FORM OF TENDER

THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

ARCHITECTURAL SERVICES DEPARTMENT

CONTRACT NO. TC J911
Term Contract for the Alterations, Additions, Maintenance and Repair
of Buildings and Lands and Other Properties for which
the Architectural Services Department (Property Services Branch) is Responsible
[Designated Contract Area : Central, Peak and Mid-levels]

FORM OF TENDER

NOTES :

(1) The Appendix forms part of the Contract.

(2) If the tenderer is a sole proprietorship or a partnership, the name(s) and residential address(es)
of the sole proprietor or all the partners shall be given in the spaces provided below.

(3) In all cases, the tenderer must give the number and the expiry date of the business registration
certificate here:

Number :

Expiry Date :

To: The Chairman,

Central Tender Board,
East Wing,
Central Government Offices,
2 Tim Mei Avenue,
Tamar, Hong Kong.

Having inspected the Contract Area and the Designated Contract Area as delineated on
Drawing APB/19763 and examined the General Conditions of Contract and Special Conditions of
Contract (hereinafter referred to as “the said Conditions”), Drawings, the Employer’s Requirement,
Specification and Schedule of Rates, I/we offer to provide such articles and Services and to perform
such Works as may from time to time be demanded all in conformity with the said Conditions,
Drawings, the Employer’s Requirement, Specification, addenda (if any), technical resources and
technical proposals submitted in accordance with General Conditions of Tender Clause GCT 4(1) at
the rates given in the Schedule of Rates subject to the relevant Contract Percentages, percentage
adjustment or the percentage additions to the Works as shown in the Appendix attached hereto or
such other rates as may be ascertained in accordance with the said Conditions for a period of forty
eight [48] months, the commencement of which shall be within 30 days after the date of acceptance
of the Tender and notified by the Maintenance Surveyor.

2. I/We agree to abide by this Tender for the period of 180 days from the date of expiry fixed for
receiving the same and it shall remain binding upon me/us and may be accepted at any time before the
expiration of that period.

3. Unless and until the Articles of Agreement are prepared and executed this Tender, together
with the written acceptance thereof by the Employer subject to the provisions of Clause 2 hereof, shall
constitute a binding Contract between us.

4. I/We acknowledge and accept that the Employer reserves the right to negotiate with any
tenderer about the terms of the offer and is not bound to accept any tender irrespective of whether the
tender is the lowest offer or, where the assessment of the tenders is based on a marking scheme or
formula approach, the tender is with the highest overall score.

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 FORM OF TENDER - P.2

Name ..................................................................................................................................................................................

Signature ...........................................................................................................................................................................

in the capacity of .............................................................................................................................................................

duly authorized to sign tenders for and on behalf of + .............................................................................................

.............................................................................................................................................................................................

.............................................................................................................................................................................................

............................................................................................................................................................................................

.............................................................................................................................................................................................

.............................................................................................................................................................................................

Trading in Hong Kong under the style of @ ..............................................................................................................

Registered address of firm ............................................................................................................................................

.............................................................................................................................................................................................

.............................................................................................................................................................................................

Date ....................................................................................................................................................................................

Name of Witness .............................................................................................................................................................

Signature of Witness ......................................................................................................................................................

Occupation of Witness ..................................................................................................................................................

Address of Witness ........................................................................................................................................................

.............................................................................................................................................................................................

.............................................................................................................................................................................................

.............................................................................................................................................................................................

.............................................................................................................................................................................................

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Name(s) of the sole proprietor/partners Residential address(es) of the sole proprietor/partners

+ In the case of a limited company, insert the name of the company.

+ In the case of a sole proprietorship, a partnership or an unincorporated joint venture, the name(s)
of the sole proprietor, all the partners or all the participants in the unincorporated joint venture
must be inserted above and name of the firm inserted at @.

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 APPENDIX TO FORM OF TENDER - P.1

CONTRACT NO. TC J911

SCHEDULE OF CONTRACT PERCENTAGES

Part I – Contract Percentages to the Services and the Works

Sections in Estimated Contract Value for Tender

Schedule of Rates Value Percentages Assessment
see notes (i) & (j) see notes (a), (b), (c) & (d) see notes (g) & (h)

(1) (2) (5)

$ (+) % (-) % $
1. Builder’s Works and Services and
Building Services Works included in
the following Sections of the
Schedule of Rates (“SOR”):
Sections 00 to 25, 27 to 33, 36 to 39, 482,660,000.00
47 and 51 to 54

2. Site Safety
Section 61 4,190,000.00 0 0

3. Trip Ticket System

Section 62 50,000.00 0 0

4. Site Cleanliness and Tidiness

Section 63 100,000.00 0 0

Sub-total of Part I carried forward to Part III:

Part II– Percentage adjustment to Standard base value of Minor Works Orders and
High Risk Minor Works Orders

Estimated Percentage Value for Tender

Value Adjustment Assessment
see notes (i) & (j) see notes (e) see notes (g) & (h)

(1) (3) (5)

$ (+) % (-) % $

5. Standard base values of Minor

Works Orders and High Risk Minor 14,000,000.00
Works Orders

Sub-total of Part II carried forward to Part III:

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Estimated Percentage Value for Tender

Value Addition Assessment
see notes (i) & (j) see note (c) & (f) see notes (g) & (h)

(1) (4) (5)

$ % $
Sub-total brought forward from --- ---
Part I:

Sub-total brought forward from --- ---

Part II:

Part III– Percentage additions to

the Works

6. Plumbing and drainage works

in markets and cooked food
centres
Add
Percentage addition for those
extra works and attendances 960,000.00 × ________% =
as described in paragraph 23.3
of Employer’s Requirements

7. Works priced at star rates

Add
Percentage addition for the 2,000,000.00 × ________% =
calculation of star rates

Total of the Values for Tender Assessment

see notes (h) & (j)

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Notes:
(a) The tenderer shall complete one single Contract Percentage (positive or negative percentage) for Item 1 in
Column (2) in Part I of the Schedule of Contract Percentages to 2 decimal places. The Contract Percentage
shall be applicable to all the rates contained in the respective Sections of the Schedule of Rates given in
Item 1 except those Sections as stated in (d) below.
(b) The tenderer’s special attention is drawn to the requirement that the tenderer shall not insert the Contract
Percentage lower than (-) 99.99. In the event of the tenderer’s failure to observe this requirement, any
Contract Percentage inserted which is lower than (-) 99.99 shall be amended to (-) 99.99 and the Value for
Tender Assessment shall be amended accordingly.
If a tenderer has failed to insert any Contract Percentage against the respective Sections of the Schedule of
Rates in the Schedule of Contract Percentages, the respective Contract Percentage will be corrected to zero.
(c) The tenderer’s attention is drawn to Special Conditions of Tender Clause SCT 27 in particular sub-clause (2)
on the allowance deemed to be included in the Contract Percentage completed for Item 1 in Column (2), in
the percentage adjustment to standard base values completed for Item 5 in Column (3) and in the percentage
additions to the Works completed for Items 6 and 7 in Column (4) in the Schedule of the Contract
Percentages.
(d) The Contract Percentages applicable to the following Sections of the Schedule of Rates included in Items 2
to 4 inclusive in Column (2) of Part I of the Schedule of Contract Percentages are fixed at 0%:
Section 61 Site Safety
Section 62 Trip Ticket System
Section 63 Site Cleanliness and Tidiness
The tenderer shall not amend the Contract Percentages for these Sections. If a tenderer has amended the
fixed Contract Percentages applicable to any of these Sections, such amendment will be disregarded.
(e) The tenderer shall complete his percentage adjustment in Column (3) for Item 5 up to 2 decimal places.
The percentage inserted shall not be higher than (+) 10.00 and not lower than (-) 10.00. If the tenderer fails
to observe this requirement, any percentage adjustment inserted higher than (+) 10.00 shall be amended to
(+) 10.00 or percentage adjustment inserted lower than (-) 10.00 shall be amended to (-) 10.00, and the
Total of the Values for Tender Assessment shall be amended accordingly.
In the absence of any percentage adjustment inserted by the tenderer for Item 5, the percentage adjustment
will be corrected to zero.
(f) The tenderer shall complete his percentage additions in Column (4) for Items 6 and 7 in positive percentage
up to 2 decimal places and not higher than (+) 15.00. If the tenderer fails to observe this requirement, any
percentage addition inserted higher than (+) 15.00 shall be amended to (+) 15.00 and the Total of the
Values for Tender Assessment shall be amended accordingly.
In the absence of any percentage addition inserted or if any negative percentage has been inserted by the
tenderer for Items 6 and 7, the percentage addition will be corrected to zero.

(g) The tenderer shall complete the Value for Tender Assessment in Column (5), which shall be calculated
according to the following formula:
Part I : Estimated Value of the respective Sections of the Schedule of Rates in Column (1)
× (1  corresponding Contract Percentage entered in Column (2));
Part II : Estimated Value of the standard base values of Minor Works Orders and High Risk Minor Works
Orders in Column (1) × (1  Percentage Adjustment entered in Column (3)); and
Part III : Estimated Value of the Works in Column (1) × corresponding percentage addition entered in
Column (4).
The calculated values shall be rounded to two decimal places of a dollar.

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Notes (Cont’d):

(g) (Cont’d)

For example:
Part I – Contract Percentages to the Services and the Works
1. Builder’s Works and Services and Building $482,660,000.00 × (1 + 10.00%) = $530,926,000.00
Services Works included in the Schedule of
Rates but excluding Sections 61, 62 and 63

Part II – Percentage adjustment to the Works

5. Standard base values of Minor Works Orders $14,000,000.00 × (1 + 10.00%) = $15,400,000.00
and High Risk Minor Works Orders

Part III – Percentage additions to the Works

7. Percentage addition for the calculation of $2,000,000.00 × 10.00% = $200,000.00
works priced at star rates

(h) The Total of the Values for Tender Assessment shall be the summation of the Values for Tender
Assessment for Items 1 to 7 inclusive in Column (5). The Values for Tender Assessment and the Total of
the Values for Tender Assessment are used for tender assessment and shall not form part of the Contract.

(i) All the Estimated Values given in Column (1) in the Schedule of Contract Percentages are for tender
assessment purpose only and shall not form part of the Contract. The tenderer’s attention is drawn to
Special Conditions of Tender Clause SCT 34 on Estimated Values in the Schedule of Contract Percentages,
and Special Conditions of Contract Clause SCC 122 on Estimated Values.

(j) The estimated values of the following Sections of the Schedule of Rates are given for information only and
the Contractor shall have no claim against the Employer if the actual figures vary above or below the
estimated figures:

(i) Builder’s Works (Sections 00 to 25) $311,431,000.00

(ii) Electrical Installation (Sections 27 to 33 and 47) $115,200,000.00

(iii) Air-Conditioning Installation (Sections 36 to 39) $44,000,000.00

(iv) Routine Cleaning Works for Water Tanks and Underground Drains (Section $3,046,000.00
51)

(v) Building Safety Inspections (Section 52) $6,053,000.00

(vi) Electronic Management and Maintenance System (Section 53) $2,840,000.00

(vii) Inspection of Condition of Government Quarters (‘G’ Grade and Below) for $90,000.00
Change of Tenancy (Section 54)
$482,660,000.00

The estimated value of Minor Works Orders (excluding standard base value of Minor Works Orders and
High Risk Minor Works Orders of $14,000,000.00) included in section (i) above is $3,500,000.00 and the
estimated value of Periodic Inspection, Testing and Certification of Electrical Installations in Selected
Premises included in (ii) above is $20,000,000.00.

(k) The tenderer shall also refer to Special Conditions of Tender Clause SCT 27(3) on the correction of
mistakes (if any) to this Schedule of Contract Percentages.

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 APPENDIX TO FORM OF TENDER - P.5

GENERAL CONDITIONS OF CONTRACT FOR TERM CONTRACTS FOR BUILDING WORKS 2004
EDITION

Clause No.

1(1) Maintenance Period Twelve months

1(1) Minor Works Order – Estimated value not exceeding HK$3,000.00

The completion time for the following Minor Works Order categories shall be:

(a) All except Tamar Government Development

(i) Emergency 1 hour response time
(ii) Urgent Attendance and temporary repair within 1 day; and completion of
repair within 3 days
(iii) General Attendance and temporary repair within 5 days; and completion
of repair within 12 days

(b) Tamar Government Development

(i) Emergency 30 minutes response time
(ii) Urgent Attendance and temporary repair within 4 hours; completion of
repair before 12:00 of the next day for calls received before
12:00; and completion of repair before 17:00 of the next day for
calls received after 12:00
(iii) General Attendance and temporary repair before 12:00 of the day after
the next day; completion of repair within 6 days

2(1)(b) Actions of the Maintenance Surveyor subject to the Employer’s right of objection and
direction

The Maintenance Surveyor is required under the terms of his appointment by the Employer to
obtain confirmation of no objection from the Employer and, in the event of an objection, to
act in accordance with the Employer’s direction before ordering any variation to the Services
or the Works or taking any other action (including without limitation making an order under
General Conditions of Contract Clause 57) which may commit the Employer to additional
expenditure under the Contract, other than in respect of claims, of a value estimated to exceed
HK$800,000. This requirement shall not be applicable where the variation order or other
action is considered by the Maintenance Surveyor to be essential on grounds of safety or other
emergency in circumstances when it is impracticable to refer the matter to the Employer
beforehand.

The Maintenance Surveyor may, subject to any prior contrary instructions given by the
Employer to the Maintenance Surveyor, order variation to the Services or the Works in
accordance with the provisions of the Contract or take any other action (including without
limitation making an order under General Conditions of Contract Clause 57) which may
commit the Employer to additional expenditure under the Contract, other than in respect of
claims, without the need to obtain confirmation of no objection from the Employer if the
value of such order or commitment is estimated not to exceed HK$800,000.

The Maintenance Surveyor is required under the terms of his appointment by the Employer to
obtain confirmation of no objection from the Employer and, in the event of an objection, to
act in accordance with the Employer’s direction before:

(a) (a) permitting the Contractor to introduce an extra tier of sub-contracting in accordance
with sub-clause (5) of Special Conditions of Contract Clause SCC 95, and
(b)
(c) (b) approving alternative disposal grounds proposed by the Contractor in accordance with
Clause 3 of Particular Specification for Trip Ticket System contained in Appendix B to
Particular Specification PS.A8.

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 APPENDIX TO FORM OF TENDER - P.6

GENERAL CONDITIONS OF CONTRACT FOR TERM CONTRACTS FOR BUILDING WORKS

2004 EDITION (CONT’D)

Clause No.

55(2) Liquidated damages for delay

The liquidated damages shall be calculated using the rate per day in accordance with the formula
indicated below either for the whole of the Works Order or for its relevant Section, whichever is
applicable :

Rate of liquidated damages per day = (1) + (2)

where:

(1) = Recovery on capital invested = C × (1 + 24.028%) × (1- 54.09%) × 5.00%

365
(2) = Supervisory Staff Cost = C × 3.848%
T
and

T = Time for Completion prescribed in the Works Order at the time of issue of Works
Order including General Holidays (in days)

C = Estimated value of the Works Order as determined by the Maintenance Surveyor at the
time of issue of the Works Order (in HK$)

In computing the above liquidated damages, the Employer has not taken into account the Employer’s
liability for fees including Economic Cost under the Land (Miscellaneous Provisions) Ordinance,
Cap. 28 (“the Ordinance”) for any extension in respect of a permit referred to in sections 10A(3) and
10D(4) of the Ordinance.

Liquidated damages for delay shall not be applicable to the Maintenance Services (Sections 51 and
52 of the Schedule of Rates) and Electronic Management and Maintenance System (Section 53 of the
Schedule of Rates) as referred to in Special Conditions of Contract Clause SCC 124(2)(g).

79B Submissions for payment for the Works

For Maintenance Services (Sections 51 and 52 of the Schedule of Rates) and Electronic Management
and Maintenance System (Section 53 of the Schedule of Rates), the Contractor shall submit payment
in accordance with Special Conditions of Contract Clause SCC 124(5).

Submissions for payment for the works or services for Section 61 and 62 of the Schedule of Rates
shall be submitted in accordance with GR.29 in Amendments to Schedule of Rates for Term
Contracts for Building Works 2019 Edition.

For Works Orders issued under the Contract, the Contractor shall submit payment in accordance with
this General Condition of Contract and Special Conditions of Contract Clause SCC 39.

Clause No.

79B(4) (i) Standard base value of a Minor Works Order HK$250.00

This standard base value shall apply to all categories of Minor Works Order as
defined in General Conditions of Contract Clause 1(1) and with different completion
times as stated against General Conditions of Contract Clause 1(1) above.

(ii) Standard base value of a High Risk Minor Works Order HK$500.00

This standard base value shall apply to all categories of High Risk Minor Works
Order with different completion times as defined in Special Conditions of Contract
Clause SCC 3 and as stated against Special Conditions of Contract Clause SCC 3
below.

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GENERAL CONDITIONS OF CONTRACT FOR TERM CONTRACTS FOR BUILDING WORKS

2004 EDITION (CONT’D)

Clause No.

79B Submissions for payment for the Works (Cont’d)

Clause No.

79B(5) Claimed value of Works Orders for batching purposes:

(A) Builder’s Works

(i) Not exceeding HK$10,000.00
(ii) Exceeding HK$10,000.00

(B) Electrical Installation

(i) Not exceeding HK$99,999.00
(ii) Exceeding HK$99,999.00

(C) Air-Conditioning Installation

(i) Not exceeding HK$99,999.00
(ii) Exceeding HK$99,999.00

80B Interim payments

Interim payments for Maintenance Services (Sections 51 and 52 of the Schedule of Rates) and
Electronic Management and Maintenance System (Section 53 of the Schedule of Rates) shall be made
in accordance with Special Conditions of Contract Clause SCC 124(5).

Interim payment for Section 61 and 62 of the Schedule of Rates shall be made in accordance with
GR.29 in Amendments to Schedule of Rates for Term Contracts for Building Works 2019 Edition.

Interim payments for Works Orders issued:

Clause No.

80B(1) Interim payments not exceeding 85% of the estimated value of Works executed and
materials supplied and delivered on Site may be made as follows:

Estimated Value of Works Order

Not HK$10,000.00 : One payment on completion of Works

exceeding

Exceeding HK$10,000.00 : Fortnightly subject to a minimum of

HK$10,000.00 per payment

A further interim payment not exceeding 5% of the estimated value of Works executed
and materials supplied and delivered on Site may be made, subject to a maximum
aggregate payment not exceeding the value claimed in the dimension book, upon the
submission of dimension book(s) by the Contractor within the period stipulated in the
General Conditions of Contract Clause 79B. This further interim payment shall not apply
if the Contractor fails to submit the dimension book(s) within the period stipulated in the
General Conditions of Contract Clause 79B, unless otherwise approved by the
Maintenance Surveyor.

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GENERAL CONDITIONS OF CONTRACT FOR TERM CONTRACTS FOR BUILDING WORKS

2004 EDITION (CONT’D)

Clause No.

80B Interim payments (Cont’d)

Clause No.

80B(3) Repayment of amounts paid in the event of failure to submit dimension book(s) within the
time stipulated in the Contract:
Amount Paid Repayment

Not exceeding HK$20,000.00 : Total amount paid

Exceeding HK$20,000.00 : HK$20,000.00 plus 50% of amount paid in

excess of HK$20,000.00

SPECIAL CONDITIONS OF CONTRACT

Clause No.

SCC 3 High Risk Minor Works Order – Estimated value not exceeding HK$500.00 (subject to percentage
adjustment)

The completion time for the following High Risk Minor Works Order categories shall be:

(a) All except Tamar Government Development

(i) Emergency 1 hour response time
(ii) Urgent Attendance and temporary repair within 1 day; and completion of repair
within 3 days

(b) Tamar Government Development

(i) Emergency 30 minutes response time
(ii) Urgent Attendance and temporary repair within 4 hours; completion of repair
before 12:00 of the next day for calls received before 12:00; and
completion of repair before 17:00 of the next day for calls received after
12:00

SCC 61 Fluctuation in wage rates and cost of materials

Base month for the calculation of fluctuation in wage rates and cost of The month 42
materials of the relevant Sections of the Schedule of Rates days prior to the
date for the return
of tenders

SCC 90(2) The sum payable to the Employer in the event that Old and Valuable Tree dies or becomes
moribund, shall be the genuine pre-estimate at the time of issue of the relevant Works Order, of
the cost that the Employer has expended in nurturing, preservation, protection and maintenance of
that particular tree. Such sum shall be stated in the relevant Works Order.

Maintenance Period for the preservation and protection of existing trees

including Old and Valuable Trees ordered by the Maintenance Surveyor Twelve months

SCC 91 The period for Aftercare to Old and Valuable Trees shall be stated in the relevant Works Order.

The Maintenance Period for Aftercare to Old and Valuable Trees shall be stated in the relevant
Works Order.

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