quotation ref.: ycg/hq/t/001-emc specification on the ... tender...and (b) rental fee for the...

2017 Yao Foundation Charity Game - Carnival 1

Quotation Ref.: YCG/HQ/T/001-EMC

Specification on the Provision of Services to a Special Event on

Event Management for the Carnival

The South China Athletic Association (the “Hosting Organisation”) is now inviting quotations for

the Event Management services to be provided on the Carnival of a Special Event (the “Event”) to

be held in July 2017.

For this invitation, the Event Management Company (the “Successful Tenderer / Successful

Bidder) is required to render Event Management services (the “Services”) to the Hosting

Organisation to organise the Carnival of the Event subject to the terms and conditions herein.

1. EVENT DETAILS

1.1 Background

Being entrusted by a Charity Organisation in the Mainland (the “Organiser”), the

Hosting Organisation will organise the Event, which involves VIPs and commercial

sponsors from local, overseas and the Mainland, tentatively from 29 July to 1 August

2017 (Saturday to Tuesday). It is a 4-day programme which includes but not

limited to, the Pre-Game Press Conference, the Gala Dinner, the Carnival, the

Seminar, and the Main Game. The Event will be organised with the assistance of

some Assisting Organisations and Supporting Organisations (including a Volunteer

Organisation). The Hosting Organisation will engage other contractors to provide

specific services (the “Contractors”) for the Event.

1.2 Initial Schedule (for reference)

1.2.1 Pre-Game Press Conference

Date: June 2017 (Exact date TBC)

Venue: TBC

Time: TBC

Scale: Around 100 media

Target: Media ONLY

1.2.2 Arrival of VIPs and Meet the Press

Date: 29 July, 2017 (Saturday) (TBC)

Venue: Hotel (TBC)

Time: TBC

Scale: Around 200-250 persons

Target: Media ONLY


1.2.3 Carnival Visit & Basketball Court Visit

Date: 29-30 July, 2017 (Saturday & Sunday)

Venue: Outdoor and Indoor area of Kowloon Park, Tsimshatsui

for Carnival; and Hong Kong Coliseum, Hunghom for

Basketball Court Visit

Time: PM Session (Exact Time TBC)

Format: Short appearance at Carnival to create noise

Be familiar with the venue of Main Game

Target: Reserved for VIPs ONLY

1.2.4 Public Seminar

Date: 30 July, 2017 (Sunday) (TBC)

Venue: TBC

Time: AM Session (Exact Time TBC)

Format: VIPs to share their extraordinary story with the

participating members of the public

Target: Reserved for participating public ONLY

1.2.5 Main Game

Date: 30 July, 2017 (Sunday)

Venue: Hong Kong Coliseum, Hunghom

Time: 7:00pm – 10:00pm (TBC)

Format: Speech by VIP Guests

Basketball Game

Cheering teams/ Performance in between

Award Presentation

Local youth basketball team interaction (TBC)

TV coverage

Target: Open to Public

Tickets reserved for VIPs, sponsors, business partners,

education institutions, youth and sports related

non-profit making organisations

1.2.6 Post-Game Press Conference and/or Interviews

Date: 30 July, 2017 (Sunday)

Venue: Hong Kong Coliseum, Hunghom

Time: 10:00pm – 10:30pm (TBC)

Scale: Around 150 persons

Target: Media ONLY


1.2.7 School Visit

Date: 31 July, 2017 (Monday) (TBC)

Venue: TBC

Time: AM Session (Exact Time TBC)

Format: VIPs to share their extraordinary story with local students

Target: Reserved for selected local students ONLY

1.2.8 Local Tour (Private-TBC)


Venue: To be advised by the Successful Tenderer

Time: PM Session (Exact Time TBC)

Format: Sightseeing, shopping and a fun-filled experience of

Hong Kong's living culture

Target: Reserved for Players ONLY

1.2.9 Gala Dinner


Venue: Hotel (TBC)

Cocktail

Reception:

6:00pm

Dinner Section: 7:00pm (TBC)

Format: 30 round tables (TBC)

With silent Charity Auction throughout

Performance / Player Sharing in between (TBC)

Target: Reserved for Sponsors and VIP guests ONLY

1.2.10 Departure of VIPs

Date: 1 August, 2017 (Tuesday)

Time: TBC

2. SCOPE OF WORKS

• The Successful Tenderer to propose team structure and advise manpower support.

• The Successful Tenderer will be required to set up a dedicated event management

team, led by a project manager, for timely, efficient and effective delivery of the

services provided hereunder upon their acceptance of the offer. The Successful

Tenderer shall replace such personnel who in the opinion of the Hosting Organisation

are inefficient or incompetent or whose conduct is prejudicial or against the interest of


the Event or the Hosting Organisation within two working days from the date of the

relevant notification.

• The Successful Tenderer should ensure to have sufficient staff to undertake the

services he / she is required to provide.

• The Successful Tenderer is required to attend all meetings as and when required by the

Hosting Organisation and follow up on appropriate decisions reached at those

meetings. The Successful Tenderer is also required to provide secretarial support to all

meetings held with the Hosting Organisation and other stakeholders.

• The Successful Tenderer shall be the representative of the Hosting Organisation to

handle all enquiries concerning the Carnival if required.

• The Successful Tenderer shall comply with and observe all reasonable instructions of

the Hosting Organisation at all times.

• The Hosting Organisation will engage other contractors to provide services (the

“Contractors”) for the Event. It is required to closely work with the Contractors to

ensure consistency and coherence of the Carnival.

2.1 Event Organising and Management

2.1.1 Event Planning, Preparation and Co-ordination together with the Hosting

Organisation

• Plan and manage the carnival including but not limited to working

schedule, staff deployment plan, resource plan, action plan, floor plan,

programme rundown, hospitality, crowd control, logistics, security,

budget, any risk management and contingency plan.

• Closely monitor the progress of all tasks relating to the Carnival and

alert the Hosting Organisation as soon as possible to any event which

might affect the timeline and overall execution.

• Co-ordinate all related parties including the Hosting Organisation,

Assisting Organisation, PR and Media Agency, Design and Production

Team, Security Service Provider, venue management for the

implementation of the Carnival, etc.;

• Ensure all installations are of standard and acceptable to the Hosting

Organisation, in good working condition and in compliance with all

statutory requirements.

• Discuss and communicate with the venue on specifications for the

fitting-out, move-in and move-out, and any other necessary logistical

arrangements of all the hired space in relation to the Carnival.

• Prepare contingency plan for the Carnival.

• Prepare public entry projection and statistics


2.1.2 Budgeting and Accounting

• Prepare budgets for the Carnival and assist in the preparation of the

composite budget;

• Handle all accounts and produce due-date statements for payment

follow-up.

• Prepare and update expenditure report within 2 weeks after the

Carnival, or as and when required by the Hosting Organisation.

• Prepare a full expenditure record with invoices, receipts and supporting

documents for the Hosting Organisation within two weeks after the

conclusion of theCarnival.

2.1.3 Design and Production Co-ordination

• Co-ordinate with the appointed Design and Production Team appointed

by Hosting Organisation on design, adaption and construction of

works, including but not limited to the promotion material, souvenir,

production schedule and equipment; monitor the manpower

deployment, work quality and service deliverables, etc.

2.1.4 On-site Management and Support

• Successful Tenderer should assign a Project Manager for onsite events

and support. He/she shall maintain a close liaison with the Hosting

Organisation throughout the event. The Successful Tenderer shall

assign enough manpower at all locations to ensure the smoothness of

the Event.

2.1.5 Video Production and Photo Taking

• Co-ordinate with Media & Publicity Team on the brief of photographer

and video shooting team (photographer and video shooting team will

be arranged by Media & Publicity Team).

2.1.6 Souvenirs for Public Visitors

• Prepare budget plan and procurement of souvenirs for the visitors.

• Co-ordinate with the Hosting Organisation, Overall Project

Management and Media & Publicity Team on securing potential

souvenir sponsors.


2.1.7 Lucky Draw Handling

• Apply Trade Promotion Competition License (Lucky Draw) for the

Hosting Organisation.

• Lucky draw shall be held every two to four hours at the Carnival.

• Winners of lucky draw shall be awarded with tickets to Main Game.

2.1.8 Basketball Court Setting

• A 3x3 Basketball Game shall be held during the Carnival.

• Successful Tenderer should prepare two plans on game arena

- indoor basketball court

- outdoor temporary basketball court

2.1.9 Post Event Report

• Count and record the number of visitors for the Carnival.

• The Post Event Report will include but not limited to the number of

participants, statistics, and achievement with supportive figures, photos

and videos.

• Post Event Report should be ready within 2 weeks after the Carnival.

2.1.10 Any other services

• To provide other services as may be reasonably requested by the


2.2 Production and Event Logistic

The Successful Tenderer will work closely with the Hosting Organisation and

manage the Carnival including but not limited to below:

2.2.1 Event Management

• Manage the stage event, including show flow, rundown and any

performance involved.

• Arrange rehearsal and briefing to related parties.

• Provide all licenses-free music involved.

• Co-ordinate with the related parties which involved in the Carnival,

including but not limited to booth, programme and seating arrangement,

hospitality, VIP / Guest / Celebrities reception.

• Deploy professional team with enough manpower to ensure the quality of

the services and deliverables.


2.2.2 Licenses

• Co-ordinate with related parties on license(s) and copyrights clearance,

including but not limited to videos, visual, audio clips and music to be

used (if any).

• Obtain clearance from IFPI, CASH and other related license(s).

• Temporary Places of Public Entertainment License.

• Trade Promotion Competition License (Lucky Draw).

• Temporary Food Factory License (for F&B booth, if any).

• Other licenses if necessary.

2.2.3 Ticketing and Lucky Draw

• Propose and manage the ticketing mechanism as well as the manpower

management onsite.

• Manage the lucky draw flow.

• Ensure there is third party-auditor, announce the result within seven days

in designated newspapers and follow any requirement(s) under the Trade

Promotion Competition License.

2.2.4 Sponsor Booths

• Co-ordinate with the Hosting Organisation on sponsorship package and

assist the communication on set up and logistic work.

• The Successful Tenderer shall be entitled for 10% on the total booth

hiring fees successfully acquired by the Successful Tenderer. Provided

always that the Hosting Organisation shall have absolute right to accept

or decline any hirer at its absolute discretion without having to state

any reason.

• The total hiring fees shall comprise of two parts (A) a fixed sponsor fee

and (B) rental fee for the two-day activity, if extra booth will be rented

on top of the sponsor booths.

• Product sales will be allowed inside the booth area. Provided always

that the Hosting Organisation shall have the absolute discretion right to

decline any proposed sales items without having to state any reason.

2.2.5 Sales Booths

• Company(ies) to take up booth rental for the two-day operation in

addition to the sponsors’ booths already given to the official sponsors to

the Charity Game event (TBC).

• The Successful Tenderer shall engage Mister Softee and other Catering

company (if any) to provide their catering services at the Carnival at no


cost to Hosting Organisation.

• For food and beverage booths, ensure that appropriate license(s) are

applied by all catering providers.

• Product sales will be allowed inside the booth area. Provided always that

the Hosting Organisation shall have the absolute discretion right to

decline any proposed sales items without having to state any reason.

• The Successful Tenderer will be allowed to have exclusive sales of all

booths.

• The Successful Tenderer shall be entitled for 15% on the total booth

rental fees successfully acquired by the Successful Tenderer for the

two-day activity. Provided always that the Hosting Organisation shall

have absolute right to accept or decline any hirer at its discretion without

having to state any reason.

2.2.6 Security Service

• To communicate with venue manager for the maximum number of people

that can accommodate in the venue.

• Co-ordinate with the Hosting Organisation on first aid arrangement

• Appoint and manage security service provision include but not limited to

planning, proposing, coordinating the entry and exit location, visitor flow,

first aid booth location, barricades set up, crowd control and emergency

plan.

• Co-ordinate with the Security Team appointed by Hosting Organisation

on the security of China and America Basketball Players, VIPs, guests

and celebrities, etc.

2.2.7 MCs and Performances Management

• Propose MCs and performance(s) and provide briefing to related parties.

Prepare MC scripts and cue cards.

• Suggest and manage sports related gimmicks for stage activities.

• Coordination with related sport organisations as specified by the

committee and finalizes the rundown.

2.2.8 3x3 Basketball Games

• Co-ordinate with the Hosting Organisation on inviting the 3x3 basketball

teams, judges and the host.

• Arrange the rundown of 3x3 basketball games

• Assist the Hosting Organisation on 3x3 basketball games logistic


2.2.9 Press Zones

• Co-ordinate with Media & Publicity Team on the Press interview

arrangement.

2.2.10 Enquiry

• Co-ordinate with the Organsiers and the Media & Publicity Team on the

publicity. Provide accurate information and one contact/general line for

public enquiry

•

2.2.11 Manpower

• Ensure there is sufficient manpower to manage all parts of the carnival

and provide all necessary briefing and training to the staff.

• All manpower should wear staff T-shirt with name badges for easy

recognition.

2.2.12 Insurance

• The Successful Tenderer shall co-ordinate with Hosting Organisation on

the insurance issue which is handled by Hosting Organisation.

3. INFORMATION REQUIRED FROM BIDDERS

Interested part(ies) (“Bidder(s)”) are required to submit a proposal with a Technical

Proposal at Annex I and a Fee Proposal at Annex II setting out the following information.

Partial or incomplete submission will NOT be considered: –

3.1 Technical Proposal

Bidders are required to submit a “Technical Proposal” at Annex I including the

following information –

(a) A description of the profile of your company and the experience in organising

events of similar size and scope in pass three years; Please provide job

references of similar projects;

(b) A proposed structure of the project management team, with a list of specific

staff, including the project manager and project officer to be designated to carry

out and follow through this project, and a brief description of their

qualifications, relevant experience and skills, and areas of responsibilities on the

services;

(c) A detailed overall proposal for the Event including but not limited to the Event

working timeline, staff deployment plan and contingency plan; and

(d) Any other information that may assist in the evaluation of the proposals.


3.2 Fee Proposal

(a) Bidders are required to submit three options of quotation:

i. Indoor Carnival

ii. Outdoor Carnival

iii. Outdoor Carnival, with contingency shift to indoor due to adverse weather

(b) Bidders are required to submit a “Fee Proposal” at Annex II, including all

costs and expenses related to the provision of the Services in Hong Kong

Dollars, as per requirements stipulated in Clause 2 of this Project Brief. It is

the responsibility of the Bidders to ensure that all the relevant costs and

expenses for the Event, including consultancy fee, staff cost and administrative

expenses, etc. have been included in the Fee Proposal;

(c) Bidders should make sure the prices quoted are accurate before submitting

their quotations. The prices quoted, once accepted by the Hosting

Organisation should be fixed as the ceiling of all the fees payble by the

Hosting Organisation to the successful Bidder. Under no circumstances will

the Hosting Organisation accept any request for price adjustment on grounds

that a mistake has been made in the quoted prices or any item has been missed;

(d) The charges to be quoted by Bidders in the “Fee Proposal” shall be net and

where applicable, they shall include trade and cash discounts and all expenses

incidental to their due and proper performance of the Contract, except for

direct cost and reimbursable items in circumstances set out in Annex II;

(e) Figures quoted by Bidders in the “Fee Proposal” and all its attachment(s)

should not be altered or erased; any alteration should be effected by striking

through the incorrect figures and inserting the correct figures in ink above the

original figures. All such amendments should be initialed by the Bidder in ink;

(f) The offer of Bidders will be taken to remain valid for the duration of the

Contract and no request for price variation will be considered. Offers which

contains a price variation will not be considered; and

(g) The Hosting Organisation does not bind itself to accept the lowest quotation or

any quotation, and reserves the right to negotiate with any Bidder about the

terms of offer.


4. DISCLOSURE OF FEES PAYABLE TO THE SUCCESSFUL BIDDER

4.1 The Hosting Organisation shall have the right to disclose to any person, whenever it

considers appropriate or upon request by any third party (written or otherwise), and

in such form and manner as it deems fit –

(a) The fees, costs and expenses, payable by the Hosting Organisation for

engaging the successful Bidder; and

(b) The Fee Proposal submitted by the successful Bidder.

4.2 For the purpose of the above paragraph, each Bidder shall complete, execute and

reply to the Hosting Organisation the “Consent to Disclosure Form” at Annex III in

respect of the project so as to indicate the Bidder’s acceptance and compliance with

the disclosure requirements.

5. SUBMISSION OF QUOTATIONS

5.1 Bidders are required to submit the Technical Proposal and Fee Proposal, each with

one softcopy (stored in a DVD-ROM) and two hardcopies in two separately sealed

envelopes by hand on or before 3:00pm, 9 June 2017 (“Quotation Closing Date”)

to the following address:

5/F Head Office

South China Athletic Association

88, Caroline Hill Road, So Kon Po, Causeway Bay, Hong Kong

5.2 Please mark on your envelopes “CONFIDENTIAL” and write down the following

on the envelopes:

Envelope for Technical Proposal

Provision of Service for the Main Game

Technical Proposal

Envelope for Fee Proposal

Provision of Service for the Main Game

Fee Proposal

5.3 The duly completed “Consent to Disclosure Form” at Annex III must be submitted

together with the Technical Proposal.


5.4 For quotations to be submitted by hand, please deposit them direct in the quotation

box at the above address on Mondays to Fridays (except public holidays) from

9:30am to 5:30pm (Lunch hour from 1-2pm); Saturday from 9:30am to 1pm.

5.5 In case a black rainstorm warning or typhoon signal No. 8 or above is hoisted for

any duration between 9:00am to 3:00pm on the quotation closing day, the quotation

closing time will be extended to 3:00pm on the next working day.

5.6 The submission of proposals and creation of concept designs, if any, should be at no

cost to the Hosting Organisation. If there is any discrepancy between the softcopy

and hardcopy, assessment will be based on the hardcopy.

5.7 By submitting the Quotation Documents, a Bidder will be regarded to have agreed

to all terms and conditions set out herein.

6. VALIDITY PERIOD

Quotation shall, unless otherwise indicated by Bidders, remain valid for not less than 90

days after the Quotation Closing Date. If Bidders withdraw their offers before the expiry

of the agreed validity period, they are advised that due notice will be taken of their action

and this may well prejudice their future standing as the Hosting Organisation’s supplier /

service provider.

7. BASIS OF ACCEPTANCE

Bidders should fulfil all requirements stated in the Project Brief. Offer will be considered

on an overall basis. Partial / incomplete offer will be rejected. However, the Hosting

Organisation reserves the right to accept the proposed items on an “itemised” basis.

8. BIDDER’S COMMITMENT

All proposals, information and responses from Bidders must be submitted in writing. The

quotation documents and all proposals, information and responses submitted by the

selected Bidder may be incorporated into and made a part of any final agreement between

the Hosting Organisation and such Bidder. Bidders should not submit any information or

materials which they do not wish to be incorporated into the said final agreement. The

Hosting Organisation reserves the right to disqualify any Bidder who submits a proposal

that directly or indirectly attempts to exclude or restrict the effect of this requirement.


9. BRIEFING SESSION

9.1 A briefing session is scheduled at 2:00pm, 6 June 2017 at 5/F, Head Office, South

China Athletic Association, 88, Caroline Hill Road, So Kon Po, Causeway Bay,

Hong Kong. During which, the Hosting Organisation will explain the details and

requirements of the Event, and the Hosting Organisation’s expectation of the

Successful Tenderer. The briefing will be conducted in Chinese language.

9.2 Attendance at the briefing is not a mandatory requirement for submitting proposal.

Interested Bidders please indicate your interest to attend the briefing session.

Please contact Miss Sherman CHEUNG on or before 5:00pm, 5 June 2017.

10. ASSESSMENT OF PROPOSALS

10.1 A 40-60 technical-fee weighting is adopted for assessment.

10.2 Quotations complied with the requirements and specifications in this Project Brief

will be evaluated by an Assessment Panel based on the following assessment

criteria:

Part I Evaluation of the following aspects of the technical proposals

Technical Aspects Mark

A. Expertise and track record

Expertise and track record of the Bidder in providing similar services

30

B. Overall Proposal for the Main Game

Creativity, feasibility, cost-effectiveness, innovation, impact,

practicability of approaches and strategies proposed, etc.

30

C. Proposed Implementation Plan

Timeline of major tasks, manpower deployment, design and production

schedule, logistics plan, etc.

20

D. Contingency Plan

Comprehensive plan showing risk assessment and possible viable

solutions

10

D. Event Team Set-up

Team size, qualification, skills, versatility, estimated time spent on the

Event by individual members of the team, etc.

10

Full mark for technical assessment 100


The overall passing mark for a Technical Proposal is 50 out of 100. Any proposal

which does not achieve a passing mark in any one of the above technical aspects

will be disqualified. The technical score of individual qualified proposals will then

be rescaled to a maximum technical score of 40 as follows:-

40 (Technical weighting) X

Marks achieved for

the qualified technical proposal being assessed

The highest marks among all qualified

technical proposals

Part II Fee evaluation

Fee proposal of the lowest quotation will be given the maximum price score of 60

while the Total Marks scored for the higher offers will be calculated based on the

following formula:-

60 (cost weighting) X

Lowest price

among all qualified technical proposals

Price of

the qualified technical proposal being assessed

Total Marks = Marks for Technical proposal + Marks for Fee Proposal

The submission achieving the highest total marks will normally be accepted for

award of the contract. In case two or more submissions achieve the same highest

total marks, the Hosting Organisation shall have the sole discretion to award the

contract to any one of the Bidder of those submissions which the Hosting

Organisation deems to be most appropriate.

10.3 Fee assessment will be conducted only for those proposals that have passed the

technical assessment.

10.4 Proposals may not be considered if complete information is not given with the

quotation or if any particulars and data asked for in this Project Brief are not

furnished in full.

10.5 The screening and selection process may take about one to two weeks. During the

process, the Bidder may be required to provide additional information on or before a

specified date as and when requested. Shortlist criteria may be imposed and the

Bidder may also be required to make a presentation of its proposal to the Hosting

Organisation, all at its own expenses. If the Bidder fails to provide the necessary


information or attend the presentation in the manner or on a date as requested by the

Hosting Organisation, the Bidder’s proposal may no longer be considered.

10.6 The Hosting Organisation is not bound to accept the lowest quotation.

11. SCHEDULE OF PAYMENT

11.1 Bidders are requested to propose the schedule of payment at the Fee Proposal for

the Hosting Organisation’s consideration and the Hosting Organisation will discuss

and confirm the payment schedule with the Successful Bidder before the contract is

awarded.

11.2 Subject to the final programme rundown, performance needs and set up of venue,

the Hosting Organisation reserves the right not to use any of the quoted/proposed

services. In such cases, the Successful Tenderer should not charge those fees of

unused services to the Hosting Organisation.

11.3 The Hosting Organisation reserves the right to deduct partial or full payment from

the fee of the respective item should the Successful Tenderer fail to provide such

service or have provided it at a level falling below that described in the Technical

Proposal and the Project Brief. Mutual agreement on the amount of deduction

would be made before the final payment is made with reference to the services

satisfactorily provided by the Successful Tenderer to the Hosting Organisation.

However, this does not prejudice the sole right of the Hosting Organisation to

decide the final payment to be made.

12. CONTROL

The Hosting Organisation will assume general control over the Event. The Successful

Bidder shall appoint a Project Manager who will be the focal point of contact with the

Hosting Organisation. He / She shall attend all major meetings and be deputised, if

necessary, at working-level meetings.

13. TERMINATION

13.1 The Hosting Organisation may, without prejudice to its accrued rights and actions

against the Successful Bidder, forthwith terminate the Contract by notice in writing

to the Successful Bidder if the successful bidder: –


(a) is in breach of any provisions of this Contract (and in case that such breach is

capable of being remedied, the Successful Bidder has failed to remedy such

breach within 7 days of a written notice from the Hosting Organisation

requiring the same be remedied);

(b) goes into liquidation either compulsorily or voluntarily (save for the purpose of

reconstruction or amalgamation) or if a receiver is appointed in respect of the

whole or any part of its assets or if the Successful Bidder makes an assignment

for the benefit of or composition with his creditors generally or threatens to do

any of these things or any judgment is made against the Successful Bidder or a

similar occurrence under any jurisdiction affects the Successful Bidder;

(c) abandons this Contract in whole or in part; and

(d) shall, or purports to, assign, transfer, sub-contract or otherwise deal with all or

any of its rights or obligations hereunder without the prior written consent of

the Hosting Organisation.

13.2 Notwithstanding any other provision of the Services agreed, the Hosting

Organisation may at any time prior to the completion of the Services suspend or

terminate the Contract by giving the Successful Bidder seven days’ written notice of

such suspension or termination. In such event, the Hosting Organisation shall pay

the Successful Bidder for its Services rendered up to the date of suspension or

termination and the costs properly and reasonably incurred as a result of the

suspension or termination. Any amounts paid in respect of the Services which

have not been performed at the date of suspension or termination shall be refunded

to the Hosting Organisation. A termination or suspension of the Contract shall not

prejudice or affect any rights or action or other remedies which may have accrued or

shall accrue to the Hosting Organisation.

13.3 Should the project terminate, either normally at the end of the project period or

prematurely due to any reason, the Successful Bidder shall return all related

materials belonging to or collected from the Hosting Organisation within three

working days of the termination.

14. MISCELLANEOUS

14.1 The specifications referred to in Clause 2 above serve to give a general idea in the

scope and details of work of the Successful Bidder in relation to organising and

managing the Event. The Successful Bidder shall note that the specifications are

not exhaustive. The Successful Bidder shall be obliged to implement other related

tasks assigned to them which the Hosting Organisation considers warranted and


handle any ad hoc matters, though not listed herein, for preparing and holding the

Event at no additional cost or at a cost subsequently agreed.

14.2 No staff of or person engaged by the Successful Bidder shall be regarded as an

employee or servant or agent of the Hosting Organisation. The Successful Bidder

shall have the sole responsibility for their staff to be properly insured as required by

law and shall settle all claims of indemnity or vicarious liability arising from their

actions or behaviour.

14.3 No contract shall be constituted between the Successful Bidder and the Hosting

Organisation until a formal Contract has been signed. The Contract will contain

provisions on a number of aspects, including fees and payment, period of

agreement, termination of services, conflict of interest, and indemnity, etc.

14.4 All information concerning the invitation submitted by the Successful Bidder may

be incorporated into and become part of the formal Contract.

14.5 The Successful Bidder should not enter into any contractual commitments on behalf

of the Hosting Organisation unless with the latter’s written agreement.

14.6 The Successful Bidder should ensure that no intellectual property rights of any third

party have been or will be infringed for carrying out the Contract, and shall

indemnify the Hosting Organisation against any claims for breach of intellectual

property rights.

14.7 The Hosting Organisation reserves the right, in its absolute discretion, not to appoint

any of the bidders which have submitted proposals in response to this invitation, for

the whole or any part of the Event. Submission of any proposals shall be made on

the understanding that the Hosting Organisation will not be liable to pay any costs

and expenses arising out of its presentation and submission or in presenting or

clarifying the proposal.

14.8 Restrictions or limitations proposed by the Successful Bidder which seek to limit or

avoid the responsibility of the Successful Bidder in contract, tort or otherwise for

failing to exercise the skill and care required by the Contract or reasonably expected

by the Successful Bidder in these circumstances may render any proposal

non-compliant in the absolute decision of the Hosting Organisation


14.9 If the Event cannot be held on the intended date due to any unforeseeable reason

outside the Hosting Organisation’s direct control, the Hosting Organisation reserves

the right to postpone the event to a date not more than six months thereafter. The

Successful Bidder shall be obliged to complete the Services in accordance with the

Contract without any additional cost to be incurred.

14.10 In accordance with the Personal Data (Privacy) Ordinance, all personal data

collected from the VIPs, government officials, participants, volunteers, participating

children, their parents / guardians, mentors and representatives of the operating units

and companies and other accompanying persons shall be used by the Successful

Bidder only for the purpose of the Event and other related functions and activities as

referred to in Clause 2 above. Under no circumstances shall the Successful

Tenderer use any personal data as part of its customer or distribution list for other

activities, nor sell, transfer or make available the personal data to any third parties

without the consent of the data subjects.

15. COPYRIGHT

15.1 The Successful Bidder shall not, and shall procure that the subcontractor(s) shall

not, infringe the copyright or other intellectual property rights of any publication

matters, literary, artistic, musical work, or designs and shall in any event indemnify

and keep indemnified the Hosting Organisation against all actions, claims, damages,

and costs which may be sustained by the Hosting Organisation resulting from any

such infringement.

15.2 The ownership, copyright and all other intellectual property rights in all

deliverables, including but not limited to plans, photos, posters, models (computer

models or otherwise), sketches, drawings, computer graphics, manuals, or other

particulars or things prepared by the Successful Bidder or its subcontractors or

received by the Successful Bidder or its subcontractors in the course of the Services

shall be vested in and belong to the Hosting Organisation.

15.3 Without prejudice to the generality of the foregoing, the Hosting Organisation shall

have the right of using all drafts, sketches, slogans, designs and footage shots, in

whole or in segments including still and moving images produced therefrom, for all

purpose and in whatever form. The payment by the Hosting Organisation for this

project is inclusive of all fees, royalties and demands arising from such uses by the

Hosting Organisation as described above.


15.4 The Hosting Organisation has the sole right to present the drafts and final products

produced by the Successful Bidder anywhere within and outside Hong Kong using

any media, including but not limited to, broadcasting, video walls, the Internet and

multi-media advertisements on buses, seminars, exhibitions, roving show and other

media.

15.5 The Successful Bidder shall cease using the logo of Hosting Organisation, Hosting

Organisation, Assiting Organisation and Supporting Organisation and any other

pictures, designs, logos, or materials provided or specified by the Hosting

Organisation at the end of the contract period or from any date specified by the


16. GENDER MAINSTREAMING

The Successful Bidder and its subcontractors shall check and ensure all the materials and

works submitted and/or used for the Services are in compliance with the gender

mainstreaming concept. Successful Bidder and its subcontractors should refer to the

“Gender Mainstreaming Guidebook”, the “Gender Mainstreaming Checklist” and any

other relevant materials.

17. ACCEPTANCE

The Successful Bidder will receive as an indication of acceptance a fax or a letter. This fax

or letter of acceptance shall constitute a binding Contract. Bidders who do not receive any

notification within 90 calendar days of the quotation closing date shall assume that their

quotations have not been accepted.

18. THE CONTRACT

18.1 The Contract means the contract made between the Hosting Organisation and the

Successful Bidder in relation to provision of the Services comprising this Project

Brief, the Technical Proposal and Fee Proposal submitted by the Successful Bidder,

the letter/fax of acceptance and any other clarifications, correspondences or

documents which are expressly stated as forming part of the Contract.

18.2 The Successful Bidder will be engaged as an independent contractor and shall not

be construed as a partner, employee or agent of the Hosting Organisation.


19. CONFIDENTIALITY

19.1 The Successful Bidder or its subcontractors shall not disclose the terms and

conditions of the Contract, or any information, report, document, plan, software,

data or other particulars furnished by or on behalf of the Hosting Organisation or by

third parties in connection therewith, to any person other than a person who is

employed or engaged by the Successful Bidder or its subcontractors in carrying out

the Contract.

19.2 The Successful Bidder or its subcontractors shall not at any time before, during and

after the Event, without prior written consent of the Hosting Organisation, publish

either alone or in conjunction with any other person, in any newspaper, magazine,

periodical, film, video or other medium, any article, photograph or illustration

relating to the subject matter of the Contract.

20. INDEMNITY

20.1 Insofar as permitted by law, the Hosting Organisation shall not be liable or in

respect of any damages or compensation under Fatal Accidents Ordinance (Cap.

22), the Employees’ Compensation Ordinance (Cap.282), the Occupiers Liability

Ordinance (Cap. 314), or at common law by or in consequence of any accident,

injury, or death to any workman or other persons in the employment of the

Successful Bidder or its subcontractors and the Successful Bidder shall indemnify

and keep indemnified the Hosting Organisation against all claims, demands,

proceedings, costs, charges and expenses whatsoever in respect thereof or in relation

thereof.

20.2 The Hosting Organisation shall not be liable or responsible for any expenses which

may be incurred by the Successful Bidder or its subcontractors in relation to the

damage or loss (including wear and tear) of equipment used in the production of the

deliverables mentioned herein

21. INSURANCE

The Successful Tenderer shall acquire and maintain throughout the contract period solely

at its own costs the public liability insurance against any and all damages, losses,

liabilities, claims, demands, proceedings, costs and expenses whatsoever in respect of any

personal injury to or the death of any person whatsoever and in respect of any loss,


destruction, injury and damage whatsoever to any property, real or personal, arising out of

or in connection with the services with an insured amount of not less than Hong Kong

Dollars Ten Million (HK$10,000,000) for any one occurrence with unlimited number of

claims for the contract period with the Hosting Organisation names as “Co-insured”. The

insurance policies should be maintained with a reputable insurance company acceptable to

the Hosting Organisation and authorised under the Insurance Companies Ordinance (Cap.

41)

22. DISCRIMINATION

The Successful Bidder or its subcontractors are required to check all work submitted to the

Hosting Organisation and all publications or materials to ensure these items do not

discriminate against a person on the ground of gender, disability, family status and race.

23. DECLARATION OF INTEREST

On appointment and during the course for the project, the Successful Bidder or its

subcontractors will be required to declare any interest which it and / or its associate and /

or group companies and/or the project manager and/or the members of the project team

and/or close relatives of any of them have if that interest is in real or apparent conflict with

their duties to be performed in relation to the project and shall not undertake any services

which could give rise to a conflict of interest.

24. PROHIBITED EMPOYMENT OF ILLEGAL WORKERS AND COMPLIANCE

WITH RELEVANT ORDINANCES ON EMPLOYMENT

The Successful Bidder or its subcontractors shall undertake not to employ illegal workers

and to comply with employment related ordinances including but not limited to, the

Employment Ordinance (Cap. 57), the Employees’ Compensation Ordinance (Cap. 282),

the Minimum Wage Ordinance (Cap. 608) and any other applicable ordinances and

regulations in the execution of this Contract.

25. PREVENTION OF BRIBERY

The Successful Bidder or its subcontractors or any employee of the successful bidder or its

subcontractors shall not commit any offence under the Prevention of Bribery Ordinance

(Cap. 201) or any subsidiary legislation made thereunder or under any law of a similar

nature in relation to the Contract or any other government contracts.


26. PERSONAL DATA PROVIDED

26.1 The personal data of any individual provided in a quotation by a Bidder will be used

for evaluation and contract award purposes.

26.2 By submitting a quotation, a Bidder and all data subject are regarded to have

acknowledged and agreed that personal data provided in the quotation may be

disclosed to other government departments and non-government organisations.

26.3 An individual and a person authorised by him have the right of access and

correction with respect to personal data as provided for in Sections 18 and 22 and

principle 6 of Schedule 1 of the Personal Data (Privacy) Ordinance (Cap. 486). The

right of access includes the right to obtain a copy of the personal data provided in

the quotation.

26.4 Enquiries concerning personal data collected by means of the quotations, including

the making of access and corrections, should be addressed to the South China

Athletic Association, 88, Caroline Hill Road, So Kon Po, Causeway Bay, Hong

Kong.

27. NEW INFORMATION RELEVANT TO QUALIFIED STATUS

Bidders should inform the Hosting Organisation in writing immediately of any factor

which might affect their qualified status as an enlisted supplier with the Hosting

Organisation, or as a qualified supplier for a particular service. The Hosting Organisation

reserves the right to review their qualified status in the light of any new information

relevant to their qualification.

28. CANCELLATION OF QUOTATION

Without prejudice to the Hosting Organisation’s right to cancel the quotation exercise,

where there are changes of requirement after quotation closing date for operational or

whatever reasons, the Hosting Organisation is not bound to accept any conforming

quotation and reserves the right to cancel the invitation of quotation exercise.

29. WARRANTY AGAINST COLLUSION

29.1 By submitting a quotation, a Bidder represents and warrants to the Hosting

Organisation that in relation to the Invitation to Quotation –


(a) it has not communicated and will not communicate to any person other than the

Hosting Organisation the price or any pricing information submitted in its

quotation;

(b) it has not fixed and will not fix the price or any part thereof submitted in its

quotation by agreement or arrangement with any person;

(c) it has not made and will not make any agreement or arrangement with any

person as to whether it or that other person will or will not submit a quotation;

and

(d) it has not otherwise colluded and will not otherwise collude with any person in

any manner whatsoever in the quotation process.

29.2 In the event that a Bidder is in breach of any of its representations and/or warranties

in Clause 29.1 above, the Hosting Organisation shall be entitled to, without

compensation to any person or liability on the part of the Hosting Organisation,

(a) reject the Bidder’s quotation;

(b) if the Hosting Organisation has accepted the quotation, revoke its acceptance

of the quotation; and

(c) if the Hosting Organisation has entered in to the Contract with the Bidder,

terminate the Contract.

29.3 By submitting a quotation, a Bidder undertakes to indemnify and keep indemnified

the Hosting Organisation again all losses, damages, costs or expenses arising out of

or in relation to any breach of any of the representations and/or warranties in Clause

29.1 above.

29.4 A breach by a Bidder of any of its representations and/or warranties in Clause 29.1

above may be taken into account in any future quotations invited by the Hosting

Organisation.

29.5 Clause 29.1 above shall have no application to Bidder’s communications in strict

confidence with its own insurers or brokers to obtain an insurance quotation for

computation of the prices quoted in its quotation, or with its professional advisers,

consultants or sub-contractors to solicit their assistance in preparation of its

quotation.

29.6 The rights of the Hosting Organisation under Clause 29.2 to 29.4 are in addition to

and without prejudice to any other rights or remedies available to the Hosting

Organisation against the Bidder.


30. SOFTWARE ASSET MANAGEMENT

30.1 The Successful Bidder shall at all times during the Contract period exercise due

diligence in software asset management and as and when required by the Hosting

Organisation, furnish to the Hosting Organisation satisfactory evidence that this

sub-clause has been complied with.

30.2 The Successful Bidder warrants and undertakes that the use of any software by the

Successful Bidder for the purpose of or otherwise in connection with the

performance of this Contract shall not infringe any intellectual property rights

(including without limitation any patent, copyright, registered design or trademark)

of any third party.

30.3 The Successful Bidder shall notify the Hosting Organisation immediately in writing

of any allegations, claims, actions and/or proceedings in respect of such

infringement and any progress thereof from time to time.

30.4 If the Successful Bidder’s use of the software for the purpose of or otherwise in

connection with the performance of this Contract is held by a court to constitute an

infringement of a third party’s intellectual property rights (including without

limitation any patent, copyright, registered design or trademark), the Hosting

Organisation may terminate this Contract forthwith by giving notice in writing to

the Successful Bidder and recover from the Successful Bidder the amount of any

loss or damage sustained or incurred by the Hosting Organisation as a consequence

of such termination.

31. QUOTATION ADDENDA

Should the Hosting Organisation require any amendments, clarifications or adjustments to

be made to the Quotation Documents before the Quotation Closing Date, the Hosting

Organisation may do so by issuing numbered addenda giving full details of such

amendment, clarification or adjustment. The Bidder shall acknowledge receipt of these

addenda. These addenda if comprising an amendment, clarification or adjustment to any

provisions of the Contract, shall form a part of the Contract and shall take priority over the

documents previously issued.


32. CONTRACTS (RIGHTS OF THIRD PARTIES) ORDINANCE, Cap. 623

The parties hereby declare that nothing in this Contract confers or purports to confer on

any third party any benefit or any right to enforce any term of this Contract pursuant to the

Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong).

33. ENQUIRIES

Any enquiries from Bidders concerning this set of quotation documents up to the date of

lodging their quotations with the Hosting Organisation shall be in writing and shall be

submitted to -–

Contact: Miss Sherman CHEUNG

Liaison Officer

South China Athletic Association

Tel: 28300926

Fax: 28909304

Email: [email protected]


Annex III

CONSENT TO DISCLOSURE

I/We*, the undersigned hereby authorise South China Athletic Association to

disclose my/our data and/or information in connection with the following tender to

relating parties.

1. Tender for the Provision of Services to a Special Event on Event Management for

the Carnival (ref: YCG/HQ/T/001-EMC);

Signed by (with company chop):

Date:

* Delete whichever does not apply