Tender Ref. :
TENDER FORM
AD200612015
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
the Supply of Crowd Management Vehicles to the Electrical and Mechanical Services Trading
Fund
TenderRoad,
Box situated
onPoint, Hong Kong
North Point Government Offices, 333 Java
North
before
12:00 noon
on
INTERPRETATION
PART 1 TERMS OF TENDER
PART 2 GENERAL CONDITIONS OF CONTRACT
Details on Interpretation, Terms of Tender and General Conditions of Contract used for tendering for the supply of goods to the Government of
the Hong Kong Special Administrative Region are contained in the Standard Tender Terms and General Conditions of Contract which are
available for viewing and downloading from the following website:
https://www.gldpcms.gov.hk/etb_prod/jsp_public/sm/ssm00105.jsp
Copies of the Standard Tender Terms and General Conditions of Contract 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)
Dated this
31st
day of
December
20 15
Having read the Tender Document, I/we agree to be bound by the terms and conditions as stipulated therein.
2. I/We do hereby agree to supply any or all of the Goods, during the Contract Period at the prices 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 Document.
3.
(a)
(b)
4.
I/We also certify that the particulars given by me/us below, are correct:
Dated this
Notes :
......................................................................................................
......................................................................................................
................................
day of ....................................................... 20 ...............
(i)
(ii)
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). A copy of each document constituting the Contract is hereby attached for
identification purposes.
....................................................................................................................................................................................................................................
....................................................................................................................................................................................................................................
....................................................................................................................................................................................................................................
....................................................................................................................................................................................................................................
....................................................................................................................................................................................................................................
Dated this
................................
day of ....................................................... 20 ...............
AD200612015
....................................
( )
1
2
https://www.gldpcms.gov.hk/etb_prod/jsp_public/sm/ssm00105.jsp?ACTION=SWITCH_TO_TRADITIONAL_CHINESE
9
333
h t t p : / / w w w. g l d . g o v. h k
2.
3.
(a )
( ....................................................................................................)
..............................................................................................................................
(b )
( ....................................................................................................)
..............................................................................................................................
..............................................................................................................................
4.
5.
.......................................................................................................................
1.
................................................................................................................................................................
6.
............................................................................................................
................................................................................................................................................................
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
................................................................................................................................................................
................................................................................................................................................................
7.
................................................................................................................................................................
................................................................................................................................................................
........................................................................
.......................................................................
...................................................................................................................................................
................................................................................................................................................................
................................................................................................................................................................
................................................................................................................................................................
................................................................................................................................................................
..............
...................
...................
........................................................................
........................................................................
........................................................................
.......................................................................
.......................................................................
........................................................................
In addition to the terms defined in the Interpretation Section of the Standard Terms
and Conditions under GLD-TERMS-1 (December 2015), the following terms are
applicable to this Invitation to Tender and the Contract:
Acceptance Note
Approved Checklist
Approved Timetable
Availability
Body Builder
Contract Date
Contract Price
Deadline Delivery
Date
Defective Vehicle(s)
Delayed Vehicle
desirable features
EMSD
Page 1 of 4
Factory Acceptance
Tests or FAT
FAT Report
HKPF
Item
local agent
mandatory features
Optional Items
party
Pre-delivery
Inspection or PDI
Ready to Use
Page 2 of 4
Site
Site Acceptance
Tests
Spare Parts
Technical Service
Technical
Specifications
means the date of the Tender Closing Time as the same may be
extended from time to time by the Government or otherwise in
accordance with the provisions of the Tender Document;
Total Quotation
Vehicle
Vehicle Price
Page 3 of 4
has the meaning given to the term in Clause 2.2 of the General
Conditions of Contract (GLD-TERMS-1 (December 2015)) and
include the warranties specified in Clause 14(a) of the Special
Conditions of Contract;
Warranty Period
Workshop or
workshop
(b)
(c)
All time stipulations set out in the Tender Document or Contract shall be determined
with reference to Hong Kong time.
(d)
The Government may change the Government Representative and/or its post title
from time to time as it thinks fit without prior notice to the Contractor.
Page 4 of 4
1.
Tender Document
This Tender Document, identified as AD200612015, comprises the Interpretation
Section, the Terms of Tender and the General Conditions of Contract (GLD-TERMS-1
(December 2015)) and the following documents:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
2.
Tenderers Enquiries
(a) Subject to Paragraph 2(b) below, any enquiries from a prospective Tenderer
concerning the tender terms other than the Technical Specifications or user
requirements of the Tender Document up to the date of the Tenderer lodging its
Tender with the Government shall be made in writing to the Director of Government
Logistics (Attn.: Senior Supplies Officer (A)) in one of the following ways:
(i)
Page 1 of 3
3.
Page 2 of 3
(c) In case Tropical Cyclone Warning Signal No. 8 or above is hoisted or Black
Rainstorm Warning Signal is in force for any duration at or after 0900 hours on
19 January 2016, the tender briefing session scheduled for that day will be
cancelled and the Government will notify prospective Tenderers who have
submitted the reply slip of the arrangements for the rescheduled tender briefing
session.
Page 3 of 3
1.
2.
3.
Contact Information
(a) Pursuant to Paragraph 7 of the Terms of Tender (GLD-TERMS-1 (December 2015)),
the Tenderer shall provide the details relating to itself in Part 1 of Schedule F
(Information Schedule).
(b) Pursuant to Paragraph 22 of the Terms of Tender (GLD-TERMS-1 (December 2015)),
the Tenderer shall provide its contact details in the Appendix of the Terms of Tender
(GLD-TERMS-1 (December 2015)), a copy of which is attached to the Terms of
Tender (Supplement).
Page 1 of 16
4.
Quotation
(a) The Tenderer shall quote, and any quotation submitted shall be deemed to be, an allinclusive unit price for a Vehicle and the total price for three (3) units of the Vehicle
(Total Quotation or Estimated Contract Price). The Total Quotation specified in
Schedule A (Price Schedule) shall be deemed to be the total price payable for all of the
following items and services to be provided and performed by the Contractor:
(i)
three (3) units of the Vehicle in Ready to Use condition and in full compliance
with all mandatory features applicable to such Item as stated in the Technical
Specifications, and also the desirable features (if and to the extent the Tenderer
has indicated compliance) to be delivered to Hong Kong on an F.I.S. basis before
the applicable Deadline Delivery Date;
(F.I.S. means free into store, i.e. the successful Tenderer is responsible for
delivering the Vehicles, with the fuel tank of each Vehicle filled up to at least
75% full to the Site at its own cost.)
(ii)
all handling, packaging, freight costs, carriage, insurance, shipping and local
delivery for all of the Vehicles;
(iii) all necessary modification, body construction, and body finish for the Vehicles as
well as installation of all such parts and equipment thereon specified as
mandatory features in the Technical Specifications and also those specified as
desirable features in the Technical Specifications (if and to the extent the
Tenderer has indicated compliance);
(iv)
all testing and inspection on the Vehicles in accordance with the terms of the
Contract, including without limitation to the Factory Acceptance Tests, the Predelivery Inspection and the Site Acceptance Tests;
(v)
(vi)
(vii) the provision of warranty repair and after-sales services for a minimum of
thirty-six (36) months (Warranty Period) for all parts of each of the Vehicles
and each part thereof in accordance with Clause 15 of the Special Conditions of
Contract and subject to any extension in accordance with Clause 16 of the
Special Conditions of Contract;
(viii) the procurement of all licences and permits for exporting the Vehicles to Hong
Kong; and
Terms of Tender (Supplement)
Page 2 of 16
(ix)
all other items, work and services to be provided and performed for the Vehicles
in accordance with the terms of the Contract.
A Tender with a quotation on delivery terms other than F.I.S./HK (e.g. F.O.B.,
C.I.F./HK) or without the provision of any of the above items or services will not
be considered further.
(b) To the extent a Tenderer intends to offer the relevant Optional Items, the Tenderer shall
provide the price quotation (unit price only) for each such Optional Item in Schedule A
(Price Schedule). The Tenderer should enter "N/C" (i.e. no charge) or other equivalent
expression for any of the Optional Items offered on a "free of all charges" basis. If the
Tenderer fails to enter any price quotation for any of the Optional Items, subject to any
clarification with the Tenderer concerned, it shall be deemed that the Tenderer offers
the Optional Items free of all charges to the Government. The rates of charges shall
form the basis of the Contract and shall be binding on the Tenderer for the term of the
Contract once accepted by the Government.
(c) Apart from the Total Quotation, the prices for the Optional Items and/or the Spare Parts
(the payment of which are subject to the terms and conditions of the Contract), under
no circumstances whatsoever will the Government be obliged to pay any other money
to the Contractor under or in connection with the Contract or in connection with the
Vehicles.
(d) Quotations shall be submitted in Hong Kong dollars or US dollars. Offers submitted
in other currencies will not be considered further.
(e) A Tenderer shall not quote different rates for the same model of Vehicle offered in
Schedule A (Price Schedule).
5.
Particulars of Offer
(a) A Tenderer shall provide the particulars of the offered Vehicles as required in
Part 1 of Schedule C (Product Information) together with its Tender before the
Tender Closing Time. Otherwise, the Tenderers Tender will not be considered
further.
(b) If the Tenderer is not the chassis manufacturer or the chassis manufacturers regional
representative/subsidiary of the Vehicles offered, the Tenderer shall submit together
with its Tender written undertaking issued by the chassis manufacturer or the chassis
manufacturers regional representative/subsidiary evidencing the agreement of the
chassis manufacturer or the chassis manufacturers regional representative/subsidiary to
supply such chassis to the Tenderer. The written undertaking shall be signed by a duly
authorised representative of the chassis manufacturer or the chassis manufacturers
regional representative/subsidiary. If a Tenderer fails to submit the written
Page 3 of 16
6.
Delivery Requirements
(a) Delivery of the three (3) units of the Vehicle in Ready to Use condition shall be made
on or before the last working day of the eighteen (18)-month period from the Contract
Date.
(b) A Tenderer may propose in Part 2 of Schedule C (Product Information) an alternative
delivery date for the Governments consideration. In any case, the alternative delivery
date must not be later than that specified in Paragraph 6(a) above. An earlier delivery
date is acceptable. A Tender will not be considered further if the alternative
delivery date is later than eighteen (18) months from the Contract Date. If the
proposed alternative delivery date is accepted by the Government, the Tenderer shall be
bound by such date.
(c) A Tenderer should note that if it offers to supply any of the Optional Items and such
Optional Item is accepted and ordered by the Government, the relevant Optional Item
should be delivered / provided together with the Vehicles.
7.
Warranty Requirements
(a) For each Vehicle, the successful Tenderer shall, either by itself or through its local
agent as specified in Part 2 of Schedule D (Details of Local Support), provide free
warranty repair and after-sales services in respect of that Vehicle and all parts of that
Vehicle with the scopes more particularly specified in Clause 15 and Clause 16 of the
Special Conditions of Contract for a minimum period of 36 months from the date of
Acceptance Note for that Vehicle to be issued by the Government, subject to any
extension under Clause 16 of the Special Conditions of Contract. A Tenderers
Tender which fails to comply with this essential requirement will not be
considered further.
(b) The Tenderer is required to confirm in Part 3 of Schedule C (Product Information) the
free warranty package that will be offered for the Vehicles which must be no less than
the minimum requirement specified in Paragraph 7(a) above. If a Tenderer does not
complete Part 3 of Schedule C (Product Information), it shall be deemed that the
Tenderer agrees to and is bound by the minimum free warranty requirement specified in
Clause 15 and Clause 16 of the Special Conditions of Contract.
(c) If a Tenderer offers any extended warranty period on top of the essential warranty
requirement specified in Paragraph 7(a) above, the Tenderer shall provide information
Page 4 of 16
8.
Local Support
(a) It is an essential requirement that either the Tenderer or its proposed local agent (as
proposed in Part 2 of Schedule D (Details of Local Support)) must have the following
workshop facilities, manpower resources and trade licences to provide the warranty
repair and after-sales services for the Vehicles:
(i)
Availability of Workshop
The Tenderer or its proposed local agent must have at least one (1) workshop
(Workshop) in Hong Kong and the proposed workshop must meet the following
criteria:
(1) the Workshop shall be able to serve at least one (1) Vehicle;
(2) the Workshop shall be equipped with facilities and equipment including at
least one (1) vehicle lift and one (1) welding machine for carrying out the
warranty repair and after-sales services;
(3) the operating hours of the Workshop shall be at least eight (8) hours a day
and six (6) days a week excluding public holidays (as defined in the
Interpretation and General Clauses Ordinance (Chapter 1 of the Laws of
Hong Kong)); and
(4) the Workshop shall be located in a building with sufficient clearance height
for the Vehicles.
(ii)
Page 5 of 16
Page 6 of 16
9.
Body Construction
(a) A Tenderer shall provide in Part 1 of Schedule E (Body Construction) the name of the
proposed Body Builder, which is responsible for the overall design and construction of
the Vehicles. If the Tenderer undertakes the overall design and construction of the
Vehicles itself, the Tenderer shall enter its own name in Part 1 of Schedule E (Body
Construction).
(b) If the Tenderer itself will not be responsible for the overall design and construction of
the Vehicles, the Tenderer shall submit together with its Tender a written undertaking
issued by the proposed Body Builder to the effect that the proposed Body Builder will
enter into sub-contract with the Tenderer to design and construct the Vehicles for the
Tenderer should the Tenderer be awarded the Contract. The written undertaking shall
be signed by a duly authorised representative of the Body Builder. If a Tenderer fails
to submit the written undertaking, if applicable, before the Tender Closing Time
or by the time which may subsequently be specified by the Government at the
Governments discretion, its Tender will not be considered further.
Page 7 of 16
(ii)
a period of not less than 180 days after the Tender Closing Date; and
(ii)
a period offered in the Tender for which it is to remain valid and open for
acceptance,
Page 8 of 16
Page 9 of 16
(ii)
(b) For the purposes of Paragraph 13(a) above, if there is any inconsistency between the
information provided by the Tenderer and those provided by the manufacturers of the
chassis, or vehicle body, or parts or equipment of the offered Vehicles (whether
provided through the Tenderer or obtained by the Government from other sources), the
tender evaluation will be based on the information provided by the manufacturer(s)
unless the Tenderer, upon the seeking of any clarification by the Government in
accordance with Paragraph 21 Request for Information of the Terms of Tender
(GLD-TERMS-1 (December 2015)), resolves such inconsistency to the satisfaction of
the Government. The Government may, but is not obliged to, seek clarification in the
event of any inconsistency.
(c) For desirable features of the Technical Specifications, a Tenderer shall complete a
point-by-point statement of compliance in the column on the right hand side of each
page of the Technical Specifications which sets out the desirable features concerning
the Vehicles. If the Tenderer does not complete the statement of compliance for a
Clause or a Sub-clause of the Technical Specifications, it shall be deemed that the
Tenderer confirms its compliance with such desirable features in that Clause or
Sub-Clause unless:
(i)
(ii)
Page 10 of 16
The Total Quotation for supplying three (3) units of the Vehicles as specified in
Item 1 of Schedule A (Price Schedule) will be used for price assessment.
(ii)
Page 11 of 16
Page 12 of 16
19. Negotiations
The Government reserves the right to negotiate with any Tenderer the terms of the
Tenderers Tender and conditions of the Contract. Normally, the Government may conduct
negotiation with the Tenderer whose Tender is identified as the most advantageous to the
Government in terms of the evaluation criteria set out in the Tender Document.
(ii)
the unit price and the Total Quotation for Item 1 of Schedule A (Price Schedule);
and
(ii)
(iii) supporting documents required in the Technical Specifications together with the
index of documentary evidence in Attachment II to the Technical Specifications
including without limitation the following:
Page 13 of 16
(v)
the information on the workshop which will carry out the warranty repair aftersales services, manpower resources, and trade license as required in Part 1 of
Schedule D (Details of Local Support);
(vi)
the name and contact details of the proposed local agent (if any) as required in
Part 2 of Schedule D (Details of Local Support);
(vii) details of the proposed Body Builder as required in Part 1 of Schedule E (Body
Construction);
(viii) the programme of construction work as required in Part 2 of Schedule E (Body
Construction);
Terms of Tender (Supplement)
Page 14 of 16
(ix)
(x)
the information under Schedule G (Price Terms for the Supply of Spare Parts) as
required in Paragraph 10(b) of these Terms of Tender (Supplement);
(xi)
(xii) the written undertaking issued by the proposed local agent (if any) as required in
Paragraph 8(d) of the Terms of Tender (Supplement);
(xiii) the written undertaking issued by the proposed Body Builder (if any) as required
in Paragraph 9(b) of the Terms of Tender (Supplement); and
(xiv) a copy of a relevant document showing that the authorised person(s) who sign(s)
the Offer to be Bound has/have the authority to sign for and on behalf of the
Tenderer.
The Tenderer should provide all the above items at the same time when it submits its
Tender. If any is found missing in a Tender, the Government may, but is not obliged
to, make a request for the missing item pursuant to Paragraph 21 Request for
Information of the Terms of Tender (GLD-TERMS-1 (December 2015)). If any of the
above information is still not provided by the time specified by the Government, the
Tenderers Tender will not be considered further.
(c) In addition to Paragraph 20(b) above, the Tenderer should provide the items below at
the same time when it submits its Tender:
(i)
(ii)
contact details of the Tenderer in Appendix of the Terms of Tender (GLDTERMS-1 (December 2015)).
Page 15 of 16
Page 16 of 16
Electrical and
Department
Mechanical
Services
Address:
Attn:
Facsimile Number:
Email address:
cmchung@emsd.gov.hk
Address:
Attn:
Controller (Procurement)
Facsimile Number:
Page 41 of 84
Contract Period
Subject to any provisions for earlier termination or extension of this Contract, this
Contract shall commence on the Contract Date and shall expire on the date of expiry of
the Fixed Price Period, both dates inclusive.
2.
Time Schedule
(a)
(b)
The Contractor shall ensure that the Vehicles shall be supplied and delivered to the
Site in Ready to Use condition no later than the deadline as specified below
(Deadline Delivery Date):
(i)
(ii)
To ensure punctual delivery of all of the Vehicles by the time limits referred to in
Clause 2(a) of this Part, the Contractor shall, within fourteen (14) days after the
Contract Date, submit to the Government Representative for consideration and
approval a draft timetable setting out the following information:
(i)
(ii)
Page 1 of 31
3.
(c)
(d)
(e)
The Contractor shall not make any changes to the Approved Timetable without the
prior written consent of the Government Representative.
(f)
The Contractor shall adhere to all requirements specified in this Contract including
the Deadline Delivery Dates and the Approved Timetable in its performance of the
Contract all of which are of the essence of the Contract.
Progress Report
(a)
The Contractor shall submit to the Government at the end of each month with
effect from the Contract Date monthly progress reports on the progress made in the
manufacturing, testing, inspection, commissioning and delivery of the Vehicles,
the extent to which each milestone set out in the Approved Timetable or the
Contract has been achieved, and such other information required by the
Government Representative from time to time.
(b)
If any milestone set out in the Approved Timetable or the Contract is not achieved
and it appears to the Contractor that it will not or may not be able to deliver any of
the Vehicles to the Government by the Deadline Delivery Date set out in Clause
2(a) of this Part, without prejudice to other rights and claims of the Government,
the Contractor shall immediately give notice of the delay in writing to the
Government with an explanation of the cause thereof. The Contractor shall also
provide all other additional information as the Government may subsequently
request. The Contractor shall take such steps as the Government Representative
may require to ensure that all of the Vehicles are delivered to the Government by
the applicable Deadline Delivery Date set out in Clause 2(a) of this Part.
(c)
Page 2 of 31
4.
The Contractor shall, on the date specified in the Approved Timetable and at the
Contractors own cost, submit each unit of the Vehicles to tests at the place where
the Vehicles are being manufactured or assembled (Manufacturing Site) to
demonstrate that the Vehicles comply with the requirements of the Contract
(including the Technical Specifications) and the FAT Test Plan (as defined below)
(Factory Acceptance Tests or FAT).
(b)
The scope of the FAT shall include but not be limited to the following:
(i)
(ii)
The Contractor shall ensure that all facilities and equipment necessary for carrying
out the FAT will be available at the Manufacturing Site throughout the FAT. Each
facility and equipment so provided must be validly certified to have been
calibrated by the relevant authority as required under the laws of the place of
Manufacturing Site. The Contractor shall also compile such documents as are
necessary to support the FAT and to serve as a reference for the results of the FAT.
(c)
The Contractor shall submit, at least eight (8) weeks prior to the carrying out of
FAT, a test plan showing:
(i)
(ii)
Page 3 of 31
(v)
The Government has the absolute discretion to decide whether or not to attend and
witness the carrying out of the FAT at the Manufacturing Site. If the Government
decides to attend the FAT, the Contractor shall make arrangement to enable at least
five (5) nominees of the Government Representative (collectively, Nominated
Persons and each, a Nominated Person) to attend and witness such FAT.
(e)
The Contractor shall duly record all results of the FAT of each unit of the Vehicles
in a report (including all defects, discrepancies, deficiencies and non-conformities
with the Technical Specifications (if any)) (FAT Report). Within fourteen (14)
working days after the completion of the FAT of the Vehicle, the Contractor shall
submit to the Government Representative for approval the FAT Report for each
Vehicle together with the proposed remedial actions to be taken by the Contractor
and the time to be taken to rectify any defects, discrepancies, deficiencies or nonconformities identified pursuant to the FAT (if any). Such remedial actions shall
include replacement of all defective parts and units with brand new parts and units
to ensure passing of the FAT. Unless the Government chooses to exercise any of
its rights under Clause 8(b) of this Part by notifying the Contractor to this effect,
the Contractor shall promptly implement all remedial actions approved by the
Government Representative within such period as approved by the Government
Representative to ensure that all of the defects, discrepancies, deficiencies and
non-conformities identified in the FAT Report are remedied to the satisfaction of
the Government within the approved time. The Contractor shall notify the
Government Representative in writing immediately upon completion of the
remedial actions.
(f)
Page 4 of 31
(i)
the Contractor shall re-conduct the FAT for the relevant Vehicles in the
presence of the Nominated Persons and re-issue the FAT Report;
(ii)
in the event that there is any defect, discrepancy, deficiency or nonconformity identified during the FAT under (i) above, the Contractor shall
propose for the Governments approval remedial actions for the remedy of
such defect, discrepancy, deficiency and/or non-conformity and the time
for carrying out such remedial actions; such remedial actions shall include
replacement of all defective parts and units with brand new parts and units
to ensure passing of the FAT; and
(iii)
the Contractor shall carry out the remedial actions as approved by the
Government within the time as approved by the Government.
(g)
(h)
The Contractor shall bear all costs and expenses of or in relation to the conduct of
an FAT, but save as provided in Clause 4(g) of this Part, the Contractor shall not
be liable for the accommodation expenses, subsistence allowance and the airfare
charges incurred by the Nominated Persons for the sole purpose of the FAT.
(i)
The Contractor shall not, and shall procure that no other person will, require any
Nominated Person to execute or give any waiver, indemnity, undertaking or any
other agreement of similar nature (whether or not in writing) in favour of any
person.
(j)
The Contractor shall not proceed to the next milestone in the Approved Timetable
including the Pre-delivery Inspection as mentioned in Clause 5 of this Part unless
and until the Government has notified the Contractor in writing that it is satisfied
with the results of the FAT of the Vehicle based on the FAT Report produced by
the Contractor. Any notification issued by the Government that a Vehicle passes
Page 5 of 31
5.
Pre-delivery Inspection
(a)
Upon a Vehicle passing the FAT, the Contractor shall deliver the Vehicle to Hong
Kong (if the Manufacturing Site is located outside Hong Kong). The Contractor
shall carry out Pre-delivery Inspections (PDI) on each of the Vehicles to ensure
the roadworthiness of the Vehicles. The PDI shall include without limitation to
inspection/testing of engine oil level, coolant level, battery voltage, braking
efficiency, tyre pressures, drive belt tension, steering linkage and connection,
lighting signals, door locks, braking system, body finish etc. and inspection on
other major features of the Vehicle to ensure the Vehicles roadworthiness and
compliance with all mandatory features and where applicable desirable features
stated in the Technical Specifications and the Approved Checklist (as defined in
Clause 5(b) of this Part). The Contractor shall inform the Government
Representative at least one (1) week before the PDI is carried out. The
Government has the absolute discretion to decide whether or not to attend and
witness the carrying out of the PDI. The Contractor shall make necessary
arrangement for the nominees of the Government Representative to attend and
witness the PDI if the Government Representative requires so.
(b)
At least six (6) weeks prior to conducting the PDI of the Vehicles, the Contractor
shall submit the PDI checklist which is recommended by the manufacturer of the
Vehicle to the Government Representative for approval. If in the reasonable
opinion of the Government Representative such PDI checklist does not provide
sufficient details to ensure the roadworthiness of the Vehicles and to verify
compliance by the Vehicles with each mandatory feature and where applicable
desirable feature stated in the Technical Specifications, the Contractor shall make
all amendments to such PDI checklist as the Government Representative may
request. The PDI checklist as approved by the Government Representative shall
be referred as Approved Checklist.
(c)
At least one (1) week before the delivery of each unit of the Vehicles to the Site,
the Contractor shall conduct the PDI on each unit of the Vehicles in accordance
with the Approved Checklist and such PDI shall be conducted in the presence of
the Government Representative if the Government Representative decides to
attend and witness the PDI.
(d)
The Contractor shall duly record all results of the PDI of each unit of the Vehicles.
Within seven (7) working days after completion of the PDI of a Vehicle, the
Contractor shall submit to the Government Representative for his acceptance a
report on that PDI for that Vehicle together with its results certified by the
Contractor or its authorised sub-contractor (Certified PDI Report).
Page 6 of 31
6.
(e)
Where the Certified PDI Report of a Vehicle reports any defect, discrepancy,
deficiency, or non-conformity, or otherwise the Government is not satisfied with
the Certified PDI Report or the results of the PDI of such Vehicle or otherwise
considers that the Vehicle or the PDI which has been conducted does not comply
with certain mandatory feature and/or where applicable desirable feature stated in
the Technical Specifications or the Approved Checklist (as the case may be),
unless the Government elects to exercise its rights under Clause 8(b) of this Part as
notified to the Contractor to this effect, the Contractor shall propose for the
Governments approval such remedial measures and the time for carrying such
remedial measures. Such remedial actions shall include replacement of all
defective parts and units with brand new parts and units to ensure passing of the
PDI. Upon approval by the Government to be sought as aforesaid, the Contractor
shall implement the remedial measures within the time approved.
(f)
Upon completion of the remedial measures pursuant to Clause 5(e) of this Part, the
Contractor shall re-conduct the PDI of the relevant Vehicle or such part thereof in
such manner and within such period specified by the Government Representative.
If the Contractor is required to re-conduct the PDI in respect of a Vehicle, all
provisions of this Contract in relation to a PDI shall apply to such re-conducted
PDI. For the avoidance of doubt, if all or any of the Vehicles still fails the PDI as
re-conducted (regardless of the number of occasion that it has been re-conducted),
the Government may at its option either demand additional remedial actions to be
taken under Clause 5(e) of this Part and re-conducting the PDI under this Clause
5(f) of this Part, or exercise its rights under Clause 8(b) of this Part.
(g)
The Contractor shall not proceed to the next milestone in the Approved Timetable
including the delivery to the Site and Site Acceptance Test as mentioned in Clause
6 of this Part unless and until the Government has notified the Contractor in
writing that it is satisfied with the results of the PDI of each Vehicle based on the
Certified PDI Report produced by the Contractor. Any notification issued by the
Government that a Vehicle passes the PDI shall not constitute as an acceptance of
the Vehicles or prejudice any of the other rights and powers of the Government
under the Contract or at law.
Where the Government is satisfied with the results of the PDI of a Vehicle as
notified by the Government to the Contractor in writing, the Contractor shall
deliver the Vehicle, with the fuel tank of such Vehicle filled up to at least 75% full
at the Contractors expense, to the Site in a finished and roadworthy condition on
an F.I.S. basis.
(b)
The Contractor shall comply with the laws of Hong Kong in transporting and
operating each unit of the Vehicles in Hong Kong. Without prejudice to the
generality of the foregoing, the Contractor shall obtain all licences, permits,
Page 7 of 31
Upon delivery of a Vehicle to the Site, the Contractor shall, at the Contractors
own expense and in the presence of the Government Representative, submit such
Vehicle to inspection and/or testing as prescribed by the Government (Site
Acceptance Tests) for a period of not more than five (5) working days to ensure
that the relevant Vehicle complies with all the requirements of the Contract
including without limitation all mandatory features and where applicable desirable
features stated in the Technical Specifications.
(d)
If the Vehicle or any part thereof fails in the Site Acceptance Tests, the
Government Representative may, unless he elects to exercise any of the
Governments rights under Clause 8(b) of this Part, suspend the Site Acceptance
Tests and direct the Contractor to carry out repairs or replacement of an original
part or unit with a new part or unit or modification of the Vehicle or any part
thereof (Affected Vehicle). On completion of such repairs or replacement or
modifications in accordance with the direction of the Government, the Contractor
shall under witness of the Government Representative retest the Affected Vehicle
to prove to the Government Representative that the relevant Vehicle is in
compliance with all the requirements of the Contract including without limitation
the Technical Specifications. The same procedures shall be repeated either until
the satisfactory completion of the Site Acceptance Tests, or the Government
Representative determines that the Vehicle has passed the test.
(e)
If repeated tests demonstrate that a Vehicle or any part thereof is not in conformity
with the requirements of the Contract including without limitation any of the
mandatory features or where applicable desirable features stated in the Technical
Specifications after seven (7) working days from the date on which such Vehicle
was first submitted to the Site Acceptance Tests, unless the Government elects to
exercise its rights under Clause 8(b) of this Part, the Contractor shall submit a
complete remedial plan to make good the Affected Vehicle for the Government
Representatives approval and upon such approval, the Contractor shall carry out
such remedial plan within the time approved by the Government Representative.
If no such remedial action plan is available or such remedial action plan when
implemented still cannot resolve the root cause of any defect to the satisfaction of
the Government, unless the Government elects to exercise its right under Clause
8(b) of this Part, the Government may proceed to rectify the defect by repair or
replacement, on its own or through a third party service provider. All costs
incurred by the Government arising from such repair or replacement (including
cost of replacement parts and units) shall be borne by the Contractor without
prejudice to any other rights which the Government may have against the
Contractor.
Page 8 of 31
Not Used
8.
(b)
If any Vehicle(s) fails any of the FAT, the PDI or the Site Acceptance Tests,
whether on the first occasion or any subsequent occasion when the relevant test is
repeated, or the Government is not satisfied that any Vehicle(s) has met all the
requirements of the Contract (including any of the mandatory features or where
applicable desirable features stated in the Technical Specifications, the FAT Test
Plan, and/or the Approved Checklist) (Defective Vehicle(s)), the Government
may, without prejudice to its other rights and claims, by written notice to the
Contractor elect to exercise any of its rights under (i) or (ii) below:
(i)
(ii)
(c)
If the Government exercises its right under Clause 8(b)(i) of this Part, within
fourteen (14) days after the date of the written notice issued by the Government
pursuant to Clause 8(b)(i) of this Part, the parties shall agree on the amount of
abatement, taking into account all the relevant circumstances. If the parties fail to
reach the agreement within such period, the Government may reject the Defective
Vehicle(s) under Clause 8(b)(ii) of this Part.
(d)
If the Government rejects the Defective Vehicle(s) under Clause 8(b)(ii) of this
Part, the Government may reject all the Vehicles or reject just the Defective
Vehicle(s) and terminate the Contract in relation to all the Vehicles under the
Contract pursuant to Clause 22(a)(v)(4) of this Part or just the Defective Vehicle(s)
only pursuant to Clause 22(c) of this Part. Upon such rejection and termination,
without prejudice and in addition to the other rights and claims of the Government
under the Contract and at law (including those as specified in Clause 23 of this
Part), the Contractor shall forthwith refund to the Government all monies
previously paid to the Contractor under the Contract in respect of all the Vehicles
or just the Defective Vehicle(s) together with interest to accrue in accordance with
Clause 18(i) of this Part.
Page 9 of 31
For the avoidance of doubt, the Government may exercise its right of rejection and
termination under Clause 8(d) of this Part in respect of a Vehicle in accordance
with the terms of Clause 8(d) of this Part regardless of the stage by which such
Vehicle has been built and/or passed any of the FAT, the PDI or the Site
Acceptance Tests (if any). Without prejudice to the generality of the foregoing, all
the Vehicle(s) may be rejected under Clause 8(d) of this Part even if only some of
the Vehicles are Defective Vehicles.
(f)
For the avoidance of doubt, nothing done by the Contractor pursuant to the
Contract and no act or omission on the part of the Government shall be construed
as any acceptance of a Vehicle unless and until an Acceptance Note has been
issued in respect of that Vehicle pursuant to Clause 8(a) of this Part.
(g)
Notwithstanding the issuance of any Acceptance Note and any payment of the
Contract Price (or any part thereof), the Government shall be entitled to, any time
within the first twelve (12) months of the Warranty Period in respect of all or any
of the Vehicle(s), reject such Vehicle(s) (Inherently Defective Vehicle(s)) by
giving a notice to this effect to the Contractor if:
(i)
(ii)
(1) such breach is not reasonably discoverable in the FAT, the PDI or the
Site Acceptance Tests; or (2) even the breach was discovered, the Contractor
has given assurance or representation to the Government prior to the
Governments acceptance of the Inherently Defective Vehicle(s) that the
defect or non-conformity causing the breach of the relevant Warrant(ies) has
been cured; and
Upon the issuance of a rejection notice pursuant to Clause 8(g) of this Part, the
Government may exercise any of the following rights as indicated by it in the same
rejection notice:
(i)
Page 10 of 31
to terminate the Contract pursuant to Clause 22(a)(v)(4) of this Part (if the
Inherently Defective Vehicle(s) relate to all of the Vehicles procured under
the Contract) or partially terminate this Contract pursuant to Clause 22(c) of
this Part (if the Inherently Defective Vehicle(s) only relate to some of the
Vehicles procured under the Contract).
(i)
(j)
(k)
For the avoidance of doubt, the right to reject a Defective Vehicle under any
applicable provision of the Contract shall be without prejudice to other rights and
claims of the Government under the Contract or at law (including without
limitation to right to rescind the Contract on ground of misrepresentation).
Without prejudice to the generality of the foregoing and other rights and claims of
the Government, the Government may in lieu of rejecting all or any of the
Defective Vehicles, and regardless of whether it would have been entitled to
proceed with rejection under the applicable provisions, claim indemnity from the
Contractor on the terms set out in Clause 21(b) of this Part in relation to any
breach of the Warranties including those set out in Clauses 2.1(a) to 2.1(c) of the
General Conditions of Contract (GLD-TERMS-1 (December 2015)) or Clause
14(a) of this Part.
Page 11 of 31
9.
Nothing in the Contract including without limitation Clause 8(g) of this Part shall
prejudice the Governments right to demand a replacement of all or any part of the
Vehicles in accordance with or pursuant to Clauses 15 and 16 of this Part.
All title, beneficial ownership, interest to, in and of each Vehicle in respect of
which an Acceptance Note has been issued, shall be and shall remain the exclusive
property of the Government and shall vest in the Government absolutely forthwith
from the issue of such Acceptance Note free and clear of all liens, claims,
mortgages, charges, and any other form of encumbrance, contractual rights, and
third party rights or interest of whatsoever nature.
(b)
Without prejudice to the generality of Clause 9(a) of this Part, all risks to and
arising from each Vehicle shall remain with the Contractor, and shall not pass to
the Government unless and until the issue of the Acceptance Note in respect of
such Vehicle. The Contractor shall be responsible for the due care, custody and
safe keeping of each Vehicle unless and until an Acceptance Note has been issued
in respect of such Vehicle.
(c)
The Contractor shall take out adequate property insurance in respect of each
Vehicle covering its full value whilst it is in transit and after it has arrived in Hong
Kong unless and until the issuance of the Acceptance Note in respect of such
Vehicle. If in relation to a Vehicle, the risks mentioned in Clause 9(b) of this Part
still remain with the Contractor as provided for under that Sub-clause, under no
circumstances whatsoever will the Government be liable or responsible for any
loss or destruction of that Vehicle or any other property or personal injury or death
of any person unless (i) any such loss or destruction of the Vehicle or any other
property is caused after the Vehicle has been delivered to the Site and that such
loss or destruction is due to the Governments gross negligence; or (ii) unless any
personal injury or death of any person is caused by the negligence (as defined in
the Control of Exemption Clauses Ordinance (Chapter 71 of the Laws of Hong
Kong)) of the Government.
Page 12 of 31
Upon request by the Government made at any time during the Fixed Price Period,
the Contractor shall forthwith supply and deliver to the Government such Spare
Parts as required by the Government within one (1) month from the date of the
order for such Spare Parts based on the prices quoted and fixed in the
comprehensive list of spare parts submitted by the Contractor in Part 1 of Schedule
G (Price Terms for the Supply of Spare Parts). Under no circumstances
whatsoever will the Government agree to any request for any upward adjustment
to the fixed unit price set out in the comprehensive list of spare parts attached to
Part 1 of Schedule G (Price Terms for the Supply of Spare Parts) within the Fixed
Price Period. After the expiry of the Fixed Price Period, the price of the Spare
Parts to be supplied during the Spare Part Supply Period shall be based on the
price quoted in the manufacturers prevailing master list.
(c)
Without prejudice to any other provision of the Contract, the Contractor warrants
that each Spare Part provided by the Contractor to the Government complies with
the Technical Specifications and the Warranties.
(d)
The Contractor shall submit to the Government, free of all charges, up-to-date
manufacturers master list on the Spare Parts within two (2) weeks after any
change is made to the manufacturers master list anytime during the Spare Part
Supply Period.
The Contractor shall supply free of charge to the Government the following
documentation (collectively, Documentation) in hard copy:
(i)
one (1) set of detailed electrical circuit, water piping and pneumatic (where
applicable) diagrams of the Vehicles (totally one (1) set under the Contract);
(ii)
(iii) one (1) brake test certificate in respect of each completed Vehicle under
fully laden conditions;
Special Conditions of Contract
Page 13 of 31
(iv)
(v)
(vi)
two (2) sets of drivers handbooks in both English and traditional Chinese.
The handbook shall cover, but not be limited to, operation procedures and
troubleshooting during operation; and
(vii) in addition to (vi) above, one (1) set of drivers handbook in both English
and traditional Chinese for each Vehicle.
The documents of (ii), (iii) and (vii) above shall be supplied at the time when the
relevant Vehicle is delivered to the Site. The documents of (i), (iv), (v) and (vi)
above shall be supplied at the same time when the first Vehicle is delivered to the
Site. Unless otherwise specified above, the Documentation shall be in either
English or traditional Chinese.
(b)
The Contractor shall also provide a soft copy of the manuals, handbooks and
catalogues stated in (iv), (v) and (vi) above, in compact disc (CD) or digital
video disc (DVD) format, at the same time when the first Vehicle is delivered
to the Site.
The Contractor shall arrange and provide (at no additional charge to the
Government as the Vehicle Price already covers them) the following training
courses and conduct demonstrations for drivers, operators and staff nominated by
the Government at a venue provided by the Government. The Contractor shall
submit a training proposal for the consideration and approval by the Government
Page 14 of 31
Four (4) one-day operation training courses, with training handouts in both
English and traditional Chinese, shall be conducted in Cantonese and
supplemented by English, if necessary, for a maximum of fifteen (15)
persons per training course in Hong Kong. The courses shall cover the
design, detailed operation and control of the Vehicles, full understanding of
all control systems, special tools, equipment and explanation on daily
servicing schedule and safety precaution for the drivers and operators;
(ii)
The Contractor shall provide, free of all charges to the Government, one (1) hard
copy and one (1) soft copy in portable document format or other equivalent format
of training aids (such as training videos) and course materials to each of the
trainees for the operation training courses and the comprehensive maintenance
training courses. All training materials shall be in both English and traditional
Chinese.
(c)
The Contractor shall, free of all charges to the Government, take videos and photos
and edit the movie clips on testing and commissioning of the Vehicles, the
operation training courses and the comprehensive maintenance training courses for
the subsequent Governments in-house training.
(d)
The Contractor shall bear all costs for any damage that may be caused due to
malfunction and/or system failure of the Vehicles in the demonstrations.
Page 15 of 31
each of the Vehicles shall be of merchantable quality and shall be fit for the
purposes for which it is intended throughout the Warranty Period and also
the serviceable life of at least nine (9) years of the Vehicle (Serviceable
Life). Without prejudice to the generality of the foregoing, each of the
Vehicles shall be safe and fit for the purpose of police operation throughout
the Warranty Period and the Serviceable Life of that Vehicle. The
Contractor agrees and acknowledges that the Government relies on the
professional judgement and skill of the Contractor to ensure that the Goods
are in compliance with all of the aforementioned requirements;
(ii)
the Vehicles shall conform to all applicable laws of Hong Kong including
without limitation the Road Traffic Ordinance (Chapter 374 of the Laws of
Hong Kong), and all of its subsidiary legislation, and all other Ordinances
and subsidiary legislation of Hong Kong in the versions as they exist on the
actual date such Vehicle shall become Ready to Use; and
Without prejudice to the rights and claims of the Government arising from any
breach of the Warranties under the Contract or at law, throughout the Warranty
Period in respect of each Vehicle, the Contractor undertakes to provide all such
warranty repair and after-sales services in Hong Kong for such Vehicle as
Page 16 of 31
In the event of any defect, or mal-function or deficiency of any Vehicle or any part
thereof being discovered during the Warranty Period, the Contractor shall repair or
arrange and procure the repair of, the defect, mal-function or deficiency, or at the
option of the Government, replace or arrange and procure the replacement of all
defective or mal-functional or deficient parts of the Vehicle with brand new Spare
Parts to the satisfaction and at no cost to the Government. The warranty repair
services to be provided during the Warranty Period shall include the provision of
all Spare Parts and labour free of charge to the Government.
(c)
Unless the Government requires that they be returned to the Government, the
Contractor may dispose of those spare parts which have been replaced in whatever
manner as the Government sees fit. If the replaced part is at the Government
premises but the Contractor has failed to collect it within the period notified by the
Government, the Government shall be at liberty to deal with the replaced part in
whichever manner the Government considers fit.
(d)
During the Warranty Period, the Contractor shall respond to the Governments
fault reports by attending on site within 24 hours.
(e)
(f)
If any defects or malfunction or deficiency is not made good within 72 hours after
the Contractor (or where applicable the local agent) has been notified of the same,
the Government may proceed to rectify the defects by repair or replacement, on its
Page 17 of 31
The Contractor shall be liable to perform all of its obligations under this Contract
including this Clause 15 regardless of whether or not the Vehicles, or any part
thereof, were manufactured by it. If it is not the manufacturer, without prejudice
to its obligations under this Contract, the Contractor shall ensure that the
manufacturer of all or any parts of the Vehicles provide the same warranty repair
and after-sales services as mentioned in this Clause 15 upon the demand of the
Government as if references to the Contractor mean such manufacturer.
(h)
The Vehicles will have to travel on rough and steep terrain. The anticipated
travelling distance for each Vehicle will be up to 20,000 km per year.
(i)
The Contractor shall provide technical support to the Government during and after
the Warranty Period, in particular in respect of defect, fault and/or failure in
connection with the use of the Vehicles during the Serviceable Life of each of the
Vehicles of nine (9) years.
(j)
16. Availability
(a)
The Contractor shall submit an availability report for each of the following periods
for each of the Vehicles until completion of the Warranty Period for that Vehicle.
The vehicle availability in respect of each Vehicle shall not be less than 97%
(Availability) in each of these periods:
Page 18 of 31
(i)
first year counting from the date of the Acceptance Note in respect of that
Vehicle;
(ii)
second year counting from the date of the Acceptance Note in respect of
that Vehicle;
(iii) third year counting from the date of the Acceptance Note in respect of that
Vehicle;
(iv)
(v)
The calculation formula for the availability for the Vehicle is:
Availability = 100% x (1 Note:
(b)
In the event that in respect of any of the periods specified in Clause 16(a) of this
Part, any one Vehicle fails to meet the 97% Availability, the Contractor shall
provide for free six (6) months extension of the Warranty Period for such failure
of the Availability threshold in respect of each of the Vehicles. The extension to
the Warranty Period will take effect upon expiry of the original Warranty Period
(as last extended (if any)). Each breach of the Availability shall give one
extension as aforesaid, and multiple breaches of the Availability during the
Warranty Period (whether before or after any extension) shall give multiple
extensions subject to a cap of twenty-four (24) months of total extensions per
Vehicle.
(c)
Page 19 of 31
If the Contractor fails to deliver to the Government a Ready to Use Vehicle by the
Deadline Delivery Date applicable to that Vehicle (Delayed Vehicle), the
Contractor shall pay to the Government within seven (7) days from the date of
demand, as and by way of liquidated damages, for the losses and damage sustained
by the Government resulting from the delay during the period from the Deadline
Delivery Date for that Delayed Vehicle to the date on which the Contractor
actually delivers to the Government the Delayed Vehicle in Ready to Use
condition, a sum of 0.5% of the Vehicle Price of that Vehicle, for each week of
such delay up to a total maximum of 10% of the Vehicle Price of that Delayed
Vehicle. Subject to the provisions of Clause 17(b) of this Part, the payment of
such sums shall be in full satisfaction of the Contractor's liability for such delay.
The payment of liquidated damages shall not relieve the Contractor from its
obligation to deliver to the Government the Vehicles in Ready to Use condition or
from any other liability or obligations under this Contract.
(b)
If the Contractor fails to deliver a Delayed Vehicle(s) or any part thereof in Ready
to Use condition within ninety 90 days after the applicable Deadline Delivery
Date, notwithstanding anything else contained in this Contract, the Government
shall be entitled to reject the Delayed Vehicle(s) and:
(i) if all Vehicles are Delayed Vehicles, the Government may at its sole
discretion, reject all Vehicles and terminate the Contract pursuant to
Clause 22(a)(v)(5) of this Part. Upon such rejection and termination, without
prejudice and in addition to the other rights and claims of the Government
under the Contract and at law (including those as specified in Clause 23 of
this Part), the Contractor shall forthwith refund to the Government all monies
previously paid to the Contractor under the Contract whether in respect of all
the Vehicles together with interest to accrue in accordance with Clause 18(i)
of this Part; and
(ii) if the Delayed Vehicle(s) forms only part of all Vehicles, the Government
may, at its sole discretion, reject just the Delayed Vehicle(s) and terminate the
Contract in relation to the Delayed Vehicle(s) only pursuant to Clause 22(c)
of this Part. Upon such rejection and termination, without prejudice and in
addition to the other rights and claims of the Government under the Contract
and at law (including those as specified in Clause 23 of this Part), the
Page 20 of 31
Payment for the Contract Price shall be made in accordance with the payment
timetable set out in the Schedule A (Price Schedule).
(b)
(c)
For a Contractor outside Hong Kong, payment will be made by telegraphic transfer
to the Contractors bank account as specified in Schedule B (Payment Terms). All
charges imposed by the banks outside Hong Kong shall be borne by the
Contractor. In addition, any charges imposed by the banks in Hong Kong for
carrying out any special request(s) by the Contractor shall be borne by the
Contractor, or the Contractor shall reimburse the Government for the same if the
Government has settled such charges with the bank.
(d)
The Contract Price is the only sum of money payable by the Government under the
Contract. All costs and expenses incurred by the Contractor whether or not
purportedly in discharge of its obligations under the Contract shall be borne by the
Contractor.
(e)
Notwithstanding anything in the Contract to the contrary, the Contract Price (or
any installment thereof) will only be paid within 30 days after (a) the due date for
such Contract Price (or an installment thereof), and (b) the Governments
acceptance of the Contractors invoice for such Contract Price (or an installment
thereof) amount which shall have included all proper deductions as required under
the Contract, whichever (a) or (b) is the later.
(f)
The invoice for the Contract Price (or an installment of the Contract Price) shall be
issued after the relevant events corresponding to such amount as specified in the
payment schedule referred to in Clause 18(a) of this Part have been completed.
The invoice shall be addressed to the Director of Electrical and Mechanical
Services, Vehicle Technical Services Section, Vehicle Engineering Sub-division,
Electrical and Mechanical Services Department, 6/F., 3 Kai Shing Street, Kowloon
Bay, Kowloon, Hong Kong.
(g)
The Government shall not be held responsible or liable for any delay in payment
and no interest or other surcharge or any other payment howsoever described shall
be charged to the Government due to (i) invoices not having been issued in
accordance with Clause 18(f) of this Part, or (ii) the invoiced amount not having
been duly calculated in accordance with the provisions of the Contract (including
Page 21 of 31
In the event that the Contractor fails to pay any sum of money on the date it falls
due or upon demand by the Government under the Contract, it shall pay interest on
such sum to accrue from the due date up to the date of actual payment in full at the
rate of 5% above the rate per annum as announced by The Hongkong and
Shanghai Banking Corporation Limited from time to time to be its prime lending
rate for Hong Kong dollars. Such interest shall accrue on a daily basis in a year of
365 days.
(i)
Any other interest specified as payable in other parts of the Contract (including
Clauses 8(d), 8(h), 17(b) and 23(a)(iv) of this Part) shall equally be chargeable at
the same rate as mentioned in Clause 18(h) of this Part to accrue from the date(s)
of receipt by the Contractor of the relevant sum(s) up to the date of actual refund
by the Contractor to the Government of such sum(s).
(j)
If the prices are quoted in US dollars, unless otherwise specified by the Contractor
and agreed by the Director of Government Logistics, payment to the Contractor
will be made in Hong Kong dollars and the conversion rate of US dollars to Hong
Kong dollars shall be based on the official opening selling rate quoted by The
Hongkong and Shanghai Banking Corporation Limited ruling on the date of
payment by the Government.
(b)
Page 22 of 31
20. Packing
(a)
Adequate Packing
The Contractor shall provide packing for the Goods to prevent their damage or
deterioration during transit to the final destination.
(b)
(c)
Special Instructions
In the event that compliance with the Governments instructions concerning
packing issued subsequent to the commencement of the Contract involves an
alteration in the cost of, and/or in the period required for delivery, the Vehicle
Price and/or of the Deadline Delivery Date may be revised accordingly and shall
be agreed in writing between the parties to the Contract. In all other respects the
Contract shall remain unaltered.
(b)
Neither the Government nor any of its employees or agents shall be under any
liability whatsoever for or in respect of:
(i)
(ii)
any injury to or death of any of the Contractors employees, agents or subcontractors save and to the extent any such injury or death is caused by the
Negligence of the Government or any of its employees (in which case the
Government will be liable or vicariously liable for any such injury or death)
in the course of their employment.
Without prejudice to Clause 21(a) of this Part, the Contractor shall indemnify each
of the Government and its public officers (each an Indemnified Party) and keep
each Indemnified Party fully and effectively indemnified from and against (i) all
and any claims (whether or not successful, compromised or settled), actions or
proceedings threatened, brought or instituted against Indemnified Party (whether
or not successful, compromised or settled) (collectively, Third Party Claims);
and (ii) all and any liabilities (including liability to pay compensation or damages),
Page 23 of 31
(ii)
(iii) any Warranty set out in Clause 2.2 of the General Conditions of Contract
(GLD-TERMS-1 (December 2015)) or Clause 14(a) of this Part is untrue,
incomplete or inaccurate;
(iv)
(v)
any act or omission of the Contractor or any of its employees, agents or subcontractors in the performance of the Contract notwithstanding that the
Contractor is authorised or obliged to do or commit any such act or omission
under this Contract;
(vi)
any loss, damage, injury or death referred to in Clause 21(a) of this Part save
and except injury or death caused by the Negligence of the Government or
any of its employees in the course of employment; or
(vii) any injury or death of any third party, or any loss of or damage to property
sustained by any third party, in consequence of any act, omission, default or
negligence of the Contractor or any of its employees, agents or subcontractors.
(c)
For the purposes of Clause 21(a) and Clause 21(b)(vi) of this Part, but not
otherwise, Negligence shall have the same meaning given to it in Section 2(1) of
the Control of Exemption Clauses Ordinance (Chapter 71 of the Laws of Hong
Kong). Each of Clauses 21(b)(i) to 21(b)(vii) of this Part shall be construed
independently and shall not be limited or restricted by reference to or inference
from any other provision of this Contract.
Page 24 of 31
Without prejudice to any other rights and claims of the Government under the
Contract or at law, the Government shall be entitled to terminate the Contract by
giving a seven (7) days notice to the Contractor if:
(i)
the Contractor fails to observe or perform any of the terms and conditions of
the Contract (including any of the Warranties (viz those as set out in Clause
2.1 of General Conditions of Contract (GLD-TERMS-1 (December 2015))
and in Clause 14(a) of this Part) and (in the case of a breach capable of being
remedied) has failed to remedy the breach to the satisfaction of the
Government within fourteen days (or such longer period as the Government
may, in its sole discretion, allow) after the issuance by the Government to
the Contractor of a notice in writing requiring it to do so;
(ii)
(v)
(2)
(3)
Clause 23.3 (Probity) of the General Conditions of Contract (GLDTERMS-1 (December 2015));
(4)
Page 25 of 31
(vi)
(5)
(6)
(vii) the Contractor or any officer (including director), employee or agent of the
Contractor commits an offence under the Prevention of Bribery Ordinance
(Chapter 201 of the Laws of Hong Kong) or any law of a similar nature in
relation to the Contract or any other contract made by the Contractor with
the Government.
(b)
(c)
the Contract shall be of no further force and effect, but without prejudice to:
(1)
(2)
the rights and claims which have accrued to a party prior to the
Termination; and
Page 26 of 31
(ii)
the Government shall not be responsible for any claim, legal proceeding,
liability, loss (including any direct or indirect loss, any loss of revenue,
profit, business, contract or anticipated saving), damages (including any
direct, special, indirect or consequential damages of whatsoever nature) or
any cost or expense, suffered or incurred by the Contractor arising out of or
in relation to the Termination;
(iii) without prejudice to the other rights and claims of the Government including
the right to seek indemnity under Clause 21(b) of this Part, the Contractor
shall be liable for all losses, damages, costs and expenses incurred by the
Government arising from the Termination including without limitation (1)
the excess contract price payable by the Government for procuring similar
goods and/or spare parts and/or services under a separate contract in
comparison with the Contract Price for such Goods or the prices for the
Spare Parts submitted by the Contractor in Schedule G (Price Terms for the
Supply of Spare Parts) which could have been procurable or provided
hereunder during the Fixed Price Period; (2) in the case of the warranty
repair and after-sales services during any uncompleted part of the Warranty
Period after the Termination, the Contractor shall be liable to compensate
the Government the full cost incurred by the Government for procuring such
services from another contractor (or from within the Government); (3) all
additional maintenance and running costs (including fuel costs) incurred by
the Government for the existing fleet of vehicles which cannot yet be
replaced pending the procurement of replacement Vehicles; and (4) all
administrative and legal costs incurred by the Government arising from the
Termination;
(iv)
the Contractor shall forthwith refund all portion of the Contract Price in
respect of all of the Vehicles which has been paid by the Government plus
interest to accrue at the rate specified in Clause 18(i) of this Part;
(v)
the Contractor shall remove those Goods which have been rejected by the
Government (if any) from the Governments premises at the Contractors
own cost and expenses without delay; and
(vi)
at the request of the Government, the Contractor shall enter into and perform
all deeds of assignment, transfer or novation in favour of the Government or
in favour of any person whom the Government may designate, for the
assignment, transfer or novation of any contract, arrangement or other
subject matter whatsoever on such terms and conditions as the Government
may stipulate; and procure any other third party whom the Government
considers necessary for effecting or perfecting such assignment, transfer or
Page 27 of 31
(ii)
the provisions in the Contract to the extent they apply or concern or relate to
the Terminated Vehicles shall be of no further force and effect, but without
prejudice to:
(1)
(2)
the rights and claims which have accrued to a party prior to the Partial
Termination; and
(3)
the same consequences specified in Clause 23(a) above (apart from Clause
23(a)(i)) above shall apply save that references to Termination shall mean
Partial Termination; references to Goods shall mean the Terminated
Vehicles and Optional Items for such Terminated Vehicles; references to
Vehicles shall mean Terminated Vehicles.
24. Sub-contracts
(a)
Without prejudice to Clause 27 of the General Conditions of Contract (GLDTERMS-1 (December 2015)), unless the Government raises any objection, the
Contractor shall appoint the sub-contractor(s) (if any) specified in the Schedule D
(Details of Local Support) and Schedule E (Body Construction) to undertake such
part of the work as specified therein. The sub-contractor(s) shall not be replaced
unless prior written approval has been given by the Government.
(b)
the Contractor shall promptly provide the Government with copies of any
sub-contracts; and/or
(ii)
the Contractor shall procure that, at the time of entering into the written subcontract, the sub-contractor shall enter into a warranty agreement with the
Government in the form appearing at Annex D.
Page 28 of 31
26. Amendment
Notwithstanding Clause 17 of the General Conditions of Contract (GLD-TERMS-1
(December 2015)), unless in the sole opinion of the Government any proposed
modification is substantial, the Government reserves the right to stipulate modifications
of the Technical Specifications and to require the Contractor to comply with such
modifications to the Technical Specifications any time prior to acceptance of the results
of the FAT for the Vehicles. Unless in the sole opinion of the Government the
modification is substantial, no extension shall be granted to the Deadline Delivery Date
and no additional compensation shall be payable to the Contractor or any other person
due to such modifications. Where in the Governments sole opinion a proposed
modification is substantial, the Government will seek the agreement of the Contractor
concerning the scope of such modification, any reasonable extension to the Deadline
Delivery Date and any resulting increase or decrease in the Vehicle Price arising from
such modification as set out in a supplemental agreement to be entered into between the
parties.
If the Contractor becomes aware of any matter likely to constitute a Force Majeure
event, the Contractor shall forthwith notify the Government in writing of that
matter and all relevant particulars within seven (7) days after the occurrence of the
Force Majeure event. The notice to be given shall set out the full particulars of the
Force Majeure event including its nature, extent, reasons why the Force Majeure
event has and/or will materially prevent it from performing the Contract or such
part thereof, and likely duration of such material prevention. A notice issued by
the Contractor pursuant to this Clause 27(a) is hereinafter referred to as the
Suspension Notice.
(b)
Page 29 of 31
(c)
the likely duration of the relevant Force Majeure event and of its effect of
materially preventing the Contractor from performing its obligations under
the Contract;
(ii)
(iii) any other matters relevant to that Force Majeure event or the Contractors
performance affected by that Force Majeure event.
(d)
the Contractor shall remove or mitigate the effect of the Force Majeure event
on the Contractors ability to perform its obligations under the Contract but
no obligations of the Contractor under the Contract shall be relieved or
subject to any change for any purported purpose of mitigation save with the
prior written consent from the Government;
(ii)
(iii) the Contractor shall not be entitled to any payment of money under the
Contract including any payment in respect of any suspended obligations.
(e)
As soon as the relevant Force Majeure event has terminated, the Contractor shall
forthwith notify the Government of such termination, or the Government may on
its own, after consultation with the Contractor, by notice in writing to the
Contractor, determine the appropriate date for resuming the Contract or the
relevant obligations which have been suspended (Cessation Date). The
Contractor shall immediately after the termination of the Force Majeure event or
with effect from the date for resuming the Contract or suspended obligations as
determined by the Government in the aforesaid manner, resume performance of
the Contract or the suspended obligations (as the case may be) in accordance with
the terms and conditions of the Contract. In the event of any disagreement
between the Government and the Contractor on the appropriate Cessation Date, the
Governments decision shall be final in the absence of manifest error.
(f)
Page 30 of 31
29. Assignment
The parties agree that the Government is entitled to assign, novate, sub-contract or
otherwise dispose of any or all of its rights and/or obligations under this Contract to any
person. Upon request by the Government, the Contractor shall enter into and/or procure
the relevant third parties to enter into a novation agreement in the form and substance as
prescribed by the Government.
31. Deletion
For the purpose of this Contract, Clauses 4.1 and 4.2 (Total Quantities), Clause 6.2
(Order and Delivery), Clause 7 (Delivery Documents (For Goods sold on FOB or CIF
Terms)), Clause 9.4(b) (Inspection and Acceptance), Clause 10 (Rejections),
Clauses 13.2 and 13.4 (Payment of the Contract Price), Clause 14 (Guarantee of the
Quality of the Goods), Clause 16.11 (Contract Deposit), Clause 18 (Liability and
Indemnities), Clause 19 (Termination), Clause 31 (Force Majeure) of the General
Conditions of Contract (GLD-TERMS-1 (December 2015)) shall not apply and shall be
deemed deleted.
Page 31 of 31
Page 1 of 38
Technical Specifications
Page 2 of 38
Technical Specifications
(M) 1.
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
General
1.1
1.2
Application
(a)
(b)
Statutory Requirements
The offered Vehicle shall fully comply with all the statutory requirements
and subsidiary regulations, which are in effect on the date when the
Vehicle is delivered, particularly the following:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Page 3 of 38
Technical Specifications
(h)
1.3
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
(b)
(c)
(d)
(e)
(f)
The seats, their anchorages and any head restraints to Regulation 17;
(g)
(h)
(i)
(j)
(k)
(l)
(m)
Page 4 of 38
Technical Specifications
1.4
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
(n)
(o)
Order of Precedence
In the event that there is any conflict, contradiction, ambiguity among the
Technical Specifications, regulatory requirements quoted in Clause 1.2
above, and the regulations and standards quoted in Clause 1.3 above, the
following order of precedence shall be applied to resolve any such conflict,
contradiction or ambiguity:
(a) the Technical Specifications;
(b) the standards stipulated in Clause 1.3 above; and
(c) the regulatory requirements quoted in Clause 1.2 above.
(M) 2.
Page 5 of 38
Technical Specifications
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
(M)
2.1
General Requirements
(a) The offered factory-made chassis shall be forward control and 6 x 4
truck completed with a crew cab. The crew cab shall be designed to
carry one (1) driver and three (3) passengers.
(b) The overall dimensions of the completed Vehicle shall not exceed the
following measured in unladen condition:
(i)
(ii)
Page 6 of 38
Technical Specifications
(M)
2.2
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
(M)
2.3
Page 7 of 38
Technical Specifications
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
(h) Double acting shock absorbers and stabilizer to all axles; and
(i) Adjustable steering column or wheel.
2.4
(M)
(M)
(b) Wheels with heavy-duty steel rims and tyres of highway tread pattern
shall be provided.
(D)
(c) All wheels including the spare wheel of the same size and
interchangeable are preferable.
(M)
2.5
Drivers Cab
(a) The drivers cab shall be equipped with the following:
(M)
(i)
a 4-door double cab for accommodating one (1) driver (75 kg)
and three (3) passengers (68 kg each);
(M)
(ii)
(M)
(M)
(M)
(v)
(M)
(vi) Electrically controlled side windows for driver and front side
passenger;
(M)
(M)
(viii) inertia type 3-point seat belts and headrests for the driver and
passengers;
(M)
Page 8 of 38
Technical Specifications
(M)
(x)
(D)
(D)
(M)
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
(ii)
(M)
(M)
(e) The main mirrors (Class II), two (2) wide-angle mirrors (Class IV),
one (1) close proximity mirror (Class V) and one (1) front mirror
(Class VI) shall be provided.
(D)
(M)
Page 9 of 38
Technical Specifications
(M)
2.6
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
Electrical Accessories
A tropicalised 12/24 volt (vehicle voltage) negative earth fully colour
coded electrical system consisting of the following:
(a) Heavy duty alternator minimum 100 A shall be provided.
(b) Minimum 2 x 165 Ah battery shall be provided.
(c) All lighting and light-signaling devices for road operation shall be
provided.
(d) Power-operated road horn shall be provided.
(e) Compartment light inside the drivers cab shall be provided.
(f) A clock shall be provided.
(g) A pair of front fog lights shall be provided. They shall be switched on
when the dipped beam is switched on. If the fog lights are not
factory-built, the fog lights shall be wired up through fuses and
switches to the Vehicle supply circuit.
(h) Reverse warning lights with a solid-state buzzer capable of emitting a
continuous and uniform audible warning of about 90 dB(A) at rear of
the Vehicle when interlocked with the reverse gear.
(i) An AM/FM radio with auto tuner covering the frequency spectrum
assigned by the Office of the Communication Authority shall be
provided.
(j) All accessories with full radio interference suppression
(M)
2.7
Other Accessories
(a) A fuel tank with minimum 150 litre capacity with lockable cap/lid or a
lockable device as approved by the Government Representative shall
be provided.
(b) A standard tool kit including at least a wheelbrace and jack shall be
provided and properly stowed on the Vehicle.
(c) Mudflaps for all the wheel arches shall be provided.
Page 10 of 38
Technical Specifications
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
(d) One (1) 2-kg dry powder fire extinguisher with quick release clamp
shall be provided and mounted at suitable location as directed by the
Government Representative before commencement of work. The fire
extinguisher shall have a valid certificate (Certificate of Fire Service
Installations and Equipment) showing the expiry date of not less than
50 weeks from the date of delivery of the Vehicle.
(e) Front and rear reflex-reflective number plates with specific vehicle
identification number of the Vehicle, conforming to the statutory
requirements in Clause 1.2 above shall be provided. The vehicle
identification number will be provided by the Government
Representative before commencement of work.
(f) A battery isolation switch to switch off all power supplies shall be
provided at a concealed location or other location as advised by the
Government Representative with instruction label in traditional
Chinese and English.
(g) Three (3) sets of keys or devices for doors and engine ignition for
each Vehicle shall be provided.
(h) A central door lock shall be provided.
(i) If any vehicle system such as engine, power train and brake etc. is
controlled and/or monitored by any on-board electronic control
management system, the Vehicle shall be equipped with an on-board
self-diagnostic device with fault code display unit. If the
self-diagnostic equipment is supplied loose, one (1) set of fault
diagnostic equipment for the Vehicles shall be provided. The fault
diagnosis equipment shall be completed with connectors, tools and
initial software. (For Tenderers reference, the equipment will
only be used on maintaining government vehicles.)
(M) 3.
Additional Features
The Vehicle body shall consist of an auxiliary engine driven pump; a water tank;
two (2) roof monitors; forward protection monitor, lateral, roof, and underbody
protection systems; foam system; tear gas system; and dye stuff system etc. as
per Attachment III to the Technical Specifications. The Contractor shall
fabricate the Vehicle complying with the following requirements.
Page 11 of 38
Technical Specifications
(M)
3.1
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
Water Installation
(a) A water installation comprising the following features shall be
provided. The Contractor shall be responsible for design of this
watering system to ensure that it can perform the functions specified
in these Technical Specifications satisfactorily under all operational
conditions.
(b) The construction and materials used for the water installation shall be
resistant to corrosion or protected against corrosion.
(c) The construction shall be protected against accumulation of water,
dirt and corrosive substances between and within the construction
elements. Particular care shall be taken to avoid electro-chemical
corrosion.
(d) The design of permanently installed equipment and their mountings
shall withstand the physical stresses applied in normal operational
use.
(e) The water installation, including pump, tank and associated pipework
shall be able to be drained. All drain points shall be clearly identified,
easily accessible and protected against unintended opening.
(f) All the water installation shall be tested to 1.5 times of the designed
working pressure without any deformation, damage and leakage. The
Contractor shall submit test report of the water installation endorsed
by a registered professional engineer or Technical Service before
delivery of the Vehicle.
(g) Water Tank
(i)
(ii)
Page 12 of 38
Technical Specifications
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
Page 13 of 38
Technical Specifications
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
(ii)
(iii) The pump unit shall be capable of pumping water from the tank
to all spraying nozzles and roof-mounted monitors directly and
via the foam proportioning unit if required with a proper piping
layout and control valves fitted.
(iv) Pressure relief valve shall be incorporated at all supply sides
and protection device shall be installed at the suction side to
prevent the system from over-pressure and dry-run. A small
diameter discharge pressure gauge shall be fitted inside drivers
cab.
(v)
Page 14 of 38
Technical Specifications
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
(ii)
(iii) Exhaust shall be directed away from the operator and the air
intake.
(iv) Fuel supply shall be permanently connected to the Vehicle fuel
tank. Audible and visual warning shall be provided when the
Vehicle tank content is less than 20% and the pump engine set
is still in operation.
Page 15 of 38
Technical Specifications
(v)
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
(vi) The fire pump engine set shall be housed in the pump
compartment behind the drivers cab or at a location approved
by the Government Representative before commencement of
work, with adequate ventilating louvers and preferably with
sound absorbent material lined and hinged access doors at both
sides. The compartment shall be illuminated by at least two (2)
waterproof LED lights.
(vii) The fire pump engine shall be mounted onto a sub-frame with
shock absorption/damping materials/component.
(viii) Provision for maintenance access shall be incorporated.
(j) Foam System
(i)
Tank capacity shall not be less than 100 litres. The tank shall be
sized in excess the specified usable capacity by at least 5%.
(ii)
Page 16 of 38
Technical Specifications
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
(iv) The bottom of the tank shall be sloped to the outlet valve at the
offside and clear of chassis and other major components to
ensure complete drainage of contents.
(v)
(vi) A fill trough shall be provided for the top filler to allow two
25-litre drums to be emptied simultaneously.
(vii) An auxiliary 220 volt AC motor driven portable foam transfer
pump of a capacity of approximate 50 litre per minute
complete with two 38 mm x 10 m long hoses and a stainless
steel suction end pipe of approximate 25 mm diameter shall be
provided loose for transfer of foam concentrate in 200 litre
drum to tank. One length of the hoses with female coupling
shall be capable of connecting to the 63 mm (2.5) BS336 male
connection filler of Clause 3.1(j)(iii) above. The pump shall be
protected by a re-settable circuit breaker.
(viii) A 76 mm bore tank overflow discharging to offside of
appliance clear of chassis components shall be provided.
(ix) A drain with pipe and a manually operated valve terminating at
the offside of the vehicle shall be provided. The valve stem shall
be extended close to vehicle side for ease of operation.
(x)
Page 17 of 38
Technical Specifications
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
(M)
3.2
Roof Monitors
(a) Two (2) self-aspirating type monitors mounted inside a protective
turret capable of producing water in stream or spray pattern at the
maximum rate in pump-and-roll operation shall be mounted on the
front of the drivers cab roof. The monitor, being connected to the
water pump with stainless steel pipework and shut-off valve, shall be
operated and controlled by joy-stick type controller of the master
control panel inside the drivers cab. The performance of the
roof-mounted monitor shall comply with the followings:
(i)
Full output
(ii)
Operating pressure :
at least 50 m
(iv) Elevation
+60 degree
Page 18 of 38
Technical Specifications
(v)
Depression
(vi) Rotation
-40 degree
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
(b) The system shall be designed to select spray pattern at low operating
pressure automatically when activated. The operating pressure shall
then be increased gradually by the control panel.
(c) The monitor shall be made of high corrosion resistant light alloy or
stainless steel with a weatherproof enclosure.
(d) One (1) weatherproof search light of at least 35 watt, a laser distance
measuring device and a camera shall be provided and integrated in the
enclosure of each monitor to assist aiming in the darkness and precise
targeting. The camera shall have a minimum image resolution of 604
x 480 pixels and operable in light conditions under 0.5 Lux
illuminations. The videos captured by the cameras shall be displayed
in separate LED colour monitors inside the driver cab. Deluge and air
drying system shall be provided for the camera, which shall be
protected by polycarbonate glass cover.
(e) The monitor shall be actuated by a single pushbutton on the monitor
control panel with a pistol grip type or a joystick type proportional
remote directional control as detailed in Clauses 3.8(b)(i) and (iii)
below. The orientation of the roof monitor shall be indicated
proportionally on the control panel.
(f) The roof monitor shall be connected to the pump through a remote
controlled shutoff valve (Monitor valve). A manual shutoff valve
shall also be provided to isolate the pressure feed from the fire pump
to the monitor for maintenance.
(M)
3.3
Page 19 of 38
Technical Specifications
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
(M)
3.4
(i)
Output
(ii)
Operating pressure :
at least 25 m
(iv) Rotation
170 degree
Output
(ii)
Operating pressure :
Page 20 of 38
Technical Specifications
(iv) Elevation
+55 degree
(v)
-30 degree
180 degree
Depression
(vi) Rotation
(M)
3.5
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
Output
(ii)
Operating pressure :
(iii) Range
Page 21 of 38
Technical Specifications
(M)
3.6
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
(M)
3.7
Page 22 of 38
Technical Specifications
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
(M)
3.8
(ii)
Page 23 of 38
Technical Specifications
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
(iii) Roof monitor controls - pistol grip type control for panning and
elevation movements with position indicators, monitor control
valve, full or half output selection, flow pattern selection, roof
monitor lock and control panel illumination switch. The
nearside roof monitor shall be controlled by the co-driver or the
nearside rear seated passenger, while the offside roof monitor
shall be controlled by the offside rear seated passenger.
(iv) Forward protection monitor controls - pistol grip or joystick
type control for panning and elevation movements, shut-off
control valve, full or half output selection, dispersed spray or
straight stream flow pattern selection and mode of operation
selection. The forward protection monitor controls shall be
installed at the location inside the driver cab as approved by the
Government Representative before commencement of work.
(v)
(xi) Devices and switches to control, select and view the Vehicle
mounted cameras image simultaneously and individually.
(c) An illuminated mimic panel shall be provided at the location inside
the driver cab as approved by the Government Representative before
Page 24 of 38
Technical Specifications
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
(M)
3.9
Page 25 of 38
Technical Specifications
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
(M)
(ii)
Page 26 of 38
Technical Specifications
(v)
(M)
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
(M)
Page 27 of 38
Technical Specifications
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
(M)
Page 28 of 38
Technical Specifications
(M)
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
(M)
3.15 Special Warning Lights and Siren and Public Address System
(a) The following special warning lights shall be supplied and installed:
(i) One (1) pair of front mounted directional lights;
(ii) One (1) pair of radiator grille mounted directional lights; and
(iii) One (1) pair of rear panel mounted directional lights
Page 29 of 38
Technical Specifications
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
(b) All flashing lights emitted from the special warning lights shall be
derived from stationary light source(s) with quadruple flashes. The
exact flash rate and location of all special warning lights shall be
proposed by the Contractor and approved by the Government
Representative before commencement of work. All warning lights
shall be grouped into three or more operational modes, such as front,
rear and all-light modes etc. and controlled by individual control
back-lit rocker switches. All switch control shall be proposed by the
Contractor and approved by the Government Representative before
commencement of work. The all-light modes shall be designed to be
turned on only when the engine is running.
(c) Stainless steel stiffener at least 3 mm thick on the underside of the
roof and radiator grille shall be provided for mounting of special
warning lights to strengthen the installation. All special warning
lights shall be designed for outdoor usage. All units shall be vibration
resistant and have radio frequency interference suppression. All units
shall be wired up through a fuse and a switch to the auxiliary electric
power system
(d) Front Mounted Directional Lights and Illuminated Sign
One (1) pair of directional lights and one illuminated Police sign shall
be provided and installed on the front and centre at the top extended
part of the drivers cab, with a switch control centre in the drivers cab
as directed by the Government Representative. The directional lights
specifications shall be:
Case
Colour
Light
Page 30 of 38
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
Technical Specifications
Dimensions
Control
console
Control
switches
front mounted
grille mounted
panel mounted
the engine is
Page 31 of 38
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
Technical Specifications
Case
impact
Colour
Light
Dimensions
Colour
Light
Intensity
Page 32 of 38
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
Technical Specifications
Feature
: Wail/Yelp/Hi-Lo/Air
system.
Volume
Control
Accessories
Horn/Radio
Broadcast
One (1) siren and one (1) under hood speaker shall be supplied and
installed. Mounting reinforcement of a stainless steel stiffener at least
3 mm thick shall be provided to strengthen the installation. All units
shall be vibration resistant and have radio frequency interference
suppression to prevent radio interference. The above unit shall be
wired-up through fuse and switch to the auxiliary power supply
circuit.
The speaker shall be installed inside the engine compartment or at a
location as directed by the Government Representative before
commencement of work. Protective wire mesh shall be provided if the
speaker is installed at the roof of drivers cab.
(h) Alternating Flashing Unit for High Beam Headlights
A nearside and offside alternating flashing unit for high beam
headlights with switch and fuse shall be provided and installed. (For
Tenderers reference: the model currently used in large van (police
version) is Premier Hazard, Hazard 620-103). Control of the
alternating flashing unit shall be linked to the control unit of the front
roof corner mounted directional lights system.
Page 33 of 38
Technical Specifications
(M)
3.16
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
Page 34 of 38
Technical Specifications
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
(M)
3.17
Tactical Signs
Two (2) tactical signs with holders shall be provided. One (1) shall be
fitted on the front nearside and the other shall be fitted on the rear offside
of the Vehicle as shown in drawing at Attachment III to Technical
Specifications.
(M)
3.18
Page 35 of 38
Technical Specifications
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
Characters
Approximate
Dimensions
(height) x (width)
English / transverse
240 mm x 140 mm
Traditional Chinese / transverse 250 mm x 240 mm
Rear panel
English / transverse
180 mm x 130 mm
Traditional Chinese / transverse 190 mm x 180 mm
Roof (AM
XXXX)
English / transverse
460 mm x 290 mm
(c) Full width 45 diagonal yellow/red stripes shall be stuck on the lower
section of the rear panel. The method is to stick a yellow backing
covered with red electro-cut film to give the required colour pattern,
Page 36 of 38
Technical Specifications
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
(M)
in white.
(M) 4.
(M) 5.
Workmanship Requirements
(a)
Page 37 of 38
Technical Specifications
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
(c)
(d)
(e)
For AC electrical supply and equipment, all materials and equipment shall
meet the following requirements and wire up properly through white PVC
high impact conduits as directed by the Government Representative before
commencement of work. The electrical fittings and equipment shall
conform to relevant International Standards and the latest The Institution
of Electrical Engineers (IEE) Regulation or equivalent. Samples of which
shall be submitted to the Government Representative for approval before
commencement of work. The system shall comply with the Code of
Practice for the Electricity (Wiring) Regulation (2009 Edition) published
by the Electrical and Mechanical Services Department. Qualified
personnel shall conduct all electrical installations and testing, with
completion certificate submitted to the Government Representative before
commencement of work.
Page 38 of 38
Technical Specifications
(M) 6
(f)
All nuts and bolts shall be locked with spring washers or self-locking nuts.
The panel-mounted workpiece must be securely fastened at 50 mm
maximum pitch by closed-type rivets ("Pop or Avdel" or equivalent)
approved by the Government Representative before commencement of
work.
(g)
All screws used for fixing fittings/accessories to the exterior of the Vehicle
must be made of stainless steel.
(h)
(i)
All add-on items shall be painted in a colour to match with the interior
design of the Vehicle or as directed by the Government Representative.
(j)
Environmental Aspects
All components and materials used on the Vehicle shall be asbestos free.
- End -
Name of Tenderer:
Name, Title and Post of authorised signatory
for and on behalf of the Tenderer:
(for Paper-based Tendering)
Signed by authorised signatory:
(for Paper-based Tendering)
Date:
(To be completed
by Tenderers)
Compliance with
Technical
Specifications
Yes/No
Page 1 of 3
Page 2 of 3
Attachment I to the Technical Specifications
Transmission
Vehicle Dimensions
(mm)
Gradeability
Engine
Emission Standard
Volt
Amp
Note:
* The chassis Make / Model shall be identical with those offered in Part 1(c) of Schedule C.
Page 3 of 3
Attachment I to the Technical Specifications
kW
Name of Tenderer:
Name, Title and Post of authorised signatory for and on
behalf of the Tenderer:
(for Paper-based Tendering)
Signed by authorised signatory:
(for Paper-based Tendering)
Date:
2nd Axle
3rd Axle
Total (kg)
Page 1 of 4
Attachment II to the Technical Specifications
Corresponding
Paragraph in Terms
of Tender
(Supplement)
Technical information of
chassis from the manufacturer
Type approval certificate or
written confirmation
Supporting document
provided / to be
provided by Tenderer
(Please state the source.)
Relevant section /
page in the
supporting
document
20(b)(iii)(1)
20(b)(iii)(2) or
20(b)(iii)(3)
20(b)(iii)(4)
Technical information,
arrangement and design of
various systems
20(b)(iii)(6)
Water pump
Foam proportioning unit
Pump engine set
Portable foam transfer pump
Corresponding
Clause in Technical
Specifications
3.1(h)
3.1(h)(vii)
3.1(i)
3.1(j)(vii)
Roof monitor
3.2
3.3
3.4
Supporting
Relevant section /
document
page in the
provided / to be
supporting
provided by
document
Tenderer
(e.g. catalogues,
(Please also state the product specification
sheets)
make / model.)
Page 2 of 4
Attachment II to the Technical Specifications
Corresponding
Clause in Technical
Specifications
3.5
3.10
Split-charging system
3.12(c)
3.13
3.15(d)
3.15(e)
3.15(f)
3.15(g)
3.15(h)
Supporting
Relevant section /
document
page in the
provided / to be
supporting
provided by
document
Tenderer
(e.g. catalogues,
(Please also state the product specification
make / model.)
sheets)
3.16
Name of Tenderer:
Name, Title and Post of authorised signatory for and
on behalf of the Tenderer:
(for Paper-based Tendering)
Signed by authorised signatory:
(for Paper-based Tendering)
Date:
Page 3 of 4
Attachment II to the Technical Specifications
Abbreviations
Not specified quantities and units used in the Technical Specifications are based on ISO/IEC 8000 system.
A.C.
AFFF
Ah
Amp, A
- Alternative Current
- Aqueous Film Forming Foams
- Ampere per hour
- Ampere
AM
AV
BS
CAT5e
- Amplitude Modulation
- Audio Visual or Audio / Video
- British Standards
- Category 5 enhanced
CCD
CCTV
CD
CFC
dB(A)
DC
EC
- Chlorofluorocarbon
- Decibel in A-weighted
- Direct Current
- European Commission
ECE
EMSD
EN
FM
GRP
GVW
HD
HDMI
- High Definition
- High Definition Multimedia Interface
HEPA filter
Hz
IEC
IMM
ISO
IP
kg
kPa
kW
LAN
LCD
LED
- Kilowatt(s)
- Local Area Network
- Liquid Crystal Display
- Light Emitting Diode
Page 4 of 4
Attachment II to the Technical Specifications
Lm
m
MCB
- lumens
- Metre
- Miniature Circuit Breaker
MCCB
mm
m/sec
PGP
PTT
PTZ
PVC
RH
- Press to Talk
- Pan Tilt Zoom
- Polyvinyl Chloride
- Relative Humidity
R/T
- Radio Transceiver
SiRFstarIII
TFT
UNECE
USB
UTP
UV
V
VGA
W
XGA
C
2U
- Voltage
- Video Graphics Array
- Watt(s)
- Extended Graphics Array
- degree Celsius
- Height of two rack unit
- Percentage
Tender Ref.:AD200612015
Page 1 of 3
Attachment III to the Technical Specifications
Page 2 of 3
Attachment III to the Technical Specifications
Page 3 of 3
Attachment III to the Technical Specifications
Page 1 of 4
Schedule A Price Schedule
Estimated
Quantity
Description
(A)
3 Units
Unit Price
*HK$/US$
(B)
3 Units
3 Lots
Name of Tenderer:
Name, Title and Post of authorised signatory for and on
behalf of the Tenderer:
(for Paper-based Tendering)
Signed by authorised signatory:
(for Paper-based Tendering)
Telephone No.:
Facsimile No.:
Date:
Total Price
*HK$/US$
(A x B)
Page 2 of 4
Schedule A Price Schedule
N.B.:
(a) In preparing this Schedule, a Tenderer should pay particular attention to the
provisions in Paragraph 5.2 of the Terms of Tender (GLD-TERMS-1
(December 2015)) and Paragraph 4 of the Terms of Tender (Supplement). All
prices quoted above must be fixed and not subject to any variation of
whatsoever nature; otherwise, the Tender will not be considered further.
(b) * Please refer to Paragraph 4(d) of the Terms of Tender (Supplement) and
specify the currency quoted.
(c) A Tenderer is reminded to sign and submit the Tender Form (G.F. 230) (for
Paper-based Tendering) and to note the tender validity requirement as
stipulated in Paragraph 11 of the Terms of Tender (Supplement) when
submitting its Tender.
Page 3 of 4
Schedule A Price Schedule
F.I.S. / Hong Kong
Item
2
Estimated
Quantity
Description
Unit Price
*HK$/US$
Optional Items
2.1
(a)
Additional publications:
Operation and maintenance workshop
manual in English or traditional Chinese
(hard copy)
(b)
1 set
(c)
1 set
(d)
1 set
(e)
1 set
(f)
1 set
1 set
Name of Tenderer:
Name, Title and Post of authorised signatory for and on
behalf of the Tenderer:
(for Paper-based Tendering)
Signed by authorised signatory:
(for Paper-based Tendering)
Telephone No.:
Facsimile No.:
Date:
Page 4 of 4
Schedule A Price Schedule
N.B.:
(a) The Tenderer should enter N/C (i.e. no charge) or other equivalent
expression for any of the Optional Items offered on a free of all charges
basis. If the Tenderer fails to enter any price quotation for any of the
Optional Items, subject to any clarification with the Tenderer concerned, it
shall be deemed that the Tenderer offers the Optional Items free of all charges
to the Government.
(b) * Please refer to Paragraph 4(d) of the Terms of Tender (Supplement) and
specify the currency quoted.
(c)
Page 1 of 1
Schedule B Payment Terms
7 working days from the date of receipt of the invoice or from the date such amount
falls due under the terms of the Contract, whichever is the later:
% discount.
(b)
8 to 14 working days from the date of receipt of the invoice or from the date such
amount falls due under the terms of the Contract, whichever is the later:
% discount.
N.B.:
(i)
(ii)
A Tenderer is required to ensure that no more than two digits after the decimal
place are quoted for the above discount. Please insert the word NIL in the
spaces provided above if the Tenderer does not offer any payment discount.
Bankers Name :
(b)
Address :
(c)
Name of Account :
(d)
Account Number :
(e)
Sorting Code :
Name of Tenderer:
Name, Title and Post of authorised signatory for and
on behalf of the Tenderer:
(for Paper-based Tendering)
Signed by authorised signatory:
(for Paper-based Tendering)
Date:
Page 1 of 2
Schedule C Product Information
(a)
Place of Manufacture
(b)
Name of Manufacturer
(c)
N.B.: (i)
(ii)
I/We confirm that I/we will adhere to the delivery requirement stated in
Paragraph 6(a) of the Terms of Tender (Supplement).
*(b)
I/We would like to offer the following alternative delivery date in accordance with
Paragraph 6(b) of the Terms of Tender (Supplement) for the Government's
consideration:
Delivery offered: to be completed within
N.B.: (i)
(ii)
If a Tenderer does not complete this Part, it shall be deemed that the
Tenderer agrees with and is bound by the delivery requirements
specified in Paragraph 6(a) of the Terms of Tender (Supplement).
(iii)
Page 2 of 2
Schedule C Product Information
Part 3 - Warranty
[Please refer to Paragraph 7 of the Terms of Tender (Supplement).]
*(a)
I/We confirm that free warranty period of 36 months effective from the date of
Acceptance Note for a Vehicle is offered for all parts of that Vehicle with the scopes as
specified in Clause 15 and Clause 16 of the Special Conditions of Contract.
*(b)
I/We confirm that the minimum free warranty period of 36 months effective from the
date of Acceptance Note for a Vehicle cannot be offered for all parts of that Vehicle
with the scopes as specified in Clause 15 and Clause 16 of the Special Conditions of
Contract.
*(c)
I/We confirm that the following extended free warranty package on top of the essential
warranty requirements stipulated in Paragraph 7(a) of the Terms of Tender
(Supplement) is offered for each Vehicle:
Extended free warranty package on top of
the essential warranty requirements:
N.B.: (i)
(ii)
Month(s)
(iii) If a Tenderer offers any extended warranty period on top of the essential
warranty requirement specified in Paragraph 7(a) of the Terms of Tender
(Supplement), it shall provide such information with its Tender.
Name of Tenderer:
Name, Title and Post of authorised signatory for and
on behalf of the Tenderer:
(for Paper-based Tendering)
Signed by authorised signatory:
(for Paper-based Tendering)
Date:
Page 1 of 4
Operated by
(Please specify the name of the Tenderer or its proposed local agent.)
Tenderers shall provide the information requested in Sections (b) to (d) below for each
workshop.
(b) Details of Workshop Facilities and Equipment
[Please refer to Paragraph 8(a)(i) of the Terms of Tender (Supplement) and N.B. (4) below.]
(i)
(ii)
(v)
(vi)
Model
:
:
(vii) Maximum number of Vehicles that can be serviced at any one time:
:
:
Page 2 of 4
Vehicle mechanics:
(1) Number of vehicle mechanics working in the workshop
(ii)
N.B.: (1) Please use separate sheet(s) to provide information for each workshop if the
number of workshops is more than one or the space provided above is
inadequate.
(2) A Tenderer shall submit the information required in Part 1 of this Schedule
together with its Tender before the Tender Closing Time or by the time
which may subsequently be specified by the Government at the
Governments discretion. Otherwise, the Tenderers Tender will not be
considered further.
(3) If the information submitted fails to substantiate that the Tenderer or its
proposed local agent has the workshop facilities, manpower resources and
trade licence meeting the requirements specified in Paragraphs 8(a)(i) to
8(a)(iii) of the Terms of Tender (Supplement) for carrying out the warranty
repair and after-sales services, the Tenderers Tender will not be considered
further.
Page 3 of 4
Page 4 of 4
Part 2 Party responsible for performing the warranty repair and after-sales services
in Hong Kong
[Please refer to Paragraphs 8(d), 8(e) and 20(b) of the Terms of Tender (Supplement). If no
local agent is to be appointed and the Tenderer performs the warranty repair and after-sales
services on its own, the Tenderer shall enter its own name below.]
Contact Details:
(a)
Name of Local Agent
(b)
(c)
Telephone Number
(d)
Facsimile Number
(e)
E-mail Address
N.B.:
(i)
If a Tenderer does not complete this Part, it shall be deemed that the Tenderer
agrees with and is bound by the warranty requirements specified in the
Clause 15 and Clause 16 of the Special Conditions of Contract.
(ii)
Name of Tenderer:
Name, Title and Post of authorised signatory for and on
behalf of the Tenderer:
(for Paper-based Tendering)
Signed by authorised signatory:
(for Paper-based Tendering)
Date:
Page 1 of 1
Schedule E Body Construction
(a)
(b)
(c)
Telephone Number
(d)
Facsimile Number
N.B.: If the Tenderer will undertake the overall design and construction of the Vehicles
itself, the Tenderer shall enter its own name in Part 1 above.
Name of Tenderer:
Name, Title and Post of authorised signatory for and
on behalf of the Tenderer:
(for Paper-based Tendering)
Signed by authorised signatory:
(for Paper-based Tendering)
Date:
Page 1 of 2
Schedule F Information Schedule
(b)
(c)
(d)
Managing director/partners:
(ii)
Other directors:
(iii)
Sole proprietor:
(e)
(f)
A copy of a relevant document showing that the authorised person(s) who sign(s) the
Offer to be Bound has/have the authority to sign for and on behalf of the Tenderer.
N.B.:
The Government will not accept the use of a postal box as the Contractors
correspondence address.
Page 2 of 2
Schedule F Information Schedule
* (a)
* (b)
Name of Tenderer:
Name, Title and Post of authorised signatory for and on
behalf of the Tenderer:
(for Paper-based Tendering)
Signed by authorised signatory:
(for Paper-based Tendering)
Date:
Page 1 of 1
2.
Name of Tenderer:
Name, Title and Post of authorised signatory for and on
behalf of the Tenderer:
(for Paper-based Tendering)
Signed by authorised signatory:
(for Paper-based Tendering)
Date:
Tender Ref.:AD200612015
GLD Contract No.:
Annex C
made
between
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.
Page 1 of 5
Tender Ref.:AD200612015
GLD Contract No.:
Annex C
Page 2 of 5
Tender Ref.:AD200612015
GLD Contract No.:
Annex C
Page 3 of 5
Tender Ref.:AD200612015
GLD Contract No.:
Annex C
(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 the date of the last
Acceptance Note in respect of the Vehicles or until payment by the Guarantor to the Government
the full amount as specified in Clause (14) below.
(8)
This Guarantee is in addition to and shall not merge with or otherwise prejudice or
affect any contractual or other right or remedy or any guarantee, indemnity, lien, pledge, bill,
note, charge or any other security which the Government may at any time hold (collectively
"Other Security") and this Guarantee may be enforced by the Government without first having
recourse to any of the Other Security or taking any steps or proceedings against the Contractor,
and notwithstanding any release, waiver or invalidity of the Other Security.
(9)
Any demand, notification or certificate given by the Government specifying amounts
due and payable under or in connection with any of the provisions of this Guarantee shall be
conclusive and binding on the Guarantor.
(10)
The obligations expressed to be undertaken by the Guarantor under this Guarantee are
those of primary obligor and not as a surety.
(11)
This Guarantee shall be governed by and construed according to the laws for the
time being in force in the Hong Kong Special Administrative Region of the People's Republic
of China ("Hong Kong") and the Guarantor agrees to submit to the exclusive jurisdiction of the
courts of Hong Kong.
(12)
All documents arising out of or in connection with this Guarantee shall be served :
(a) upon the Government, at the Government Logistics Department of 9/F North
Point Government Offices, 333 Java Road, North Point, Hong Kong, Director
of
Government
Logistics
marked
for
the
attention
of
_______________________, facsimile number ______________;
(b) upon the Guarantor, at ___________________________________________,
Hong Kong, marked for the attention of ____________________________,
facsimile number ______________.
(13)
Documents to be served under this Guarantee shall be deemed to have been duly
served by one party if sent by letter or 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)
The aggregate amount of the Guarantor's liability under this Guarantee shall not
exceed_________________.
(15)
Page 4 of 5
Tender Ref.:AD200612015
GLD Contract No.:
Annex C
(a)
the Guarantor should read and fully understand, with the benefit of
independent legal advice if necessary, the terms and conditions of this
Guarantee before entering into this Guarantee.; and
(b)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Note :
GLD(ProD)15(Rev. 11/2014)
Page 5 of 5
Annex D
WHEREAS
(A)
(B)
The Sub-contractor has had an opportunity of reading and noting the provisions of
the Contract (other than details of the Contractors prices and rates).
(C)
Pursuant to the Contract, the Contractor wishes to enter into an agreement with the
Sub-contractor (Sub-contract) for the Sub-contractor to carry out and complete a
part of the Vehicles or to provide maintenance and after-sales services for the
Vehicles as more particularly described in the Sub-contract (Sub-contract Work).
(D)
It is a term of the Contract that the Contractor shall procure the Sub-contractor to
execute this deed of warranty (Warranty) in favour of the Government.
it has executed and completed and will execute and complete the Sub-contract
Work, and has carried out and will carry out each and all of the obligations, duties
and undertakings of the Sub-contractor under the Sub-contract when and if such
obligations, duties and undertakings shall become due and performable, in
accordance with the terms of the Sub-contract (as the same may from time to time
be varied or amended with the consent of the Government); and
(b)
it will supply the Government with all information as the Government may
reasonably require from time to time in relation to progress of the Sub-contract
Work.
Annex D
Page 1 of 4
Annex D
(2)
(3)
(4)
The Sub-contractor agrees that it will not without first giving the Government not
less than 21 days prior notice in writing exercise any right it may have to
terminate the Sub-contract or treat the same as having been repudiated by the
Contractor or withhold performance of its obligations under the Sub-contract.
(5) (a)
In the event that the Contract or the employment of the Contractor under the
Contract is terminated for any reason whatsoever and if so requested by the
Government in writing 21 days of such termination, the Sub-contractor shall carry
out and complete its obligations under this Warranty and shall enter into a
novation agreement with the Government and the Contractor in which the Subcontractor will undertake inter alia to perform the Sub-contract and be bound by its
terms and conditions as if the Government had originally been named as a
contracting party in place of the Contractor. The said novation agreement will be
in such form as the Government may reasonably require.
(b)
(6)
The provisions of this Warranty shall be without prejudice to and shall not be
deemed or construed so as to limit or exclude any rights or remedies which the
Government may have against the Sub-contractor, whether in tort or otherwise.
(7)
In the event of any ambiguity or conflict between the terms of Sub-contract and
this Warranty the terms of this Warranty shall prevail.
(8)
Nothing contained in this Warranty shall vary or affect the Sub-contractors rights
and obligations under the Sub-contract.
(9)
The Government shall be entitled to assign the benefit of this Warranty at any time
without the consent of the Sub-contractor being required.
Annex D
Page 2 of 4
(10)
Annex D
The address for service of all documents arising out of or in connection with this
Warranty shall be
(a)
(b)
(11)
The Government and the Sub-contractor may change their respective nominated
addresses to another address in Hong Kong but only by prior written notice to each
other. All notices must be in writing.
(12)
This Warranty shall be governed by and construed according to the laws for the
time being in force in Hong Kong, and each of the parties hereto submits to the
non-exclusive jurisdiction of the courts of Hong Kong in relation to any dispute
arising from this Warranty or the Contract.
(13)
Unless the context otherwise requires, terms and expressions appearing herein
shall bear the same meaning given to them in the Contract.
Annex D
Page 3 of 4
Annex D
IN WITNESS whereof this Warranty has been executed as a deed on the date first above
written.
THE COMMON SEAL of
[ the Sub-contractor ]
was affixed hereto in
the presence of :
)
)
)
)
Director
(Name)
Director/Secretary
(Name)
)
)
[Name]
[Occupation]
(name and appointment of officer) in the presence of :
[Name]
[Occupation]
Annex D
Page 4 of 4
Annex E
REPLY SLIP
To:
BRIEFING SESSION
I/We would like to attend the briefing session to be held on 19 January 2016
at 1500 hours (Hong Kong Time) at the Room 925, 9/F., North Point Government
Offices, 333 Java Road, North Point, Hong Kong.
Post Title
Mr/Mrs/Miss
Mr/Mrs/Miss
Name of Company:
Fax No.:
Mobile Phone:
E-mail:
Page 1 of 1