Hong Kong Science and Technology Parks Corporation · Biodegradable Single Use of Takeaway Food...

Biodegradable Single Use of Takeaway Food Service Ware RFP/2020/GT/102

Page 1 of 31 Prepared by Smart Campus Platform

Hong Kong Science and

Technology Parks Corporation

REQUEST FOR PROPOSAL

ON

Provision of Biodegradable Single Use of Takeaway

Food Service Ware

(Ref: RFP/2020/GT/102)



Table of Contents

1. Introduction ................................................................................................................... 3

2. Background .................................................................................................................... 3

3. Specification ................................................................................................................... 3

4. Business Arrangement ................................................................................................... 7

5. Submission of RFP .......................................................................................................... 8

6. Evaluation Criteria ........................................................................................................ 10

7. Price Proposal - Price Table Template ......................................................................... 11

8. General Conditions of RFP ........................................................................................... 14

9. Purchase Order Terms & Conditions............................................................................ 17

Appendix 1 .............................................................................................................................. 18

Appendix 2 .............................................................................................................................. 19

Annex 1 … ................................................................................................................................. 30



1. Introduction

The Hong Kong Science and Technology Parks Corporation (“HKSTP”) would like to solicit proposals from vendors

for provision of Biodegradable Single Use of Takeaway Food Service Ware (hereafter referred to as “BSU Wares”)

as shown in Table 1 for a contract period of twenty-four (24) months. The provision of BSU Wares will have to be

fulfilled in accordance with the specifications, terms, and conditions stipulated in this Request for Proposal (“RFP”).

A tenderer is expected to accomplish all the requirements in the specifications, terms and conditions stipulated in

this RFP.

2. Background

Most of retail, food and beverage operators (“RFB Operators”) inside Science Park are using conventional plastic

take-away utensils. In order to help promote and maintain a green and sustainable environment, HKSTP would

like to minimize the use of plastics for single-use takeaway utensils and wares in the Science Park and replace them

with BSU Wares.

3. Specifications The BSU Wares MUST meet or exceed the criteria and specifications set out in this Section of the RFP.

A. Products :

1. To-go packaging (i.e.: boxes, clamshells boxes, bowls, cup, cutlery and containers with separate lids)

2. Type of product range and estimated quantity to be provided and supported by the tenderer:

Item Type of product range required to be

provided

Estimated quantity required to be

provided per month

Bowl 12 oz & below

13-23 oz

24 oz & above

Around 25,000 pcs all together

Meal Box 600 ml & below

601 – 650 ml

651 – 800 ml

801 ml & above

1,000 ml with 2 compartments


Cup (w/lid) 8 oz & below

9-12 oz

13 oz & above


Cutlery Knife

Spoon

Fork

Around 36,000 pcs per each item

Table 1



3. A pressed/engraved logo or logo printed by eco-friendly ink (for HKSTP only – to be confirmed) will be

required on all products in the proposal which should be easily differentiated from other general utensils.

4. All products with the specified logo cannot be offered for caterers outside Science Park within the

contract period.

5. Provide a monthly product ordering statement or record with detailed breakdown. In monthly basis.

6. At least 6% of buffer for the estimated quantity required to be provided per month.

B. Mandatory Criteria :

a) The product must be manufactured in compliance with all applicable laws and regulations.

Documentation Required: In order for the BSU Wares to be considered acceptable for the purposes of this RFP,

a tenderer must submit a written declaration stating that the product offered is manufactured in a facility that

complies with all applicable laws and regulations. The declaration must be written, signed, and dated on the

letterhead of the tenderer or the manufacturer from whom the BSU Wares are sourced and must declare and

state that: (i) the tenderer/ manufacturer have had no violations of any such applicable laws and regulations

in the last three (3) years or that if they have had such violations they have been rectified; and (ii) if the

tenderer/manufacturer is currently under investigation for alleged violation(s) of any such applicable laws and

regulations, to provide full, accurate, complete and up-to-date disclosure and details of such investigation(s).

b) All products must be compliant with U.S. Food and Drug Administration (“FDA”) requirements for its

intended use as a component of packaging for direct contact with food.

Documents required:

Relevant certifications issued by recognized testing laboratories; or

The tenderer must submit a formal declaration stating that the BSU Wares are compliant with FDA

requirements for its intended use as a component of packaging for direct contact with food. The

declaration must be written, signed, and dated on the letterhead of the tenderer or the manufacturer

from whom the BSU Wares are sourced.

c) All BSU Wares supplied by a tenderer under this RFP must contain 100% bio-based carbon content.

Bio-based carbon content is the amount of bio-based carbon as a percent weight of the total amount of carbon

in the product. Biobased carbon content is determined by testing compostable products using the ASTM

Method D6866.



Documentation Required: The tenderer must provide documentation demonstrating that the bio-based

carbon content of the BSU Ware product it proposes to supply under this RFP meet the above specifications

by being compliant with one or more of the following standards (or any equivalent)::

ASTM Standard D6866: independent laboratory analysis verifying that the product meets the

minimum biobased carbon content required.

USDA’s BioPreferred Program – Biobased Label certification

product’s biobased content is listed on the label.

Vinçotte’s OK Biobased Program: (see http://www.okcompost.be) non-cutlery

products should have a 4-star label. Tenderers must supply Vinçotte certification

demonstrating the exact biobased content of the product since the star ratings are

not completely indicative of the product’s biobased content.

Exception:

BSU Ware products made of 100% UNCOATED wood, bamboo, paper or other obviously fibre-based

material will be deemed as meeting the aforementioned bio-based content requirements but

tenderer must submit samples of the same for HKSTP to verify and assess.

d) The BSU Ware Product MUST NOT contain fluorine or fluorinated compounds.

Documentation Required:

The tenderer must submit a formal declaration stating that no added fluorine or fluorinated

compounds are added to the BSU Ware product it is offering. The declaration must be written, signed,

and dated on the letterhead of the tenderer or of the manufacturer from whom the BSU Wares are

sourced.

If any BSU Ware product is fiber-based (including paper): the tenderer must identify the type of grease

barrier or coating used on the product

e) BSU Ware Product is certified as commercially compostable.

Any BSU Ware product supplied under this RFP by a tenderer must be certified by at least one of the following

recognized organizations/institutions as having met the any of the following standards (or any equivalent

standards):

ASTM D6400: Standard Specification for Compostable Plastics (www.astm.org/Standards/D6400.htm)

ASTM D6868: Standard Specification for Biodegradable Plastics Used as Coatings on Paper and Other

Compostable Substrates (www.astm.org/Standards/D6868.htm)

http://www.astm.org/Standards/D6400.htm



DIN EN 13432: Requirements for Packaging Recoverable Through Composting and Biodegradation –

Test Scheme and Evaluation Criteria for Final Acceptance of Packaging

AS 4736: Biodegradable plastics - Biodegradable plastics suitable for composting and other microbial

treatment

International Organization for Standardization (ISO) 17088: Specification for Compostable Plastics

(www.iso.org/iso/catalogue_detail.htm?csnumber=43373)

Documentation Required: The tenderer must provide documentation demonstrating that the BSU Ware

product it proposes to supply to HKSTP is certified as compostable in a commercial facility.

Exception:

If the proposed BSU Ware product is made of uncoated wood, bamboo or another obviously plant-based

material, it will be deemed as having met this mandatory requirement. The tenderer must, however,

disclose the material type of the product it is offering.

f) The BSU Ware product supplied is compostable in a “home/backyard” composting system.

The products are compostable in a home/backyard or on-site composting system.

The product must be certified by a third party as complying with the following

standard or its equivalent:

Documentation Required: Vinçotte’s OK Compost HOME certification or equivalent.

Exception:

If the product is made of uncoated wood, bamboo or another obviously plant-based material, it shall be

deemed as having met this mandatory requirement. The tenderer must, however, disclose the material

type of the product it is offering.

g) At least 5 samples of the BSU Ware product being offered under this RFP must be submitted by a tenderer

for performance testing. All BSU Ware products submitted by a tenderer under this RFP must be able to

tolerate a temperature ranging from 4 to 130o C without melting.

C. Additional Desirable Criteria :

a) Unique and exclusive design.

Tenderers are encouraged to propose unique designs with special shape, color, etc. for the BSU Wares that

will be offered exclusively to HKSTP’s RFB Operators. The design should be easily recognized and easily

differentiated from other general utensils.



A maximum 5 points will be given to any tenderer that is able to offer exclusive designs for HKSTP.

b) Reducing carbon footprint. Tenderers are encouraged to reduce carbon footprint arising from

transportation by offering BSU Ware products and/or the biobased feedstock required to manufacture such

products, by having manufacturing carried out or primarily carried out in Hong Kong.

A tenderer meeting this criteria will receive:

2.5 points for documentation that identifies the finished product was made in Hong Kong.

2.5 points for documentation that the feedstock is sourced from Hong Kong

Documentation Required: To receive these points, the tenderer must identify where the feedstock and /or

product was produced by providing a letter on the manufacturer’s letterhead and is written, signed, and

dated by the manufacturer.

c) The product is biodegradable in an aquatic environment.

Tenderers are encouraged to offer bio-based BSU Wares that are biodegradable in marine or freshwater

environments.

Documentation Required: A tenderer will receive 5 points if it provides documentation verifying that the

product meets one of the following or equivalent standards:

ASTM D7081, Standard Specification for Non-Floating Biodegradable

Plastics in the Marine Environment

(http://www.astm.org/Standards/D7081.htm)

Holds a current “OK Biodegradable WATER” certification from Vinçotte

(www.okcompost.be/en/recognising-ok-environment-logos/ok-biodegradable-soil-amp-ok-

biodegradable-water).

Automatic full points: Uncoated paper products will automatically qualify for these points.

4. Business Arrangement

The selected tenderer will be awarded a contract to provide the BSU Wares for a period of twenty-four (24)

months. The tenderer should have adequate production capacity that can meet the quantity demands mentioned

in Table 1 above under Section 3 within the contract period. The tenderer should reserve surplus capacity to

provide at least an additional 30% in quantity to meet sudden surge in requests from RFB Operators with a 2-week

delivery lead time. HKSTP has the right to terminate the contract if the tenderer fails to meet the requirement as

stated in Section 3 – Specification, Part A - Products-Item2.

http://www.astm.org/Standards/D7081.htmhttp://www.okcompost.be/en/recognising-ok-environment-logos/ok-biodegradable-soil-amp-ok-biodegradable-water/http://www.okcompost.be/en/recognising-ok-environment-logos/ok-biodegradable-soil-amp-ok-biodegradable-water/



The selected tenderer will be classified as the “Appointed Supplier” for provision of BSU Wares in Science Park

(hereafter referred to as the “Appointed Supplier”). RFB Operators will place all orders to purchase BSU Wares

directly from the Appointed Supplier during the contract period referred to above.

As the Appointed Supplier, the selected tenderer will be required to submit a report on a monthly basis to HKSTP

that will list out in full the BSU Ware product-type that is ordered and the corresponding quantity that has been

ordered by each RFB Operator in Science Park during that preceding calendar month As the Appointed Supplier,

the selected tenderer should alert HKSTP if any RFB operator places an “out-of-the-ordinary” order for a quantity

of 20% or more than the average monthly purchase of the RFB operator in question. As the Appointed Supplier,

the selected tenderer should issue official receipts to RFB Operators with item no., quantity and price and give full

support and cooperation with HKSTP on any investigation that HKSTP may conduct from time to time as it sees fit

for audit purposes.

5. Submission of RFP

Tenderer should submit the proposal online via HKSTP’s TENDER Website at https://tender.hkstp.org/

The proposal submitted in response to this RFP shall include a technical proposal, a table of compliance (showing

which of the mandatory criteria stated in Section of the RFP that the tenderer meets) and a price proposal.

Guidelines for submitting the Technical Proposal

The Technical Proposal should include, but is not limited to, the information requested in the requirements as

stipulated in this RFP.

The technical proposal should NOT include any pricing information. HKSTP reserves the right to disqualify any

tenderer who have include price information in the technical proposal or fail to comply with the project

requirements.

Technical Proposal

The response to this RFP shall include a technical proposal for the proposed products details with the

corresponding project requirement and compliance. Technical Proposal (without price information) shall include

at least the following:-

1. Company Profile – company size, organization, office/factory location

2. Products Design (Cosmetic and Functional)

3. Comply with specification: -

a) Mandatory Criteria (Appendix 1 – Compliance Checklist);

optional: b) Additional Desirable Criteria

4. Overall Plan On the following:–

https://tender.hkstp.org/



a) Delivery Lead Time

b) Production Capacity

Guidelines for submitting the Price Proposal

The Price Proposal must be submitted in accordance with the requirements set out in Section 7 of this RFP - Price

Proposal - Price Table Template, and duly signed by the authorized representative of the tenderer accompanied

by a company chop, together with any optional proposed items. Price proposal shall be submitted with

breakdown and 1 copy of Non-collusive Tendering Certificate, duly signed by the authorized representative of the

tenderer accompanied by a company chop (Annex 1).

Closing Date:

Tenderer should submit the proposal through HKSTP e-tender system https://tender.hkstp.org/ on or before

3:00PM of 7th Sept, 2020. No late submission will be accepted.

Samples mentioned in Section 3 – Specification Part item g with clear labelling (e.g. tenderer name, volume, etc.)

must be delivered to the following address for performance testing on or before 3:00PM 7th Sept, 2020. No sample will be returned after the submission.

Mr. YK SHUM

Smart Campus

5/F, Building 5E, Science Park, Shatin

Tel: 2629 6673

Tenderer should, from time to time before the submission deadline, visit our HKSTP TENDER website

https://tender.hkstp.org/ to see if there is any addendum to this RFP.

Proposal Presentation:

All responders will be invited to present their proposals on 17th September, 2020 Thursday (tentatively) at

the Head office of HKSTP. The details of the arrangement will be sent to Tenderers upon confirmation.

Each Tenderer will be given 15 minutes to present and 10 minutes for Q&A. If you do not wish to join the

presentation, please notify in your submission of proposal. Evaluation will thereby be entirely made based on

the content of the proposal

Enquiries:

All enquiries should be submitted in writing at least seven days before the closing date on the tendering

system ( https://tender.hkstp.org/ ).

Mr. YK SHUM

Email: [email protected]

Tel: 2629 6673

https://tender.hkstp.org/https://tender.hkstp.org/https://tender.hkstp.org/



6. Evaluation Criteria

The tenderer must meet all of the Mandatory Criteria stated in Section 3 – Specification Part B. HKSTP will not

proceed for further assessment once the tenderer fails in any mentioned criteria. The assessment will then be

based on both technical and price element. Tenderer acknowledges that HKSTP has sole discretion whether or

not to accept any or all of tenderer’s proposal irrespective of its prices or technical approach.

Evaluation and Award Process

HKSTP will assess the proposal on a set of pre-determined criteria. The assessment of proposal is 70% based on

technical assessment and 30% based on price element. The technical assessment will include the following areas:-

Technical (70%) 1. Company profile – company size, organization 15% 2. Product Design a) Cosmetic b) Functional

50%

3. Comply with additional desirable criteria 15%

4. Overall Plan a) Delivery schedule b) Production Capacity

20%

Price (30%) Price with detail cost breakdown

100%

An assessment panel will evaluate all returned RFP passed the Mandatory Criteria stated in Section 3 –

Specification Part B. The bid proposal must meet all mandatory criteria and achieve required minimum technical

score (60% out of 100% in technical Assessment) before continuing for consideration.

Tender presentation will be scheduled for HKSTP assessment. In such case, the key project team members who

would engage in this project should attend the presentation and provide briefings on the proposed design,

services, staff experience and implementation plan for this project.

Score Calculation Methodology

Tenderer Technical Score = (Tenderer Point Score / Highest Point Score) x 70%

Tenderer Price Score = (Lowest Price / Tenderer Price) x 30%

Overall Tenderer Score = Tenderer Technical Score + Tenderer Price Score



Tenderer price will be calculated using the HKSTP supplied price table (Section 7 of this RFP). The price is for

assessment purpose and does not equal to the eventual contract price. The selected tenderer usually would be

the one with the highest overall score.

7. Price Proposal - Price Table Template

RFP – Provision of Biodegradable Single Use of Takeaway Food Service Ware

(Ref: RFP/2020/GT/102)

Please complete the below Price Proposal Table in detail.

Item Bowl (w/ lid)

Est. Qty

(per

month)

(a)

Unit Cost (HKD) (b)

Remark: List out the Cost per every six (6) months

Est. Total Cost Per Year (HKD)

(c )= (a) x (b) x6

Remark: List out the Cost per every six (6)

months

PAR

T A

Type of Product

Range

Qty 1st Six month

2nd Six

month

3rd Six

month

4th Six

month

1st Six

month 2nd Six

month 3rd Six

month 4th Six

month

12 oz & below 8,000

13-23 oz 13,200

24 oz & above 3,800

Total for Part A (in HKD)

Item Meal Box (w/ lid)

Est. Qty

(per

month)

(a)

Unit Cost (HKD) (b) Remark: List out the Cost per every six (6) months

Est. Total Cost Per Year (HKD) (c )= (a) x (b) x6 Remark: List out the Cost per every six (6) months

PAR

T B

Type of Product

Range

Qty 1st Six month

2nd Six

month

3rd Six

month

4th Six

month

1st Six

month 2nd Six

month 3rd Six

month 4th Six

month

600 ml & below 4,000

601 – 650 ml 11000

651 – 800 ml 5,500



Remark:

801 & above 4,000

1000ml with

two

compartments

500

Total for Part B (in HKD)

Item Cup (w/lid) Est. Qty

(per

month)

(a)

Unit Cost (HKD) (b)



(c )= (a) x (b) x6


months

Part

C

Type of Product

Range

Qty 1st Six month

2nd Six

month 3rd Six

month 4th Six

month 1st Six

month 2nd Six

month 3rd Six

month 4th Six

month

8 oz & below 20000

9-12 oz 22000

13 oz & above 8000

Total for Part C (in HKD)

Item Cutlery Package Est. Qty

(per

month)

(a)

Unit Cost (HKD) (b)



(c )= (a) x (b) x6


months

Part

D

Type of Product

Range

Qty 1st Six month

2nd Six

month 3rd Six

month 4th Six

month 1st Six

month 2nd Six

month 3rd Six

month 4th Six

month

Fork 36000

Spoon 36000

Knife 36000

Total for Part D (in HKD)

Total for Part A + Part B + Part C +

Part D (in HKD)



- Actual requirements shall be expressly stated in the Purchase Order which may be issued by HKSTP as and when

required. HKSTP will not bind itself to order any quantity of any item or any item above.

- Unit price of each item shall remain fixed during the contract period and the extended period (if any).

- HKSTP does not commit to ordering any quantity of any item.

- HKSTP reserves the right to change the items but the above Price Proposal Table should remain valid during the entire

twenty-four (24) month contract term.

- Tenderers are required to follow the format and provide all the required information as set out in this Price Table

Template, without adding to, modifying, or deleting any part of this Price Table Template unless expressly stated for

tenderer to provide additional information. Any tenderer who fails to follow the format of this Price Table Template

may be disqualified and will not be further assessed.

Tenderer should provide detailed breakdown on separate sheet. Various product sizes can be proposed in each Type

of Product Range but the same cost should be applicable to all product sizes under the same Type of Product Range.

We offer to provide the above Goods and/or Services to HKSTP’s RFB Operators at the prices quoted in accordance

with the requirements and the terms and conditions stated in this Request for Proposal. We acknowledge and accept

that the prices submitted above shall only be deemed as accepted by The Hong Kong Science and Technology Parks

Corporation (“HKSTP”) if we are selected by HKSTP as the winning tenderer for this Request for Proposal.

Authorized Signature with Company Chop: ________________________

Name:_________________________

(in block letters)

Title:__________________________

Date:__________________________



8. General Conditions of RFP

Acceptance / Rejection of Proposal

Any response to this RFP submitted by a tenderer represents a firm offer to contract on the terms and conditions

described in this RFP.

HKSTP will evaluate each proposal in strict confidence. Tenderer acknowledges that HKSTP may elect at its sole

option to accept all or any item or items of the tenderer’s offer and that HKSTP has sole discretion whether or not

to accept any of the tenderer’s proposals or quotation irrespective to its prices. If a quote is submitted on the basis

of an overall acceptance of all the services offered, this must be clearly stated in the Price Table. HKSTP reserves

the right to negotiate with any tenderer about tender offer.

It should be noted that HKSTP is not, under any circumstances, liable or responsible for any costs that are incurred

by tenderer for the preparation of its submission in response to this RFP.

Any proposal or submission that is submitted by a tenderer in response to this RFP represents a firm offer to

contract on the terms and conditions described in this RFP and such offer may not be unilaterally withdrawn by

a tenderer once it has been submitted to HKSTP. If a tenderer is breach of this provision, HKSTP reserves all

rights to seek legal remedy against such tenderer for any financial loss incurred and/or suffered by HKSTP arising

from such breach.

Accuracy of RFP Prices

Tenderer shall make certain that the prices quoted are accurate before submitting its proposal. Under no

circumstances will HKSTP accept any request for price adjustment on the ground that a mistake has been made in

the RFP prices.

Validity of RFP Prices

Tenderer shall make certain that the prices quoted in Hong Kong Dollars and to precise breakdown. All quotations

shall be valid for the contract period.

Alteration and Assumption

No unauthorized alternation or erasure to the text of the RFP document will be permitted. No unauthorized

assumption will be entertained.

Competitive Bidding



HKSTP encourages free and open competition among tenderers. Tenderer’s signature on its quotation guarantees

that the prices quoted have been established without collusion with other eligible tenderers or informed parties

and without effort to preclude HKSTP from obtaining the lowest possible competitive price.

Award

At no time shall HKSTP be considered to be under any obligation or commitment to purchase any product or

service from a tenderer who submits any proposal in response to this RFP unless and until HKSTP such tenderer

has been officially selected by HKSTP as the winning tender.

Assignment of Contract or Sub-Contracting

If the tenderer is selected as the winning tenderer, it shall not assign or otherwise transfer any of its obligations

and commitments made in its submission and under the terms and conditions referred to in Section 9 below to

any third party or parties without the prior written consent of HKSTP.

Liquidated Damages

If tenderer fails to deliver the goods or complete the services, then it shall follow up all related activities without

any extra cost to HKSTP. HKSTP may without prejudice to any other methods of recovery, deduct the sum of such

damages from any monies due or to become due to the tenderer under this and/or any other contract valid at the

time between HKSTP and the tenderer. The payment or deduction of such damages shall not relieve the tenderer

from the obligations to deliver the goods or complete the services or from any other of its obligations under the

contract.

Work Site Damages

Tenderer shall make sure that there is no damage to the existing system during and after the service assignment.

Any damage to existing utilities, equipment or system resulting from the performance of works during the service

assignment shall be repaired to HKSTP’s satisfaction at the tenderer’s expense.

Confidentiality

Tenderer is under an obligation to protect the interest of HKSTP by not divulging confidential information to any

parties. The tenderer is required to sign a Non-Disclosure Agreement before commencement of contract.

Insurance

Tenderer shall be responsible to provide Employees’ Compensation Insurance coverage for those employed for

the execution of the services under this contract. The tenderer shall indemnify HKSTP against all losses and claims

in respect of injuries or damage to any person, equipment or installation whatsoever which may arise out of or in

connection with the services.



Green Policy, Health & Safety

For environmental protection, the tenderer should endeavour to minimize any negative impact on the

environment. Wherever possible, recycled/recyclable and reused/reusable materials should be used. Energy

consumption and waste should be minimised.

During the course of its provision of the services, the tenderer should at all times undertake that it and its

employees should comply with all statutory requirements in respect of health and safety and all instructions issued

by HKSTP.

Non-Collusion

The tenderer must ensure that the bid is prepared without any agreement, arrangement, communication,

understanding, promise or undertaking with any other person (except as provided in paragraph 3 of the Non-

collusive Tendering Certificate referred to Annex 1), including regarding price, bid submission procedure or any

terms of the bid. In the event of any breach of this clause by any tenderer, HKSTP reserves the right to invalidate

the bid submitted by that vendor and seek damages.

Bid-rigging is inherently anti-competitive and is considered serious anti-competitive conduct under the

Competition Ordinance (Cap.619). Tenderers who engage in bid-rigging conduct may be liable for the imposition

of pecuniary penalties and other sanctions under the Competition Ordinance.

Upon tender submission, the tenderer shall submit to HKSTP a Non-collusive Tendering Certificate (in the form set

out at Annex 1 to this RFP) duly signed by an authorized person with company chop on the tenderer’s behalf in

Technical Proposal.

If the requested Non-collusive Tendering Certificate is not provided to HKSTP, the tender may be invalidated.

Termination

HKSTP has the right to terminate the engagement of the successful tenderer under this RFQ in accordance with

the provisions contained in HKSTP’s Standard Terms and Conditions for the Purchase of Goods shown in Appendix

2 of this RFP. In addition to the said terms and conditions, if the appointed tenderer fails to deliver the goods

within two (2) weeks of each order being placed by any of HKSTP’s RFB Operators, or complete the services to the

satisfaction of HKSTP and/or HKSTP RFB Operators, HKSTP may terminate the appointment of the selected

tenderer by giving one (1) week’s prior written notice to the selected tenderer.

The appointed tenderer shall be responsible for any cost incurred due to early termination or failure on its part to

deliver the BSU Wares to any of HKSTP’s RFB Operators.



9. Standard Terms & Conditions

The appointed tenderer selected by HKSTP under this RFP will be required to supply the BSU Wares subject to

HKSTP’s standard terms and conditions for the purchase of goods as shown in Appendix 2 of this RFP. If, after

HKSTP has selected the winning tenderer, HKSTP determines that it is necessary to enter into a formal contract

governing the supply of the BSU Wares, the terms and conditions of the this contract shall supersede HKSTP’s

standard terms and conditions shown in Appendix 2.

-End



Appendix 1 –Compliance Checklist

Item Category Description

Note: For any required Documentation and/or

Exception, please refer to the Section

3.Specification; B. Mandatory Criteria for detail

Compliance

(Y/N)

Written

Declaration

(Y/N)

Proof

/Report

(Y/N)

a B

Mandatory

Criteria

The product must be manufactured in compliance

with all applicable laws and regulations.

b All products must be compliant with FDA

requirements for its intended use as a component

of packaging for direct contact with food.

c All products offered on this contract must contain

100% biobased carbon content.

d Product may not contain fluorine or fluorinated

compounds.

e Product is certified as commercially compostable.

f The product is compostable in a “home/backyard”

composting system.

g At least 5 samples of the product offered on this contract must be submitted for performance testing by the tenderer.

Please submit Compliance Checklist (Appendix 1) in response to RFP and the Price table



Appendix 2 – Standard Terms and Conditions for Purchase of Goods

TERMS AND CONDITIONS

(FOR GOODS)

1. INTERPRETATION

The following definitions and rules of interpretation shall apply in these Terms and Conditions.

Definitions

“Business

Day”

: means a day other than a Saturday, Sunday or public holiday in Hong Kong.

“Contract” : means the legally binding contract formed between HKSTPC and the

Supplier for the supply of Goods which consists of these Terms and

Conditions and any relevant provisions relating to the supply of the Goods

that are contained in the Tender Invitation and the Tender Submission and,

if issued by HKSTPC, the Purchase Order.

“Customer

Materials”

: means all equipment, tools, drawings, specifications, data, plans, and any

other materials or information, whether of a confidential nature or not, in

any form or media provided by HKSTPC to the Supplier.

“Delivery

Date”

means the date or dates for the delivery of any of the Goods as specified in

the Purchase Order, the Tender Invitation and/or the Tender Submission, as

the case maybe.

“Delivery

Location”

: means the address or addresses for the delivery of any of the Goods as

specified in the Purchase Order, the Tender Invitation and/or the Tender

Invitation, as the case maybe.

“Force

Majeure

Event”

:

means any acts of God, war, insurrection, riot, civil or social unrest,

sabotage, boycott, embargo, explosion, fire, earthquake, flood,

unavoidable accident, the outbreak of any disease, virus epidemic, riot,

public disorder, violent demonstrations, blockade, government regulations,

legal proceedings.

“Goods” : means the goods that are to be acquired by HKSTPC from the Supplier,

details of which are set out in the Tender Invitation, the Tender Submission

and, if issued by HKSTPC, the Purchase Order.

“HKSTPC” : means Hong Kong Science and Technology Parks Corporation.

“Intellectual

Property Rights”

:

means patents, rights to inventions, copyright and related rights, trade

marks, business names and domain names, rights in designs, rights in

computer software, database rights, rights to use and protect the

confidentiality of confidential information (including but not limited to



know-how and trade secrets), and all other intellectual property rights, in

each case whether registered or unregistered and including all applications

and rights to apply for and be granted, renewals or extensions of, and rights

to claim priority from, such rights and all similar or equivalent rights or

forms of protection which subsist or will subsist now or in the future in any

part of the world.

“Purchase

Order”

means the purchase order for the Goods which is issued by HKSTPC and

which these Terms and Conditions form an integral part or if, for whatever

reason is not issued by HKSTPC, these Terms and Conditions shall on their

own govern the purchase of the Goods under this Contract.

“Supplier” : means the company or entity who is engaged by HKSTPC to provide the

Goods.

“Tender

Invitation”

: means the request for quotation or the request for proposal, as the case

maybe, that has been issued by HKSTP to invite tender submissions from

third parties (including the Supplier) for the provision of the Goods.

“Tender

Submission”

: means the quotation or proposal, as the case maybe, that is submitted by

the Supplier to HKSTPC in response to the Tender Invitation.

HKSTPC and the Supplier shall, where the context permits, individually be referred to as a

“Party” and collectively as the “Parties”.

2. LEGALLY BINDING CONTRACT

2.1. The Supplier hereby acknowledges and accepts that, notwithstanding whether a Purchase Order is issued by HKSTPC, it is legally bound by these Terms and Conditions once it has

been selected by HKSTPC as the Supplier pursuant to the selection procedure of the Tender

Invitation.

2.2. HKSTPC shall not be bound by and the Supplier hereby expressly excludes any other terms and conditions stipulated in any of the Supplier’s forms and documents.

3. WARRANTIES

3.1. The Supplier warrants that, for a period of eighteen (18) months from the date of acceptance or as otherwise agreed between the Supplier and HKSTPC, the Goods to be rendered to

HKSTPC shall:

3.1.1. correspond with the applicable specification(s), drawing(s), description(s) or sample(s) provided to HKSTPC;

3.1.2. be new; 3.1.3. be completely free from defects in design, material and workmanship; 3.1.4. be of merchantable quality and fit for their intended purpose made known to the

Supplier by HKSTPC, whether expressly or by implication, and/or as set out in the

Tender Invitation, and which the Supplier acknowledges and accepts that HKSTPC

relies solely on the Supplier’s expertise, experience and judgment to ensure that the



Goods achieve are merchantable quality and fit for their intended purpose; and 3.1.5. be in compliance with all applicable statutory and regulatory requirements.

3.2. All Goods ordered are subject to final inspection, testing, and acceptance by HKSTPC which shall be without prejudice to any other rights and remedies available to HKSTPC:

3.2.1. if any Goods do not correspond with the requirements in this Clause 3, HKSTPC reserves the right to reject the Goods or to require the Supplier to, at the Supplier’s

own cost, take immediate remedial actions;

3.2.2. HKSTPC may conduct further inspection and testing after the Supplier has carried out the relevant remedial actions;

3.2.3. if the rejected Goods have been paid for, HKSTPC shall have the right to return the rejected Goods and the Supplier shall, without delay, without any off-set or

deductions (including without limitation for any administrative fees and/or

expenses), refund the paid amount to HKSTPC;

3.2.4. the Supplier shall cover all costs incurred in case of rejected Goods, including but not limited to all inspection, handling and transportation expenses; and

3.2.5. the Supplier shall remain fully responsible for the Goods until HKSTPC has accepted the Goods and that any inspection or testing that are conducted by

HKSTPC for the purpose of determining whether the Goods are acceptable shall

not reduce or otherwise affect the Supplier’s obligations under the Contract.

3.3. The Supplier shall ensure that, throughout the term of this Contract, it has and maintains all relevant licences, permissions, authorisations, consents and permits that it requires in

order to fully carry out its obligations under this Contract.

3.4. The Supplier shall ensure that the Goods are properly packed and secured during shipment and delivery so as to ensure that the Goods are not damaged when they reach the Delivery

Location.

3.5. Where a Delivery Date is specified for the delivery of any of the Goods, time shall be of the essence and the Supplier undertakes to HKSTPC that the relevant Goods shall be

delivered to HKSTP:

3.5.1. on the Delivery Date or according to the schedule specified; 3.5.2. to the Delivery Location; and 3.5.3. during HKSTPC’s normal business hours, or as otherwise instructed in writing by

HKSTPC.

3.6. The Supplier shall ensure that quantity of each shipment of the Goods that are delivered to HKSTPC correspond to the quantity stated in the relevant packing list, bill of lading, airway

bill and/or any other documentation, as applicable, that have been issued by the Supplier

to HKSTPC for the customs clearance.

4. PRICE AND PAYMENT

4.1. Unless otherwise specified in the Purchase Order, Tender Invitation and/or the Tender Submission, the price(s) submitted by the Supplier for the Goods includes all charges and

expenses directly and indirectly incurred by the Supplier in respect of the performance of



the Contract including, without limitation, any import fees and/or duties, the cost of

packaging, shipping, insuring and for the delivery of the Goods.

4.2. No extra charges by the Supplier or its agents shall be effective unless agreed in writing with HKSTPC.

4.3. The Supplier shall, without delay, render to HKSTPC invoices and such other documentation as HKSTPC may reasonably require including but not limited to any bills

of lading, airway bills, custom forms, export licenses and permits, country of origin

statements, packing lists, delivery receipts and such other documentation..

4.4. Provided that the Goods have been accepted by HKSTPC in accordance with Clause 5 below, HKSTPC shall settle payment for the Goods to the Supplier in Hong Kong Dollars

within thirty (30) days after the relevant invoice date. The Supplier shall not issue any

invoice in respect of any Goods unless and until HKSTPC has confirmed acceptance of the

relevant Goods.

4.5. If HKSTPC fails to fulfill its payment obligation in a timely fashion, it must be given notice of default and granted a reasonable term by the Supplier to fulfill its payment obligation

before HKSTPC can be deemed by the Supplier to be in default.

4.6. Without prejudice to any other rights of HKSTPC, it shall be entitled to suspend or withhold payment if the Goods rendered by the Supplier are unsatisfactory to HKSTPC.

4.7. HKSTPC may, in its sole discretion and at any time, set off any liability of HKSTPC to the Supplier, whether such liability is actual or contingent, liquidated or unliquidated, and

whether or not such liability arises from the provision of the Goods. Any exercise by

HKSTPC of its rights under this Clause 4 shall not limit or affect any other rights or

remedies available to it under the Contract or otherwise.

5. ACCEPTANCE, TITLE AND RISK

5.1. Risk of loss or damage to the Goods shall remain with Supplier until HKSTPC has expressly given its acceptance of the Goods in writing. Where applicable, HKSTP shall

determine whether to accept the Goods by conducting acceptance testing of the Goods in

accordance with the acceptance testing procedures and criteria as specified in the Contract

and acceptance of the Goods shall be determined by the outcome such testing procedures

and criteria and evidenced by a letter of acceptance from HKSTPC.

5.2. Title in the Goods shall pass from the Supplier to HKSTPC upon express written

acceptance of the Goods by HKSTPC in accordance with Clause 5.1 without prejudice to

any rights to reject, claim damages and/or any other remedies available to HKSTPC after

such express acceptance.

6. REMEDIES

6.1. If the Goods are not delivered on the relevant Delivery Date, or do not comply with the warranties under Clause 3 or as otherwise agreed in the Contract, then, without limiting



any of its other rights or remedies, and whether or not it has expressly accepted the Goods,

HKSTPC may exercise any one or more of the following remedies:

6.1.1. terminate the Contract with immediate effect by giving written notice to the Supplier without liability;

6.1.2. reject the Goods (in whole or in part) by giving notice in writing to the Supplier before or after delivery and return the rejected Goods to the Supplier at the

Supplier's own risk and expense;

6.1.3. require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods (if paid);

6.1.4. refuse to accept any subsequent delivery of the Goods which the Supplier attempts to make;

6.1.5. recover from the Supplier any costs incurred by the Customer in obtaining substitute goods from a third party; and/or

6.1.6. claim damages for any additional costs, loss or expenses incurred by HKSTPC which are in any way attributable to the Supplier's failure to perform and fulfil its

obligations under the Contract.

6.2. These Terms and Conditions shall extend to any substitute or remedial Goods provided by the Supplier.

6.3. HKSTPC's rights and remedies under the Contract are in addition to, and not exclusive of, any rights and remedies implied by statute and/or common law.

7. INDEMNITY

7.1. The Supplier shall indemnify HKSTPC against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit,

loss of reputation) and all interest, penalties and legal costs and all other professional costs

and expenses suffered or incurred by HKSTPC arising out of, as a result of or in connection

with:

7.1.1. any claim made against HKSTPC for actual or alleged infringement of a third party's Intellectual Property Rights arising out of, as a result of or in connection

with the supply or use of the Goods, to the extent that the claim is attributable to

the acts or omissions of the Supplier, its employees, agents or subcontractors;

7.1.2. any claim made against HKSTPC by a third party for death, personal injury or damage to property arising out of, as a result of or in connection with defects in

Goods, to the extent that the defects in the Goods are attributable to the acts or

omissions of the Supplier, its employees, agents or subcontractors; and

any claim made against HKSTPC by a third party arising out of, as a result of or in

connection with the supply of the Goods, to the extent that such claim arises out of the

breach, negligent performance or failure or delay in performance of the Contract by the

Supplier, its employees, agents or subcontractors.

7.2. This Clause 7 shall survive termination and expiry of the Contract.



8. TERMINATION

8.1. Without prejudice to any of its other rights or remedies, HKSTPC may terminate the Contract with immediate effect by giving the Supplier written notice if:

8.1.1. there is a change of control of the Supplier; or

8.1.2. the Supplier’s financial position deteriorates to such an extent that in HKSTPC’s opinion the Supplier’s capability to adequately fulfil its obligations under the

Contract has been placed in jeopardy; or

8.1.3. the Supplier commits a material breach of any of these Terms and Conditions or any conditions of the Contract and such breach is irremediable or if such breach is

remediable but the Supplier fails to remedy that breach within a reasonable period of

time as determined by HKSTPC in its sole and absolute opinion; or

8.1.4. the Supplier shall have a receiver or an administrative receiver appointed or shall pass a resolution for winding-up (other than for the purposes of a bona fide scheme

of solvent amalgamation or reconstruction) or a court of competent jurisdiction shall

make an order to that effect or if the Supplier shall become subject to an

administrative order or shall enter into any voluntary arrangement with its creditors

or suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or

a substantial part of its business.

For the purpose of this Clause 8, the term “control” (including the correlative terms

"controlling", "controlled by", and "under common control with") shall mean possession

directly or indirectly, through one (1) or more intermediaries, of the power to direct or cause

the direction of management and policies of a person, whether through ownership of voting

securities or other equity interests, or by shareholders' agreement or otherwise.

9. CONSEQUENCES OF TERMINATION

9.1. On termination of the Contract for any reason, the Supplier shall immediately deliver to HKSTPC all materials, information, operating manuals, guides, specifications and any

other information relating to Goods that have already been delivered and accepted by

HKSTPC and return all Customer Materials to HKSTPC. If the Supplier fails to do so or

fails to do so within a reasonable period of time as determined by HKSTPC in its sole and

absolute opinion, then HKSTPC shall have the right to enter the Supplier’s premises and

take possession of all Customer Materials. Until such Customer Materials have been

delivered or returned, the Supplier shall be solely responsible for their safe keeping and

will not use them for any purposes not connected with the Contract.

9.2. Termination or expiry of the Contract shall not affect any of the rights, remedies, obligations or liabilities of both the Supplier and HKSTPC that have accrued up to the date

of termination or expiry. Clauses that expressly or by implication survive termination of

the Contract shall continue in full force and effect.

9.3. Any provision of the Contract that expressly or by implication is intended to come into or



continue to be in force on or after termination or expiry of the Contract shall remain in full

force and effect.

10. INSURANCE

10.1. During the term of the Contract, the Supplier shall maintain, at its own cost and with a reputable insurance company, valid professional indemnity insurance and public liability

insurance coverage for an insured sum that is adequate to cover liabilities that may arise

under or in connection with the Contract and shall, on HKSTPC’s request, produce a

certificate of insurance showing the insured sum.

11. INTELLECTUAL PROPERTY RIGHTS

11.1. The Supplier guarantees that the Goods provided hereunder will not infringe upon any

Intellectual Property Rights of any third party(ies).

11.2. To the extent that any of the Goods incorporate and/or utilize any Intellectual Property Rights that are owned by the Supplier, the Supplier grants to HKSTPC a fully paid-up,

worldwide, exclusive, royalty-free perpetual and irrevocable licence to use such

Intellectual Property Rights in the Goods. Where the Goods incorporate and/or utilize any

third party Intellectual Property Rights (other than those owned by the Supplier), the

Supplier shall, at the Supplier’s own cost, procure that all such consents, licenses

authorizations and/or permissions have been obtained from such third parties so as to

enable HKSTPC to enjoy the full and unfettered use of the Goods.

11.3. All Customer Materials are the exclusive property of HKSTPC.

12. SAFETY

12.1. The Goods shall be provided by employees, contractors, and agents of the Supplier in a manner which conforms to the applicable laws and regulations, including, if applicable,

the rules and regulations in the Safety, Health and Environment (SHE) Handbook of

HKSTPC, as well as any procedures and instructions intended to prevent accidents,

injuries and losses.

12.2. All containers for hazardous chemicals and flammable materials shall be labelled accordingly so as to facilitate proper handling and storage.

13. FORCE MAJEURE

13.1. Neither Party shall be in breach of the Contract nor be liable for delay in performing, or

failure to perform, any of its obligations under the Contract if such delay or failure is

attributable to a Force Majeure Event.

13.2. HKSTPC shall have the right to suspend or cancel the provision of the Goods or any part thereof in case of a Force Majeure Event and the Supplier shall make the corresponding

adjustments to the total Contract price.

13.3. If a Party is prevented, hindered or delayed from or in performing any of the obligations



under the Contract due to any Force Majeure event, it shall notify the other Party in

writing of the occurrence of such event and the circumstances thereof within two (2)

Business Days after the occurrence of such event.

13.4. The Party or Parties affected by the event of Force Majeure shall use reasonable efforts to mitigate the effect thereof upon its or their performance of the Contract and to fulfil its


13.5. If the performance of the Contract is substantially prevented, hindered or delayed for a single period of more than thirty (30) days or an aggregate period of more than sixty (60)

days on account of one or more events of Force Majeure, the Parties shall negotiate in

good faith to attempt to develop a mutually satisfactory solution, failing which either

Party may terminate the Agreement by giving written notice to the other, but without

prejudice to either Party's rights.

14. ASSIGNMENT

14.1. The Supplier shall not assign any of its interests, rights and obligations under the Contract nor shall it subcontract performance of all or any part of the Contract without the prior

written consent of HKSTPC.

15. CONFIDENTIALITY

15.1. The Supplier undertakes that it shall not at any time during the Contract, and for a period of two (2) years after the termination or expiry of the Contract, disclose to any person any

confidential information concerning the business, affairs, customers, clients of HKSTPC,

except as permitted by Clause 15.2 below.

15.2. The Supplier may only disclose HKSTPC’s confidential information:

15.2.1. To its employees, officers, representatives, subcontractors, or advisors on a need-to-know basis and for the purposes of performing its obligations under the

Contract. It shall ensure that its employees, officers, representatives,

subcontractors, or advisors to whom it discloses such confidential information

comply with this Clause 15; or

15.2.2. As may be required by law, the court or any governmental or regulatory authority; or

15.2.3. HKSTPC has given prior written consent to the disclosure of confidential information.

15.3. Neither Party shall use the other Party’s confidential information for any purposes other than to perform its obligations under the Contract.

15.4. This Clause 15 shall survive the termination or expiry of the Contract.



16. WAIVER

16.1. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

16.2. Acceptance of, or payment for, all or part of the Goods supplied according to the Contract shall not be deemed to be a waiver by HKSTPC of its right to any remedies, including

but not limited to, claims for any losses, costs incurred or damages, and to cancel all or

any part thereof, due to any delay or failure to abide by these Terms of Conditions, the

Tender Invitation and/or the Tender Submission.

17. AMENDMENTS AND VARIATION Any amendments to the Contract shall only come into effect if agreed by both Parties in writing.

18. GOVERNING LAW AND JURISDICTION

18.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Hong Kong.

18.2. The Parties submit to the exclusive jurisdiction of the courts of Hong Kong.

19. NOTICES

19.1. Any notice or other communication given to a Party under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid post at its

registered office or its principal place of business; or sent by fax to its main fax number;

or sent by email to the address provided by the Supplier in the Contract.

19.2. A notice or other communication shall be deemed to have been received: if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;

if sent by pre-paid post, on the second Business Day after posting; if sent by fax or email,

at the time of transmission, or, if this time falls outside business hours in the place of

receipt, when business hours resume. In this Clause 18.2, business hours means 9.00am

to 6.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.

19.3. This Clause 19.2 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.

20. PROBITY

20.1 The Supplier shall observe the Prevention of Bribery Ordinance (Cap. 201) (“PBO”). The Supplier shall not, and shall procure that its directors, employees, consultants, agents,

contractors and other personnel who are in any way involved in the Goods shall not, offer

to or solicit or accept from any person any money, gifts or advantages (as defined in the

PBO) in relation to the Goods.

20.2 If the Supplier and/or any of its directors, employees, contractors, agents, contractors and other personnel who are in any way involved in the Goods commit any offence under the



PBO in relation to this Goods, HKSTPC shall be entitled to terminate this Contract and

shall hold the Supplier liable for any loss or damages HKSTPC may sustain arising from

such termination.

21. ENTIRE AGREEMENT AND SUPERSESSION

21.1. The Parties acknowledge and accept that, subject to Clause 21.3, the Contract constitutes the entire agreement between them with regard to the Goods and supersedes all prior

agreements, discussions, arrangements and undertakings, if any, between the Parties in

respect of the Goods.

21.2. In the event of any inconsistencies among these Terms and Conditions, the Tender Invitation and/or the Tender Submission, these Terms and Conditions shall first and

foremost prevail, with the Tender Invitation ranking second in priority and the Tender

Submission ranking third in priority.

21.3. Notwithstanding Clause 21.1, in the event that the Parties enter into a separate legally binding agreement (the “New Contract”) to govern the terms and conditions upon which

the Supplier is to provide the Goods referred to in this Contract, the Parties acknowledge

and accept that once the New Contract has been duly executed by the Parties, these Terms

and Conditions shall be superseded in their entirety by the New Contract and the provision

of the Goods by the Supplier to HKSTPC the shall be deemed as being governed by the

New Contract from the date upon which the Supplier was selected by HKSTPC under the

Tender Invitation.

22. GENERAL

22.1 No prejudice to rights / waiver: No failure to exercise, or delay in exercising, any right or remedy under the Contract will operate as a release or waiver of such right or remedy

or any other right or remedy, nor will any single or partial exercise of any right or remedy

under the Contract or provided by law preclude any other or further exercise of it or the

exercise of any other right or remedy. A waiver of any breach of the Contract or any right

of remedy under the Contract shall not be effective, or implied, unless that waiver is in

writing and is signed by the Party against whom that waiver is claimed.

22.2 Severability: If any term in or provision of the Contract is held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, the term or

provision shall to that extent be deemed not to form part of the Contract and the

enforceability of the remainder of the Contract shall not be affected and shall be enforced

to the full extent permitted by law.

22.3 Rights cumulative: The rights and remedies provided in the Contract are cumulative and not exclusive of any rights or remedies provided by law.

22.4 Survival: Termination shall not affect any rights and/or obligations accrued before the date of termination or any rights and/or obligations or provisions of the Contract

expressed or intended to survive any termination of the Contract.

22.5 Successors and Assigns: The terms and conditions of the Contract shall be binding upon



and shall inure to the benefit of the successors in interest and the assigns of the Parties,

except that no assignment, transfer, pledge or mortgage by or through either Party in

violation of the provisions of the Contract shall vest any rights in the assignee, transferee,

pledgee, mortgagee or in any occupant.

22.6 Further assurances: Each Party shall execute such further documents and perform and procure such acts and things as may be necessary give full effect to each Party’s


22.7 No partnership: Nothing in the Contract shall be construed as creating a partnership, association, trust or joint venture between the Parties. Neither Party nor any of its

employees, agents, representatives or contractors is deemed an employee, agent,

contractor or representative of the other Party. Neither Party has the authority to bind nor

to incur any liability on behalf of the other and neither is such authority implied.

22.8 Exclusion of third parties: Notwithstanding any other provisions of the Contract and save for expressly provided for in the Contract, any person who is not a party thereto shall

not have any right under the Contracts (Rights of Third Parties) Ordinance (Cap.623) to

enforce any provisions of the Contract. For the avoidable of doubt, this provision does

not affect any right or remedy of a third party which exists or is available apart from the

said Ordinance.



Annex 1

Non-Collusive Tendering Certificate

To : Hong Kong Science and Technology Parks Corporation (“HKSTP”)

Dear Sirs,

Non-Collusive Tendering Certificate for [Ref: RFP/2020/GT/102] (the “Contract”)

1. We, ___________________________of ____________________________

(name(s) of the tenderer(s)) (address(es) of the tenderer(s))

__________________________________________________________________

refer to the tender for the Contract (the “Tender”) and our bid in relation to the Tender.

Non-collusion

2. We represent and warrant that in relation to the Tender:

(a) Our bid was developed genuinely, independently and made with the intention to accept the Contract if

awarded;

(b) Our bid was not prepared with any agreement, arrangement, communication, understanding, promise or

undertaking with any person (including any other tenderer or competitor) regarding:

i) prices;

ii) methods, factors or formulas used to calculate prices;

iii) an intention or decision to submit, or not submit, a bid;

iv) an intention or decision to withdraw a bid;

v) the submission of a bid that does not conform with the requirements of the tender;

vi) the quality, quantity, specifications or delivery particulars of the products or services to which this tender

relates; and

vii) the terms of the bid,

and we undertake that we will not, prior to the award of the Contract, enter into or engage in any of the

foregoing.

3. Paragraph 2(b) of this certificate shall not apply to agreements, arrangements, communications, understandings,

promises or undertakings with:

(a) HKSTP;

(b) a joint venture partner, where joint venture arrangements relevant to the bid exist and which are notified to

HKSTP;

(c) consultants or sub-contractors, provided that the communications are held in strict confidence and limited

to the information required to facilitate that particular consultancy arrangement or sub-contract;

(d) professional advisers, provided that the communications are held in strict confidence and limited to the

information required for the adviser to render their professional advice in relation to the Tender;



(e) insurers or brokers for the purpose of obtaining an insurance quote, provided that the communications are

held in strict confidence and limited to the information required to facilitate that particular insurance

arrangement; and

(f) banks for the purpose of obtaining financing for the Contract, provided that the communications are held in

strict confidence and limited to the information required to facilitate that financing.

Disclosure of subcontracting

4. We understand that we are required to disclose all intended sub-contracting arrangements relating to the Tender

to HKSTP, including those which are entered into after the Contract is awarded. We warrant that we have duly

disclosed and will continue to disclose such arrangements to HKSTP.

Consequences of breach or non-compliance

5. We understand that in the event of any breach or non-compliance with any warranties or undertakings in this

certificate, HKSTP may, at its discretion, invalidate our bid, exclude us in future tenders, pursue damages or

other forms of redress from us (including but not limited to damages for delay, costs and expenses of re-

tendering and other costs incurred), and/or (in the event that we are awarded the Contract) terminate the Contract.

6. Under the Competition Ordinance, bid-rigging is serious anti-competitive conduct. We understand that HKSTP

may, at its discretion, report all suspected instances of bid-rigging to the Competition Commission (the

“Commission”) and provide the Commission with any relevant information, including but not limited to

information on our bid and our personal information.

For and on behalf of:

(Company Name)

Signature with Company

Chop:

(Authorized Signature)

Name & Position:

Date:

Additional signature blocks will need to be used where the tenderer is comprised of multiple parties

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