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THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION Leisure and Cultural Services Department TENDER FOR THE PROVISION OF SERVICES Tender Ref. : TENDER FORM LCT 6006/21(S) Contract No. : LODGING OF TENDER To be acceptable as a Tender, this form, properly completed in triplicate and enclosed in a sealed plain envelope marked "Tender for “Provision of Stadia Floor Services to the Hong Kong Coliseum and the Queen Elizabeth Stadium of the Leisure and Cultural Services Department” and addressed to the Chairman, Government Logistics Department Tender Opening Committee , must be deposited in the Government Logistics Department Tender Box situated on Ground Floor, North Point Government Offices, 333 Java Road, North Point, Hong Kong before 12:00 noon (time) on 19 November 2021 (date) (Hong Kong Time). Late Tenders will not be accepted. INTERPRETATION PART 1 — TERMS OF TENDER PART 2 — GENERAL CONDITIONS OF CONTRACT The Interpretation, the Terms of Tender and the General Conditions of Contract forming part of the Standard Terms and Conditions are available for viewing and downloading from the following website: • https://pcms2.gld.gov.hk/iprod/#/ssm10701 Copies of the above-mentioned documents can also be obtained from the following: Procurement Division, Government Logistics Department 9/F, North Point Government Offices, 333 Java Road, North Point, Hong Kong Internet Homepage-http://www.gld.gov.hk) PART 3 — SPECIAL CONDITIONS OF CONTRACT Attached to this Tender Form (if any). PART 3A — SERVICE SPECIFICATIONS Attached to this Tender Form (if any). Dated this 29th day of October 2021 Rex LAW Government Representative G.F. 231 (Rev. 04/20) Tender Ref. : LCT 6006/21(S) PART 4 — OFFER TO BE BOUND 1. Having read the Tender Documents, I/we, the Tenderer mentioned below, agree to be bound by all of the terms and conditions as stipulated therein. 2. I/We, the Tenderer mentioned below, do hereby agree to carry out all and any of the Services at the Unit Price(s) quoted by me/us in the Price Schedule free of all other charges, subject to and in accordance with the terms and conditions of 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 5 MEMORANDUM OF ACCEPTANCE On behalf of the Government of the Hong Kong Special Administrative Region, I ................................................................................................................................................................................................................................ (name and position of officer) accept your Tender for the Contract relating to the following Item(s). identification purposes. A copy of each document constituting the Contract is hereby attached for .................................................................................................................................................................................................................................... .................................................................................................................................................................................................................................... .................................................................................................................................................................................................................................... .................................................................................................................................................................................................................................... .................................................................................................................................................................................................................................... Dated this .......................... day of ...................................... 20 ................ Signed by the said ....................................................................... ....................................................................................................... ....................................................................................................... G.F. 231 (Rev. 04/20) in the presence of : .................................................................... ...................................................................................................... ....................................................................................................... 香 港 特 別 行 政 區 政 府 康樂及文化事務署 招 標 承 投 提 供 服 務 招標編號 : 投 標 表 格 ......................................... 合約編號 : ............................................ 投 遞 標 書 投遞標書,必須填妥此表格,一式三份密封於無標記的信封內,信封面註明 「 .............................................................................................................................................................................................................. ................................................................................................................................................................................................................ 投 標 書 」 , 致 ..................................................................................... 主 席 收,並 於 ................................ 年 ................... 月 .....................日 ............................. (香港時間) 前 投 入 設 於 ............................................................................................................ ....................................................................................................................................... 的 投 標 箱 內 。 逾 期 投 標 概 不 受 理 。 釋 義 第 1 部份 — 招標條款 第 2 部份 — 一般合約條款 有 關 標 準 條 款 及 條 件 內 所 載 的 釋 義 部 分 、 招 標 條 款 和 一 般 合 約 條 款 , 請 到 以 下 網 站 查 閱 和 下 載: https://pcms2.gld.gov.hk/iprod/#/ssm10701 上述文件亦可在下列辦事處索取: 香 港 北 角 渣 華 道 333 號 北 角 政 府 合 署 9 樓 政 府 物 流 服 務 署 採 購 科 (互 聯 網 頁 - http://www.gld.gov.hk) 第 3 部分 — 特別合約條款 夾 附 於 本 投 標 表 格 內(如有)。 第 3 甲部分 — 服務規格 夾 附 於 本 投 標 表 格 內(如有)。 日 期 : 二 ○ .......................... 年.......................... 月 ................ 日 政府代表 G.F. 231 (Rev. 04/20) 招 標 編 號 : ......................................... 第 4 部份 — 應約履行 1. 我/我們,下述投標者,經參閱本招標文件後,同意受當中訂定的所有條款及條件約束。 2. 我/我 們 , 下 述 投 標 者 , 同 意 按 照 本 招 標 文 件 的 招 標 條 款 及 條 件 , 以 我 / 我 們 在 價 格 附 表 呈 報 的 單 價 , 依 約提供全部及任何服務,不再收取其他任何費用。 由投標者簽署/獲授權簽署人為及 代表投標者簽署 : …..………………………………………………………………………………………… 投標者名稱/姓名 獲 授 權 簽 署 人 姓 名 及 職 位 (如 適 用 ) : …..………………………………………………………………………………………… : …..………………………………………………………………………………………… 日期 : …..………………………………………………………………………………………… 第 5 部份 接受投標備忘錄 本 人 .......................................................................................................................................................................................................................... (姓 名 及 職 位 ) 現 代 表 香 港 特 別 行 政 區 政 府,接 納 你 就 以 下 項 目 的 合 約 遞 交 的 標 書。現 付 上 構 成 合 約 的 每 份 文 件 的 副 本,以 供 識別之用: .................................................................................................................................................................................................................................... .................................................................................................................................................................................................................................... .................................................................................................................................................................................................................................... .................................................................................................................................................................................................................................... .................................................................................................................................................................................................................................... 日 期 : 二 ○ .......................... 年 .......................... 月 ................ 日 簽署人: ........................................................................ ........................................................................ ....................................................................... G.F. 231 (Rev. 04/20) 見證人: ....................................................................... ....................................................................... ....................................................................... Tender Ref.: LCT 6006/21(S) Sheet 1 INTERPRETATION 1. In these Tender Documents, the following words and expressions have the meaning hereby assigned to them except when the context otherwise requires “Arena Seating Platforms/ Systems/Configurations” mean items such as portable retractable/telescopic tiered seating platforms/systems which are able to accommodate not less than 500 seats or positioning not less than 500 seats; “Commencement Date” means 1 April 2022 or a date as specified by the Government under clause 1.2 of the Conditions of Contract; “Contract” means the contract made between the Contractor in accordance with the Tender Form (G.F. 231)(Rev. 04/20) and the Government for the provision of the Services on the terms set out in the Terms of Tender, the Conditions of Contract, the Service Specifications and the Contract Schedules; “Contract Deposit” means the deposit as more particularly described in clause 16 of the Terms of Tender and clause 19 of the Conditions of Contract; “Contract Schedules” “Schedules” or means the schedules for the Contract hereto attached to the Tender Documents; “Contractor” means the Tenderer whose tender is accepted by the Government; “Contractor’s Employee” means any one or more employee or employees of the Contractor who is/are deployed by the Contractor to perform the Services under the Contract; “Estimated Contract Value” means the aggregated total estimated amount for the provision of the Services under Relevant Group(s) as quoted in Part A of the Contract Schedule 1 by the Contractor and accepted by the Government Representative; “Extended Date” means the revised Tender Closing Date as extended by the Government in accordance with clause 3.3 of the Terms of Tender; Tender “Floor Services” Interpretation Closing means the services for setting up, dismantling and operation of (i) Sports Equipment and/or Arena Seating Platforms/Systems/Configurations or (ii) Tender Ref.: LCT 6006/21(S) Sheet 2 Stage Equipment and/or Arena Platforms/Systems/Configurations; Seating “General Holiday” or “Public Holiday” means every Sunday and any other day which is a general holiday by virtue of the General Holidays Ordinance (Cap. 149 of the Laws of Hong Kong); “Government” means the Government of Hong Kong; “Government Representative” means the Director of Leisure and Cultural Services acting for and on behalf of the Government and any other officer authorised by the Director of Leisure and Cultural Services from time to time for the purpose of this Contract; “Group” means a group of venue categorized by its location as set out in the Service Specifications; “Hong Kong” means the Hong Kong Special Administrative Region of the People’s Republic of China; “Intellectual Property Rights” or “IPR” means patents, trade marks, service marks, trade names, design rights, copyrights, domain names, database rights, rights in know-how, new inventions, designs, processes, and other intellectual property rights whether now known or created in future (of whatever nature and wheresoever arising) and in each case whether registered or unregistered, and include applications for the grant of any such rights; “LCSD” means the Leisure and Cultural Services Department of the Government; “Management” means the officer-in-charge of a Venue or any officer authorised to act on his behalf for the purpose of the Contract; “Month” means a calendar month; “Monthly Payment” means a sum at which the Contractor has provided the Services applicable to the Venue(s) in a Month, and as it may be adjusted in accordance with clauses 24 and 30 of the Conditions of Contract; “Multi-purpose venue(s)” means indoor or outdoor venue(s) with an arena floor and spectator stands for staging sports events, entertainment programmes or other functions; Interpretation Tender Ref.: LCT 6006/21(S) Sheet 3 “Non-collusive Tendering Certificate” means a document known as such and in the form attached to the Tender Form for completion and submission by the Tenderer as part of its Tender under clause 22.2 of the Terms of Tender; “Officer-in-charge” means the staff appointed by the Contractor whose duties and responsibilities are specified in clause 12 of the Conditions of Contract; “Person” means any individual, corporation, partnership or firm; “Relevant Group(s)” means the Group(s) of the Services that has/have been awarded to the Contractor; “Services” means services stated in clause 2 of the Conditions of Contract and the requirements of services described in the Service Specifications, and all the work and things to be executed, supplied or done by the Contractor and any other supplementary or related goods and services to be provided by the Contractor under this Contract; “Service Order” means the order issued by the Government Representative in writing for the provision of the Services to be provided by the Contractor under the Contract; “Service Period” means the period as specified in clause 1.1 of the Conditions of Contract and any adjustment made pursuant to clauses 1.2 and/or 1.3 of the Conditions of Contract; “Service Specifications” means the specifications which set out the service requirements of the Government, a copy of which is attached to the Tender Documents, and which include any update and revision agreed with the Contractor; “Site Leader” means the Contractor’s personnel performing the duties of the post of Site Leader whose minimum qualification requirements are specified in Clause 10.1 of the Terms of Tender; “Specified Tender Box” means the tender box specified in the “Lodging of Tender” section of the Tender Form or, where applicable, other places assigned by a Government officer for depositing bulky tenders; Interpretation Tender Ref.: LCT 6006/21(S) Sheet 4 “Sports Equipment” means items such as portable wooden flooring system for basketball or volleyball (which may also be used for badminton or table-tennis in smaller sizes), portable basketball backstops, volleyball turf, badminton or table tennis mats, line-marking of courts or boxing/gymnastics equipment items; “Stage Equipment” means items such as portable demountable stage platforms/systems; “Standby Workman” or “Standby Workmen” means the Contractor’s personnel performing the duties of the post of Standby Workmen whose duties are specified in the Service Specifications; “Sub-contractor” means the Person with whom the Contractor enters into any sub-contract for the performance of any part of the Contract in pursuance of clause 50 of the Conditions of Contract; “Tender Closing Date” means the latest date and time (Time) before which tenders must be lodged; which is specified in the “Lodging of Tender” section of the Tender Form (G.F. 231) (Rev. 04/20) and which may be extended in accordance with clause 3.3 of the Terms of Tender; "Tender Documents" means the documents as specified in clause 1 of the Terms of Tender; “Tender Validity Period” means the period of time described in clause 9.1 of the Terms of Tender during which a tender shall remain open; “Tenderer” means the firm or the organisation, other than any form of joint venture, referred to in the “Offer to be Bound” section of the Tender Form (G.F. 231)(Rev. 04/20); “Time” all references to time refer to Hong Kong time, i.e. GMT +8; and “Venue” means the Hong Kong Coliseum and the Queen Elizabeth Stadium including each and every building, area of land or other place on, under, in, over or through which work in pursuance of the Contract is to be executed and any other building, area of land or place that are specified by the Government Representative for the purpose of the Contract. Interpretation Tender Ref.: LCT 6006/21(S) 2. Sheet 5 In these Tender Documents (including the Contract), unless the context otherwise requires, the following rules of interpretation shall apply (a) words importing one gender include the other; (b) the singular includes the plural and vice versa; (c) working days shall not include General Holiday; (d) reference to any statue, enactment, order, regulation or other similar instrument shall be construed as a reference to the statute, enactment, order, regulation or instrument as amended by any subsequent statue, enactment, order, regulation or instrument. Reference to a statute or enactment shall include all subsidiary legislation made thereunder; (e) the heading to individual clauses and provisions of the Tender Documents is for ease of reference only and shall not affect the interpretation or construction of the Tender Documents (including the Contract); and (f) all the Service Specifications and the Contract Schedules shall form part of the Contract. 3. Unless otherwise provided, all payment shall be made in Hong Kong dollars. Interpretation Tender Ref.: LCT 6006/21(S) Sheet 6 PART 1 TERMS OF TENDER Contents Sheet 1. Tender Documents .................................................................................................................7 2. Invitation to Tender................................................................................................................7 3. Submission of Tender ............................................................................................................7 4. Tender Addenda .....................................................................................................................9 5. Tender Preparation .................................................................................................................9 6. Basis of Acceptance .............................................................................................................10 7. Prices Quoted .......................................................................................................................10 8. Tenderers’ Response to the Government’s Enquiries ..........................................................11 9. Tender to Remain Open .......................................................................................................11 10. Essential Requirement .........................................................................................................12 11. Management Plan.................................................................................................................13 12. Selection of Tender ..............................................................................................................14 13. Offers to be Bound ...............................................................................................................14 14. Award of Contract................................................................................................................15 15. Documents of Unsuccessful Tenderer(s) .............................................................................15 16. Submission of Document for Financial Vetting and Contract Deposit ...............................15 17. Consent to Disclosure ..........................................................................................................16 18. Contractor’s Performance Monitoring .................................................................................16 19. Tenderer’s Enquiries ............................................................................................................17 20. Tender Briefing Session and Site Visits ..............................................................................17 21. Tenderer’s Commitment ......................................................................................................18 22. Warranty against Collusion..................................................................................................18 23. Warning against Bribery ......................................................................................................19 24. The Attachments ..................................................................................................................19 25. Negotiation...........................................................................................................................20 26. Cancellation of Tender .........................................................................................................20 27. Undisclosed Agency ............................................................................................................20 28. Personal Data Provided ........................................................................................................20 29. Disqualification of Tenders..................................................................................................21 30. Complaints About Tendering Process or Contract Award ..................................................21 31. Exclusion..............................................................................................................................21 32. Environment Friendly Measures ..........................................................................................21 33. New Information Relevant to Qualified Status ....................................................................22 34. Offering Gratuities ...............................................................................................................22 Annex A –Tender Evaluation Procedures, Criteria and Marking Scheme ..................................23 Annex B – Working Background and Status of the Tenderer .....................................................30 Annex C – Experience of the Tenderer........................................................................................33 Annex D – Non-collusive Tendering Certificate .........................................................................34 Appendix A – Requirements of the Financial Information to be Submitted upon Request .......37 Appendix B – Form of Performance Bond ..................................................................................38 Terms of Tender Tender Ref.: LCT 6006/21(S) Sheet 7 LEISURE AND CULTURAL SERVICES DEPARTMENT Provision of Stadia Floor Services to the Hong Kong Coliseum and the Queen Elizabeth Stadium of the Leisure and Cultural Services Department PART 1 TERMS OF TENDER ALL TENDERERS ARE ADVISED TO READ THE TENDER DOCUMENTS CAREFULLY PRIOR TO PREPARING THEIR SUBMISSION. ANY TENDER WHICH DOES NOT FOLLOW THE INSTRUCTIONS CONTAINED IN THE DOCUMENTS WOULD BE CONSIDERED INCOMPLETE AND MAY NOT BE CONSIDERED FURTHER. 1. Tender Documents 1.1 These Tender Documents consist of complete set of (a) Tender Form (G.F. 231) (Rev. 04/20); (b) Interpretation (Sheets 1 to 5); (c) Part 1 - Terms of Tender (Sheets 6 to 41); (d) Part 2 - Conditions of Contract (Sheets 42 to 69); (e) Service Specifications (Sheets 70 to 101); and (f) Contract Schedules (Sheets 102 to 123). 1.2 The Interpretation as provided for in Sheets 1 to 5 shall apply to the whole set of the Tender Documents unless the context otherwise requires. 2. Invitation to Tender Tenders are invited for the Provision of Stadia Floor Services to the Hong Kong Coliseum and the Queen Elizabeth Stadium of the Leisure and Cultural Services Department as more particularly described in the Service Specifications and on such terms and conditions as set out in the Terms of Tender, the Conditions of Contract and the Contract Schedules. 3. Submission of Tenders Two-Envelope System 3.1 A two-envelope system will be adopted for this tender exercise. A Tenderer shall submit its tender in two (2) envelopes clearly labelled Envelope A and Envelope B respectively on the outside as follows (a) documents relating to the price information (i.e. the original copy and two (2) copies of Contract Schedule 1 (Sheets 102 to 120) - Rates for Provision of Stadia Floor Services) should be enclosed in a sealed envelope clearly marked “Envelope A” and “Tender Ref.: LCT 6006/21(S) – Tender for the Provision of Stadia Floor Services to the Hong Kong Coliseum and the Queen Elizabeth Stadium of the Leisure and Cultural Services Department - Price Information”; and (b) documents relating to the technical information (i.e. the original copy and two (2) Terms of Tender Tender Ref.: LCT 6006/21(S) Sheet 8 copies of all other remaining information, the duly signed “Offer to be Bound”, forms, schedules and documents required by these Tender Documents but without any indication on the Rates for Provision of Stadia Floor Services) should be enclosed in another sealed envelope clearly marked “Envelope B” and “Tender Ref.: LCT 6006/21(S) – Tender for the Provision of Stadia Floor Services to the Hong Kong Coliseum and the Queen Elizabeth Stadium of the Leisure and Cultural Services Department - Technical Information”. 3.2 The tender comprising both Envelope A and Envelope B should be enclosed in a sealed envelope (Envelope C) addressed to the person specified in the “Lodging of Tender” section of the Tender Form (G.F. 231) (Rev. 04/20) and clearly marked “Tender Ref.: LCT 6006/21(S) – Tender for the Provision of Stadia Floor Services to the Hong Kong Coliseum and the Queen Elizabeth Stadium of the Leisure and Cultural Services Department”. The tender shall be deposited at the place specified in the “Lodging of Tender” section of the Tender Form (G.F. 231) (Rev. 04/20) before the Tender Closing Date or the Extended Tender Closing Date, as the case may be. Late tender and tender not deposited in the Specified Tender Box will not be accepted. 3.3 (a) 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 for any duration between 9:00 a.m. (Time) and 12:00 noon (Time) on the Tender Closing Date, the tender closing time will be deferred to 12:00 noon (Time) on the next weekday (i.e. except Saturday and General Holiday) after the Tropical Cyclone Warning Signal No. 8 or above, or Black Rainstorm Warning Signal or “extreme conditions after super typhoons” announced by the Government is cancelled. (b) In case of blockage of the public access to the location of the tender box at any time between 9:00 a.m. (Time) and 12:00 noon (Time) on the Tender Closing Date, the Government will announce extension of the 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). (c) The Government reserves the right to extend at its sole discretion the Tender Closing Date at any time and from time to time. Discrepancies 3.4 A Tenderer must ensure that there is no discrepancy between the original and the copies of the tender submitted to the Government. Should any discrepancies be found, the tender may not be considered further. 3.5 The Government will not be responsible for any mislaid submission. Incomplete tenders or tenders submitted in a form or manner other than that described in the preceding subclauses of this clause will result in the tender not being considered further. 3.6 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 not), 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 Terms of Tender Tender Ref.: LCT 6006/21(S) Sheet 9 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). 4. Tender Addenda Should the Government require any amendments, clarifications or adjustments to be made to the Tender Documents for the purpose of this tender exercise, the Government will issue to every prospective Tenderer, who has registered with the Government when obtaining copies of the Tender Documents, numbered addenda giving full details of such amendments. The prospective Tenderer shall acknowledge receipt of these addenda. These addenda if comprising an amendment, clarification or adjustment to any provisions of the Contract, shall form a part of the Contract and shall take priority over the documents previously issued. 5. Tender Preparation 5.1 All tenders must be completed in English or Chinese, in ink or typescripts, in paper form and submitted in accordance with the manner stipulated in Clauses 3.1 and 3.2 of the Terms of Tender. 5.2 Tenders with all necessary information including documentary evidences which are necessary for tender evaluation should be submitted in TRIPLICATE. 5.3 When completing the tender, any alteration in figures or words should be effected by striking through the incorrect figures or words and inserting the correct figures or words above the original figures or words. All such amendments should be initialed by the Tenderer in ink. 5.4 A Tenderer is required to complete the following in the Tender Documents (a) Part 4 of the Tender Form “Offer to be Bound” section (G.F. 231) (Rev. 04/20) (b) Annex B to the Terms of Tender - Working Background and Status of the Tenderer (c) Annex C to the Terms of Tender - Experience of the Tenderer (d) Annex D to the Terms of Tender - Non-collusive Tendering Certificate (e) Contract Schedule 1 - Rates for the Provision of Stadia Floor Services (f) Contract Schedule 2 - Management Suggestions (g) Contract Schedule 3 - Experience of the Site Leader(s) Plan and Innovative 5.5 The “Offer to be Bound” section shall be duly signed by the Tenderer (in the case of a sole proprietorship) or a partner of the Tenderer (in the case of a partnership) or an authorised person or persons for and on behalf of the Tenderer (in the case of a company). 5.6 When completing the “Offer to be Bound” section, a Tenderer shall ensure that the name of the Tenderer is the same as the name shown in the Certificate of Incorporation or the Certificate of Change of Name (if any) or equivalent document or its trading name as shown in the Business Registration Certificate or other valid business documents issued by a governmental or competent authority. Terms of Tender Tender Ref.: LCT 6006/21(S) 5.7 Sheet 10 A Tenderer shall note that its tender will not be considered further if by the Tender Closing Date or the Extended Closing Date, as the case may be, the Tenderer fails to submit(a) the tender in paper form at the place specified in the “Lodging of Tender” section of the Tender Form (G.F. 231) (Rev. 04/20); (b) a duly signed Offer to be Bound, Part 4 of the Tender Form (G.F. 231) (Rev. 04/20); (c) the price information as required in Part A of Contract Schedule 1; (d) with its tender the Management Plan as required in Contract Schedule 2; or (e) the information as required in Contract Schedule 3 – Experience of the Site Leader(s). 6. Basis of Acceptance 6.1 A Tenderer should note that tenders are invited for the provision of the Services at each of the following Groups (individually, the “Group” and collectively, the “Groups”) separately(a) Group A – Hong Kong Coliseum; and (b) Group B – Queen Elizabeth Stadium. A Tenderer may bid to provide the Services for any Group(s). If a Tenderer submits a bid to provide the Services for more than one (1) Group, each bid will be considered and assessed separately. A tender with only partial offer in a Group will result in the tender for that Group not being considered further. 6.2 The Government is not bound to accept the lowest or any tender. The Government reserves the right to accept all or any part of any tender at any time within the Tender Validity Period. 6.3 The Government is not bound to accept an offer in the event of a claim being received by the Government alleging or the Government having grounds to believe that the services to be supplied by the Tenderer under the tender are infringing copyrights or have otherwise infringed the Intellectual Property Rights in connection with the services of any persons including but not limited to the Government. 6.4 Without prejudice to and in addition to the provisions of these terms and conditions, the Government reserves the right to award the Contract to the Tenderer who meets the following criteria (a) the Government is of the opinion that the Tenderer is fully capable of undertaking the Contract; and (b) the Government considers that, in terms of the evaluation criteria specified in the Tender Documents, the tender is or appears to be the most advantageous one to the Government. 7. Prices Quoted 7.1 A Tenderer shall ensure that the prices quoted are accurate before submitting its tender. Under no circumstances shall the Government be obliged to accept any request for price adjustment on grounds that a mistake has been made in the prices quoted. 7.2 All prices quoted in the tender shall be in Hong Kong dollars and, if accepted by the Government, shall remain valid and binding for the Service Period . Terms of Tender Tender Ref.: LCT 6006/21(S) Sheet 11 7.3 Unless otherwise specified and agreed, payment will be made direct to the successful Tenderer's bank account as stated in Annex B. If the above payment method is not acceptable, a Tenderer must indicate in its tender the alternative payment method it prefers for the Government’s consideration. All additional costs and charges arising from the use of alternative method(s) of payment approved by the Government Representative shall be borne solely by the successful Tenderer who shall forthwith reimburse the Government if such additional costs and charges shall have been paid by the Government Representative. 7.4 Without prejudice to the generality of the terms and conditions of these Tender Documents, the Government may require a Tenderer, who in the opinion of the Government, has submitted unreasonably low price, to justify and demonstrate to the reasonable satisfaction of the Government that such a Tenderer is capable of carrying out and completing the Contract. Failing to so justify and demonstrate to the Government’s satisfaction would entitle the Government not to consider the tender further without having the need to give any reason(s) for not considering the tender. 8. Tenderers’ Response to the Government’s Enquiries 8.1 In the event that the Government determines that clarification of any tender is necessary, it will advise the Tenderer accordingly indicating whether the Tenderer should supplement its tender. Each Tenderer shall thereafter within five (5) working days after the date of the Government’s request or 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 (or will not be considered further if the information or document required is essential to substantiate the compliance of the tender requirements specified in the Tender Documents). 8.2 Tenderers should also note that the Government will not consider any clarification submitted by a Tenderer after the Tender Closing Date or the Extended Tender Closing Date, as the case may be, irrespective of whether or not the clarification is submitted at the invitation of the Government if the Government considers that such clarification would alter the Tenderer’s tender in substance or give the Tenderer an advantage over the other Tenderers. 8.3 Unless otherwise expressly stated by the Government in writing, any statement whether oral or written made in response to any enquiry made by a prospective Tenderer shall be for information only. No such statement constitutes a representation or warranty of whatsoever nature, express or implied, and no invitation is made by the Government to any Tenderer or prospective Tenderer to rely on the accuracy or completeness of such statement. Unless in the context of an issued addendum to the Tender Documents, the statement will not be deemed to form part of these Tender Documents and it shall not alter, negate or waive any of the provisions set out in these Tender Documents. 9. Tender to Remain Open 9.1 Tenders shall remain open for acceptance by the Government for not less than one hundred and fifty (150) days after the Tender Closing Date or the Extended Tender Closing Date, as the case may be (“Tender Validity Period”). Without prejudice to other rights and claims of the Government, where a Tenderer rejects this Tender Validity Period or counter-proposes a shorter validity period, its tender will not be considered further. 9.2 If a Tenderer withdraws its tender before the expiry of the Tender Validity Period, Terms of Tender Tender Ref.: LCT 6006/21(S) Sheet 12 without prejudice to other rights and claims of the Government, due notice will be taken of the Tenderer’s action which may prejudice its future standing as a Government contractor. 10. Essential Requirement 10.1 A Tenderer must propose at least one (1) individual full-time Site Leader for each Group Note 1 the Tenderer is bidding, who must each possess at least two (2) aggregate years Note 2 of working experience in monitoring the on-site execution of Floor Services Note 3 for Events Note 4 in Multi-purpose Venue Note 5 within the past ten (10) years prior to the Tender Closing Date. Documentary proof Note 6 must be provided by the Tenderer to substantiate the claim of relevant experience. A Tenderer’s tender will not be considered further if the Tenderer failed to comply with this essential requirement Note 7. 10.2 A Tenderer’s Tender will not be considered further if: (a) the Tenderer fails to submit the documentary proof as required in clause 10.1 above before the Tender Closing Date, or the Extended Tender Closing Date, as the case may be, or within the time which may subsequently be stipulated in the Government’s written request at the Government’s discretion; or (b) the submitted documents fail to demonstrate that the Tenderer is in compliance with the requirements stipulated in clause 10.1 above; or (c) the Tenderer expressly indicates its non-compliance with the requirements stipulated in clause 10.1 above. Note 1: Tenderer should indicate clearly in its tender the Group to which the proposed Site Leader is responsible for. For the avoidance of doubt, if the Tenderer bids for both Groups A and B, the Site Leader proposed for Group A shall not be the same person as proposed for Group B. Note 2: All experience obtained is to be counted in days, i.e. an aggregate of at least two (2) years is equivalent to have accumulated not less than 730 (i.e. 365 x 2) days of experience. If more than one (1) relevant contracts are quoted as proof of experience, the experience under different contracts will not be double-counted for those overlapping periods. For example, a proposed Site Leader will be counted as having 912 days’ experience if he/she had contracts covering the period of 1.1.2018 – 31.12.2018 (365 days counted), 1.7.2018 – 30.6.2019 (181 days counted) and 1.7.2019 – 30.6.2020 (366 days counted). For contract under performing by a proposed Site Leader, only the period prior to the Tender Closing Date will be counted as proof of experience. Note 3: Floor Services refer to the provision of services for setting up, dismantling and operation of (i) Sports Equipment and/or Arena Seating Platforms/Systems/Configurations for the Events; or (ii) Stage Equipment and/or Arena Seating Platforms/Systems/Configurations for the Events. The Events herewith has the meaning given in Note 4 below. Note 4: Events include but not limited to sports events (such as basketball, volleyball, badminton, table tennis, martial arts, gymnastic/floor exercises, taichi or others), entertainment programmes (such as variety shows, pop concerts, dance, drama, music, opera, music theatre or others) or other functions (such as assembly, conference, lecture, graduation ceremony or others). Terms of Tender Tender Ref.: LCT 6006/21(S) Sheet 13 Note 5: Multi-purpose Venue refers to indoor or outdoor venue with an arena floor and spectator stands for staging sports events, entertainment programmes or other functions; and has a total seating capacity of not less than 1,000. Note 6: Documentary proof, e.g. copy of employment contract showing the period of employment with post title, job descriptions, the scope of duties, etc. must be provided by the Tenderer to substantiate the claimed past experience of the proposed Site Leader(s) in the tender. Otherwise, the relevant claimed past experience will not be taken into account. Note 7: Assessment on whether a Tenderer is in compliance with Clause 10.1 above for the respective Group it is bidding will be solely based on information on the past experience of the Site Leader(s) proposed by the Tenderer as stated in its Tender by the Tender Closing Date or the Extended Tender Closing Date, as the case may be. In this connection, a Tenderer must submit with its tender information on the past experience of its proposed Site Leader(s) as required in Contract Schedule 3. 11. Management Plan 11.1 A Tenderer must submit with its tender a Management Plan by the Tender Closing Date or the Extended Tender Closing Date, as the case may be. Otherwise, the Tenderer’s tender will not be considered further. 11.2 The information submitted in the Management Plan as required in Contract Schedule 2 will form part of the tender to be evaluated by the Government. In this connection, the Tenderer is required to incorporate the information outlined below and innovative suggestion(s) into its proposed Management Plan. To facilitate tender evaluation, Tenderer should highlight the proposed innovative suggestion(s) and explain clearly what benefits/positive values their proposed innovative suggestion(s) can bring about in their submissions. The Tenderer may also include other materials as appropriate to facilitate consideration of its tender by the Government. (i) Organisation chart showing the manpower to be deployed to this Contract, including off-site management staff and on-site staff of the service team for each Group; (ii) Details of the recruitment plan for securing sustainable manpower for this Contract, the selection process and criteria for examining the suitability of on-site staff of the service team for each Group and the number of standby workmen that could be provided for this Contract; (iii) Details of the training programmes for on-site staff for the performance of the Services, including induction and refresher courses; (iv) Details of the mechanism for checking staff attendance, discipline and performance and auditing the quality of the Services provided; (v) Details of the measures and equipment to be provided for ensuring staff’s compliance with occupational safety and health requirements and related regulations while performing duties; (vi) Level of capability to meet ad hoc urgent requests (e.g. service orders issued at short notice) and unforeseen situations (e.g. provision of service under inclement weather) with details on the number of standby workmen that could be mobilised within a specified timeframe; and Terms of Tender Tender Ref.: LCT 6006/21(S) (vii) Sheet 14 Details of transition-in and transition-out arrangement at pre-commencement and upon expiry of this Contract. 11.3 The costs of the proposed innovative suggestion(s) shall be included and deemed to have been included in the Estimated Contract Value for the provision of the Services in the Contract. The proposed innovative suggestion(s), if accepted by the Government, shall be implemented by the Tenderer with no additional cost to the Government. 11.4 Without prejudice to any other provision of these Terms of Tender, the Government may, at its absolute discretion, accept any one or more innovative suggestions submitted by the successful Tenderer in its tender. If the plan and innovative suggestion(s) is/are accepted by the Government, it/they will be legally binding on the successful Tenderer and form part of the Contract. 11.5 The Contractor warrants that it shall perform the Contract in full compliance with all accepted innovative suggestions. In the event that the Contractor fails to deliver any of the accepted innovative suggestions, the Government Representative shall be entitled to record in writing a Default Notice in accordance with clause 31 of the Conditions of Contract. For every Default Notice issued, an amount in the form of liquidated damages will be deducted in accordance with the scale in clause 31.4 of the Conditions of Contract. 12. Selection of Tender 12.1 Tenders that are submitted in accordance with these Terms of Tender and are in compliance with all the essential requirements stipulated in clause 10 above will be evaluated according to the marking scheme specified in Annex A. Subject to clause 6 above, the Tenderer whose tender with the highest combined score will normally be selected to provide the Services. 12.2 Subject to the other provisions of the Tender Document, if two or more tenders achieve the same highest combined weighted technical and weighted price score, the Government will normally award the Contract to the Tenderer whose tender obtains the highest weighted technical score. 12.3 Tender price will be assessed on the basis of the Estimated Contract Value (i.e. total amount of all items for respective Group) quoted by the Tenderer in Contract Schedule 1. Any prompt payment discount offered by a Tenderer in Contract Schedule 1 will not be taken into consideration in the tender price assessment. 13. Offers to be Bound 13.1 All parts of the tender submitted and offered by the Tenderer shall be binding on the Tenderer. A Tenderer is deemed to have satisfied itself as to the correctness of its tender. In the event that a Tenderer discovers an error in its tender after the tender has been deposited, the Tenderer may correct the same in a separate letter. No request for adjustment or variation whatsoever will be allowed or entertained after the Tender Closing Date or the Extended Tender Closing Date, as the case may be. 13.2 Should it be found on examination by the Government after the Tender Closing Date or the Extended Tender Closing Date, as the case may be, that a Tenderer has made errors in the figures stated in its tender, the Tenderer may be informed of the errors and asked to confirm in writing whether it is prepared to abide by the corrected figures. 13.3 The Government may require a Tenderer to clarify any aspect of its tender by way of Terms of Tender Tender Ref.: LCT 6006/21(S) Sheet 15 provision of additional information or documentary proof. A tender may not be considered further if the Tenderer fails to comply with the Government’s request for clarification. 14. Award of Contract 14.1 The recommended Tenderer(s) will receive, as an indication of acceptance, a facsimile or a letter of acceptance prior to the receipt of duplicate copy of the Contract document. Upon receipt of such facsimile or letter, a binding Contract would be deemed to have been duly constituted between the Government and the successful Tenderer(s). For the avoidance of doubt, the subsequent issuance of the duplicate copy of the Contract with Part 5 (Memorandum of Acceptance) of Tender Form (G.F. 231) (Rev. 04/20) duly completed is entirely a matter of procedural formality. 14.2 Any Tenderer who does not receive any notification of the acceptance of its tender within the Tender Validity Period may deem its tender as unsuccessful. 15. Documents of Unsuccessful Tenderer(s) Documents of unsuccessful Tenderer(s) will be destroyed three (3) months after the Contract has been awarded. 16. Submission of Document for Financial Vetting and Contract Deposit 16.1 Based on the rates quoted by a Tenderer in Contract Schedule 1, an estimated contract value that may be payable by the Government under the Contract (“Estimated Contract Value”) during the Service Period pursuant to the Tenderer’s offer will be determined by the Government. 16.2 If the Estimated Contract Value is over HK$15,000,000, the Tenderer may be required to provide (upon request) at any time and from time to time the documents and financial information as detailed in Appendix A which include but not limited to the following for financial vetting purpose (a) (b) audited financial accounts; unaudited / management accounts; and (c) projected statement of profit and loss and other comprehensive income and statement of cash flow. A Tenderer shall upon request of the Government provide those documents and financial information stated in Appendix A. If a request for the provision of documents and financial information is made under this clause 16.2, the Tenderer shall within the time stipulated in the request provide the Government the documents and information specified in the request. The Government shall be entitled not to consider the tender further if the Tenderer fails to provide the requisite documents and information to the satisfaction of the Government. 16.3 If the Estimated Contract Value exceeds HK$15,000,000, the successful Tenderer shall within twenty-one (21) days after the date of the facsimile or letter of acceptance referred to in clause 14 hereof or at such other time as shall be directed by the Government, deliver to the Government a Contract Deposit of an amount equivalent to two percent (2%) (after having passed the financial assessment) or five percent (5%) (after having failed the financial assessment) as the case may be of the Estimated Contract Value as security for the due and faithful performance of the Contract. The Contract Deposit may Terms of Tender Tender Ref.: LCT 6006/21(S) Sheet 16 be paid either in cash or by way of a performance bond issued by a bank that holds a valid banking licence under the Banking Ordinance (Cap. 155 of the Laws of Hong Kong) or an insurer authorised under the Insurance Ordinance (Cap. 41 of the Laws of Hong Kong), in the form set out in Appendix B with only such amendments as may previously have been agreed in writing by the Government. 16.4 If the Estimated Contract Value exceeds HK$1,400,000 but not more than 15,000,000, the successful Tenderer shall within twenty-one (21) days after the date of the facsimile or letter of acceptance referred to in clause 14 hereof or at such other time as shall be directed by the Government, deliver to the Government a Contract Deposit of an amount equivalent to two percent (2%) of the Estimated Contract Value as security for the due and faithful performance of the Contract. The Contract Deposit may be paid either in cash or by way of a performance bond issued by a bank that holds a valid banking licence under the Banking Ordinance (Cap. 155 of the laws of Hong Kong) or an insurer authorised under the Insurance Ordinance (Cap. 41 of the laws of Hong Kong), in the form set out in Appendix B with only such amendments as may previously have been agreed in writing by the Government. 16.5 If a Tenderer elects to provide a performance bond, the performance bond must remain in force from the Commencement Date until three (3) months after the expiry of the Service Period or the date on which all of the obligations and liabilities of the Contractor under the Contract have been duly carried out, completed and discharged to the satisfaction of the Government, whichever is the later in accordance with clause 19.2 of the Conditions of Contract. 16.6 A Tenderer shall elect the method of providing a Contract Deposit in Annex B. In the event that the successful Tenderer fails to elect the method of providing a Contract Deposit, it will be assumed that the successful Tenderer will pay the Government the Contract Deposit in cash in accordance with clause 19.1 of the Conditions of Contract. 16.7 If a Tenderer fails to deliver to the Government the Contract Deposit within such time as specified in clause 16.3 or 16.4, the Government shall be at liberty to award the Contract to any other Tenderer, to conduct a fresh tender exercise or to take such appropriate action as the Government deems fit. 17. Consent to Disclosure The Government shall have the right to disclose, without further reference to the successful Tenderer, whenever it considers appropriate or upon request (written or otherwise) by any third party information on the awarded Contract, the name and address of the successful Tenderer, description of Services and the contract value. In submitting a bid, each Tenderer irrevocably and unconditionally authorises the Government to make and consents to the Government making any of the disclosure aforesaid. The mode of display shall be such as may be specified by the Government from time to time. 18. Contractor’s Performance Monitoring A Tenderer is advised that should the Government award the Contract to it, its performance of Contract will be monitored and may be taken into account when the Government evaluates any tenders or quotations that it may submit in future. An offer or tender submitted by a Tenderer who has been in breach of any of its statutory obligations or contractual obligations under any comparable current or past contracts with the Government may not be considered further having regard, including and not limited to, the seriousness and the number of breaches and its or their relevancy to the offer or tender submitted. Without prejudice to the foregoing, the successful Tenderer may have Terms of Tender Tender Ref.: LCT 6006/21(S) Sheet 17 criminal or civil liabilities for its breach of the Contract and may be liable to compensate the Government for the losses and expenses that it may have suffered or incurred. 19. Tenderer’s Enquiries 19.1 Subject to clause 19.2 below, any enquiries from a prospective Tenderer concerning these Tender Documents other than the Service Specifications up to the date of the Tenderer lodging its tender with the Government shall be made in writing no later than three (3) working days prior to the Tender Closing Date or the Extended Closing Date, as the case may be, toDirector of Leisure and Cultural Services (Attn.: Principal Supplies Officer) Leisure and Cultural Services Department, 9/F, Leisure and Cultural Services Headquarters, 1-3 Pai Tau Street, Sha Tin, New Territories. Fax No. : (852) 2684 9634 19.2 19.3 Any enquiries from a prospective Tenderer relating to the Service Specifications up to the date of the Tenderer lodging its tender with the Government shall be made in writing no later than three (3) working days prior to the Tender Closing Date or the Extended Tender closing Date, as the case may be, to (and with a copy thereof sent to the Principal Supplies Officer in accordance with clause 19.1 above) Venue Name of Contact Officer Fax No. Hong Kong Coliseum Ms. Queenie WONG (852) 2774 6230 Queen Elizabeth Stadium Mr. Jason CHAN (852) 2803 5794 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 these 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. 20. Tender Briefing Session and Site Visits 20.1 Briefing session and site visits are scheduled as follows – Tender Briefing Location : Date and Time : Contact Person : Telephone Number : Hong Kong Coliseum 9.11.2021 (Tuesday) 10:00 a.m. Mr. Jason CHAN (852) 2591 1354 Site Visit Location : Date and Time : Contact Person : Telephone Number : Hong Kong Coliseum 9.11.2021 (Tuesday) 11:00 a.m. Ms. Queenie WONG (852) 2355 7273 Terms of Tender Queen Elizabeth Stadium 9.11.2021 (Tuesday) 3:00 p.m. Mr. Jason CHAN (852) 2591 1354 Tender Ref.: LCT 6006/21(S) Sheet 18 All interested parties are recommended to attend the briefing session and site visits before submitting their tenders in order to acquaint themselves with the requirements of this tender exercise and to determine the scale and cost of the Services to be provided. Meanwhile, Tenderers, before submitting their tenders, are strongly advised to inspect the equipment to assess the extent of the Services, verify all quantities and types of equipment and make themselves thoroughly acquainted with the work conditions and all aspects of the Services to facilitate preparation of their tenders. 20.2 Prospective Tenderers are advised to contact the above officer(s) one (1) day before the specified dates to register for the briefing session and respective site visits. 20.3 In case Black Rainstorm Warning Signal is in force or Tropical Cyclone Warning Signal No. 8 or above or “extreme conditions after super typhoons” announced by the Government is/are in effect for any duration two (2) hours (Time) before the scheduled time for the briefing session and/or site visits, the briefing session and/or site visits scheduled on the relevant day will be cancelled and, unless otherwise announced, the briefing session and/or site visits will be held on the following date(s) and time(s) – Tender Briefing Location : Date and Time : Site Visit Location : Date and Time : 21. Hong Kong Coliseum 10.11.2021 (Wednesday) 10:00 a.m. Hong Kong Coliseum 10.11.2021 (Wednesday) 11:00 a.m. Queen Elizabeth Stadium 10.11.2021 (Wednesday) 3:00 p.m. Tenderer’s Commitment All tenders, proposals, information and responses submitted by each Tenderer shall be the representation of the Tenderer and may be incorporated into and made part of the Contract to be made between the Government and the successful Tenderer in such manner as the Government considers appropriate. The Government may, and, in submitting a tender, the Tenderer irrevocably authorises the Government to, make such changes to the terms and conditions of the Contract as may be necessary as a result of such incorporation without the need to obtain any prior agreement of the successful Tenderer. 22. Warranty against Collusion 22.1 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 22.2 below), regarding, amongst other things, price, tender submission procedure or any terms of the Tender. Bid-rigging is inherently anti-competitive and is considered serious anti-competitive conduct under the Competition Ordinance (Chapter 619 of the Laws of Hong Kong). Tenderers who engage in bid-rigging conduct may be liable for the imposition of pecuniary penalties and other sanctions under the Competition Ordinance. 22.2 The Tenderer shall complete and submit to the Government a Non-collusive Tendering Certificate (in the form set out in Annex D) as part of its Tender. Terms of Tender Tender Ref.: LCT 6006/21(S) 22.3 Sheet 19 In the event that a Tenderer is in breach of any of the representations, warranties and/or undertakings in Clause 22.1 above or in the Non-collusive Tendering Certificate submitted by it under Clause 22.2 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 20 of the Conditions of Contract. 22.4 By submitting a Tender, a Tenderer is regarded to have undertaken to indemnify and keep indemnified the Government against all losses, damages, costs or expenses arising out of or in relation to any breach of any of the representations, warranties and/or undertakings in Clause 22.1 above or in the Non-collusive Tendering Certificate submitted by it under Clause 22.2 above. 22.5 A breach by a Tenderer of any of the representations, warranties and/or undertakings in Clause 22.1 above or in the Non-collusive Tendering Certificate submitted by it under Clause 22.2 above may prejudice its future standing as a Government contractor or service provider. 22.6 The rights of the Government under Clauses 22.3 to 22.5 above are in addition to and without prejudice to any other rights or remedies available to it against the Tenderer. 23. Warning against Bribery 23.1 The offer of an advantage to any Government officer with a view to influencing the award of the Contract is an offence under the Prevention of Bribery Ordinance (Chapter 201 of the Laws of Hong Kong). Any such offence committed by a Tenderer or any of its officers (including directors), employees or agents will render its Tender null and void. 23.2 The successful Tenderer shall inform its officers, employees (whether permanent or temporary), agents and sub-contractors who are connected with the provision of the Services 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 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 subcontractors, if any, or the supervision of the work of the sub-contractors once selected. 24. The Attachments 24.1 A Tenderer should study all attachments to the Tender Documents (including the Annexes, Appendices, Attachments and Contract Schedules) carefully before submitting its tender. The Tenderer should note that all information and statistics provided by the Government in connection with these Tender Documents are for reference only. The Government (including its servants and agents) gives no warranty, statement or representation, expressed or implied, as to its accuracy, availability, completeness, usefulness or future changes of such statistics and information. A Tenderer should Terms of Tender Tender Ref.: LCT 6006/21(S) Sheet 20 conduct its own independent assessment of the statistics and information. The Government does not accept any liability for the accuracy, completeness or otherwise of such information and statistics. 24.2 The estimated quantity of services required for respective Groups as shown in the Contract Schedule 1 is provided solely for the purpose of assessing the amount that might be payable by the Government to the successful Tenderer. The estimated quantity must be regarded as information given to Tenderer for reference only and not as figures to which the Government binds itself to adhere. The Government does not warrant or undertake that the figures set out in the estimated requirement in the Contract Schedule 1 are accurate or that the Government will, in respect of each item, acquire all such requirements under the Contract. 25. Negotiation The Government reserves the right to negotiate with any or all Tenderers about the terms of the Tenderer’s tender and the terms and conditions of the Contract. 26. Cancellation of Tender Without prejudice to the Government’s right to cancel the tender, where there are changes of requirement after the Tender Closing Date or the Extended Closing Date, as the case may be, for operational needs or other reasons that are not contrary to public interest, the Government is not bound to accept any conforming tender offer and reserves the right to cancel the tender. 27. Undisclosed Agency The person who signs a tender as the Tenderer shall be deemed to be acting as a principal unless it discloses therein that it is acting as an agent only, in which case it shall also disclose therein the name, address and the name(s) of the contact person(s) of its principal. 28. Personal Data Provided 28.1 A Tenderer’s personal data provided in the tender will be used for tender evaluation and contract award purposes. If insufficient or inaccurate information is provided, the tender may not be considered further. 28.2 Each Tenderer acknowledges and consents that the Tenderer’s or its officer’s personal data provided in the tender may be disclosed to the parties responsible for any tender evaluation in other Government bureaux, departments and non-Government organisations. Such consent shall survive the expiration or early termination of the Contract. 28.3 A Tenderer has the right to access and make correction with respect to personal data as provided for in sections 18 and 22 and Principle 6 of Schedule 1 of the Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong). The right of access includes the right to obtain a copy of the Tenderer’s personal data provided in the tender. 28.4 Enquiries concerning the personal data collected by means of the tender, including the making of access and corrections, should be addressed to the Departmental Personal Data Controlling Officer of the Leisure and Cultural Services Department. Terms of Tender Tender Ref.: LCT 6006/21(S) 29. Sheet 21 Disqualification of Tenders The Government reserves the right not to consider a tender that directly or indirectly attempts to preclude or limit the effect of any provisions of these Terms of Tender. 30. Complaints About Tendering Process or Contract Award The tendering process is subject to internal monitoring to ensure that contracts are awarded properly and fairly. Any Tenderer who feels that its tender has not been fairly evaluated may write to the Director of Leisure and Cultural Services who will examine the complaint and refer it to the approving authority/relevant tender boards for consideration if it relates to the tendering system or procedures followed. The Tenderer shall lodge the complaint before disposal of documents of the unsuccessful Tenderer(s) which shall be within three (3) months after the award of the Contract. 31. Exclusion Without prejudice to other provisions of these Tender Documents, the Government reserves the right to exclude a Tenderer for further consideration of the tender on grounds include - 32. (a) bankruptcy; (b) winding up; (c) false declaration on conviction; (d) insolvency; (e) significant or persistent deficiencies in performance of any substantive requirement or obligation under a prior contract or contracts; (f) conviction(s) under breach of any of its statutory obligations or contractual obligations under any comparable current or past contracts with the Government, including but not limited to, the seriousness and the number of breaches and relevancy to the offer or tender submitted; (g) final judgments in respect of serious crimes or other serious public offences; (h) professional misconduct or acts or omissions that adversely reflect on the commercial integrity of the Tenderer; or (i) failure to pay taxes. Environment Friendly Measures The following environment friendly measures are recommended in the preparation of the documents in relation to the tender (a) All documents should preferably be printed on both sides and on recycled papers. Paper exceeding 80 gsm is not recommended. (b) Excessive use of plastic laminates, glossy covers or double covers should be avoided as far as possible. Use of recyclable non-glossy art board paper as document covers is recommended. (c) Single line spacing should be used and excessive space in the margins and in between paragraphs should be avoided. Terms of Tender Tender Ref.: LCT 6006/21(S) 33. Sheet 22 New Information Relevant to Qualified Status A Tenderer should inform the Government in writing immediately of any factor which might affect its status as a service provider of the Government, or as a service provider for a particular service. The Government reserves the right to review the Tenderer’s status in the light of any new information relevant to its qualification. 34. Offering Gratuities The Tenderer shall not and shall ensure that its agent and employees shall not offer or give any advantage as defined in the Prevention of Bribery Ordinance (Cap. 201 of the Laws of Hong Kong) to any agent or employee of the Government. Any breach of or non-compliance with this clause by the Tenderer shall, without affecting the Tenderer’s liability for such breach or non-compliance, invalidate its tender, and if the Contract has been awarded to the Tenderer without knowing the breach, the Government shall be entitled to immediately terminate the Contract and claim for all losses and costs incurred. Terms of Tender Tender Ref.: LCT 6006/21(S) Sheet 23 Annex A Tender Evaluation Procedures, Assessment Criteria and Marking Scheme for the Provision of Stadia Floor Services to the Hong Kong Coliseum and the Queen Elizabeth Stadium of the Leisure and Cultural Services Department A two-envelope approach with a technical to price weighting of 50:50 will be adopted for tender evaluation whereby price assessment will be conducted separately and subsequent to technical assessment. All Tenders received will be assessed in the following manner. Stage 1 - Completeness Check 2. All Tenders received will be checked on whether all the documents and information required in Clause 5.7 of the Terms of Tender have been submitted. Failure to submit any of the documents and information in accordance with Clause 5.7 of the Terms of Tender on or before the Tender Closing Date or the Extended Tender Closing Date, as the case may be, will render a Tender invalid and will not be considered further. Stage 2 - Compliance with Essential Requirement 3. Tenders which have passed Stage 1 evaluation will be checked to ensure their compliance with the essential requirement as set out in Clause 10 of the Terms of Tender. A Tender which fails to meet the essential requirement will not be considered further. Tenders which have passed this Stage 2 assessment will proceed to Stage 3 assessment. Stage 3 - Technical Assessment 4. The maximum total technical marks are 100 and are divided into two sections: Section A on the assessment of the quality of the Execution Plan is allocated a maximum mark of 85 (Assessment Criterion 1 with an individual passing mark of 16); and Section B on the assessment of the experience of the Tenderer is allocated a maximum mark of 15. Any Tender which fails to obtain the passing mark of Assessment Criterion (1) in Section A will not be considered further. 5. Technical Marks will be given in accordance with the marking scheme below: Assessment Criteria Unit Maximum Passing Mark Mark Mark (M) Standard Score (S) (See Remark) 4 3 2 1 0 Marks Scored (M x S) Basis of Assessment Section A – Execution Plan 1 Management Plan 64 16 16 2 Innovative Suggestions 21 N.A. 7 N.A. 3.75 See Note 1 N.A. See Note 2 Section B – Experience of Tenderer 3 Experience of Tenderer 15 Total Technical Mark 100 Terms of Tender See Note 3 Tender Ref.: LCT 6006/21(S) Remarks: Sheet 24 A Tenderer’s proposal/experience in respect of the features mentioned in the assessment criteria above will be rated as follows: For Criteria 1 and 3 Standard score of 4, 3, 2, 1 or 0 will be awarded. For Criterion 2 Standard score of 3, 2, 1 or 0 will be awarded. 6. A Tender which has passed Stage 3 assessment shall be considered as a conforming Tender. A maximum weighted technical score of 50 will be allocated to the conforming Tender with the highest total technical mark, while the weighted technical score for other conforming Tenders will be calculated by the following formula: Weighted Technical Score = 50 X Total technical mark of the offer being considered which has obtained the passing mark in criterion 1 of the technical assessment The highest total technical mark among all offers which have obtained the passing mark in criterion 1 of the technical assessment [Note: Rounding Method: The weighted technical score of each Tender will be rounded to the nearest two (2) decimal places. Figures with the value 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 value at the third decimal place below 0.005 will be rounded down by curtailing the third decimal place onward without changing the value at the second decimal place. Examples of calculating the weighted technical score and the rounding arrangements are given as follows: Assuming there are three (3) conforming Tenders in the technical assessment; Tenderer A gains the highest total mark of 72; Tenderer B gains a total mark of 44; and Tenderer C gains a total mark of 34. The weighted technical scores of the three (3) Tenderers are: Tenderer A: 50 Tenderer B: 50 x 44/72 = 30.555; and Tenderer C: 50 x 34/72 = 23.611. After they have been rounded to the nearest two (2) decimal places, the weighted technical score of Tenderers A, B and C will become 50, 30.56 and 23.61 respectively.] Explanatory Notes for Stage 3 – Technical Assessment Note 1: Assessment Criterion (1) – Management Plan Tenderers are required to incorporate the information outlined in Clause 11 of the Terms of Tender into its proposed Management Plan and marks will be given in accordance with the following marking guidelines: Terms of Tender Tender Ref.: LCT 6006/21(S) Standard Score 4 3 2 1 0 Sheet 25 Description Proposed plan is practicable with detailed information covering all seven (7) listed aspects. Proposed plan is practicable with detailed information covering six (6) listed aspects. Proposed plan is practicable with detailed information covering five (5) listed aspects. Proposed plan is practicable with detailed information covering four (4) listed aspects. Proposed plan is impracticable; or with detailed information covering less than four (4) listed aspects. Remarks: (i): The listed aspects of the Management Plan are listed in Clause 11 of the Terms of Tender. (ii): Assessment on the Management Plan of the Tenderer will be solely based on information as stated by the Tenderer in its Tender on or before the Tender Closing Date or the Extended Tender Closing Date, as the case may be. In this connection, a Tenderer should submit the relevant information as required in the Contract Schedule 2 – Part A. Note 2: Assessment Criterion (2) – Innovative Suggestions Assessment of Innovative Suggestions Marks for innovation are assigned to effective and practicable innovative suggestions that are directly relevant to the services and can enhance service delivery. Innovative suggestions in each applicable component of the Management Plan will be assessed in comparison to how the Services are delivered under the existing contract or the conventional mode of service delivery adopted by the Government. Only innovative suggestion(s) that is/are considered effective and practicable in improving service delivery or operations will be given marks for innovation. Their improvements/benefits/positive values may be reflected in terms of (1) economical use of resources, e.g. electricity, water, paper; (2) saving of manpower resources; (3) higher operational efficiency / performance reliability; (4) shortening of gearing-up period; (5) better service quality; (6) improved or greater flexibility to adapt to operational changes. Marks for innovative suggestions will be given in accordance with the following marking guidelines: Standard Score 3 2 1 0 Description The proposed Management Plan contains three (3) or more effective and practicable innovative suggestions. The proposed Management Plan contains two (2) effective and practicable innovative suggestions. The proposed Management Plan contains one (1) effective and practicable innovative suggestion. The proposed Management Plan does not contain any effective and practicable innovative suggestion. Terms of Tender Tender Ref.: LCT 6006/21(S) Sheet 26 Remarks: (i): Tenderers shall highlight the proposed innovative suggestion(s) with all of the following details: (a) sufficient details on what improvements/ benefits/positive values, including items (1) to (6) above, to which their proposed innovative suggestion(s) can bring about; and (b) how they are to be implemented, in their submissions to facilitate tender evaluation. (ii): 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; 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. (iii): Tenderers may be requested to provide supporting documents or a demonstration to prove the effectiveness and practicability of their innovative suggestions. All proposed innovative suggestions will be assessed on the basis of the information provided in the tender submissions and factual supporting documents (e.g. test reports/certificates) provided by the Tenderers upon request by the Government. The demonstration (if any) will not be taken into account in marking. It only serves as a means to enable members of the Tender Assessment Panel to have a better understanding of the innovative suggestions proposed by the Tenderers. During the demonstration, Tenderers are also not allowed to provide additional information not contained in their original tender submissions. (iv): Tenderers should only propose practicable innovative suggestions that they would be capable of and responsible for implementation. Marks will not be given to any innovative suggestion which (a) a Tenderer will neither be capable of nor responsible for implementation; (b) the provisions or requirements that have already been set out in the Tender Documents/Contract; (c) additional cost would be incurred to the Government for the implementation; or (d) detailed information is not provided on the practicability and effectiveness. (v): The successful Tenderer shall be responsible for the implementation of the innovative suggestions and facilitate the Government’s monitoring and inspection of the innovative suggestions without additional cost to the Government. Terms of Tender Tender Ref.: LCT 6006/21(S) Sheet 27 (vi): All practicable innovative suggestions accepted by the Government shall form part of the Contract. Note 3: Assessment Criterion (3) – Experience of Tenderer For the experience of the Tenderer, marks will be given in accordance with the following marking guidelines: Standard Score 4 Description A Tenderer has completed more than twenty (20) no. of EventsNotes (i)&(ii) for the provision of Floor ServicesNote (iii) to Multi-purpose Venue(s)Note (iv) during the past five (5) years prior to the Tender Closing Date and are supported with documentary proof Note (v). 3 A Tenderer has completed sixteen (16) to twenty (20) no. of EventsNotes (i)&(ii) for the provision of Floor ServicesNote (iii) to Multi-purpose Venue(s)Note (iv) during the past five (5) years prior to the Tender Closing Date and are supported with documentary proof Note (v). 2 A Tenderer has completed eleven (11) to fifteen (15) no. of EventsNotes (i)&(ii) for the provision of Floor ServicesNote (iii) to Multi-purpose Venue(s)Note (iv) during the past five (5) years prior to the Tender Closing Date and are supported with documentary proof Note (v). 1 A Tenderer has completed six (6) to ten (10) no. of EventsNotes (i)&(ii) for the provision of Floor ServicesNote (iii) to Multi-purpose Venue(s)Note (iv) during the past five (5) years prior to the Tender Closing Date and are supported with documentary proof Note (v). 0 A Tenderer has completed less than six (6) no. of EventsNotes (i)&(ii) for the provision of Floor ServicesNote (iii) to Multi-purpose Venue(s)Note (iv) during the past five (5) years prior to the Tender Closing Date; or failed to provide valid documentary proof Note (v) to substantiate its claim of experience. Note (i): For the purpose of evaluation, events include but not limited to sports events (such as basketball, volleyball, badminton, table tennis, martial arts, gymnastic/floor exercises, taichi or others), entertainment programmes (such as variety shows, pop concerts, dance, drama, music, opera, music theatre or others) or other functions (such as assembly, conference, lecture, graduation ceremony or others). Note (ii): For each completed Event quoted as proof of experience, it shall be held in a Multi-purpose Venue and has a total seating capacity of not less than 1,000. For those events that are under performing and the whole event will only be completed after the Tender Closing Date, they will not be counted as valid proof of experience. Terms of Tender Tender Ref.: LCT 6006/21(S) Sheet 28 Note (iii): Floor Services refer to the provision of services for setting up, dismantling and operation of (i) Sports Equipment and/or Arena Seating Platforms/Systems/Configurations for the Events; or (ii) Stage Equipment and/or Arena Seating Platforms/Systems/Configurations for the Events. The Events herewith has the meaning given in Note (i) above. Note (iv): Multi-purpose Venue refers to indoor or outdoor venue with an arena floor and spectator stands for staging sports events, entertainment programmes or other functions; and has a total seating capacity of not less than 1,000. Note (v): A Tenderer shall provide documentary proof such as a copy of contract, client reference letter, letter of acceptance, certificate of completion, clearly showing the event description, the event commencement and completion dates and the scopes of services to substantiate its claim on the past experience. Tenderers can supplement their experience by providing service orders, list of equipment in use, photos of the events to substantiate the claimed experience. Documentary proof for the relevant claimed experience must be provided by the Tenderer by the Tender Closing Date or the Extended Tender Closing Date or within a time frame as specified by the Government. Otherwise, the relevant claimed past experience will not be taken into account. Note (vi): Assessment on the experience of Tenderer under this assessment criterion will be solely based on the information on the Tenderer’s past experience as stated by the Tenderer in its Tender by the Tender Closing Date or the Extended Tender Closing Date, as the case may be. In this connection, a Tenderer should submit with its Tender information on its past experience as required in Annex C to the Terms of Tender. The experience of Tenderer will be counted on the number of completed events. For the purpose of tender evaluation, the relevant experience (i.e. no. of events) in the provision of Floor Services could be gained under the same contract or different contracts. Tenderer’s experience under different events will also be counted if the periods were overlapped. For example, a Tenderer’s experience will be counted as having completed three (3) events if it had completed Floor Services for three (3) separate events covering the periods of (a) 1.1.2020 – 31.1.2020; (b) 15.1.2020 – 20.1.2020; and (c) 1.4.2021 – 10.4.2021. Remark: If the Tenderer is a partnership, only the experience gained by the partnership, but not the individual experience of the participants to the partnership, will be counted. Terms of Tender Tender Ref.: LCT 6006/21(S) Sheet 29 Stage 4 – Price Assessment 7. Failure to submit a Price Proposal in the form of Contract Schedule 1 with price information duly completed will render a Tender invalid and will not be considered further. The Price Assessment is based on the tender price of the Tenders which have passed Stage 3 assessment. 8. A maximum weighted price score of 50 will be allocated to the conforming Tender with the lowest tender price, while the weighted price score for other conforming Tenders will be calculated by the following formula: Weighted Price Score = 50 X The lowest tender price among all the conforming Tenders Tender price of the conforming Tender being assessed [Note: The weighted price score of each Tender will be rounded to the nearest two (2) decimal places according to the rounding method as shown in the Note under Paragraph 6 above.] Stage 5 – Calculation of Combined Score 9. The combined score of a conforming Tender will be determined by the following formula: Weighted Technical Score + Weighted Price Score 10. Tender with the highest combined score will normally be recommended for acceptance subject to the requirement that the Government is satisfied that the recommended Tenderer is fully (including technically, commercially and financially) capable of undertaking the Contract and is the most advantageous to the Government. If two or more Tenders obtain the same highest combined score, the Tender which obtains the highest weighted technical score will be recommended for acceptance. Terms of Tender Tender Ref.: LCT 6006/21(S) Sheet 30 Working Background and Status of the Tenderer < To be Inserted into Envelope B – Technical Information > Annex B A Tenderer is required to provide the following information 1. 2. Information of the Tenderer (a) Name of the Tenderer (in English and Chinese), the address of its registered office and its telephone number; (b) Length of business experience; (c) Shareholders of the company/business organisation; (d) Names and residential addresses of its directors; (e) A copy of the current Articles of Association, Certificate of Incorporation, Annual Return and other documents to show nature of business status; (f) A photocopy of the current Business Registration Certificate. The certificate should bear a machine-printed line to show that full registration fee has been effected; and (g) A letter certifying the person who signs this tender is an authorised person to sign contracts/agreements on behalf of the Tenderer. Contract Deposit If the tender is accepted, (a) we *are / are not capable of arranging 5% (after having failed the financial assessment if the Estimated Contract Value exceeds HK$15,000,000) or 2% (if the Estimated Contract Value exceeds HK$1,400,000 but not more than HK$15,000,000; or after having passed the financial assessment if the Estimated Contract Value exceeds HK$15,000,000) of the Estimated Contract Value in accordance with clause 16.3 or 16.4 of the Terms of Tender. * Delete whichever is inapplicable (b) we shall elect, pursuant to clause 16 of the Terms of Tender to deposit with the Government, not later than twenty-one (21) days after the date of the facsimile or letter of acceptance referred to in clause 14 of the Terms of Tender or at such other time as shall be directed by the Government, a sum stated in clause 16.3 or 16.4 of the Terms of Tender as security for the due and faithful performance of the Contract *(i) in cash, or *(ii) in the form of a performance bond in accordance with clause 16.5 of the Terms of Tender. * Delete as appropriate. In the event that a Tenderer fails to elect the method of providing a Contract Deposit it prefers in para. 2(b) above, it will be assumed that the Tenderer will deposit cash with the Government. Name of Tenderer Terms of Tender : Tender Ref.: LCT 6006/21(S) 3. Sheet 31 Statement of Compliance A Tenderer is requested to confirm whether its offer for the respective Group(s) submitted comply with the required Service Specifications by completing the following statement Group A : Our / My offer *does / does not comply with the Service Specifications. Group B : Our / My offer *does / does not comply with the Service Specifications. * Delete whichever is inapplicable 4. Details of Bank Account for Payment The attention of the Tenderer is drawn to the contents of clause 17.2 of the Conditions of Contract which stipulates that, unless otherwise specified and agreed, payment will be made to the Contractor's bank account. A Tenderer is requested to provide the following information for payment - 5. (a) Banker's Name: (b) Banker's Address: (c) Account Holder’s Name: (d) Bank Account No.: Innovative Suggestions (Refer to Note 2 of Annex A to the Terms of Tender) Please put a tick (“√”) in the following box if innovative suggestions are proposed. (Tenderers shall highlight the proposed innovative suggestions and explain clearly what benefits/positive values, including items as required in Note 2 of Annex A to the Terms of Tender, their proposed innovative suggestions can bring about in their submissions to facilitate tender evaluation. All proposed innovative suggestions will be assessed on the basis of the information provided in the tender submissions and factual supporting documents (e.g. test reports/certificates) provided by the Tenderers. The demonstration (if any) will not be taken into account in marking. It only serves as a means to enable members of the Tender Assessment Panel to have a better understanding of the innovative suggestions proposed by the Tenderers. During the demonstration, Tenderers are also not allowed to provide additional information not contained in their original tender submissions. All practicable innovative suggestions accepted by the Government shall form part of the Contract.) □ There are innovative suggestions in applicable component of the Management Plan, the proposed innovative suggestions have been highlighted and explained clearly with benefits/positive values. Name of Tenderer Terms of Tender : Tender Ref.: LCT 6006/21(S) 6. Sheet 32 Enquiries In the event of any queries relating to my/our offer or tender, please contact Name :___________________________________________________________ Telephone No. :____________________________________________________ Fax No. :__________________________________________________________ Name of Tenderer Terms of Tender : Tender Ref.: LCT 6006/21(S) Sheet 33 Annex C Experience of the Tenderer < To be Inserted into Envelope B - Technical Information > The experience of the Tenderer is one of the Assessment Criteria for the Technical Assessment of the Tender. The evaluation of the Tenderer’s experience will be solely based on information as stated by the Tenderer in this Annex C by the Tender Closing Date or the Extended Tender Closing Date, as the case may be. In this connection, a Tenderer should submit with its tender information on its relevant past experience as required in this Annex C for the Technical Assessment of the Tender. Documentary proof, e.g. copy of contract, client reference letter, letter of acceptance, certificate of completion, clearly showing the event description, the event commencement and completion dates and the scopes of services must be provided by the Tenderer to substantiate its claim on the past experience. Otherwise, the relevant claimed past experience will not be taken into account. For details, please refer to the Tender Evaluation Procedures, Assessment Criteria and Marking Scheme at Annex A to the Terms of Tender. Name & Description of Event Venue and Total Seating Capacity of Event Event Period (with Commencement and Completion dates) Description of Floor Services provided for the Event 1. 2. 3. 4. 5. Notes: - Floor Services refer to the provision of services for setting up, dismantling and operation of (i) Sports Equipment and/or Arena Seating Platforms/Systems/Configurations for the Events; or (ii) Stage Equipment and/or Arena Seating Platforms/Systems/Configurations for the Events. - Please use separate sheet of paper, if required. Each additional paper should be duly signed by authorised person(s). - A Tenderer is requested to insert the word “NIL” in the table above if it does not have any relevant past experience. Name of Tenderer Terms of Tender : Tender Ref.: LCT 6006/21(S) NON-COLLUSIVE TENDERING CERTIFICATE (To be inserted into Envelope B - Technical Information) Sheet 34 Annex D To: the Government Dear Sir/ Madam, Non-collusive Tendering Certificate 1. (name of the Tenderer) I/We, (address(es) of the Tenderer(s)) of refer to the Government’s invitation to tender for the Contract (“Invitation to Tender”) and my/our Tender in response to the Invitation to Tender. Non-collusion 2. I/We represent and warrant that in relation to the Invitation to Tender: (a) My/Our Tender was prepared genuinely, independently and made with the intention to accept the Contract if awarded; (b) My/Our Tender was not prepared with any agreement, arrangement, communication, understanding, promise or undertaking with any person (including any other Tenderer or competitor) regarding: i) prices; ii) methods, factors or formulas used to calculate prices; iii) an intention or decision to submit, or not submit, any Tender; iv) an intention or decision to withdraw any Tender; v) the submission of any Tender that does not conform with the requirements of the Invitation to Tender; vi) the quality, quantity, specifications or delivery particulars of the products or services to which the Invitation to Tender relates; and vii) the terms of my/our Tender, and I/we undertake that I/we will not, whether before or after the award of the Contract, enter into or engage in any of the foregoing. Terms of Tender Tender Ref.: LCT 6006/21(S) Sheet 35 NON-COLLUSIVE TENDERING CERTIFICATE (To be Inserted into Envelope B - Technical Information) 3. Paragraph 2(b) of this certificate shall not apply to agreements, arrangements, communications, understandings, promises or undertakings with: (a) the Government; (b) a joint venture partner with which I/we have submitted my/our Tender, and such joint venture arrangement has already been notified to the Government in my/our Tender; (c) my/our consultants or sub-contractors, provided that the communications are held in strict confidence and limited to the information required to facilitate that particular consultancy arrangement or sub-contract; (d) my/our professional advisers, provided that the communications are held in strict confidence and limited to the information required for the adviser to render their professional advice in relation to my/our Tender; (e) insurers or brokers for the purpose of obtaining an insurance quote, provided that the communications are held in strict confidence and limited to the information required to facilitate that particular insurance arrangement; (f) banks for the purpose of obtaining financing for the Contract, provided that the communications are held in strict confidence and limited to the information required to facilitate that financing; and (g) any person other than the Government, provided that the Government has given prior written consent. Disclosure of subcontracting 4. Without prejudice to other requirements set out in the Tender Documents concerning sub-contracting arrangement, in particular, the requirement to seek the Government’s prior written approval before sub-contracting, I/We understand that I/we are required to disclose all proposed sub-contracting arrangements for the Contract to the Government in my/our Tender, including those which will be entered into after the Contract is awarded. I/We warrant that I/we have duly disclosed and will continue to disclose such arrangements to the Government. Consequences of breach or non-compliance 5. I/We understand that in the event of any breach or non-compliance with any representations, warranties and/or undertakings in this certificate or in clause 22.1 of the Terms of Tender, the Government may exercise any of the rights under clauses 22.3 to 22.5 of the Terms of Tender in addition to and without prejudice to any other rights or remedies available to it against me/us. Terms of Tender Tender Ref.: LCT 6006/21(S) Sheet 36 NON-COLLUSIVE TENDERING CERTIFICATE (To be Inserted into Envelope B - Technical Information) 6. Under the Competition Ordinance (Chapter 619 of the Laws of Hong Kong), bid-rigging is serious anti-competitive conduct. I/We understand that the Government may, at its discretion, report all suspected instances of bid-rigging to the Competition Commission (the “Commission”) and provide the Commission with any relevant information, including but not limited to information on my/our Tender and my/our personal information. Signed by the Tenderer / Signed by an authorised signatory for and on behalf of the Tenderer : Name of the authorised signatory (where applicable) : Title of the authorised signatory (where applicable) : Date : Terms of Tender Tender Ref.: LCT 6006/21(S) Sheet 37 Appendix A Requirements of the Financial Information to be Submitted upon Request (a) Audited financial statements (including statement of financial position, statement of profit and loss and other comprehensive income, etc.) of the tenderer, and the audited consolidated financial statements of the group if the tenderer is a subsidiary of another company, for the past three (3) financial years prior to the tender submission date. The latest financial statements must be for a period ending no more than eighteen (18) months before the tender submission date. The financial statements shall be prepared on the same basis for each year in accordance with the accounting principles generally accepted in the Hong Kong Special Administrative Region or accounting standards issued by the Hong Kong Institute of Certified Public Accountants and the disclosure requirements of the Companies Ordinance; (b) Unaudited / management accounts covering the period between the latest set of audited financial statements and up to a date ending not more than three (3) months before the tender submission date; (c) Projected statement of profit and loss and other comprehensive income and statement of cash flows of the contract for each contract year and pre-operating period (if applicable), and if necessary, of the company during the Service Period, showing the revenue, operating expenses, capital expenditure including the initial investments and the source of finance; and (d) Further financial information that is considered necessary and relevant upon request by the Government. Remarks : Copies of audited financial statements submitted under paragraph (a) should be certified by auditors and all documents under paragraphs (b) to (d) above shall be certified by auditors or directors of the company. Terms of Tender Tender Ref.: LCT 6006/21(S) Sheet 38 Appendix B Form of Performance Bond THIS GUARANTEE is made on the ….… day of …….. 20…… BETWEEN ………………………………………………………………………………………………… of ……………………………………….., a bank within a meaning of the Banking Ordinance Cap. 155 of the laws of Hong Kong/an insurer authorised under the Insurance Companies Ordinance Cap. 41 of the laws of Hong Kong ∗ (hereinafter called the “Guarantor") of the one part and The Government of Hong Kong (hereinafter called the “Government") of the other part. WHEREAS (A) By a contract (hereinafter called the “Contract") dated the ……… day of …… 20 ……. made between ……………………………………..………………………………….. of …………………………………………………………………………………………………………… ………………………………………………………………………………………………………………… (hereinafter called the “Contractor") of the one part and the Government of the other part (designated as Leisure and Cultural Services Department Contract No. ………. of 20 …………………..), the Contractor agreed and undertook to supply /provide……………………………………………………………………………………………………… ……………………………………. upon the terms and conditions of the Contract. (B) The Guarantor has agreed to guarantee in the manner and on the terms and conditions hereinafter appearing, the due and faithful performance of the Contract by the Contractor. Now the Guarantor HEREBY AGREES with the Government as follows (1) Where applicable, words and expressions used in this Guarantee shall have the meaning assigned to them under the Contract. (2) In consideration of the Government entering into the Contract with the Contractor(a) The Guarantor hereby irrevocably and unconditionally guarantees the due and punctual performance and discharge by the Contractor of all of his, her and their obligations and liabilities under the Contract and the Guarantor shall pay to the Government on demand and without cavil or argument all monies and discharge all liabilities which are now or at any time hereafter shall become due or owing by the Contractor to or in favour of the Government under or in connection with the Contract together with all costs, charges and expenses on a full indemnity basis which may be incurred by the Government by reason or in consequence of any default on the part of the Contractor in performing or observing any of the obligations terms conditions stipulations or provisions of the Contract. (b) The Guarantor, as a principal obligor and as a separate and independent obligation and liability from its obligations and liabilities under sub-clause ∗ Please delete as appropriate. Terms of Tender Tender Ref.: LCT 6006/21(S) Sheet 39 (a) above, irrevocably and unconditionally agrees to indemnify and keep indemnified the Government against and shall pay to the Government on demand and without cavil or argument all losses, damages, costs, charges and expenses on a full indemnity basis suffered or incurred by the Government arising from or in connection with the failure of the Contractor to perform fully or promptly any of his, her or their obligations terms conditions stipulations or provisions of the Contract. (c) The Guarantor further agrees that all dividends, compositions and payments which the Government may at any time receive from the Contractor or from his, her or their estate or estates, whether in liquidation, bankruptcy or otherwise, in respect of such all losses damages costs charges expenses shall be taken and applied by the Government as payments in gross, and that this Guarantee shall stand good in respect of the balance to the full amount of HK$……………………………. (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 in its constitution. (4) The Guarantor shall not be discharged or released from this Guarantee by any arrangement made between the Government and the Contractor or by any alteration in the obligations imposed upon the Contractor by the Contract or by any waiver or forbearance granted by the Government to the Contractor as to payment, time, performance or otherwise whether or not such arrangement, alteration, waiver or forbearance may have been or is made or granted with or without knowledge or assent of the Guarantor. (5) Without prejudice to Clause 4 above, the obligations of the Guarantor under this Guarantee shall remain in full force and effect and shall not be affected or discharged in any way by, and the Guarantor hereby waives notice of or assent to (a) any suspension, termination, amendment, variation, novation or supplement of or to the Contract from time to time (including without limitation extension of time for performance); (b) any provision of the Contract being or becoming illegal, invalid, void, voidable or unenforceable; (c) the termination of the Contract or of the engagement of the Contractor under the Contract for any reason; (d) any forbearance, variation, extension, discharge, compromise, dealing with, exchange, waiver or renewal in respect of any right of action or remedy that the Government may have, now or after the day of this Guarantee, against the Contractor and/or the negligence, failure, omission, indulgence or delay by the Government in enforcing any right, power, privilege to or remedy available to the Government in relation to the obligations of the Contractor set out in the Contract; Terms of Tender Tender Ref.: LCT 6006/21(S) Sheet 40 (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 of the Contractor; (f) any assignment, novation or sub-contracting by the Contractor of any or all of its obligations set out in the Contract; (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 the express release of its obligations. (6) This Guarantee shall extend to any variation, novation of or amendment to the Contract and to any agreement supplemental thereto agreed between the Government and the Contractor and for the avoidance of doubt, the Guarantor hereby authorizes the Government and the Contractor to make any such amendment, variation, novation or supplemental agreement without its notice or assent. (7) This Guarantee shall have immediate effect upon execution and is a continuing security. This Guarantee shall cover all of the obligations and liabilities of the Contractor under the Contract and shall remain in full force and effect and irrevocable until(a) the date falling three (3) months after the expiry of the Service Period; or (b) the date on which all the obligations and liabilities of the Contractor under the Contract have been duly carried out, completed and discharged in accordance with the Contract, whichever is the later. (8) This Guarantee is in addition to and shall not merge with or otherwise prejudice or affect any contractual or other right or remedy or any guarantee, indemnity, lien, pledge, bill, note, charge or any other security which the Government may at any time hold (collectively “Other Security”) and this Guarantee may be enforced by the Government without first having recourse to any of the Other Security or taking any steps or proceedings against the Contractor, and notwithstanding any release, waiver or invalidity of the Other Security. (9) Any demand, notification or certificate given by the Government specifying amounts due and payable under or in connection with any of the provisions of this Guarantee shall be conclusive and binding on the Guarantor. (10) The obligations expressed to be undertaken by the Guarantor under this Guarantee are those of primary obligor and not as a surety. (11) This Guarantee shall be governed by and construed according to the laws for the time being in force in the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”) and the Guarantor agrees to submit to the exclusive jurisdiction of the Courts of Hong Kong. Terms of Tender Tender Ref.: LCT 6006/21(S) (12) Sheet 41 All documents arising out of or in connection with this Guarantee shall be served (a) upon the Government, at the Leisure and Cultural Services Department of 9/F Pai Tau Street, LCS Headquarters, Shatin, New Territories, marked for Director of Leisure and Cultural Services (Attn: Principal Supplies Officer), facsimile number (852) 2684 9634; (b) upon the Guarantor, at attention of , Hong Kong, marked for the , facsimile number . (13) Documents to be served under this Guarantee shall be deemed to have been duly served by one party if sent by letter or fax addressed to the other party at the address stated above or to the facsimile number set out above. The documents so served shall be effective (a) on the date of delivery if hand-delivered; (b) on the date of transmission if sent by facsimile; 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) exceed The aggregate amount of the Guarantor's liability under this Guarantee shall not . IN WITNESS whereof the said Guarantor ……………………….has caused its Common Seal to be hereunto affixed the day and year first above written. @ @ The Common Seal of the said Guarantor was hereunto affixed in the presence of ……………….. …………………………………… ) ) ) ) ) Signed Sealed and Delivered for and on behalf of and as lawful attorney of the Guarantor under power of attorney date …….. and deed of delegation dated ………………………….. by …………………………….. and in the presence of………… ……………………………….. ) ) ) ) ) ) ) ) ) ) ) See Powers of Attorney Ordinance Cap. 31 of the laws of Hong Kong Note : When performance bonds are executed under power of attorney, a photocopy of the power of attorney, certified on each page by a Hong Kong solicitor that it is a true and complete copy of the original must be submitted. Terms of Tender Tender Ref.: LCT 6006/21(S) Sheet 42 PART 2 CONDITIONS OF CONTRACT Contents Sheet 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. Service Period ............................................................................................................................. 44 Service of Work .......................................................................................................................... 44 Commencement of Work ............................................................................................................ 45 Rate of Progress .......................................................................................................................... 45 Employment of Staff and Manner of Superintendence ............................................................... 46 Meeting ....................................................................................................................................... 46 Time for Completion................................................................................................................... 47 Extension of Time for Completion ............................................................................................. 47 Nature of Work ........................................................................................................................... 47 Liaison with Government Representative ................................................................................... 47 Cancellation of Services.............................................................................................................. 47 Contractor's Officer-in-charge .................................................................................................... 47 Certified Bill/Service Order not to Constitute Approval of Work .............................................. 48 Accuracy of the Equipment Schedule ......................................................................................... 48 Supply of Equipment, Materials and Labour .............................................................................. 48 Personnel Records ....................................................................................................................... 48 Payment for Services................................................................................................................... 49 Monthly Order Statement............................................................................................................ 49 Contract Deposit ......................................................................................................................... 49 Termination ................................................................................................................................. 50 Effect of Termination .................................................................................................................. 51 Access to Venue and Places of Manufacture .............................................................................. 52 Order for Variation...................................................................................................................... 52 Valuation of Variation ................................................................................................................ 52 Government's Obligation ............................................................................................................ 53 Use of Tools and Equipment....................................................................................................... 53 Site Cleanliness ........................................................................................................................... 53 28. 29. 30. 31. 32. 33. 34. 35. Uniform ....................................................................................................................................... 54 Photographs................................................................................................................................. 54 Deduction of Payment ................................................................................................................. 54 Default in Performance ............................................................................................................... 54 Compliance with Ordinances ...................................................................................................... 55 Order of Executing the Services ................................................................................................. 57 Particulars to be Furnished.......................................................................................................... 57 Contractor's Acknowledgment .................................................................................................... 57 Conditions of Contract Tender Ref.: LCT 6006/21(S) 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. Sheet 43 Contractor's Warranties and Undertakings ................................................................................. 58 Use of Government's Premises and Facilities ............................................................................. 58 Contractor's Employees or Agents .............................................................................................. 58 Contractor's Personnel ................................................................................................................ 59 Monies or Valuables found by the Contractor's Employees ....................................................... 59 Notice to be written in both English and Chinese....................................................................... 59 Passes .......................................................................................................................................... 60 Service of Notice......................................................................................................................... 60 Waiver of Remedies .................................................................................................................... 60 Applicability of Public Health and Municipal Services Ordinance ............................................ 60 Confidentiality ............................................................................................................................ 61 Entire Agreement ........................................................................................................................ 61 Severability ................................................................................................................................. 61 Restrictions on the Sale of Commodity ...................................................................................... 62 Sub-contracting ........................................................................................................................... 62 Information Used Not to be Divulged......................................................................................... 62 Public Liability Insurance ........................................................................................................... 62 Accident to the Contractor's Employees ..................................................................................... 63 Acceptance of Services ............................................................................................................... 64 Giving of Notice and Payment of Fees ....................................................................................... 64 Nature of Services ....................................................................................................................... 64 Liability and Indemnity ............................................................................................................... 65 Inspection and Rejection ............................................................................................................. 66 Force Majeure ............................................................................................................................. 66 Matters in which the Decision of the Government is Final ........................................................ 67 Probity ......................................................................................................................................... 67 Conflict of Interest ...................................................................................................................... 68 Contract (Right of Third Parties) Ordinance............................................................................... 69 Non-Exclusion Contract.............................................................................................................. 69 Order of Precedence .................................................................................................................... 69 Conditions of Contract Tender Ref.: LCT 6006/21(S) Sheet 44 PART 2 CONDITIONS OF CONTRACT Unless the context otherwise requires, in these Conditions of Contract, words and expressions defined in the Interpretation section of the Tender Documents but not otherwise defined in these Conditions of Contract shall have the same meaning when used herein. Clauses 2 and 3 of the Interpretation section shall apply to the construction of these Conditions of Contract. 1. Service Period 1.1 The Contractor shall provide the Services to the Government for a period of thirty-six (36) months commencing on 1 April 2022 and expiring on 31 March 2025, both dates inclusive, subject to clause 1.2 and to any provision for sooner termination or extension of the Contract as is provided for in the Contract. 1.2 The Government may, on giving the Contractor a 7-day advance written notice before 31 March 2022, postpone or advance the Commencement Date of the Service Period to a date specified by the Government in the notice. 1.3 The Government shall have the option to extend the Service Period for further period(s) of not more than twelve (12) months in aggregate. The Government shall be entitled to exercise such option, not less than fourteen (14) days prior to the expiry of the Service Period, by giving the Contractor a written notice to that effect specifying in such notice the period of extension whereupon the Service Period shall be deemed to be so extended on and subject to the same terms and conditions set out in the Contract. 1.4 If the initial period of extension is less than twelve (12) months, the Government shall have the option, (without limitation on the number of times that this option may be exercised), on giving the Contractors fourteen (14) day's notice prior to the expiry of the Service Period as last extended as the case may be, to make further extensions to these period(s) subject always to the maximum aggregate period of extension specified in Clause 1.3. 2. Service of Work 2.1 In consideration of the payments to be made by the Government Representative under the Contract, the Contractor shall during the Service Period (a) upon request made with a minimum of two (2) days advance notice, provide sufficient workmen and Site Leader(s) including Officer-in-charge(s), all with sufficient relevant experience to prepare and lay out the equipment and all seating for scheduled rehearsals and performances in the Venue or to transport equipment in accordance with the requirements specified in such Service Order(s), to the satisfaction of the Government Representative; (b) execute the Services specified for the appropriate time period, provided that if a Service Order requires the Services to be provided in two (2) or more time periods, an appropriate apportionment shall be made; (c) upon request for on-site Standby Workmen and/or Site Leader(s) made with a minimum of twenty-four (24) hours advance notice, provide the specified number of Standby Workmen and/or Site Leader(s). There shall be payable in respect of each Standby Workman and each Site Leader provided by the Contractor the appropriate sum for a Conditions of Contract Tender Ref.: LCT 6006/21(S) Sheet 45 minimum of 2 man-hours for each Service Order at the hourly rate as specified in the Contract Schedule 1 together with the appropriate hourly rate therein specified for each hour or part of an hour beyond 2 man-hours for which the Standby Workman and/or Site Leader(s) is required. If the Services of such Standby Workman and/or Site Leader(s) are supplied during two (2) or more time periods, an appropriate apportionment shall be made; and (d) promptly confirm in writing all Service Orders given in writing or if given verbally. 2.2 The Contractor shall, subject to clause 25 (Government’s Obligation) of the Conditions of Contract hereof, accept every Service Order issued to it in accordance with the provisions in the sub-clause above and fulfill the requirements of Services within the period of time specified in the Service Order. Services to be carried out by the Contractor shall include but not limited to those Services stipulated thereof in clauses 2.1(a) to (d) above and the duties described below. 2.3 Such Service Order shall include but not limited to (a) moving the specified equipment from the nearby storerooms within the premises to the Venue to be specified in the Service Order and set up/arrange them in accordance with the operation procedures, positioning/layout as per written/on-site instructions given by the Government Representative. In the case where the equipment are stored outside the premises, the cost of transportation of the equipment shall be paid at the rates specified under "Additional Transportation Cost" of the Contract Schedule 1; and (b) dismantling and moving the set of equipment back to the storerooms in accordance with the operation procedures and instructions given in writing/on-site by the Government Representative. The equipment shall be placed in their original order or arrangement unless otherwise specified by the Government Representative. 2.4 If the Contractor is awarded with more than one (1) Group for the provision of Services, the Contractor shall be required to carry out the Service Orders issued to it in accordance with the provisions in the sub-clause 2.1 above simultaneously at the Hong Kong Coliseum and the Queen Elizabeth Stadium. 3. Commencement of Work The Contractor shall commence the Services on site within the date of commencement stated in the Service Order in writing to this effect from the Government Representative and shall proceed with the same with due expedition and without delay except as may be expressly sanctioned or ordered by the Government Representative or be wholly beyond the control of the Contractor. The Contractor shall not commence the Services without such order in writing. 4. Rate of Progress 4.1 The whole of the tools, equipment and labour to be provided by the Contractor shall be in accordance with the Services requirements and the mode, manner and speed of execution and maintenance of the Services shall be performed to the satisfaction of the Government Representative. 4.2 Should the rate of progress of the Services or any part thereof be at any time in the opinion of Conditions of Contract Tender Ref.: LCT 6006/21(S) Sheet 46 the Government Representative too slow to ensure the completion of the Services or any part thereof by the prescribed time or extended time for completion, the Government Representative, shall so notify the Contractor in writing and the Contractor shall thereupon take such steps as the Contractor may think necessary and the Government Representative may approve to expedite progress so as to complete the Services by the prescribed time or extended time for completion. 5. Employment of Staff and Manner of Superintendence 5.1 The Contractor shall provide and employ on the site in connection with the execution and maintenance of the Services (a) only such Standby Workmen and Site Leader(s) as are skilled and experienced in their respective callings, Officer-in-charge as are competent to give proper supervision to the Services they are required to supervise; and (b) such skilled, semi-skilled and unskilled labour who is physically capable of executing and maintaining the Services properly and timely, with skilled labour forms at least half of the labour executing the Services. Whenever required and directed by the Government Representative, such labour shall attend a strength test and/or an eyesight test for accessing their physique and suitability in carrying out the Services. 5.2 The Contractor shall give or provide such superintendence during the execution of the Services as the Government Representative may consider necessary for the proper fulfillment of the Contractor's obligations under the Contract. 5.3 The Government Representative shall be at liberty to object to and require the Contractor to remove forthwith from the Services any person employed by the Contractor, in the opinion of the Government Representative, misconducts himself or is incompetent or negligent in the proper performance of his duties or whose employment is otherwise considered by the Government Representative to be undesirable and such person shall not be again employed upon the Services the written permission of the Government Representative. 5.4 Any person so removed from the Venue shall be replaced as soon as possible by a competent substitute approved by the Government Representative. 5.5 The Site Leader as proposed (and accepted by the Government) for the relevant Group(s) will be contractually binding in terms of experience throughout the Service Period; and the replacement, if any, should be on par with or better than the binding offer. 6. Meeting The Contractor shall attend or be appropriately represented by its staff at all meetings convened by the Government Representative to which they may be summoned and shall advise and assist the Government Representative on all matters relating to the provision of Services under this Contract at no extra cost. If the Contractor’s representative is unavailable, the Contractor must provide justification and assign another staff who has the full authority to make all necessary decision on behalf of the Contractor regarding the provision of the Services. Conditions of Contract Tender Ref.: LCT 6006/21(S) 7. Sheet 47 Time for Completion Unless otherwise specified or required by the Government Representative, the Contractor shall execute and complete the Services in the manner specified and within the period stipulated in the Service Specifications subject nevertheless to the provision for extension of time contained in clause 8 hereof. 8. Extension of Time for Completion 8.1 Should the amount of extra or additional Services of any kind or other special circumstances of any kind whatsoever which may occur be such as fairly to entitle the Contractor to an extension of time for the completion of the Services, the Government Representative shall determine the amount of such extension. 8.2 Every variation in time for completion of the Services shall be by order in writing of the Government Representative. 9. Nature of Work 9.1 The Contractor shall be deemed, so far as is practicable, to have made itself thoroughly conversant with all aspects of the Contract including the nature and quality of Services and materials which may be ordered, the layout of the premises, any necessary storage accommodation and transport requirements and in general to have itself obtained all necessary information of any circumstances which may influence or affect this Contract. 9.2 The Government Representative does not guarantee the accuracy of any statement of fact made herein or shown hereon or of any other information supplied to the Contractor by or on behalf of the Government Representative or otherwise. 10. Liaison with Government Representative The Contractor shall have (during the Service Period) an Officer-in-charge as specified in clause 12 of this part to supervise the execution of the Services and to liaise with the Government Representative. 11. Cancellation of Services In the event of illness of any epidemic nature breaking out or inclement weather e.g. typhoons, or cancellation of bookings by hirer, the Government reserves the right to cancel Service Orders already issued to the Contractor in writing or verbally subject to a minimum of 24-hour advance notice. The Government shall not liable to pay any fee to the Contractor for such cancellation. 12. Contractor's Officer-in-charge 12.1 The Contractor shall provide an Officer-in-charge with reasonable command of Chinese (Cantonese) and English and shall have the authority to receive instructions directly from the Government Representative and directly supervise and instruct his staff. He shall attend all Conditions of Contract Tender Ref.: LCT 6006/21(S) Sheet 48 joint site visits and meetings with the hirers of the Venue for operational needs at no extra charge on as and when required basis. 12.2 The Officer-in-charge shall check the progress of work on site to ensure all his staff are working in the Venue and are fully utilised. He shall also be required to report the work programme to the Government Representative when required. 13. Certified Bill/Service Order not to Constitute Approval of Work All certified bills/Service Orders shall not be deemed to constitute approval of any Venue or other matter in respect of which it is issued under the Government Representative nor shall it protect or be deemed to protect the Contractor in the case of any over measurement or over-payment nor shall it constitute a waiver of any rights of the Government Representative arising under the Contract against the Contractor or its sureties. 14. Accuracy of the Equipment Schedule 14.1 The major mechanical handling equipment of Venue are listed at the Service Specifications. The details of equipment will be issued to the Contractor when the said items of equipment are delivered to the Venue. 14.2 The Contractor should note that the quantities provided in the Service Specifications are intended to give an indication only of the extent of the Services, which are required. However, the Contractor, before commencement of Contract, is strongly advised to inspect the equipment to assess the extent of the Services, verify all quantities and types of equipment and make itself thoroughly acquainted with the work conditions and all aspects of the Services which may affect its performance. The Contractor should have no claim against the Government if the verified quantities and types of equipment vary considerably from what are given at the Service Specifications. 14.3 There is no guarantee on the sufficiency and accuracy of the operation manuals and drawings provided by the Government. The Contractor shall correct and supplement the discrepancies in the above documentation from time to time and shall inform the Government accordingly. The Contractor shall liaise directly with the relevant equipment supplier directly for detailed technical information. 15. Supply of Equipment, Materials and Labour Except where otherwise specified the Contractor shall at its own expense supply, provide and maintain all the tools, equipment and materials as specified in clause 26 hereof for works and labour, including the supervision thereof, transport to or from the Venue and in about the Venue, required for the execution, protection, completion and maintenance of the Venue. 16. Personnel Records 16.1 The Contractor shall maintain proper current and accurate records of all permitted Sub-contractor, the Contractor’s Employees or the Contractor’s agents employed by the Contractor under the Contract, and such records shall include the name, identity card number, photograph, wage book, grade and age of each of such persons together with the time sheet Conditions of Contract Tender Ref.: LCT 6006/21(S) Sheet 49 showing their attendance record. 16.2 Such records shall be produced for inspection by the Government Representative on demand. 17. Payment for Services 17.1 Provided that the Contractor shall have performed the Services in accordance with the Contract and to the satisfaction of the Government Representative, the Government Representative shall pay to the Contractor the Monthly Payment in accordance with the rates quoted by the Contractor for the Services as specified in the Contract Schedule 1. 17.2 Payment will be made direct to the Contractor's bank account in Hong Kong as stated in Annex B to the Terms of Tender. 17.3 Monthly invoices shall be sent by the Contractor to the Government Representative or as otherwise directed. Unless otherwise provided, the payment shall be made after the receipt of the Contractor’s invoices and only on the certification of the Government Representative that the Services have, in all respects, been performed in accordance with the terms and conditions of the Contract and to the satisfaction of the Government Representative. 17.4 Unless the Government Representative otherwise notifies in writing, all the Contractor’s invoices and correspondence concerning the Monthly Payment and bills against each Service Order on satisfactory completion of Services shall be addressed to the office to which the Services are provided. The Government Representative shall not be liable for any delay in the Monthly Payment if the invoices and correspondence shall not be so addressed. 17.5 The Contractor shall submit separate statements in details showing the amount and value of Services executed up to the end of that Month to the Management of Venue within seven (7) working days after the satisfactory Services completion in the Month. If the Government Representative shall certify the satisfactory completion of such Services, the Contractor shall be paid the full amount due to it on account of Services executed up to the end of that Month. 18. Monthly Order Statement The Contractor shall submit to the Supplies Section, Leisure and Cultural Services Department, at 9/F, Leisure and Cultural Services Headquarters, 1-3 Pai Tau Street, Sha Tin, New Territories, a monthly order statement within fourteen (14) working days upon request by the Government Representative showing the following particulars (a) (b) (c) (d) Contract number; Name of Venue at which the Services are performed; Total value of orders placed within the Month; and Month-end Contract balance. 19. Contract Deposit 19.1 The Contractor shall deposit with the Government in cash or a performance bond issued by a bank that holds a valid banking licence under the Banking Ordinance (Cap. 155 of the Laws of Hong Kong) or an insurer authorised under the Insurance Ordinance (Cap. 41 of the Laws Conditions of Contract Tender Ref.: LCT 6006/21(S) Sheet 50 of Hong Kong), in the form set out in Appendix B of the Terms of Tender with only such amendments as may previously have been agreed in writing by the Government, as security for the due and proper performance of the Contract by the Contractor, within twenty-one (21) days from the date of acceptance. 19.2 Upon the expiry or sooner termination of the Contract and on condition that all of the Contractor's obligations have been performed and discharged to the satisfaction of the Government, the Government shall refund the balance of the Contract Deposit, if paid in cash, to the Contractor, without interest. If a performance bond is provided, such performance bond shall be discharged or released on condition that all the Contractor's obligations shall have been observed and complied with to the satisfaction of the Government Representative and after the recovery of any sums due from the Contractor to the Government. 19.3 If the Contractor fails to comply with clause 19.1, the Government may terminate the Contract immediately. 19.4 Without prejudice to clause 19.3, if the Contractor fails to comply with clause 19.1, the Government may withhold from any sum due or payable by the Government to the Contractor from time to time, such amount which in aggregate does not exceed the amount of Contract Deposit payable to the Government. The Government may apply the amount so withheld to satisfy the Contractor’s obligation under clause 19.1 in full or in part, and to the extent that the amount is so applied, the latter amount shall be treated as Contract Deposit paid in cash pursuant to clause 19.1. 19.5 If the Contractor fails to comply with any provisions of the Contract, without prejudice to any rights that the Government has or may have against the Contractor, the Government may deduct from the Contract Deposit (and in the event that the Contract Deposit is in the form of a performance bond, to call on the performance bond the amount) of any costs, damages, losses or expenses incurred or suffered by the Government as a result of (whether directly or indirectly) a breach of the Contract by the Contractor, and any sums that are due to the Government under the Contract whether or not demand has been made. 19.6 The Contract Deposit shall be wholly forfeited to the Government in the event of the Contract being terminated in accordance with clauses 20.1, 32 and 61 hereof. 19.7 If any deduction shall be made by the Government from the Contract Deposit or a call shall be made on the performance bond during the Service Period, the Contractor shall, within twenty-one (21) days on demand in writing by the Government Representative, deposit a further sum, or reinstate the level or extent of the performance bond in a sum equal to the amount so deducted or so called which further sum shall be added to the residue of and form part of the Contract Deposit, or procure the issuance of a fresh performance bond. 19.8 If the Contractor fails to replenish the Contract Deposit in accordance with clause 19.7 above, without prejudice to any other rights or remedies which the Government has or may have against the Contractor, the Government may terminate the Contract forthwith by notice in writing to the Contractor. 20. Termination 20.1 The Government may forthwith terminate the Contract but without prejudice to any other rights which the Government has or may have if - Conditions of Contract Tender Ref.: LCT 6006/21(S) Sheet 51 (a) the Contractor fails to carry out the whole or any part of the Services or neglect to observe or perform any of the terms and conditions of the Contract, or to pay any of the sums payable by the Contractor under the Contract or is in breach of its warranties or undertakings under clause 36 (Contractor's Warranties and Undertakings) of the Conditions of Contract or (in the case of a breach capable of being remedied) the Contractor has failed within fourteen (14) days or such longer period as the Government Representative may allow after the receipt of a request in writing from the Government Representative (such request to contain a warning of the Government Representative's intention to terminate the Contract) so to do, shall remedy the breach; or (b) the Contractor goes into liquidation or a petition is filed for the bankruptcy or the winding up of the Contractor's business otherwise than for the purpose of a reconstruction or amalgamation previously approved by the Government in writing or the Contractor becomes insolvent or makes any composition or arrangement with creditors; or (c) the Contractor assigns or purport to assign any or all the burden or benefits of the Contract without the prior written consent of the Government; or (d) the Contractor is found to have employed any person who is not lawfully employable or to have aided and abetted another person to breach his condition of stay; or (e) the Contractor is convicted of any offences created under the Employment Ordinance, the Employees’ Compensation Ordinance, the Immigration Ordinance, the Occupational Safety and Health Ordinance, the Mandatory Provident Fund Schemes Ordinance or the Minimum Wage Ordinance set out in clause 32 hereof. 20.2 Notwithstanding the foregoing, the Government Representative shall be entitled to terminate the Contract without entitling the Contractor to any compensation whatsoever by giving four (4) months' notice in writing to the Contractor. 20.3 The Government may terminate the Contract under the circumstances mentioned in Clause 59.3 in this part. 21. Effect of Termination 21.1 If the Contract is terminated, the Government shall (a) cease to be under any obligation to make further payment to the Contractor until the costs, loss and/or damage resulting or arising from the termination of the Contractor's engagement have been calculated and provided such calculation showing a sum or sums due to the Contractor; (b) not be responsible for any loss and expenses suffered or incurred by the Contractor due to the termination of the Contract; (c) be entitled to repossess any of Government’s materials, clothing, equipment or other goods loaned or hired to the Contractor and to have a lien on any of the materials, clothing, equipment or other goods belonging to the Contractor for any sum due hereunder or otherwise from the Contractor to the Government; (d) have, without prejudice to any claims made or to be made by the Government for breach of the whole or any part of Contract, the right to assign the uncompleted Services to another contractor or contractors whereupon the Contractor shall be liable for any amounts in excess of the Estimated Contract Value for the remaining term of the Service Period and the Government shall be entitled to use all such Contractor's Conditions of Contract Tender Ref.: LCT 6006/21(S) Sheet 52 materials, clothing, equipment or other goods for the purposes thereof free of charge and free from any liability until a new contractor or contractors are formally engaged by the Government to perform the uncompleted Services; (e) be entitled to dispose all Contractor's materials, clothing, equipment or other goods if the Contractor fails to remove all such things from the Venue within fourteen (14) days upon termination of the Contract, failing which the Government may dispose the same at its discretion in which event all costs and expenses whatsoever which may be incurred by the Government thereof shall be recoverable in full from the Contractor forthwith; and (f) be entitled to remove any persons of the Contractor or its permitted Sub-contractor, the Contractor’s Employees or its agents from the Venue. 21.2 The above rights of the Government are in addition to and without prejudice to any other rights the Government may have whether against the Contractor directly or pursuant to any guarantee or indemnity. 21.3 Any termination of the Contract howsoever occasioned shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination. 22. Access to Venue and Places of Manufacture The Government Representative and any person authorised by it shall at all times have access to the Services and to the Venue and to all workshops and places where works are being prepared or where materials, manufactured articles and machinery are being obtained for the Services and the Contractor shall afford every facility for and every assistance in or in obtaining the right to such access. 23. Order for Variation 23.1 The Government Representative shall have absolute power to make any variation in the quantity of any work as well as the performance requirements and standards of Services detailed in the Contract Schedule 1 and the Service Specifications and such variation shall not in any way vitiate or invalidate the Contract. 23.2 The Government Representative may vary the scope of the Contract by including new/ additional facilities or floor area not specified in the Service Specifications in the Contract or conversely reduced the same for Services in the Contract during the Service Period. 23.3 No variation shall be made by the Contractor without an order in writing from the Government Representative. 23.4 The Government Representative shall give the Contractor an advance notice of not less than fourteen (14) calendar days to prepare for the execution of such order for variation from the Government Representative. 24. Valuation of Variation Where a variation has been made to the Contract under clause 23 hereof, the amount to be added or deducted from the Monthly Payment of the Venue shall be adjusted in accordance Conditions of Contract Tender Ref.: LCT 6006/21(S) Sheet 53 with the rates quoted by the Contractor in the Contract Schedule 1 so far as the same may be applicable. Where rates are not contained in the Contract Schedule 1, or are not applicable, such amount shall be as agreed between the Government Representative and the Contractor as is reasonable in the circumstances. If the parties are unable to agree on the new rate, the Government may nevertheless direct the Contractor in writing to proceed with the variation and the Contractor shall act accordingly. 25. Government's Obligation 25.1 The actual Services requirements may vary depending on the actual needs of the Government and the Contractor must allow a mixed drawing of the items awarded. The Government is entitled not to adhere to the Estimated Contract Value and may require the Contractor to provide the Services for any value between 70% and up to 130% of the Estimated Contract Value during the Service Period. 25.2 The Government shall be entitled to exercise such option, not less than fourteen (14) days prior to the expiry of the Service Period, by giving the Contractor a written notice to that effect specifying in such notice of the extension of the Service Period pursuant to Clause 1.3 hereof. Upon the Government exercises its right to extend the Contract pursuant to Clause 1.3 hereof, the Contract shall be deemed to have been extended for the period mentioned in the notice given by the Government pursuant on the same rates, terms and conditions. 26. Use of Tools and Equipment 26.1 The Government shall provide the Contractor major mechanical tools and handling equipment in accordance with the Service Specifications for the sole purpose of executing the work under the Contract. All Services carried out under the agreement shall be of such quality as to bring the equipment back to its original standards. 26.2 The Contractor shall provide at its own expense and ensure that sufficient tools, ladders, equipment and materials necessary are available for provision of proper and efficient Services at all times. 26.3 All equipment, materials, ladders and tools must be stored properly after use, so that they are not causing obstruction to the Venue. The Government shall not be liable for any loss of damage howsoever caused to such equipment, materials, ladders or tools used by the Contractor and brought alongside or into the Venue or any part thereof as the case may be. 26.4 The Contractor shall take full responsibility for the safety of all its activities and of all its permitted Sub-contractor, the Contractor’s Employees and the Contractors’ agents in connection with the Contract. 27. Site Cleanliness Tidiness is essential on site. The Contractor shall clear away all debris and rubbish from the site, failure of which may render the subsequent cleaning expense to be deducted from any money due to the Contractor. The Contractor shall keep the site of work clean and tidy at all times with minimum inconvenience to other parties. Conditions of Contract Tender Ref.: LCT 6006/21(S) Sheet 54 28. Uniform 28.1 All Contractor's Employees, its permitted Sub-contractor, or the Contractor’s agent shall, when engaged in the provision of the Services prescribed in the Contract, wear a uniform to be provided, maintained and replaced as necessary by the Contractor at its own expense with uniforms (including special or protective clothing and footwear as the Government Representative may consider necessary and appropriate) of such design to be approved by the Government Representative and the uniform shall bear, in a conspicuous position the name of the Contractor's firm. 28.2 Any of the Contractor's Employees, its permitted Sub-contractor, or the Contractor’s agent failing to wear the approved uniforms may, at the absolute discretion of the Government Representative, be refused entry or evicted from the premises prescribed in the Contract and such Contractor’s Employees, permitted Sub-contractor, or the Contractor’s agent shall be immediately replaced by the Contractor. 28.3 All approved uniforms worn by the Contractor's Employees, its permitted Sub-contractor, or the Contractor’s agent shall be kept clean and tidy at all times. 29. Photographs 29.1 The Contractor shall throughout the Service Period take all practicable steps to ensure that no photographs of the Venue or any part thereof or anything therein are taken except with the permission in writing of the Government and no such photographs are published or otherwise circulated without such permission. 29.2 No such permission shall exempt the Contractor from complying with any statutory provisions in regard to the taking and publication of photographs. 30. Deduction of Payment If the Contractor fails to carry out all or any Services provided for in the Contract within the time specified, and in accordance with the provisions of the Contract the Government Representative shall be entitled to carry out such Services by its own workmen or by other contractors. The Contractor shall be responsible for any contract costs difference of such Services. The Government Representative shall be entitled to recover the costs thereof from the Contractor, or may deduct the same from any monies due or becoming due to the Contractor under the Contract or any other contracts with the Government Representative or from the Contract Deposit as according to clause 19.5 of the Conditions of Contract. In case of disputes, the decision of the Government Representative shall be final and binding. 31. Default in Performance 31.1 At any time during the Service Period, the Government Representative may investigate each case where the Contractor has failed to perform the Services or any part thereof in accordance with the provisions of the Contract. 31.2 Where the Government Representative is satisfied that in any particular case the Services provided by the Contractor has failed to meet the standards required under the Contract or any terms and conditions of the Contract, he shall be entitled to instruct the Contractor by writing notice to remedy/rectify the failure in order to comply fully therewith within such period as he Conditions of Contract Tender Ref.: LCT 6006/21(S) Sheet 55 in his absolute decision may determine, but such period should in no case be later than twenty-four (24) hours after giving such written instructions to the Contractor. 31.3 If the Contractor fails to comply with the instruction of the Government Representative issued under sub-clause 31.2 hereof, the Government Representative shall be entitled to record in writing a notice of default (hereinafter called “Default Notice” and also expressed in abbreviated form of “DN”) which shall be issued to the Contractor. For every Default Notice issued, an amount in the form of liquidated damages will be deducted in accordance with the scale in sub-clause 31.4 below. Without prejudice to any other rights and remedies or actions to be taken under the Contract, the Government Representative shall have the right to reject unsatisfactory performance of the Services until such defects have been rectified by the Contractor and to the satisfaction of the Government Representative within the time frame specified by the Government Representative. 31.4 The Government may deduct the amount of liquidated damages in respect of Default Notice issued on the basis of the scale below from the payment or any other sum then due or which at any time thereafter may become due from the Government to the Contractor under this Contract or any other contract(s) made between the Contractor and the Government DN issued to the Contractor in any Month Amount of Deduction for each DN (i) 1st & 2nd HK$4,541 (ii) 3rd & 4th HK$6,139 (iii) 5th and beyond HK$7,805 31.5 Without prejudice and in addition to any deduction which may be made under sub-clause 31.4 above, the Government Representative shall be entitled to withhold any payment to the Contractor until the Services have been performed to the satisfaction of the Government Representative and in strict accordance with the terms and conditions of the Contract and until all costs and expenses which may be incurred by the Government in accordance with sub-clause 31.6 below have been recovered. 31.6 If the Contractor fails to provide any of the Services or fails to provide the Services to the satisfaction of the Government Representative, the Government Representative shall, without prejudice to any other rights and remedies available to the Government, be entitled to have such Services carried out by its own resources or by other contractors and to recover any loss, damages, claims or any liability that may be incurred by the Government Representative and may deduct the same from any monies due or becoming due to the Contractor under this or any other contracts with the Government or from the Contract Deposit. 32. Compliance with Ordinances 32.1 The Contractor shall comply with the Employment Ordinance (Cap. 57 of the Laws of Hong Kong). Without prejudice to any other rights or remedies which the Government has or may have against the Contractor, the Government may terminate the Contract forthwith on giving notice to the Contractor if the Contractor is convicted of any offence under the Employment Ordinance without entitling the Contractor to any compensation whatsoever. Conditions of Contract Tender Ref.: LCT 6006/21(S) Sheet 56 32.2 The Contractor shall comply with the Employees’ Compensation Ordinance (Cap. 282 of the Laws of Hong Kong). Without prejudice to any other rights or remedies which the Government has or may have against the Contractor, the Government may terminate the Contract forthwith on giving notice to the Contractor if the Contractor is convicted of any offence under the Employees’ Compensation Ordinance without entitling the Contractor to any compensation whatsoever. 32.3 The Contractor shall comply with the Immigration Ordinance (Cap. 115 of the Laws of Hong Kong). If the Contractor is convicted of an offence under the Immigration Ordinance for employing a person who is not lawfully employable to perform the Contract, or is convicted of an offence for aiding and abetting another person to breach its condition of stay, such conviction shall constitute a material breach of the Contract and without prejudice to any other rights or remedies which the Government has or may have, the Government may terminate the Contract forthwith on giving notice to the Contractor without entitling the Contractor to any compensation whatsoever. 32.4 The Contractor shall comply with the Mandatory Provident Fund Schemes Ordinance (Cap. 485 of the Laws of Hong Kong). Without prejudice to any other rights or remedies which the Government has or may have against the Contractor, the Government may terminate the Contract forthwith on giving notice to the Contractor if the Contractor is convicted of any offence under the Mandatory Provident Fund Schemes Ordinance without entitling the Contractor to any compensation whatsoever. 32.5 The Contractor shall comply with the requirements of the Occupational Safety and Health Ordinance (Cap. 509 of the Laws of Hong Kong), and any other legislation pertaining to the health and safety of its own staff, Government staff and others who may be affected by its performance of Services. Without prejudice to any other rights or remedies which the Government has or may have against the Contractor, the Government may terminate the Contract forthwith on giving notice to the Contractor if the Contractor is convicted of any offence under the Occupational Safety and Health Ordinance without entitling the Contractor to any compensation whatsoever. 32.6 The Contractor shall comply with the Minimum Wage Ordinance (Cap. 608 of the Laws of Hong Kong). Without prejudice to any other rights or remedies which the Government has or may have against the Contractor, the Government may terminate the Contract forthwith on giving notice to the Contractor if the Contractor is convicted of any offence under the Minimum Wage Ordinance without entitling the Contractor to any compensation whatsoever. 32.7 The Contractor shall ensure that its contract with its permitted Sub-contractor, the Contractor’s Employees and the Contractor’s agent which are subject to prior written consent of the Government Representative, shall contain contractual clauses to the same effect as sub-clauses 32.1 to 32.6 herein. Any failure on the part of the Contractor’s permitted Sub-contractor, the Contractor’s Employees and the Contractor’s agent to observe any of the aforesaid contractual clauses shall be deemed to be a breach of sub-clauses 32.1 to 32.6 (as the case may be) by the Contractor. Without prejudice to any other rights or remedies which the Government has or may have against the Contractor, the Government may terminate the Contract forthwith on giving notice to the Contractor. Without prejudice as aforesaid, if the Contractor fails to comply with its obligations under this clause, the Contractor shall ensure that any default on the part of its permitted Sub-contractors, the Contractor’s Employees or the Contractor’s agent of the said clauses shall be readily remedied. Conditions of Contract Tender Ref.: LCT 6006/21(S) Sheet 57 32.8 Conviction of the Contractor or its Sub-contractor, the Contractor’s Employees or the Contractor’s agent for breaches of the Employment Ordinance (Cap. 57 of the Laws of Hong Kong), the Employees’ Compensation Ordinance (Cap. 282 of the Laws of Hong Kong), the Immigration Ordinance (Cap. 115 of the Laws of Hong Kong), the Mandatory Provident Fund Schemes Ordinance (Cap. 485 of the Laws of Hong Kong), the Occupational Safety and Health Ordinance (Cap. 509 of the Laws of Hong Kong) and the Minimum Wage Ordinance (Cap. 608 of the Laws of Hong Kong) in relation to the performance of the Contract or other Government contracts shall constitute a sufficient ground for the Government Representative’s removal of the Contractor from the LCSD’s list of suppliers. 33. Order of Executing the Services The Contractor shall, if directed by the Government Representative, execute any part of the Services in such order and at such times and commencing from such points as may be required by the Government Representative. In the absence of such directions, the Contractor may execute the Services in such order and commencing at such point as the Contractor reasonably considers to be the most effective and efficient for the purposes of providing the Services, and without unnecessary disruption to public’s use of the Venue. 34. Particulars to be Furnished The Contractor shall, if directed by the Government Representative, furnish particulars in writing of its arrangements for carrying out the Services or any part thereof and any additional services which the Contractor intends to supply, use or construct as the case may be. The submission to and approval by the Government Representative of such particulars shall not relieve the Contractor of any of its duties or responsibilities under the Contract. 35. Contractor's Acknowledgment The Contractor acknowledges (a) that it is thoroughly conversant with all aspects of the Contract including but not limited to the nature and quality of the Services, the equipment, materials, tools and deployed labour and supervisory staff which will be required; any necessary storage, and transportation requirements under the Contract. If the Contractor fails to observe its contractual obligations, it would adversely affect its future standing as Government contractor; (b) that it has been supplied with sufficient information to enable it to provide to the Government the Services set out in the Service Specifications and in the provisions of the Contract; (c) that he shall not be entitled to any additional payment nor be excused from performing any requirements as imposed under the Contract on the ground of any misinterpretation by the Contractor of any matters relating to the Contract; (d) that it shall make its own arrangements to provide Mandatory Provident Fund Schemes to its employees in accordance with the provisions of the Mandatory Provident Fund Schemes Ordinance (Cap. 485 of the Laws of Hong Kong) to the satisfaction of the Government; and (e) that it shall perform its obligations under the Contract in compliance with all Conditions of Contract Tender Ref.: LCT 6006/21(S) Sheet 58 applicable laws of Hong Kong. 36. Contractor's Warranties and Undertakings The Contractor warrants and undertakes to the Government Representative that (a) the Contractor and its permitted Sub-contractor, the Contractor’s Employees and/or the Contractor’s agent shall have the necessary skill, experience and expertise to provide the Services on the terms and conditions as set out in the Contract; and (b) the Contractor shall carry out the Services with all due and reasonable diligence and in a proper, skilful and workmanlike manner and shall use it best endeavour to perform the Services to the reasonable satisfaction of the Government. 37. Use of Government's Premises and Facilities 37.1 The Government Representative may at its discretion provide storage space free of charge in the Venue for the Contractor for storage of materials if such space is available. 37.2 The storage space is provided to the Contractor, its permitted Sub-contractor, the Contractor’s Employees or the Contractor’s agent solely for the purpose of facilitating the Contractor’s performance of this Contract during the Service Period. Such permission shall cease at the end or sooner termination of the Contract, or at such earlier time as may be specified by the Government Representative by notice in writing to the Contractor. 37.3 Nothing in this Contract shall create a tenancy or licence of whatsoever nature in favour of the Contractor and its permitted Sub-contractor, the Contractor’s Employees or the Contractor’s agent and that no such tenancy or licence has or shall come into being and the Government may enter and use the storage space at any time without the need to obtain the consent of the Contractor. 37.4 The Contractor shall keep the storage space clean, tidy, in reasonably good state of repairs and properly secured, as appropriate. The Contractor shall not erect or install any fixtures or fittings at the storage space unless with the Government’s prior written approval. 37.5 The Contractor undertakes at the expiry or sooner termination of the Contract to remove at its own expense within a reasonable period as specified by the Government Representative all fixtures or fittings erected at the Venue by the Contractor under the Contract and to make good any damage to the Government or the Government properties which are caused by such removal. If the Contractor shall fail to do so the Government shall be entitled to remove and dispose of any properties, chattels, fixtures or fitting left uncollected in the Venue in any manner deemed appropriate by the Government (including sale and abandonment) and that no compensation will be made to the Contractor. All costs, losses, damages or expenses incurred by the Government as a direct or indirect result of the breach of this clause shall be recoverable as a debt due from the Contractor. 38. Contractor's Employees or Agents 38.1 The Contractor shall be responsible for the good conduct of its permitted Sub-contractor, the Contractor’s Employees or the Contractor’s agent while they are performing the Services under the Contract and shall ensure that they will behave accordingly. 38.2 The Government Representative may require on reasonable grounds (including but not limited to medical, security and disciplinary grounds) the immediate removal or replacement Conditions of Contract Tender Ref.: LCT 6006/21(S) Sheet 59 of any of the Contractor’s Employees, its permitted Sub-contractor or the Contractor’s agent for the Contract. 38.3 The Government shall in no circumstances be liable either to the Contractor, the Contractor’s Employees, its permitted Sub-contractor, or the Contractor’s agent in respect of any liability, loss or damage occasioned by such removal and the Contractor shall fully indemnify the Government against any aforesaid claim made by such Sub-contractor, the Contractor’s Employees or the Contractor’s agent. 38.4 The Contractor shall ensure that all its permitted Sub-contractor, the Contractor’s Employees or the Contractor’s agent wear tidy and clean clothes or any such special or protective clothing, and footwear as the Government Representative may consider necessary or appropriate. Any such special or protective clothing and footwear shall be provided, maintained and replaced as necessary by the Contractor at its own expenses. 39. Contractor's Personnel 39.1 The Contractor shall not employ any persons who are forbidden by the laws of Hong Kong or not entitled for whatever reasons to undertake any employment in Hong Kong for the purpose of this Contract or any other Government contracts. If there is any breach of this clause by Contractor, the Government may, by notice in writing to the Contractor, terminate this Contract forthwith and the Contractor is not entitled to make any claim for compensation against the Government. The Contractor shall be responsible for all expenses and losses that the Government may incur or suffer due to the breach of this clause. 39.2 The Government may refuse to admit to the Venue or any part thereof for the purposes of the Contract any person employed by the Contractor, or by an assignee or a Sub-contractor, whose admission is, in the reasonable opinion of the Government Representative, undesirable. The Contractor shall continue to perform the Services despite admission of such person to the Venue or any part thereof is refused under this clause. 40. Monies or Valuables found by the Contractor's Employees All monies or other items of value found by the Contractor, the Contractor’s Employees, its permitted Sub-contractor or the Contractor’s agent in performing the Services at any places shall be handed to the Government Representative as soon as possible and the Contractor shall obtain from the Government Representative a written receipt thereof. 41. Notice to be written in both English and Chinese All notices displayed or circulated by the Contractor requiring the Contractor’s Employees, its permitted Sub-contractor or the Contractor’s agent or the public to comply with the rules and regulations of the Government Representative, the Government or other competent authority shall be written in English and Chinese. Conditions of Contract Tender Ref.: LCT 6006/21(S) Sheet 60 42. Passes 42.1 The Government Representative may require the Contractor, the Contractor’s Employees, its permitted Sub-contractor or the Contractor’s agent to apply and to hold valid passes issued by the Government Representative for admission to the Venue or any part thereof. The Government Representative may refuse to admit to the Venue or any part thereof any person who fails to show his pass on demand by the Government Representative. The Contractor shall continue to perform the Services despite admission of such person to the Venue or any part thereof is refused under this sub-clause. 42.2 The Contractor shall submit a list of the names and identity card numbers of all the Contractor’s Employees, its permitted Sub-contractor or the Contractor’s agent applying for passes together with two photographs of each person and shall prove to the satisfaction of the Government Representative their bona fide identities. 42.3 Any pass so issued shall be returned immediately to the Government Representative on demand by the Government Representative, or upon termination of the Contract, or upon the cessation of the bearer's employment with the Contractor, its permitted Sub-contractor or the Contractor’s agent, whichever is earlier. If there is any situation requiring the re-issue of the pass, the Contractor shall pay to the Government a sum which is equal to the total replacement cost of the pass. 43. Service of Notice All notices which are required to be given herein shall be in writing and shall be sent to the address of the recipient set out in the Contract or such other address as the recipient may designate by prior notice given in accordance with the provisions of this clause. Such notices shall be deemed to have been properly given hereunder and shall be effective - 44. (a) on the date of delivery if hand-delivered; (b) on the date of transmission if sent by facsimile; and (c) if dispatched by mail (whether registered or not), on the day on which the same shall have been tendered for delivery by postal authority in Hong Kong. Waiver of Remedies No forbearance, delay or indulgence by either party in enforcing the provisions of the Contract shall prejudice or restrict the rights of that party nor shall any waiver of its rights operate as a waiver of any subsequent breach and no right, power or remedy herein conferred upon or reserved for either party is exclusive of any other rights, powers or remedies available to that party and each such rights, power, or remedy shall be cumulative. 45. Applicability of Public Health and Municipal Services Ordinance The Contract is subject to, and the Contractor shall comply with all applicable laws of Hong Kong including the provisions of the Public Health and Municipal Services Ordinance (Cap. 132 of the Laws of Hong Kong), and of all regulations made thereunder, which may be applicable to the Venue. In the event of illness of any epidemic nature breaking out, the Contractor shall comply with all such orders, arrangements, or regulations as may be issued by the Government with a view to stamping out the same. The Contractor shall comply with any instruction issued by the Government regarding measures to be adopted to prevent and Conditions of Contract Tender Ref.: LCT 6006/21(S) Sheet 61 control disease of any kind at no extra cost to the Government. 46. Confidentiality 46.1 The Contractor shall treat as confidential all information supplied by the Government under this Contract which is designated as confidential by the Government or which is specified as protected by the Government or which is by its nature clearly confidential provided that this clause shall not extend to any information which was rightfully in the possession of the Contractor prior to the commencement of the negotiations leading to this Contract or which is already public knowledge or becomes so at a future date (otherwise than as a result of a breach of this clause). The Contractor shall not divulge any confidential information to any person except to the Contractor’s Employees or its permitted Sub-contractor or the Contractor’s agent who need to know the same. Any disclosure of confidential information by the Contractor’s Employees or its permitted Sub-contractor or the Contractor’s agent shall be deemed to be the default of the Contractor. 46.2 The Contractor shall not make use of or reproduce or allow the use or reproduction of any information, report document, software, data or any other particulars whatsoever of a confidential nature or relating to the business or affairs of the Government. 46.3 The Contractor shall ensure that the Contractor’s Employees or its permitted Sub-contractor or the Contractor’s agent are aware of and comply with the provisions of this clause by having them signed a written undertaking to the above effect, the format of which would be subject to the agreement of the Government, before they provide the Services. The foregoing obligations as to confidentiality shall remain in full force and effect notwithstanding any termination or expiry of this Contract. 47. Entire Agreement The Contract supersedes all prior agreements, arrangement and undertakings between the parties and constitutes the entire Contract between the parties relating to the subject matter hereof. No addition to or modification of any provision of the Contract shall be binding upon the parties unless made by a written instrument signed by a duly authorised representative of each of the parties. 48. Severability 48.1 In the event that any provision of the Contract or any part of any such provisions shall at any time be adjudged to be invalid, unlawful, illegal, voidable or otherwise howsoever unenforceable under any applicable laws of Hong Kong, such provision or such part of such provision, as the case may be, shall, to the extent required by such law, be severed from this Contract and rendered ineffective so far as possible without modifying the remaining provisions hereof. 48.2 Where, however, the provisions of the Contract or any such applicable laws of Hong Kong may be waived, they are hereby waived by the parties hereto to the full extent permitted by such law. Conditions of Contract Tender Ref.: LCT 6006/21(S) 49. Sheet 62 Restrictions on the Sale of Commodity The Contractor shall not at any time or any part of give, sell or barter any commodity or item or permit or suffer any such sale, gift or barter to be made by its permitted Sub-contractor, the Contractor’s Employees or the Contractor’s agent in the Venues. 50. Sub-contracting 50.1 The Contractor shall not, without the prior written consent of the Government Representative, enter into any sub-contract with any person for the performance of any part of the Contract. The Contractor shall submit the proposed sub-contract to the Government Representative for approval. The Government Representative reserves the right to determine the terms of the sub-contract. 50.2 The Contractor shall efficiently direct and supervise the performance of the Services to the full extent of its ability and with its full attention. 50.3 The Contractor shall remain fully liable and shall not be relieved from any of its obligations hereunder by entering into any sub-contract for the performance of any part of the Contract and the Contractor shall be responsible for the acts, defaults or neglect of any permitted Sub-contractor, its employees and its agent. Upon request of the Government Representative, the Contractor shall promptly provide the Government Representative with copies of any such sub-contracts. 51. Information Used Not to be Divulged None of the information in the documents furnished by the Government to the Contractor shall be used by the Contractor for any purpose other than for the purpose of the Contract and the Contractor shall not divulge or use except for the purpose of the Contract any information contained in the documents. 52. Public Liability Insurance 52.1 The Contractor shall effect and keep in force during the Service Period and at its own expense a public liability policy of insurance exclusively for the Contract in the joint names of the Government and the Contractor in the sum of not less than Ten Million Hong Kong dollars (HK$10,000,000) for each accident with unlimited claim for each year with an insurance company and on such terms and conditions as shall be approved by the Government Representative. The insurance policy shall cover liability to pay damages and compensation for injury to or death of any persons and for loss or damage to any properties whatsoever where such injury, death, loss or damage (as the case may be) is caused by or arises out of any act, negligence or default of the Contractor or the Government or their respective employees or agent. 52.2 The Contractor shall with all due diligence conform to all conditions of the insurance policies effected under the Contract and all reasonable requirements of the insurers in connection with the settlement of claims, the recovery of losses and the prevention of accidents and the Contractor shall bear the consequences of any failure to do so. The Contractor shall bear the cost of all excesses (deductibles), exclusions or limitations applying under the said policies. 52.3 The Contractor shall submit to the Government Representative within twenty-one (21) days from the date of letter of acceptance two (2) copies of the said policy of insurance together with the receipt for payment of the current premium. Thereafter, the Contractor shall Conditions of Contract Tender Ref.: LCT 6006/21(S) Sheet 63 provide the Government with copies of the premium receipts of the subsequent renewal of the policy of insurance within thirty (30) days after the due date for payment of premium. 52.4 The Contractor is responsible for lodging all claims with the said insurance company and shall deal with the said company upon the Government Representative’s request and upon receipt from the Government Representative a report on any injury, death, loss or damage. 52.5 The Contractor shall cause all sums received by virtue of the insurances taken out by the Contractor under the Contract to be paid to the Government, who shall apply the same towards the discharge of any liability, settlement of any action or claims and/or reinstatement of any property damaged and/or any sums owed to any third party by the Contractor and/or the Government under the coverage of the insurance policy. The Contractor shall make up any deficiency in the amount required for discharging such liability, settlement of such action or claim, reinstatement of property damaged and/or such sums owed, if any, save and except in the event where the Court has ordered that such liability, settlement of action or claims, reinstatement of property damaged and/or such sums owed, if any, is entirely caused by the act, negligence or default of the Government or its employees or agent. In the event where the Court has given an order detailing the apportionment of liability to be borne by the Government (or its employees or agent) and the Contractor (or its employees or agent) respectively, the Contractor shall make up any deficiency as per such apportionment in its fair share amount required for discharging such liability, settlement of action or claims, reinstatement of property damaged and/or such sums owed, if any. 52.6 If the Contractor fails to comply with clause 52.1, the Government may terminate the Contract immediately. 53. Accident to the Contractor's Employees 53.1 The Government and its employees and agents shall not be under any liability whatsoever for or in respect of any injury to or death of any of the Contractor's Employees, its permitted Sub-contractor or the Contractor’s agent save and except such injury or death caused by the Negligence of the Government Representative or its employees or agent. The Contractor shall indemnify the Government and its employees or agent against all actions, proceedings, claims and demands, costs and expenses whatsoever in respect of any such injury or death for which the Government and its employees and agent are not liable. For the purpose of this Clause, “Negligence” shall have the same meaning assigned to it under the Control of Exemption Clauses Ordinance (Cap. 71 of the Laws of Hong Kong). 53.2 The Contractor shall effect and keep in force a policy of insurance at its own expense against all liability to pay damages or compensation as aforesaid in respect of all persons, including but not limited to employees who may be employed on any work done in pursuance of the Contract, whether employed by the Contractor or its permitted Sub-contractor or the Contractor’s agent with an insurance company approved by the Government Representative (which approval shall not be unreasonably withheld) and shall keep such policy of insurance in force during the Service Period. The Contractor shall when required, deposit with the Government Representative for safe keeping during the Service Period such policy of insurance together with the receipt of payment of the current premium, provided always that in respect of any persons employed by any agent or permitted Sub-contractor of the Contractor, the Contractor’s obligations to effect a policy of insurance as aforesaid under this clause shall be satisfied if the agent or the permitted Sub-contractor has effected such policy of insurance in respect of such persons but the Contractor shall require the agent or the permitted Sub-contractor to deposit with the Government Representative when required such policy of insurance together with the receipt of payment of the current premium. Conditions of Contract Tender Ref.: LCT 6006/21(S) Sheet 64 53.3 If the Contractor shall fail to effect and keep in force the insurance policy referred to in this clause or clause 52 or any other insurance which it may be required to effect under the terms of the Contract then and in any such cases the Government may effect and keep in force any such insurance and pay such premium or premiums as may be necessary for that purposes and from time to time deduct the amount so paid by the Government Representative as aforesaid from any monies due or which may become due to the Contractor or recover the same as a debt due from the Contractor. 53.4 In the event of any employees or agent or permitted Sub-contractor or other person employed on any work done in pursuance to the Contract, whether employed by the Contractor or its agent or its permitted Sub-contractor, suffering from any personal injury or death, and whether there be a claim for compensation or not, the Contractor shall within seven (7) days after the occurrence of the injury or death give notice in writing of such injury or death to the Government Representative. 54. Acceptance of Services The Services executed and goods and materials supplied by the Contractor in pursuance of the Contract shall be deemed to be approved by the Government unless the Government shall disapprove of the same in writing twenty-eight (28) days after the date upon which they were respectively carried out. 55. Giving of Notice and Payment of Fees The Contractor shall give all notices and pay all fees required to be given or paid by any enactment or any regulation of any local or other duly constituted authority in relation to the execution of the Services and by the rules and regulations of all public bodies and companies whose property or rights are affected or may be affected in any way by the performance of the Services. 56. Nature of Services 56.1 The Government does not guarantee the accuracy of the Contract or of any statement of fact made therein or shown thereon or of any other information supplied to the Contractor by or on behalf of the Government or otherwise. 56.2 No neglect or failure on the part of the Contractor itself to obtain information upon the foregoing or any other matters affecting the execution, completion and maintenance of the Services shall relieve the Contractor from any of the risks or liabilities undertaken by it herein nor shall claim for increased rates or otherwise be entertained on the ground of any representative, promise or guarantee made or given by the Government nor shall the Contractor be entitled to any payment, compensation or allowance by reason of any extra expense or loss which may during the carrying out of the Contract be caused by or arise from any inaccuracies, mis-statement or omissions in the Contract. Conditions of Contract Tender Ref.: LCT 6006/21(S) Sheet 65 57. Liability and Indemnity 57.1 The Contractor shall indemnify the Government and keep the Government fully and effectively indemnified against any and all losses, claims, damages, costs, charges, expenses, liabilities, demands, proceedings and actions which the Government may sustain or incur or which may be brought or established against him by any person and which in any case arises out of or in relation to or by reason of, but not limited to, the following (a) the negligence, recklessness or wilful misconduct of the Contractor, the Contractor’s Employees, its permitted Sub-contractor or the Contractor’s agent; (b) the breach or the non-performance or non-observance of any of the provisions, warranties and undertakings, obligations or conditions of the Contract by the Contractor or the Contractor’s Employees, its permitted Sub-contractor or the Contractor’s agent under this Contract; (c) any unauthorised act or omission of the Contractor or the Contractor’s Employees, its permitted Sub-contractor or the Contractor’s agent; (d) the non-compliance with any applicable laws and any requirement or regulation of any local authority or agency in connection with the performance of the obligations under the Contract by the Contractor or the Contractor’s Employees, its permitted Sub-contractor or the Contractor’s agent; or (e) any loss or damage sustained by or any injury to or death of any third party in consequence of any negligence, omission, default of the Contractor or the Contractor’s Employees, its permitted Sub-contractor or the Contractor’s agent under statute and under common law as long as such loss or damage sustained by or any injury to or death of such third party is attributable to the Contractor or the Contractor’s Employees, its permitted Sub-contractor or the Contractor’s agent in the manner as described in (a) to (d) above. 57.2 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 Representative in enforcing any of the terms and conditions of the Contract, or any failure or omission of the Government Representative in investigating or dealing with any claims in consequence of its negligence or omission or default, or in supervising or controlling the Contractor's operation or method of working, or in detecting or preventing or remedying any defective work carried out by the Contractor, the Contractor’s Employees, its permitted Sub-contractor or the Contractor’s agent. 57.3 The Contractor shall indemnify and keep indemnified the Government against all claims, damages, costs, losses or expenses in respect of personal injury, death, losses or damages arising out of or resulting from the performance or attempted performance of the Contract to the extent that the same are or have been caused by any act, omission, neglect, recklessness, wilful misconduct, defamation, breach of statutory duty or breach of the Contract by the Contractor, the Contractor’s Employee or the Contractor’s agents. Any damage to building, site or other areas of work in relation to the Contract shall be indemnified by the Contractor to the satisfaction of the Government. 57.4 The Contractor shall indemnify and keep the Government and its contractor’s employee and authorised persons fully and effectively indemnified against all costs, claims, demands expenses and liabilities of whatsoever nature arising from or incurred by reason of any actions and/or claims made in respect of disclosure of information subject to the Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong) which action and/or claim would not have arisen but for the negligence or omission of the Contractor, any of the Contractor’s Conditions of Contract Tender Ref.: LCT 6006/21(S) Sheet 66 Employee or the Contractor’s agents or any one acting on its/their behalf in connection with the provision or receipt of the work of any Services provided under this Contract, as well as any liability or claim in respect of any act done or omission in the performance of the Contract that contravenes the Unsolicited Electronic Messages Ordinance (Cap. 593 of the Laws of Hong Kong). 57.5 Without prejudice to any rights or remedies the Government may have, the Government shall be entitled to offset or deduct any monies referred to in this clause from any monies which the Government may owe to the Contractor and claim for any outstanding balance from the Contractor. 57.6 The provision of this clause 57 shall survive the completion or early termination of the Contract (howsoever occasioned) and shall continue in full force and effect notwithstanding such completion or termination. 58. Inspection and Rejection 58.1 The Services performed shall before payment be subject to inspection by the Government Representative who may withhold payment unless the Services have been performed in accordance with the terms and conditions of the Contract and to the satisfaction of the Government Representative. Upon breach of any essential terms of the Contract by the Contractor, including but not limited to failure to comply with the performance requirements in accordance with the Service Specifications, the Government Representative shall have the right to reject unsatisfactory performance of the Services and suspend payment until the defects have been rectified by the Contractor. 58.2 The Contractor shall take immediate and necessary action to rectify such rejected Services within twenty-four (24) hours after being notified in writing of the rejection of any Services. 58.3 If the Contractor shall fail to rectify such rejected Services in accordance with clause 58.2 hereof, the Government may, without prejudice to any other rights and remedies available to the Government, carry out and complete such Services by its own resources or by other contractors. All costs and expenses whatsoever which may be incurred by the Government thereof shall be recoverable in full from the Contractor forthwith. 59. Force Majeure 59.1 For the purpose of this Clause, “Force Majeure” means: 59.1.1 any supervening outbreak of war affecting Hong Kong, hostilities (whether war be declared or not), invasion, acts of foreign enemies, rebellion, revolution, military or usurped power, overthrow (whether by external or internal means) of the Government, civil war, riot, civil disturbances, fire, outbreak of contagious disease or virus, if not caused or contributed to by the Contractor, or any employee or agent or ex-employee or ex-agent thereof, civil commotion and acts of Gods; or 59.1.2 any supervening catastrophic event which is similar to the foregoing if not caused or contributed to by the Contractor, or any employee or agent or ex-employee or ex-agent thereof; and which prevents the performance of the Government’s or the Contractor’s duties and obligations hereunder. In the event of a Force Majeure, the party prevented by Force Majeure shall give notice in writing to the other party as soon as possible of notifying the other party details of the Force Majeure. Should the performance by a party of its obligations hereunder be prevented by Force 59.2 59.3 Conditions of Contract Tender Ref.: LCT 6006/21(S) Sheet 67 Majeure for a period of not less than thirty (30) consecutive days, the Government shall be entitled, at the expiration of such period, to terminate the Contract by giving not less than fourteen (14) days’ notice in writing to the Contractor. 60. Matters in which the Decision of the Government is Final In the cases of any question arising as to any of the following matters (hereinafter called "the excepted matters") (a) as to the true intent and meaning of the Conditions of Contract, the Service Specifications and the Contract Schedules; (b) as to the quality of materials and workmanship; (c) as to the method or means (including any question as to what provision of Services should be provided and used by the Contractor) by which the Services or any part thereof should be executed; and (d) as to the measurement of the Services; the Government shall state its decision thereon in writing and the Government's said decision shall be final and binding upon the parties, provided that the Government shall have power to cancel any such decision and to substitute any other decision thereof. 61. Probity 61.1 The Contractor acknowledges it has been reminded that: (a) dishonesty, theft and corruption on its part or that of its 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); (b) the offering, soliciting or accepting of advantages, as defined in the Prevention of Bribery Ordinance is not permitted. 61.2 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) is not permitted. The Contractor shall also caution its officers, employees and agents and sub-contractors against offering, 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. 61.3 The Government may terminate the Contract immediately if the Contractor or any of its employees, agents and sub-contractors is convicted of an offence under the Prevention of Bribery Ordinance, the Theft Ordinance or the Crimes Ordinance. 61.4 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 offering, 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 61.2 and of the staff code of conduct. The code of conduct should form part of the employment contract to ensure acknowledgement and compliance by Conditions of Contract Tender Ref.: LCT 6006/21(S) Sheet 68 the employees. 62. Conflict of Interest 62.1 The Contractor shall during the Service Period and for three (3) months thereafter: (a) ensure that it (including each and every employee of the Contractor) and each of its sub-contractors and each of their respective employees, officers and agents engaged in the discharge of the obligations hereunder, and each of their respective associates and associated persons, shall not undertake any service, task, or job or do anything whatsoever for or on behalf of any third party (other than in the proper performance of the Contract) which conflicts or which may be seen to conflict with the Contractor’s duties or obligations under the Contract without the prior written approval of the Government (which approval shall not be unreasonably refused or delayed); and (b) forthwith notify the Government in writing of all or any facts which may reasonably be considered to give rise to a situation where the financial, professional, commercial, personal or other interests of the Contractor or any of the Contractor’s sub-contractors or any of their respective employees, officers and agents deployed for the performance of the Contractor’s obligations hereunder or their respective associates or associated persons, conflict or compete, or may be seen to conflict or compete, with the Contractor’s duties or obligations under the Contract. 62.2 The Contractor shall ensure that each of its associate and associated person, each of its sub-contractors and each of their respective employees, officers and agents deployed in the performance of the Contractor’s obligations hereunder and their respective associates and associated persons shall keep themselves informed and inform the Contractor and keep it informed regularly of all facts which may reasonably be considered to give rise to a situation in which the financial, professional, commercial, personal or other interests of such persons, conflict or compete, or may be seen to conflict or compete, with the Contractor’s obligations under this Contract. 62.3 In the Contract: (a) “associate” in relation to any person means: (i) a relative or partner of that person; or (ii) a company one or more of whose directors is in common with one or more of the directors of that person; (b) “associated person” in relation to another person means: (i) any person who has control, directly or indirectly, over the other; (ii) any person who is controlled, directly or indirectly, by the other; or (iii) any person who is controlled by, or has control over, a person at (i) or (ii) above; (c) “control” in relation to another person means the power of a person to secure: (i) 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; (ii) by virtue of powers conferred by any constitution, Conditions of Contract memorandum or Tender Ref.: LCT 6006/21(S) Sheet 69 articles of association, partnership, agreement or arrangement (whether legally enforceable or not) affecting that or any other person; or (iii) by virtue of 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; 63. (d) “director” means any person occupying the position of a director by whatever name called and includes a de facto or shadow director; (e) “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 parents and the step parent. Contract (Right of Third Parties) Ordinance 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 of the Laws of Hong Kong). 64. Non-Exclusion Contract Nothing in the Contract shall preclude the Government from procuring any Services from any other person. 65. Order of Precedence In the event that there is any conflict, contradiction or ambiguity between any documents, which form part of the Contract, the following order or precedence shall be applied in order to resolve any such conflict, contradiction or ambiguity (a) Service Specifications; (b) Contract Schedules; (c) Conditions of Contract; (d) Terms of Tender; (e) The Tender Form (G.F. 231) (Rev. 04/20); and (f) Interpretation. Conditions of Contract Tender Ref.: LCT 6006/21(S) Sheet 70 SERVICE SPECIFICATIONS Requirements of Services for the Hong Kong Coliseum and the Queen Elizabeth Stadium Group A – Hong Kong Coliseum Part A – Stage Equipment of the Hong Kong Coliseum 1. Demountable Open Stage (Arena, Hong Kong Coliseum) (a) The equipment includes:(i) stage platform: up to 96 nos. of l.2m x 2.4m (4 feet x 8 feet) Wenger Type C stage units with the necessary unit-to-unit clamps and stabilisers to be arranged/set as per format and elevation(s) specified in the Service Order or on site by the Management; (ii) stairway system: up to 6 nos. of stairways with handrails on both sides to be attached to the stage set at elevation(s) for access to the stage; (iii) guard rail system: up to 20 nos. of guardrails to be fastened to the rear/side frame of the stage; (iv) storage trucks: for use of storing and transporting all stage units and guardrails; and (v) 2. adjustable drapery: for closure of the stage front and sides. (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Hong Kong Coliseum. (c) The setting up work must be completed within 3 hours and dismantling work within 2 hours from the time of commencement of provision of service required as specified in the Service Order. Congregation/Choral/Orchestral Setting (Arena, Hong Kong Coliseum) (a) The equipment includes:(i) orchestral risers: up to 24 nos. of 1.2m x 2.4m (4 feet x 8 feet) Wenger Type risers to be set/arranged on stage; (ii) stairway system: up to 2 nos. of stairways with handrails on both sides to be attached to the stage set at elevation(s) for access to the stage; (iii) guard rail system: up to 20 nos. of guardrails to be fastened to the rear/side frame of the stage; (iv) musician chairs: up to 150 nos. of musician chairs and 150 nos. of music stands; Service Specifications Tender Ref.: LCT 6006/21(S) Sheet 71 SERVICE SPECIFICATIONS Requirements of Services for the Hong Kong Coliseum and the Queen Elizabeth Stadium Group A – Hong Kong Coliseum (cont’d) Part A – Stage Equipment of the Hong Kong Coliseum (cont’d) (v) conductor's system: the system comprises an adjustable high stool, a podium and an adjustable music stand; and (vi) collapsible tables. 3. (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Hong Kong Coliseum. (c) The setting up work must be completed within 2 hours and dismantling work within 1 hour from the time of commencement of provision of service required as specified in the Service Order. Dividing Curtain The equipment includes:(a) 12 pieces of velvet curtain as dividing curtain for veiling unused seats behind the stage. Their approximate dimensions are as follows 4 pieces: Rectangular curtain as the central dividing curtain, each measures at approx. 11m (W) and 20m(H); 2 pieces: Rectangular curtain as the central dividing curtain, each measures at approx. 3.5m (W) and 20m(H); 2 pieces: Trapezoid (梯形) curtain as the side dividing curtains , each measures at approx. 11m (W), 17m (H) for the longer ends and 13m (H) for the shorter end ; 2 pieces: Trapezoid (梯形) curtain with a slanting bottom as the side dividing curtains, each measures at approx. 11m (W), 13m (H) for the longer ends and 8.8m (H) for the shorter end ; and 2 pieces: Trapezoid (梯形) curtain with a slanting bottom as the side dividing curtains, each measures at approx. 9.6m (W), 8.8m (H) for the longer ends and 2.3m (H) for the shorter end . (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Hong Kong Coliseum. (c) The setting up work must be completed within 1.5 hour and dismantling work within 1 hour from the time of commencement of provision of service required as specified in the Service Order. Service Specifications Tender Ref.: LCT 6006/21(S) Sheet 72 SERVICE SPECIFICATIONS Requirements of Services for the Hong Kong Coliseum and the Queen Elizabeth Stadium Group A – Hong Kong Coliseum (cont’d) Part B – Sports Equipment of the Hong Kong Coliseum 1. Wooden Flooring (Arena, Hong Kong Coliseum) (a) The equipment includes:(i) up to 608 nos. of wooden panels each measuring 1.2m x 2.4m (4 feet x 8 feet) and 46 nos. of wooden panels each measuring l.2m x 1.2m (4 feet x 4 feet) to form one single basketball court of 34.1m x 18.3m (112 feet x 60 feet) to be placed at the centre of the arena floor or a full size wooden floor of 39m x 39m (128 feet x 128 feet) to accommodate 2 basketball courts; (ii) storage trucks: for transportation of the wooden panels, approximately 15 nos. of wooden panels per truck; and (iii) taping of courts for various sports activities. 2. (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Hong Kong Coliseum. (c) The setting up work must be completed within 8 hours and dismantling work within 6 hours from the time of commencement of provision of service required as specified in the Service Order. Badminton Equipment with Mats (Arena, Hong Kong Coliseum) (a) The equipment includes:(i) badminton rubberised roll-out mat surface: up to 3 nos. of rubberised roll-out surface each measuring 6.7m x 14.6m; (ii) badminton posts and nets: up to 3 sets of posts and nets. Each set of posts consists of 2 nos. of free-standing posts (each of a height 1.523m) fixed by a weighted base of approximately 110kg; (iii) umpire chairs: up to 3 nos. of high chairs for referees; (iv) portable scoring equipment: up to 6 nos. (3 sets); and (v) folding table/chairs and benches for officials and players. (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Hong Kong Coliseum. (c) The setting up work must be completed within 2 hours and dismantling work within 1 hour from the time of commencement of provision of service required as specified in the Service Order. Service Specifications Tender Ref.: LCT 6006/21(S) Sheet 73 SERVICE SPECIFICATIONS Requirements of Services for the Hong Kong Coliseum and the Queen Elizabeth Stadium Group A – Hong Kong Coliseum (cont’d) Part B – Sports Equipment of the Hong Kong Coliseum (cont’d) 3. Basketball Equipment (Arena, Hong Kong Coliseum) (a) The equipment includes:(i) (ii) basketball backstops: 2 nos. (1 pair) of hydraulic basketball backstops which can be raised and lowered by heavy-duty steel springs and one-man operation. The unit can be transported on 4 castors and stablised by front stamps and rear connector set; Auxiliary weight carts for basketball backstops: 2 nos. (1 pair) of auxiliary weight carts for stabilizing the basketball backstops. 1 no. of weight cart for 1 no. of basketball backstop; and (iii) collapsible tables/chairs and benches for officials and players. 4. (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Hong Kong Coliseum. (c) The setting up work must be completed within 1 hour and dismantling work within 1 hour from the time of commencement of provision of service required as specified in the Service Order. Boxing Equipment (Arena, Hong Kong Coliseum) (a) The equipment includes:(i) the platform: up to 1 no. of platform measuring about 54m2 and 1.2m in height; (ii) the ring/canvas: up to 4 padded corner posts and one canvas cover fitted to the platform and 3 ropes to be drawn tightly from the corner posts at equal intervals; (iii) the steps: up to 3 steps, two (2) to be placed at the opposite corners for the use of contestants and seconds, one (1) step in the neutral corner for the referees and doctor(s); (iv) weighting machine: up to 1 no. of lever type weighting machines; (v) ceiling-hang timing equipment: 1 set; and (vi) collapsible tables/chairs and benches for officials and players. (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Hong Kong Coliseum. Service Specifications Tender Ref.: LCT 6006/21(S) Sheet 74 SERVICE SPECIFICATIONS Requirements of Services for the Hong Kong Coliseum and the Queen Elizabeth Stadium Group A – Hong Kong Coliseum (cont’d) Part B – Sports Equipment of the Hong Kong Coliseum (cont’d) (c) 5. Volleyball Turf (Arena, Hong Kong Coliseum) (a) 6. The setting up work must be completed within 3 hours and dismantling work within 2 hours from the time of commencement of provision of service required as specified in the Service Order. The work includes:(i) to set out a set of volleyball turf; and (ii) to dismantle and move the set of volleyball turf back to the original storage position. (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Hong Kong Coliseum. (c) The setting up work must be completed within 6 hours and dismantling work within 4 hours from the time of commencement of provision of service required as specified in the Service Order. Volleyball Equipment (Arena, Hong Kong Coliseum) (a) The equipment includes:(i) volleyball post with net and protection pad up to 2 sets (4 posts, 4 pads and 2 nets); (ii) vertical side marker up to 4 nos.; (iii) net measuring rod: 1 no.; (iv) referee's chair : 2 nos. of hydraulically adjustable in height; and (v) 7. collapsible tables/chairs and benches for officials and players. (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Hong Kong Coliseum. (c) The setting up work must be completed within 1 hour and dismantling work within 0.5 hour from the time of commencement of provision of service required as specified in the Service Order. Rubberised Roll-out for Sports Events (Arena, Hong Kong Coliseum) (a) The equipment includes:10 pieces of rubberised mats with black surface and back measuring at 0.9m x 18.2m (3 feet x 60 feet) to cover the wooden floor or volleyball turf for protection. (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Hong Kong Coliseum. Service Specifications Tender Ref.: LCT 6006/21(S) Sheet 75 SERVICE SPECIFICATIONS Requirements of Services for the Hong Kong Coliseum and the Queen Elizabeth Stadium Group A – Hong Kong Coliseum (cont’d) Part B – Sports Equipment of the Hong Kong Coliseum (cont’d) (c) The setting up work must be completed within 2 hours and dismantling work within 1.5 hours from the time of commencement of provision of service required as specified in the Service Order. Part C – Seating of the Hong Kong Coliseum 1. End Stage Configuration (Arena, Hong Kong Coliseum) (a) The work includes:(i) to set out 14 units of tiered retractable platforms with guard rails at back and two sides; (ii) to move up to 896 nos. of collapsible chairs from storerooms and place them on the retractable stands and install detachable armrests between them; (iii) to move up to 784 nos. of collapsible chairs and arrange them on the arena floor in accordance with the layout specified on site or in the Service Order; and install detachable armrests between them; (iv) to fix row plates on each rows of seating; (v) to stick seat labels on up to 1,680 nos. of collapsible chairs; (vi) to lay PVC floor mats on the designated wheelchair seating zones in accordance with the layout specified on site by the Management or in the Service Order; and (vii) to dismantle and move the set of retractable stands back to the original storage position and collapsible chairs, guard rails, row plates and floor mats back to the storeroom(s). 2. (b) Storage trucks are available for transportation of the collapsible chairs and guard rails. (c) Specifications of the equipment and the operation instructions are available for reference at the management office of the Hong Kong Coliseum. (d) The setting up work must be completed within 9 hours and dismantling work within 5 hours from the time of commencement of provision of service required as specified in the Service Order. Central Stage/Court Configuration without Additional Seats on Arena Floor (Arena, Hong Kong Coliseum) (a) The work includes:(i) to set up to 8 rows of electrically operated retractable stands with chairs and guard rails up to 4 sides; (ii) to lay PVC floor mats on the designated wheelchair seating zones in accordance with the layout specified on site by the Management or in the Service Order; and (iii) to dismantle and move the set of retractable stands back to the original storage position and guard rails and floor mats back to storeroom(s). Service Specifications Tender Ref.: LCT 6006/21(S) Sheet 76 SERVICE SPECIFICATIONS Requirements of Services for the Hong Kong Coliseum and the Queen Elizabeth Stadium Group A – Hong Kong Coliseum (cont’d) Part C – Seating of the Hong Kong Coliseum (cont’d) 3. (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Hong Kong Coliseum. (c) The setting up work must be completed within 2.5 hours and dismantling work within 2 hours from the time of commencement of provision of service required as specified in the Service Order. Central Stage/Court Configuration with Additional Seats on Arena Floor (Arena, Hong Kong Coliseum) (a) The work includes:(i) to set up to 8 rows of electrically operated retractable stands with chairs and guard rails up to 4 sides; (ii) to move up to 800 nos. of collapsible chairs and arrange them on the arena floor in accordance with the layout specified on site by the Management or in the Service Order; (iii) to lay PVC floor mats on the designated wheelchair seating zones in accordance with the layout specified on site by the Management or in the Service Order; and (iv) to dismantle and move the set of retractable stands back to the original storage position and collapsible chairs, guard rails and floor mats back to the storeroom(s). (b) Storage trucks are available for transportation of the collapsible chairs. (c) Specifications of the equipment and the operation instructions are available for reference at the management office of the Hong Kong Coliseum. (d) The setting up work must be completed within 3.5 hours and dismantling work within 2.5 hours from the time of commencement of provision of service required as specified in the Service Order. Service Specifications Tender Ref.: LCT 6006/21(S) Sheet 77 SERVICE SPECIFICATIONS Requirements of Services for the Hong Kong Coliseum and the Queen Elizabeth Stadium Group A – Hong Kong Coliseum (cont’d) Part D – Equipment Setting at Outdoor Area / Piazza / Arena of the Hong Kong Coliseum 1. Equipment Setting for Public Safety / Public Health Checking (a) The work includes:(i) to set out, including but not limited to, up to 400 nos. of mills barriers, 50 nos. of tables of around 1.8m x 0.6m, , 50 nos. of hand automatic hand disinfectant dispensers, 30 nos. of display stands, banners and stationeries or any other equipment/furniture upon requested by the Venue in the Piazza or Arena; (ii) at least 1 hour for the Management to check the setting on site and modified the setting immediately as instructed up to the satisfaction of the Management; and (iii) to dismantle, including but not limited to, the mills barriers, tables, automatic hand disinfectant dispensers, display stands, banners, stationeries or any other equipment/furniture set out during the set up period and move them back to the storeroom(s) or storage position as requested by the Venue after use. (b) Specifications of the equipment and the setting instructions are subject to change in accordance to the actual operation need of the events and are available for reference at the management office of the Hong Kong Coliseum. (c) The setting up work, including at least 1-hour time for the Management to check the setting on site with modification work must be completed within 4 hours and dismantling work within 2 hours from the time of commencement of provision of service required as specified in the Service Order. Service Specifications Tender Ref.: LCT 6006/21(S) Sheet 78 SERVICE SPECIFICATIONS Requirements of Services for the Hong Kong Coliseum and the Queen Elizabeth Stadium Group A – Hong Kong Coliseum (cont’d) Part E – Major Mechanical Handling Equipment at Hong Kong Coliseum to be provided by the Venue To facilitate the transportation of the sports/stage equipment and seating within the Hong Kong Coliseum premises, their setting up and dismantling processes, the Government will provide the following mechanical handling equipment to the Contractor. The Contractor should arrange staff who has acquired a valid certificate for driving and controlling the fork-lift truck(s) and ensure the staff’s compliance with the Occupational Safety and Health Ordinance and other statutory safety regulations while performing duties. (i) one (1) number of battery operated fork lift truck with a rated capacity of approximate 1,500kg, maximum lift height of approximate 3,000mm and tilt capability of approximate 3 degrees (forward) and 6 degrees (backward), fork length of approximate 1,100mm, turning radius of approximate 1,347mm, travel speed (full load) of approximate 12km/hour, (ii) two (2) numbers of battery operated fork lift truck with a rated capacity of approximate 2,000kg, maximum lift height of approximate 3,000mm and tilt capability of not less than 6 degrees (forward) and 10 degrees (backward), fork length of approximate 1,350-1,400mm, turning radius of approximate 1,800-2,000mm, travel speed (full load) of approximate 13.5-16.5km/hour; and (iii) two (2) numbers of hand pallet trucks, each capable of carrying weights up to 2,500kg. Part F – Duties of the Site Leader at Hong Kong Coliseum include but are not limited to:(i) assist the Officer-in-charge and act as the leader of Standby Workmen; (ii) follow the instructions given by the venue management and ensure each service is completed within given time period; (iii) work with the on-site Standby Workmen to perform the Service Order(s) and ensure the work of each service is up to the safety standard and satisfaction of the venues; (iv) closely monitor the performance of on-site Standby Workmen; (v) liaise with the venue management and implement any additional duties as instructed by the venues; and (vi) report immediately any irregularities found to the venue management. Part G – Duties of Standby Workmen at Hong Kong Coliseum include but are not limited to:(i) work on-site and follow the instructions given by the Site Leader or the venue management; Service Specifications Tender Ref.: LCT 6006/21(S) Sheet 79 SERVICE SPECIFICATIONS Requirements of Services for the Hong Kong Coliseum and the Queen Elizabeth Stadium Group A – Hong Kong Coliseum (cont’d) Part G – Duties of Standby Workmen at Hong Kong Coliseum include but are not limited to:- (cont’d) (ii) complete the tasks given by the Site Leader or the venue management within given time period; (iii) perform each Service Order up to the safety standard and satisfaction of the venues; and (iv) execute any additional duties as instructed by the Site Leader or the venue management. Service Specifications Tender Ref.: LCT 6006/21(S) Sheet 80 SERVICE SPECIFICATIONS Requirements of Services for the Hong Kong Coliseum and the Queen Elizabeth Stadium Group B – Queen Elizabeth Stadium Part A – Stage Equipment of the Queen Elizabeth Stadium 1. Demountable Open Stage (5-13 nos.) (Arena, Queen Elizabeth Stadium) (a) The equipment includes:(i) stage platform or resize of stage platform which involves changes: - from 5 to 13 nos. of 1.2m x 2.4m (4 feet x 8 feet) stage units with the necessary relating accessories to be arranged/set as per format and elevation(s) specified in the Service Order or on site as required by the Management; and - from 1 to 4 nos. of 1.2m x 2.4m (4 feet x 8 feet) stage units with the necessary relating accessories to be arranged/set as per format and elevation(s) specified in the Service Order or on site as required by the Management should be covered by Standby Workmen in Item 6(b) (under Group B) of Contract Schedule 1; (ii) orchestral risers: - up to 20 nos. of 1.2m x 2.4m (4 feet x 8 feet) riser units to be placed on the stage; (iii) stairway system: - 2 sets (1 set for each side) of stairways with handrails and/or 6 sets (3 sets for each side) of wooden stairways with handrails on both sides to be attached to the stage set at elevation(s) for access to the stage; (iv) guard rail system: - up to 20 nos. of guard rails to be fastened to the rear/side frame of the stage; (v) storage trucks: - for use of storing and transporting all stage units; (vi) adjustable stage draperies or skirting: - up to 15 pcs. for closure of the stage front and sides; (vii) cyclorama: - for visual projection and special lighting effects and/or masking; (viii) panel boards: - up to 20 nos. that will be set up on or off stage; (ix) portable loudspeakers: - up to 6 nos. (2 sets) of audio loudspeakers that will be placed on/near the stage by means of forklift as and when necessary; Service Specifications Tender Ref.: LCT 6006/21(S) Sheet 81 SERVICE SPECIFICATIONS Requirements of Services for the Hong Kong Coliseum and the Queen Elizabeth Stadium Group B – Queen Elizabeth Stadium (cont’d) Part A – Stage Equipment of the Queen Elizabeth Stadium (cont’d) (x) furniture: - speech podium on stage and collapsible tables/chairs for performers on stage, if required; (xi) musical equipment: - up to 7 nos. of choral risers and 1 upright piano on or off stage, if required; (xii) conductor system: - the system comprises of one adjustable high stool, a podium platform and an adjustable music stand, if required; (xiii) control panel: - up to 8 nos. of collapsible tables and 24 chairs on the retractable seating platform; (xiv) furniture at 2/F Lobby: - up to 20 nos. of panel boards, 12 tables, 24 chairs, 12 nos. of riser units, and 20 sets of tensabarriers, if required; (xv) furniture at G/F Admission Point: - up to 6 nos. of panel boards, 6 tables, 12 chairs and 20 sets of tensabarriers, if required; and (xvi) furniture at 3/F Dressing Rooms, Reception Rooms, 2/F VIP Lounge: - up to 6 nos. of panel boards, 4 tables and 20 chairs at each room, if required. (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Queen Elizabeth Stadium. (c) The setting up work must be completed within 1 hour and dismantling work within 1 hour from the time of commencement of provision of service required as specified in the Service Order. 2. Demountable Open Stage (14-65 nos.) (Arena, Queen Elizabeth Stadium) (a) The equipment includes:(i) stage platform: - from 14 to 65 nos. of 1.2m x 2.4m (4 feet x 8 feet) stage units with the necessary relating accessories to be arranged/set as per format and elevation(s) specified in the Service Order or on site as required by the Management; Service Specifications Tender Ref.: LCT 6006/21(S) Sheet 82 SERVICE SPECIFICATIONS Requirements of Services for the Hong Kong Coliseum and the Queen Elizabeth Stadium Group B – Queen Elizabeth Stadium (cont’d) Part A – Stage Equipment of the Queen Elizabeth Stadium (cont’d) (ii) orchestral risers: - up to 20 nos. of 1.2m x 2.4m (4 feet x 8 feet) riser units to be placed on the stage; (iii) stairway system: - 2 sets (1 set for each side) of stairways with handrails and/or 6 sets (3 sets for each side) of wooden stairways with handrails on both sides to be attached to the stage set at elevation(s) for access to the stage; (iv) guard rail system: - up to 20 nos. of guard rails to be fastened to the rear/side frame of the stage; (v) storage trucks: - for use of storing and transporting all stage units; (vi) adjustable stage draperies or skirting: - up to 15 pcs. for closure of the stage front and sides; (vii) cyclorama: - for visual projection and special lighting effects and/or masking; (viii) panel boards: - up to 20 nos. that will be set up on or off stage; (ix) portable loudspeakers: - up to 6 nos. (2 sets) of audio loudspeakers that will be placed on/near the stage by means of forklift as and when necessary; (x) furniture: - speech podium on stage and collapsible tables/chairs for performers on stage, if required; (xi) musical equipment: - up to 7 nos. of choral risers and 1 upright piano on or off stage, if required; (xii) conductor system: - the system comprises of one adjustable high stool, a podium platform and an adjustable music stand, if required; (xiii) control panel: - up to 8 nos. of collapsible tables and 24 chairs on the retractable seating platform; Service Specifications Tender Ref.: LCT 6006/21(S) Sheet 83 SERVICE SPECIFICATIONS Requirements of Services for the Hong Kong Coliseum and the Queen Elizabeth Stadium Group B – Queen Elizabeth Stadium (cont’d) Part A – Stage Equipment of the Queen Elizabeth Stadium (cont’d) (xiv) furniture at 2/F Lobby: - up to 20 nos. of panel boards, 12 tables, 24 chairs, 12 nos. of riser units, and 20 sets of tensabarriers, if required; (xv) furniture at G/F Admission Point: - up to 6 nos. of panel boards, 6 tables, 12 chairs and 20 sets of tensabarriers, if required; and (xvi) furniture at 3/F Dressing Rooms, Reception Rooms, 2/F VIP Lounge: - up to 6 nos. of panel boards, 4 tables and 20 chairs at each room, if required. (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Queen Elizabeth Stadium. (c) The setting up work must be completed within 1.5 hours and dismantling work within 1 hour from the time of commencement of provision of service required as specified in the Service Order. 3. Congregation/Orchestral Setting (Arena, Queen Elizabeth Stadium) (a) The equipment includes:(i) acoustic shells: - up to 10 units of acoustic panels assembled to form a free-standing sound canopy set at elevations; (ii) orchestral risers: - up to 46 nos. of 1.2m x 2.4m (4 feet x 8 feet) riser units; (iii) choral risers: - up to 7 nos. of collapsible risers; (iv) musician chairs : - up to 120 nos. of musician chairs, 90 music stands and 10 high stools; (v) piano: - one upright piano; (vi) conductor system: - the system comprises of one adjustable high stool, a podium platform and an adjustable music stand; Service Specifications Tender Ref.: LCT 6006/21(S) Sheet 84 SERVICE SPECIFICATIONS Requirements of Services for the Hong Kong Coliseum and the Queen Elizabeth Stadium Group B – Queen Elizabeth Stadium (cont’d) Part A – Stage Equipment of the Queen Elizabeth Stadium (cont’d) (vii) control panel: - up to 8 nos. of collapsible tables and 24 chairs on the retractable seating platform. (viii) furniture at 2/F Lobby: - up to 20 nos. of panel boards, 12 tables, 24 chairs, 12 nos. of riser units, and 20 sets of tensabarriers, if required; (ix) furniture at G/F Admission Point: - up to 6 nos. of panel boards, 6 tables, 12 chairs and 20 sets of tensabarriers, if required; (x) furniture at 3/F Dressing Rooms, Reception Rooms, 2/F VIP Lounge: - up to 6 nos. of panel boards, 4 tables and 20 chairs at each room, if required; and (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Queen Elizabeth Stadium. (c) The setting up work must be completed within 2 hours and dismantling work within 1 hour from the time of commencement of provision of service required as specified in the Service Order. Part B – Sports Equipment of the Queen Elizabeth Stadium 1. Wooden Flooring (Arena, Queen Elizabeth Stadium) (a) The equipment includes:(i) up to 233 nos. of wooden panels to be placed at the centre of the arena floor to form a flooring of 31.70m x 18.29m (104 feet x 60 feet). Taping of courts for various sports events is required; (ii) Small platform: - up to 16 nos. of 1.2m x 2.4m (4 feet x 8 feet) stage units to be placed at the edge of the arena floor, 10 tables and 20 chairs; (iii) Black Cloth: - to cover up the caves at Sections 1/8 and 4/5, if required; and (iv) Wooden Ramps: - to set up wooden ramps around the sides of the wooden flooring as and when necessary. Service Specifications Tender Ref.: LCT 6006/21(S) Sheet 85 SERVICE SPECIFICATIONS Requirements of Services for the Hong Kong Coliseum and the Queen Elizabeth Stadium Group B – Queen Elizabeth Stadium (cont’d) Part B – Sports Equipment of the Queen Elizabeth Stadium (cont’d) (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Queen Elizabeth Stadium. (c) 2. The setting up work must be completed within 5 hours and dismantling work within 4 hours from the time of commencement of provision of service required as specified in the Service Order. Badminton Equipment with Mats (Arena, Queen Elizabeth Stadium) (a) The equipment includes:(i) badminton rubberised roll-out: - up to 3 nos. of rubberised roll-out each measuring 6.7m x 14.6m; (ii) badminton posts and nets: - up to 3 sets of posts and nets. Each set of posts consists of 2 nos. free-standing posts (each of a height 1.523m) fixed by a weighted base of approximately 110kg; (iii) umpire chairs: - up to 3 nos. of high chairs for referees; (iv) folding table/chairs and benches for players and officials; (v) furniture at 2/F Lobby: - up to 20 nos. of panel boards, 10 tables, 20 chairs, 12 nos. of riser units, and 20 sets of tensabarriers, if required; (vi) furniture at G/F Admission Point: - up to 6 nos. of panel boards, 6 tables, 12 chairs and 20 sets of tensabarriers, if required; and (vii) furniture at 3/F Dressing Rooms, Reception Rooms, 2/F VIP Lounge: - up to 6 nos. of panel boards, 4 tables and 20 chairs at each room, if required. (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Queen Elizabeth Stadium. (c) The setting up work must be completed within 2 hours and dismantling work within 1 hour from the time of commencement of provision of service required as specified in the Service Order. Service Specifications Tender Ref.: LCT 6006/21(S) Sheet 86 SERVICE SPECIFICATIONS Requirements of Services for the Hong Kong Coliseum and the Queen Elizabeth Stadium Group B – Queen Elizabeth Stadium (cont’d) Part B – Sports Equipment of the Queen Elizabeth Stadium (cont’d) 3. Basketball Equipment (Arena, Queen Elizabeth Stadium) (a) The equipment includes:(i) basketball backstops: - 2 nos. (1 set) of hydraulic basketball backstops, including backstops protection padding, which are collapsible and can be raised by self-contained electric hydraulic power unit. The backstops can be transported on 4 castors; - erecting 1 no. of mounting for shot clock on top of each basketball backstop (1 pair in total), if required; - 1 no. of judge panel, including up to 2 nos. of 1.2m x 2.4m (4 feet x 8 feet) riser units with 2 sets of wooden stairways on both sides, 4 tables and 8 chairs; (ii) collapsible tables/chairs and benches for officials and players; (iii) protection pad: - up to 8 nos. to be set up at the caves at Sections 1/8 and 4/5; (iv) furniture at 2/F Lobby: - up to 20 nos. of panel boards, 10 tables, 20 chairs and 10 sets of tensabarriers, if required; (v) furniture at G/F Admission Point: - up to 6 nos. of panel boards, 6 tables, 12 chairs and 20 sets of tensabarriers, if required; and (vi) furniture at 3/F Dressing Rooms, Reception Rooms, 2/F VIP Lounge: - up to 6 nos. of panel boards, 4 tables and 20 chairs at each room, if required. (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Queen Elizabeth Stadium. (c) The setting up work must be completed within 1 hour and dismantling work within 1 hour from the time of commencement of provision of service required as specified in the Service Order. Service Specifications Tender Ref.: LCT 6006/21(S) Sheet 87 SERVICE SPECIFICATIONS Requirements of Services for the Hong Kong Coliseum and the Queen Elizabeth Stadium Group B – Queen Elizabeth Stadium (cont’d) Part B – Sports Equipment of the Queen Elizabeth Stadium (cont’d) 4. Boxing Equipment (Arena, Queen Elizabeth Stadium) (a) The equipment includes:(i) the platform: - up to 1 no. of platform with demountable truss structure measuring about 7.8m (W) x 7.8m (L) x 1.2m (H) ; - up to 4 nos. of skirting for closure of the platform; - up to 2 sets of attachable seating/ stool and other necessary accessories; (ii) the ring/canvas: - up to 4 padded corner posts and one canvas cover fitted to the platform and 3 ropes to be drawn tightly from the corner posts at equal intervals; (iii) the steps: - up to 3 sets of steps, two to be placed at the opposite corners for the use of contestants and seconds, one step in the neutral corner for the referees and doctor(s); (iv) weighting machine: - up to 1 no. of lever type weighting machines; (v) collapsible tables/chairs and benches for officials and players; (vi) furniture at 2/F Lobby: - up to 20 nos. of panel boards, 12 tables, 24 chairs, 12 nos. of riser units, and 20 sets of tensabarriers, if required; (vii) furniture at G/F Admission Point: - up to 6 nos. of panel boards, 6 tables, 12 chairs and 20 sets of tensabarriers, if required; and (viii) furniture at 3/F Dressing Rooms, Reception Rooms, 2/F VIP Lounge: - up to 6 nos. of panel boards, 4 tables and 20 chairs at each room, if required. (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Queen Elizabeth Stadium. (c) The setting up work must be completed within 2.5 hours and dismantling work within 2 hours from the time of commencement of provision of service required as specified in the Service Order. 5. Fencing Equipment (Arena, Queen Elizabeth Stadium) (a) The equipment includes:- Service Specifications Tender Ref.: LCT 6006/21(S) Sheet 88 SERVICE SPECIFICATIONS Requirements of Services for the Hong Kong Coliseum and the Queen Elizabeth Stadium Group B – Queen Elizabeth Stadium (cont’d) Part B – Sports Equipment of the Queen Elizabeth Stadium (cont’d) (i) metallic piste with or without wooden platform: 4 sets; (ii) metallic piste with or without wooden platform (for finals): 1 set; (iii) 6 sets of scoring and judging equipment and 1 set of test equipment; (iv) collapsible tables/chairs and benches for officials and players; (v) furniture at 2/F Lobby: - up to 20 nos. of panel boards, 12 tables, 24 chairs, 12 nos. of riser units, and 20 sets of tensabarriers, if required; (vi) furniture at G/F Admission Point: - up to 6 nos. of panel boards, 6 tables, 12 chairs and 20 sets of tensabarrier, if required; and (vii) furniture at 3/F Dressing Rooms, Reception Rooms, 2/F VIP Lounge: - up to 6 nos. of panel boards, 4 tables and 20 chairs at each room, if required. (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Queen Elizabeth Stadium. (c) The setting up work must be completed within 3 hours and dismantling work within 2 hours from the time of commencement of provision of service required as specified in the Service Order. 6. Gymnastics Equipment (Arena, Queen Elizabeth Stadium) (a) The equipment includes:(i) balance beam: 1 set; (ii) uneven bars: 1 set; (iii) vaulting horse: 1 set; (iv) pommel horse: 1 set; (v) floor ring set frame: 1 set; (vi) floor horizontal bar: 1 set; (vii) parallel bars: 1 set; (viii) vaulting board: 8 nos.; Service Specifications Tender Ref.: LCT 6006/21(S) Sheet 89 SERVICE SPECIFICATIONS Requirements of Services for the Hong Kong Coliseum and the Queen Elizabeth Stadium Group B – Queen Elizabeth Stadium (cont’d) Part B – Sports Equipment of the Queen Elizabeth Stadium (cont’d) (ix) (ix) (x) combined run-up track: 2 nos.; combined run-up track: 2 nos.; chalk holders: 8 nos.; (xi) floor exercise mat: 1 set; (xii) landing mats for (i), (ii), (iii), (iv), (v), (vi) and (vii): 1 set; (xiii) portable scoring equipment: up to 6 sets; (xiv) collapsible tables/chairs and benches for officials and players; (xv) furniture at 2/F Lobby: - up to 20 nos. of panel boards, 12 tables, 24 chairs, 12 nos. of riser units, and 20 sets of tensabarriers, if required; (xvi) furniture at G/F Admission Point: - up to 6 nos. of panel boards, 6 tables, 12 chairs and 20 sets of tensabarrier, if required; and (xvii) furniture at 3/F Dressing Rooms, Reception Rooms, 2/F VIP Lounge: - up to 6 nos. of panel boards, 4 tables and 20 chairs at each room, if required. (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Queen Elizabeth Stadium. (c) The setting up work must be completed within 6 hours and dismantling work within 4 hours from the time of commencement of provision of service required as specified in the Service Order. 7. Judo/Karatedo Equipment (Arena, Queen Elizabeth Stadium) (a) The equipment includes:(i) judo mats: - up to two competition areas (maximum size: 16m x 30m) or up to three (3) competition areas (maximum size of each: 8m x 7m); (ii) collapsible tables/chairs and benches for officials and players; (iii) furniture at 2/F Lobby: - up to 20 nos. of panel boards, 12 tables, 24 chairs, 12 nos. of riser units and 20 sets of tensabarriers, if required; Service Specifications Tender Ref.: LCT 6006/21(S) Sheet 90 SERVICE SPECIFICATIONS Requirements of Services for the Hong Kong Coliseum and the Queen Elizabeth Stadium Group B – Queen Elizabeth Stadium (cont’d) Part B – Sports Equipment of the Queen Elizabeth Stadium (cont’d) (iv) furniture at G/F Admission Point: - up to 6 nos. of panel boards, 6 tables, 12 chairs and 20 sets of tensabarriers, if required; and (v) furniture at 3/F Dressing Rooms, Reception Rooms, 2/F VIP Lounge: - up to 6 nos. of panel boards, 4 tables and 20 chairs at each room, if required. (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Queen Elizabeth Stadium. (c) The setting up work must be completed within 2 hours and dismantling work within 2 hours from the time of commencement of provision of service required as specified in the Service Order. 8. Table Tennis Equipment (Arena, Queen Elizabeth Stadium) (a) The equipment includes:(i) table tennis tables: - up to 4 nos. which constructed of hard wood; (ii) nets and clamps: - up to 4 sets; (iii) umpire chairs: - up to 4 nos. of high chairs for referees; (iv) table tennis surrounds; (v) collapsible tables/chairs and benches for officials and players; (vi) furniture at 2/F Lobby: - up to 20 nos. of panel boards, 10 tables, 20 chairs, 12 nos. of riser units, and 20 sets of tensabarriers, if required; (vii) furniture at G/F Admission Point: - up to 6 nos. of panel boards, 6 tables, 12 chairs and 20 sets of tensabarriers, if required; and (viii) furniture at 3/F Dressing Rooms, Reception Rooms, 2/F VIP Lounge: - up to 6 nos. of panel boards, 4 tables and 20 chairs at each room, if required. (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Queen Elizabeth Stadium. (c) The setting up work must be completed within 1 hour and dismantling work within 1 hour from the time of commencement of provision of service required as specified in the Service Order. Service Specifications Tender Ref.: LCT 6006/21(S) Sheet 91 SERVICE SPECIFICATIONS Requirements of Services for the Hong Kong Coliseum and the Queen Elizabeth Stadium Group B – Queen Elizabeth Stadium (cont’d) Part B – Sports Equipment of the Queen Elizabeth Stadium (cont’d) 9. Table Tennis Mats (Arena, Queen Elizabeth Stadium) (a) To set up and dismantle up to 3 sets of table tennis mats, each measuring 9m x 16.3m. (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Queen Elizabeth Stadium. (c) The setting up work must be completed within 3 hours and dismantling work within 2 hours from the time of commencement of provision of service required as specified in the Service Order. 10. Volleyball Equipment (Arena, Queen Elizabeth Stadium) (a) The equipment includes:(i) volleyball post with net and protection pad: - up to 1 set (2 posts, 1 pad and 1 net); (ii) vertical side marker: - up to 2 nos.; (iii) net measuring rod: - 1 no.; (iv) referee chair: - 1 no., hydraulically adjustable in height; (v) collapsible tables/chairs and benches for officials and players; (vi) furniture at 2/F Lobby: - up to 20 nos. of panel boards, 12 tables, 24 chairs, 12 nos. of riser units, and 20 sets of tensabarriers, if required; (vii) furniture at G/F Admission Point: - up to 6 nos. of panel boards, 6 tables, 12 chairs and 20 tensabarriers, if required; and (viii) furniture at 3/F Dressing Rooms, Reception Rooms, 2/F VIP Lounge: - up to 6 nos. of panel boards, 4 tables and 20 chairs at each room, if required. (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Queen Elizabeth Stadium. Service Specifications Tender Ref.: LCT 6006/21(S) Sheet 92 SERVICE SPECIFICATIONS Requirements of Services for the Hong Kong Coliseum and the Queen Elizabeth Stadium Group B – Queen Elizabeth Stadium (cont’d) Part B – Sports Equipment of the Queen Elizabeth Stadium (cont’d) (c) The setting up work must be completed within 1 hour and dismantling work within 0.5 hour from the time of commencement of provision of service required as specified in the Service Order. 11. Volleyball Turf (Arena, Queen Elizabeth Stadium) (a) The work includes:(i) to set out a set of volleyball turf; and (ii) to dismantle the set of volleyball turf after use. (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Hong Kong Coliseum via the Queen Elizabeth Stadium. (c) The setting up work must be completed within 6 hours and dismantling work within 4 hours from the time of commencement of provision of service required as specified in the Service Order. 12. Weight-lifting Equipment (Arena, Queen Elizabeth Stadium) (a) The equipment includes:(i) weight-lifting platform: - up to 1 set, each measuring 4,000mm x 4,000mm x 90mm, demountable platforms of laminated maple surface and steel framing; total weight is 1,280kg; (ii) weight-lifting practice platform: - up to 2 sets, each measuring 3,000mm x 3,000mm x 50mm, demountable platforms of rubber mats and steel framing, total weight of each set is 730kg; (iii) weight-lifting bars with collars and stand (squat stand): - up to 3 sets, overall length of bars is 2,200mm, total weight of each set is 25kg; - up to 1 set of squad stand, total weight is 115kg; (iv) complete set of discs and disc rack: - up to 2 sets of discs with different weights from 0.25kg to 25kg, total weight of each set is 410kg; - up to 2 sets of disc racks, total weight of each set is 42kg; (v) weighting machine: - up to 1 set of lever type weighting machine Service Specifications Tender Ref.: LCT 6006/21(S) Sheet 93 SERVICE SPECIFICATIONS Requirements of Services for the Hong Kong Coliseum and the Queen Elizabeth Stadium Group B – Queen Elizabeth Stadium (cont’d) Part B – Sports Equipment of the Queen Elizabeth Stadium (cont’d) (vi) collapsible tables/chairs and benches for officials and players, panels boards and tensabaarriers; (vii) black rubberised roll-out: - to set up black rubberised roll-out (3 feet width) around the sides of the weight-lifting platform as and when necessary; (viii) furniture at 2/F Lobby: - up to 20 nos. of panel boards, 12 tables, 24 chairs, 12 nos. of riser units, and 20 sets of tensabarriers, if required; (iv) furniture at G/F Admission Point: - up to 6 nos. of panel boards, 6 tables, 12 chairs and 20 sets of tensabarriers, if required; and (x) furniture at 3/F Dressing Rooms, Reception Rooms, 2/F VIP Lounge: - up to 6 nos. of panel boards, 4 tables and 20 chairs at each room, if required. (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Queen Elizabeth Stadium. (c) The setting up work must be completed within 2 hours and dismantling work within 1.5 hours from the time of commencement of provision of service required as specified in the Service Order. 13. Wooden Dance Flooring (Arena, Queen Elizabeth Stadium) (a) The equipment includes:(i) up to 493 nos. of wooden panels each measuring 914mm x 914mm (36.25 inches x 36.25 inches) to form a flooring of 26.52m x 15.69m (87 feet x 51 feet) to be placed at the centre of the arena floor; (ii) small platform: - up to 16 nos. of 1.2m x 2.4m (4 feet x 8 feet) stage units to be placed at the edge of the arena floor, 10 tables and 20 chairs; (iii) black cloth: - to cover up the caves at Sections 1/8 and 4/5, if required; (iv) black rubberised roll-out: - to set up black rubberised roll-out (3 feet width) around the sides of the wooden flooring as and when necessary; (v) (vi) collapsible tables/chairs for officials, VIP chairs, display panels tensabarriers and dampers; furniture at 2/F Lobby: - up to 20 nos. of panel boards, 12 tables, 24 chairs, 12 nos. of riser units, and 20 sets of tensabarriers, if required; Service Specifications Tender Ref.: LCT 6006/21(S) Sheet 94 SERVICE SPECIFICATIONS Requirements of Services for the Hong Kong Coliseum and the Queen Elizabeth Stadium Group B – Queen Elizabeth Stadium (cont’d) Part B – Sports Equipment of the Queen Elizabeth Stadium (cont’d) (vii) furniture at G/F Admission Point: - up to 6 nos. of panel boards, 6 tables, 12 chairs and 20 sets of tensabarriers, if required; and (viii) furniture at 3/F Dressing Rooms, Reception Rooms, 2/F VIP Lounge: - up to 6 nos. of panel boards, 4 tables and 20 chairs at each room, if required. (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Queen Elizabeth Stadium. (c) The setting up work must be completed within 5 hours and dismantling work within 2 hours from the time of commencement of provision of service required as specified in the Service Order. Part C – Seating of the Queen Elizabeth Stadium 1. End Stage Configuration (Arena, Queen Elizabeth Stadium) (a) The work includes:(i) to set up 4 nos. of portable retractable platforms, which can be manually or electrically operated with guidance system; (ii) to install side and rear safety aluminium railings and each railing is secured with standard sockets; (iii) to move up to 340 nos. of collapsible chairs from storerooms and place them on the retractable platforms; (iv) to move up to 280 nos. of collapsible chairs from storerooms and arrange them on the arena floor in accordance with the layout specified on site by the Management or in the Service Order; (v) to dismantle and move the set of retractable platforms back to the original storage position and collapsible chairs back to the storeroom(s); (vi) to stick seat labels on up to 620 nos. of collapsible chairs; (vii) to cover up vacant seats and the caves at Sections 1/8 and 4/5 with black cloths; (viii) to fix row plates on each rows of seating; (ix) to install the floor fixing bars in order to secure rows of seating, if required; Service Specifications Tender Ref.: LCT 6006/21(S) Sheet 95 SERVICE SPECIFICATIONS Requirements of Services for the Hong Kong Coliseum and the Queen Elizabeth Stadium Group B – Queen Elizabeth Stadium (cont’d) Part C – Seating of the Queen Elizabeth Stadium (cont’d) (x) to set up an control panel on the retractable platform by placing up to 8 nos. of collapsible tables and 24 nos. of chairs; (xi) to cover up the unused seats with black cloths, if required; and (xii) to place PVC floor mats on the designated Wheelchair Zone(s). (b) Storage trucks are available for transportation of the collapsible chairs. (c) Specifications of the equipment and the operation instructions are available for reference at the management office of the Queen Elizabeth Stadium. (d) The setting up work must be completed within 2 hours and dismantling work within 1.5 hours from the time of commencement of provision of service required as specified in the Service Order. 2. Central Stage Configuration (Arena, Queen Elizabeth Stadium) (a) The work includes:(i) to set up 4 nos. of portable retractable platforms, which can be manually and electrically operated with guidance system; (ii) to install side and rear safety aluminum railings and each railing is secured with standard sockets; (iii) to move up to 320 nos. of collapsible chairs from storerooms and place them on the retractable platforms; (iv) to move up to 330 nos. of collapsible chairs from storerooms and arrange them on the arena floor in accordance with the layout specified on site by the Management or in the Service Order; (v) to dismantle and move the set of retractable platforms back to the original storage position and collapsible chairs back to the storeroom(s); (vi) to stick seat labels on up to 650 nos. of collapsible chairs; (vii) to cover up vacant seats and the caves at Sections 1/8 and 4/5 with black cloths; (viii) to fix row plates on each rows of seating; (ix) to install the floor fixing bars in order to secure rows of seating, if required; Service Specifications Tender Ref.: LCT 6006/21(S) Sheet 96 SERVICE SPECIFICATIONS Requirements of Services for the Hong Kong Coliseum and the Queen Elizabeth Stadium Group B – Queen Elizabeth Stadium (cont’d) Part C – Seating of the Queen Elizabeth Stadium (cont’d) (x) (xi) to set up an control panel on the retractable platform by placing up to 8 nos. of collapsible tables and 24 nos. of chairs; to cover up the unused seats with black cloths, if required; and (xii) to place PVC floor mats on the designated Wheelchair Zone(s). (b) Storage trucks are available for transportation of the collapsible chairs. (c) Specifications of the equipment and the operation instructions are available for reference at the management office of the Queen Elizabeth Stadium. (d) The setting up work must be completed within 2.5 hours and dismantling work within 1.5 hours from the time of commencement of provision of service required as specified in the Service Order. Part D – Equipment Setting at the Multi-purpose Hall (MPH), Queen Elizabeth Stadium 1. Fencing Layout (Multi-purpose Hall, Queen Elizabeth Stadium) (Time allowed for arranging the equipment before use (2 hours) and after use (1 hour)) (a) The procedure includes:(i) removal and re-setting of up to 3 sets of badminton posts (6 nos.) and nets; (ii) setting and removal of fencing equipment as specified at Part B – Clause 5 of the Service Specifications; and (iii) setting and removal of collapsible tables/chairs and benches for officials and players. (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Queen Elizabeth Stadium. 2. Gymnastics Layout (Multi-purpose Hall, Queen Elizabeth Stadium) (Time allowed for arranging the equipment before use (4 hours) and after use (2 hours)) (a) The procedure includes:(i) removal and re-setting of up to 3 sets of badminton posts (6 nos.) and nets; (ii) setting and removal of minor gymnastics equipment as specified at Part B – Clause 6 of the Service Specifications; and (iii) setting and removal of collapsible tables/chairs and benches for officials and players. Service Specifications Tender Ref.: LCT 6006/21(S) Sheet 97 SERVICE SPECIFICATIONS Requirements of Services for the Hong Kong Coliseum and the Queen Elizabeth Stadium Group B – Queen Elizabeth Stadium (cont’d) Part D – Equipment Setting at the Multi-purpose Hall (MPH), Queen Elizabeth Stadium (cont’d) (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Queen Elizabeth Stadium. 3. Judo/Karatedo Layout (Multi-purpose Hall, Queen Elizabeth Stadium) (Time allowed for arranging the equipment before use (1 hour) and after use (1 hour)) (a) The procedure includes:(i) removal and re-setting of up to 3 sets of badminton posts (6 nos.) and nets; (ii) setting and removal of up to 3 sets of Judo mats and scale as specified at Part B – Clause 7 of the Service Specifications; and (iii) setting and removal of collapsible tables/chairs and benches for officials and players. (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Queen Elizabeth Stadium. 4. Table Tennis Equipment Layout (Multi-purpose Hall, Queen Elizabeth Stadium) (Time allowed for arranging the equipment before use (1 hour) and after use (0.5 hour)) (a) The procedure includes:(i) removal and re-setting of up to 3 sets of badminton posts (6 nos.) and nets; (ii) setting and removal of table tennis equipment as specified at Part B – Clause 8 of the Service Specifications; and (iii) setting and removal of collapsible tables/chairs and benches for officials and players. (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Queen Elizabeth Stadium. 5. Table Tennis Mats Layout (Multi-purpose Hall, Queen Elizabeth Stadium) (Time allowed for arranging the equipment before use (3 hours) and after use (2 hours)) (a) The procedure includes:(i) removal and re-setting of up to 3 sets of badminton posts (6 nos.) and nets; (ii) setting and removal of table tennis mat as specified at Part B – Clause 9 of the Service Specifications; and Service Specifications Tender Ref.: LCT 6006/21(S) Sheet 98 SERVICE SPECIFICATIONS Requirements of Services for the Hong Kong Coliseum and the Queen Elizabeth Stadium Group B – Queen Elizabeth Stadium (cont’d) Part D – Equipment Setting at the Multi-purpose Hall (MPH), Queen Elizabeth Stadium (cont’d) (iii) setting and removal of collapsible tables/chairs and benches for officials and players. (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Queen Elizabeth Stadium. 6. Volleyball Layout (Multi-purpose Hall, Queen Elizabeth Stadium) (Time allowed for arranging the equipment before use (1 hour) and after use (0.5 hour)) (a) The procedure includes:(i) removal and re-setting of up to 3 sets of badminton posts (6 nos.) and nets; (ii) setting and removal of volleyball equipment as specified at Part B Clause – 10 of the Service Specifications; and (iii) setting and removal of collapsible tables/chairs and benches for officials and players. (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Queen Elizabeth Stadium. 7. Weight-lifting (Multi-purpose Hall, Queen Elizabeth Stadium) (Time allowed for arranging the equipment before use (1 hour) and after use (0.5 hour)) (a) The procedure includes:(i) removal and re-setting of up to 3 sets of badminton posts (6 nos.) and nets; (ii) setting and removal of up to 1 set of weight-lifting equipment and scale as specified at Part B – Clause 12 of the Service Specifications; and (iii) setting and removal of collapsible tables/chairs and benches for officials and players. (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Queen Elizabeth Stadium. 8. Badminton Court Mats Layout (Multi-purpose Hall, Queen Elizabeth Stadium) (Time allowed for arranging the equipment before use (2 hours) and after use (1 hour)) (a) The procedure includes:(i) removal and re-setting of up to 3 sets of badminton posts (6 nos.) and nets; Service Specifications Tender Ref.: LCT 6006/21(S) Sheet 99 SERVICE SPECIFICATIONS Requirements of Services for the Hong Kong Coliseum and the Queen Elizabeth Stadium Group B – Queen Elizabeth Stadium (cont’d) Part D – Equipment Setting at the Multi-purpose Hall (MPH), Queen Elizabeth Stadium (cont’d) (ii) setting and removal of badminton court mats as specified at Part B – Clause 2 of the Service Specifications; and (iii) setting and removal of collapsible tables/chairs and benches for officials and players. (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Queen Elizabeth Stadium. Part E – Equipment Setting at the Function Rooms, Queen Elizabeth Stadium 1. Weight-lifting (Function Rooms, Queen Elizabeth Stadium) (Time allowed for arranging the equipment before use (0.5 hour) and after use (0.5 hour)) (a) The procedure includes setting and removal of up to 1 set of weight-lifting equipment and scale as specified at Part B – Clause 12 of the Service Specifications. (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Queen Elizabeth Stadium. 2. Furniture/Orchestral Setting (Function Rooms, Queen Elizabeth Stadium) (Time allowed for arranging the equipment before use (0.5 hour) and after use (0.5 hour)) (a) The setting includes:(i) up to 100 stacking chairs and music stands; (ii) the conductor's system which is comprised of an adjustable high stool, a podium and an adjustable music stand; and (iii) up to 12 tables. (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Queen Elizabeth Stadium. 3. Table Tennis Equipment Layout (Function Rooms, Queen Elizabeth Stadium) (Time allowed for arranging the equipment before use (1 hour) and after use (0.5 hour)) (a) The procedures includes setting and removal of table tennis equipment as specified at Part B – Clause 8 of the Service Specifications. Service Specifications Tender Ref.: LCT 6006/21(S) Sheet 100 SERVICE SPECIFICATIONS Requirements of Services for the Hong Kong Coliseum and the Queen Elizabeth Stadium Group B – Queen Elizabeth Stadium (cont’d) Part E – Equipment Setting at the Function Rooms, Queen Elizabeth Stadium (cont’d) (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Queen Elizabeth Stadium. 4. Table Tennis Mats Layout (Function Rooms, Queen Elizabeth Stadium) (Time allowed for arranging the equipment before use (2 hours) and after use (1 hour)) (a) The procedures includes setting and removal of table tennis mats as specified at Part B – Clause 9 of the Service Specifications. (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Queen Elizabeth Stadium. 5. Dance Floor Setting (Function Rooms, Queen Elizabeth Stadium) (Time allowed for arranging the equipment before use (2 hours) and after use (1 hour)) (a) The setting includes up to 6 rolls of rubber dance floor tiles; up to 210m2. (b) Specifications of the equipment and the operation instructions are available for reference at the management office of the Queen Elizabeth Stadium. Part F – Major Mechanical Handling Equipment at Queen Elizabeth Stadium to be provided by the Venue To facilitate the transportation of the sports/stage equipment and seating within the Queen Elizabeth Stadium premises, their setting up and dismantling processes, the Government will provide the following mechanical handling equipment to the Contractor. The Contractor should arrange staff who has acquired a valid certificate for driving and controlling the fork-lift truck(s) and ensure the staff’s compliance with the Occupational Safety and Health Ordinance and other statutory safety regulations while performing duties. (i) one (1) number of battery operated fork lift truck with a rated capacity of approximate 1,500kg at 500mm load centre, maximum lift height of approximate 3,000mm and tilt capability of approximate 6 degrees (forward) and 12 degrees (backward), fork length of approximate 1,000mm, turning radius of approximate 1,700 to 1,800mm, travel speed (full load) of approximate 15km/hour; (ii) four (4) numbers of hand pallet trucks, each capable of carrying weights up to 2,000kg; (iii) one (1) pair of electrical power assisted tractors for retracted movement of the seating platforms, operated with a true line opening and closing guidance system; and (iv) one (1) pair of pull bars to facilitate manual linear stretching of the retractable platform units. Service Specifications Tender Ref.: LCT 6006/21(S) Sheet 101 SERVICE SPECIFICATIONS Requirements of Services for the Hong Kong Coliseum and the Queen Elizabeth Stadium Group B – Queen Elizabeth Stadium (cont’d) Part G – Duties of the Site Leader at Queen Elizabeth Stadium include but are not limited to:(i) assist the Officer-in-charge and act as the leader of Standby Workmen; (ii) follow the instructions given by the venue management and ensure each service is completed within given time period; (iii) work with the on-site Standby Workmen to perform the Service Order(s) and ensure the work of each service is up to the safety standard and satisfaction of the venues; (iv) closely monitor the performance of on-site Standby Workmen; (v) liaise with the venue management and implement any additional duties as instructed by the venues; and (vi) report immediately any irregularities found to the venue management. Part H – Duties of Standby Workmen at Queen Elizabeth Stadium include but are not limited to:(i) work on-site and follow the instructions given by the Site leader or the venue management; (ii) complete the tasks given by the Site Leader or the venue management within given time period; (iii) perform each Service Order up to the safety standard and satisfaction of the venues; and (iv) execute any additional duties as instructed by Site Leader and the venue management. Service Specifications Tender Ref.: LCT 6006/21(S) Sheet 102 CONTRACT SCHEDULE 1 Rates for the Provision of Stadia Floor Services <To be inserted into Envelope A - Price Information> Provision of Stadia Floor Services to the Hong Kong Coliseum and the Queen Elizabeth Stadium 1. The rates quoted shall include (a) wages of the Standby Workmen, Site Leaders and Officer-in-charge to carry out the work and duties as described in the Service Specifications; (b) cost of items such as tools, ladders, instruments and equipment for works and labour required; (c) cost of transportation of the above mentioned tools/materials and workers or any materials or equipment supplied by the Management; and (d) any other expenses which may be incurred in complying with any of the Conditions of Contract, or conditions not specially mentioned in the Contract document and which the Contractor deems to impose a financial obligation. 2. Standard/Overnight Rates (a) When setting up and/or dismantling services for the equipment/seating are required, a Service Order to that effect will be signed by the Government Representative or his authorised representatives and sent to the Contractor. (b) When setting up and/or dismantling services are so ordered, the Contractor shall be deemed to be paid at the agreed rates specified under Standard Rate/Overnight Rate* in this Contract Schedule at the corresponding intervals Standard Period Overnight Period* Note* (c) - from 0900 hours - 2400 hours from 0000 hours - 0900 hours When a service is ordered for a period across midnight, e.g. from 2200 hours to 0300 hours the next day, Standard Rate is applicable to the duration before 2400 hours, i.e. 2200 hours - 2400 hours, while Overnight Rate is applicable to the duration beyond 2400 hours, i.e. 0000 hours - 0300 hours. The calculation of charges will be on pro rata basis. As Overnight Rates will be charged, the Contractor must comply with specifications in the Service Order including commencement of service provisions required at very early hours of the day. When a Black Rainstorm Warning Signal is in force or Tropical Cyclone Warning Signal No. 8 or above or “extreme conditions after super typhoons” announced by the Government is in effect for duration, and if the setting up and/or dismantling services shall deem to be carried out as so ordered, the Contractor shall be paid at the agreed rates as specified under Standard Rate/Overnight Rate as stated in clause 2 (b) above, no surcharge or additional transportation fees are to be paid. Contract Schedules Tender Ref.: LCT 6006/21(S) Sheet 103 CONTRACT SCHEDULE 1 Rates for the Provision of Stadia Floor Services <To be inserted into Envelope A - Price Information> 3. Estimated Numbers of Services The Government does not guarantee that Service Orders would be issued in accordance with the estimated number of Services as shown in this Contract Schedule or the estimated number of Services would be evenly distributed during the Service Period. Subject to the clause 25 of the Conditions of Contract, the actual Services requirements may vary depending on the actual needs of the Government and the Contractor must allow a mixed drawing of the items awarded. Contract Schedules Tender Ref.: LCT 6006/21(S) CONTRACT SCHEDULE 1 Rates for the Provision of Stadia Floor Services <To be inserted into Envelope A - Price Information> Sheet 104 Part A – Rates for Provision of Stadia Floor Services Group A – Hong Kong Coliseum Item 1 - Stage Equipment of the Hong Kong Coliseum Item Equipment Estimated No. of Services for Standard Period during the Service Period (a) Standard Rate per Service (HK$) (b) Estimated No. of Total Amount for Total Amount for Services for Overnight Services under Total Amount Services under Overnight Period Rate Overnight in the Standard Period during the per Service Period Service Period (HK$) Service Period (HK$) (HK$) (HK$) (c) = (a) x (b) (d) (e) (f) = (d) x (e) (g) = (c) + (f) 1(a) Demountable Open Stage 26 4 1(b) Congregation/Choral/Orchestral Setting 1 1 1(c) Dividing Curtain 22 8 Total for Item 1 (HK$) : (i.e. Item 1(a) + Item 1(b) + Item 1(c)) Note: Please refer to Part A (under Group A) of the Service Specifications for details of services required. Name of Tenderer : ___________________________________________________________________ Contract Schedules Tender Ref.: LCT 6006/21(S) CONTRACT SCHEDULE 1 Rates for the Provision of Stadia Floor Services <To be inserted into Envelope A - Price Information> Sheet 105 Group A – Hong Kong Coliseum Item 2 - Sports Equipment of the Hong Kong Coliseum Item Equipment Estimated No. of Services for Standard Period during the Service Period (a) Standard Rate per Service (HK$) (b) Total Amount for Estimated No. of Services under Services for Standard Overnight Period Period during the (HK$) Service Period (c) = (a) x (b) (d) Wooden Flooring (i) 112 feet x 60 feet 1 1 (ii) 128 feet x 128 feet 6 5 2(b) Badminton Equipment with Mats 4 5 2(c) Basketball Equipment 3 1 2(d) Boxing Equipment 1 1 2(e) Volleyball Turf 3 1 2(f) Volleyball Equipment 3 1 2(g) Rubberised Roll-out for Sports Events 1 1 2(a) Overnight Total Amount for Total Amount Services under in the Rate per Service Overnight Period Service Period (HK$) (HK$) (HK$) (e) (f) = (d) x (e) (g) = (c) + (f) Total for Item 2 (HK$) : (i.e. Item 2(a) + Item 2(b) + Item 2(c) + Item 2(d) + Item 2(e) + Item 2(f) + Item 2(g)) Note: Please refer to Part B (under Group A) of the Service Specifications for details of services required. Name of Tenderer : ___________________________________________________________________ Contract Schedules Tender Ref.: LCT 6006/21(S) CONTRACT SCHEDULE 1 Rates for the Provision of Stadia Floor Services <To be inserted into Envelope A - Price Information> Sheet 106 Group A – Hong Kong Coliseum Item 3 - Seating of the Hong Kong Coliseum Item Equipment Estimated No. of Services for Standard Period during the Service Period (a) Standard Rate per Service (HK$) (b) Total Amount for Estimated No. of Total Amount for Services under Services for Overnight Services under Total Amount in the Standard Overnight Period Rate Overnight Service Period Period during the per Service Period (HK$) Service Period (HK$) (HK$) (HK$) (c) = (a) x (b) (d) (e) (f) = (d) x (e) (g) = (c) + (f) 3(a) End Stage Configuration 20 2 Central Stage/Court Configuration 3(b) (up to 8 Rows of Retractable Stands with Chairs) without Additional Seats on Arena Floor 15 2 Central Stage/Court Configuration (up to 8 Rows of Retractable 3(c) Stands with Chairs) with Additional Seats on Arena Floor 8 2 Total for Item 3 (HK$) : (i.e. Item 3(a) + Item 3(b) + Item 3(c)) Note: Please refer to Part C (under Group A) of the Service Specifications for details of services required. Name of Tenderer : ___________________________________________________________________ Contract Schedules Tender Ref.: LCT 6006/21(S) Sheet 107 CONTRACT SCHEDULE 1 Rates for the Provision of Stadia Floor Services <To be inserted into Envelope A - Price Information> Group A – Hong Kong Coliseum Item 4 – Equipment Setting at Outdoor Area / Piazza / Arena Item 4 Equipment Equipment Setting at Outdoor Area / Piazza / Arena Estimated No. of Services for Standard Standard Period Rate during the per Service Service Period (HK$) (a) (b) Total Amount Estimated No. of for Services Services for under Standard Overnight Period Period during the (HK$) Service Period (c) = (a) x (b) (d) 105 Total Amount for Overnight Services under Overnight Rate Period per Service (HK$) (HK$) (e) (f) = (d) x (e) 5 Total for Item 4 (HK$) : Note: Please refer to Part D (under Group A) of the Service Specifications for details of services required. Name of Tenderer : ___________________________________________________________________ Contract Schedules Total Amount in the Service Period (HK$) (g) = (c) + (f) Tender Ref.: LCT 6006/21(S) Sheet 108 CONTRACT SCHEDULE 1 Rates for the Provision of Stadia Floor Services <To be inserted into Envelope A - Price Information> Group A – Hong Kong Coliseum Item 5 – Site Leader(s) and Standby Workmen (i) When Site Leader(s) and Standby Workmen are required, a specific written order to that effect will be signed by the Government Representative or his authorised representatives and sent to the Contractor, detailing the number of the Site Leader and/or Standby Workman to be employed and the length of time they are to continue working. (ii) When Site Leader(s) and Standby Workmen are so ordered, each Site Leader and workman shall be deemed to be paid as follows - Item 5(a) 5(b) Description Standard Estimated No. of Hourly Rate man-hours for per Site Leader / Standby Standard Period during the Workman Service Period (HK$) (a) (b) Site Leader (minimum of 2 hours per Service Order) 2 500 Standby Workman (minimum of 2 hours per Service Order) 25 000 ________ (per man-hour) ________ (per man-hour) Total Amount under Standard Period (HK$) (c) = (a) x (b) Overnight Estimated No. of Hourly Rate per Site Leader/ man-hours for Standby Overnight Period Workman during the (HK$) Service Period (d) (e) 330 Total Amount under Overnight Period (HK$) (f) = (d) x (e) ________ (per man-hour) 3 300 ________ (per man-hour) Total for Item 5 (HK$) : (i.e. Item 5(a) + Item 5(b)) Name of Tenderer : ___________________________________________________________________ Contract Schedules Total Amount in the Service Period (HK$) (g) = (c) + (f) Tender Ref.: LCT 6006/21(S) Sheet 109 CONTRACT SCHEDULE 1 Rates for the Provision of Stadia Floor Services <To be inserted into Envelope A - Price Information> Group A – Hong Kong Coliseum Item 6 - Additional Transportation Cost (i) When transportation of equipment from the Hong Kong Coliseum to the Queen Elizabeth Stadium or vice versa, is required, a Service Order to that effect will be signed by authorised representatives of the Venue Management and sent to the Contractor detailing the load of the equipment and the places where they are to be transported to and from. (ii) When the above Service Order is so ordered, the Contractor shall be paid per single trip as follows - Item Transportation 6 From Hong Kong Coliseum to Queen Elizabeth Stadium or vice versa Estimated No. of Unit Rate per Total Amount for Total Amount Estimated No. of Total Amount for Unit Rate per Measurement Measurement Measurement Weight Tons in the during the Weight Ton Tons during the Ton Ton Service Period Weight Ton (HK$) (HK$) Service Period (HK$) (HK$) Service Period (HK$) (a) (b) (c) = (a) x (b) (d) (e) (f) = (d) x (e) (g) = (c) + (f) 20 90 Total for Item 6 (HK$) : Notes: 1 measurement ton = 1 cubic meter (35.3 cubic feet) Address of: - Hong Kong Coliseum: 9 Cheong Wan Road, Hung Hom, Kowloon - Queen Elizabeth Stadium: 18 Oi Kwan Road, Wan Chai, Hong Kong Maximum loading capacity of the driveway leading to Queen Elizabeth Stadium garage is 2.5 tons. Name of Tenderer : ___________________________________________________________________ Contract Schedules Tender Ref.: LCT 6006/21(S) CONTRACT SCHEDULE 1 Rates for the Provision of Stadia Floor Services <To be inserted into Envelope A - Price Information> Group A - Hong Kong Coliseum Estimated Contract Value for Group A (i.e. Total for Item 1 + Item 2 + Item 3 + Item 4 + Item 5 + Item 6): HK$ . Note: (i) Tender price will be assessed on the basis of the Estimated Contract Value for each Group quoted by the Tenderer in this Contract Schedule. (ii) A Tenderer should note that its tender will be considered on a complete “Group” basis. A tenderer may bid to provide the Services for any Group(s). A tender with only partial offer in a Group will result in the tender for that Group not being considered further. Name of Tenderer : ___________________________________________________________________ Contract Schedules Sheet 110 Tender Ref.: LCT 6006/21(S) CONTRACT SCHEDULE 1 Rates for the Provision of Stadia Floor Services <To be inserted into Envelope A - Price Information> Sheet 111 Group B - Queen Elizabeth Stadium Item 1 - Stage Equipment of the Queen Elizabeth Stadium Item Equipment Estimated No. of Services for Standard Period during the Service Period (a) Standard Rate per Service (HK$) (b) Total Amount for Estimated No. of Total Amount for Services for Services under Overnight Services under Total Amount Overnight Period in the Standard Overnight Rate during the Service Period Period Period per Service Service Period (HK$) (HK$) (HK$) (HK$) (c) = (a) x (b) (d) (e) (f) = (d) x (e) (g) = (c) + (f) 1(a) Demountable Open Stage (5-13 nos.) 23 7 1(b) Demountable Open Stage (14-65 nos.) 145 45 1(c) Congregation/Orchestral Setting 3 1 Total for Item 1 (HK$) : (i.e. Item 1(a) + Item 1(b) + Item 1(c)) Note: Please refer to Part A (under Group B) of the Service Specifications for details of services required. Name of Tenderer : ___________________________________________________________________ Contract Schedules Tender Ref.: LCT 6006/21(S) CONTRACT SCHEDULE 1 Rates for the Provision of Stadia Floor Services <To be inserted into Envelope A - Price Information> Sheet 112 Group B - Queen Elizabeth Stadium Item 2 - Sports Equipment of the Queen Elizabeth Stadium Item Equipment Estimated No. of Services for Standard Period during the Service Period (a) Standard Rate per Service (HK$) (b) Total Amount for Estimated No. of Total Amount for Services for Services under Overnight Services under Total Amount Overnight Period in the Standard Overnight Rate during the Service Period Period Period per Service Service Period (HK$) (HK$) (HK$) (HK$) (c) = (a) x (b) (d) (e) (f) = (d) x (e) (g) = (c) + (f) 2(a) Wooden Flooring 25 6 2(b) Badminton Equipment with Mats 5 1 2(c) Basketball Equipment 15 3 2(d) Boxing Equipment 4 1 2(e) Fencing Equipment 1 1 2(f) Gymnastics Equipment 1 1 2(g) Judo/Karatedo Equipment 1 1 Note: Please refer to Part B (under Group B) of the Service Specifications for details of services required. Name of Tenderer : ___________________________________________________________________ Contract Schedules Tender Ref.: LCT 6006/21(S) CONTRACT SCHEDULE 1 Rates for the Provision of Stadia Floor Services <To be inserted into Envelope A - Price Information> Sheet 113 Group B - Queen Elizabeth Stadium Item 2 - Sports Equipment of the Queen Elizabeth Stadium (cont’d) Item Equipment Total Amount for Estimated No. of Total Amount for Estimated No. of Services for Services under Services for Overnight Services under Total Amount Overnight Period in the Standard Overnight Standard Period Standard Rate Rate during the Service Period Period Period during the per Service per Service Service Period (HK$) (HK$) Service Period (HK$) (HK$) (HK$) (a) (b) (c) = (a) x (b) (d) (e) (f) = (d) x (e) (g) = (c) + (f) 2(h) Table Tennis Equipment 4 1 2(i) Table Tennis Mats 10 1 2(j) Volleyball Equipment 1 1 2(k) Volleyball Turf 1 1 2(l) Weight-lifting Equipment 4 1 2(m) Wooden Dance Flooring 16 3 Total for Item 2 (HK$) : (i.e. Item 2(a) + Item 2(b) + Item 2(c) + Item 2(d) + Item 2(e) + Item 2(f) + Item 2(g) + Item 2(h) + Item 2(i) + Item 2(j) + Item 2(k) + Item 2(l) + Item 2(m)) Name of Tenderer : ___________________________________________________________________ Contract Schedules Tender Ref.: LCT 6006/21(S) Sheet 114 CONTRACT SCHEDULE 1 Rates for the Provision of Stadia Floor Services <To be inserted into Envelope A - Price Information> Group B - Queen Elizabeth Stadium Item 3 - Seating of the Queen Elizabeth Stadium Item Equipment Total Amount for Estimated No. of Total Amount for Estimated No. of Services for Services under Services for Overnight Services under Total Amount Overnight Period in the Standard Overnight Standard Period Standard Rate Rate during the Service Period Period Period during the per Service per Service Service Period (HK$) (HK$) Service Period (HK$) (HK$) (HK$) (a) (b) (c) = (a) x (b) (d) (e) (f) = (d) x (e) (g) = (c) + (f) 3(a) End Stage Configuration 80 25 3(b) Central Stage Configuration 12 4 Total for Item 3 (HK$) : (i.e. Item 3(a) + Item 3(b)) Note: Please refer to Part C (under Group B) of the Service Specifications for details of services required. Name of Tenderer : ___________________________________________________________________ Contract Schedules Tender Ref.: LCT 6006/21(S) CONTRACT SCHEDULE 1 Rates for the Provision of Stadia Floor Services <To be inserted into Envelope A - Price Information> Sheet 115 Part A – Rates for Provision of Stadia Floor Services Group B - Queen Elizabeth Stadium Item 4 - Equipment Setting at the Multi-purpose Hall, Queen Elizabeth Stadium Item Equipment Estimated No. of Services for Standard Period during the Service Period (a) 4(a) Fencing Layout 1 4(b) Gymnastics Layout 1 4(c) Judo/Karatedo Layout 1 4(d) Table Tennis Equipment Layout 1 4(e) Table Tennis Mats Layout 1 4(f) Volleyball Layout 1 4(g) Weight-lifting 1 4(h) Badminton Court Mats Layout 1 Unit Rate per Service (HK$) (b) Total for Item 4 (HK$) : (i.e. Item 4(a) + Item 4(b) + Item 4(c) + Item 4(d) + Item 4(e) + Item 4(f) + Item 4(g) + Item 4(h)) Note: Please refer to Part D (under Group B) of the Service Specifications for details of services required. Name of Tenderer : ___________________________________________________________________ Contract Schedules Total Amount in the Service Period (HK$) (c) = (a) x (b) Tender Ref.: LCT 6006/21(S) CONTRACT SCHEDULE 1 Rates for the Provision of Stadia Floor Services <To be inserted into Envelope A - Price Information> Sheet 116 Group B - Queen Elizabeth Stadium Item 5 - Equipment Setting at the Function Rooms, Queen Elizabeth Stadium Item Equipment Estimated No. of Services for Standard Period during the Service Period (a) 5(a) Weight-lifting 1 5(b) Furniture/Orchestral Setting 1 5(c) Table Tennis Equipment Layout 1 5(d) Table Tennis Mats Layout 1 5(e) Dance Floor Setting 1 Unit Rate per Service (HK$) (b) Total for Item 5 (HK$) : (i.e. Item 5(a) + Item 5(b) + Item 5(c) + Item 5(d) + Item 5(e)) Note: Please refer to Part E (under Group B) of the Service Specifications for details of services required. Name of Tenderer : ___________________________________________________________________ Contract Schedules Total Amount in the Service Period (HK$) (c) = (a) x (b) Tender Ref.: LCT 6006/21(S) Sheet 117 CONTRACT SCHEDULE 1 Rates for the Provision of Stadia Floor Services <To be inserted into Envelope A - Price Information> Group B - Queen Elizabeth Stadium Item 6 – Site Leader(s) and Standby Workmen (i) When Site Leader(s) and Standby Workmen are required, a specific written order to that effect will be signed by the Government Representative or his authorised representatives and sent to the Contractor, detailing the number of the Site Leader and/or Standby Workman to be employed and the length of time they are to continue working. (ii) When Site Leader(s) and Standby Workmen are so ordered, each Site Leader and Standby Workman shall be deemed to be paid as follows - Item 6(a) 6(b) Description Standard Estimated No. of Hourly Rate man-hours for per Site Leader / Standby Standard Period during the Workman Service Period (HK$) (a) (b) Site Leader (minimum of 2 hours per Service Order) 2 000 Standby Workman (minimum of 2 hours per Service Order) 8 000 ________ (per man-hour) ________ (per man-hour) Total Amount under Standard Period (HK$) (c) = (a) x (b) Overnight Estimated No. of Hourly Rate per Site Leader/ man-hours for Standby Overnight Period Workman during the (HK$) Service Period (d) (e) 225 Total Amount under Overnight Period (HK$) (f) = (d) x (e) ________ (per man-hour) 900 ________ (per man-hour) Total for Item 6 (HK$) : (i.e. Item 6(a) + Item 6(b)) Name of Tenderer : ___________________________________________________________________ Contract Schedules Total Amount in the Service Period (HK$) (g) = (c) + (f) Tender Ref.: LCT 6006/21(S) Sheet 118 CONTRACT SCHEDULE 1 Rates for the Provision of Stadia Floor Services <To be inserted into Envelope A - Price Information> Group B - Queen Elizabeth Stadium Item 7 - Additional Transportation Cost (i) When transportation of equipment from the Queen Elizabeth Stadium to Hong Kong Coliseum or vice versa, is required, a Service Order to that effect will be signed by authorised representatives of the Venue Management and sent to the Contractor detailing the load of the equipment and the places where they are to be transported to and from. (ii) When the above Service Order is so ordered, the Contractor shall be paid per single trip as follows - Item Transportation From Queen Elizabeth Stadium to 7 Hong Kong Coliseum or vice versa Estimated No. of Unit Rate per Total Amount for Total Amount Estimated No. of Total Amount for Unit Rate per Measurement Measurement Measurement Weight Tons in the during the Weight Ton Tons during the Ton Ton Service Period Weight Ton (HK$) (HK$) Service Period (HK$) (HK$) Service Period (HK$) (a) (b) (c) = (a) x (b) (d) (e) (f) = (d) x (e) (g) = (c) + (f) 20 90 Total for Item 7 (HK$) : Notes: 1 measurement ton = 1 cubic meter (35.3 cubic feet) Address of: - Hong Kong Coliseum: 9 Cheong Wan Road, Hung Hom, Kowloon - Queen Elizabeth Stadium: 18 Oi Kwan Road, Wan Chai, Hong Kong Maximum loading capacity of the driveway leading to Queen Elizabeth Stadium garage is 2.5 tons. Name of Tenderer : ___________________________________________________________________ Contract Schedules Tender Ref.: LCT 6006/21(S) Sheet 119 CONTRACT SCHEDULE 1 Rates for the Provision of Stadia Floor Services <To be inserted into Envelope A - Price Information> Group B – Queen Elizabeth Stadium Estimated Contract Value for Group B (i.e. Total for Item 1 + Item 2 + Item 3 + Item 4 + Item 5 + Item 6+ Item 7): HK$ . Note: (i) Tender price will be assessed on the basis of the Estimated Contract Value for each Group quoted by the Tenderer in this Contract Schedule. (ii) A Tenderer should note that its tender will be considered on a complete “Group” basis. A tenderer may bid to provide the Services for any Group(s). A tender with only partial offer in a Group will result in the tender for that group not being considered further. Name of Tenderer : __________________________________________________ Contract Schedules Tender Ref.: LCT 6006/21(S) Sheet 120 CONTRACT SCHEDULE 1 Rates for the Provision of Stadia Floor Services <To be inserted into Envelope A - Price Information> Part B - Payment Discount A Tenderer is requested to indicate in the space provided below what discount it would allow on the tender prices if payment is made in full within fourteen (14) clear working days from the date of receipt of the Contractor’s invoice or from the date of acceptance of the Services, whichever is the later : _______% discount. Note (i) A Tenderer is requested to insert the word ‘NIL’ in the space provided above if it does not offer any payment discount. It will be assumed no payment discount will be offered if the Tenderer does not input any figure in the space provided above. (ii) The fourteen (14) clear working days’ period for payment discount above shall be calculated from (excluding Saturdays or General Holiday) the date of the receipt of the Contractor’s invoice or the date of acceptance of the Services, whichever is the later. (iii) Any prompt payment discount offered by the Tenderer will not be taken into consideration in the tender price assessment. (iv) The prompt payment discount will be rounded to the nearest 2 decimal places, if the offered discount is more than 2 decimal places. Name of Tenderer : __________________________________________________ Contract Schedules Tender Ref.: LCT 6006/21(S) Sheet 121 CONTRACT SCHEDULE 2 Management Plan and Innovative Suggestion(s) < To be Inserted into Envelope B - Technical Information > Part A – Management Plan For details of Management Plan, please refer to clause 11 of the Terms of Tender. (Please use separate sheet if required) A Tenderer should note that its tender will not be considered further if by the Tender Closing Date or the Extended Tender Closing Date, as the case may be, the Tenderer fails to submit the Management Plan as required in this Contract Schedule 2. Part B – Innovative Suggestion(s) For details of the innovative suggestion(s) proposed, please refer to Note 2 of the Annex A – Tender Evaluation Procedures, Assessment Criteria and Marking Scheme of the Terms of Tender. 1.___________________________________________________________________________ 2.___________________________________________________________________________ 3.___________________________________________________________________________ (Please use separate sheet if required) Name of Tenderer Contract Schedules : Tender Ref.: LCT 6006/21(S) Sheet 122 CONTRACT SCHEDULE 3 Experience of the Site Leader(s) < To be Inserted into Envelope B - Technical Information > Group A – Hong Kong Coliseum A Tenderer must propose at least one (1) individual full-time Site Leader for each Group the Tenderer is bidding, who must each possess at least two (2) aggregate years of working experience in monitoring the on-site execution of Floor Services for Events in Multi-purpose Venue within the past ten (10) years prior to the Tender Closing Date, as required in Clause 10.1 of the Terms of Tender. A Tenderer’s tender will not be considered further if the Tenderer failed to comply with the essential requirement as specified in Clause 10.1 of the Terms of Tender. Failure to provide the required information below by the Tender Closing Date or the Extended Tender Closing Date, as the case may be, will result in the Tender not being considered further. The assessment on whether the Site Leader(s) as proposed by the Tenderer is in compliance with Clause 10.1 of the Terms of Tender for the respective Group it is bidding will be solely based on information on the past experience of the proposed Site Leader(s) as stated in this Contract Schedule 3 by the Tender Closing Date or the Extended Tender Closing Date, as the case may be. In this connection, a Tenderer should submit with its tender information on relevant past experience of the proposed Site Leader(s) for the Group it is bidding as required in this Contract Schedule 3 for the assessment of its compliance with the essential requirements. Documentary proof, e.g. copy of employment contract showing the period of employment with post title, job descriptions, the scope of duties, etc. must be provided by the Tenderer to substantiate the claimed past experience of the proposed Site Leader(s) in the tender. Otherwise, the relevant claimed past experience will not be taken into account. Group A Information particulars of the proposed Site Leader(s) Name of the Site Leader : Position Held : Period of Employment (from dd/mm/yyyy to dd/mm/yyyy or present) at Employer’s Company with Name : Brief Job Duties in relation to the Provision of Floor Services to Event in Multi-purpose Venue(s) : Note: - The Site Leader proposed for Group A must not be the same person as proposed for Group B, if the Tenderer bids for both Groups A and B. - Please use separate sheet of paper, if required. Name of Tenderer Contract Schedules : Tender Ref.: LCT 6006/21(S) Sheet 123 CONTRACT SCHEDULE 3 Experience of the Site Leader(s) < To be Inserted into Envelope B - Technical Information > Group B – Queen Elizabeth Stadium A Tenderer must propose at least one (1) individual full-time Site Leader for each Group the Tenderer is bidding, who must each possess at least two (2) aggregate years of working experience in monitoring the on-site execution of Floor Services for Events in Multi-purpose Venue within the past ten (10) years prior to the Tender Closing Date, as required in Clause 10.1 of the Terms of Tender. A Tenderer’s tender will not be considered further if the Tenderer failed to comply with the essential requirement as specified in Clause 10.1 of the Terms of Tender. Failure to provide the required information below by the Tender Closing Date or the Extended Tender Closing Date, as the case may be, will result in the Tender not being considered further. The assessment on whether the Site Leader(s) as proposed by the Tenderer is in compliance with Clause 10.1 of the Terms of Tender for the respective Group it is bidding will be solely based on information on the past experience of the proposed Site Leader(s) as stated in this Contract Schedule 3 by the Tender Closing Date or the Extended Tender Closing Date, as the case may be. In this connection, a Tenderer should submit with its tender information on relevant past experience of the proposed Site Leader(s) for the Group it is bidding as required in this Contract Schedule 3 for the assessment of its compliance with the essential requirements. Documentary proof, e.g. copy of employment contract showing the period of employment with post title, job descriptions, the scope of duties, etc. must be provided by the Tenderer to substantiate the claimed past experience of the proposed Site Leader(s) in the tender. Otherwise, the relevant claimed past experience will not be taken into account. Group B Information particulars of the proposed Site Leader(s) Name of the Site Leader : Position Held : Period of Employment (from dd/mm/yyyy to dd/mm/yyyy or present) at Employer’s Company with Name : Brief Job Duties in relation to the Provision of Floor Services to Event in Multi-purpose Venue(s) : Note: - The Site Leader proposed for Group B must not be the same person as proposed for Group A, if the Tenderer bids for both Groups A and B. - Please use separate sheet of paper, if required. Name of Tenderer Contract Schedules :