Contract No. [Insert contract no.

]
Form of Tender [Insert contract title]

{Internal Remark: For Term Contracts using GCC form}

THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

[INSERT PROCURING DEPARTMENT]

CONTRACT NO. [INSERT CONTRACT NO.]

[INSERT CONTRACT TITLE]

FORM OF TENDER

NOTES :

(1) The Appendix forms part of the Contract.

(2) If the tenderer is a limited company (including incorporated joint venture), insert the
information in the spaces provided at Form of Tender – P.3.

(3) If the tenderer is an unincorporated joint venture, insert the information in the spaces provided
at Form of Tender – P.4 to P.5.

(4) If the tenderer is a sole proprietorship or a partnership, insert the information in the spaces
provided at Form of Tender – P.6.

(5) In all cases, insert the number(s) and the expiry date(s) of the business registration
certificate(s) here1:

Name: Name:
Business Registration Business Registration
Number: Number:
Expiry Date: Expiry Date:

Name: Name:
Business Registration Business Registration
Number: Number:
Expiry Date: Expiry Date:

{Internal Remark: Please update the following for submission to a tender board other than the Central
Tender Board}

To : The Chairman,
Central Tender Board,
Lobby of the Public Entrance on the Ground Floor,
East Wing, Central Government Offices,
2 Tim Mei Avenue, Tamar,
Hong Kong

1
If the tenderer is a partnership or an unincorporated joint venture, provide the required information of all partners or all
participants of the unincorporated joint venture.
 Contract No. [Insert contract no.]
Form of Tender [Insert contract title]

FORM OF TENDER – P.2

1. Having inspected the Contract Area, examined the General Conditions of Contract and Special
Conditions of Contract (hereinafter referred to as "the said Conditions"), Drawings,
Specification and Schedule of Rates for the execution of the above-named Works, I/we offer to
provide such articles and to perform such services for the maintaining, repairing and
constructing of such works as may from time to time be demanded and in conformity with the
said Conditions, Drawings, and Specification at the rates given in the Schedule of Rates, subject
to such adjustments as stated in the Contract, for a Contract Period of [XX day]2.

{Internal Remark: Paragraph 2 may be deleted if a security is not required}

2. [ If my/our Tender is accepted I/we will when required

#(a) deposit with the Director of Accounting Services, the Government of the Hong Kong
Special Administrative Region, as security for the due performance of the Contract a
sum of $__________, such deposited sum to be returned to me/us in accordance with
the said Conditions.

#(b) with the approval of the Employer obtain the guarantee of a Bank or Insurance
Company [to be approved by the Employer] to be jointly and severally bound with
me/us in a sum of $__________ for the due performance of the Contract under the
terms of a Bond in accordance with the said Conditions. ]

# NOTE: Tenderer to delete either clause 2(a) or 2(b).

3. I/We agree to abide by this Tender for the period of [90 days]3 from the date, or the extended date
if this has been extended, of expiry fixed for receiving the same and it shall remain binding upon
me/us and may be accepted at any time before the expiration of that period.

4. Unless and until the Articles of Agreement is prepared and executed, this Tender together with the
written acceptance thereof by the Employer subject to the provisions of [clause 3]4 hereof shall
constitute a binding contract between us.

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

2
Contract Period may be measured in days or months according to different departments’ practices.
3
Information to be inserted by the Project Office (normally 90 days).
4
Modify as appropriate.
 Contract No. [Insert contract no.]
Form of Tender [Insert contract title]

FORM OF TENDER – P.3

NOTE: To be inserted in case the tenderer is a limited company

Name ______________________________________________________________________________________________________________________________________________________

Signature _________________________________________________________________________________________________________________________________________________

in the capacity of _____________________________________________________________________________________________________________________________________

duly authorised to sign tenders for and on behalf of (name of the limited company)

________________________________________________________________________________________________________________________________________________________________

Registered address of the limited company

________________________________________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________________________________________

Name of Witness _____________________________________________________________________________________________________________________________________

Signature of Witness ________________________________________________________________________________________________________________________________

Occupation of Witness _____________________________________________________________________________________________________________________________

Address of Witness __________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________________________________________

Date ________________________________________________________________________________________________________________________________________________________
 Contract No. [Insert contract no.]
Form of Tender [Insert contract title]

FORM OF TENDER – P.4

NOTE: To be inserted in case the tenderer is an unincorporated joint venture5

Name _______________________ Name ______________________

Signature _______________________ Signature ______________________

in the capacity of _______________________ in the capacity of ______________________

duly authorised to sign tenders for and on behalf of duly authorised to sign tenders for and on behalf of
(name of the participant of the unincorporated joint (name of the participant of the unincorporated joint
venture) venture)
_________________________________________ __________________________________________

Registered address of the participant of the Registered address of the participant of the
unincorporated joint venture unincorporated joint venture
_________________________________________ __________________________________________
_________________________________________ __________________________________________
_________________________________________ __________________________________________

Name _______________________ Name ______________________

Signature _______________________ Signature ______________________

in the capacity of _______________________ in the capacity of ______________________

duly authorised to sign tenders for and on behalf of duly authorised to sign tenders for and on behalf of
(name of the participant of the unincorporated joint (name of the participant of the unincorporated joint
venture) venture)
_________________________________________ __________________________________________

Registered address of the participant of the Registered address of the participant of the
unincorporated joint venture unincorporated joint venture
_________________________________________ __________________________________________
_________________________________________ __________________________________________
_________________________________________ __________________________________________

5
Insert the information of all participants of the unincorporated joint venture in the spaces provided. In case of more than four
participants, insert an additional page following the above format.
 Contract No. [Insert contract no.]
Form of Tender [Insert contract title]

FORM OF TENDER – P.5

Trading in Hong Kong with a business name of (the name of the unincorporated joint venture)

________________________________________________________________________________________________________________________________________________________________

Correspondence address of the unincorporated joint venture

________________________________________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________________________________________

Name(s)6
of Witness(es) ______________________________________ ______________________________________

Signature(s)
of Witness(es) ______________________________________ ______________________________________

Occupation(s)
of Witness(es) ______________________________________ ______________________________________

Address(es)
of Witness(es) ______________________________________ ______________________________________

______________________________________ ______________________________________

Date ______________________________________ ______________________________________

6
In case more space is required for the information of the witness(es), insert an additional page following the above format.
 Contract No. [Insert contract no.]
Form of Tender [Insert contract title]

FORM OF TENDER – P.6

NOTE: To be inserted if the tenderer is a sole proprietorship or a partnership7

Name __________________________ Name __________________________

Signature __________________________ Signature __________________________

Residential address8 Residential address8

_________________________________________ _________________________________________
_________________________________________ _________________________________________
_________________________________________ _________________________________________

Name __________________________ Name __________________________

Signature __________________________ Signature __________________________

Residential address8 Residential address8

_________________________________________ _________________________________________
_________________________________________ _________________________________________
_________________________________________ _________________________________________

Trading in Hong Kong with a business name of (the name of the sole proprietorship or the partnership)
________________________________________________________________________________________________________________________________________________________________

Correspondence address of the sole proprietorship or the partnership

________________________________________________________________________________________________________________________________________________________________

Name(s)9
of Witness(es) ______________________________________ ______________________________________

Signature(s)
of Witness(es) ______________________________________ ______________________________________

Occupation(s)
of Witness(es) ______________________________________ ______________________________________

Address(es)
of Witness(es) ______________________________________ ______________________________________

______________________________________ ______________________________________

Date ______________________________________ ______________________________________

7
Insert the information of the sole proprietor or all partners of the partnership in the spaces provided. In case of more than four
partners, insert an additional page following the above format.
8
In case a partner of the partnership is a body corporate, its registered address shall be provided instead.
9
In case more space is required for the information of the witness(es), insert an additional page following the above format.
 Contract No. [Insert contract no.]
Form of Tender [Insert contract title]

FORM OF TENDER – P.7

{Internal Remarks: This “Form of Tender – P.7” may be deleted if a security is not required.}

To be inserted by the Engineer before the signing of the Articles of Agreement:

Security Deposit (if any) Receipt No. ________________________________________________________________________________________________________

Amount ___________________________________________________________________________________________________________________________________________________

Date ________________________________________________________________________________________________________________________________________________________
 Contract No. [Insert contract no.]
Form of Tender [Insert contract title]

APPENDIX TO FORM OF TENDER – P. 1

Schedule of Contract Percentages

This Schedule must be completed in accordance with the notes on the following page and submitted with the Tender.

Section No. Item No. Section Adjustment Contract Weighting Value for
of of Percentage Percentage Percentage Factor Tender
Schedule of Schedule of Rates ( whole number ) ( whole number ) Assessment
Rates (%) (%) (%) (%)
(1) (2) (3) (4) (5) (6) (7)
01001 – 01048 0.250
SECTION 01
01049 – 01051 0.015

SECTION 02 02001 – 02026 0.010

SECTION 03 03001 – 03013 0.005

SECTION 04 04001 – 04006 0.010

SECTION 05 05001 – 05119 0.050

SECTION 07 07001 – 07030 0.030

SECTION 08 08001 – 08020 0.005

*PLUS / MINUS
SECTION 09 09001 – 09041 0.020

SECTION 10 10001 – 10021 % 0.010

SECTION 11 11001 – 11047 0.010

SECTION 12 12001 – 12008 (Not applicable 0.020

to Sections 28
SECTION 14 14001 – 14005 and Item 27020) 0.005

SECTION 16 16001 – 16009 0.005

19001 – 19055 0.100
19194 – 19213
SECTION 19 19056 – 19078 0.100

19079 – 19193 0.255

SECTION 22 22001 – 22009 0.010

24001 – 24067 0.020

SECTION 24
24068 – 24091 0.010

SECTION 26 26001 – 26030 0.030

27001 – 27019 0.008

SECTION 27
27020 0 0 0 0.002 0

SECTION 28 28001 – 28010 0 0 0 0.020 0

Total 0
* Delete or modify as appropriate
(The item groupings, limits on Contract Percentages and Weighing Factors are given for illustration purposes. The
Project Office should review and modify in accordance with the nature of the Works as deemed necessary.)
 Contract No. [Insert contract no.]
Form of Tender [Insert contract title]

APPENDIX TO FORM OF TENDER – P. 2

Notes to the Schedule of Contract Percentages

(a) The tenderer shall complete the Schedule of Contract Percentages strictly in accordance with the following
notes.
(b The tenderer shall complete Section Percentages in column (3) in whole numbers. Section Percentages
) should lie within the maximum and minimum limits specified. Each Section Percentage shall not be less
than a minimum of –20 nor greater than a maximum of +70. If a tenderer has inserted Section Percentages
outside the limits stipulated, inserted percentages lower than the minimum limit will be corrected to the
minimum limit –20 while inserted percentages higher than the maximum limit will be corrected to the
maximum limit +70. If a tenderer has failed to insert any Section Percentage, the Section Percentage will be
corrected to zero. Each value (except the value zero) entered shall be preceded with “+” sign to represent
positive value or “-” sign to represent negative value. If neither “+” nor “-” is added to a non-zero number,
the value shall be corrected as a positive number.
(c) The tenderer shall insert an Adjustment Percentage in whole number in column (4) and delete the word
“PLUS” or “MINUS” whichever is inapplicable. The tenderer shall not precede the entered number with
“+” sign or “-” sign. If such “+”or “-” sign is added, it will be disregarded. If a tenderer has failed to insert
the Adjustment Percentage or has failed to delete either of the words “PLUS” or “MINUS” marked against
the Adjustment Percentage or has deleted both the words “PLUS” and “MINUS” marked against the
Adjustment Percentage, the Adjustment Percentage will be ascertained by back calculation using the
equation stipulated in Note (d). If the Adjustment Percentage cannot be so determined with certainty, it shall
be corrected to zero.
(d The tenderer shall calculate the Contract Percentages and insert the values in column (5) using the following
) formula and rounding to the nearest whole number, e.g. +10.49 shall be rounded down to +10; +10.50 shall
be rounded up to +11.

Contract Percentage =
( Section Percentage )
100 + The corresponding × (100 + Adjustment Percentage)
– 100
100
(e) The tenderer shall complete the values in column (7) which shall be equal to the values in column (5)
multiplied by the corresponding values in column (6).
(f) The Total of Values for Tender Assessment is to be the summation of the values in column (7).
(g If a tenderer has inserted any Section Percentage, Adjustment Percentage or Contract Percentage not in
) whole number, the relevant Section Percentage, Adjustment Percentage or Contract Percentage shall be
corrected by rounding to the nearest whole number, e.g. +10.49 shall be rounded down to +10; +10.50 shall
be rounded up to +11. If any mistakes are found in the Contract Percentages, Values for Tender Assessment
or the Total of the Values for Tender Assessment, correction will be made to these Contract Percentages,
Values for Tender Assessment or the Total of the Values for Tender Assessment as the case may be to bring
them strictly in accordance with the above notes. If a tenderer has amended the Section Percentage,
Adjustment Percentage or Contract Percentage which are fixed values, the amendment(s) will be
disregarded.
(h The Section Percentage and Adjustment Percentage applicable to the Schedule of Rates of Section 28 on
) Site Safety and Item 27020 are fixed at 0% and hence the Contract Percentage for Section 28 is also fixed at
0%. Tenderers shall not amend the Section Percentage, Adjustment Percentage and Contract Percentage for
Section 28 and Item 27020.
(i) The weighting factors given are to be used for tender assessment purpose only, and they do not indicate the
extent of the work. The Employer does not give any representation, warranty or guarantee that the
weighting factors or any part thereof bears any relation to the actual proportion of any item of work to the
Whole of the Works.
 Contract No. [Insert contract no.]
Form of Tender [Insert contract title]

(j) Contract Rate (100 + the relevant Contract Percentage)

= Rate of the item of work ×
of an item of work in the Schedule of Rates 100
(k
All values in columns (3), (4), (6) and (7) are for tender assessment purpose only.
)
 Contract No. [Insert contract no.]
Form of Tender [Insert contract title]

APPENDIX TO FORM OF TENDER – P. 3

General Conditions of Contract for Term Contracts for @Civil Engineering Works, 2002 Edition
{Internal Remark @: Modify as appropriate depending on the type of GCC form adopted}

Clause No.

1(1) Contract Period ......... days

1(1) Maintenance Period for:-

(i) Works other than Establishment Works for each Works Order ......... months
(ii) Establishment Works for each Works Order ......... day

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

The Engineer# is required under the terms of his appointment by the Employer to obtain confirmation
of no objection from the Employer and, in the event of an objection, to act in accordance with the
Employer’s direction before ordering any variation to the Works or taking any other action (including
without limitation making an order under Clause 56 of the General Conditions of Contract) which
may commit the Employer to additional expenditure under the Contract, other than in respect of
claims, of a value estimated to exceed HK$800,000. This requirement shall not be applicable where
the variation order or other action is considered by the Engineer# to be essential on grounds of safety
or other emergency in circumstances when it is impracticable to refer the matter to the Employer
beforehand.

The Engineer# may, subject to any prior contrary instructions given by the Employer to the Engineer#,
order variation to the Works in accordance with the provisions of the Contract or take any other action
(including without limitation making an order under General Conditions of Contract Clause 56)
which may commit the Employer to additional expenditure under the Contract, other than in respect
of claims, without the need to obtain confirmation of no objection from the Employer if the value of
such order or commitment is estimated not to exceed HK$800,000.
1
[The Engineer# is required under the terms of his appointment 2 by the Employer to obtain
confirmation of no objection from the Employer and, in the event of an objection, to act in accordance
with the Employer’s direction before permitting the Contractor to introduce an extra tier of sub-
contracting in accordance with sub-clause (5) of SCC[X3].]
4
[The *Engineer# is required under the terms of his appointment 2 by the Employer to obtain
confirmation of no objection from the Employer and, in the event of an objection, to act in accordance
with the Employer’s direction before approving alternative disposal grounds proposed by the
Contractor in accordance with sub-clause (3) of PS[X5].]
6
[The *Engineer# is required under the terms of his appointment 2 by the Employer to obtain
confirmation of no objection from the Employer and, in the event of an objection, to act in accordance
with the Employer’s direction before ordering landslide-related emergency works under exceptional
circumstances in accordance with SCC[X7].]
{Internal Remarks:
# Modify as appropriate depending on the type of GCC form adopted - the Engineer /
Maintenance Surveyor / Supervising Officer. }

*12 Amount of bond or cash security (if required) $ ...............

49(1) Mobilisation period, from date of commencement stated in the ......... days
Works Order unless otherwise stated in the
Contract No. [Insert contract no.]
Form of Tender [Insert contract title]

Words Order
 Contract No. [Insert contract no.]
Form of Tender [Insert contract title]

APPENDIX TO FORM OF TENDER – P. 4

54(2) Liquidated damages for each Works Order shall be calculated in accordance with the following
formula:

(formula to calculate the liquidated damages to be inserted by the project office)8

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

79(2)(a) Limit of interim payment for any one Works Order ......... %

79(2)(c) Minimum amount of interim payment for:

(i) Each Works Order (except Works Order for Establishment Works) $ ...............
(ii) Works Order for Establishment Works only $ ...............

Special Conditions of Contract

Clause No.

*SCC__ Minimum amount of third party insurance $ ...............

*SCC__ Period for Establishment Works ......... months

The following 2 entries shall be added where the existing trees that are to be
preserved and protected include Old and Valuable Trees from the register at
the website: http://www.greening.gov.hk/ovt/default.aspx. Further details on
the registration procedures and special protection measures required are
given in DEVB TCW No. 5/2020.

*SCC__ Sum9 payable to the Employer in the event that Old and Valuable Tree No. __ $ ...............
dies or becomes moribund

*SCC__ Period for Aftercare to Old and Valuable Trees (*Tree/Trees No. __)10 ......... months

Maintenance Period for Aftercare to Old and Valuable Trees10 ......... months

Note: The estimated total expenditure on this Contract is about ………… million dollars. The estimated
total expenditure on the Contract is given for information only. The Employer does not give any
representation, warranty or guarantee that the actual expenditure on the Contract will not differ,
whether substantially or otherwise, from the estimated total expenditure on the Contract
 Contract No. [Insert contract no.]
Form of Tender [Insert contract title]

{Internal Remark: The following are internal notes for APPENDIX TO FORM OF TENDER}

* Delete or modify as appropriate

1. This paragraph is applicable to all public works contracts. Please refer to SDEV’s memos ref. (027RU-01-
3) in DEVB(W) 510/17/01 dated 16.7.2010, ref. DEVB(W) 510/17/01 dated 6.9.2013 and ref. DEVB(W)
510/94/02 dated 28.3.2019, 11.8.2020 and 4.12.2020.

2. Where the Engineer / Maintenance Surveyor / Supervising Officer is a consultant, works departments
should take steps to ensure that the constraint is stipulated in the relevant consultancy agreement.

3. To insert relevant clause number for the SCC clause on Limiting the Tiers of Sub-contracting.

4. This paragraph is applicable to all public works contracts, including capital works contracts and term
contracts. Please refer to the revised trip ticket system as promulgated in DEVB TCW No. 6/2010.

5. To insert relevant clause number for the PS clause on Trip Ticket System.

6. This paragraph is applicable to maintenance/term contracts if the SCC clause on “Landslide-related

emergency works under exceptional circumstances” is used in this contract.

7. To insert relevant clause number for the SCC clause on Landslide-related Emergency Works under
Exceptional Circumstances.

8. Project office shall refer to the guidelines given in ETWB TCW No. 4/2003 for the formula used to
calculate the Liquidated damages for each Works Order.

9. Separate sum shall be applied to each tree if more than one Old and Valuable Tree is involved. The sum
for each Old and Valuable Tree shall be the genuine pre-tender estimate of the cost that the Employer has
expended in nurturing, preservation, protection and maintenance of that particular tree.

10. The Period for Aftercare to Old and Valuable Trees together with its subsequent Maintenance Period
should preferably end on the same date as the Maintenance Period for the Works, or if there is more than
one Maintenance Period, on the same date as the last Maintenance Period.