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THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

Government Logistics Department

TENDER FOR THE SUPPLY OF GOODS

Tender Ref. :

AD200612015

TENDER FORM

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

and addressed to the Chairman,

Tender Opening Committee

,

must be deposited in the

Government Logistics Department Tender Box situated on Ground Floor,

Tender Box situated on

North Point Government Offices, 333 Java Road, North Point, Hong Kong

before

12:00 noon

on

26 th February 2016

(Hong Kong time).

Late tenders will not be accepted.

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)

PART 3 SPECIAL CONDITIONS OF CONTRACT

Attached to this Tender Form (if any).

PART 3A TECHNICAL SPECIFICATIONS

Attached to this Tender Form (if any).

Dated this

31 st

day of

G.F. 230 (Rev.12/14)

December

20

15

Miss Annie CHEUNG

Government Representative

PART 4 OFFER TO BE BOUND

1. 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.

I/We also certify that the particulars given by me/us below, are correct:

(a)

Business Registration Certificate which expires on

)

(b)

Employee’s Compensation Insurance Policy which expires on Name of Insurance Company

)

4.

I am/We are duly authorised to bind the company hereinafter mentioned by my/our signature(s).  or  I am a partner/We are partners in the firm hereinafter mentioned and duly authorised to bind the said firm and the partners therein by my/our signature(s).

5.

The name of the company/firm is

6.

The registered office of the company is situated at

 or  The names and residential addresses of the partners of the firm are as follows :

7.

Name(s), post(s)/title(s) and address(es) of person(s) signing :

Authorised

Signature(s) :

Dated this

day

of

20

Notes :

(i)

All the particulars required above must be provided.

(ii)

Strike out clearly alternatives which are not applicable.

PART 5 MEMORANDUM OF ACCEPTANCE

On behalf of the Government of the Hong Kong Special Administrative Region,

I

(name and position of officer)

accept your Tender for the Contract relating to the following item(s). identification purposes.

A copy of each document constituting the Contract is hereby attached for

Dated this

Signed by the said

G.F. 230 (Rev.12/14)

day of

20

in the presence of :

香香

香 港港

港 特特

特 別別

別 行行

行 政政

政 區區

區 政政

政 府府

政 府 物 流 服 務 署

招 標 編 號

AD200612015

招招招招 標標標標 承承承承 投投投投 供供供供 應應應應 貨貨貨貨 品品品品

投投投投 標標標標 表表表表 格格格格

合約編號:

投投投投遞遞遞遞標標標標書書書書

投遞標書 ,必須填妥此表格,一式三份密封於信封內,信封面註明

為機電工程營運基金供應 群眾管理車輛

投標書」,致

主席收,並於 年 二 月

二十六日 正午十二時 (香港時間 ) 前投入設於 香港北角渣華道三百三十三號

北角政府合署地下的政府物流服務署

的投標箱內。逾期投標概不受理。

釋釋釋釋

第第第第 1111 部部部部分分分分

第第第第 2222 部部部部分分分分

義義義義

招招招招標標標標條條條條款款款款

一一一一般般般般合合合合約約約約條條條條款款款款

有關招標承投供應貨品予香港特別行政區政府的釋義部分、招標條款和一般合約條款的詳情,載於標準招標

條款和一般合約條款,請到以下網站查閱和下載:

https://www.gldpcms.gov.hk/etb_prod/jsp_public/sm/ssm00105.jsp?ACTION=SWITCH_TO_TRADITIONAL_CHINESE

上述文件亦可在下列辦事處索取:

政府物流服務署採購科 北角政府合署 9 樓 香港 北 角渣 華 道 333 號 ( 互 聯 網 頁 — http://www.gld.gov.hk

夾附於本投標表格內(如有)。

夾附於本投標表格內(如有)。

第第第第 3333 部部部部分分分分

第第第第 3333 甲甲甲甲部部部部分分分分

特特特特別別別別合合合合約約約約條條條條款款款款

技技技技術術術術規規規規格格格格

日期:二○一五 年 十二月 三十一日

張燕玲

政府代表

G.F. 230 (Rev.12/14)

第 4444 部部部部分分分分

第第

應應應應約約約約履履履履行行行行

們參

1.

我/

過本

標文

意受

述條

約束

2.

我 /

們 同

按照

招 標

招 標

款及

件 ,

在 合

約 期 內 以 我/ 我 們 在 價 格 附 表 呈 報的 價 錢 , 依 約

供應任何或全部貨品,不再收取其他任何費用。

 

3. 我/ 我 們並 證 明, 下 述由

我/ 我 們提 供 的資 料

均屬

正確 :

(a)

(號 碼 :

)

 

滿

(b)

(編 號 :

)

滿

 

4. 我/ 我 們獲 下 述公 司 授權 ,我 / 我們 的 簽署 對 下述 公司 具 有約 束 力。



我/我們為下述商號的合伙人,我/我們獲授權作出對該商號及其他合伙人有約束力的簽署。



5.

6. 上 述 公 司 已 登 記 辦 事 處 地 址 為 :





上 述 商 號 合 伙 人 的 姓 名 及 住 址 為:

7. 簽署 人 的姓 名 、職 位 及地 址:

日期:二○ 年

註 : (i) 投 標 者 必 須 填 報 上 述 所 需 的 資 料 。

(ii) 請 將 不 適 用 者 清 楚 刪 去 。

第第第第 5555 部部部部分分分分

接接接接受受受受投投投投標標標標備備備備忘忘忘忘錄錄錄錄

(姓名及職位

現代表香港特別行政區政府,接納你就下開貨品的合約遞交的投標。現付上構成合約的每份文件的副本,以供

識別之用:

日期:二○

簽署人:

見證人:

G.F. 230 (Rev.12/14)

Tender Ref.: AD200612015

Supplement to the Interpretation Section of the Standard Terms and Conditions (GLD-TERMS-1 (December 2015))

(a) 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”

has the meaning given to it in Clause 8(a) of the Special Conditions of Contract;

has the meaning given to it in Clause 5(b) of the Special Conditions of Contract;

has the meaning given to it in Clause 2(d) of the Special Conditions of Contract;

means the availability of a Vehicle which is calculated in accordance with the formula set out in Clause 16(a) of the Special Conditions of Contract;

“Body Builder” refers to the firm/supplier which may or may not be the Contractor itself and which is responsible for the overall design and construction of the Vehicles as specified in Schedule E (Body Construction);

“Contract Date” means the date of the Tender Acceptance issued by the Government in accordance with Paragraph 26 “Acceptance” of the Terms of Tender (GLD-TERMS-1 (December 2015));

“Contract Price”

“Deadline Delivery Date”

“Defective Vehicle(s)”

“Delayed Vehicle”

“desirable features”

“EMSD”

has

Schedule);

the meaning

given

to

the term

in

Schedule A

(Price

has the meaning given to it in Clause 2(a) of the Special Conditions of Contract;

has the meaning given to it in Clause 8(b) of the Special Conditions of Contract;

has the meaning given to it in Clause 17(a) of the Special Conditions of Contract;

means

Specifications;

those

features

identified

as

such

in

the

Technical

means the Electrical and Mechanical Services Department of the Government;

Tender Ref.: AD200612015

“essential

means requirements specified as such in the Tender Document

requirements”

as well as mandatory features;

“Factory Acceptance Tests” or “FAT”

means the factory acceptance tests to be conducted by the Contractor in accordance with Clause 4 of the Special Conditions of Contract and other applicable provisions of the Contract;

“FAT Report”

has the meaning given to it in Clause 4(e) of the Special Conditions of Contract;

“FAT Test Plan”

has the meaning given to it in Clause 4(c) of the Special Conditions of Contract;

“Fixed Price Period”

means the period commencing from (and including) the Contract Date and expiring 36 months after the date of the last Acceptance Note so issued by the Government;

“HKPF”

means the Hong Kong Police Force of the Government;

“Item”

means any of the items specified in Schedule A (Price Schedule); and “Item 1” means a Vehicle; and “Item 2” means the Optional Items; which meet the description as set out in Schedule A (Price Schedule) for that item;

“local agent”

means a local agent as specified in Part 2 of Schedule D (Details of Local Support) or such other agent which replaces such local agent with the prior written approval of the Government;

“mandatory features”

“Optional Items”

“party”

“Pre-delivery Inspection” or “PDI”

means

Specifications;

those

features

identified

as

such

in

the

Technical

means those items under Item 2 specified in Schedule A (Price Schedule);

means a party to this Contract;

means the pre-delivery inspection to be conducted by the Contractor within Hong Kong in accordance with Clause 5 of the Special Conditions of Contract and other applicable provisions of the Contract;

“Ready to Use” means a Vehicle which has successfully passed the FAT, the Pre-delivery Inspection, and Site Acceptance Tests, and complies with all mandatory features and where applicable desirable features stated in the Technical Specifications, FAT Test Plan and Approved Checklist;

Tender Ref.: AD200612015

“Serviceable Life”

“Site”

“Site Acceptance Tests”

“Spare Part Supply Period”

“Spare Parts”

has the meaning given to it in Clause 14(a)(i) of the Special Conditions of Contract;

refers to the EMSD Workshop within Sai Tso Wan Vehicle Pound located at Sin Fat Road, Cha Kwo Ling, Kowloon or any other site as EMSD may notify;

means the site acceptance tests to be conducted by the Contractor in accordance with Clause 6 of the Special Conditions of Contract and other applicable provisions of the Contract;

means a period commencing from the date of the first Acceptance Note and expiring not less than nine (9) years after the date of the last Acceptance Note issued by the Government under the Contract;

has the meaning given to it in Clause 10(a) of the Special Conditions of Contract;

“Technical Service” means under 2007/46/EC an organisation or a body designated by the approval authority of a member state of European Union as a testing laboratory to carry out tests, or as a conformity assessment body to carry out the initial assessment and other tests or inspections, on behalf of the approval authority, it being possible for the approval authority itself to carry out those functions.

“Technical

means before the award of the Contract, the document identified

Specifications”

as such in the Tender Document; and after the award of the Contract, the Technical Specifications as submitted by the Contractor then as part of its Tender comprising all mandatory features and those desirable features which the Contractor has indicated compliance;

“Tender Closing Date”

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”

has the meaning given to it in Paragraph 4(a) of the Terms of Tender (Supplement);

“Vehicle”

means a crowd management vehicle to be supplied by the Contractor under this Contract as the context may require or permit;

“Vehicle Price”

means the price for one unit of a Vehicle specified in Schedule A (Price Schedule); and

Tender Ref.: AD200612015

“Warranties” 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” means in relation to a Vehicle, a period of 36 months commencing after the date of the Acceptance Note for that Vehicle, or such longer period as the Contractor may have committed in Part 3 of Schedule C (Product Information) for all parts of such Vehicle, subject to any further extension pursuant to Clause 16 of the Special Conditions of Contract; and

“Workshop” or

means the workshop specified in Part 1 of Schedule D (Details

“workshop”

of Local Support) or such other replacement workshop designated by the Contractor with the prior written approval of the Government.

(b)

For the purpose of this Invitation to Tender and the Contract,

(i)

the term “Goods” as defined in the Interpretation Section of the Standard Terms and Conditions (GLD-TERMS-1 (December 2015)) shall refer to the “Vehicle” and/or “Optional Items” and/or the “Spare Parts”; and

(ii)

the terms “mandatory requirement” and “mandatory requirements” in the Terms of Tender of the Standard Terms and Conditions (GLD-TERMS-1 (December 2015)) shall be read as “essential requirement” and “essential requirements” respectively,

as the context may require or permit.

(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.

Tender Ref.: AD200612015

The Government of the Hong Kong Special Administrative Region

Supply of Crowd Management Vehicles to the Electrical and Mechanical Services Trading Fund

1. Tender Document

Notes for Tenderers

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)

the Tender Form (G.F. 230 – Parts 1 to 5);

(b)

the Supplement to the Interpretation Section;

(c)

the Notes for Tenderers;

(d)

the Terms of Tender (Supplement);

(e)

Appendix;

(f)

the Special Conditions of Contract;

(g)

the Technical Specifications and their Attachments I to III;

(h)

the Schedules

- Schedule A (Price Schedule);

- Schedule B (Payment Terms);

- Schedule C (Product Information);

- Schedule D (Details of Local Support );

- Schedule E (Body Construction);

- Schedule F (Information Schedule);

- Schedule G (Price Terms for the Supply of Spare Parts);

(i)

Annex C (Form of Banker’s Guarantee);

(j)

Annex D (Form of Warranty Agreement); and

(k)

Annex E (Reply Slip)

(collectively, the “Tender Document”).

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) through the e-Tender Box of GLD at the website http://www.gldetb.gov.hk, if the prospective Tenderer has an account under the Procurement and Contract Management System of GLD;

Tender Ref.: AD200612015

(ii)

by facsimile on number (852) 2116 0102; or

(iii)

by mail to GLD, 9/F., North Point Government Offices, 333 Java Road, North Point, Hong Kong.

(b)

Any enquiries from a prospective Tenderer relating to the Technical Specifications, or any of the user requirements as stated in the terms and conditions of the Tender Document, up to the date of the Tenderer lodging its Tender with the Government shall be made in writing to (and with a copy thereof sent to GLD as set out in Paragraph 2(a) above):

Director of Electrical and Mechanical Services, Electrical and Mechanical Services Department (Attn.: Electrical and Mechanical Engineer / Vehicle Technical Services 1) 6/F., 3 Kai Shing Street Kowloon Bay, Kowloon, Hong Kong

Facsimile: (852) 2355 7126

(c)

After lodging a Tender with the Government, a Tenderer shall not attempt to initiate any further contact, whether direct or indirect, with the Government on its Tender or the Tender Document. The Government shall have the sole right to initiate any such further contact and all such contacts and any replies of the Tenderer thereof shall be in writing or formally documented in writing.

3. Tender Briefing Session

(a)

A tender briefing session will be held at 1500 hours on 19 January 2016 at Room 925, 9/F., North Point Government Offices, 333 Java Road, North Point, Hong Kong. Although attendance at the tender briefing session is not compulsory, prospective Tenderers are encouraged to participate. A prospective Tenderer who wishes to attend the briefing session is requested to complete the reply slip at Annex E and fax it to the Director of Government Logistics (Attn.: Senior Supplies Officer (A)) on number (852) 2116 0102 on or before 1200 hours on 15 January 2016. For planning purposes, the number of representatives of each prospective Tenderer is limited to two (2). If any prospective Tenderer wishes to bring along additional representatives, it should provide the information in the reply slip.

(b)

Questions for clarification at the tender briefing session may be submitted in writing to the Director of Electrical and Mechanical Services (Attn.: Electrical and Mechanical Engineer/ Vehicle Technical Services 1) by fax on number (852) 2355 7126 on or before 1200 hours on 15 January 2016.

Tender Ref.: AD200612015

(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.

Tender Ref.: AD200612015

The Government of the Hong Kong Special Administrative Region

Supply of Crowd Management Vehicles to the Electrical and Mechanical Services Trading Fund

Terms of Tender (Supplement)

1. Subject of Tender Invitation

The Goods to be procured under this Invitation to Tender are three (3) units of crowd management vehicles as more particularly described in the Technical Specifications.

2. Tender Preparation and Submission

Pursuant to Paragraph 3.3 of the Terms of Tender (GLD-TERMS-1 (December 2015)), the Tenderer is required to complete:

(a)

Schedule A (Price Schedule) with the item(s) fully priced, costed and totalled;

(b)

the other Schedules with all the information required respectively therein;

(c)

the statement of compliance by indicating compliance or otherwise with the requirements on each page of the Technical Specifications; and

(d)

the Attachments I and II to the Technical Specifications containing all information, drawings and plans required in the Tender Document.

The requisite information/supporting documents to be submitted by the Tenderer in its Tender are more particularly specified in Paragraph 20 of the Terms of Tender (Supplement).

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).

Tender Ref.: AD200612015

4.

Quotation

(a) The Tenderer shall quote, and any quotation submitted shall be deemed to be, an all- inclusive 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 Pre- delivery Inspection and the Site Acceptance Tests;

(v)

the provision of documentation and publications in accordance with Clause 11 of the Special Conditions of Contract;

(vi)

the provision of training and demonstrations in accordance with Clause 13 of the Special Conditions of Contract;

(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

Tender Ref.: AD200612015

(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. further.

Otherwise, the Tenderer’s Tender will not be considered

(b)

If the Tenderer is not the chassis manufacturer or the chassis manufacturer’s 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 manufacturer’s regional representative/subsidiary evidencing the agreement of the chassis manufacturer or the chassis manufacturer’s 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 manufacturer’s regional representative/subsidiary. If a Tenderer fails to submit the written

Tender Ref.: AD200612015

undertaking, if applicable, before the Tender Closing Time or by the time which may subsequently be specified by the Government at the Government’s discretion, its Tender will not be considered further.

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 Government’s 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 Tenderer’s 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

Tender Ref.: AD200612015

on its extended warranty package in Part 3 of Schedule C (Product Information) with its Tender.

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)

Availability of Technical Manpower Resources of the Workshop

Either any one (1) Workshop, or two (2) or more Workshops altogether, must fulfill the following requirements:

(1) there shall be at least three (3) vehicle mechanics (amongst them at least one (1) of them shall be specialised in electrical services) working in the Workshop; and

(2) on top of the three (3) vehicle mechanics as mentioned above, there shall be at least one (1) supervisory grade staff, each of them possesses higher certificate in vehicle engineering or relevant higher qualifications, working in the Workshop.

Tender Ref.: AD200612015

(iii) Availability of Trade Licence

The Tenderer or its proposed local agent shall in aggregate be the holder of at least one (1) trade licence issued by the Transport Department of the Government for the delivery and collection of vehicles for repair services.

(b)

To facilitate the Government’s assessment of the Tenderer’s or its proposed local agent’s compliance with the Workshop facilities, manpower resources and trade licence requirements as detailed in Paragraph 8(a) above, the Tenderer shall provide in Part 1 of Schedule D (Details of Local Support) the details of its Workshop facilities, manpower resources and trade licence in Hong Kong. If a Tenderer has proposed more than one (1) Workshop to carry out the warranty repair and after-sales services, the Tenderer’s attention is drawn that at least one (1) of the proposed Workshops must fulfill all the requirements specified in Paragraph 8(a)(i) above.

(c)

A Tenderer shall submit the information required in Part 1 of Schedule D (Details of Local Support) together with its Tender before the Tender Closing Time or by the time which may subsequently be specified by the Government at the Government’s discretion. Otherwise, the Tenderer’s Tender will not be considered further. 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) above for carrying out the warranty repair and after-sales services, the Tenderer’s Tender will not be considered further.

(d)

If a local agent is to be appointed by the Tenderer for performing the warranty repair and after-sales services, the Tenderer shall submit in Part 2 of Schedule D (Details of Local Support) the name and contact details of the proposed local agent. The Tenderer shall also submit together with its Tender a written undertaking issued by the proposed local agent to the effect that it would enter into sub-contract with the Tenderer for performing the warranty repair and after-sales services to the Vehicles should the Tenderer be awarded the Contract. The written undertaking shall be signed by a duly authorised representative of the proposed local agent. 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 Government’s discretion, its Tender will not be considered further.

(e)

If the Tenderer performs such warranty repair and after-sales services on its own, the Tenderer shall enter its own name in Part 2 of Schedule D (Details of Local Support).

(f)

The Government reserves the rights to conduct an inspection of the Workshop(s) proposed by the Tenderer during the Tender Validity Period. If, upon request from the Government,

Tender Ref.: AD200612015

(i)

the Tenderer fails to arrange for the Government Representative to inspect the Workshop(s) which is proposed to carry out the warranty repair and after-sales services to the Vehicles; and/or

(ii)

if the Government Representative finds, upon the inspection, that:

(1) none of the Workshop proposed individually fulfills the requirements specified in Paragraphs 8(a)(i) above;

(2) the Workshop(s) proposed whether individually or altogether fails to fulfill the requirements specified in Paragraph 8(a)(ii) above; and/or

(3) any of the documentary evidence submitted fails to substantiate that the Tenderer or its proposed local agent meets the requirements specified in Paragraph 8(a)(iii) above,

the Tenderer’s Tender will not be considered further.

(g) A Tenderer may offer the warranty repair and after-sales services for the Vehicles during the Warranty Period (excluding any extended warranty period offered in Part 3 of Schedule C (Product Information)) which are wider in scope than those stipulated in Clause 15 and Clause 16 of the Special Conditions of Contract, free of all charges to the Government, in Part 3 of Schedule D (Details of Local Support). If the offered warranty repair and after-sales services are accepted by the Government, the Tenderer shall be bound by such terms.

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 Government’s discretion, its Tender will not be considered further.

Tender Ref.: AD200612015

(c) The Tenderer shall also submit in Part 2 of Schedule E (Body Construction) a programme of construction work to be carried out for the completion of the Vehicles before the Tender Closing Time or by the time which may subsequently be specified by the Government at the Government’s discretion, otherwise its Tender will not be considered further.

10. Spare Parts

(a)

The successful Tenderer may be required, as part of the contractual obligations, to supply Spare Parts to the Government in accordance with Clause 10 of the Special Conditions of Contract.

(b)

A Tenderer shall submit, together with its Tender under Schedule G (Price Terms for the Supply of Spare Parts)), before the Tender Closing Time or by the time which may subsequently be specified by the Government at the Government’s discretion:

(i)

a comprehensive list of Spare Parts recommended for proper operation and maintenance of the Vehicles offered to be attached to Part 1 of Schedule G (Price Terms for the Supply of Spare Parts). Such list shall contain itemised prices which shall remain firm and fixed during the Fixed Price Period;

(ii)

a copy of the manufacturer's master list of Spare Parts as part of Schedule G (Price Terms for the Supply of Spare Parts) for reference.

Otherwise, the Tenderer’s Tender will not be considered further.

(c)

The price payable by the Government to the successful Tenderer for its supply and delivery of an item of Spare Part during the Fixed Price Period shall be determined in accordance with Clause 10 of the Special Conditions of Contract based on the quotations submitted in Schedule G (Price Terms for the Supply of Spare Parts).

11. Tenders to Remain Open

(a)

A Tender once submitted by a Tenderer will be binding on the Tenderer.

(b)

It is an essential requirement of this Invitation to Tender that a Tender shall remain valid and open for acceptance for the longer of the following periods:

(i)

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,

(“Tender Validity Period”).

Tender Ref.: AD200612015

(c)

If a Tenderer does not state in its Tender the period for which the Tender is to remain valid and open for acceptance, the Tender Validity Period of that Tender shall be the period in Paragraph 11(b)(i) above.

(d)

If a Tenderer offers in its Tender a period that is shorter than the period referred to in Paragraph 11(b)(i) above, or if it rejects the Tender Validity Period prescribed in Paragraph 11(b) above, its Tender will not be considered further.

12. Payment Terms

(a)

Payment to the successful Tenderer shall be made in accordance with the payment timetable in Paragraph 2 of Schedule A (Price Schedule).

(b)

A Tenderer is requested to indicate in the space provided in Part 1 of Schedule B (Payment Terms) the prompt discount it will allow on any payment under the Contract if made in full within the period of time as specified in Part 1 of Schedule B (Payment Terms).

(c)

Payment to a successful Tenderer from a place outside Hong Kong will be made by telegraphic transfer. A Tenderer from a place outside Hong Kong is therefore required to provide its banking details in Part 2 of Schedule B (Payment Terms).

13. Statement of Compliance

(a) The Vehicles, the Spare Parts, and where applicable the Optional Items offered by the Tenderer shall comply with all the mandatory features stipulated in 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 mandatory features concerning the Vehicles. In relation to the mandatory features, 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 mandatory features in that Clause or Sub-clause. The Tenderer shall also provide the details of its offered Vehicles in Attachment I to the Technical Specifications. A Tenderer’s Tender will not be considered further if:

(i) the information concerning the Vehicles whether as provided by the Tenderer or otherwise published by the relevant manufacturer indicates that such Vehicles fail to comply with any of the mandatory features in the Technical Specifications; or

Tender Ref.: AD200612015

 

(ii)

upon 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)), a Tenderer expressly indicates non-compliance with any mandatory features of the Technical Specifications.

(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)

the information concerning the Vehicles whether as provided by the Tenderer or otherwise published by the relevant manufacturer indicates that such Vehicles fail to comply with any of the desirable features in the Technical Specifications; or

(ii)

upon 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)), a Tenderer expressly indicates non- compliance with any desirable features of the Technical Specifications.

14. Alternative Offer

If a Tenderer proposes to offer two (2) or more alternative models of the Vehicles in response to this Invitation to Tender, the Tenderer should submit and clearly identify the relevant information/proposal related to each model separately. An alternative model will not be considered further if it fails to comply with any of the mandatory features in the Technical Specifications.

Tender Ref.: AD200612015

15. Basis of Acceptance

(a)

Tenderers must offer to provide all three (3) units of the Vehicles in Schedule A (Price Schedule). The evaluation will be based on the offer for all such units. A Tender with an incomplete offer will not be considered further.

(b)

The Government reserves the right to accept any or none of the Optional Items in Schedule A (Price Schedule).

16. Tender Evaluation

Without prejudice to other rights and powers of the Government not to consider a Tender under other applicable provisions in the Tender Document, the evaluation of Tenders will be conducted as follows:

(a)

Completeness Check

A

completeness check will be conducted by checking whether the Tender has been

submitted in accordance with the procedural requirements stipulated in the Tender

Document.

If a Tenderer fails to submit any of the information / documents

stipulated in Paragraph 20(a) “Information to be Submitted” of the Terms of Tender (Supplement) before the Tender Closing Time, its Tender will not be considered further.

(b)

Assessment of Compliance with Essential Requirements

A Tender will be checked for its compliance with the essential requirements as detailed

in

the Tender Document. Any Tender which fails to meet any of these essential

requirements will not be considered further.

(c)

Price Assessment

(i)

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)

For tender price assessment purposes,

(1) the tender prices for the Optional Items in Schedule A (Price Schedule), the prices for the recommended Spare Parts in Schedule G (Price Terms for the Supply of Spare Parts) as required under Paragraph 10 of the Terms of Tender (Supplement) and any prompt payment discount offered by a Tenderer in Schedule B (Payment Terms) will not be taken into consideration in the tender price assessment; and

Tender Ref.: AD200612015

(2) the tender prices quoted in US dollars will be converted to Hong Kong dollars based on the official opening selling rate of US dollars quoted by the Hong Kong Association of Banks on the Tender Closing Date.

(d)

Delivery Terms Offered

If there is more than one lowest conforming Tenders offering the same Total Quotation, preference will be given to the Tender which has offered an earlier delivery date in Schedule C (Product Information).

(e)

Subject to Paragraph 16(d) above and without prejudice to the other provisions of the Tender Document, the Tenderer who submits the lowest Total Quotation and whose Tender passes the completeness check and complies with the essential requirements will normally be awarded the Contract.

17. Contract Deposit

(a)

Pursuant to Paragraph 27 of the Terms of Tender (GLD-TERMS-1 (December 2015)), if the successful Tenderer elects to pay the Contract Deposit by way of a banker’s guarantee, the banker’s guarantee must be on the terms set out at Annex C.

(b)

A Tenderer is reminded to complete Part I of Annex B of the Terms of Tender (GLD- TERMS-1 (December 2015)) the method of paying the Contract Deposit.

18. Intellectual Property Rights Licence

(a)

A Tender once submitted will become the property of the Government. Tenders of unsuccessful Tenderers will be destroyed in accordance with Paragraph 29 of the Terms of Tender (GLD-TERMS-1 (December 2015)). In consideration of the Government considering its Tender and subject to the terms and conditions of the Tender Document, without prejudice to all other rights and powers of the Government under the Tender Document (including in particular its right to disclose information in the Tenders), each Tenderer grants to the Government, its assigns, successors-in-title, and authorised users, a free, exclusive, sub-licensable, transferable, assignable, irrevocable, world- wide, unrestricted right and licence to use or exercise all or any Intellectual Property Rights subsisting in its Tender for the purposes of tender evaluation and for all other purposes incidental thereto or in connection therewith. Such rights and licence shall continue to subsist so long as all or any Intellectual Property Rights subsist in the Tender (or any part thereof) under any applicable law, including the Laws of Hong Kong.

(b)

The Tenderer shall indemnify the Government, its assigns, successors-in-title, and authorised users on the terms set out in Clause 21 of the Special Conditions of Contract

Tender Ref.: AD200612015

in the event that the exercise by any of them of the rights mentioned in Paragraph 18(a) above infringes or is alleged to infringe the Intellectual Property Rights of a third party.

(c) The Tenderer shall waive and undertake to procure the consent of all authors of the Tender to waive all moral rights in the Tender (whether past, present or future). The waiver shall operate in favour of the Government, its assigns, successors-in-title, and authorised users and shall take effect from the date of submission of its Tender.

19. Negotiations

The Government reserves the right to negotiate with any Tenderer the terms of the Tenderer’s 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.

20. Information to be Submitted

(a)

A Tenderer shall submit the following information/supporting documents in its Tender before the Tender Closing Time:

(i)

in case of Paper-based Tendering, Part 4 “Offer to be Bound” of the Tender Form (G.F. 230) duly signed by the Tenderer;

(ii)

the unit price and the Total Quotation for Item 1 of Schedule A (Price Schedule); and

(iii)

the particulars of offered Vehicles as required in Part 1 of Schedule C (Product Information).

Otherwise, the Tenderer’s Tender will not be considered further.

(b)

In addition to Paragraph 20(a) above, the Tenderer is required to provide all other information/supporting documents requested in this Tender Document or relevant to its Tender, including but not limited to the following:

(i)

the Statement of Compliance in the Technical Specifications or the written confirmation on the compliance of the Tender with all mandatory features of the Technical Specifications;

(ii)

information required in Attachment I to the Technical Specifications;

(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:

Tender Ref.: AD200612015

(1) the technical information relating to the chassis and various parts of the Vehicles, which shall be issued by the respective chassis / spare part manufacturers;

(2)

the type-approval certificate(s) of the offered chassis issued by Transport Department of the Government, if the offered chassis has been imported into Hong Kong on or before the Tender Closing Date;

(3)

if the offered chassis has not yet been imported into Hong Kong before the Tender Closing Date, the chassis manufacturer’s written confirmation that it will obtain the approval(s) as stipulated in Paragraph 20(b)(iii)(2) above before any of the Vehicles are delivered the Site;

(4)

the dimensional layout drawings which shall clearly show, including but not limited to, the layout of the Vehicle; overall dimensions of the Vehicle; lightings; positions of major components such as water tank, pump engine set, roof monitors, forward protection monitor etc. to be installed on the Vehicles;

(5) information sheet of the Vehicles, including but not limited to designed gross vehicle weight, axle rating and loading, published specification sheets of the chassis, engine and major components, brake circuit diagram of the Vehicles;

 

(6)

technical information, arrangement and design of various systems, including water installation, pump engine set, roof monitors, forward protection monitor, foam system, tear gas system, dye stuff system, pressurizing and air filtering system, special warning lights and siren and public address system, CCTV and digital video recording system, and their associated control and monitoring system; and

(iv)

the information to be provided in separate sheets as required in Clause 2 of Technical Specification.

(v)

the information on the workshop which will carry out the warranty repair after- sales 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);

Tender Ref.: AD200612015

(ix)

the information and/or statement as required in Paragraphs 24.2 (Government Discretion) of the Terms of Tender (GLD-TERMS-1 (December 2015)) in Part 2 of Schedule F (Information Schedule);

(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)

the written undertaking as required in Paragraph 5(b) of the Terms of Tender (Supplement);

(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 Tenderer’s 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)

a copy of valid Business Registration Certificate or other valid business document of the Tenderer issued by a competent authority;

(ii)

a copy of the Certificate of Incorporation or the Certificate of Change of Name (if any) or equivalent document in the Tenderer’s trading name as shown in the Business Registration Certificate or other valid business documents issued by a governmental or competent authority;

(iii)

details of the Tenderer’s status as required in Part 1 of Schedule F (Information Schedule); and

(iv)

contact details of the Tenderer in Appendix of the Terms of Tender (GLD- TERMS-1 (December 2015)).

Tender Ref.: AD200612015

If any is found missing in a Tender, the Government may, but is not obliged to, make a request for the missing item. If any of the above information is still not provided by the time specified by the Government, the Tenderer’s Tender may not be considered further.

(d) Nothing in this Paragraph shall limit the Government’s absolute right to determine or to request any other information/supporting documents in connection with or arising out of this Invitation to Tender.

19.

Deletion

For the purpose of this Invitation to Tender, Paragraph 4 (Tenders to Remain Open), Paragraph 6 (Checklist of Compliance), Paragraph 10 (Manufacturer’s Agreement), Paragraph 23 (Negotiations), Paragraph 27.3(b) (Contract Deposit) and Part II of Annex B (Form of Banker’s Guarantee for the Performance of a Contract) of the Terms of Tender (GLD-TERMS-1 (December 2015)) are deleted.

Tender Ref.: AD200612015

Contact details of:

APPENDIX

(1)

the Government (for user department):

Electrical

and

Mechanical

Services

 

Department

 

Address:

6/F., 3 Kai Shing Street, Kowloon Bay, Kowloon.

Attn:

Electrical and Mechanical Engineer / Vehicle Technical Services 1

Facsimile Number:

(852) 2355 7126

 

Email address:

cmchung@emsd.gov.hk

 

(2)

the Government Representative:

Government Logistics Department

Address:

9/F., North Point Government Offices, 333 Java Road, North Point, Hong Kong.

Attn:

Controller (Procurement)

 

Facsimile Number:

(852) 2116 5225

 

(3)

the Tenderer:

Address :

Attn:

Facsimile Number:

Email address:

(4)

Process Agent (for a Tenderer incorporated, formed or established outside Hong Kong):

Address:

Attn:

Facsimile Number:

Email address:

Tender Ref.: AD200612015

Supply of Crowd Management Vehicles to the Electrical and Mechanical Services Trading Fund

Special Conditions of Contract

1. 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)

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)

on or before the date committed by the Contractor in Schedule C (Product Information); or

(ii)

if no alternative delivery date is committed by the Contractor in Schedule C (Product Information), on or before the last working day of the eighteen (18)-month period commencing from the Contract Date.

(b)

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)

all milestones agreed by the Government Representative for performance of the Contract (including each milestone to be achieved in the manufacturing process) and target dates for achieving each milestone (including the dates for submitting the documentation before the Factory Acceptance Tests, conducting the Factory Acceptance Tests, shipment and delivery of the Vehicles to Hong Kong, the Pre-delivery Inspection, the Site Acceptance Tests, training and demonstrations and after-sales services required under the Contract);

(ii)

the entire manufacturing process of the Vehicles;

(iii)

a schedule for delivery of the Vehicles; and

(iv)

any other information required by the Government Representative.

Tender Ref.: AD200612015

(c)

If in the reasonable opinion of the Government Representative the draft timetable does not fulfill the requirements as set out in Clause 2(a) of this Part, or the draft timetable requires alteration or adjustment, the Contractor shall revise, alter and/or adjust the timetable and carry out the Contract in accordance with such revised timetable at no additional cost to the Government.

(d)

The timetable as approved by the Government Representative shall be referred to as the “Approved Timetable”. Nothing in the Approved Timetable shall vitiate the Deadline Delivery Date set out in Clause 2(a) of this Part.

(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.

3. 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)

The submission or acceptance of a progress report or the issuance of a notice pursuant to this Clause 3 shall not prejudice any rights or claims of the Government under the Contract or at law.

Tender Ref.: AD200612015

4. Vehicle Inspection and Factory Acceptance Tests

(a)

The Contractor shall, on the date specified in the Approved Timetable and at the Contractor’s 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)

Road tests for the Vehicles shall include:

 

- performance test;

- acceleration test;

- brake tests; and.

- turning circle diameters - left lock and right lock.

 

(ii)

Performance tests of the Vehicles shall include without limitation to water pump, pump engine set, all monitors and protection nozzles, foam proportioning unit, tear gas system, dye stuff system, pressurizing and air filtering system, CCTV and digital video recording system, on-board battery charger system, auxiliary power supply system, special warning lights and public address system and other major compliance with all mandatory features and where applicable desirable features set out in the Technical Specifications.

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)

all

procedures

of

the

FAT

(including

the

testing

and

parameters

measurement procedures);

 

(ii)

pass and fail criteria for each test or procedure;

 

(iii)

expected results of each test or procedure;

(iv)

the venues where the tests will be conducted;

Tender Ref.: AD200612015

(v)

a schedule showing all timing and sequence of testing,

(vi)

report forms; and

(vii)

other matters relating to the FAT as the Government Representative may require

for the consideration and approval by the Government Representative. If in the reasonable opinion of the Government Representative, any component of the test plan does not provide sufficient details to test compliance of each unit of the Vehicles with each mandatory feature and where applicable desirable features stated in the Technical Specifications, the Contractor shall make all necessary amendments to such test plan as the Government Representative may request. The test plan as approved by the Government Representative shall be referred to as “FAT Test Plan”.

(d)

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 non- conformities 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)

Even if it is not so mentioned in Report, if in the judgment of the Nominated Persons that any Vehicle fails to comply with any mandatory feature or where applicable desirable feature of the Technical Specifications, or fail to pass the FAT or the FAT as conducted fails to comply with the FAT Test Plan:

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(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 non- conformity identified during the FAT under (i) above, the Contractor shall propose for the Government’s 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)

After completion of the remedial actions as mentioned in Clause 4(e) or Clause 4(f)(iii) of this Part, the Government Representative may require the Contractor to re-conduct the FAT or such part thereof in such manner and within such period specified by the Government Representative. If the Contractor is required under this Sub-clause to re-conduct the FAT or such part thereof, the provisions of this Contract in relation to a FAT shall apply to such re-conducted FAT save that the Contractor shall be liable for all costs and expenses incurred by Nominated Persons for attending the re-conducted FAT (including expenses incurred by each of the Nominated Persons for accommodation and meals, his subsistence allowance and his airfare charges on a full indemnity basis). For the avoidance of doubt, if all or any of the Vehicles still fails the re-conducted FAT (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 and the re-conduct of the FAT, or exercise its rights under Clause 8(b) of this Part.

(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

Any notification issued by the Government that a Vehicle passes

the Contractor.

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the FAT 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.

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 Vehicle’s 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”).

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(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 Government’s 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.

6. Delivery and Site Acceptance Tests

(a)

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 Contractor’s 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,

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certificates and approvals and take out all insurance as required under the Laws of Hong Kong for delivering all of the Vehicles to the Site.

(c)

Upon delivery of a Vehicle to the Site, the Contractor shall, at the Contractor’s 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 Government’s 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 Representative’s 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.

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7. Not Used

8. Acceptance and Rejection of a Vehicle

(a)

If the Government is satisfied that a Vehicle has successfully and satisfactorily passed the FAT, the PDI and the Site Acceptance Tests and that the Vehicle has met all requirements of the Contract (including all mandatory features and where applicable desirable features stated in the Technical Specifications, the FAT Test Plan and the Approved Checklist), the Government shall within twenty (20) working days issue to the Contractor a certificate to this effect in respect of such Vehicle (“Acceptance Note”).

(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)

accept the Defective Vehicle(s) subject to an abatement of the Vehicle Price for such Defective Vehicle(s); or

(ii)

reject the Defective Vehicle(s).

(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.

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(e)

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)

the Inherently Defective Vehicle(s) are in breach of any of the Warranties set out in Clause 14(a)(i) of this Part, or any of the Warranties set out in Clauses 2.1(a) to 2.1(c) of the General Conditions of Contract (GLD-TERMS-1 (December 2015));

(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 Government’s 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

(iii)

there is no substantial change in the condition of the Inherently Defective Vehicle(s) which is not caused by the defect or non-conformity constituting the breach of any of the Warranties.

(h)

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)

to require the Contractor to replace the Inherently Defective Vehicle(s) with brand new units of Vehicle(s) or any parts thereof (“Replacement Vehicle(s)”). The Contractor shall conduct the FAT, the PDI, and the Site Acceptance Tests in respect of the Replacement Vehicle(s) on the same terms as set out in the Contract but the timetable for doing so shall be proposed by the Contractor within seven (7) days after the rejection notice and acceptable to the Government (“Replacement Timetable”). If no

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Acceptance Note can be issued by the stipulated date in the Replacement Timetable, or if the Replacement Timetable as proposed by the Contractor is not acceptable to the Government, the Government may exercise the option specified in Clause 8(h)(ii) of this Part or the option specified in Clause 8(i) of this Part; and/or

 

(ii)

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)

In lieu of rejecting the Inherently Defective Vehicle(s) pursuant to Clause 8(g) of this Part, the Government may continue to accept the Inherently Defective Vehicle(s) provided that an abatement of the Vehicle Price for each of such Inherently Defective Vehicle(s) shall be agreed between the Government and the Contractor within fourteen (14) days from the date of the Government’s notice to the Contractor that it is exercising its right under this Clause or within such longer period as the parties may agree. If the parties fail to reach any agreement on the amount of the abatement, the Government may reject the Inherently Defective Vehicles pursuant to Clause 8(g) of this Part.

(j)

Upon rejection by the Government of any Defective Vehicle(s) pursuant to any applicable provision of this Clause 8 or Clause 17(b) of this Part, the Contractor shall, at the Contractor’s own cost and expenses, collect the Defective Vehicle(s) from the Government premises if the same are in the possession of the Government within one (1) month after the issue by the Government of the rejection notice. If the Contractor fails to do so, the Government shall be free to deal with or dispose of the Defective Vehicle(s) as the Government sees fit and the Contractor shall reimburse the Government for all costs incurred in doing so.

(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.

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(l) Nothing in the Contract including without limitation Clause 8(g) of this Part shall prejudice the Government’s 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.

9. Title, Risks and Insurance

(a)

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 Government’s 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.

10. Spare Parts

(a) In respect of each Vehicle, the Contractor hereby undertakes to maintain adequate stock of all spare parts and replacement units and components (including those listed out in the comprehensive list of spare parts attached to Schedule G (Price Terms for the Supply of Spare Parts) (collectively, “Spare Parts”) as are necessary to ensure the good and proper functioning and operation of each such Vehicle and to ensure that each such Vehicle will at all times be maintained in good working order and in accordance with the Contract for a period commencing from the date of the first Acceptance Note and expiring not less than nine (9) years

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after the date of the last Acceptance Note issued by the Government pursuant to Clause 8(a) of this Part (“Spare Part Supply Period”). The undertaking in this Clauses 10(a) and 10(c) and 10(d) shall survive and continue notwithstanding the expiry or early termination of the Contract Period specified in Clause 1 of this Part. In the event that the Contractor appoints the local agent to perform the warranty repair and after-sales services, the Contractor undertakes that it shall ensure that the local agent will be supplied and maintain adequate stock of spare parts and replacement units and components as specified in this Clause.

(b)

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 manufacturer’s 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 manufacturer’s master list on the Spare Parts within two (2) weeks after any change is made to the manufacturer’s master list anytime during the Spare Part Supply Period.

11. Documentation and Publications

(a) 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)

one (1) weight test certificate in respect of each completed Vehicle measured in unladen and laden conditions with the fuel tank filled up to at least 75% full;

(iii)

one (1) brake test certificate in respect of each completed Vehicle under fully laden conditions;

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(iv)

five (5) sets of operation and maintenance workshop manuals (preferably in traditional Chinese but English version is also acceptable), which shall include all the equipment, including all monitors and protection nozzles, water tank, water pump, pump engine set, foam proportioning unit, tear gas system, dye stuff system, and pressurizing and air filtering system etc. as required in the Technical Specifications;

(v)

five (5) sets of parts catalogues (preferably in traditional Chinese but English version is also acceptable), which shall include all the vehicle chassis, transmission, vehicle electric, engine and equipment as required in the Technical Specifications;

(vi)

two (2) sets of driver’s 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 driver’s 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.

12. Body Construction and Inspection

The body construction work, including body finishing and markings (if any), shall be carried out by the Body Builder (if it is a different person from the Contractor) and according to the work programme as specified in Schedule E (Body Construction).

13. Training and Demonstrations

(a) 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

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Representative at least six (6) weeks before the intended delivery date to the Site for the first Vehicles (“First Delivery Date”). The training proposal shall clearly specify the scope, content, duration and the time and date for holding each type of the training courses mentioned below:

(i)

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)

two (2) two-day comprehensive maintenance 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 at locations specified by the Government Representative. The courses shall focus on not only the maintenance of the Vehicles but also application of special tools and equipment such as “hands-on” diagnosis system to test the Vehicles.

(iii)

three (3) video compact discs or DVD-recordable, in Cantonese, on how to operate the Vehicle and equipment shall be provided to the Government within one (1) week after the First Delivery Date.

The Contractor shall issue a certificate to each trainee within two (2) weeks upon satisfactory completion of the training.

(b)

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 Government’s 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.

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14. Representations and Warranties

(a)

Without prejudice to Clause 2 of the General Conditions of Contract (GLD-TERMS-1 (December 2015)), the Contractor hereby warrants that:

(i)

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

(iii)

upon issuance of an Acceptance Note in respect of a Vehicle, the Government shall obtain good and marketable title to such Vehicle on the terms set out in Clause 9(a) of this Part.

(b)

Notwithstanding Clause 2.2 of the General Conditions of Contract (GLD-TERMS-1 (December 2015)), the Warranties set out in Clauses 2.1(a) to 2.1(c) of the General Conditions of Contract (GLD-TERMS-1 (December 2015)) shall be true throughout the Warranty Period and the Serviceable Life of a Vehicle as these Warranties apply to such Vehicle. Reference to “Warranties” shall include the warranties as set out in Clause 14 of this Part. For the avoidance of doubt, without prejudice to each of the Sub-clauses in Clause 22(a) of this Part, all of the Warranties are conditions of the Contract where the non-compliance with any of which entitles the Government, if it so chooses, to reject the Goods and terminate the Contract in accordance with the applicable provisions of the Contract or otherwise by virtue of its rights at law.

15. Warranty Repair and After-sales Services

(a) 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

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necessary to ensure that the Warranties specified in Clause 14(a) of this Part and Clauses 2.1(a) to 2.1(c) of the General Conditions of Contract (GLD-TERMS-1 (December 2015)) shall continue to be complied with and observed; and that the Vehicle shall continue to operate in its full and proper working condition. The warranty repair and after-sales services shall be provided in accordance with the Contract including Clause 15 and Clause 16 of this Part, and any such additional warranty repair and after-sales services stated offered by the Contractor (if any) in its Tender or by the Contractor or the Body Builder or manufacturer of the Vehicle or chassis or any individual equipment of the Vehicles from time to time which are wider in scope than those as specified herein.

(b)

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 Government’s fault reports by attending on site within 24 hours.

(e)

After being notified by the Government of any defect or mal-function or deficiency in relation to the Vehicle or any part thereof which cannot be rectified on site or after the Contractor’s on-site attendance it is discovered that the defect or mal-function or deficiency cannot be rectified on site, the Contractor shall forthwith collect the Vehicle from the site or the maintenance service provider on Hong Kong Island, in Kowloon and the New Territories or on outlying Islands as the Government may notify, at no cost to the Government and without delay. The Contractor shall conduct the repair or replacement of all defective or mal- functional or deficient parts of the Vehicle at the workshop. After completion of the repair or replacement of all defective or mal-functional or deficient parts of the Vehicle, the Contractor shall return the repaired Vehicle back to the site of collection or any location as the Government may specify.

(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

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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.

(g)

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)

Where a local agent is specified in Schedule D (Detail of Local Support), the Contractor shall ensure that all of the services specified in Clauses 15 and 16 are performed by such local agent at the Workshop as specified in Part 1 of Schedule D (Details of Local Support). The local agent/Workshop shall not be replaced unless prior written approval has been given by the Government Representative. In the event that the Contractor proposes to appoint a new local agent and/or Workshop to undertake the warranty repair and after-sales services, the Contractor shall, at least three (3) months before the proposed change, submit details of the proposed Workshop which Workshop facilities and manpower shall meet the requirements as specified in Paragraph 8 of the Terms of Tender (Supplement) to the Government Representative for approval. The appointment or replacement of any local agent and/or Workshop to undertake the warranty repair and after-sales services shall not relieve the Contractor from any liability or obligations under this Contract and the Contractor shall be responsible for the acts, omissions, defaults and negligent of the local agent and/or the Workshop (including any staff of the Workshop), as fully as they were the acts, omissions, defaults or neglect of the Contractor.

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:

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(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)

additional free warranty period provided by the Contractor in Schedule C (Product Information), if any; and

(v)

each six-month extension to the Warranty Period, pursuant to Clause 16(b) of this Part (if any).

The calculation formula for the availability for the Vehicle is:

Availability = 100% x (1 -

Accumulated down time due to warranty repair (Note) in days

Number of days within the reporting period

)

Note: The warranty repairs can mean repairs or replacement done by the Contractor or separately arranged by the Government and notified to the Contractor for compiling the availability report.

(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)

During the Warranty Period, if there is an increasing trend of warranty repairs or any lengthy down time is encountered due to warranty repairs whether in respect of one or more Vehicle(s), the Contractor shall identify the root cause of the defect to the satisfaction of the Government Representatives. When such root causes are identified, the Contractor shall propose and implement a remedial action plan to the satisfaction of the Government. The Contractor shall be responsible for repairing the defect after the Warranty Period if the remedial action plan has not been completed. If no such remedial action plan is available or such remedial action plan when implemented still cannot resolve the root cause of the defect, the

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Government may proceed to rectify the defects by repair or replacement, on its own or through a third party service provider in respect of all Vehicle(s) affected by the defect. 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.

17. Delays in Delivery of Vehicles

(a)

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

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Contractor shall forthwith refund to the Government all monies previously paid to the Contractor under the Contract in respect of the Delayed Vehicle(s) together with interest to accrue in accordance with Clause 18(i) of this Part.

18. Payment Terms

(a)

Payment for the Contract Price shall be made in accordance with the payment timetable set out in the Schedule A (Price Schedule).

(b)

All demands for payment shall be supported by commercial invoices and documentation in relation to the completion of the services / work at each stage.

(c)

For a Contractor outside Hong Kong, payment will be made by telegraphic transfer to the Contractor’s 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 Government’s acceptance of the Contractor’s 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

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without limitation not having taken into account all applicable deductions), or (iii) the Contractor disputing any deductions or withholding made by the Government pursuant to the Contract. Each invoice shall include deductions which may be made pursuant to the terms of the Contract (including without limitation any amount of liquidated damages payable under Clause 17(a) of this Part) and shall show the net amount payable after taking into account all deductions. If the Contractor does not render an invoice charging a correctly stated net amount due to its failure to take into account all appropriate deductions or otherwise, the Government may, but is not obliged to, pay the net amount which duly takes into account all appropriate deductions.

(h)

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.

19. Contract Deposit

(a)

Pursuant to Clause 16 of the General Conditions of Contract (GLD-TERMS-1 (December 2015)), if the Contract Deposit is to be paid by banker’s guarantee, it must be on the terms set out at Annex C.

(b)

If the Contract Deposit is paid by way of a banker’s guarantee, the banker’s guarantee shall be discharged and released in accordance with its terms. If the Contract Deposit is paid by way of cash, if any is remaining, the balance shall be returned to the Contractor without interest in accordance with the same applicable date as the banker’s guarantee may be released as specified in Clause 7 of Annex C.

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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)

Special Packing Requirements The packing, marking and documentation within and outside the packages shall comply strictly with any special requirements in the Contract or in any subsequent instructions by the Government Representatives and, where appropriate, with applicable regulations governing the despatch of hazardous cargo by sea, air or overland.

(c)

Special Instructions In the event that compliance with the Government’s 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.

21. Liability and Indemnity

(a)

Neither the Government nor any of its employees or agents shall be under any liability whatsoever for or in respect of:

(i)

any loss of or damage to any of the Contractor’s property or that of its employees, agents or sub-contractors howsoever caused whether by any act, omission, default or Negligence of the Government or any of its employees or agents or otherwise; or

(ii)

any injury to or death of any of the Contractor’s employees, agents or sub- contractors 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.

(b)

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),

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indebtedness, damage, costs, losses, charges and expenses (including but without limitation those incurred arising from any Third Party Claims, and all legal, expert and other costs and expenses, on a full indemnity basis, whether incurred by an Indemnified Party in any Third Party Claims or in initiating or defending any other claim, counter-claim, action or proceeding), which in any case arise directly or indirectly from, or in connection with, or out of, or which relate in any way to:

(i)

the negligence, recklessness or wilful misconduct of the Contractor or any of its employees, agents or sub-contractors;

(ii)

the failure of the Contractor to comply with or observe any terms or conditions of this Contract;

(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)

failure of the Contractor or any of its employees, agents or sub-contractors to comply with or observe any law and regulation in the performance of the Contract;

(v)

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

(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 sub- contractors.

(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.

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22. Termination of the Contract

(a) 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)

a petition is presented or a proceeding is commenced or an order is made or an effective resolution is passed for the winding-up, insolvency, bankruptcy, administration, reorganisation, reconstruction, or dissolution of the Contractor other than for the purpose of a solvent reconstruction or amalgamation previously approved by the competent authority in writing, or the Contractor makes any composition or arrangement with creditors; or a receiver, administrator, trustee or similar officer has been appointed in respect of the Contractor or all or any part of its business or assets;

(iii)

the Contractor abandons the Contract in part or in whole;

(iv)

the Contractor assigns or transfers or purports to assign or transfer all or any part of the Contract or all or any of its rights or obligations thereunder without the prior written consent of the Government;

(v)

any event or circumstance occurs which enables the Government to terminate the Contract under any one of the following provisions:

(1)

Clause 15.8(a) (Intellectual Property Rights) of the General Conditions of Contract (GLD-TERMS-1 (December 2015));

(2)

Clauses 16.3 and 16.10 (Contract Deposit) of the General Conditions of Contract (GLD-TERMS-1 (December 2015));

(3)

Clause 23.3 (Probity) of the General Conditions of Contract (GLD- TERMS-1 (December 2015));

(4)

Clause 8(d) or Clause 8(h)(ii) (Acceptance and Rejection of a Vehicle) of this Part;

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(5)

Clause 17(b)(i) (Delays in Delivery of Vehicles) of this Part; or

(6)

Clause 27(f) (Force Majeure) of this Part;

 

(vi)

there is any claim as referred to in Clause 15.8 of the General Conditions of Contract (GLD-TERMS-1 (December 2015)) and instead of electing only to terminate the Contract in respect of the Goods not yet received by the Government, the Government elects to terminate the entire Contract in respect of all Goods regardless of whether or not they have been delivered (which for the avoidance of doubt the Government is entitled to do notwithstanding Clause 15.8(a) of the General Conditions of Contract (GLD-TERMS-1 (December 2015))); or

(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)

Each of the grounds entitling the Government to terminate the Contract as specified in Clause 22(a) of this Part shall be construed independently and shall not be limited or restricted by reference to or inference from any other ground or any other provision of this Contract.

(c)

Instead of terminating the Contract in relation to all of the Vehicles pursuant to Clause 22(a) of this Part, the Government may elect, but is not obliged, to terminate the Contract in relation to one or more but not all of the Vehicles (“Terminated Vehicles”) in light of any of the events specified in Clause 22(a) above or otherwise pursuant to Clause 8(d) or Clause 8(h)(ii) or Clause 17(b) of this Part (“Partial Termination”).

23. Consequences of Termination

(a) Upon

expiry

or

(“Termination”):

early

termination

of

the

Contract

(howsoever

occasioned)

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

(1)

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

(2)

the rights and claims which have accrued to a party prior to the Termination; and

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(3)

the continued existence and validity of those provisions which are expressed to or which in their context by implication survive the Termination (however occasioned);

(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 Government’s premises at the Contractor’s 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

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novation to enter into and perform any such deeds of assignment, transfer or novation.

(b) Upon a Partial Termination pursuant to Clause 22(c) of this Part:

(i)

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)

the Government’s rights and claims under the Contract or otherwise at law against the Contractor arising from antecedent breaches of the Contract by the Contractor;

(2)

the rights and claims which have accrued to a party prior to the Partial Termination; and

(3)

the continued existence and validity of all remaining provisions of the Contract.

(ii)

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 (GLD- TERMS-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)

If requested by the Government,

(i)

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 sub- contract, the sub-contractor shall enter into a warranty agreement with the Government in the form appearing at Annex D.

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25. Further Assurance

The Contractor shall, forthwith upon the first written request of the Government, do all such things and execute all such deeds and documents as the Government may deem necessary or desirable to implement or to give legal effect to the provisions of the Contract and transactions provided for or contemplated under the Contract.

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 Government’s 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.

27. Force Majeure

(a)

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)

Provided the Government is satisfied with the Contractor’s claim of a Force Majeure as stated in a Suspension Notice which has materially prevented and will continue to materially prevent it from performing its obligations under the Contract or such part thereof, the Contract or such part thereof strictly to the extent of such prevention shall be suspended during the subsistence of such Force Majeure commencing from a date to be agreed between the parties (“Suspension due to the Force Majeure”).

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(c)

Following the issue of a Suspension Notice by the Contractor to the Government (as the case may be), the Contractor shall keep the Government informed once every two (2) weeks or such later date as may be granted by the Government, and upon the request of the Government, of:

(i)

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)

the actions taken or proposed to be taken by the Contractor to mitigate or minimise the effects of that Force Majeure event; and

(iii)

any other matters relevant to that Force Majeure event or the Contractor’s performance affected by that Force Majeure event.

(d)

Whilst the Suspension due to the Force Majeure subsists:

(i)

the Contractor shall remove or mitigate the effect of the Force Majeure event on the Contractor’s 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)

the Government may make alternative arrangements for the performance of any suspended obligations, whether by another person or otherwise; and

(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 Government’s decision shall be final in the absence of manifest error.

(f)

Notwithstanding anything in the Contract to the contrary, should a Suspension due to the Force Majeure subsists for more than thirty (30) days, the Government shall be entitled to terminate the Contract pursuant to Clause 22(a)(v)(6) of this Part.

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28. Contractor’s Performance

The Contractor should note that its subsequent performance will be monitored and may be taken into account when its future tenders are evaluated.

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.

30. Optional Items

The Optional Item, if any is ordered by the Government, shall be delivered to the Government with the Vehicles by the Deadline Delivery Date.

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.

To be completed and returned together with the tender submission

Tender Ref.: AD200612015

Crowd Management Vehicles

Technical Specifications

Page 1 of 38

Note:

(a)

(M) = Mandatory feature (D) = Desirable feature

(b)

Where at the beginning of each Clause, the label (M) appears, all requirements in that Clause and its Sub-clause are mandatory features unless otherwise expressly specified.

(c)

Tenderers shall indicate with respect to each Clause, and/or its Sub-clause, whether or not the offered Vehicles comply with the relevant mandatory or desirable features, as the case may be, by completing “yes/no” in the column at the right hand side of each page. Any Clause with a “Yes” implies the offered Vehicles comply with the requirement stipulated in that Clause and its Sub-clause unless otherwise expressly specified. If a Tenderer does not complete the statement of compliance for a Clause or a Sub-clause within a Clause, it shall be deemed that the Tenderer confirms its compliance with the relevant mandatory or desirable features specified in that Clause or Sub-clause within a Clause.

(d)

Tenderers shall also provide information and data in Attachments I and II to these Technical Specifications and attach drawings and other documentary evidence thereto wherever requested in the Technical Specifications to show compliance with all the relevant specifications.

(e)

Please refer to Paragraph 13 (Statement of Compliance) of the Terms of Tender (Supplement) when completing the Technical Specifications and Attachment I to these Technical Specifications.

(f)

Tenderers shall indicate in their Tenders the physical dimensions or actual capacities of the products or equipment offered. If any of the figures given by the relevant products or equipment manufacturer are nominal dimensions or capacities, Tenderers shall provide a note or make a remark to so explain in their offers.

(g)

References herein to “crowd management vehicle” or “vehicle” or “Vehicle” means the Vehicle as defined in the Supplement to the Interpretation Section to the Standard Terms and Conditions (GLD-TERMS-1 (December 2015)).

To be completed and returned together with the tender submission

Tender Ref.: AD200612015

(M)

1.

General

1.1 Application

Technical Specifications

Page 2 of 38

(To be completed by Tenderers) Compliance with Technical Specifications Yes/No

(a)

The offered Vehicle shall be built on a factory-made chassis, with four (4) hinged doors crew-cab. The completed Vehicle shall be capable of carrying one (1) driver (75 kg) and three (3) passengers (68 kg each) in the driver cab, a completed rear body, all equipment and loads as specified in Technical Specifications at the same time and built for operation on left hand traffic road conditions in Hong Kong’s climate for crowd management by HKPF.

(b)

The completed Vehicle shall conform to all requirements under these Technical Specifications and operated at a Gross Vehicle Weight (GVW) not exceeding 24,000 kg.

1.2 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)

The Road Traffic (Construction and Maintenance of Vehicles) Regulation, Chapter 374A;

(b)

The Road Traffic (Safety Equipment) Regulations, Chapter 374F;

(c)

The Air Pollution Control (Vehicle Design Standards) (Emission) Regulations, Chapter 311J;

(d)

The

Air

Pollution

Control

(Volatile

Organic

Compounds)

Regulations, Chapter 311V and 311W;

 

(e)

The Noise Control (Motor Vehicles) Regulation, Chapter 400I;

(f)

The Ozone Layer Protection (Controlled Refrigerants) Regulation, Chapter 403B in respect of the refrigerant used for the air-conditioning system;

(g)

The Telecommunications (Control of Interference) Regulations, Chapter 106B; and

To be completed and returned together with the tender submission

Tender Ref.: AD200612015

Technical Specifications

Page 3 of 38

(To be completed by Tenderers) Compliance with Technical Specifications Yes/No

(h) The Road Traffic (Registration and Licensing of Vehicles) Regulations, Chapter 374E.

1.3 Standards for the Vehicle

All systems, installations and fittings of the offered factory-made chassis, devices and special warning lamps for road vehicle usage shall conform with the latest installation and/or performance requirements of the following UNECE Regulations or equivalent national or international standards that are applicable on UNECE category of N 3

(a)

Electromagnetic compatibility to Regulation 10;

(b)

Steering equipment to Regulation 79;

(c)

Braking to Regulation 13;

(d)

Safety-belt anchorages, ISOFIX anchorage systems and ISOFIX top tether anchorages to Regulation 14 (excluding those related to ISOFIX anchorages);

(e)

The safety-belts, restraint systems, child restraint systems and ISOFIX child restraint systems to Regulation 16 (excluding those related to child restraint systems);

(f)

The seats, their anchorages and any head restraints to Regulation 17;

(g)

Head restraints (headrests) to Regulation 25;

(h)

Prevention of fire risks to Regulation 34;

(i)

External projections to Regulation 61;

(j)

Audible warning devices and their audible signals to Regulation 28;

(k)

The speedometer equipment to Regulation 39;

(l)

Safety glazing materials to Regulation 43;

(m)

Devices for indirect vision to Regulation 46;

To be completed and returned together with the tender submission

Tender Ref.: AD200612015

Technical Specifications

Page 4 of 38

(To be completed by Tenderers) Compliance with Technical Specifications Yes/No

(n)

The installation of lighting and light-signaling devices to Regulation 48 and relevant lighting including individual light source and light-signaling devices to relevant Regulations; and

(o)

Special warning lamps to Regulation 65.

1.4 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.

The Completed Vehicle

The offered Vehicle shall be built on a factory-made chassis. The Tenderer shall be responsible for design, construction and supply of the completed Vehicle to ensure that the Vehicle shall comply with all the requirements stipulated under these Technical Specifications and support all operations under reasonable and safe conditions. The finalized design shall be endorsed by a registered professional engineer or Technical Service and submitted to Government Representative for approval before commencement of work. The Contractor shall submit the vehicle design drawings and calculation including but not limited to the vehicle body, any lifting appliances, fixed equipment and materials used for the body construction, method statement and installation details at least one month before commencement of work. However, approval of the above submission shall not relieve the Contractor from its obligation to deliver the completed Vehicle in compliance with the Technical Specifications and relevant statutory requirements. All design and drawings approved are owned by the Government and they can be used for building her vehicles from time to time.

(A Tenderer shall provide the technically permissible maximum axle load of the chassis as stated by the vehicle manufacturer and the estimated

To be completed and returned together with the tender submission

Tender Ref.: AD200612015

Technical Specifications

Page 5 of 38

(To be completed by Tenderers) Compliance with Technical Specifications Yes/No

weight distribution diagram of the completed Vehicle in separate sheets, with its Tender for the offered Vehicle before Tender Closing Time or by the time which may subsequently be specified by the Government at the Government’s discretion. Otherwise, the Tenderer’s Tender will not be considered further.)

(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)

Overall Length (“OL”):

7,800 mm (excluding forward protection monitor)

(ii)

Overall Width (“OW”):

2,500 mm

(iii)

Overall Height (“OH”):

4,100 mm (including roof monitors)

(Tenderers shall refer to the diagrams in Attachment I to the Technical Specifications for the overall dimensions details.)

(c)

Payload of the completed Vehicle, which is the difference between the GVW and the kerb weight (“kerb weight” is defined as the total weight of a vehicle in running order which includes the hull body works, tools, the one driver (75 kg), three passengers (68 kg each), 90% filled fuel tank and the other liquid containing systems (including water tank, tear gas tank, dye stuff tank and foam tank etc. to 100% of the capacity specified by the manufacturer) of the completed Vehicle, shall be at least 300 kg.

(d)

Gradient capability of the Vehicle shall be able to start and stop on and to ascend or descend a slope with gradient not less than 17° under fully laden condition.

(e)

Turning circle diameter (wall to wall) shall not exceed 20 m.

(f)

The complete Vehicle shall be able to maintain its stability at 28 o .

To be completed and returned together with the tender submission

Tender Ref.: AD200612015

Technical Specifications

Page 6 of 38

(To be completed by Tenderers) Compliance with Technical Specifications Yes/No

(M)

2.2

Engine and Transmission

 

(a)

The Vehicle shall be powered by a diesel fueled engine complying with the latest legislation and European Emission Standard V (“Euro V”) or above emission standard in accordance with relevant Directive made by the European Parliament and the Council of the European Communities.

(b)

The engine shall be equipped with a heavy duty cooling system suitable for continuous operation in Hong Kong climate.

(c)

The engine shall have a “power-to-weight” ratio not less than 10 kW/tonne GVW.

(d)

Fully automatic transmission with torque converter and at least five (5)-forward gears and one reverse gear shall be provided.

(d)

The Vehicle shall be designed to allow all wheels at rear axles to receive torque from the engine.

(M)

2.3

Braking and Steering

The Vehicle shall be of the right-hand drive type and is designed/operated for/under left hand traffic condition, with power assisted steering and are equipped with the following features:

(a)

Full air service brake with dual/split circuit;

(b)

Self-adjusting service brake;

(c)

Independent parking brake with progress control;

(d)

Anti-lock braking system;

(e)

An auxiliary brake system;

(f)

Disc brake for all axles;

(g)

Heavy duty air compressor; air dryer; and automatic drain valve(s);

To be completed and returned together with the tender submission

Tender Ref.: AD200612015

Technical Specifications

Page 7 of 38

(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 Wheel and Suspension

(M)

(a) Heavy-duty suspension system shall be provided.

 

(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)

(d) A spare wheel for each axle shall be supplied loose.

 

2.5 Driver’s Cab

 

(a)

The driver’s 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)

tilt cab with safety locking mechanism;

 

(M)

(iii)

one piece of laminated windscreen;

 

(M)

(iv)

trimming for tropical conditions;

(M)

(v)

hinged cab doors with wind-down windows;

 

(M)

(vi)

Electrically controlled side windows for driver and front side passenger;

(M)

(vii) independent driver’s seat and one front passenger’s seat;

 

(M)

(viii) inertia type 3-point seat belts and headrests for the driver and passengers;

To be completed and returned together with the tender submission

Tender Ref.: AD200612015

Technical Specifications

Page 8 of 38

(To be completed by Tenderers) Compliance with Technical Specifications Yes/No

(M)

(x)

durable and water resistant seat covers;

(D)

(xi)

airbag for the driver preferable; and

(D)

(xii)

airbag for the front passenger preferable.

(M)

(b)

Instrument panel and dash