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General Conditions of Tender

General Conditions of Tender

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<strong>General</strong> <strong>Conditions</strong> <strong>of</strong> <strong>Tender</strong>ClauseRemarks/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 <strong>of</strong> suchconvictions. Illegal workers shall meanany persons on construction sites who areillegal immigrants; or any persons who,being not lawfully employable by virtue <strong>of</strong>Section 17G(2) <strong>of</strong> the ImmigrationOrdinance, have committed an <strong>of</strong>fenceunder Section 41 by contravening theconditions <strong>of</strong> stay in force in respect <strong>of</strong>them. If the tenderer is a partnership or anunincorporated or incorporated joint venture,the tender will not be considered if anyparticipant <strong>of</strong> the partnership orunincorporated joint venture or shareholder<strong>of</strong> 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 <strong>of</strong> such convictions.The tenderer shall submit, subject to <strong>General</strong><strong>Conditions</strong> <strong>of</strong> <strong>Tender</strong> Clause 25/with thetender**, either a statement <strong>of</strong> allconvictions under Sections 17I or 38A <strong>of</strong> 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 <strong>of</strong>tender, or if this has been extended, theextended date, the details <strong>of</strong> which shallinclude the legislation violated, dates <strong>of</strong><strong>of</strong>fences, dates <strong>of</strong> 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.]<strong>General</strong> <strong>Conditions</strong> <strong>of</strong> <strong>Tender</strong> (19.10.2004) Page 21 <strong>of</strong> 27

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