General Conditions of Tender

General Conditions of TenderIndexGCT 1 DefinitionsGCT 2 Documents issuedGCT 3 Relevant documents not issuedGCT 4* Submission of tender (Formula approach)GCT 4* Submission of tender (Marking Scheme)GCT 5 Financial informationGCT 6 Unauthorised alterationsGCT 7 Discrepancies in the documentsGCT 8 Clarification of documentsGCT 9 Qualification of tenderGCT 10 Errors in tender submissionGCT 11 Correction rules for tender errorsGCT 12 Tenders in HK dollarsGCT 13 Tender negotiationGCT 14 Erratic pricingGCT 15 Tender addendaGCT 16 Tender clarificationsGCT 17 Unreasonably low bidsGCT 18 Site investigation informationGCT 19 CopyrightGCT 20 Management of sub-contractorsGCT 21 Submission of essential requirementsGCT 22 Contractors under suspensionGCT 23 Alternative tenders or designs uninvitedGCT 24 Offering GratuitiesGCT 25 Submission of further informationGCT 26 Anti-collusionGCT 27 Statement of convictions under the Immigration Ordinance (Cap. 115)GCT 28 Statement of convictions under the Employment Ordinance (Cap. 57)GCT 29 One tender only for holding companies or subsidiariesGCT 30 Admission, Promotion and Confirmation to the List of Approved ContractorsGCT 31 Ethical CommitmentGCT 32 Tender CostAmendment Sheet* alternativesGeneral Conditions of Tender (19.10.2004) Page 1 of 27

General Conditions of TenderClauseRemarks/Guidelines(b)One copy of booklet containing:(i)Form of Tender,*(ii) *Particular Preambles and Bills ofQuantities/*Schedule of Quantities/*Schedule of Rates,*(iii)*(iv)*(v)*(c)(d)*Plant and Labour Schedule/*EquipmentSchedule/*Schedules of Particulars,Summary of Tender,Schedule of Proportio ns to be used incalculating the Price Fluctuation Factor,One set of drawings as listed in ParticularSpecification Clause ..........,One set of the Electronic DisseminationPackage (EDP) consisting of:(i) Files containing the contents of thedocuments stated in sub-clauses (a), (b) and(c) above,(ii)(iii)The Licence Conditions on using the filesstated in (i) of this sub-clause,Supporting files containing informationon using the files in (i) of thissub-clause.GCT 3 Relevant documents not issuedThe following documents are not issued totenderers:(a)(i)*(ii)(iii)*(iv)Standard documents, namely:General Specification,Standard Method of Measurement,General Conditions of Contract,Nominated Sub-contract Conditions,* Delete/Modify as appropriate.The documents referred to in sub-clauses(a)(i) to (a)(vi) should be described in theParticular Specification with the full titlesand editions, e.g. “The Government of theHong Kong Special AdministrativeGeneral Conditions of Tender (19.10.2004) Page 3 of 27

General Conditions of TenderClauseRemarks/Guidelines(a)(i)*(ii)*(iii)*(iv)(b)(c)enclosed in a sealed envelope addressed,endorsed and deposited as required by theGazette Notification or Letter of Invitationto Tender or the Tender Notice:One set of documents referred to in Clause2(b)* above with:In an envelope clearly marked with thetender reference and the words 'TenderPrice Documents'The Form of Tender in hard copy formatfully completed, signed, witnessed anddated.The *Bills of Quantities/*Schedule ofQuantities/*Schedule of Rates in eitherhard copy format or electronic format [SeeNote 1] fully priced as to each item,extended, cast and totalled as appropriate.[See Note 2]Summary of Tender in either hard copyformat or electronic format.Column 3 in the Schedule of Proportions tobe used in calculating the Price FluctuationFactor completed, in hard copy format.A copy each of the documents submittedunder sub-clauses (1)(a)(i), *(1)(a)(ii),*(1)(a)(iii) and *(1)(a)(iv) of this Clause.The following submissions that arerequired by the General Conditions ofTender (GCT) and Special Conditions ofTender (SCT) [See Note 3]:(i) ……………… (GCT Clause [ ] )(ii) ……… ..… …… (SCT Clause [ ] )* Delete/Modify as appropriate.Note:1. Delete the option of electronicsubmission when the Bills ofQuantities or Schedule of Quantitiesor Schedule of Rates in the EDPhave not been provided in Excelformat2. In some contracts, e.g. term contracts,tenderers are not required to return theSchedule of Rates etc. in which casesub-clause (1)(a)(ii) should be deleted.3. All submissions required fromtenderers should be stated, quotingwhere the details of the requirementsare given, e.g. Clause 1 of the SpecialConditions of Tender.4. Attach an appendix to the GCT onthe prevailing technical requirementsfor tender submission in electronicformat (Appendix 6 to TC(W) No.39/2002)General Conditions of Tender (19.10.2004) Page 7 of 27

General Conditions of TenderClauseRemarks/GuidelinesIn another envelope clearly marked withthe tender reference and the words'Technical Submission'(d)Submissions on technical resources andtechnical proposals which are the subject ofevaluation in accordance with the markingscheme at [Annex to Notes to Tenderers]# [and more particularly described in SpecialConditions of Tender Clause ], in eitherhard copy format or electronic format.(e) The following submissions that arerequired by the General Conditions ofTender (GCT) and Special Conditions ofTender (SCT) [See Note 3]:(i) ……………… (GCT Clause [ ] )(ii) ……… ..… …… (SCT Clause [ ] )(2) If a tenderer submitted the documents ** Works Departments should stipulaterequired under sub-clause (1)(a) of this the prevailing rates which may fromClause in electronic format as allowed time to time be prescribed by thethereunder but failed to submit the required Secretary for Financial Services andcopy under sub-clause (1)(b) of this Clause, the Treasury. Ref: FSTB memothe tender opening team shall make the 10.12.2003 ref. (9) in FT 8/86 Pt. 2required copy in electronic format on the and memo 16.3.2004 ref. (20) intenderer's behalf. The tenderer may be PW1 TB/GEN/04asked to bear the cost of making the copy.The cost of duplication is currently set at$50** per electronic file and the materialcharge at $9.50** per CD-ROM.(3) If a tenderer submitted the documentsrequired under sub-clause (1)(a) of thisClause in hard copy format as allowed orrequired thereunder but failed to submit therequired copy under sub-clause (1)(b) ofthis Clause, the tender opening team shallmake the required photocopies on theGeneral Conditions of Tender (19.10.2004) Page 8 of 27

General Conditions of TenderClauseRemarks/Guidelinestenderer's behalf. The tenderer may beasked to bear the cost of making thephotocopies. The cost of photocopying iscurrently set at $5.5/$12** per copied page,which cost also covers material.(4) If a tenderer elects to submit the priced*Bills of Quantities/*Schedule ofQuantities/ *Schedule of Rates in hard copyformat and where a hard copy has beensupplied by the Employer, he should pricethe *Bills of Quantities/*Schedules ofQuantities/*Schedule of Rates on the hardcopy supplied by the Employer. If atenderer fails to do so, any extra costincurred by the Employer in checkingwhether the printed descriptions or figuresof the tender are identical to those in thehard copy supplied by the Employer isrecoverable by the Employer as a debt. Thetenderer whose tender has been so checkedshall pay such cost if demanded by theEmployer.(5) Where a document may be submitted inhard copy format or electronic format andif a tenderer makes two submissions for thesame document, one in hard copy formatand one in electronic format, thesubmission in hard copy format shall bediscarded.(6) All submission in electronic format shallcomply with the requirements set out inAppendix [ ] [See Note 4].GCT 5 Financial InformationThe tenderer shall, upon written request by the1 Architect/Engineer designate issued in accordanceRemember to insert Appendix.This is a non-essential submission.General Conditions of Tender (19.10.2004) Page 9 of 27

General Conditions of TenderClausewith General Conditions of Tender Clause 25,submit to the Engineer/Architect/Maintenancesurveyor* designate the financial information setout in Appendix [ ]. The information shall beused for tender assessment only and shall not formpart of the Contract.Remarks/Guidelines* Delete as appropriate.GCT 6 Unauthorised alterationsAny unauthorised alteration or erasure orobliteration to the text of the documents maycause the tender to be disqualified.GCT 7 Discrepancies in the documentsThe tenderer shall check the numbers of pages of alldocuments against page numbers given insummaries, and should he find any discrepancy orindistinctness, he must inform theEngineer/Architect/Maintenance surveyor*designate and have the same rectified.* Delete as appropriate.GCT 8 Clarification of documentsShould the tenderer for any reason whatsoever be indoubt about the precise meaning of any item orfigure contained in the documents he shall seekclarification from the *Engineer/Architect/Maintenance Surveyor designate.* Delete as appropriate.GCT 9 Qualification of tenderAny qualification of the tender may cause the tenderto be disqualified.GCT 10 Errors in tender submissionIn the event of a tenderer discovering an error in histender after it has been deposited, attention inwriting may be drawn to the error and anamendment submitted which, provided that theamendment shall have been deposited before thetime fixed for receipt of tenders, shall be accepted.General Conditions of Tender (19.10.2004) Page 10 of 27

General Conditions of TenderClauseRemarks/GuidelinesGCT 11 Correction rules for tender errorsWithout prejudice to other General Conditions ofTender and Special Conditions of Tender, if errorsand/or omissions are found in a tender during tenderexamination, such errors and/or omissions shall bedealt with in accordance with the principles and Note: Stipulate the technical circularrules contained in [ Environment, Transport and currently in force for correction of tenderworks Bureau Technical Circular (Works) No. errors.41/2002]. [See Note.]GCT 12 Tenders in HK dollarsUnless otherwise provided, the tender shall be inHong Kong dollars.GCT 13 Tender negotiationThe Employer reserves the right to negotiate withany tenderer about the terms of the offer.GCT 14 Erratic Pricing(1) Without prejudice to the generality of theother General Conditions of Tender andSpecial Conditions of Tender, the Employermay regard a tender as not being the mostadvantageous, irrespective of whether ornot it is the lowest tender or the tender withthe highest overall score, if in theEmployer’s opinion:(a) the Bills of Quantities/Schedules of Ratesof the tender have been priced erraticallywhether or not such erratic pricing is theresult of the application of Environment,Transport and Works Bureau TechnicalCircular (Works) No. 41/2002**; and* Delete as appropriate.** Stipulate the technical circularcurrently in force for correction oftender errors.(b) the erratic pricing is such as to expose theEmployer to an unacceptable level offinancial risk.General Conditions of Tender (19.10.2004) Page 11 of 27

General Conditions of TenderClauseRemarks/Guidelines(2) For the purposes of this Clause, “erraticpricing” means the situation where an itemor certain items in a Bill ofQuantities/Schedule of Rates are priced orstructured in such a way as to suggestsignificant and unjustified:-(a) inconsistency, irregularity ornon-uniformity as compared with item oritems of the same or similar nature in thesame Bill of Quantities/Schedule of Ratesor another Bill of Quantities/Schedule ofRates submitted by the same tenderer in thesame tendering exercise; or(b) deviation from prevailing market prices inrespect of the same or similar item or items.The expression “priced erratically” shall beconstrued accordingly.(3) In determining prevailing market price, theEmployer may take into account theEngineer designate’s estimates, the averageprice of the same item in other tenderssubmitted for the same tendering exercise,and/or the price of the same or similaritems in other tendering exercises aftermaking adjustment for changes in price inaccordance with inflation or deflation.GCT 15 Tender addendaShould the Employer require any amendments,clarifications, or adjustments to be made to the tenderdocuments for the purpose of tendering, the*Engineer/Architect/Maintenance surveyordesignate will issue to every tenderer numberedaddenda giving full details of such amendments etc.and the tender documents shall be taken as havingbeen amended, clarified or adjusted accordingly upon* Delete as appropriate.General Conditions of Tender (19.10.2004) Page 12 of 27

General Conditions of TenderClauseRemarks/Guidelinesthe issue of these addenda. The tenderer shallacknowledge receipt of these addenda.GCT 16 Tender clarificationsThe Employer will not consider any clarification orinformation submitted by a tenderer after close oftender irrespective of whether or not the clarificationor information is submitted at the invitation of theEmployer if such clarification or information wouldalter the tender in substance or give the tenderer anadvantage over the other tenderers.GCT 17 Unreasonably low bidsWithout prejudice to the generality of other GeneralConditions of Tender and Special Conditions ofTender, the Employer may reject a tender which inthe opinion of the Employer is unreasonably low interms of price and may therefore affect the tenderer’scapability to carry out and complete the Contractand/or deliver work of the quality required inaccordance with the terms of the Contract.GCT 18 Site investigation information(a)*Site investigation information *as listed inGCT Clause 2(c) is issued with the tenderdocuments/* as listed in GCT Clause 3 isavailable for inspection by appointment atthe Engineer/Architect/MaintenanceSurveyor designate’s office during normaloffice hours for the information of thetenderer. Any site investigationinformation, if issued, is to be returned to theEngineer/Architect/Maintenance surveyordesignate’s office after submission of thetender. The attention of the tenderer isdrawn to General Conditions of ContractClause 13 with regard to inspection of theSite.* Delete as appropriate.General Conditions of Tender (19.10.2004) Page 13 of 27

General Conditions of TenderClauseRemarks/Guidelines(b)Neither the Employer nor his agents orrepresentatives accept any responsibilitywhatsoever for the accuracy or sufficiency ofany information provided under this Clauseand the onus is on the tenderer to carry out athis own expense any further enquiries andinvestigations he requires for his owninformation.GCT 19 Copyright(a)(b)The documents, plans, drawings or othermaterials forming part of the tenderdocuments shall only be used by a tendereror any person authorized or licensed by thetenderer for the purpose of preparing histender. All other rights in the aforesaidmaterials are reserved by the relevantcopyright owners. The tenderer shall beliable to the Employer for breach of theforegoing by any such person as if thebreach were committed by the tenderer.The tenderer shall indemnify and keepindemnified the Employer against alllosses, liabilities, damages, costs, legalcosts, professional and other expenses ofany nature whatsoever incurred or sufferedby the Employer whether direct orconsequential arising out of any disputes orother claims or proceedings against theEmployer by any third party by reason ofany breach of sub-clause (a) above by thetenderer or any person authorized orlicensed by the tenderer. In thisconnection the tenderer shall submit withhis tender a Letter of Indemnity in the formset out in Appendix [ ] to these GeneralConditions of Tender duly executed by theGeneral Conditions of Tender (19.10.2004) Page 14 of 27

General Conditions of TenderClauseRemarks/Guidelinestenderer. Where the tenderer is anincorporated joint venture, he shall alsosubmit with his tender a Letter ofIndemnity in the form set out in Appendix[] to these General Conditions of Tenderduly executed by all the shareholders of theincorporated joint venture.GCT 20 Management of Sub-Contractors(1) The tenderer shall, upon written requestby the 1 Architect/Engineer designate issuedin accordance with General Conditions ofTender Clause 25, submit to theEngineer/Architect/Maintenance Surveyor*designate an outline Sub-contractorManagement Plan (SMP) which shallcontain information as required in theGuidelines on Scope and Contents of theSub-contractor Management Plan atAppendix [ ] to the Special Conditions ofContract. The outline SMP submitted shallnot form part of the Contract.* Delete as appropriate.Note: This is usually a non-essentialsubmission. However, if thesubmission of a SMP isconsidered an essentialrequirement (which is rare),sub-clause (1) will need to bere-worded to state that the SMPshall be submitted together withthe submission of the tender.(2) For the purpose of this Clause and Appendix[ ] to the Special Conditions of Contract, theterm ‘sub-contractor’ means all types ofsub-contractor including without limitationNominated Sub-contractor and specialistsub-contractor.GCT 21 Submission of essential requirementsWithout prejudice to other General Conditions ofTender or Special Conditions of Tender providingfor invalidating a tender submitted by a tenderer, thefailure of a tenderer to comply with any of thefollowing shall render his tender invalid:(i)submission of the Form of Tender requiredunder GCT Clauses 4(1)(a)(i) and 4(1)(b)Note: The items (i) and (ii) must belisted under this GCT. Please see alsoGeneral Conditions of Tender (19.10.2004) Page 15 of 27

General Conditions of TenderClauseRemarks/Guidelines(ii)*(iii)*(iv)*(v)*(vi)*(vii)*(viii)*(ix)submission of the *Bills of Quantities/*Schedule of Quantities/*Schedule of Ratesrequired under GCT Clauses 4(1)(a)(ii) and4(1)(b)submission of the programme of Worksrequired under SCT Clause [ ]submission of design required for part ofthe Works not covered by the Engineer’sdesign required under SCT Clause [ ]submission of Temporary Works designrequired under SCT Clause [ ]submission of Outline Safety Plan requiredunder SCT Clause [ ]submission of outline quality system forstructural concrete required under SCTClause [ ]submission of Sub-contractor ManagementPlan required under GCT Claus e 20.submission of outline Waste ManagementPlan required under SCT Clause [ ][*Delete as appropriate]the “remark” for SCT.* The items from (iii) onwards areused only in rare cases. Please referto the individual SCT Clause forguidance.These items are to be included asessential requirements if required tobe submitted by the tenderers. Ifthese are not regarded as essentialrequirements they should not berequired to be submitted.GCT 22 Contractors under suspension(1) If the tenderer or, if the tenderer is apartnership or an unincorporated orincorporated joint venture, any participantof the partnership or unincorporated jointventure or shareholder of the incorporatedjoint venture is under suspension fromtendering for *any of/*all of the followingcategory [or categories] of public works,his tender will not be considered unless thesuspension is lifted by the relevant worksRef: ETWB TC(W) No. 10/2004.General Conditions of Tender (19.10.2004) Page 16 of 27

General Conditions of TenderClauseRemarks/Guidelinesdepartment or the Environment, Transportand Works Bureau by the date set for theclose of tender, or if this has been extended,the extended date.[list the category or categories of publicworks](2) If the tenderer or, if the tenderer is apartnership or an unincorporated orincorporated joint venture, any participantof the partnership or unincorporated jointventure or shareholder of the incorporatedjoint venture is under voluntary suspens ionfrom tendering for *any of/*all of thefollowing category [or categories] of publicworks at the date of tender invitation butsubsequently revokes the voluntarysuspension without agreement in writingfrom either the relevant works departmentor the Environment, Transport and WorksBureau, its tender will not be considered.* Delete as appropriate.[list the category or categories of publicworks]GCT 23 Alternative tenders or designs uninvitedAlternative tenders or designs for which noinvitation has been made shall not be considered.Ref.: ETWB TC(W) No. 25/2004.GCT 24 Offering GratuitiesThe tenderer shall not and shall ensure that hisagents and employees shall not offer or give anyadvantage, gratuity, bonus, discount, bribe or loanof any sort to any agent or employee of theEmployer or to the Engineer/Architect/MaintenanceSurveyor* designate or to any member of theEngineer/Architect/Maintenance Surveyor*designate’s staff. Any breach of ornon-compliance with this Clause by the tenderer* Delete as appropriate.Ref: ETWB TCW No. 3/2004 “EthicalCommitment by Consultants andContractors” is relevant.General Conditions of Tender (19.10.2004) Page 17 of 27

General Conditions of TenderClauseRemarks/Guidelinesshall, without affecting the tenderer ’s liability forsuch breach or non-compliance, invalidate histender.”GCT 25 Submission of further informationThe tenderer shall upon written request by the*Architect/Engineer designate (which may be issuedat any time after the tender closing date) submit to the*Architect/Engineer designate within 7days of thedate of issue of the written request or withinreasonable time upon the written request thefollowing documents:#[(a) ............................................;(b) ..............................................; and(c) ...............................................]Failure to comply with this Clause by thetenderer shall render his tender invalid.* Delete as appropriate.Note: Non submission will be regarded aswithdrawal of tender.# Project office to specify the relevantdocuments with reference to therelevant GCT or SCT clause, e.g. theduly signed letter as referred to inGeneral Conditions of Tender Clause 26on Anti-collusion. Such documentsshould not contain information whichwill affect the evaluation process or themarking scheme.GCT 26 Anti-collusion(1) The tenderer shall not communicate to anyperson other than the Employer the amountof any tender, adjust the amount of anytender by arrangement with any otherperson, make any arrangement with anyother person about whether or not he or thatother person should or should not tender orotherwise collude with any other person inany manner whatsoever in the tenderingprocess until the tenderer is notified by theEmployer of the outcome of the tenderexercise. Any breach of or non-compliancewith this sub-clause by the tenderer shall,without affecting the tenderer’s liability forGeneral Conditions of Tender (19.10.2004) Page 18 of 27

General Conditions of TenderClauseRemarks/Guidelinessuch breach or non-compliance, invalidatehis tender.(2) Sub-clause (1) of this Clause shall have noapplication to the tenderer’s communicationsin strict confidence with his own insurers orbrokers to obtain an insurance quotation forcomputation of tender price andcommunications in strict confidence with hisconsultants or sub-contractors to solicittheir assistance in preparation of tendersubmission.(3) The tenderer shall, upon written request bythe * Architect/Engineer designate issued inaccordance with General Conditions ofTender Clause 25, submit to the*Architect/Engineer designate a duly signedletter in the form set out in Appendix [seebelow] to these General Conditions ofTender. The letter shall be signed by aperson authorised to sign Governmentcontracts on the tenderer’s behalf.1. Delete as appropriate.*. Delete as appropriate.Appendix [ ]To:The Government of the Hong Kong SpecialAdministrative RegionDear Sir/Madam,Confirmation Letter for Contract No. [ ][I/We] 1 , [(Name of the tenderer) of (Address of thetenderer)] 2 refer to [my/our] 1 tender for the aboveContract.[I/We] 1 confirm that as at the time ofsubmission of this letter and other than the ExceptedCommunications referred to in the last paragraph ofthis letter [I/we] 1 had not communicated to anyperson other than the Employer the amount of any1. Delete as appropriate.2. Where the tenderer comprises two ormore persons or companies acting inpartnership, joint venture orotherwise, this part in square bracketsshould be expanded to include theGeneral Conditions of Tender (19.10.2004) Page 19 of 27

General Conditions of TenderClausetender, adjusted the amount of any tender byarrangement with any other person, made anyarrangement with any other person about whether ornot that other person should tender or otherwisecolluded with any other person in any mannerwhatsoever and undertake that at any time thereafterin the tendering process for the above Contract [untilthe tenderer is notified by the Employer of theoutcome of the tender exercise]* and other than theExcepted Communications referred to in the last1paragraph of this letter [I/we] will notcommunicate to any person other than the Employerthe amount of any tender, adjust the amount of anytender by arrangement with any other person, makeany arrangement with any other person about whetheror not that other person should tender or otherwisecollude with any other person in any mannerwhatsoever.Remarks/Guidelinesrespective names and addresses ofsuch persons or as the case may becompanies.3. Where the tenderer comprises two ormore persons or companies acting inpartnership, joint venture orotherwise, all such persons or as thecase may be companies must sign.The signatory for each of suchpersons or companies shall be aperson authorized to signGovernment contracts on behalf ofthat person or as the case may becompany.In this letter, the expression “ExceptedCommunications ” means [my/our] 1communications in strict confidence with [my/our] 1own insurers or brokers to obtain an insurancequotation for computation of tender price andcommunications in strict confidence with [my/our]consultants or sub-contractors to solicit theirassistance in preparation of tender submission.(Signed for and on behalf of the tenderer) 3GCT 27 Statement of Convictions Under the Immigration Ordinance (Cap. 115)(1) A tender will not be considered if, during the12-month period prior to the date set for theclose of tender, or if this has been extended,the extended date, the tenderer has had threeor more convictions in respect of separateincidents under Sections 17I or 38A of theImmigration Ordinance (Cap. 115) forRef: ETWB TC(W) No. 44/2002AGeneral Conditions of Tender (19.10.2004) Page 20 of 27

General Conditions of TenderClauseRemarks/Guidelines(2)employing illegal workers or for havingillegal workers on any site under thetenderer’s control, whether or not he hasbeen formally suspended as a result of suchconvictions. Illegal workers shall meanany persons on construction sites who areillegal immigrants; or any persons who,being not lawfully employable by virtue ofSection 17G(2) of the ImmigrationOrdinance, have committed an offenceunder Section 41 by contravening theconditions of stay in force in respect ofthem. If the tenderer is a partnership or anunincorporated or incorporated joint venture,the tender will not be considered if anyparticipant of the partnership orunincorporated joint venture or shareholderof the incorporated joint venture has hadthree or more such convictions during the12-month period, whether or not thatparticipant or shareholder has been formallysuspended as a result of such convictions.The tenderer shall submit, subject to GeneralConditions of Tender Clause 25/with thetender**, either a statement of allconvictions under Sections 17I or 38A of theImmigration Ordinance (Cap. 115) foremploying illegal workers or for havingillegal workers for all sites under his control(whether they are sites under public orprivate contracts) during the 12-month*period prior to the date set for the close oftender, or if this has been extended, theextended date, the details of which shallinclude the legislation violated, dates ofoffences, dates of convictions and theassociated fine imposed by the court, site** Delete as appropriate for FormulaApproach / Marking Scheme tenderevaluation.# For use intenders which EMSTF is eligible tobid* [or other period specified by theArchitect/Engineer where appropriateto cope with the assessment period fortender evaluation using the MarkingScheme.]General Conditions of Tender (19.10.2004) Page 21 of 27

General Conditions of TenderClauseRemarks/Guidelines(3)(4)#(5)addresses, contract numbers and contracttitles, or a statement of “no conviction”.The statement shall be certified by a personauthorized to sign Government contracts onthe tenderer’s behalf. #[, or in case ofEMSTF’s tender, a person authorized to signthe Service Level Agreement.]]If the tenderer is a partnership or anunincorporated or incorporated joint venture,each participant of the partnership orunincorporated joint venture or shareholderof the incorporated joint venture shallsubmit such a statement separately.Where the tenderer (including shareholdersand participants in joint ventures) is acompany it shall disclose any change ofname made during the period of twelvemonths* prior to the date set for the close oftender, or if this has been extended, theextended date, and shall include in itsstatement of all convictions any convictionrecorded under any previous name.For tenders submitted by EMSTF, the lettersof “non-compliance” issued by the relevantregulatory authorities shall also be treated asconviction records.** Delete as appropriate for FormulaApproach / Marking Scheme tenderevaluation.* [or other period specified by theArchitect/Engineer where appropriateto cope with the assessment period fortender evaluation using the MarkingScheme.]# For use in tenders which EMSTF iseligible to bidGCT 28 Statement Of Convictions Under The Employment Ordinance (Cap. 57)(1) A tender will not be considered if, during the12-month period prior to the date set for theclose of tender, or if this has been extended,the extended date, the tenderer has had threeor more convictions in respect of separateincidents under the Employment Ordinance(Cap. 57) which individually carrymaximum fines corresponding to Level 5 orRef. ETWB TC(W) No. 10/2004.General Conditions of Tender (19.10.2004) Page 22 of 27

General Conditions of TenderClauseRemarks/Guidelines(2)(3)higher within the meaning of Schedule 8 tothe Criminal Procedure Ordinance (Cap.221) on any site under the tenderer’s control,whether or not he has been formallysuspended as a result of such convictions.If the tenderer is a partnership oranunincorporated or incorporated joint venture,the tender will not be considered if anyparticipant of the partnership orunincorporated joint venture or shareholderof the incorporated joint venture has hadthree or more such convictions during the12-month period, whether or not thatparticipant or shareholder has been formallysuspended as a result of such convictions.The tenderer shall submit, subject to GeneralConditions of Tender Clause 25/ with thetender**, either a statement of allconvictions under the EmploymentOrdinance (Cap. 57) for all sites under hiscontrol (whether they are sites under publicor private contracts) during the 12-month*period prior to the date set for the close oftender, or if this has been extended, theextended date, the details of which shallinclude the legislation violated, dates ofoffences, dates of convictions and theassociated fine imposed by the court, siteaddresses, contract numbers and contracttitles, or a statement of “no conviction”.The statement shall be certified by a personauthorized to sign Government contracts onthe tenderer’s behalf. #[, or in case ofEMSTF’s tender, a person authorized to signthe Service Level Agreement.]If the tenderer is a partnership or anunincorporated or incorporated joint venture,** Delete as appropriate for FormulaApproach / Marking Scheme tenderevaluation.# For use in tenders which EMSTF iseligible to bidGeneral Conditions of Tender (19.10.2004) Page 23 of 27

General Conditions of TenderClauseRemarks/Guidelines(4)#(5)each participant of the partnership orunincorporated joint venture or shareholderof the incorporated joint venture shallsubmit such a statement separately.Where the tenderer (including shareholdersand participants in joint ventures) is acompany it shall disclose any change ofname made during the period of twelvemonths* prior to the date set for the close oftender, or if this has been extended, theextended date, and shall include in itsstatement of all convictions any convictionrecorded under any previous name.For tenders submitted by EMSTF, the lettersof “non-compliance” issued by the relevantregulatory authorities shall also be treated asconviction records.* [or other period specified by theArchitect/Engineer/MaintenanceSurveyor where appropriate to copewith the assessment period for tenderevaluation using the MarkingScheme.]# For use in tenders which EMSTF iseligible to bidGCT 29 One tender only for Holding Companies or subsidiaries(a)(b)(c)Unless otherwise provided in the SpecialConditions of Tender, no tenderer ispermitted to submit more than one tender foreach contract.A holding company and all of itssubsidiaries who are included in the [insertthe appropriate List] shall be allowed tosubmit only one tender from any one of thecompany in the group. The existence of aholding-subsidiary relationship shall bedetermined in accordance with theprovisions in Section 2(4) to (8) of theCompanies Ordinance (Cap. 32).Failure to observe the above conditions shallrender all related tenders null and void andany such tenders shall not be considered.New clause taken from CMH 2.11.1.General Conditions of Tender (19.10.2004) Page 24 of 27

General Conditions of TenderClauseRemarks/GuidelinesGCT 30 Admission, Promotion and Confirmation to the List of Approved Contractors(1)(2)A tender submitted by a contractor who is onprobation in the category(ies) of workspecified in the tender invitation and whoalready holds the maximum number ofcontracts or is otherwise ineligible to tenderaccording to the latest version of theContractor Management Handbook, will notbe considered unless he has become eligiblefor the award of a further contract by thedate set for the close of tender, or if this hasbeen extended, the extended date.A tenderer who has applied for admission orpromotion to the group specified in thetender invitation or who has applied forconfirmed status will be permitted to taketender documents in respect of a contract inthe relevant group or status and to submit atender. However, such a tender will not beconsidered unless his application foradmission or promotion or confirmation isapproved by the date set for the close oftender, or if this has been extended, theextended date.Advice to the tenderers about ETWBpolicy on the awarding of a contract to aprobationary contractor and to acontractor who has applied for upgradingwithin the appropriate Category asfollows (see ETWB TC(W) No. 10/2004).GCT 31 Ethical Commitment31 (1)(2)The tenderer shall not, and shall procure thathis employees, agents and sub-contractorsshall not, offer, solicit or accept anadvantage as defined in the Prevention ofBribery Ordinance, Cap. 201 in connectionwith the tendering and execution of thiscontract.Failure to so procure or any act of offering,soliciting or accepting advantage referred toin (1) above committed by the tenderer or byGeneral Conditions of Tender (19.10.2004) Page 25 of 27

General Conditions of TenderClauseRemarks/Guidelinesan employee, agent or sub-contractor of thetenderer shall, without affecting thetenderer’s liability for such failure and act,result in his tender being invalidated.GCT 32 Tender Cost32 The Employer shall not in anycircumstances be liable for any costs,expenses and damages incurred or sufferedby the tenderers in connection with thepreparation and submission of their tenders,in the event that this tender exercise iscancelled on any ground, [including on theground that funds are not available underSpecial Conditions of Tender Clause 9].*Note : Originated from the fundingapproval clause.* Delete the words in square brackets ifSCT 9 is not used.The following GCT clause has been transferred elsewhere as indicated: 5 Drawings Moved to SCTGeneral Conditions of Tender (19.10.2004) Page 26 of 27

General Conditions of TenderAmendments made since 18.8.2004Date of amendment Amendments made :19.10.2004 Contents page – amendment sheet added.19.10.2004 GCT 20 – Note added to remark column.19.10.2004 GCT 21 – GCT clause references corrected for sub-clauses (i)and (ii)19.10.2004 GCT 22 – References to Works Departments changed to read“relevant works departments”.General Conditions of Tender (19.10.2004) Page 27 of 27

APPENDIX [ ] TO THE CONDITIONS OF TENDERFinancial information required to be submitted in tender for public works Contracts(for tenderers already on the Approved Lists)(1) Tenderers shall provide the following documents if they have not already beensubmitted to the Finance Unit of Environment, Transport and Works Bureau before:(a)unconsolidated financial statements covering the period between the latest set ofaudited financial statements up to a date not earlier than 3 mont hs before thedate of submission;(b) financial statements of Hong Kong Branch or Office covering period mentionedin (a) above, if the tenderer is not incorporated in Hong Kong;(c) a list of current contracts held in hand with the Employer and the private sectorincluding the Hospital Authority and the Housing Authority, both as maincontractor or sub-contractor, with total and outstanding contract sums, contractperiod and time required to complete the outstanding portion of the contract; and(d) bank letters or agreements on existing banking facilities such as term loans andoverdraft.Copies of all statements submitted under paragraphs (a) to (d) above shall be certifiedtrue and correct by independent auditors or directors of the company.(2) All statements submitted should be prepared in English or Chinese.(3) In the case of a joint venture, financial and supplementary statements as mentionedunder paragraph (1) above for each participating company must be submitted.General Conditions of Tender (19.10.2004) Appendix to Conditions of Tender Page A1 of 2

Financial information required to be submitted in tender for publicworks contracts (for tenderers NOT on the Approved Lists)(1) Tenderers shall provide the following documents if they have not already been submitted tothe Finance Unit of Environment, Transport and Works Bureau before:(a) the original or copies of annual unconsolidated financial statements for the last threeaccounting years audited and certified by certified public accountants;(b) unconsolidated financial statements covering the period between the latest set ofaudited financial statements up to a date not earlier than 3 months before the date ofsubmission;(c) financial statements of Hong Kong Branch or Office covering periods mentioned in(a) and (b) above, if the tenderer is not incorporated in Hong Kong;(d) a statement giving details of significant events which occurred after the year end dateof the latest audited financial statements which would affect the tenderer’s financialposition;(e) a statement giving details of any off-balance sheet liabilities, including contingentliabilities, if not covered in the audited financial statements;(f)a list of current contracts held in hand with the Employer and the private sector includingthe Hospital Authority and the Housing Authority, both as main contractor orsub-contractor, with total and outstanding contract sums, contract period and timerequired to complete the outstanding portion of the contract; and(g) bank letters or agreements on existing banking facilities such as term loans andoverdraft.Copies of audited financial statements submitted under paragraph (a) and all documentsunder paragraphs (b) to (g) above shall be certified true and correct by independent auditorsor directors of the company.(2) All statements sub mitted should be prepared in English or Chinese.(3) Audited financial statements include auditors’ report, balance sheets, profit and lossaccounts and cash flow statements together with relevant notes showing details ofaccounting policies, shareholders’ fund, non-current assets and liabilities, investments,current assets and current liabilities.(4) The latest audited financial statements must be for a period ending no more than 18 monthsbefore the submission date.(5) In the case of a joint venture, financial and supplementary statements as mentioned underparagraph (1) above for each participating company must be submitted.General Conditions of Tender (19.10.2004) Appendix to Conditions of Tender Page A2 of 2