tender briefing - education bureau · tender box before the tender closing time • 29.3.2019 12:00...

Tender BriefingProvision of Services for “Professional Study Tours for Teachers under Programme

for Broadening Teachers’ Professional Horizons (2019/20 & 2020/2021)”

12-March-2019

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• Information provided in this PowerPoint is for a Tenderer’s reference only.

• Only parts of the requirements are extracted in this PowerPoint. A Tenderer should refer to the tender documents for full details.

• If there arise any difference in interpretation between this PowerPoint and the terms in the tender documents (Tender Ref.: EDB/PDT (ATE) 42/13), the terms in the tender documents should prevail.

Disclaimer

(1) Points to notes on the tender document

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Tender document

Interpretation

Part 1 - Terms of Tender

Part 2 - Conditions of Contract

Part 3 - Services Specifications

Part 4 - Schedules

Part 5 - Offer to be Bound

Part 6 - Memorandum of Acceptance

Tenderers SHOULD read the tender document carefully

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Key Points RelevantClauses

• Should be thoroughly conversant with all aspects of the tender document

• No excuse from misinterpretation of the tender document

• Actual requirements may vary depending on the actual need

• regarded as having agreed to all terms and conditions set out

• Check the following website from time to timehttps://www.edb.gov.hk/teachers_study_tours/

• Briefing PowerPoint, Q&As, Templates of Schedules

1.5

1.6

1.8

1.9

2.2

p.14 - 15

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https://www.edb.gov.hk/teachers_study_tours/



Tender Submission

• Pay attention to “will not consider”, for example :

Language : either English or Chinese

“Offer to be Bound” should be properly signed

submitted by two or more persons by an unincorporated

association

submitted by joint venture

3.2

3.6

3.10

p.16 - 17

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Tender Submission• may submit any routes and any no. of routes

• If bid for two or more Routes,

• it is advised to submit one tender to cover all such Routes

• If not, each tender must contain all information and documents

3.9

p.16 - 17

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Part 1 - Terms of Tender p.131

• Schedule A

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Part 1 - Terms of TenderKey Points Relevant

Clauses

Tender Closing Time• A Tender must be deposited in the Government Secretariat

Tender Box before the Tender Closing Time

• 29.3.2019 12:00 noon

Tender to Remain Open• Tender Validity Period : not less than 120 days

• If a tender offers a shorter period, we will clarify with the tenderer concerned, and it must confirm compliance with the requirement within 5 days, or the tender will not be considered

• If a tenderer withdraws before the expiry date, may well prejudice its future standing as a Government contractor

3.7

4

p.16 - 17

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Part 1 - Terms of TenderEssential Requirements


Legal Status

The Tenderer shall

1. be a licensed travel agent in Hong Kong, or find licensed travel agent(s) in Hong Kong to be its local partner(s)

2. hold a valid mainland travel agent’s licence, or find travel agent(s) that hold a valid mainland travel agent’s licence to be its mainland partner(s)

• 6.2(a) – (f)

Experience

Tenderers / its local / mainland partners must

1. have organised exchange tours for Hong Kong teachers AND students

2. have experiences in organising exchange tours in the cities the route covered for Hong Kong teachers OR students

• 6.2(g) – (h)

p.18 - 21

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Requirements on Qualification and Experience RelevantSchedule(s)

• be a licensed travel agent in Hong Kong, or find licensed travel agent(s) in Hong Kong to be its local partner(s)

Schedule B (LocalPartner)

• hold a valid mainland travel agent’s licence, or find travel agent(s) that hold a valid mainland travel agent’s licence to be its mainland partner(s)

Schedule C (Mainland Partner)

• have experience during the period from 6 March 2016 to 5 March 2019in organising or implementing the following number of satisfactorily completed Exchange Tours for Hong Kong teachers and students:

(a) TWO 30+ teachers exchange tours AND(b) (TEN 72+ students exchange tours OR

FIVE 72+ & TEN 36+ students exchange tours ORTWENTY 36+ students exchange tours)

Schedule D

• have hands-on experience in organising or implementing not less than 1 satisfactorily completed Mainland exchange tour to the cities at the Route(s) the Tenderer intends to bid during the period from 6 March 2016 to 5 March 2019

Schedule E

p.18 - 21

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p.20

12



Local Partner / Sub-contractors• Tenderer shall submit information and documents relating to

itself, its sub-contractor or local partner referred to 7.1, or 7.2 and 7.3 if the sub-contractor or local partner incorporated outside Hong Kong

• 7.1-7.4

• Schedule F

Counter proposals• No counter proposals of any forms, for examples:

packaged acceptance group basis shorten duration

• 9

Communications with government • shall be in writing by post or facsimile only • 21.2

• Appendix C

p.21 – 23, 28

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Part 1 - Terms of Tender p.141

Submit a separate schedule for each local partner / sub-contractor (if applicable)

• Schedule F

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Personal Data• Shall comply with Personal Data (Privacy) Ordinance when handling

the personal data collected from the Participants and EDB Nominees of the PST.

• 11

Against Collusion

• Must ensure that the Tender is prepared without any agreement, arrangement, communication, understanding, promise or undertaking with any other person

• Shall comply with Competition Ordinance (Chapter 619 of the Laws of Hong Kong)

• 12

• Schedule G

Environmental Protection • Shall minimise the impact of their activities on the environment,

e.g. all documents are recommended to be printed on both sides and on recycled paper

• 14

p.24-26

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ClausesMonitoring of Performance and Inspection

• Contractors’ subsequent performance will be monitored

• … may be taken into account when its future offers for other tenders/quotations exercises are evaluated..

• Government shall be entitled to reject unsatisfactory performance of the Services and withhold payment of the Contract Price until the deficiencies or defects have been rectified by the Contractor.

• Where the Services are carried out on the Contractor’s premises, such premises shall be open to inspection by the Government Representative or EDB Nominee at all reasonable times.

• 17

• Part 2 -clause 10

• Part 2 -clause 13

Clarification and Reply Time

• May request the Tenderer concerned to make the necessary clarification, or submit the required document or information, when necessary.

• Each Tenderer shall thereafter within 5 working days submit such clarification, information or document

• 19

p.26-27, 56-57

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ClausesFinancial Vetting

• If Estimated Total Contract exceeds HK$15 million• Share submit documents, such as audited accounts of the Tenderer, for

vetting. • For details, refer to clause 24.2

• 24

Contract Deposit

• If Estimated Total Contract Value exceeds HK$1.4 million but is less than or equals to HK$15 million,

• the successful Tenderer shall deposit with the Government via the Permanent Secretary for Education, within 21 days from the date of the Letter of Conditional Acceptance, an amount equivalent to 2% of its Estimated Total Contract Value

• If the Estimated Total Contract exceeds HK$15 million,

• If has passed Financial Vetting,

• Contract Deposit = 2% of the Estimated Total Contract Value• If fails

• Contract Deposit = 6% of the Estimated Total Contract Value

• 29

p.31, 36-37

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Tender Evaluation

1. Completeness check

• If fail to submit any of the information/ documents stipulated in para. 33.1, the tender will not be considered further

2. Assessment of compliance with essential requirements

• If fail to meet any of the essential requirements stipulated in para. 6, the tender will not be considered further

3. Price assessment

Normally award the Contract for a Route with the lowest tender price among all the conforming Tenders

• 26

Estimated Route Price =

(Unit Price per Participant × Estimated Maximum Number of Participants)+

(Unit Price per EDB Nominee for the Main-trip × Estimated MaximumNumber of EDB Nominees for the Main-trip )

+(Unit Price per EDB Nominee for the Pre-trip × Estimated MaximumNumber of EDB Nominees for the Pre-trip)

p.34 - 35

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✓

✓


Clauses

Letter of Conditional Acceptance

• The successful Tenderer(s) will receive a “Letter of Conditional Acceptance”

• the Letter of Conditional Acceptance will lapse and be of no further effect if the tenderer fails to

• deliver the Contract Deposit• comply with any other requests specified in the letter

• 28

p.34 - 35

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Part 2 – Conditions of Contract


Contract Period

• Contract shall be effective and commence from the date of the Letter of Conditional Acceptance to the date on which the Contractor has fully discharged all its obligations under the Contract to the satisfaction of the Government

• 1

Variations

• The government may direct the contractor to vary any of the services, including the contract price, depending on the actual demand of each route

• The variation shall be determined in accordance with the rates specified in the price schedule (Schedule A)

• No waiver, cancellation, alteration or amendment of or to the provisions of the Contract shall be valid unless made by an instrument in writing and duly signed by the Contractor and the Government

• 2, 16

p.50, 60

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Part 2 – Conditions of ContractKey Points Relevant

ClausesRescheduling / Cancellation of PSTs

• Red or black rainstorm / Tropical cyclone warning signal no. 8 or above / Flight or high-speed train delay for more than 12 hours / other circumstances

• Protection for the contractors - reimbursement:

• R1, up to 30%; R2-R7 (by plane), up to 20%; R8 – R12, 0%

• For Details, please refer to clauses 6, 7

• 6, 7

Payment of the Contract Price

• Partial payment upon satisfaction of key deliverables and all required services

• Pre-trip – upon satisfactory completion and submission of the enhanced itinerary(ies) of the Route(s) after the Pre-trip;

• 40% of Main-trip - upon completion of the pre-tour briefing

• 60% of Main trip - upon acceptance by Government Representative of the evaluation reports

• 14

p.54 – 55, 57

21 Fair terms

Part 2 – Conditions of ContractKey Points Relevant

Clauses

Intellectual Property Rights

• The Government shall be the exclusive owner of the Materials

• All the Intellectual Property Rights in the Materials shall vest in the Government at the time they are created

• 19

Sexual Conviction Record Check (SCRC)

• shall require its / Local Partner’s employees to:

• declare criminal offence; and

• undergo the SCRC

• 41

Reallocation of Quota

• Maximum number of participants of the route could be increased by the “shortfall” of less popular route, if in the same contract

• 42

p.63, 76-77

Re-allocated Quota =

Shortfall × Unit Price per Participant for the Route which has the Shortfall

Unit Price per Participant for the other Route

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Part 3 – Service SpecificationsKey Points Relevant

Clauses

Accommodation

• Shall have conference room / function room for conducting sharing session(s)

• The hotel selected should be situated in a location with less than 1 hour’s transportation time from the first OR to the last major visiting point of the day

• Part B of Annex I

Flights

• Comply with the requirements set out in the Service Specification

• E.g. direct flight, specified departure time, each flight accommodate at least 40 participants on each journey

• Part B of Annex I

Comprehensive Travel Insurance Policy

• The Contractor shall procure a comprehensive travel insurance policy for each Participant on each PST with, among other things, Programme cancellation coverage of the Unit Price per Participant for each Route

• Annex II

p.122-124, 127

Cost calculation

(2) Tips on submitting Schedules and documents

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Schedule A

25

•Pay attention to the “Field” provided on the templates

Schedule B

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•The name of the local partner should be the same as shown in Schedule C and document proofs

Schedule C

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• The name of the Mainland partner should be the same as shown in Schedule E and document proofs

• Make sure the route number(s) filled in are accurate

• Submit a separate schedule for each mainland partner

Schedule DThe name of Local Partner (if applicable)shall be the same as shown in Schedule B –Undertaking by the Local Partner

The Tenderer should mark on each documentary proof the relevant exchange tour no. to which the documentary proof relates.

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Schedule E

The name of Mainland Partner (if applicable) shall tally with the name shown in Schedule C –Undertaking by the Mainland

The Tenderer should mark on each documentary proof the relevant exchange tour no. to which the documentary proof relates.

The number of students / teachers who had actually participated in the trip must be clearly shown in the documentary proof.

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Some tips• All schedules

• Ensure the accuracy and completeness of documentary proofs

• Pay attention to the “Field” provided on the templates

• The name of the tenderer, local partner (if applicable) and mainland partner (if applicable) should always be consistent

• Schedule C, D, E

• Submit a separate schedule for each mainland partner

• Schedule F

• Submit a separate schedule for each local partner/ sub-contractor

• Pay attention to Clause 33 of Terms of Tender (p. 38-39)

• “Information to be Submitted”

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Tender Closing Date and Time : 29 March 2019 (Friday) at 12:00 noon (Hong Kong time)

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tender briefing - education bureau · tender box before the tender closing time • 29.3.2019 12:00...

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