Contracts entered into by Manager. (a) Subject to Clauses 10.10(b) and 10.10(c), the Manager shall not enter into any contract for the procurement of any supplies, goods or services the value of which exceeds or is likely to exceed the sum of HK$200,000 or such other sum in substitution therefor as the Secretary for Home Affairs may specify by notice in the Gazette unless— (i) the supplies, goods or services are procured by invitation to tender; and (ii) the procurement complies with the Code of Practice referred to in Section 20A(1) of the Ordinance. (b) Subject to Clause 10.10(c), the Manager shall not enter into any contract for the procurement of any supplies, goods or services the value of which exceeds or is likely to exceed a sum which is equivalent to 20% of the Budget or such other percentage in substitution therefor as the Secretary for Home Affairs may specify by notice in the Gazette unless— (i) if there is an Owners’ Corporation— (1) the supplies, goods or services are procured by invitation to tender; (2) the procurement complies with the Code of Practice referred to in Section 20A(1) of the Ordinance; and (3) whether a tender submitted for the purpose is accepted or not is decided by a resolution of the Owners passed at a general meeting of the Owners’ Corporation, and the contract is entered into with the successful tenderer; or (ii) if there is no Owners’ Corporation— (1) the supplies, goods or services are procured by invitation to tender; (2) the procurement complies with the Code of Practice referred to in Section 20A(1) of the Ordinance; and (3) whether a tender submitted for the purpose is accepted or not is decided by a resolution of the Owners passed at a meeting of Owners convened and conducted in accordance with this Deed, and the contract is entered into with the successful tenderer. (c) Clauses 10.10(a) and (b) do not apply to any supplies, goods or services which but for this Clause 10.10(c) would be required to be procured by invitation to tender (referred to in this Clause 10.10(c) as “relevant supplies, goods or services”)— (i) where there is an Owners’ Corporation, if— (1) the relevant supplies, goods or services are of the same type as any supplies, goods or services which are for the time being supplied to the Owners’ Corporation by a supplier; and (2) the Owners’ Corporation decides by a resolution of the Owners passed at a general meeting of the Owners’ Corporation that the relevant supplies, goods or services shall be procured from that supplier on such terms and conditions as specified in the resolution, instead of by invitation to tender; or (ii) where there is no Owners’ Corporation, if— (1) the relevant supplies, goods or services are of the same type as any supplies, goods or services which are for the time being supplied to the Owners by a supplier; and (2) the Owners decide by a resolution of the Owners passed at a meeting of Owners convened and conducted in accordance with this Deed that the relevant supplies, goods or services shall be procured from that supplier on such terms and conditions as specified in the resolution, instead of by invitation to tender.
Appears in 7 contracts
Samples: Deed of Mutual Covenant and Management Agreement, Deed of Mutual Covenant and Management Agreement, Deed of Mutual Covenant and Management Agreement
Contracts entered into by Manager. (a) Subject to Clauses 10.10(b) and 10.10(c), the Manager shall not enter into any contract for the procurement of any supplies, goods or services the value of which exceeds or is likely to exceed the sum of HK$200,000 or such other sum in substitution therefor as the Secretary for Home Affairs Authority (as defined in the Ordinance) may specify by notice in the Gazette unless—
(i) the supplies, goods or services are procured by invitation to tender; and
(ii) the procurement complies with the Code of Practice referred to in Section 20A(1) of the Ordinance.
(b) Subject to Clause 10.10(c), the Manager shall not enter into any contract for the procurement of any supplies, goods or services the value of which exceeds or is likely to exceed a sum which is equivalent to 20% of the Budget or such other percentage in substitution therefor as the Secretary for Home Affairs Authority (as defined in the Ordinance) may specify by notice in the Gazette unless—
(i) if there is an Owners’ Corporation—
(1) the supplies, goods or services are procured by invitation to tender;
(2) the procurement complies with the Code of Practice referred to in Section 20A(1) of the Ordinance; and
(3) whether a tender submitted for the purpose is accepted or not is decided by a resolution of the Owners passed at a general meeting of the Owners’ Corporation, and the contract is entered into with the successful tenderer; or
(ii) if there is no Owners’ Corporation—
(1) the supplies, goods or services are procured by invitation to tender;
(2) the procurement complies with the Code of Practice referred to in Section 20A(1) of the Ordinance; and
(3) whether a tender submitted for the purpose is accepted or not is decided by a resolution of the Owners passed at a meeting of Owners convened and conducted in accordance with this Deed, and the contract is entered into with the successful tenderer.
(c) Clauses 10.10(a) and (b) do not apply to any supplies, goods or services which but for this Clause 10.10(c) would be required to be procured by invitation to tender (referred to in this Clause 10.10(c) as “relevant supplies, goods or services”)—
(i) where there is an Owners’ Corporation, if—
(1) the relevant supplies, goods or services are of the same type as any supplies, goods or services which are for the time being supplied to the Owners’ Corporation by a supplier; and
(2) the Owners’ Corporation decides by a resolution of the Owners passed at a general meeting of the Owners’ Corporation that the relevant supplies, goods or services shall be procured from that supplier on such terms and conditions as specified in the resolution, instead of by invitation to tender; or
(ii) where there is no Owners’ Corporation, if—
(1) the relevant supplies, goods or services are of the same type as any supplies, goods or services which are for the time being supplied to the Owners by a supplier; and
(2) the Owners decide by a resolution of the Owners passed at a meeting of Owners convened and conducted in accordance with this Deed that the relevant supplies, goods or services shall be procured from that supplier on such terms and conditions as specified in the resolution, instead of by invitation to tender.
Appears in 2 contracts
Samples: Deed of Mutual Covenant and Management Agreement, Deed of Mutual Covenant and Management Agreement
Contracts entered into by Manager. (a) Subject to Clauses 10.10(b10.9(b) and 10.10(c10.9(c), the Manager shall not enter into any contract for the procurement of any supplies, goods or services the value of which exceeds or is likely to exceed the sum of HK$200,000 or such other sum in substitution therefor as the Secretary for Home Affairs Authority (as defined in the Ordinance) may specify by notice in the Gazette unless—
(i) the supplies, goods or services are procured by invitation to tender; and
(ii) the procurement complies with the Code of Practice referred to in Section 20A(1) of the Ordinance.
(b) Subject to Clause 10.10(c10.9(c), the Manager shall not enter into any contract for the procurement of any supplies, goods or services the value of which exceeds or is likely to exceed a sum which is equivalent to 20% of the Budget or such other percentage in substitution therefor as the Secretary for Home Affairs Authority (as defined in the Ordinance) may specify by notice in the Gazette unless—
(i) if there is an Owners’ Corporation—
(1) the supplies, goods or services are procured by invitation to tender;
(2) the procurement complies with the Code of Practice referred to in Section 20A(1) of the Ordinance; and
(3) whether a tender submitted for the purpose is accepted or not is decided by a resolution of the Owners passed at a general meeting of the Owners’ Corporation, and the contract is entered into with the successful tenderer; or
(ii) if there is no Owners’ Corporation—
(1) the supplies, goods or services are procured by invitation to tender;
(2) the procurement complies with the Code of Practice referred to in Section 20A(1) of the Ordinance; and
(3) whether a tender submitted for the purpose is accepted or not is decided by a resolution of the Owners passed at a meeting of Owners convened and conducted in accordance with this Deed, and the contract is entered into with the successful tenderer.
(c) Clauses 10.10(a10.9(a) and (b) do not apply to any supplies, goods or services which but for this Clause 10.10(c10.9(c) would be required to be procured by invitation to tender (referred to in this Clause 10.10(c10.9(c) as “relevant supplies, goods or services”)—
(i) where there is an Owners’ Corporation, if—
(1) the relevant supplies, goods or services are of the same type as any supplies, goods or services which are for the time being supplied to the Owners’ Corporation by a supplier; and
(2) the Owners’ Corporation decides by a resolution of the Owners passed at a general meeting of the Owners’ Corporation that the relevant supplies, goods or services shall be procured from that supplier on such terms and conditions as specified in the resolution, instead of by invitation to tender; or
(ii) where there is no Owners’ Corporation, if—
(1) the relevant supplies, goods or services are of the same type as any supplies, goods or services which are for the time being supplied to the Owners by a supplier; and
(2) the Owners decide by a resolution of the Owners passed at a meeting of Owners convened and conducted in accordance with this Deed that the relevant supplies, goods or services shall be procured from that supplier on such terms and conditions as specified in the resolution, instead of by invitation to tender.
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Contracts entered into by Manager. (a) Subject to Clauses 10.10(b10.8(b) and 10.10(c10.8(c), the Manager shall not enter into any contract for the procurement of any supplies, goods or services the value of which exceeds or is likely to exceed the sum of HK$200,000 or such other sum in substitution therefor as the Secretary for Home Affairs may specify by notice in the Gazette unless—
(i) the supplies, goods or services are procured by invitation to tender; and
(ii) the procurement complies with the Code of Practice referred to in Section 20A(1) of the Ordinance.
(b) Subject to Clause 10.10(c10.8(c), the Manager shall not enter into any contract for the procurement of any supplies, goods or services the value of which exceeds or is likely to exceed a sum which is equivalent to 20% of the Budget or such other percentage in substitution therefor as the Secretary for Home Affairs may specify by notice in the Gazette unless—
(i) if there is an Owners’ Corporation—
(1) the supplies, goods or services are procured by invitation to tender;
(2) the procurement complies with the Code of Practice referred to in Section 20A(1) of the Ordinance; and
(3) whether a tender submitted for the purpose is accepted or not is decided by a resolution of the Owners passed at a general meeting of the Owners’ Corporation, and the contract is entered into with the successful tenderer; or
(ii) if there is no Owners’ Corporation—
(1) the supplies, goods or services are procured by invitation to tender;
(2) the procurement complies with the Code of Practice referred to in Section 20A(1) of the Ordinance; and
(3) whether a tender submitted for the purpose is accepted or not is decided by a resolution of the Owners passed at a meeting of Owners convened and conducted in accordance with this Deed, and the contract is entered into with the successful tenderer.
(c) Clauses 10.10(a10.8(a) and (b) do not apply to any supplies, goods or services which but for this Clause 10.10(c10.8(c) would be required to be procured by invitation to tender (referred to in this Clause 10.10(c10.8(c) as “relevant supplies, goods or services”)—
(i) where there is an Owners’ Corporation, if—
(1) the relevant supplies, goods or services are of the same type as any supplies, goods or services which are for the time being supplied to the Owners’ Corporation by a supplier; and
(2) the Owners’ Corporation decides by a resolution of the Owners passed at a general meeting of the Owners’ Corporation that the relevant supplies, goods or services shall be procured from that supplier on such terms and conditions as specified in the resolution, instead of by invitation to tender; or
(ii) where there is no Owners’ Corporation, if—
(1) the relevant supplies, goods or services are of the same type as any supplies, goods or services which are for the time being supplied to the Owners by a supplier; and
(2) the Owners decide by a resolution of the Owners passed at a meeting of Owners convened and conducted in accordance with this Deed that the relevant supplies, goods or services shall be procured from that supplier on such terms and conditions as specified in the resolution, instead of by invitation to tender.
Appears in 1 contract
Contracts entered into by Manager. (a) Subject to Clauses 10.10(b) and 10.10(c), the Manager shall not enter into any contract for the procurement of any supplies, goods or services the value of which exceeds or is likely to exceed the sum of HK$200,000 or such other sum in substitution therefor as the Secretary for Home Affairs may specify by notice in the Gazette unless—
(i) the supplies, goods or services are procured by invitation to tender; and
(ii) the procurement complies with the Code of Practice referred to in Section 20A(1) of the Ordinance.
(b) Subject to Clause 10.10(c), the Manager shall not enter into any contract for the procurement of any supplies, goods or services the value of which exceeds or is likely to exceed a sum which is equivalent to 20% of the Budget or such other percentage in substitution therefor as the Secretary for Home Affairs may specify by notice in the Gazette unless—
(i) if there is an Owners’ Corporation—
(1) the supplies, goods or services are procured by invitation to tender;
(2) the procurement complies with the Code of Practice referred to in Section 20A(1) of the Ordinance; and
(3) whether a tender submitted for the purpose is accepted or not is decided by a resolution of the Owners passed at a general meeting of the Owners’ Corporation, and the contract is entered into with the successful tenderer; or
(ii) if there is no Owners’ Corporation—
(1) the supplies, goods or services are procured by invitation to tender;
(2) the procurement complies with the Code of Practice referred to in Section 20A(1) of the Ordinance; and
(3) whether a tender submitted for the purpose is accepted or not is decided by a resolution of the Owners passed at a meeting of the Owners convened and conducted in accordance with this Deed, and the contract is entered into with the successful tenderer.
(c) Clauses 10.10(a) and (b) do not apply to any supplies, goods or services which but for this Clause 10.10(c) would be required to be procured by invitation to tender (referred to in this Clause 10.10(c) as “relevant supplies, goods or services”)—
(i) where there is an Owners’ Corporation, ifif —
(1) the relevant supplies, goods or services are of the same type as any supplies, goods or services which are for the time being supplied to the Owners’ Corporation by a supplier; and
(2) the Owners’ Corporation decides by a resolution of the Owners passed at a general meeting of the Owners’ Corporation that the relevant supplies, goods or services shall be procured from that supplier on such terms and conditions as specified in the resolution, instead of by invitation to tender; or
(ii) where there is no Owners’ Corporation, ifif —
(1) the relevant supplies, goods or services are of the same type as any supplies, goods or services which are for the time being supplied to the Owners by a supplier; and
(2) the Owners decide by a resolution of the Owners passed at a meeting of Owners convened under this Deed convened and conducted in accordance with this Deed that the relevant supplies, goods or services shall be procured from that the supplier on such terms and conditions as specified in the resolution, instead of by invitation to tender.
Appears in 1 contract