Market Research Ref.: K22/15-192Appendix A
(Page 1 of 13)
The Government of The Hong Kong Special Administrative Region
(N.B.: This tender is covered by the Agreement on Government Procurement of the World Trade Organization)
Supply of Legal Publications (Other Than Those Published by
Sweet & Maxwell Group & LexisNexis Group)
Terms of Tender (Supplement)
1.Tenderers are requested to note that GLD-TERMS-1 (July 2003) of the Standard Tender Terms and General Conditions of Contract is applicable to this Tender.
2.Quotation
(a)Tenderers are requested to specify their Trade Discount offered in Schedule Aof Appendix B for the duration of the Contract.
(b)Tenderers are requested to quote percentage of Trade Discount offered on the publishers’ listed prices in the Schedule for consideration. Tenderers should note the requirements in Clause 3(a) of the Special Conditions of Contract that all postal, air freightand local delivery charges shall be absorbed by the Contractor.
(c)Tenderer may offer service charge for the publications from publishers which offer no trade discount nor any benefits to them. In such case, Tenderers are required to submit such book lists together with Tender documents for evaluation. However, the Government reserves the right to reject such offer and Tenderer’s attention is also drawn to the requirement of Price List specified in Clause 6(b) of theSpecial Conditions of Contract.
(d)Payment will be made in Hong Kong Dollars as specified by Tenderers and agreed by the Director of Government Logistics. If a publication is published in currency other than Hong Kong currency, the published list price of cost shall be converted into Hong Kong Dollars and the conversion rate of Hong Kong Dollars to the specified currency applicable to this Contract shall be the official opening selling rate quoted by the Hong Kong & Shanghai Banking Corporation Ltd. However, Tenderers must clearly specify the basis for conversion to Hong Kong Dollars for payment and the date at which the conversion rate will apply, i.e.:
(i)Date of order;
(ii)Date of invoice;
(iii)Date of delivery of Goods ex-stock / shipment / postage; or
(iv)Date of payment by the Government.
N.B.Should this date fall on a Sunday or Public Holiday, the exchange rate ruling on the nearest working day preceding this date shall apply.
(e)Unless agreed to the contrary, the conversion rate of Hong Kong Dollars to the specified currency applicable to this Contract shall be the official opening selling rate quoted by the Hong Kong & Shanghai Banking Corporation Ltd. ruling on the date specified in Clause 3(d)(i) above.
(f)The successful Tenderer shall be responsible for obtaining the necessary foreign exchange for the subscription of periodicals.
3.Prices Quoted
Pursuant to Clause 3(b) of the Terms of Tender of GLD-TERMS-1 (July 2003), ANY PRICE VARIATION CLAUSE BASED ON FOREIGN EXCHANGE MARKET FLUCTUATION SHALL NOT BE CONSIDERED.
4.Assessment of Tenders
(a)Tenderers are requested to note that the criteria of assessing the most economical offer are based on the highest trade discount and/or commissions offered on the publishers’ net list prices and also in compliance with the requirements as stipulated in Clause 3 of the Special Conditions of Contract. For price comparison purposes, any prompt payment discount offered by Tenderer in Schedule B will not be taken into consideration in the tender price assessment.
(b)Tenderers are requested to note that this Tender will be considered on an overall basis for Items 1 and 2 in Schedule A. Incomplete offers will not be considered. Item 3 in Schedule A is an optional requirement.
(c)Tenderers are requested to quote a fixed discount only for Items 1 and 2 in Schedule A and this fixed discount apply to all means of delivery. Tenderers with alternative terms of discount other than the fixed discount as specified in Schedule A will not be considered.
(d)For information of Tenderers and for the purpose of price assessment, the estimated 2-year order value is HK$6.06M. Details are as follows :
ADespatch
By Air
HK$ / B
HK
Publications
HK$ / C
For large order
equal to or over
50 copies per text
HK$
1. / Law Books (Including Supplements)
(i) U.K. Publications / 530,695.00 / N.A. / 204,000.00
(ii) H.K. Publications / N.A. / 60,084.00 / N.A.
(iii) Publications other than U.K./H.K / 335,794.00 / N.A. / N.A.
2. / Legal Periodicals/Law Reports/Legal Loose-leaf Publications/Legal Electronic Publications
(i) U.K. Publications / 3,570,275.00 / N.A. / N.A.
(ii) H.K. Publications / N.A. / 122,300.00 / N.A.
(iii) Publications other than U.K./H.K / 1,233,450.00 / N.A. / N.A.
(e)The information in 4(d) above is given for the guidance and assistance for the Tenderers only and is not being a figure to which the Government binds itself to adhere.
5.Trade Reference
Tenderers should note the requirement specified in Clause 11(a) & (b) of the Special Conditions of Contract and are required to provide the names, addresses and fax number of clients to whom they have supplied the legal publications in the past 3 years and who would be prepared to provide reference. Details of the local bookshop should also be provided in the Tender.
6.Cancellation of Tender
The Government will not withhold awarding a contract or cancel a tender unless it is in the public interest to do so.
7. On-line Ordering/Electronic Facilities via Internet
Tenderers are requested to state in whether on-line ordering function and/or electronic facilities via Internet could be provided. In the event that Tenderers could provide such function, Tenderers are requested to list out details in their Tender document.
8.Government Stores and Procurement Regulations
Interested parties may inspect Government Stores and Procurement Regulations concerning government procurement at Government Logistics Department, 9/F., North Point Government Offices, 333 Java Road, North Point, Hong Kong.
9.Tenderer’s Proposal
(a) All terms and conditions in this Tender document are the essential requirements of the Government. Counterproposals will only be considered in exceptional circumstances and on issues of fundamental importance to the Tender. Any counterproposals must be drafted and submitted in the following manner:
(i)The counterproposal must be put under a separate appendix called "Counterproposal to the Tender document".
(ii)The counterproposal must adhere to the format of the Tender document.
(iii)The original version of the relevant provision must be fully recited before any proposed alteration or deletion is made.
(iv)Any alteration to any terms or requirements must be underlined and must bear the corresponding clause number unless it is an addition to the Tender document.
(v)Words to be deleted should be crossed out by a single line only.
(vi)Explanation should be given below any such alteration or deletion and be put in a bracket [ ].
(b)A counterproposal not submitted in accordance with the above requirements will be considered to be general comment only and will not in any way affect the validity of any terms and conditions in this Tender document.
10.Updating and Noting-up Services
(a)Tenderer may at his own option provide updating service to lose-leaf textbooksand noting-up service to law reports supplied to the following library upon despatch of the new issues:
Address / Estimatedno. of loose-leaf books / Estimated
no. of law reports / Estimated
time required / Estimated
frequency in a week
HighCourt Library
LG4, High Court
38, Queensway
Hong Kong / 80 copies / 2 copies / 5 hours
per week / Once in a week
(b)Tenderer is required to indicate whether he/she will or will not provide such optional service in Schedule B.
11.Cost of Tender
Tenderer should submit its tender proposal at its own cost. The Government will not be liable for any costs whatsoever incurred by the Tenderer in connection with the preparation or submission of its tender or in any related communication with the Government, whether before or after the Tender Closing Date.
12.Offer of Products
The Government will not accept any offer of used or refurbished products or equipment.
13.Tenderer's Response to Government Enquiry
In the event that the Government determines that clarification of any tender is necessary, it will advise the Tenderers in writing, indicating whether the Tenderers should supplement their tenders. Each Tenderer shall thereafter have five working days or the period specified in the request for clarification to submit such information in writing in the form requested.
14.Contract Deposit
(a)Should the total value of the Contract awarded exceed HK$1.3 million, the successful Tenderer is required to deposit with the Director of Government Logistics within 21 days from the date of receipt of the advice of the acceptance of its offer, a minimum of 2% of the estimated value of the Contract awarded as a security for the due and faithful performance of the Contract, either in cash or in the form of Banker's Guarantee issued by a bank which holds a valid banking licence granted under the Banking Ordinance (Chapter 155). Tenderers should elect the method it prefers in Schedule D.
(b)Tenderer should note that if payment of the Contract deposit by Banker's Guarantee is preferred, the Banker's Guarantee should be issued to cover the period from the date of Contract up to the satisfactory completion of the Contract for the due fulfilment by the Contractor of all the terms and conditions of the Contract.
(c)In the event that the successful Tenderer fails to elect the method of providing the Contract deposit it prefers, it will be assumed that the successful Tenderer will deposit cash with the Government.
15.Special Packing Requirements
(a)Tenderers are requested to minimize the use of packaging materials.
(b)If the Goods offered are to be packed in carton box. The carton box packaging must be made from 100% recovered fibre# and must be strong enough for storage, stacking and transit. A certificate/declaration for compliance issued by the manufacturer must be submitted with the tender documents for evaluation.
#Definitions/Terms of Fibre
Recovered fibre
It means:
(i)Postconsumer fibre; AND/OR
(ii)Manufacturing wastes such as:
(a)Dry paper and paperboard waste generated after completion of the papermaking process, and
(b)Repulped finished paper and paperboard from obsolete inventories of paper and paperboard manufacturers, merchants, wholesalers, dealers, printers, converters, or others;
AND
(iii)It does not include mill broke.
Postconsumer fibre
(i)Paper, paperboard, and fibrous wastes from retail stores, office buildings, homes, and so forth, after they have passed through end-usage as a consumer item, including: used corrugated boxes, old newspapers, old magazines and mixed waste paper; AND/OR
(ii)All paper, paperboard, and fibrous wastes that enter and are collected from municipal solid waste.
Postconsumer fiber does not include fiber derived from printers’ over-runs, converters’ scrap, and over-issue publications.
Mill Broke
Any paper waste generated in a paper mill prior to completion of the papermaking process. It is usually returned directly to the pulping process. Mill broke is excluded from the definition of ‘recovered fibre’.
16.Environment Friendly Measure
The following environment friendly measures are recommended in the preparation of the tender documents:
(a)All documents should preferably be printed on both sides and on recycled papers. Papers exceeding 80 gsm are not recommended as a general rule.
(b)Excessive use of plastic laminates, glossy covers or double covers should be avoided as far as possible. Use of recyclable non-glossy art board paper as document covers is recommended.
(c)Single line spacing should be used and excessive white space around the borders and in between the paragraphs should be avoided.
17.Environmental Related Regulations/Ordinance
Tenderers are required to disclose past conviction records of any environmental related Regulations/Ordinances in Hong Kong. Tenderers should note that their offers will not be considered if they have more than three serious convictions of environmental related Regulations/Ordinances in the preceding 12 months counting from the Tender Closing Date.
18.Guidance Note for Environmental Management
The Government Logistics Department is committed to implementing an Environmental Management System (EMS) for government procurement, provisioning, inspection, storage and distribution services in accordance with ISO 14001 standard. In this connection, the successful tenderer is requested to minimize the impacts of his activities on the environment and to observe the Guidance Note GN-1 as provided in Annex A.
19.Deletion
For the purpose of this Tender, Clause 3(a) (Tenders to Remain Open), Clause 5(b) (Schedule of Compliance), Clause 10 (Deposit) and Clause 17 (Cancellation of Tender) of Part 1 - Terms of Tender in GLD-TERMS-1 (July 2003) and Para. 3 of Part 4 (Offer to be Bound) in the Tender Form (G.F.230) have been deleted.
Annex A
Guidance Note GN-1For Contractors and Suppliers of
Procurement Division and Supplies Management Division
Government Logistics Department
As part of our efforts to help protect the environment, the Procurement Division and Supplies Management Division of Government Logistics Department have implemented an Environmental Management System in accordance with the ISO 14001 Standard.
In keeping with the intent of the Standard, we adhere to the attached Environmental Policy, and we request you as our contractors or suppliers to minimize the impacts of your activities on the environment and to observe the following requirements in particular:
- Comply with all relevant environmental legal and other requirements.
- Control the use of materials and resources (e.g. electricity, fuel, chemicals, paper, etc.) to minimize their consumption and unnecessary wastage. Use environmental friendly alternatives where possible during their daily operations.
- Store properly all materials/chemicals to prevent any spillage and leakage.
- Minimise the production of solid waste and chemical waste while carrying out any work on any site and on behalf of the HKSAR government.
- Ensure all solid waste is properly handled, stored and disposed of in an efficient and sensitive manner to avoid any spillage and leakage while working on any of government premises. All chemical waste should be handled, stored and disposed of in accordance with legal requirements.
- Maintain regularly all vehicles used for the purpose of conducting business with government, and ensure that noise and air emissions are controlled.
- Minimise all air emissions and noise generation where practicable.
- Ensure all wastewater is discharged in accordance with legal requirements.
- Reuse and recycle waste wherever possible.
Special Conditions of Contract
- Contractual Period
(a)This Tender will be concluded as a supply Contract for a period of twenty-four months commencing from the date of acceptance. The date of acceptance shall be the date referred to in Clause 5(a) of the Terms of Tender in GLD-TERMS-1(July 2003).
(b)The Government shall be entitled to cancel forthwith the purchase of the legal publications for the second year by giving notice to the Contractor. Such notice shall be given within 3 months before the end of the first 12-month period and shall relieve both parties from further performance of this Contract in so far as year 2 requirement is concerned.
2.Probable Requirement
The actual value of legal publications to be ordered against this Contract cannot be provided. It is estimated however that the total value involved in the 24-month period would be HK$6.06 million. This figure is given for guidance only and the Government does not guarantee that orders will be placed up to this value during the contractual period.
3.Delivery
(a)Immediately upon receipt of an order from individual departments of the Government, the Contractor shall undertake to order from publishers for delivery to the department which originates the order, all such legal publications at the agreed contractual rates. All postal, air freight and local delivery charges shall be absorbed by the Contractor.
(b) The Contractor shall undertake to expedite the supply of all issues of legal publications. In any case, the delivery must from the date of receipt of order be completed within 6 weeks by airmail and within 2 weeks for legal publications published/available in Hong Kong.
(c)The Contractor is required to deliver the publications to the designated locations as specified in the orders and unpack all the legal publications for inspection and check-in purpose by the departments.
4.Free Replacement
The Contractor must be responsible for issues lost in transit and supply replacements to the Government at no extra cost.
5.Exception
This Contract shall not preclude the Government from ordering any legal publications from any other publishers or suppliers.
6. Price list
(a)The Contractor may be required to submit a stock list showing the list prices of legal publications published by various publishers at no extra cost. In case of price discrepancies or the prices is not printed on publications, the Contractor is required to provide documentary proof from relevant publishers.
(b)Documentary proof from publishers (e.g. publisher’s invoice) indicating the actual selling price must be submitted together with the invoice by the Contractor for those publications under the list with no trade discount.
7.Order Fulfilment
The Contractor must ensure that the legal publications ordered in series or set are supplied in entirety within the stipulated date. Failing which, the user department reserves the rights to reject the delivery or to cancel the order.
8.Claim
(a)After receiving from the department the claims for missing legal publications, the Contractor will send claims letters to publishers with copies to the department.
(b)The Contractor shall follow through the claims and expedite the supply of the missing items.
(c)Contractor shall make every effort to maintain continuity of supply for serials standing order. In the event the Contractor fails to supply any issue/update of a serial order due to his own fault, he is required to provide substitute at his own cost for the missing part/issue. The substitutes for periodical/journal include arranging approval for photocopying the missing part from other source at the Contractor's effort, or purchasing back issue from back issue sources at the Contractor's expense. As for loose-leaf items, a complete new contents should be supplied at no extra cost if the outstanding issue has already gone out of print.
9. Status/Order Report
(a)The Contractor should send the departments a bi-monthly status report for all outstanding legal publications and subscriptions.
(b)The Contractor should provide with the Government Logistics Department a quarterly order statement showing the following particulars :
(i)Name of requisition Departments;
(ii)Total quantities of publications drawn by each department within the quarter;