Contract

第 4 部分 — 應約履行

1. 我／我們參閱過本招標文件，同意受上述條款約束。

2. 我／我們同意按照本招標文件的招標條款及條件，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：

THE GOVERNMENT OF

THE HONG KONG SPECIAL ADMINISTRATIVE REGION

Government Laboratory

TENDER FOR THE SUPPLY OF GOODS

Tender Ref. :

M6600332016

TENDER FORM

Contract No. :

LODGING OF TENDER

(a)	商業登記證	( 號碼： )
	屆滿日期為：	...........................................................................................................................
(b)	僱員賠償保險單	( 編號： )
	屆滿日期為：	........................................................................................................................
	保險公司名稱：	........................................................................................................................

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。

 或 

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 . 公司／商號的名稱為： ...................................................................................................................

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

6. 上述公司已登記辦事處地址為： .........................................................................................................

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

 或 

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：

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

獲授權簽署： ........................................................................

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

日期：二 ○ .......... 年 ............ 月日

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 5 部分

接受投標備忘錄

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 a Gas Chromatograph with Thermal Energy Analyzer and Nitrogen Phosphorus Detector to the Government Laboratory						”
and addressed to the Chairman,			Tender Opening Committee			,
must be deposited in the		Government Logistics Department
Tender Box situated on Ground Floor, North Point Government
Offic before	es, 333 Java Roa 12:00 noon	d, N on	orth Point, Hong Kong 27 June 2017	(Hong Kong time).	Late tenders will not be accepted.

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:

 xxxxx://xx x.xxxxxxx.xxx.xx/xxx_xxxx/xxx_xxxxxx/xx/xxx00000.xxx

Copies of the Standard Tender Terms and General Conditions of Contract can also be obtained from the following: Procurement Division, Government Logistics Department

0/X, Xxxxx Xxxxx Xxxxxxxxxx Xxxxxxx

000 Xxxx Xxxx, Xxxxx Xxxxx, Xxxx Xxxx (Internet Homepage-xxxx://xxx.xxx.xxx.xx)

PART 3 — SPECIAL CONDITIONS OF CONTRACT

Attached to this Tender Form (if any).

本人	....................................................................................................................................................
（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○		..............	年	...................	月	...................	日
簽署人：							見證人：
........................................................................							........................................................................
........................................................................							........................................................................
........................................................................							........................................................................

Attached to this Tender Form (if any).

PART 3A — TECHNICAL SPECIFICATIONS

Dated this

12th

day of

May

XXXX Xxxx-xxxxxx

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	(No )
	which expires on	............................................................................................................................................................................................
(b)	Employee’s Compensation Insurance Policy		(No )
	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 

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.

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).

香港特別行政區政府

政府化驗所

招標承投供應貨品

招標編號：

M6600332016

投標表格

合約編號：

投遞標書

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
「	為政府化驗所供應 1 套配備熱能分析	儀和氮磷探測	器的氣相色譜儀

投標書」，致		開標委員會	主席收，並於		二 O 一七	年	六	月
二十七		日		中午十二時正	( 香港時間)	前投入設於	香港北角渣華道 333 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。

釋義

第 1 部分 — 招標條款

第 2 部分 — 一般合約條款

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：

 xxxxx://xxx.xxxxxxx.xxx.xx/xxx_xxxx/xxx_xxxxxx/xx/xxx00000.xxx?XXXXXXxXXXXXX_XX_XXXXXXXXXXX_XXXXXXX

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

xx x xx x x 000 x

（xxxx— http:// www. gld. go v. hk）

PART 5 MEMORANDUM OF ACCEPTANCE

夾附於本投標表格內（如有）。

On behalf of the Government of the Hong Kong Special Administrative Region,
I	................................................................................................................................................................................................................................
(name and position of officer)
accept your Tender for the Contract relating to the following item(s). A copy of each document constituting the Contract is hereby attached for identification purposes.
.....................................................................................................................................................................................................................................
.....................................................................................................................................................................................................................................
.....................................................................................................................................................................................................................................
.....................................................................................................................................................................................................................................
	Dated this	........................	day of	.......................................................	20	................
Signed by the said			......................................................................			in the presence of :	....................................................................
.......................................................................................................						......................................................................................................
.......................................................................................................						......................................................................................................

夾附於本投標表格內（如有）。

第 3 部分 — 特別合約條款

第 3 甲部分 — 技術規格

日期：二○

一七

年

五

月

十二

日

岑永昌

政府代表

Supply of a Gas Chromatograph with Thermal Energy Analyzer and Nitrogen Phosphorus Detector to the Government Laboratory

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

(a) In addition to the terms defined in the Interpretation of the Standard Terms and Conditions (BD-TERMS-1 (December 2015)), the following terms are applicable to this Invitation to Tender and the Contract:

“Acceptance Date”	means the date on which the Goods are accepted by the Government pursuant to Clause 5 of the Special Conditions of Contract;
“Estimated Contract Price”	means the amount specified in the last column of Section I of Paragraph 1(a) in Schedule A (Price Schedule);
“F.I.S.”	means “free into store” where the Contractor bears the responsibility for the cost of delivering the Goods to the specified location(s) and stacking of the Goods therein;
“Government Laboratory” or “GL”	means the Government Laboratory of the Government;
“Guarantee Period”	means the 12-month period or the period as the Contractor may have committed in Schedule C (Checklist of Compliance), whichever is the longer, commencing from the Acceptance Date;
“Mandatory Item”	means item 1 in Section I of Paragraph 1(a) in Schedule A (Price Schedule);
“Optional Items”	means items 1 to 9 in Section II of Paragraph 1(a) in Schedule A (Price Schedule) as ordered by the Government under the Contract; and
“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 provision of the Tender Document.

(b) 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.

(c) The definitions of “Estimated Contract Price” and “Tender Document” in the Interpretation section of the Standard Terms and Conditions (BD-TERMS-1 (December 2015)) shall be deleted.

(d) For the purpose of this Invitation to Tender and the Contract, the terms “mandatory requirement” and “mandatory requirements” in the Terms of Tender of the Standard Terms and Conditions (BD-TERMS-1 (December 2015)) shall be read as “essential requirement” and “essential requirements” respectively as the context may require or permit.

THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

This invitation to tender is covered by the

World Trade Organization Agreement on Government Procurement

Supply of a Gas Chromatograph with Thermal Energy Analyzer and Nitrogen Phosphorus Detector to the Government Laboratory

Notes for Tenderers

1. Tender Document

This Tender Document, identified as M6600332016, comprises the Interpretation, the Terms of Tender and the General Conditions of Contract (BD-TERMS-1 (December 2015)) and the following documents (collectively, the “Tender Document”):

(a) the Tender Form (G.F. 230 - Parts 1 to 5) (applicable to Paper-based Tendering);

(b) the Supplement to the Interpretation;

(d) the Terms of Tender (Supplement) and its Appendix (Contact Details);

(e) the Special Conditions of Contract;

(f) the Technical Specifications;

(g) the Schedule A (Price Schedule);

(h) the Schedule B (Particulars of Offer);

(i) the Schedule C (Checklist of Compliance);

(j) the Schedule D (Information Schedule);

(k) Annex A (Reply Slip for Site Visit);

(l) Annex B (Guidelines for Training); and

(m) Annex C (The Form of Banker’s Guarantee).

2. Tenderers’ Enquiries

(a) Subject to Paragraph 2(b) below, any enquiries from a prospective Tenderer concerning the set of Tender Document up to the date of lodging its Tender with the Government shall be made in writing to the Government Chemist (Attn.: Supplies Officer (GL)) in one of the following ways:

(i) by facsimile on number (000) 0000 0000; or

(ii) by mail to the Government Laboratory, Supplies Section, Room 623, 0/X., Xx Xxx Xxx Xxxxxxxxxx Xxxxxxx, 00 Xxxxx Xxx Xxxxxx, Xxxxxxxx, Xxxx Xxxx.

(b) 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 thereto shall be in writing or formally documented in writing.

3. Site Visit

(a) A site visit will be held at 2:00 pm on 6 June 2017 at Product Testing & Dutiable Commodities Section, 0/X., Xxxxxx Xxxxx Xxxxxxx Xxxxxxxxxx Xxxxxxxx, Xxxxxx Xxx Xxxxxx, Xxxxxxx Xxx, Xxxxxxx, Xxxx Xxxx.

Although attendance is not compulsory, Tenderers are encouraged to participate in the site visit to understand the site restrictions and relevant requirements stipulated in Tender Document before making an offer. The Government will not be responsible for any liability whatsoever in connection with the site visit which is to be made entirely at the prospective Tenderers’ own risk and expenses. A Tenderer who wishes to attend the site visit is requested to complete the reply slip at Annex A and fax it to the Government Chemist (Attn.: Dr. H.M. Xxx) on facsimile no. (000) 0000 0000 by 5:00 p.m. on 5 June 2017. For planning purpose, the number of representatives of each Tenderer is limited to two (2) persons. If any Tenderer wishes to bring along additional representatives, it should provide the information in the reply slip for the Government’s consideration.

(b) 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 11:00 a.m. on the same date of the site visit, the scheduled site visit for that day will be cancelled and the Government will notify prospective Tenderers who have submitted a reply slip the arrangement of the rescheduled site visit.

Supply of a Gas Chromatograph with Thermal Energy Analyzer and Nitrogen Phosphorus Detector to the Government Laboratory

Terms of Tender (Supplement)

1. Tender Invitation

Tenders are invited for the supply of a gas chromatograph with thermal energy analyzer and nitrogen phosphorus detector subject to and in accordance with the Tender Document.

2. Tender Preparation and Submission

Pursuant to Paragraph 3.3 of the Terms of Tender (BD-TERMS-1 (December 2015)), a Tenderer shall complete:

(a) Schedule A (Price Schedule) with the Mandatory Items fully priced, costed and totalled;

(b) Schedule B (Particulars of Offer), Schedule C (Checklist of Compliance) and Schedule D (Information Schedule) with all the information required therein; and

(c) the Appendix (Contact Details) of the Terms of Tender (BD-TERMS-1 (December 2015)), a copy of which is attached to this Tender Document.

A Tenderer shall refer to Paragraph 16 (Information to be Submitted) of the Terms of Tender (Supplement) below for further details concerning the required composition of a Tender.

3. Quotation

(a) A Tenderer shall quote in Section 1 of Paragraph 1(a) in Schedule A (Price Schedule), and any quotation submitted shall be deemed to be, an all-inclusive total price for the Mandatory Item and services required under this Contract, including without limitation the following items and services:

(i) the delivery and installation of the Goods to the location(s) specified in Paragraph 6(a) below and the provision of related services, including any necessary modification works associated with the delivery and installation of the Goods, specified in the Special Conditions of Contract on an F.I.S./Hong Kong basis;

(ii) the provision of all necessary accessories as specified in the Technical Specifications;

(iii) all handling, packaging, shipping and delivery;

(iv) the provision of training and documentation in accordance with Clauses 6 and 7 of the Special Conditions of Contract;

(v) the provision of all licences and all improved or upgraded version of software of the Goods in accordance with Clauses 8 and 9(e) of the Special Conditions of Contract; and

(vi) the provision of maintenance services of the Goods throughout the Guarantee Period of at least twelve (12) months in accordance with Clause 9 of the Special Conditions of Contract.

A Tender with a quotation on delivery terms other than F.I.S./Hong Kong (e.g. F.O.B., C.I.F./Hong Kong) or without the provision of any of the above items or services will not be considered further.

(b) To the extent the Tenderer intends to bid for the Optional Items, the Tenderer should provide the quotation for such Optional Items in Section II of Paragraph 1(a) in Schedule A (Price Schedule).

(c) Apart from the prices quoted in Schedule A (Price Schedule) (the payment of which is 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 the Mandatory Item/Optional Items.

(d) Pursuant to Paragraph 5.1 of the Terms of Tender (BD-TERMS-1 (December 2015)), a Tenderer is requested to quote the prices in Hong Kong dollars. Prices quoted in US dollars or in currency of the place supplying the Goods may be considered.

4. Particulars of Offer

A Tenderer shall provide in Schedule B (Particular of Offer) the essential particulars of the Goods offered (i.e. Paragraphs 1(a) to (c)). If a Tenderer fails to submit the above information required together with its Tender before the Tender Closing Time, its Tender will not be considered further.

5. Statement of Compliance

(a) A Tenderer shall confirm in Paragraph 1 of Schedule C (Checklist of Compliance) whether the Goods offered can comply with all of the mandatory features stipulated in the Technical Specifications. If the Tenderer does not complete Paragraph 1 of Schedule C (Checklist of Compliance), it shall be deemed that the Tenderer confirms its compliance with the mandatory features of the Technical Specifications. A Tenderer’s Tender will not be considered further if the Tenderer expressly indicates non-compliance with any mandatory features of the Technical Specifications in its Tenders, or the Government determines so upon the seeking of any clarifications in accordance with Paragraph 21 (Request for Information) of the Terms of Tender (BD-TERMS-1 (December 2015)).

(b) For the avoidance of doubt, the Government reserves the right to seek clarifications from a Tenderer to determine, inter alia, if the Goods it has offered comply with the Technical Specifications.

(c) For the purposes of Sub-paragraph (a) above, if there is any inconsistency between the information, data, drawings or other documents provided by the Tenderer and those provided by the manufacturers of the Goods (whether provided through the Tenderer or obtained by the Government from other sources), the tender evaluation will be based on the information, data, drawings or other documents provided by the manufacturers unless the Tenderer, upon the seeking of any clarification by the Government, resolves such inconsistency to the satisfaction of the Government. For the avoidance of doubt, the Government is not obliged to seek clarification in the event of any apparent inconsistency.

6. Delivery and Installation Schedule

(a) The successful Tenderer should complete the delivery and installation of the Goods to the Product Testing & Dutiable Commodities Section, 0/X, Xxxxxx Xxxxx Xxxxxxx Xxxxxxxxxx Xxxxxxxx, Xxxxxx Xxx Xxxxxx, Xxxxxxx Xxx, Xxxxxxx, Xxxx Xxxx or other location in Hong Kong as specified by the Government within sixteen (16) weeks from the date of Tender Acceptance.

(b) A Tenderer shall confirm in Paragraph 2 of Schedule C (Checklist of Compliance) that it shall comply with the delivery and installation schedule as stipulated Sub-paragraph (a) above or provide an earlier delivery and installation schedule for the Government’s consideration. If a Tenderer does not complete Paragraph 2 of Schedule C (Checklist of Compliance), it shall be deemed that the Tenderer agrees with and a bound by the delivery and installation schedule as stipulated in Sub-paragraph (a) above.

(c) If a Tenderer is unable to meet the schedule specified in Sub-paragraph (a) above, it should indicate clearly in Schedule C (Checklist of Compliance) an alternative schedule for the Government’s consideration. A Tender will not be considered further if an alternative schedule which is more than eighteen (18) weeks from the date of Tender Acceptance is proposed.

(d) A Tenderer will be bound by the delivery and installation schedule specified in Sub-paragraph (a) above unless an alternative schedule is acceptable to the Government. If a Tenderer does propose an alternative schedule which is acceptable to the Government, it will be bound by such alternative schedule as part of the Contract.

7. Expected Life Span

(a) It is an essential requirement that the expected life span of the offered Goods shall not be less than seven (7) years from the Acceptance Date as stipulated in Clause 12(a)(i) of the Special Conditions of Contract.

(b) A Tenderer shall specify in Paragraph 3 of Schedule C (Checklist of Compliance) the expected life span of the Goods offered. If a Tenderer does not complete Paragraph 3 of Schedule C (Checklist of Compliance), it shall be deemed that the Tenderer agrees with and is bound by the requirements as stipulated in Clause 12(a)(i) of the Special Conditions of Contract.

(c) A Tenderer’s Tender will not be considered further if the expected life span of the Goods offered is less than seven (7) years from the Acceptance Date.

8. Maintenance Requirements

(a) It is an essential requirement that a successful Tenderer shall guarantee the Goods, or any part or portion thereof, for twelve (12) months commencing from the Acceptance Date (“Guarantee Period”) and shall provide free warranty maintenance services against all faulty parts and defects in workmanship during the Guarantee Period as detailed in Clause 9 of the Special Conditions of Contract. If a Tenderer fails to comply with this requirement, its Tender will not be considered further.

(b) A Tenderer should note the maintenance requirements as stipulated in Clause 9 of the Special Conditions of Contract. If the manufacturer offers as a standard practice a guarantee period of more than twelve (12) months for the Goods, or any part or portion thereof, a Tenderer shall provide the information and state clearly in Schedule C (Checklist of Compliance).

(c) A Tenderer shall specify in Paragraph 4 of Schedule C (Checklist of Compliance) the frequency of on-site preventive maintenance services it will provide and the response time to a service call as detailed in Clause 9 of the Special Conditions of Contract. If a Tenderer does not provide the information as required, it shall be deemed that the Tenderer agrees with and is bound by the requirements stipulated in Clause 9 of the Special Conditions of Contract.

(d) A Tenderer should also provide in Paragraph 2(a) of Schedule D (Information Schedule) information of its service centre, such as the address of the service centre (postal box is not acceptable), contacting phone number, facsimile number, e-mail address and service hours.

(e) If a local agent is to be appointed by the Tenderer for performing the maintenance/after-sale services, the Tenderer shall provide in Paragraph 2(b) of Schedule D (Information Schedule) the contact details including the name and address of its local agent (postal box is not acceptable) with the details of warranty coverage, and specify how its local agent could undertake the maintenance/after-sale services in Hong Kong. The Tenderer shall also submit 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 maintenance/after-sales services of the Goods 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 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. If no information is provided in Paragraph 2(b) of Schedule D (Information Schedule), it shall be assumed that the Tenderer will itself perform the maintenance/after-sale services.

9. Software Upgrade

(a) It is an essential requirement that a successful Tenderer shall undertake that free upgrade of all installed instrument software when available shall be provided during the Guarantee Period as detailed at Clause 9(e) of the Special Conditions of Contract.

(b) A Tenderer should attach with its Tender a price list for upgrade of instrument software and/or annual licence fee after the expiry of the Guarantee Period for the Government’s reference.

10. Spare Parts and Special Tools

(a) It is an essential requirement that a successful Tenderer shall guarantee that the availability of spare parts and special tools for maintenance of the Goods as detailed in Clause 10 of the Special Conditions of Contract.

(b) A Tenderer shall attach with its Tender a comprehensive list of recommended spare parts (including general and essential spares for routine maintenance) and special tools with unit prices for the initial twelve (12) months operation of the Goods after the expiry of the Guarantee Period for the Government’s reference.

(c) A Tenderer shall provide in Schedule D (Information Schedule) the lead time for ordering spare parts and special tools kept in Hong Kong and outside Hong Kong.

11. Tenders to Remain Open

Pursuant to Paragraph 4 of the Terms of Tender (BD-TERMS-1 (December 2015)), a Tender submitted in response to this Invitation to Tender shall remain valid and open for acceptance for a period of not less than 150 days after the Tender Closing Time.

12. Payment Terms

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

(b) A Tenderer is requested to indicate in Schedule D (Information Schedule) what discounts it would allow on the tendered prices if payment is made in full within a specified period of time.

(c) If the successful Tenderer is from a place outside Hong Kong, payment to it shall be made by telegraphic transfer. A Tenderer from a place outside Hong Kong is therefore required to provide its banking details in Schedule D (Information Schedule).

13. 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 16(a) (Information to be Submitted) 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 stipulated in the Tender Document. Any Tender which fails to meet any of the essential requirements will not be considered further.

(i) The total tender price for Mandatory Item specified in Section I of Paragraph 1(a) in Schedule A (Price Schedule) will be used in the price assessment.

(ii) For price comparison purposes:

(1) the prices for the Optional Items as quoted in Section II of Paragraph 1(a) in Schedule A (Price Schedule), the prices for software upgrade as required in Paragraph 9 above and the prices for recommended spare parts and special tools as required in Paragraph 10 above will not be taken into consideration in the price assessment;

(2) any prompt payment discount offered by a Tenderer will not be taken into consideration in the price assessment; and

(3) prices quoted in a currency other than Hong Kong dollars will be converted to Hong Kong dollars based on the official opening selling rate of the relevant currency quoted by the Hong Kong Association of Banks on the Tender Closing Date.

(d) Preference

If there are more than one lowest conforming offers offering the same price, preference will be given to the offer with the shortest delivery and installation schedule from the date of Tender Acceptance.

14. 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 will be conducted 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.

15. Contract Deposit

(a) The successful Tenderer shall pay the Contract Deposit either in cash or in the form of a banker’s guarantee. Each Tenderer should state clearly in Schedule D (Information Schedule) the method of providing the Contract Deposit. If the successful Tenderer fails to do so, it will be regarded to have undertaken to pay the Contract Deposit to the Government in cash.

(b) Pursuant to Paragraph 27 of the Terms of Tender (BD-TERMS-1 (December 2015)), if the successful Tenderer elects to pay the Contract Deposit by way of a banker’s guarantee, unless otherwise agreed by the Government, the banker’s guarantee must be on the terms set out at Annex C (The Form of Banker’s Guarantee).

16. Information to be Submitted

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

(i) the price information for Mandatory Item as required in Section I of Paragraph 1(a) in Schedule A (Price Schedule);

(ii) the essential information as required in Paragraphs 1(a) to 1(c) of Schedule B (Particulars of Offer); and

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

Otherwise, the Tenderer’s Tender will not be considered further. In relation to Sub-paragraph (a)(iii) above, a Tenderer should note that it must complete and sign on Part 4 “Offer to be Bound” of the Tender Form (G.F.230). If a Tenderer provides the necessary details in its own version of “Offer to be Bound”, notwithstanding whether the information is the same as the Tender Form, the Tenderer’s Tender will not be considered further.

(b) In addition to Sub-paragraph (a) above, a Tenderer is required to provide all other information/documents, duly completed and signed where applicable, requested in the Tender Document or relevant to its Tender, including but not limited to the following:

(i) the information as required in Paragraph 7 of Schedule D (Information Schedule);

(ii) written undertaking issued by the appointed local agent (if any) as stipulated in Paragraph 8(e) of the Terms of Tender (Supplement);

(iii) complete product information, including technical and descriptive literature, catalogues and documentary evidence, which is necessary for tender evaluation; and

(iv) a copy of 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.

A Tenderer is encouraged to provide all the above information/documents at the same time when it submits its Tender. If any of the above information/documents is missing in a Tender and is not provided upon the Government’s request which may be made pursuant to Paragraph 21 “Request for Information” of the Terms of Tender (BD-TERMS-1 (December 2015)), the Tender will not be considered further.

(c) In addition to Sub-paragraph (b) above, a Tenderer should provide the items below at the same time when it submit its Tender:

(i) other information as required in Schedule B (Particulars of Offer);

(ii) other Paragraphs in Schedule D (Information Schedule) in addition to the ones mentioned in Sub-paragraphs (b)(i) and b(iv) above;

(iii) the information as required in the Appendix (Contact Details);

(iv) a price list for upgrade of instrument software and/or annual licence fee after the expiry of the Guarantee Period as required in Paragraph 9 of the Terms of Tender (Supplement);

(v) a comprehensive list of recommended spare parts and special tools with unit prices for the initial twelve (12) months operation of the Goods after the expiry of Guarantee Period as required in Paragraph 10 of the Terms of Tender (Supplement);

(vi) a copy of a valid Business Registration Certificate or other valid business document issued by a governmental or competent authority; and

(vii) a copy of Certificate of Incorporation or the Certificate of Change of Name (if any) or other valid business document issued by a government or competent authority.

If any of the above information/documents is missing in a Tender and is not provided upon any request which may be made pursuant to Paragraph 21 (Request for Information) of the Terms of Tender (BD-TERMS-1 (December 2015)), the Tender will not be considered further.

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

17. Deletion

For the purpose of this Invitation to Tender, Paragraph 6 (Checklist of Compliance), Paragraph 7.1(k) (Company/Business Organisation Status), Paragraph 10 (Manufacturer’s Agreement), Paragraph 12 (Authenticity of Document submitted), Paragraph 23 (Negotiations), Paragraph 27.2 and 27.3(b) (Contract Deposit) and Annex of the Terms of Tender (BD-TERMS-1 (December 2015)) are deleted.

APPENDIX

(To be completed and returned together with the tender submission)

Contact details of:

(1) the Government Representative: Mr. XXXX Xxxx-xxxxxx,

Acting Chief Chemist (Other Scientific Services Group)

the Procuring Department: Government Laboratory

Address: Room 623, 0/X, Xx Xxx Xxx Xxxxxxxxxx Xxxxxxx 00 Xxxxx Xxx Xxxxxx

Xxxxxxxx Xxxx Xxxx

Attn: Miss Xxxxx XXX, Supplies Officer

Facsimile Number: (000) 0000 0000

Email Address: xxxxx@xxxxxxx.xxx.xx

(2) the Tenderer: Address:

Attn:

Facsimile Number:

Email Address:

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

Attn:

Facsimile Number: Email Address:



Supply of a Gas Chromatograph with Thermal Energy Analyzer and Nitrogen Phosphorus Detector to the Government Laboratory

Special Conditions of Contract

1. Contract Period

Subject to any provision for earlier termination or extension of this Contract, this Contract shall be effective from the date of Tender Acceptance and shall expire on the date of the expiry of the Guarantee Period of the Goods.

2. Contractor’s Acknowledgement

Pursuant to Clause 1 of the General Conditions of Contract (BD-TERMS-1 (December 2015)), the Contractor acknowledges that it has been fully informed of and is fully aware of the purposes for which the Goods and Optional Items are to be used by the Government as specified in the Contract.

3. Conduct of the Work

(a) In relation to the supply and installation of the Goods, the Contractor shall carry out the installation, connection and modification works with all due and reasonable diligence and despatch.

(b) The Contractor shall, through the Government Representative, keep the Government informed of all matters related to its obligation assumed under the Contract within the knowledge of the Contractor and shall answer all reasonable enquiries received from the Government Representative.

(c) The Contractor shall attend all meetings convened by the Government Representative to which it may be summoned and shall advise and assist the Government on all matters relating to the duties and obligations it has assumed under this Contract.

(d) All materials supplied to the Contractor by the Government for the purposes of this Contract shall remain the property of the Government and shall be returned in good and functional condition on or before the Acceptance Date or such later time as the Government Representative may agree.

4. Delivery and Installation Requirements

(a) The Contractor shall complete the delivery and installation of the Goods and Optional Items (if ordered by the Government) to the Product Testing & Dutiable Commodities Section, 0/X, Xxxxxx Xxxxx Xxxxxxx Xxxxxxxxxx Xxxxxxxx, Xxxxxx Xxx Xxxxxx, Xxxxxxx Xxx, Xxxxxxx, Xxxx Xxxx or other location in Hong Kong as specified by the Government within sixteen (16) weeks from the date of Tender Acceptance or any other alternative schedule as agreed by the Government.

(b) Prior to the delivery of the Goods and Optional Items (if applicable), the Contractor should contact the Supplies Officer of GL on telephone no. (000) 0000 0000 and/or facsimile no. (000) 0000 0000 for making the necessary arrangement.

(c) Pursuant to Clause 6 of the General Conditions of Contract (BD-TERMS-1 (December 2015)), the Contractor shall be responsible for the packaging and delivery of the Goods and Optional Items (if applicable) and other parts which are required for the successful on-site installation, testing and commissioning, and acceptance of the Goods and Optional Items (if applicable).

(d) The Contractor’s delivery note must be accompanied by a copy of the order.

(e) Upon the completion of delivery, the Contractor shall be responsible for unpacking the Goods and Optional Items (if applicable) and shall remove all packing cases or other containers in which the Goods and Optional Items (if applicable) are delivered.

(f) The Contractor shall be responsible for the site preparation for the installation and housing of the Goods and Optional Items (if applicable), including the installation of stainless steel gas lines from gas cylinders to the designated locations where necessary.

(g) The proposal of modification works shall be submitted for prior approval by relevant Government department(s) when necessary. Depending on the complexity of the works, it shall be conducted and certified by qualified engineer(s) and certificate(s) of compliance shall be provided if required. The modification works shall be completed with acceptance by relevant Government department(s) prior to the delivery of the Goods and Optional Items (if applicable).

(h) In cases where modification works associated with the delivery, storage before installation and installation of the Goods and Optional Items (if applicable) are required, the Contractor shall be fully responsible for all the expenses and liability. The Contractor shall be aware of the water supply, drainage, exhaust, air conditioning, and any other dimensions such as door frames, corridor, ceiling height, etc. in connection with the installation of the Goods and Optional Items (if applicable).

(i) The Contractor shall be fully responsible for the expenses of any modifications required for the installation of the Goods and Optional Items (if applicable). The noise level of the room housing the Goods and Optional Items (if applicable) shall comply with local occupational health and safety regulations.

(j) The Contractor shall supply all labour, installation kits, cables, tubings, spare parts, all necessary regulators(s) and gas transfer lines for the connection between the gas chromatograph with thermal energy analyzer and nitrogen phosphorus detector and gas supplies, and the workstation(s), consumables including necessary chemicals standards, gas stream filter, oil and mist traps for the roughing pumps, and necessary accessories for installation, acceptance tests and commissioning of the Goods and Optional Items (if applicable).

(k) The Contractor shall be responsible for installation of the Goods and Optional Items (if applicable) ensuring full compliance with local and international structural and electrical standards and requirements. After installation of the Goods and Optional Items (if applicable), certificate of the installed items for compliance with structural and electrical requirements signed by relevant registered person(s) shall be provided by the Contractor upon request by the Government at no additional charge.

5. Acceptance Tests

(a) Without prejudice to Clause 9 of the General Conditions of Contract (BD-TERMS-1 (December 2015)), the Goods and Optional Items (if ordered by the Government) shall be subject to acceptance tests after delivery and installation. The acceptance tests shall be conducted at time to be agreed with the Government Representative. The Contractor shall be responsible for the supply of all necessary materials and consumables for conducting the acceptance tests. During the acceptance tests, the Contractor shall demonstrate that the functions and performance of the Goods and Optional Items (if applicable) in the presence of the Government Representative are in compliance with the Technical Specifications.

(b) Upon completion of the acceptance tests, the Contractor shall within four (4) weeks submit to the Government Representative the test results in a format agreed with the Government Representative for approval. The Government Representative will within four (4) weeks after receipt of the test results inform the Contractor whether or not the test results are in order. The Contractor shall make any reasonable amendments to the test report as the Government Representative may require.

(c) The Acceptance Date of the Goods and Optional Items (if applicable) shall be determined by the Government based upon the satisfactory completion of such acceptance tests as agreed by the Government Representative and the issuance of the Acceptance Note.

(d) From the date of commencement of the acceptance tests, the Government shall be entitled to use the Goods and Optional Items (if applicable) at no cost and the Contractor shall provide free of charge such maintenance services for the Goods and Optional Items (if applicable) as may be necessary to maintain them in full working order until they are accepted by the Government.

6. Training

(a) The Contractor shall provide (at no additional charge to the Government as the Contract Price already covers them) the following training to the Government within four (4) weeks from the Acceptance Date:

(i) at least one (1) full day on-site comprehensive operation training and routine maintenance training course of the Goods to at least six (6) Government staff in operation, data acquisition and use of instrument software for data processing, routine maintenance and trouble-shooting technique; and

(ii) at least one (1) full-day on-site service training course for the maintenance of the Goods to at least six (6) Government staff. The course shall cover basic theory of operation, circuit description, trouble-shooting technique, calibration and alignment, adjustment, etc.

(b) The Contractor shall arrange and conduct the training in accordance with the requirements stipulated in Annex B (Guidelines for Training).

7. Manuals

(a) The Contractor shall, on the delivery of the Goods, provide the Government free of charge with at least three (3) sets of operation and service manuals, of which one (1) set must be in original hard copy. The manuals shall cover at least principles of operation, circuit diagrams, schematic and block diagrams, trouble-shooting techniques/guides, maintenance and operation instructions, calibration and alignment procedures, preventative procedures and a full part list.

(b) All manuals shall be written in English. The Contractor shall be responsible for updating the manuals during the Guarantee Period.

8. Licence

The Contractor shall grant or procure to be granted to the Government a non-exclusive and perpetual licence to use the software on and in conjunction with the Goods.

9. Maintenance Services

(a) Without prejudice to Clause 14 of the General Conditions of Contract (BD-TERMS-1 (December 2015)), the Contractor shall guarantee the Goods, or any part or portion thereof, for a period of at least twelve (12) months or the period stipulated in Schedule C (Checklist of Compliance), whichever is the longer, commencing from the Acceptance Date (“Guarantee Period”).

(b) The Contractor shall during the Guarantee Period provide the following free warranty maintenance services to maintain the Goods in their full working conditions at no charge to the Government:

(i) on-site preventative maintenance services at least one (1) time per year or according to the frequency committed in Schedule C (Checklist of Compliance), whichever is the higher. The on-site preventive maintenance services shall include without limitation annual safety check, routine performance check and maintenance work, inspection and testing of the Goods (both functional and electrical safety tests shall be included), adjustment and cleaning of the Goods, replacement of pump oil, software upgrade and replacement of defective parts of the Goods; and

(ii) on-site corrective maintenance services, which shall include without limitation inspection, electrical safety check, testing and diagnosing any fault reported, and carrying out such repair, adjustment and replacement of parts as may be necessary to restore the Goods to proper working conditions.

(c) The Contractor undertakes and warrants that it shall attend to a service call(s) and in any event within forty-eight (48) hours or the period of time committed in Schedule C (Checklist of Compliance), whichever is the shorter, from the time when the service call is made. The Contractor also undertakes if the period between the reporting and the rectification of any faults is more than five (5) working days, the Guarantee Period shall be extended by a corresponding period of time.

(d) The Contractor shall provide all spare parts and special tools that are required for maintaining the Goods in their full working order at no additional charge to the Government during the Guarantee Period.

(e) During the Guarantee Period, the Contractor shall also deliver to the Government any improved and upgraded version of the software together with any amendments to the maintenance and operational manuals, and install the improved/upgraded software into the Goods free of all charges to the Government.

(f) The Contractor shall, at its own expense, make good, to the satisfaction of the Government Representative, any defects on the Goods due to poor workmanship or faulty design which may arise during the Guarantee Period. Parts which have been replaced under this Clause shall have a new Guarantee Period of twelve (12) months or the period stipulated in Schedule C (Checklist Compliance), whichever is the longer, commencing from the date of replacement.

(g) The Contractor shall complete and maintain service records for both preventive and corrective maintenance services in respect of the Goods rendered during the Guarantee Period. The Government reserves the right to inspect or to request for copies of these records at any time as it may see fit before or after the Guarantee Period has extend. Each of the service records shall include the following contents:

(i) description of the Goods;

(ii) nature of service (preventive or corrective);

(iii) date and time of fault reported;

(iv) date and time of fault corrected;

(v) action taken;

(vi) spare parts used; and

(vii) current prices of spare parts used.

(h) The Contractor shall provide such post-warranty maintenance service (if ordered by the Government) to the Government at the rate/unit prices as specified in Schedule A (Price Schedule) and subject to the same terms and conditions set out in Sub-clauses (b), (c) and

(e) above and the other applicable provisions of the Contract save that references to “Guarantee Period” shall mean the period of the post-warranty maintenance service.

10. Spare Parts and Special Tools

The Contractor guarantees that spares parts and special tools shall be available for sale during the expected life span of the Goods. The Contractor also undertakes and warrants that sufficient spare parts and special tools shall be held in Hong Kong to cater for the maintenance services during the Guarantee Period and the period of post-warranty maintenance services (if ordered by the Government).

11. Passage and Transport

(a) The Contractor shall, at its own cost, be responsible for the passage of its employees, agents and sub-contractors from places outside Hong Kong to Hong Kong or vice versa for the performance of the Contract.

(b) The Contractor shall, at its own cost, be responsible for providing transportation within Hong Kong for its employees, agent and sub-contractors and its equipment.

12. Contractor’s Warranties

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

(i) the Goods shall have a life span of at least seven (7) years from the Acceptance Date; and

(ii) the Goods were manufactured at the place specified in Schedule B (Particulars of Offer).

(b) Pursuant to Clause 14 of the General Conditions of Contract (BD-TERMS-1 (December 2015)), the Contractor shall conduct calibration and perform final inspection and acceptance tests of the Goods for each repair order at no additional charge to the Government to prove that the Goods function properly after repair.

13. Remedy on Contractor’s Failure to Perform

(a) Pre-acceptance Stage

If after delivery and installation of the Goods but prior to acceptance of the Goods, the Contractor fails to demonstrate to the Government within eight (8) weeks that the Goods installed comply with the Technical Specifications in every respect, the Government may terminate this Contract by notice in writing addressed to the Contractor without prejudice to any other rights which the Government may have against the Contractor.

(b) Within Guarantee Period

If during the Guarantee Period, the Contractor fails to maintain the Goods to their performance specifications such that the Goods remain unfit for use for a cumulative period of ninety (90) days, the Government may without prejudice to other remedies:

(i) proceed, after serving notice of intent on the Contractor, to do the work at the Contractor’s risk and expense; or

(ii) terminate the Contract and demand a rebate of any payment made in respect of the Goods by notice in writing addressed to the Contractor and the Contractor shall forthwith pay back to the Government such sum or sums so demanded.

14. Payment Terms

(a) Pursuant to Clause 13 of the General Conditions of Contract (BD-TERMS-1 (December 2015)), payment in respect of the Goods and Optional Items (if ordered by the Government) supplied shall be arranged by GL. To enable speedy payment to be made, all invoices and correspondence regarding payment for the Goods and Optional Items (if applicable) accepted should be forwarded by the Contractor to the appropriate office to which the Goods and Optional Items (if applicable) are delivered. The Government shall not be held responsible for any delay in payment if invoices or correspondence are not properly addressed in the manner stipulated in Clause 13 of the General Conditions of Contract (BD-TERMS-1 (December 2015)).

(b) Unless otherwise agreed, payment to the Contractor in respect of the Mandatory Items and Optional Items (if ordered by the Government) will be made in Hong Kong dollars in accordance with the payment timetable set out in Schedule A (Price Schedule). If the prices quoted are in a currency other than Hong Kong dollars, the conversion rate of the specified currency 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.

(c) If the Contractor is located outside Hong Kong, payment to it shall be made by telegraphic transfer to the Contractor’s bank account as specified in Schedule D (Information Schedule). All charges imposed by banks outside Hong Kong shall be borne by the Contractor. In addition, any charges imposed by banks for carrying out any special requests 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 banks.

15. Contract Deposit

(a) Pursuant to Clause 16 of the General Conditions of Contract (BD-TERMS-1 (December 2015)), if the Contractor pays the Contract Deposit by way of a banker’s guarantee, unless otherwise agreed by the Government, the banker’s guarantee must be on the terms set out at Annex C (The Form of Banker’s Guarantee).

(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 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 Paragraph 7 of Annex C (The Form of Banker’s Guarantee).

16. Termination of the Contract

(a) Without prejudice to Clause 19 of the General Conditions of Contract (BD-TERMS-1 (December 2015)) and any other rights and remedies of the Government under the Contract or at law, the Government shall be entitled to terminate the Contract if:

(i) the Contractor abandons the Contract in part or in whole;

(ii) 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; or

(iii) the Contractor, or an associate or associated person of the Contractor, or a director or any other officer in the management position of the Contractor or of such associated person or associate (who has been in such office any time during the twelve (12) months preceding the Contract Period or during the Contract Period) has been convicted of any criminal offence in Hong Kong based on any acts committed in the bidding or performance of any contract awarded by the Government (including without limitation any offence of conspiracy to defraud the Government).

(b) Each of the grounds entitling the Government to terminate the Contract as specified in Sub-clause (a) above and/or Clause 19 of the General Conditions of Contract (BD-TERMS-1 (December 2015)) shall be construed independently and shall not be limited or restricted by reference to or inference from any other ground or any other provisions of this Contract.

(c) For the purpose of Sub-clause (a)(iii) above, the terms “associate”, “associated person” and “director” shall have the same meanings given to them in Clause 21.3 of the General Conditions of Contract (BD-TERMS-1 (December 2015)).

17. Consequences of Contract Termination

Without prejudice to Clause 19 of the General Conditions of Contract (BD-TERMS-1 (December 2015)), upon expiry or early termination (howsoever occasioned) of the Contract (“Termination”):

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

(i) the Government’s rights and remedies 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);

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

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

(b) the Government shall not be responsible for any loss (including any direct or indirect loss, any loss of revenue, profit, business, contract or anticipated saving), damage (including any direct, special, indirect or consequential damage of whatsoever nature) or any cost or expense, suffered or incurred by the Contractor arising out of or in relation to the Termination;

(c) without prejudice to the other rights and remedies of the Government including the right to seek indemnity under Clause 18 of the General Conditions of Contract (BD-TERMS-1 (December 2015)), the Contractor shall be liable for all losses, damages, costs and expenses incurred by the Government arising from the Termination including without limitation the excess contract price payable by the Government for procuring similar goods under a separate contract in comparison with the price for such Goods which could have been procurable hereunder;

(d) if the Termination occurs before the issuance of the Acceptance Note, 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

(e) the Contractor shall refund to the Government the purchase price paid for the Goods which have subsequently been rejected pursuant to Clause 10 of the General Conditions of Contract (BD-TERMS-1 (December 2015)) plus interest. The interest referred to in this Sub-clause shall accrue from the original date of payment by the Government of such sum to be refunded up to the date of actual refund in full by the Contractor (as well after as before judgement) 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.

18. Policy of Insurance and Compensation

Pursuant to Clause 24 of the General Conditions of Contract (BD-TERMS-1 (December 2015)), in the event of any workman or other person employed on the works or in connection with the Contract suffering any personal injury and whether there be a claim for compensation or not, the Contractor shall without delay give notice in writing of such personal injury to the Government.

19. Technology Substitution

(a) During the continuance of this Contract, the Contractor undertakes to offer to the Government and the Government may at any time before delivery of any unit of the Goods and at its sole option elect to accept any units of the goods in substitution for units of the Goods where the substitute units contain new technology or have performance characteristics similar to or better than any units of the Goods supplied under this Contract.

(b) Such substitute units shall be offered to the Government at the Contractor’s then prevailing prices including discount offered to the Contractor’s most favoured customers for the same items, in the same quantities, and on substantially similar terms and conditions, delivery schedule, and place of performance. In the event that Government elects to accept the substitute unit of goods for the Contract, the provisions of this Contract shall apply to such substitute unit.

20. Illegal Workers

(a) The Contractor undertakes not to employ illegal workers in the execution of this Contract or any other Government contracts. Should the Contractor be found to have employed illegal workers in breach of this undertaking, the Government Representative may, on behalf of the Government, by notice in writing, terminate the Contract and the Contractor is not entitled to claim any compensation.

(b) The Contractor shall be liable for all expenses necessarily incurred by the Government as a result of the termination of the Contract under Sub-clause (a) above.

21. Admission of Contractor’s Personnel to Government Premises

(a) The Government Representative reserves the right to refuse admission to any premises of the Government any person employed or engaged by the Contractor, whose admission would be, in the sole and absolute opinion of the Government Representative, undesirable.

(b) If and when directed by the Government Representative, the Contractor shall provide to the Government a list of the names, addresses and telephone numbers of all Contractor personnel who may at any time require admission on behalf of the Contractor to any premises of the Government for performing the work. Such list shall specify the capacities in which these persons are employed or appointed by or otherwise connected with the Contractor and shall contain such other particulars as the Government Representative may reasonably require.

(c) The Contractor shall ensure that all its Contractor personnel who have been given access to any premises of the Government comply with any security, health and safety or other policies and regulations that apply to such premises. The Contractor shall also ensure that its operation does not disrupt the orderly operation at the Government’s premises.

(d) In the event that the Contractor fails to comply with Sub-clause (b) or (c) above and the Government Representative determines that such failure is prejudicial to the interest of the Government, the Government Representative may thereupon terminate the Contract.

22. Contractors’ Performance Monitoring

The Contractor shall note that its performance will be monitored and may be taken into account when its future offers for other tenders / quotations exercises are evaluated.

23. Deletion

For the purpose of this Contract, Clause 4 (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 13.4 (Payment of the Contract Price) and Clauses 16.2(b) (Contract Deposit) of the General Conditions of Contract (BD-TERMS-1 (December 2015)) are deleted.

Supply of a Gas Chromatograph with Thermal Energy Analyzer and Nitrogen Phosphorus Detector to the Government Laboratory

Technical Specifications

Notes:

(a) The Technical Specifications comprise mandatory features and desirable features. All mandatory features are essential requirements. A Xxxxxxxx’x Tender that fails to comply with any of the essential requirements will not be considered further.

(b) Tenderers should note the following remarks for the Technical Specifications.

[M]

Mandatory Features

[D]

Desirable Features

1	General
1.1	The gas chromatographic system equipped with a Thermal Energy Analyzer (TEA) and a Nitrogen Phosphorus Detector (NPD) (“System”) shall be capable of performing qualitative and quantitative analysis of N-nitrosamines in toys and children’s products samples. [Note: Tenderer(s) shall offer either a single integrated system (i.e. a gas chromatograph containing both TEA and NPD controlled by one workstation) or two (2) separate instruments with two (2) workstations (i.e. a gas chromatograph equipped with a TEA and a gas chromatograph equipped with a NPD. Each of the chromatographs is controlled by individual workstation).		[M]
1.2	The Goods shall consist of, but not limited to, the following components for automatic injection, separation, identification, and quantification of target analytes in the samples:
	1.2.1	A gas chromatograph (GC) (Section 2).	[M]
	1.2.2	A thermal energy analyzer (TEA) (Section 3).	[M]
	1.2.3	Two (2) nitrogen phosphorus detectors (NPD) (Section 4).	[M]
	1.2.4	A system control and data handling unit (Workstation) (Section 5).	[M]
1.3	All components of the Goods shall be compatible with one another for automatic operations.		[M]
2	Gas Chromatograph (GC)
	The GC shall consist of at least the following components:		[M]
	- an autosampler (Section 2.1);
	- an injection port (inlet) (Section 2.2);
	- an oven column compartment (Section 2.3);
	- an auxiliary port for NPD (Section 2.4).
	All components in the GC system shall be fully compatible and be operational with one another. The GC system shall be fully controllable by the Workstation (s) (Section 5) for fully automatic operation.

2.1	Autosampler
	2.1.1	The sample tray shall accommodate at least 100 sample vials of capacity ≥ 1.5 mL.	[M]
	2.1.2	The autosampler shall have at least two (2) wash stations, or equivalent device(s), for needle and syringe cleaning to prevent from system carry-over.	[M]
	2.1.3	At least two (2) solvents shall be selectable for automatic needle and syringe cleaning by the Workstation(s).	[M]
	2.1.4	Injection volume shall be selectable at least cover 1 µL to 5 µL.	[M]
2.2	Injection Port (inlet)
	2.2.1	The GC shall be equipped with at least one (1) injection port (inlet).	[M]
	2.2.2	The injection port shall be able to perform operation in split mode, splitless mode or equivalent mode(s).	[M]
	2.2.3	The inlet shall be able to perform electronic setting of pressure, gas flow and split ratio.	[M]
	2.2.4	The maximum inlet temperature shall be not lower than 400 °C.	[M]
2.3	Oven Column Compartment
	2.3.1	The oven shall be able to accommodate at least one (1) GC capillary column.	[M]
	2.3.2	Temperature program settings for the oven shall allow multi-linear temperature programming of at least five (5) ramps.	[M]
	2.3.3	Operating temperature for the oven shall cover at least 5 °C above ambient to 450 °C.	[M]
	2.3.4	The heating rate for the oven shall be not lower than 40 °C per minute.	[M]
	2.3.5	The cooling time for the oven from 450 °C to 50°C shall not be more than six (6) minutes.	[M]
2.4	Auxiliary Port
	2.4.1	The Goods shall include at least one (1) auxiliary port on the GC for installing a NPD.	[M]
2.5	Chromatographic Performance
	2.5.1	The precision based on retention time should be not more than 0.1% RSD or not more than 0.01 min standard deviation, whichever is larger.	[D]
3	Thermal Energy Analyzer (TEA)
	The TEA shall consist of at least the following components:		[M]
	- a pyrolyzer (Section 3.1);
	- an ozone generator (Section 3.2);
	- an ozone reaction chamber (Section 3.3);
	- a vacuum pump (Section 3.4);

- a detector (Section 3.5); and
- a gas stream filter (Section 3.7).
3.1	Pyrolyzer
	3.1.1	The interface between the gas chromatograph and the pyrolyzer shall be mounted outside the GC oven on the column exit with a factory supplied bracket.	[M]
	3.1.2	All transfer line tubing(s) and adapter(s) for connecting the GC and pyrolyzer shall be provided.	[M]
	3.1.3	The temperature of the interface between the GC and the pyrolyzer shall be controlled by an interface temperature controller of the TEA unit, and shall be adjustable to cover at least 100 °C to 350 °C.	[M]
	3.1.4	The pyrolyzer temperature shall be controlled by a temperature controller of the TEA unit, and shall be adjustable to cover at least 250 °C to 700 °C.	[M]
3.2	Ozone Generator
	3.2.1	An ozone generator using oxygen as the precursor shall be included and installed inside the TEA.	[M]
	3.2.2	Adapter(s) and regulator(s) suitable for fitting into oxygen gas cylinder shall be provided. All the necessary gas transfer line(s) for connection shall be provided.	[M]
	3.2.3	An adjustable oxygen flow valve shall be provided for the regulation of the oxygen flow to ozone generator.	[M]
3.3	Ozone Reaction Chamber
	3.3.1	The pyrolyzer shall be equipped with a reaction chamber which shall be compatible with reaction of ozone with nitrosyl radicals to take place under vacuum.	[M]
3.4	Vacuum Pump
	3.4.1	A vacuum pump shall be provided for normal operation of the TEA.	[M]
3.5	Detector
	3.5.1	A photomultiplier tube or equivalent detector capable of detecting the electromagnetic wave arising from the chemiluminescence emission of NOx molecules and at least covering 600 nm to 800 nm wavelength shall be provided.	[M]
	3.5.2	A built-in cooling mechanism for the detector shall be included.	[M]
	3.5.3	The dynamic range and linearity range of the detector shall be equal to or larger than three (3) orders of magnitude.	[M]
3.6	Analytical Performance
	3.6.1	A signal-to-noise ratio not smaller than 3:1 on column injection of 500 pg N-nitrosodimethylamine (NDMA) shall be achievable.	[M]

3.7	Gas Stream Filter
	3.7.1	A gas stream filter or equivalent device for the removal of by-product after pyrolysis shall be provided.		[M]
	3.7.2	The gas stream filter (Section 3.7.1) of the TEA shall be replaceable.		[M]
3.8	Data Acquisition
	3.8.1	The TEA shall include a device for data acquisition and interfacing with the GC’s Workstation(s) and such device shall have the following characteristics :		[M]
		3.8.1.1	It shall be compatible with the operating system of the Workstation(s).	[M]
		3.8.1.2	It shall be capable of acquiring and transferring the signals from the TEA to the Workstation (s) for data processing.	[M]
4	Nitrogen Phosphorus Detector (NPD)
4.1	An electronic control shall be provided to control all gas flow for operation.			[M]
	4.1.1	The gas flow range of hydrogen shall cover at least 0 to 10 mL/min.		[M]
	4.1.2	The gas flow range of air shall cover at least 0 to 200 mL/min.		[M]
	4.1.3	The gas flow range of make-up gas shall cover at least 0 to 50 mL/min.		[M]
4.2	The maximum flame temperature should not be lower than 400°C.			[D]
4.3	The dynamic range of the detector for both nitrogen-containing compounds and phosphorus-containing compounds shall be at least four orders of magnitude.			[M]
4.4	Detection limit for NPD
	4.4.1	The minimum detectable level for nitrogen-containing compounds shall be not greater than 0.5pg N/sec.		[M]
	4.4.2	The minimum detectable level for phosphorus-containing compounds shall be not greater than 0.2 pg P/sec.		[M]
4.5	Selectivity for NPD
	4.5.1	The minimum selectivity for nitrogen-containing compounds shall be at least in 20000 to 1 gN/gC.		[M]
	4.5.2	The minimum selectivity for phosphorus-containing compounds shall be at least in 70000 to 1 gP/gC.		[M]
4.6	The hydrogen gas generator for use with the NPD shall be provided and able to give a steady flow rate of > 100 mL/min for the detector operation.			[M]
4.7	An additional NPD serving as a backup detector as detailed in Sections 4.1 to 4.5 shall be provided.			[M]

5 System Control and Data Handling Unit (Workstation)

5.1 The Workstation(s) with pre-installed software for controlling the System (i.e. components specified in Sections 1.2.1, 1.2.2 and 1.2.3), acquisition and processing of data, and generation of reports shall be provided. It shall be equipped with all the necessary hardware and accessories, interfaces, operating software and application software to control, acquire and process data from the System. The operating software and hardware shall be fully compatible.

[M]

5.2 The Workstation(s) shall have the following configuration as a minimum for effective operation:

5.2.1 Intel® Core i5 CPU; [M]

5.2.2 8 GB RAM; [M]

5.2.3 one (1) TB hard disk; [M]

5.2.4 one (1) DVD rewritable drive; [M]

5.2.5 one (1) 22-inch (diagonal size) flat panel colour display monitor; [M]

5.2.6 one (1) LAN port ready for networking; [M]

5.2.7 two (2) USB ports for external devices connection; [M]

5.2.8 one (1) optical mouse; [M]

5.2.9 one (1) keyboard; and [M]

5.2.10 one (1) colour laser-printer capable of network printing and automatic printing on both sides of a piece of paper with printing speed of at least 10 A4-pages per minute and at least 600 × 600 dpi resolution.

[M]

5.3 The Workstation(s) shall include a pre-installed operating system (“OS”) such as Microsoft Windows 7® (or higher version) or equivalent with official license. The licensed software(s) shall be fully compatible with the Goods and those associated operating software for controlling the GC, TEA, and NPD.

5.4 Operating system, operating software(s) and application software such as Microsoft® Office or equivalent, shall be supplied with official licenses. The Workstation(s) shall have licensed software for data processing and handling through database, spreadsheet and word processor.

[M]

5.5 The operating software should operate under a multi-tasking environment to fully control the Goods and capable of real time display of run conditions and methods. Off-line display, including overlay, and zooming of signal and spectra should be provided.

[D]

5.6 Complete data processing software including manual and automatic integration of chromatographic peaks shall be provided. The complete data processing software shall enable calibration using peak area with linear fit. Calibration information for each compound shall be accessible on screen, and shall include retention time and regression outputs.

[M]

5.7	The operating software should be completely automated for data processing and report generation such as quality control reports, summary reports, graphical reports and details reports.	[D]
5.8	All calibration and integration shall be able to be saved with the methods and shall be retrievable.	[M]
5.9	The operating software should allow simultaneous generation and printing of reports without interruption when acquisition of data proceeds in the background.	[D]
5.10	The operating software should have comprehensive self-diagnostic programme and on-line help functions.	[D]
5.11	Data should be compatible with Microsoft Office, or equivalent programmes, without the need of manual re-entry.	[D]
5.12	Licensed anti-virus software which is fully compatible with the Workstation(s) shall be provided.	[M]
6	Electrical and Safety Requirements
6.1	The Goods offered (except for the Workstation(s) in Section 5 shall comply with electrical safety requirements of IEC 61010 or equivalent standard(s).	[M]
6.2	The Goods (except for the Workstation(s) shall comply with electromagnetic compatibility requirements of IEC 61326 or EN 50082 or equivalent standard(s).	[M]
6.3	The Goods shall remain operational and within specification throughout the voltage range of 220 Volts ± 6 %, 50 Hertz ± 2 % single phase AC mains supply.	[M]

Glossary for Technical Specifications

Abbreviation	Full Description
%	Percentage
°C	Degree Celsius
≥	Greater than or equal to
±	Plus or minus
AC	Alternating Current
CPU	Central Processing Unit
DVD	Digital Versatile Disc
dpi	Dots per inch
EN	European Standards
gN/gC	gram nitrogen per gram carbon
gP/gC	gram phosphorus per gram carbon
GB	Gigabytes
GC	Gas chromatograph
IEC	International Electrotechnical Commission
LAN	Local Area Network
min	minute
mL	millilitre
mL/min	millilitre per minute
µL	microlitre
NDMA	N-nitrosodimethylamine
NPD	Nitrogen phosphorus detector
nm	nanometre
OS	Operating system
pg	picogram
pg N/sec	picogram nitrogen per second
pg P/sec	picogram phosphorus per second
RAM	Random access memory
TEA	Thermal energy analyzer
TB	Terabytes
USB	Universal serial bus
% RSD	Relative standard deviation in percent

1(a) The Contract Price

Section I - Mandatory Item

[Please refer to Paragraph 3(a) of the Terms of Tender (Supplement).]

Item	Description	Quantity	Estimated Contract Price (HK$/FIS/HK)
1.	A gas chromatograph with thermal energy analyzer and nitrogen phosphorus detector as detailed in the Technical Specifications	1 set

1(a) The Contract Price (Cont’d)

Section II - Optional Items

[Please refer to Paragraph 3(b) of the Terms of Tender (Supplement).]

Item	Description	Estimated Quantity	Rate/Unit Price (HK$/FIS/HK)
1.	A comprehensive price list of recommended spare parts	1 lot
2.	Pyrolyzer tube	1 no.
3.	Additional GC inlet and injector	1 no.
4.	Gas stream filter	1 no.
5.	Flame ionization detector	1 set
6.	Mass Spectrometry Detector and relevant operating software	1 set
7.	Any other accessories and consumables for one year operation of the whole system	1 lot

Section II - Optional Items (Cont’d)

Item	Description	Annual Charge (HK$)
8.	Post-warranty maintenance services including all spare parts, special tools and the provision of manpower
	Year 1 (free warranty)	Free warranty
	Year 2
	Year 3
	Year 4
	Year 5
	Year 6
	Year 7
9.	Post-warranty maintenance services for the provision of manpower only
	Year 1 (free warranty)	Free warranty
	Year 2
	Year 3
	Year 4
	Year 5
	Year 6
	Year 7

Name of Tenderer :

Notes:	(i)	The prices quoted for Mandatory Item specified in Section I of Paragraph 1(a) above shall include all costs stipulated in Paragraph 3(a) of the Terms of Tender (Supplement).
	(ii)	A Tenderer shall provide detailed description and model/part no. of each item offered.
	(iii)	For Paper-based Tendering, a Tenderer is reminded to sign and submit the “Offer to be Bound” of the Tender Form (G.F.230) in its prescribed form when submitting its Tender. A Tenderer should note that it must complete and sign on Part 4 “Offer to be Bound” of the Tender Form (G.F.230). If a Tenderer provides the necessary details in its own version of “Offer to be Bound”, notwithstanding whether the information is the same as the Tender Form, the Tenderer’s Tender will not be considered further.
	(iv)	A Tenderer shall note the tender validity requirement stipulated in Paragraph 11 (Tenders to Remain Open) of the Terms of Tender (Supplement). A Tender with a shorter tender validity period will not be considered further.
	(v)	Please use separate sheet(s) if the space provided above is inadequate.

1(b) Calculation of Contract Price

Contract Price = [Total amount of Mandatory Item accepted by the Government as quoted in Section I of Paragraph 1(a) above] + [Actual quantity of Optional Items 1 to 9 (if ordered by the Government) accepted by the Government x price quoted in Section II of Paragraph 1(a) above]

2 Payment Timetable

(i) One-time Charges

Subject to the other provisions of the Contract, the one-time charges for Mandatory Item specified in Section I of Paragraph 1(a) above and the Optional Items 1 to 7 specified in Section II of Paragraph 1(a) above (if ordered by the Government) will be paid to the Contractor within thirty (30) days after the Goods and Optional Items (if applicable) have been accepted in accordance with Clause 13 of the General Conditions of Contract (BD-TERMS-1 (December 2015)) and Clause 14 of the Special Conditions of Contract or the date of receipt of the Contractor’s invoice, whichever is the later.

(ii) Post-warranty Maintenance Charges

Subject to the other provisions of the Contract, the annual service charge for the post-warranty maintenance services for Optional Items 8 and 9 specified in Section II of Paragraph 1(a) above (if ordered by the Government) will be paid pro rata to the Contractor quarterly in arrears within thirty (30) days after the completion of the maintenance services for that period or the date of receipt of the Contractor’s invoice, whichever is the later.

1. Particulars of Offer

[Please refer to Paragraph 4 of the Terms of Tender (Supplement).]

A Tenderer shall provide without any omission of the following information in respect of the gas chromatograph with thermal energy analyzer and nitrogen phosphorus detector offered:

#(a)

Place of Manufacture :

#(b)

Name of Manufacturer :

#(c)

Brand/Model :

(d)

Address of Manufacturer :

(e)

Tenderer’s Business Relationship with the Manufacturer :

(Note: Documentary evidence supporting the Tenderer’s business relationship with the manufacturer must be provided with the Tender.)

Notes:

(i)

A Tenderer’s Tender will not be considered further if the Tenderer fails to submit the essential information as required in Paragraphs 1(a) to 1(c) above before the Tender Closing Time.

(ii)

Please use separate sheet(s) if the space provided above is inadequate.

Name of Tenderer :

1. Statement of Compliance

[Please refer to Paragraph 5 of the Terms of Tender (Supplement).]

*(a) I/We confirm that the Goods offered do comply fully with all of the mandatory features of the Technical Specifications.

*(b) I/We confirm that the Goods offered do not comply with the mandatory features of the Technical Specifications in the following aspects

Section No.	Technical Specifications	Details of Deviation

Notes:	(i)	A Tenderer’s Tender will not be considered further if the Tenderer expressly indicates non-compliance with any mandatory features of the Technical Specifications in its Tender; or the Government determines so upon the seeking of any clarification in accordance with Paragraph 21 (Request for Information) of the Terms of Tender (BD-TERMS-1 (December 2015)).
	(ii)	* Please delete whichever is not applicable.
	(iii)	** Please extend the table where necessary.

2. Delivery and Installation Schedule

[Please refer to Paragraph 6 of the Terms of Tender (Supplement) and Clause 4 of the Special Conditions of Contract.]

(a)#	□	I/We confirm that I/we will comply with the delivery and installation schedule set out in Sub-paragraph 6(a) of the Terms of Tender (Supplement).
(b)#	□	I/We confirm that I/we will complete the delivery and installation of the Goods within weeks from the date of Tender Acceptance.
	Notes:	(i)	The delivery and installation of the Goods shall not exceed eighteen (18) weeks from the date of Tender Acceptance. Otherwise, a Tenderer’s Tender will not be considered further.
		(ii)	# Please tick () whichever is appropriate.

3. Expected Life Span

[Please refer to Paragraph 7 of the Terms of Tender (Supplement) and Clause 12(a)(i) of the Special Conditions of Contract.]

I/We confirm and undertake that the offered Goods shall have a service life of at least

years from the Acceptance Date.

Note: The expected life span of the offered Goods shall not be less than seven (7) years from the Acceptance Date. Otherwise, a Tenderer’s Tender will not be considered further.

4. Guarantee and Maintenance

[Please refer to Paragraph 8 of the Terms of Tender (Supplement) and Clause 9 of the Special Conditions of Contract.]

(a) I/We confirm that free warranty maintenance services will be provided to the Government for months from the Acceptance Date (“Guarantee Period”) in accordance with Clause 9(a) of the Special Conditions of Contract.

Note:

Free warranty maintenance services shall be provided to the Government for a period of at least twelve (12) months from the Acceptance Date. Otherwise, a Tenderer’s Tender will not be

considered further.

(b) I/We confirm that the following services will be provided during the Guarantee Period:

(i) Frequency of on-site preventive maintenance services: year.

time(s) per

Note: According to Clause 9(b)(i) of the Special Conditions of Contract, the Contractor shall carry out at least one (1) time per year on-site preventive maintenance services during the Guarantee Period. Otherwise, a Tenderer’s Tender will not be considered further.

(ii) Response to a service call for corrective maintenance services shall be made within

hours from the time when the service call is made.

Note: According to Clause 9(c) of the Special Conditions of Contract, the Contractor shall respond to a service call within forty-eight (48) hours from the time when the service call is made. Otherwise, a Tenderer’s Tender will not be considered further.

Name of Tenderer :

1. Company/Business Organisation Status

[Please refer to Paragraph 7 of the Terms of Tender (BD-TERMS-1 (December 2015)).] The Tenderer should provide the following details:

(a)	Name and address of the company/business organisation:
(b)	Length of business experience (in years):
(c)	Agency agreement with the manufacturer (in years):
(d)	Shareholders/partners/proprietor of the company/business organisation and their percentage of ownership:
(e)	Name and residential addresses of the following:
	(i)	Managing director/partners:
	(ii)	Other directors:
	(iii)	Sole proprietor:
(f)	A copy of the Business Registration Certificate, Memorandum (if any) and Articles of Association, and Certificate of Incorporation and Certificate of Change of Name (if any), or other documents evidencing its business status. (Note: The name of company/business organisation shown in the documents shall be the same as the one stated in the Offer to be Bound.)
(g)	A copy of the relevant document (e.g. board resolutions of the Tenderer if it is a company) showing that the authorised person(s) who sign(s) the Offer to be Bound has/have the authority to sign it for and on behalf of the Tenderer.

Note: The Government will not accept the use of a postal box as the Contractor’s correspondence address.

2. Maintenance Services

[Please refer to Paragraph 8 of the Terms of Tender (Supplement) and Clause 9 of the Special Conditions of Contract.]

(a) Information on Service Centre

Address: Phone No./Facsimile No.: E-mail Address: Daily Service Hour: From to

(b) Details of Local Agent (if any)

Name/Address of Local Agent: Phone No./Facsimile No.: Responsibility:

3. Spare Parts and Special Tools

[Please refer to Paragraph 10 of the Terms of Tender (Supplement) and Clause 10 of the Special Conditions of Contract.]

The lead time for ordering spare parts and special tools (from receipt of order to delivery) is:

(a)

for items kept in Hong Kong: days.

(b)

for items kept outside Hong Kong:

days by normal air delivery.

days through air delivery by courier.

4. Payment Discounts

[Please refer to Paragraphs 12(b) and 13(c)(ii)(2) of the Terms of Tender (Supplement).]

The Contractor agrees to grant the following discounts will be allowed on any amount payable under the Contract if payment for Goods/Optional Items is made in full within:

(a)	first 7 working days from the date of receipt of the invoice or from the date of acceptance of the Goods/Optional Items, whichever is the later: % discount.

(b)	8 to 14 working days from the date of receipt of the invoice or from the date of acceptance of the Goods/Optional Items, whichever is the later: % discount.
	Notes:	(i)	A Tenderer is required to ensure that no more than two (2) digits after the decimal place are quoted for the above discounts and any prompt payment discount offered by the Tenderer will not be taken into consideration in the price assessment.
		(ii)	Please insert the word 'NIL' in the spaces provided above if no payment discount is offered.

5. Banking Details

[Please refer to Paragraph 12(c) of the Terms of Tender (Supplement) which is applicable only if the Tenderer is located outside Hong Kong.]

The Contractor agrees that payment shall be made by telegraphic transfer. The payment shall be made to the following bank account:

(a)	Banker’s Name :
(b)	Address :
(c)	Name of Account :
(d)	Account Number :
(e)	Sorting Code :

6. Contract Deposit

[Please refer to Paragraph 15 of the Terms of Tender (Supplement) and Clause 15 of the Special Conditions of Contract.]

I am/We are prepared to pay the Government the Contract Deposit *in cash / *by way of a banker’s guarantee.

Note: * Please delete whichever is not applicable.

7. Information required under Paragraph 24.2 (Government Discretion) of the Terms of Tender (BD-TERMS-1 (December 2015))

*(a) I/We confirm that none of the events as mentioned in Paragraphs 24.2(a) to 24.2(e) of the Terms of Tender (BD-TERMS-1 (December 2015)) has ever occurred within the applicable period.

*(b) I/We confirm that the following event(s) as mentioned in Paragraphs 24.2(a) to 24.2(e) of the Terms of Tender (BD-TERMS-1 (December 2015)) has occurred within the applicable period:

Date	Details of the Event

Note:

* Please delete whichever is not applicable.

Name of Tenderer :

Reply Slip for Site Visit

To: Government Chemist (Attn.:Dr. H.M. XXX )

Facsimile no.: (000) 0000 0000

Tender Ref.: M6600332016

Supply of a Gas Chromatograph with Thermal Energy Analyzer and Nitrogen Phosphorus Detector to the Government Laboratory

I/We would like to attend the site visit as follows:

Date: 6 June 2017

Time: 2:00p.m.

Venue: Product Testing & Dutiable Commodities Section, 3/F, Public Works Central Laboratory Building, Cheung Yip Street,

Kowloon Bay Hong Kong.

Full name of Attendee(s)		Post Title
Mr/Mrs/Miss/Ms
Mr/Mrs/Miss/Ms
Name of Company	:
Signature of Authorised Person	:
Full Name (in block letter)	:
Contact Person/Post Title	:
Telephone No.:	Fax No.:
Mobile Phone No.:	E-mail:

Notes:

(a) Please refer to Paragraph 3(a) of the Notes for Tenderers. Each prospective Tenderer can register no more than two (2) representatives for the site visit. If any Tenderer wishes to bring along additional representatives, it should provide the information in the reply slip for the Government’s consideration.

(b) Please register by 5:00 p.m. on 5 June 2017. Late registration may not be accepted.

Supply of a Gas Chromatograph with Thermal Energy Analyzer and Nitrogen Phosphorus Detector to the Government Laboratory

Guidelines for Training

The Contractor shall provide the training required under the Contract in accordance with the following guidelines:

(a) The training shall be conducted by personnel fully conversant with the operation, design and maintenance of the Goods.

(b) The instructor shall be fully conversant in English, supplemented with Chinese, and all training shall be in English. All documentation, circuit diagrams, software documentation shall be in English.

(c) The time-table and syllabus of the training shall be provided to the Government for approval at least seven (7) working days before commencement of the training.

(d) The objective of the course is to enable the Government staff participants to become fully trained and be equipped with the necessary knowledge and skills to effectively operate and maintain all the Goods (including peripherals such as disc drives etc.) down to component level.

(e) The training shall be conducted at a venue to be designated by the Government.

(f) The training shall include classroom instructions on theory and practical training with actual Goods.

(g) The training shall cover aspects including but not limited to techniques in setting up, calibration, trouble-shooting, fault diagnosis, preventive maintenance and corrective maintenance procedures, use of specialised tools and test instruments. The training shall also include interpretation and explanation of circuit diagram. Simulated fault conditions shall be created during the training in order to provide practical trouble-shooting opportunities for the Government staff participants.

(h) Before commencement of the training, the Contractor shall provide each Government staff participant with one (1) set of training materials such as notes, charts and circuit diagrams.

Form of Banker’s Guarantee for ‌‌‌

the Performance of a Contract

THIS GUARANTEE is made on the ............................ day of .......................................................

BETWEEN ..................................................................……..................................................................

of ................................................................, a bank within the meaning of the Banking Ordinance (Chapter 155 of the Laws of Hong Kong) (hereinafter called the "Guarantor") of the one part and the Government of the Hong Kong Special Administrative Region (hereinafter called the "Government") of the other part.

WHEREAS

(A) By a contract (hereinafter called the "Contract") dated the [day] of [month year] made between «SUPPLIER_NAME» of «SUPPLIER_ADDRESS» (hereinafter called the "Contractor") of the one part and the Government of the other part (designated as Government Laboratory Contract No. «CONTRACT_NUMBER»), the Contractor agreed and undertook to supply a gas chromatograph with thermal energy analyzer and nitrogen phosphorus detector to the Government Laboratory upon the terms and conditions of the Contract.

(B) The Guarantor has agreed to guarantee in the manner and on the terms and conditions hereinafter appearing, the due and faithful performance of the Contract by the Contractor.

Now the Guarantor HEREBY AGREES with the Government as follows:

(1) Where applicable, words and expressions used in this Guarantee shall have the meaning assigned to them under the Contract.

(2) In consideration of the Government entering into the Contract with the Contractor:

(a) The Guarantor hereby irrevocably and unconditionally guarantees the due and punctual performance and discharge by the Contractor of all of his, her and their obligations and liabilities under the Contract and the Guarantor shall pay to the Government on demand and without cavil or argument all monies and discharge all liabilities which are now or at any time hereafter shall become due or owing by the Contractor to or in favour of the Government under or in connection with the Contract together with all costs, charges and expenses on a full indemnity basis which may be incurred by the Government by reason or in consequence of any default on the part of the Contractor in performing or observing any of the obligations terms conditions stipulations or provisions of the Contract.

(b) The Guarantor, as a primary obligor and as a separate and independent obligation and liability from its obligations and liabilities under sub-clause (a) above, irrevocably and unconditionally agrees to indemnify and keep indemnified the Government against and shall pay to the Government on demand and without cavil or argument all losses, damages, costs, charges and expenses on a full indemnity basis suffered or incurred by the Government arising from or in connection with the failure of the Contractor to perform fully or promptly any of his, her or their obligations terms conditions stipulations or provisions of the Contract.

(c) The Guarantor further agrees that all dividends, compositions and payments which the Government may at any time receive from the Contractor or from his, her or their estate or estates, whether in liquidation, bankruptcy or otherwise, in respect of all such losses, damages, costs, charges and expenses shall be taken and applied by the Government as payments in gross, and that this Guarantee shall stand good in respect of the balance to the full amount of .

(3) This Guarantee shall not be affected by any change of name or status in the company, firm or individual described as "the Contractor" or where "the Contractor" is a partnership, any change in the partners or in its constitution.

(4) The Guarantor shall not be discharged or released from this Guarantee by any arrangement made between the Government and the Contractor or by any alteration in the obligations imposed upon the Contractor by the Contract or by any waiver or forbearance granted by the Government to the Contractor as to payment, time, performance or otherwise whether or not such arrangement, alteration, waiver or forbearance may have been or is made or granted with or without knowledge or assent of the Guarantor.

(5) Without prejudice to Clause 4 above, the obligations of the Guarantor under this Guarantee shall remain in full force and effect and shall not be affected or discharged in any way by, and the Guarantor hereby waives notice of or assents to:

(a) any suspension, termination, amendment, variation, novation or supplement of or to the Contract from time to time (including without limitation extension of time for performance);

(b) any provision of the Contract being or becoming illegal, invalid, void, voidable or unenforceable;

(d) any forbearance, variation, extension, discharge, compromise, dealing with exchange, waiver or renewal in respect of any right of action or remedy that the Government may have, now or after the day of this Guarantee, against the Contractor and/or the negligence, failure, omission, indulgence or delay by the Government in enforcing any right, power, privilege to or remedy available to the Government in relation to the obligations of the Contractor set out in the Contract;

(e) the voluntary or involuntary liquidation, bankruptcy, dissolution, sale of assets, receivership, general assignment for benefit of creditors, insolvency, reorganisation arrangement, composition, or other proceedings of or affecting the Contractor or its assets, or any change in the constitution of the Contractor;

(f) any assignment, novation or sub-contracting by the Contractor of any or all of its obligations set out in the Contract;

(g) without prejudice to the generality of the foregoing, any fact or event (whether similar to any of the foregoing or not) which in the absence of this provision would or might constitute or afford a legal or equitable discharge or release of or defence to the Guarantor, other than the express release of its obligations.

(6) This Guarantee shall extend to any variation, novation of or amendment to the Contract and to any agreement supplemental thereto agreed between the Government and the Contractor and for the avoidance of doubt, the Guarantor hereby authorises the Government and the Contractor to make any such amendment, variation, novation or supplemental agreement without its notice or assent.

(7) This Guarantee shall have immediate effect upon execution and is a continuing security. This Guarantee shall cover all of the obligations and liabilities of the Contractor under the Contract and shall remain in full force and effect and irrevocable until:

(a) the date falling three (3) months after the expiry of the Guarantee Period; or

(b) the date on which all the obligations and liabilities of the Contractor under the Contract have been duly carried out, completed and discharged in accordance with the Contract,

whichever is the later.

(8) This Guarantee is in addition to and shall not merge with or otherwise prejudice or affect any contractual or other right or remedy or any guarantee, indemnity, lien, pledge, bill, note, charge or any other security which the Government may at any time hold (collectively "Other Security") and this Guarantee may be enforced by the Government without first having recourse to any of the Other Security or taking any steps or proceedings against the Contractor, and notwithstanding any release, waiver or invalidity of the Other Security.

(9) Any demand, notification or certificate given by the Government specifying amounts due and payable under or in connection with any of the provisions of this Guarantee shall be conclusive and binding on the Guarantor.

(10) The obligations expressed to be undertaken by the Guarantor under this Guarantee are those of primary obligor and not as a surety.

(11) This Guarantee shall be governed by and construed according to the laws for the time being in force in the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong") and the Guarantor agrees to submit to the exclusive jurisdiction of the courts of Hong Kong.

(12) All documents arising out of or in connection with this Guarantee shall be served :

(a) upon the Government, at the Government Laboratory, Supplies Section of Room 623, 0/X, Xx Xxx Xxx Xxxxxxxxxx Xxxxxxx, 00 Xxxxx Xxx Xxxxxx, Xxxxxxxx, Xxxxxxx, Xxxx Xxxx, Government Chemist marked for the attention of Supplies Officer, facsimile number (000) 0000 0000;

(b) upon the Guarantor, at , Hong Kong, marked for the attention of , facsimile number .

(13) Documents to be served under this Guarantee shall be deemed to have been duly served by one party if sent by letter or fax addressed to the other party at the address stated above or to the facsimile number set out above. The documents so served shall be effective (a) on the date of delivery if hand-delivered; (b) on the date of transmission if sent by facsimile; and (c) if despatched by mail (whether registered or not), on the day on which they are tendered for delivery by the postal authority in Hong Kong.

(14) The aggregate amount of the Guarantor's liability under this Guarantee shall not exceed .

(15) The Guarantor hereby acknowledges that

(a) the Guarantor should read and fully understand, with the benefit of independent legal advice if necessary, the terms and conditions of this Guarantee before entering into this Guarantee.; and

(b) no Government officer is authorised to advise on, make representations regarding or amend (other than by a written instrument signed by both the Guarantor and the Government) the terms and conditions of this Guarantee.

IN WITNESS whereof the said Guarantor ....................................... has caused its Common Seal/Seal to be hereunto affixed the day and year first above written.

The [Common Seal/Seal*] of the said	)
Guarantor was hereunto affixed and	)
signed by ........................................... ...........................................................	) )
[Name & Title] duly authorised by its board of directors………………................. …………………………….............	) ) )

@	Signed Sealed and Delivered	)
	for and on behalf of and as	)
	lawful attorney of the Guarantor	)
	under power of attorney dated	)
	.......... and deed of delegation	)
	dated .....................................	)
	by ..........................................	)
	[Name & Title]	)
	and in the presence of ..........	)
	..............................................	)
	[Name & Title]

* Please delete as appropriate

@ See Powers of Attorney Ordinance (Chapter 31 of the Laws of Hong Kong)

Note : When banker’s guarantees are executed under power of attorney, a photocopy of the power of attorney, certified on each page by a Hong Kong solicitor that it is a true and complete copy of the original must be submitted.

GLD(ProD)15(Rev. 11/2014)

Important Note

Checklist for Submission of Tenders to Government Logistics Department (GLD)

Tenderers are requested to go through the entire Tender Document and ensure that all the information and documents required are submitted together with their Tenders in accordance with the tender requirements before the Tender Closing Time.

A summary of the information and documents required is stipulated in Paragraph 16 of the Terms of Tender (Supplement).

Tenderers are reminded to take the following action before submitting their Tenders.

Checklist

Description	Tick and move to the next item
1. Have you provided the price information as required in Section I of Paragraph 1(a) in Schedule A (Price Schedule)?
2. Have you provided the essential particulars of offer in Schedule B (Particulars of Offer)?
3. In the case of Paper-based Tendering, have you signed Part 4 “Offer to be Bound” of the Tender Form (G.F. 230) in its prescribed form?

If a Tenderer fails to submit any of the above information/documents before the Tender Closing Time, its Tender will not be considered further.

This checklist is by no means exhaustive and is provided for Tenderers’ reference only.

It shall not be deemed to form part of the Tender Document.

Nothing in this checklist shall limit the Government’s absolute right to request any other information/documents in connection with or arising out of this Invitation to Tender.

In relation to item 3 above, a Tenderer should note that it must submit a duly signed Part 4 “Offer to be Bound” of the Tender Form (G.F. 230). If a Tenderer provides the necessary details in its own version of “Offer to be Bound”, notwithstanding whether the information is the same as the Tender Form (G.F. 230), its entire Tender will not be considered further.

Guidelines for Electronic Tendering ‌

This tender document identified as M6600332016 consists of the following soft file(s) with a ‘’ in the ‘File Extension’ column and should be opened in the sequence as specified:

Sequence	File Name	File Extension
Sequence	File Name	[.pdf] [For Viewing - See Note (a)]	[.doc] [For Completion of Offer - See Note (b)]
1.	Tender Document		-
2.	Appendix (Contact Details)	-	
3.	Schedule A (Price Schedule)	-	
4.	Schedule B (Particulars of Offer)	-	
5.	Schedule C (Checklist of Compliance)	-	
6.	Schedule D (Information Schedule)	-	
7.	Annex A (Reply Slip for Site Visit)	-	
8.	Annex C (The Form of Banker’s Guarantee)	-	

Notes :	(a)	File with “.pdf” extension is for viewing and should be opened with Acrobat Reader 9 or later version which can be downloaded free of charge from website: xxxx://xxx.xxxxx.xxx .
	(b)	File with “.doc” extension is for completion of offer and should be opened with Microsoft Office Word 2003 or later version for Windows. You may make copies of these files to complete your offer for tender submission through the e-Tender Box, where appropriate.
	(c)	Please complete Schedule A (Price Schedule), Schedule B (Particulars of Offer), Schedule C (Checklist of Compliance), Schedule D (Information Schedule) and Appendix (Contact Details), and send them back together with your tender submission.
	(d)	Please also refer to the user guide of e-Tender Box at the following website: xxxx://xxx.xxxxxx.xxx.xx .



Guidelines for Electronic Tendering Page 1 of 1

Document Metadata

Table of Contents

Contract

Document Metadata

Contract

THE GOVERNMENT OF

THE HONG KONG SPECIAL ADMINISTRATIVE REGION

TENDER FOR THE SUPPLY OF GOODS

LODGING OF TENDER

 或 

 或 

INTERPRETATION

PART 1 — TERMS OF TENDER

PART 2 — GENERAL CONDITIONS OF CONTRACT

PART 3 — SPECIAL CONDITIONS OF CONTRACT

PART 3A — TECHNICAL SPECIFICATIONS

PART 4 — OFFER TO BE BOUND

 or 

PART 5 MEMORANDUM OF ACCEPTANCE

Supply of a Gas Chromatograph with Thermal Energy Analyzer and Nitrogen Phosphorus Detector to the Government Laboratory

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

Supply of a Gas Chromatograph with Thermal Energy Analyzer and Nitrogen Phosphorus Detector to the Government Laboratory

1. Tender Document

2. Tenderers’ Enquiries

3. Site Visit

Supply of a Gas Chromatograph with Thermal Energy Analyzer and Nitrogen Phosphorus Detector to the Government Laboratory

1. Tender Invitation

2. Tender Preparation and Submission

3. Quotation

A Tender with a quotation on delivery terms other than F.I.S./Hong Kong (e.g. F.O.B., C.I.F./Hong Kong) or without the provision of any of the above items or services will not be considered further.

4. Particulars of Offer

A Tenderer shall provide in Schedule B (Particular of Offer) the essential particulars of the Goods offered (i.e. Paragraphs 1(a) to (c)). If a Tenderer fails to submit the above information required together with its Tender before the Tender Closing Time, its Tender will not be considered further.

5. Statement of Compliance

6. Delivery and Installation Schedule

7. Expected Life Span

(c) A Tenderer’s Tender will not be considered further if the expected life span of the Goods offered is less than seven (7) years from the Acceptance Date.

8. Maintenance Requirements

9. Software Upgrade

10. Spare Parts and Special Tools

11. Tenders to Remain Open

Pursuant to Paragraph 4 of the Terms of Tender (BD-TERMS-1 (December 2015)), a Tender submitted in response to this Invitation to Tender shall remain valid and open for acceptance for a period of not less than 150 days after the Tender Closing Time.

12. Payment Terms

13. Tender Evaluation

A Tender will be checked for its compliance with the essential requirements stipulated in the Tender Document. Any Tender which fails to meet any of the essential requirements will not be considered further.

14. Negotiations

15. Contract Deposit

16. Information to be Submitted

If any of the above information/documents is missing in a Tender and is not provided upon any request which may be made pursuant to Paragraph 21 (Request for Information) of the Terms of Tender (BD-TERMS-1 (December 2015)), the Tender will not be considered further.

17. Deletion

Supply of a Gas Chromatograph with Thermal Energy Analyzer and Nitrogen Phosphorus Detector to the Government Laboratory

1. Contract Period

2. Contractor’s Acknowledgement

3. Conduct of the Work

4. Delivery and Installation Requirements

5. Acceptance Tests

6. Training

7. Manuals

8. Licence

9. Maintenance Services

10. Spare Parts and Special Tools

11. Passage and Transport

12. Contractor’s Warranties

13. Remedy on Contractor’s Failure to Perform

14. Payment Terms

15. Contract Deposit

16. Termination of the Contract

17. Consequences of Contract Termination

18. Policy of Insurance and Compensation

19. Technology Substitution

20. Illegal Workers

21. Admission of Contractor’s Personnel to Government Premises

22. Contractors’ Performance Monitoring

23. Deletion

Supply of a Gas Chromatograph with Thermal Energy Analyzer and Nitrogen Phosphorus Detector to the Government Laboratory

5 System Control and Data Handling Unit (Workstation)

1(a) The Contract Price

Section I - Mandatory Item

1(a) The Contract Price (Cont’d)

Section II - Optional Items

Section II - Optional Items (Cont’d)

1(b) Calculation of Contract Price

2 Payment Timetable

1. Particulars of Offer

1. Statement of Compliance

Form of Banker’s Guarantee for ‌‌‌