Standard Notes to Tenderers for NEC ECC Projects

DEVELOPMENT BUREAU
LIBRARY OF
STANDARD NOTES TO TENDERERS FOR NEC ECC
Index
NTT 1
Location of tender box
NTT 2
Pre-tender meeting
NTT 3
Clarifications from Project Manager designate
NTT 4
Check list for tenders deposited in the tender box
NTT 5
Destruction of documents
NTT 6
Changes in status of qualifications
NTT 7
Formula Approach
NTT 8
Marking Scheme Approach
NTT 9
Procedures for opening tenders
NTT 10
Bid challenge (WTO GPA)
NTT 11
Assessment of EMSTF offer
NTT 12
Assessment of Section Subject to Excision
NTT 13
MTRC indemnity
NTT 14
Electronic submission
NTT 15
Site cleanliness and tidiness

Daily Cleaning and Weekly Tidying
NTT 16
Site Safety Cycle
NTT 17
Constraints on Project Managers power
NTT 18
Regulating actions on inappropriate conducts
NTT 19
Proof of plant ownership
NTT 20
Net present value analysis
NTT 21
Trip Ticket System
NTT 22
Systematic Risk Management
NTT 23
Risk Register
NTT 24
Waste Disposal (Charges for Disposal of Construction Waste) Regulation
NTT 25
Environmental management
NTT 26
Non-contractual partnering
NTT 27
Tree preservation
Library of Standard Notes to Tenderers for NEC ECC (17.10.2016)
Page 1 of 36
NTT 28
Professional indemnity insurance
NTT 29 Employing Site Personnel for this contract and payment of Site Personnels
wages
NTT 30 Reimbursement of mandatory provident fund (MPF) contribution
NTT 31 Regulating actions on poor records of non-payment of wages to site
workers by the Contractor
NTT 32 Reimbursement of actual payment made by the Contractor to Labour
Relations Officer
NTT 33 Limiting the tiers of subcontracting
NTT 34 Regulating action (serious incident or conviction for site safety or
environmental offences)
NTT 35 Mechanical dump truck covers
NTT 36 Anti-collusion
NTT 37 Provision of uniform for Site Personnel
NTT 38 Contingency sums, provisional sums and forecast total of the Prices
NTT 39 Employers power to reduce contingency sums for compensation events
NTT 40 Contractor Cooperative Training Scheme (CCTS)
NTT 41 Employment of Graduates of the Enhanced Construction Manpower Training
Scheme (ECMTS)
NTT 42 Dispute Resolution Advisor system

NTT 43 Pay for Safety Performance Merit Scheme
NTT 44 Tree pruning works
NTT 45 Use of non-road mobile machinery approved under the Air Pollution Control
(Non-road Mobile Machinery) (Emission) Regulation
NTT 46 Conditions of contract

NTT 47 Defined Cost, Fee, Prices, Prices for Work Done to Date and the Contractors
share
alternatives
Page 2 of 36
Clause
Remarks/Guidelines
NTT 1 Location of tender box

*[The tender box is located at the Lobby of the Public
Entrance on the Ground Floor, East Wing, Central
Government Offices, 2 Tim Mei Avenue, Tamar,
Hong Kong..]1
* Delete as appropriate.
1
For tenders to be opened by the tender
opening teams of the Central Tender

Board. Any interim arrangement is subject
to review and update by FSTB
periodically. Project officers are required
to check the latest arrangement.
*[The tender box is located in Room 4128f on the

st
41 Floor, Queensway Government Offices, 66

Queensway, Hong Kong.]2
For tenders to be opened by the tender
opening teams of the Public Works Tender

Board
NTT 2 Pre-tender meeting [Optional Clause]

(1)
The date, time and venue of the pre-tender
meeting are as follows:
WBTC No. 4/92
Date:
Time:
Venue:
(2)
The
tenderer
shall
make
his
own
arrangement of the transportation for attending the

pre-tender meeting.
(3)
The tenderer is required to complete the
Reply Slip at Appendix [insert appropriate reference]

to these Notes to Tenderers to confirm if he will
attend the pre-tender meeting and nominate his
representatives (not more than [insert appropriate
number] persons) who will attend the pre-tender
meeting. The completed Reply Slip is required to be
submitted to the Project Manager designate by fax
and post at the fax number and address stated in the
Reply Slip by 5:00 p.m. on [insert appropriate date].
Page 3 of 36
Clause
Remarks/Guidelines
NTT 3 Clarification from Project Manager Designate

Should the tenderer for any reason whatsoever be in
Advice directing tenderers to submit any
doubt about the precise meaning of any item or figure

contained in the documents he shall seek clarification
from the Project Manager designate [Insert post title
queries about the particulars of the tender

documents to the Project Manager
designate preparing the tender documents
of Government officer / company name and contact

details as appropriates.]
(the contact telephone and fax numbers

for enquiries should be included).
NTT 4 Check list for tenders deposited in the tender box

(1)
Before the tender is sealed and delivered to
the *Government Secretariat Tender Box / *Public

Works Tender Box, please check the following:
(a) The tender has been properly signed and the
signature witnessed.
* Delete where appropriate.

# Please update
appropriate.
the
figure
where
Please refer to Appendix 5.8 of Chapter 5

of the Project Administration Handbook).
(b) All the documents issued with or requested in the

tender such as acknowledgements of receipt of
corrigenda or addenda, are properly completed and
attached to the tender.
(c) Copies of the Form of Tender, Contract Data Part
two, and priced *bill of quantities / *activity schedule
are attached to [*the tender / * Tender Price
Documents]. The *Central Tender Board / *Public
Works Tender Board will make copies of the Form of
Tender, Contract Data Part two, and priced *bill of
quantities / *activity schedule on behalf of tenderers
who have failed to submit copies of such documents
and a charge of *[#$10] /*[#$14] or such amount as
advised by the *Secretary for Financial Services and
the Treasury / *Chairman of the Public Works Tender
Board periodically will be levied for each page so
copied.
(d) The envelope or cover holding the tender does not
Page 4 of 36
Clause
Remarks/Guidelines
bear the name of the tenderer but the tender reference

or contract number and the closing date should be
shown on the cover.
(2)
The tenderer should also note the following:
(a) Unless otherwise indicated, plans and drawings

issued with the tender documents shall not be
returned and deposited in the *Government
Secretariat Tender Box / *Public Works Tender Box,
such drawings are to be returned to the issuing office
after submission of the tender.
(b) Samples, if called for, should be submitted
separately to the issuing office inviting the tenders
with the tender reference or contract number
indicated clearly on the cover, and should not be
deposited in the *Government Secretariat Tender Box
/ *Public Works Tender Box.
(c) The tender that is bulky should be wrapped
properly with strong paper which is unlikely to break
when the tender is being deposited in the Tender Box.
The tender with a size exceeding 0.1m and a
thickness of more than 30cm should be separated into
smaller parcels, each parcel to be properly labelled.
(d) For tender submission in electronic format, the
tender opening team will make copies of the required
documents on behalf of the tenderer who has failed to
submit the required duplicate in electronic format.
The tenderer may be asked to bear the cost of making
the duplicate at a charge of [#$49] per electronic file
and a material charge of [#$1.1] per CD-ROM and
[#$1.3] per 4.7GB DVD+/-R, or such amount as
advised by the *Secretary for Financial Services and
the Treasury / *Chairman of the Public Works Tender
Board periodically will be levied for each duplicate
so made.
Page 5 of 36
Clause
(3)
Remarks/Guidelines
Please allow adequate time for your tender
to be delivered to the *Government Secretariat

Tender Box / *Public Works Tender Box. The Tender
Box is closed on the tender closing day, which will be
a Friday, as soon as the 12:00 noon time signal is
broadcast by a local radio channel and the staff of the
*Central Tender Board / *Public Works Tender Board
are under strict instruction not to accept the tender
that is delivered after the closing time. However, if a
rainstorm black warning or typhoon signal No. 8 or
above is hoisted between 9 a.m. and 12 noon on the
tender closing day, the tender closing time will be
extended to 12 noon on the first working day of the
following week. An announcement of the extension
of the tender closing time will be made through the
radio (by the Financial Services and the Treasury
Bureau) immediately after 9 a.m. or immediately
after the signal/warning has been hoisted. In order to
ensure that your tender is deposited in the Tender Box
well before the closing time, you should as far as
possible arrange for the tender to be deposited before
the closing date.
(4)
The tenderer may rest assured that no person
is allowed access to the tender that has been deposited

in the *Government Secretariat Tender Box / *Public
Works Tender Box until after the closing time when
they will be removed by authorized personnel.
NTT 5 Destruction of documents
Documents of unsuccessful tenderers may be
1
destroyed *three months /three years after the date

this contract has been awarded.
Advice to tenderers that documents of

unsuccessful tenderers will be destroyed
at certain time after the date of the
contract has been awarded and the
agreement signed (See SPR 530).
*
Delete where appropriate
Page 6 of 36
Clause
Remarks/Guidelines
1
for tenders not covered by WTO GPA.
for tenders covered by WTO GPA.

(See DEVB TCW No. 2/2014)
Before destruction, Project Offices are

required to check whether on-going
disputes may require retention of these
documents as evidence. Please consult
LAD(W) if in doubt.
NTT 6 Changes in status of qualifications
The tenderer should inform the Government in his
Advice to tenderers to inform the
tender submission of any factor which might affect
Government of any factor which might
his status of qualifications.

The Government
reserves the right to review the tenderers qualified
status in the light of any new information relevant to
his qualifications.
affect the tenderers qualified status (See

SPR 330).
NTT 7 Formula Approach [Optional Clause]

(1) Tenders will be evaluated in accordance with
the formula approach set out below. Tenderers
should note DEVB TC(W) No. 4/2014 which sets
out the use of the Formula Approach for tender
evaluation.
Tenderers shall note that the
Government is not bound to accept the tender with
the highest overall score or any tender and may
cancel the tender exercise on public interest
ground. In considering the acceptance of a
tender, the Government will take account of all
relevant circumstances including the following :(i) The overall score;
(ii) The effect of incident of payments by
discounting future payments to obtain the
present values and use the present values
to substitute the forecast total of the
Prices in determining the ranking of the
tenders, if the forecast total of the
Prices/overall scores are very close;
To be used for tender evaluation using

Formula Approach.
Please refer to DEVB TCW No. 4/2014.

** For use in tenders which EMSTF is
eligible to bid
Page 7 of 36
Clause
Remarks/Guidelines
(iii)The effect of exceptionally high or low

priced items;
(iv)The tenderers capability (financially,
commercially and technically) in
undertaking this contract.
For the
avoidance of doubt, matters such as
bankruptcy, false declaration, lack of
integrity, acts of dishonesty, the latest
available information and reports
reflecting serious shortfall in performance
and the latest available information and
reports relating to serious site safety or
environmental incidents may be taken
into account in determining whether a
tenderer is fully capable of undertaking
this contract [**. For tenders submitted
by
EMSTF,
the
letters
of
non-compliance issued by the relevant
regulatory authorities shall also be treated
as conviction records]; and
(v) The effect of erratic pricing determined in
accordance with Clause GCT 14 of the
General Conditions of Tender.
[Set out the details of the Stage I Screening and all

the minimum requirements where applicable and the
consequences of failing Stage I Screening.]
(2)
The Formula Approach for tender
evaluation will take into account the forecast total of
the Prices and the tenderers past performance under
public works contracts. With respect to each
conforming tender, a combined price and
performance (overall) score will be worked out in
accordance with the formula below. Normally, the
tender with the highest overall score should be
Page 8 of 36
Clause
Remarks/Guidelines
recommended for acceptance, subject to the usual

requirement that the procuring department is satisfied
that the recommended tenderer is fully capable
(including technically, commercially and financially)
of undertaking this contract, and that the
recommended tender is the most advantageous to the
Government in accordance with the tender
provisions.
the lowest forecast total of the Prices

among those conforming tenders
60 x
the forecast total of the Prices
of the tenderer
+ 40 x
the tenderers performance score

the highest performance score among
those conforming tenders
(3)
For the purpose of calculation using the
formulae above, a conforming tender means a tender
which
(a) conforms to the essential requirements of the
tender documentation; *and
(b) is submitted by a tenderer which complies with
the conditions of participation*. / *; and
*(c) has passed the Stage I Screening where
applicable.
A conforming tender with abnormally low or high

tendered total of the Prices or which is considered
unsuitable for recommendation for the award of this
contract (such as financially, commercially or
Page 9 of 36
Clause
Remarks/Guidelines
technically incompetent) remains to be a conforming

tender.
(4)
The performance score in the above
formulae for each tenderer is the sum of the
performance rating and the safety rating as
explained below.
(5)
The performance rating means the
performance rating held in the DEVBs Contractors
Performance Index System (CMIS) on the original
date set for the return of tenders or, if this has been
extended, the extended date. The maximum rating in
the CMIS is 100. If a tenderer has been enlisted by
way of substitution, the performance rating of this
tenderer as recorded in the CMIS will take into
account the past performance of the previous
contractor. If a tenderer does not have a rating on the
particular date, he shall be assigned an average rating
based on the ratings of the other tenderers who have
submitted a conforming tender. For joint venture
tenderers, the performance rating shall be the
weighted average of the performance ratings of the
participants or shareholders in accordance with their
shares of work by value. If no performance records
are available to a participant/shareholder of a joint
venture, the rating of this joint venture shall be taken
as the rating of the other participant/shareholder. If
there are more than one other participant/shareholder
in this joint venture, the performance rating of this
joint venture shall be the weighted average of the
performance ratings of the remaining other
participants/shareholders in accordance with their
shares of work by value.
Page 10 of 36
Clause
Remarks/Guidelines
(6)
The safety rating is worked out from the
past accident rates under public works contracts as
per the accident and records of man-hours worked
kept in DEVBs PWP Construction Site Safety &
Environmental Statistics (PCSES) for three 12-month
periods fixed by reference to the original date set for
the close of tender or, if this has been extended, the
extended date, according to the method below:
The three 12-month periods shall end on the last day

of the calendar month immediately preceding the
dates being 2 months (1st 12-month period), 14
months (2nd 12-month period) and 26 months (3rd
12-month period) respectively counting back from
but excluding the original date set for the close of
tender or, if this has been extended, the extended date.
A table showing the three 12-month periods and
measuring dates for tender closing dates is given
below for illustration purpose.
(7)
The following formula shall be used for
calculating the accident rates for the concerned
12-month periods:
Page 11 of 36
Clause
Accident
Rate =
Remarks/Guidelines
(No. of non-fatal
reportable
accidents1 in the
period)
(No. of fatal
accidents in the
period)
Total no. of man-hours worked in the

period/100,000 man-hours
Reportable accidents mean those accidents

resulting in an injury with incapacity for more than
three days and all fatal accidents.
(8)
For safety rating, the maximum total is
7.5 for the total of the three 12-month periods for the
first, second and third 12-month periods respectively.
Each tenderers safety rating is worked out by
reference to the table below and shall be the sum of
the three ratings corresponding to the three 12-month
periods.
Tenderers
Rating
Accident Rate*
accident
rate
2nd
3rd
12-month
12-month
12-month
3.7500
2.2500
1.500
2.8125
1.6875
1.1250
1.8750
1.1250
0.7500
0.9375
0.5625
0.3750
st
25% of the limit #

25% of the limit <
accident
rate
50% of the limit

50% of the limit <
accident
rate
75% of the limit

75% of the limit <
accident
rate
100% of the limit

accident
rate
100% of the limit
>
Page 12 of 36
Clause
Remarks/Guidelines
* The unit of accident rate is number of accident per

100,000 man-hours worked.
# The limit of accident rate currently set by DEVB
is 0.6.
(9)
If a tenderer does not have an accident rate
for a particular 12-month period (on the ground of no
man-hour worked for that period), the accident rate to
be used for that period shall be the average of
accident rates for the other two periods. If a tenderer
has an accident rate for one of the three 12-month
periods only, that accident rate shall be used for
calculating the safety rating for the other two
12-month periods.
(10)
For tenderers without any accident rate for
the past three 12-month periods, the safety rating
shall be the overall average safety rating attained by
the other tenderers who have submitted a conforming
tender.
(11)
For joint venture tenderers, the safety rating
shall be the weighted average (in accordance with
their shares of work by value) of the safety ratings of
the individual participants or shareholders which shall
each be calculated in the above manner.
(12)
Where there are two participants/
shareholders in a joint venture and there are no
accident rates for the past three 12-month periods for
a participant/shareholder, the safety rating of this joint
venture for that particular period shall be the safety
Page 13 of 36
Clause
Remarks/Guidelines
rating attained by the other participant/shareholder of

this joint venture with accident rates. If there are
more than one other participant/shareholder in this
joint venture, the safety rating of this joint venture
shall be the weighted average of the safety rating of
those other participants/shareholders in accordance
with their shares of the work by value.
(13)
If none of the participants/shareholders of a
joint venture has any accident rate for the past three
12-month periods, the safety rating of this joint
venture shall be the average safety rating attained by
the other tenderers who have submitted a conforming
tender.
(14)
In calculating the accident rates of each
participant/shareholder of a past/existing joint venture
contract, the accident rates of the whole joint venture
contract shall be used and attributed to the
participant/shareholder irrespective of his share of the
work in the past/existing joint venture contract.
(15)
For tenders invited from contractors of the
Buildings category, the accident rates for completed
and on-going contracts in the Buildings category only
will be used in the calculation of the accident rates
and the safety ratings for the assessment of tenders.
For tenders invited from contractors from any
category/categories other than the Buildings category,
the accident rates for completed and on-going
contracts in non-Buildings categories (i.e. all other
categories) will be used. For tenders invited from
contractors in more than one category including the
Buildings category, the accident rates for all
completed and on-going contracts in all categories
Page 14 of 36
Clause
Remarks/Guidelines
will be used.
(16)
For tenders with a forecast total of the
Prices, if the tendered sums or the overall scores of
the top few tenders are very close (usually the three
with the highest overall score), the procuring
department should consider discounting future
payments to obtain the present value and use the
present value instead of the forecast total of the Prices
in determining the ranking of the tenders. This
calculation exercise should only apply to those top
few tenders.
NTT 8 Marking Scheme Approach [Optional Clause]

(1) Tenderers should note that tenders will be
evaluated in accordance with the Marking Scheme
at Appendix [insert appropriate reference] to these
Notes to Tenderers. Tenderers should note DEVB
TC(W) No. 4/2014 which sets out the use of
Marking Scheme Approach for tender evaluation.
Tenderers shall note that the Government is not
bound to accept the tender with the highest overall
score or any tender and may cancel the tender
exercise on public interest ground. In considering
the acceptance of a tender, the Government will
take account of all relevant circumstances
including the following :(i) The overall score;
(ii) The effect of incident of payments by
discounting future payments to obtain the
present values and use the present values
to substitute the forecast total of the
Prices in determining the ranking of the
tenders, if the tender prices/overall scores
are very close;
To be used for tender evaluation using

Marking Scheme Approach.
** For use in tenders which EMSTF is
eligible to bid
#Please insert appropriate reference.
Page 15 of 36
Clause
Remarks/Guidelines
(iii) The effect of exceptionally high or low

priced items;
(iv) The tenderers capability (financially,
commercially and technically) in
undertaking this contract.
For the
avoidance of doubt, matters such as
bankruptcy, false declaration, lack of
integrity, acts of dishonesty, the latest
available information and reports
reflecting serious shortfall in performance
and the latest available information and
reports relating to serious site safety or
environmental incidents may be taken
into account in determining whether a
tenderer is fully capable of undertaking
this contract [**. For tenders submitted
by
EMSTF,
the
letters
of
non-compliance issued by the relevant
regulatory authorities shall also be treated
as conviction records]; *and
(v) *The effect of erratic pricing determined
in accordance with Clause GCT 14 of the
General Conditions of Tender.
(2) Tenderers are required to make a Technical
Submission in accordance with Clause GCT 4 of
the General Conditions of Tender, which will be
taken into account in the tender evaluation. The
submissions on technical resources and technical
proposals shall form part of this contract. The
tendered total of the Prices submitted in the tender,
subject to the correction(s) in accordance with
Clause [#GCT 11] of the General Conditions of
Tender where appropriate, is deemed to be
inclusive of the execution of the works in
accordance with the tender submissions on
technical resources and technical proposals.
Page 16 of 36
Clause
Remarks/Guidelines
Tenderers shall ensure that it is legally and

physically possible to execute the works in
accordance with the tender submissions on
technical resources and technical proposals.
Should the Contractor for any reason be unable to
adhere to the tender submissions on technical
resources and technical proposals, any cost savings
to the Contractor arising therefrom shall be
determined by the Project Manager and deducted
from the Prices in accordance with Clause [#A2]
of the additional conditions of contract.
Tenderers attention is drawn to Clause [#A2] of
the additional conditions of contract.
(3)
The respective weights for price and technical
score are 60/40. The overall score for each
conforming tender is determined according to the
formula below. Normally, the tender with the highest
overall score would be recommended for acceptance
subject to the requirement that the procuring
department is satisfied that the recommended tenderer
is fully (including technically, commercially and
financially) capable of undertaking this contract, and
that the recommended tender is the most
advantageous to the Government in accordance with
the tender provisions.
the lowest forecast total of the Prices
among those conforming tenders
60 x
the forecast total of the Prices
of the tenderer
+ 40 x
the tenderers technical score

the highest technical score among those
conforming tenders
Page 17 of 36
Clause
Remarks/Guidelines
(4) For the purpose of calculation using the

formula above, a conforming tender means a tender
which
(a) conforms to essential requirements of the tender
documentation;
(b) is submitted by a tenderer which complies with
the conditions of participation;
(c) has passed the Stage I Screening; and
(d) in respect of his Technical Submission, has
satisfied the passing marks requirements.
A conforming tender with abnormally low or high
tendered total of the Prices or a conforming tender
considered unsuitable for recommendation for the
award of this contract (such as financially,
commercially or technically incompetent) remains to
be a conforming tender.
(5) For tenders with a forecast total of the Prices,
if the tendered sums or the overall scores of the top
few tenders are very close (usually the three with the
highest overall score), the procuring department
should consider discounting future payments to
obtain the present value and use the present value
instead of the forecast total of the Prices in
determining the ranking of the tenders. This
calculation exercise should only apply to those top
few tenders.
[Please disclose the full marking scheme including
Stage I Screening where applicable. Disclose the
weighting of each attribute in the technical
evaluation, the marking standard and the assessment
criteria.
The information provided should be
similar to those shown in Appendix C1 in DEVB
TC(W) No. 4/2014, as well as any additional
qualification requirements on tenderers as part of
Page 18 of 36
Clause
Remarks/Guidelines
the Stage I Screening and/or any criteria of

assessment specific to the needs of the contract.
The consequences of failing Stage I Screening
should be clearly stated.]
NTT 9
Procedures for opening tenders
Tenders will be opened by the tender opening team of

the [insert name of tender board] at 12 noon on the
date set for the close of tender or, if this has been
extended, the extended date at [insert location of
tender box].
NTT 10
Bid challenge (WTO GPA) [Optional Clause]
(1) This tender is covered by the Agreement on
Advice to tenderers of the bid challenge
Government Procurement of the World Trade

Organization (WTO GPA) and the provisions of the
WTO GPA will apply to this tender. Tenderers are
requested to note that a Review Body on Bid
Challenges (under WTO GPA) (the Review Body)
has been set up by the Government to deal with
challenges made against alleged breaches of the
WTO GPA and the relevant procedures for handling
bid challenges are set out in the Rules of Operation
of the Review Body (the Rules), which are
available for inspection at the Secretariat of the
Review Body located at the Trade and Industry
Department or which may be sent to the interested
parties upon request. In the event that a tenderer
believes that a breach of the WTO GPA had
occurred, the tenderer may, within 10 working days
after he/she knew or reasonably should have known
the basis of the challenge, lodge a challenge to the
Review Body on the alleged breaches of the WTO
GPA. Nevertheless, the tenderer is encouraged to
seek resolution of its complaint in consultation with
the procuring department before lodging a complaint
system under the WTO GPA (see SPR

Appendix III(E)1). Only needed for
tenders governed by WTO GPA.
Page 19 of 36
Clause
Remarks/Guidelines
to the Review Body.

In such instances, the
procuring department shall accord impartial and
timely consideration to any such complaint, in a
manner that is not prejudicial to obtaining corrective
measures through the Review Body.
(2)
Tenderers are also to note that the Review
Body may receive and consider a late challenge but a

challenge shall not be considered if it is filed later
than 30 days after the basis of the challenge is known
or reasonably should have been known.
NTT 11 Assessment of EMSTF offer [Optional Clause]
(1)
Tenderers should note that tenders are
Advice to tenderers about assessment of
invited from contractors/suppliers* in both the private

and public sectors including department(s) of the
Government of the Hong Kong Special
Administrative Region whose operation of the
services is managed and accounted for by trading
funds established pursuant to the Trading Funds
Ordinance, Cap. 430 (hereafter referred to as the
relevant trading fund department).
EMSTFs (Electrical and Mechanical

Services Trading Fund) offer (see SPR
Appendix III(E)2, FC 7/2014 & WBTC
No. 25/2001). This is to be used if
Trading Fund is invited to tender.
(2)
* delete as appropriate.
All tenders will be evaluated on a fair basis.
Every effort has been and will be made by the

Government to ensure that the relevant trading fund
department would not undertake both the role of
consultant and contractor in this tendering exercise
and where appropriate, independent consultant has
been or will be engaged for the preparation of the
tender documents, assessment of tenders and
subsequent monitoring on the performance of the
contractor/supplier*.
(3)
The Electrical and Mechanical Services
Trading Fund (EMSTF) may submit a tender for this

contract. A code of conduct for staff of the
Electrical and Mechanical Services Department
Page 20 of 36
Clause
Remarks/Guidelines
seconded to other department(s) is also in place for

the staff to observe to avoid conflict of interest and is
available for inspection by tenderers.
NTT 12 Assessment of Section Subject to Excision [Optional Clause]

Tenderers are advised that if, by the time a tender
recommendation is made, the Government has
decided not to proceed with the work contained
within the Section Subject to Excision as defined in
sub-clause (1) of Clause [B5]# of the additional
conditions of contract, then the tendered price for that
section shall be deducted from the forecast total of the
Prices and the net value shall be taken for the
purposes of tender evaluation.
Insert the relevant clause number of the
clause of the additional conditions of contract

regarding Section Subject to Excision.
DEVB memo ref. (02B2H-01-5) in

DEVB(W) 510/10/01 dated 9.3.2011 is
relevant.
DEVB memo ref. (02BL7-01-02) in
DEVB(W) 510/10/01 dated 12.4.2011 and
memo ref. (027N7-01-2) in DEVB(W)
510/10/01 dated 29.6.2010 are
also
relevant.
NTT 13 MTRC indemnity [Optional Clause]

Tenderers shall note that part of the works will take
place in the vicinity of the MTR Kowloon-Canton
Railway (Hong Kong) East Rail section, Tsim Sha
Tsui Extension, Lok Ma Chau Spur Line and Ma On
Shan Rail section and that the Contractor shall be
required to complete and return to the MTRCL an
indemnity form and a letter of undertaking in
accordance with Clause [XX]# of the Particular
Specification before being permitted to enter the
railway zone.
Advice
to
tenderers
about
the
requirements to complete the MTRCLs
Indemnity Form and Letter of
Undertaking for works within or adjacent
to the MTR Kowloon-Canton Railway
(Hong Kong) section, Tsim Sha Tsui
Extension, Lok Ma Chau Spur Line and
Ma On Shan Rail section boundaries.
#
Please insert reference clause
reference.
ETWB TCW No. 2/2005
NTT 14 Electronic submission

(1)
Tenderers may submit tenders in traditional
hard copy format or partly in electronic format in
accordance with Clause GCT 4 of the General
Advice to tenderers about electronic

submission of tender returns in removable
Page 21 of 36
Clause
Conditions of Tender. All tenders, whether in hard
copy format or partly in electronic format, will be
evaluated on an equal basis.
(2)
When submitting tenders in electronic
format, tenderers are reminded to digitally sign their
tenders in electronic format, which shall comply with
the requirements set out in Appendix [#]& to these
Remarks/Guidelines
media.
Note:
# Please insert appropriate .
& The requirements have been set out in
Appendix 4 of ETWB TCW No. 11/2005.
Notes to Tenderers.
NTT 15 Site cleanliness and tidiness daily cleaning and weekly tidying [Optional
Clause]
Tenderers should note Clause [D10]# of the
additional conditions of contract and Clause [XX]#
of the Particular Specification on Site Cleanliness
and Tidiness Daily Cleaning and Weekly Tidying
Up of the Site. Separate items are stipulated in the
*bill of quantities/*activity schedule for the cleaning
and tidying up work of the Site, including Public
Cleaning Areas which are required for cleaning
solely by the Contractor and have to be maintained
open to the general public throughout the
construction period. The Particular Specification
shall be strictly enforced by the Project Manager.
(1)
Advice to tenderers about enhanced site

cleanliness and tidiness.
Please refer to DEVB TC(W) No. 8/2010.
(2)
Failure to perform satisfactorily on Daily
Cleaning and Weekly Tidying as specified in this
contract with non-payment for two consecutive
Cleaning Days or Cleaning Week Days, OR more
than two Cleaning Days or Cleaning Week Days in
any rolling five Cleaning Days or Cleaning Week
Days can result in a verbal warning which shall be
recorded in writing. If performance is not improved,
a written warning will be issued which will result in
Poor rating in the item for Cleanliness of Site in
the report on the Contractors performance. If the
performance is still not improved, the Project
Page 22 of 36
Clause
Remarks/Guidelines
Manager may, at his sole discretion, issue further

verbal warning which shall be recorded in writing or
issue further written warning which will result in
Very Poor rating in the item for Cleanliness of
Site in the report on the Contractors performance.
NTT 16 Site Safety Cycle [Optional Clause]

Tenderers should note that this contract includes the
Particular Specification on Site Safety Cycle and the
provision of welfare facilities for workers at
construction sites. Tenderers should also note the
prices for the provision of hard-paved area for the
Pre-work Activities of Site Safety Cycle and the
Advice to tenderers about requirements

for the implementation of Site Safety
Cycle and the provisions of welfare
facilities for worker.
provision of welfare facilities for workers should be

under the Item Temporary Accommodation for the
Contractor# in the *bill of quantities/*activity
Please refer to WBTC No. 30/2002.
# Please update item name.
schedule.
NTT 17 Constraints on Project Managers power

(1)
The tenderers attention is drawn to the
constraints on the Project Managers powers set out
in Clause [B1]# of the additional conditions of
contract.
Please refer to WBTC Nos. 19/2000,

20/2000 and 16/2002, ETWB TCW Nos.
56/2002A and 6/2004, and DEVB TCW
No. 5/2007
(2)
In addition to the above constraints, the
Project Manager is also required under the terms of
his appointment by the Employer to:
(i) refer the details of every change to the
Works Information, including the
reasons for the change and its estimated
change to the Prices due to the
associated compensation event, to the
Employer for information as soon as the
change is ordered;

# Please insert appropriate reference.
(ii) refer the details of the evaluation to the

Employer for information as soon as the
change to the Prices due to the
Page 23 of 36
Clause
Remarks/Guidelines
compensation event associated with the

change to the Works Information has
been determined;
(iii) report to the Employer all compensation
events involving changes to the Prices
and refer to the principles underlying his
assessment of each compensation event
to enable the Employer to provide his
view of the matter before the Project
Manager reaches a decision; and
(iv) report to the Employer all compensation
events involving delays to the
Completion Date and Key Dates and,
except for those delays solely in respect
of inclement weather conditions, refer to
the principles underlying his assessment
of each compensation event to enable
the Employer to provide his view of the
matter before the Project Manager
reaches a decision.
Please add any other constraints as

necessary and specified in the consultancy
agreements other than the above.
NTT 18 Regulating actions on inappropriate conducts

Where the tenderer is involved in any of the
inappropriate conducts as described in paragraph
5.13.1 of the Contractor Management Handbook
Revision B and which gives rise to reasonable
suspicions as to his capability or integrity, regulating
action may be taken against the tenderer in
accordance with the terms thereof.
Advice to tenderers about regulating

actions for withdrawal of tenders within
the tender validity period.
NTT 19 Proof of plant ownership

Tenderers attention is drawn to Clause [D19]# of
the additional conditions of contract on Hired and
Hire-purchase Constructional Plant.
[It is
anticipated that proof of ownership and where
applicable written undertaking from the plant owner
may be required for the following types of
Please refer to ETWB TCW No. 9/2004.
Delete as appropriate.
** Delete the words in square brackets if
Page 24 of 36
Clause
Constructional Plant:
(provide list here)
Tenderers shall note that the above list is not
exhaustive and is given for the tenderers reference
only. The above list shall not form part of this
contract.
The Project Manager may, in
accordance with Clause [D19]# of the additional
conditions of contract, require proof of ownership
and where applicable written undertaking from the
plant owner for any item of Constructional Plant
which may or may not be of a type set out in the
above list.]**
Remarks/Guidelines
it is not considered practicable to
produce a list of Constructional Plant
for inclusion in the tender documents.
#
Please insert appropriate clause
reference.
NTT 20 Net present value analysis

(1) A programme for the purpose of conducting a
net present value analysis in accordance with Note
NTT 7 of these Notes to Tenderers is included in
Appendix [insert appropriate reference] of these
Notes to Tenderers. This programme is for tender
assessment use only and will not form part of this
contract.
(2) The cashflow discount *[rate/rates] to be used
for the aforesaid net present value analysis shall be
[*a% per annum/*as follows :
This is to be included for tenders with a

forecast total of the Prices in conjunction
with NTT 7 (1)(ii).
The programme should include some
guidance notes on the allocation of
preliminary costs and the contingencies
(including
provisional
sums
and
contingency sums) throughout the
contract period to be used in net present
value (NPV) analysis.
The cashflow discount rate/rates shall be
Calendar Year
Cashflow
Discount Rate (per annum)
[Current year]
x%
[Next 4 years]
y%
[6th10th year, if applicable]
z%]
based on the real discount rate (i.e. a%)

for contracts subject to price fluctuation
adjustment or the nominal discount rates
(i.e. x%, y% and z%) for contracts not
subject to price fluctuation adjustment,
(3) The cashflow discount *[rate/rates] provided

herein *[is/are] for tender assessment only and will
not form part of this contract. The cashflow
discount *[rate/rates] shall not be taken as the
economic forecasts by the Government.
applicable on the first publication date of

tender invitation or, where the tender
invitation is not published+, the date of
issuance of the tender invitation, as
announced in Secretary for Financial
Page 25 of 36
Clause
(4) The Government makes no warranties,
representations or statements (whether express or
implied) of any kind whatsoever in relation to the
programme and the cashflow discount *[rate/rates]
provided herein or any part thereof, including any
warranties, representations or statements in respect of
the accuracy, completeness, appropriateness and/or
sufficiency of the same
Remarks/Guidelines
Services and the Treasurys memo to the
departmental STA around March each
year.
*[ ] - Project Offices should include the
former for contracts subject to price
fluctuation adjustment and the latter
for contracts not subject to price
fluctuation adjustment, and delete
the one which is not applicable
accordingly.
+
The tender invitation is not published

where
prequalified
tendering
or
single/restricted tendering is adopted.
Please refer to DEVB memo ref.

DEVB(W) 545/17/01 dated 19.4.2010
NTT 21 Trip Ticket System

The unauthorised disposal of construction and
demolition (C&D) materials from the Site to any
place other than that designated in this contract or
approved or directed by the Project Manager is
forbidden. The tenderer shall refer to the relevant
part of the Particular Specification for detailed
requirements on dealing with disposal of C&D
materials. Failure to observe the requirements will
result in regulating action. The tenderer is referred to
DEVB TC(W) No. 6/2010 on the Trip Ticket
System for Disposal of Construction and Demolition
Materials.
Page 26 of 36
Clause
Remarks/Guidelines
NTT 22 Systematic Risk Management [Optional Clause]

Tenderers should note that Systematic Risk
Management in accordance with ETWB TCW No.
6/2005 and ETWB Risk Management User Manual
has been carried out for the works of this contract and
the risks that the Contractor is required to bear and be
responsible for include without limitation to those
shown in the risk treatment plans attached in
Appendix [insert appropriate reference] of these
Notes to Tenderers. Tenderers should note that the
list is not exhaustive and is given for the tenderers
reference only. The list does not in anyway release
the Contractor from any of his obligations under this
contract. The list shall not form part of this contract.
Please refer to ETWB TCW No. 6/2005.
Project Offices should list the relevant risks in

the Contract Data Part one.
NTT 23 Risk Register

The tenderer should note that the matters to be
included by the Employer in the Risk Register are
included in the Contract Data Part one. The tenderer
should list the additional matters he wishes to be
included in the Risk Register in Contract Data Part
two. The Risk Register will also include the risks
which the Project Manager or the Contractor has
notified as an early warning matter after the award of
this contract in accordance with NEC Clause
11.2(14).
NTT 24 Waste Disposal (Charges for Disposal of Construction Waste) Regulation

Tenderers should note that the Waste Disposal
(Charges for Disposal of Construction Waste)
Regulation made under the Waste Disposal Ordinance
Cap 354 has come into operation since 1 December
2005. Pursuant to Regulation 9, the Contractor who
is awarded this contract should make an application
to the Director of the Environmental Protection
Department to establish a billing account within 21
days after being awarded this contract.
The
Waste Disposal (Charges for Disposal of

Construction Waste) Regulation
The notes are applicable to contracts with

value $1M.

(00W45-01-9) in ETWB(W) 810/72/01
Page 27 of 36
Clause
Contractor shall ensure that the billing account is
used for paying any prescribed charge in respect of
construction waste generated from the construction
works under this contract. Non-compliance of these
provisions are offences under the Regulation.
Remarks/Guidelines
dated 21.11.2005
NTT 25 Environmental management [Optional Clause]

additional conditions of contract on Environmental
Management Plan and the Particular Specification
on Environmental Management for minimising
nuisances and waste generation from the works. In
addition, tenderers should note that all Constructional
Plant powered by diesel fuel working on this contract
must use ultra low sulphur diesel.
Please refer to ETWB TCW No. 19/2005,

with subsequent amendment in June 2006
# Please
reference.
insert
appropriate
clause
NTT 26 Non-contractual partnering [Optional Clause]

Tenderers' attention is drawn to the Employer's
intention to adopt non-binding post-award project
partnering with participation of all stakeholders of the
project. If the non-binding post-award project
partnering is implemented, the costs associated with
the partnering workshops including the services of an
independent professional facilitator are to be shared
equally between the Employer and the Contractor.
Please refer to DEVB Practice Note on

Adoption of Non-contractual Partnering
in Public Works Contracts, June 2006 and
DEVB memo ref. (013YR-01-4) in
ETWB(W) 506/30/02 dated 8.6.2006
The Practice Note is available in
Appendix 5.28 of Chapter 5 of the Project
Administration Handbook.
NTT 27 Tree-preservation [Optional Clause]

Tenderers should note that the Particular
Specification Clause [insert appropriate reference]
requires the Contractor to assign a competent
member of the site supervisory staff to oversee and
supervise the tree works under this contract, and that
such a person should possess the practical experience

as required under the Particular Specification Clause.
NTT 28 Professional indemnity insurance [Optional Clause]

Tenderers' attention is drawn to Clauses *[F5]# and
[*F6]# of the additional conditions of contract
Page 28 of 36
Clause
Remarks/Guidelines
regarding the professional indemnity insurance

requirement in respect of *the Contractors Design
and *the Cost Savings Design under this contract.
Please also refer to DEVB TCW No. 9/2007 for
details of the above.
# Please
reference.
(The following NTT Clauses 29 to 32 are related

(027RU-01-3) in DEVB(W) 510/17/01
dated 16.7.2010.
to Measures on Workers Wages)
insert
appropriate
clause
NTT 29 Employing Site Personnel for this contract and payment of Site Personnels
wages
Tenderers attention is drawn to Clause [E6]# of the
additional conditions of contract requiring all Site
Personnel (as defined in Clause [A1]# of the
additional conditions of contract) engaged in this
contract to be employed under written employment
contracts with either the Contractor or his
subcontractors (irrespective of the tiers) including
Specialist Subcontractors. Self-employed persons
shall be subject to other requirements of this
contract. Tenderers attention is also drawn to the
new requirement and arrangement on payment of
Site Personnels wages set out in Particular
Specification Section [insert appropriate reference].
In the event the Contractor or his subcontractors
including Specialist subcontractors fail to pay
wages to their Site Personnel, the Employer may
pay any wages in arrears to the Site Personnel and
recover the same from any monies due to the
Contractor under this contract.
# Please
reference.
insert
appropriate
clause
NTT 30 Reimbursement of mandatory provident fund (MPF) contribution

additional conditions of contract on the
arrangements in the reimbursement of the
Contractors and his subcontractors contribution to
MPF.
Page 29 of 36
Clause
Remarks/Guidelines
NTT 31 Regulating actions on poor records of non-payment of wages to site

workers by the Contractor
Tenderers attention is drawn to the new regulating
actions introduced in the Contractor Management
Handbook (CMH) on poor records of non-payment
of wages to site workers by contractors. These are
repeated here for ease of reference:CMH Section 5.1.3 Circumstances which
may lead to the taking of regulation actions,
include, but are not limited to:
Add (xix) poor records on non-payment of
workers wages, including those of his
subcontractors. A non-payment of workers
wages record is defined as a claim filed in the
office of the Labour Department and proof
thereof is furnished to the satisfaction of the
Commissioner for Labour, in which the
Contractor or any of his subcontractors,
irrespective of tiers, is liable.
CMH Section 5.2.3(c) Circumstances
warranting mandatory suspension from
tendering in all categories (A time limit for
review to be set in all cases but should not be
longer than six months):Add (vii) poor records on non-payment of
workers wages, including those of his
subcontractors. A non-payment of workers
wages record is defined as a claim filed in the
office of the Labour Department and proof
thereof is furnished to the satisfaction of the
Commissioner for Labour, in which the
Contractor, or any of his subcontractors,
irrespective of tiers, is liable.
Page 30 of 36
Clause
Remarks/Guidelines
NTT 32 Reimbursement of actual payment made by the Contractor to Labour Relations

Officer [Optional Clause]
Tenderers attention is drawn to sub-clause [5A]# of
Clause [E7]# of the additional conditions of
contract on reimbursement of the Contractors actual
payment and payment of the Contractors associated
expenses in providing Labour Relations Officers for
this contract. The Contractor shall be reimbursed
the actual payment made to Labour Relations
Officers and shall also be paid a fee percentage of
the actual payment made to Labour Relations
Officers as the Contractors associated expenses in
providing Labour Relations Officers.
The fee
percentage is same as that inserted by the tenderer in
the Contract Data Part two and is to be used for
arriving at the provisional sum for the Contractors
associated expenses for arriving at the estimated price
in respect of the item for reimbursement of actual
payment made by the Contractor in providing Labour
Relations Officers for tender assessment.
This Clause is only applicable to in-house

contracts.
# Please
reference.
insert
appropriate
clause
NTT 33 Limiting the tiers of subcontracting

Tenderers attention is drawn to the provisions
under Clause [C7]# of the additional conditions of
contract which impose certain restrictions on
subcontracting.
Please refer to DEVB memos ref.

(01TC9-01-5) in DEVB(W) 510/17/01
dated 17.7.2008 and (027RU-01-3) in
DEVB(W) 510/17/01 dated 16.7.2010.
# Please
reference.
insert
appropriate
clause
NTT 34 Regulating action (serious incident or conviction for site safety or environmental
offences)
Tenderers' attention is drawn to Clause [SCT 12]# of
the Special Conditions of Tender requiring a
statement of no conviction or a statement of all
convictions under the Factories and Industrial
Undertakings Ordinance (Cap 59), the Occupational
Safety and Health Ordinance (Cap 509), the Shipping
This Clause is only applicable if Marking

Scheme Approach is used.
Page 31 of 36
Clause
Remarks/Guidelines
and Port Control Ordinance (Cap 313), the Merchant

Shipping (Local Vessels) Ordinance (Cap. 548), the
Air Pollution Control Ordinance (Cap 311), the Noise
Control Ordinance (Cap 400), the Waste Disposal
Ordinance (Cap 354), the Water Pollution Control
Ordinance (Cap 358), the Dumping at Sea Ordinance
(Cap 466), the Ozone Layer Protection Ordinance
(Cap. 403), the Environmental Impact Assessment
Ordinance (Cap. 499), and the Hazardous Chemicals
Control Ordinance (Cap. 595). The statement needed
takes no special form.
NTT 35 Mechanical dump truck covers

(1) Tenderers attention is drawn to Particular
Specification Clause [insert appropriate reference] on
mechanical dump truck covers.

DEVB(W) 810/ 83/09 dated 24.9.2010.
(2) Tenderers should note that there are no separate

items in the *bill of quantities/*activity schedule for
pricing the use of mechanical dump truck covers and
the prices in the *bill of quantities/*activity schedule
shall cover, inter alia, provision of mechanical covers
for dump trucks.
NTT 36 Anti-collusion
Tenderers attention is drawn to the anti-collusion
provisions in Clause GCT 26 of the General
Conditions of Tender.

(02B6J-01-6) in DEVB(W) 510/10/01
dated 24.3.2011.
NTT 37 Provision of uniform for Site Personnel

(1) Tenderers should note Clauses [D23]# and
[D24]# of the additional conditions of contract and
Clause [insert appropriate reference] of the
Particular Specification on Uniform and
Associated Facilities*.
(2) A separate pre-priced item is stipulated in the
*bill of quantities/*activity schedule for the
provision of uniform to the Contractors Site

DEVB(Trg) 133/3 (7) dated 11.5.2011.
Sub-clause (2) is applicable for Options A

and B.
Page 32 of 36
Clause
Personnel (as defined in Clause [A1]# of the
additional
conditions
of
contract)
and
self-employed workers. Monthly audit(s) will be
conducted to determine the Non-compliance Rate
for Uniform in accordance with the Particular
Specification and the monthly instalment payments
for the pre-priced item will be subject to adjustment
based on the Non-compliance Rate for Uniform in
accordance with Clause [D23]# of the additional
conditions of contract.
Remarks/Guidelines
Sub-clause (3) is applicable for Option C
and D.
(3) Monthly audit(s) will be conducted to

determine whether the Contractors Site Personnel
and self-employed workers have worn uniform in
accordance with the Particular Specification and the
associated disallowed cost for any non-compliance.
NTT 38 Contingency sums, provisional sums and forecast total of the Prices
Tenderers' attention is drawn to Clause [GCT 35]#
of the General Conditions of Tender on the
contingency sums, provisional sums and forecast
total of the Prices.
* Delete where appropriate
NTT 39 Employers power to reduce contingency sums for compensation events

[Optional Clause]
Tenderers' attention is drawn to Clause [SCT 15]# of
the Special Conditions of Tender on reduction of
contingency sums for compensation events.
This Clause is to be used where Clause

SCT 15 of the Special Condition of
Tender on "Reduction of contingency
sums for compensation events" is
included.
DEVB(W) 546/70/01 dated 8.8.2011.
NTT 40 Contractor Cooperative Training Scheme (CCTS)

additional conditions of contract on the
implementation of the Contractor Cooperative
Training Scheme (CCTS), requiring the employment
and training of CCTS Trainees in building and civil
Please refer to DEVB memos ref.

DEVB(Trg) 133/4 (9) dated 5.8.2013 and
16.8.2013.
*Delete where appropriate
Page 33 of 36
Clause
Remarks/Guidelines
work trades/electrical and mechanical work trades*

and the employment of CCTS Graduates.
NTT 41 Employment of Graduates of the Enhanced Construction Manpower

Training Scheme (ECMTS)
additional conditions of contract requiring the
Contractor to, within 6 months from the starting date
as notified by the Project Manager, employ for at
least 12 months a minimum total number of ECMTS
Graduates trained by the Construction Industry
Council under its Enhanced Construction Manpower
Training Scheme (ECMTS). ECMTS Graduates
employed by his subcontractors to work on the Site in
accordance with the provisions of Clause [E9]# of the

DEVB(Trg) 133/4 (9) dated 7.12.2012.
# Please
reference.
insert
appropriate
clause
additional conditions of contract shall be counted

towards the said minimum total number.
NTT 42 Dispute Resolution Advisor system [Optional Clause]

(1) This contract incorporates the Dispute Please refer to DEVB memo ref.
Resolution Advisor system as stipulated in the Clause (02BBG-01-5) dated 24.3.2011 and
DEVB(W) 510/83/03 dated 15.10.2014.
[G2]# of the additional conditions of contract.
(2) A list of candidates for the position of Dispute DRA system shall be adopted in all capital
Resolution Advisor (DRA) will be sent to the engineering works contracts subject to the
following selection criteria:
Contractor after the award of this contract.
(a) Civil and E&M engineering capital
works contracts with estimated
contract sums exceeding $500M,
except for those contracts which are of
routine
nature
and
primarily
straightforward.
Approval for
exemption could be given by an
officer of not lower than D2 level of
the procuring department; and
(b) Procuring department should also
consider adopting the system in Civil
and E&M engineering capital works
contracts with estimated contract sums
not exceeding $500M, taking into
Page 34 of 36
Clause
Remarks/Guidelines
account the complexity of the works.

In this regard, the decisions and
justifications as to whether or not the
system is adopted in these contracts
should be properly documented and
endorsed by officers of not lower than
D2 level of the procuring department.
NTT 43 Pay for Safety Performance Merit Scheme [Optional Clause]
Tenderers shall note that besides the task-tied items Please refer to DEVB memo ref.
for the *Pay for Safety Scheme (PFSS)/*Pay for (02LSV-01-1) in DEVB(W) 516/70/03
Safety and Environment Scheme (PFSES), dated 22.11.2013.
performance-tied payment items for the newly
introduced Pay for Safety Performance Merit Scheme * Delete as appropriate.
(PFSPMS) are also included in this contract. ** Amend as appropriate.
Tenderers shall pay attention to Clause [D28]# of the # Please insert appropriate clause
additional conditions of contract on Pay for Safety reference.
Performance Merit Scheme (PFSPMS), the
Assessment Rules and the incentive schedule for
Performance-tied Payment Items of the PFSPMS in
Appendix [insert appropriate reference] to the
Contract Data Part one and Section [insert
appropriate reference] of the Particular Specification
regarding Particular Specification for Site Safety**
for the operation of the PFSPMS.
NTT 44 Tree pruning works [Optional Clause]

Tenderers should note that Clause [insert appropriate Please refer to DEVB memo ref. (36) in
reference] of the Particular Specification requires the L/M to DEVB(GLTM) 302/5/1 dated
Contractor to assign worker(s) with relevant 17.12.2014.
qualification to undertake tree pruning works
involving the use of chainsaw.
NTT 45 Use of non-road mobile machinery approved under the Air Pollution
Control (Non-road Mobile Machinery) (Emission) Regulation [Optional Clause]
additional conditions of contract on the use of
non-road mobile machinery approved under the Air
Pollution Control (Non-road Mobile Machinery)
(Emission) Regulation.
Please refer to DEVB TC(W) No. 1/2015.

For capital works contracts with an
estimated contract value exceeding
$200M.
Page 35 of 36
Clause
Remarks/Guidelines
NTT 46 Conditions of contract

The conditions of contract of this contract are the
core clauses and the clauses for main Option [#],
secondary Options [##] and Z of the NEC3
Engineering and Construction Contract (April 2013)
published by Thomas Telford Limited, as amended or
supplemented by the Schedule to the Articles of
Agreement.
# Please insert appropriate main Option.

## Please insert appropriate Option X.
Commonly used options include X1, X5,
X7, X15, X16 and X20.
NTT 47 Defined Cost, Fee, Prices, Prices for Work Done to Date and the
Contractors share
Tenderers attention is drawn to NEC Clauses 11.2(8), This Clause is only applicable to Options
11.2(23), 11.2(29), *11.2(30)/*11.2(31), *11.2(33) C and D.
and 53 with amendments as detailed in the Schedule
to the Articles of Agreement for the definitions of the * Amend where appropriate.
Fee, the Defined Cost, the Prices for Work Done to
Date, the Prices, *the total/Total of the Prices and the
Contractors share.
Page 36 of 36

Standard Notes to Tenderers for NEC ECC Projects

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Standard Notes to Tenderers for NEC ECC Projects

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DEVELOPMENT BUREAU

STANDARD NOTES TO TENDERERS FOR NEC ECC

Location of tender box

Clarifications from Project Manager designate

Check list for tenders deposited in the tender box

Changes in status of qualifications

Marking Scheme Approach

Procedures for opening tenders

Bid challenge (WTO GPA)

Assessment of EMSTF offer

Assessment of Section Subject to Excision

Site cleanliness and tidiness

Site Safety Cycle

Constraints on Project Managers power

Regulating actions on inappropriate conducts

Proof of plant ownership

Net present value analysis

Trip Ticket System

Systematic Risk Management

Waste Disposal (Charges for Disposal of Construction Waste) Regulation

Library of Standard Notes to Tenderers for NEC ECC (17.10.2016)

Professional indemnity insurance

NTT 42 Dispute Resolution Advisor system

NTT 46 Conditions of contract

Library of Standard Notes to Tenderers for NEC ECC (17.10.2016)

NTT 1 Location of tender box

For tenders to be opened by the tender

opening teams of the Central Tender

*[The tender box is located in Room 4128f on the

41 Floor, Queensway Government Offices, 66

For tenders to be opened by the tender

opening teams of the Public Works Tender

NTT 2 Pre-tender meeting [Optional Clause]

WBTC No. 4/92

arrangement of the transportation for attending the

The tenderer is required to complete the

Reply Slip at Appendix [insert appropriate reference]

Library of Standard Notes to Tenderers for NEC ECC (17.10.2016)

NTT 3 Clarification from Project Manager Designate

Advice directing tenderers to submit any

doubt about the precise meaning of any item or figure

queries about the particulars of the tender

of Government officer / company name and contact

(the contact telephone and fax numbers

NTT 4 Check list for tenders deposited in the tender box

Before the tender is sealed and delivered to

the *Government Secretariat Tender Box / *Public

* Delete where appropriate.

Please refer to Appendix 5.8 of Chapter 5

(b) All the documents issued with or requested in the

Library of Standard Notes to Tenderers for NEC ECC (17.10.2016)

bear the name of the tenderer but the tender reference

The tenderer should also note the following:

(a) Unless otherwise indicated, plans and drawings

Library of Standard Notes to Tenderers for NEC ECC (17.10.2016)

Please allow adequate time for your tender

to be delivered to the *Government Secretariat

The tenderer may rest assured that no person

is allowed access to the tender that has been deposited

destroyed *three months /three years after the date

Advice to tenderers that documents of

Delete where appropriate

the Government Secretariat Tender Box / Public