沉浸式翻译
问题反馈Tender for the Supply and Installation of
供应和安装智能仓储系统及新急性医院 Kai Tak 发展区九龙中簇群维修服务的招标书
Smart Warehouse System and Provision of Maintenance Services for New Acute hospital at Kai Tak Development Area, Kowloon Central Cluster
供应和安装智能仓储系统及新急性医院 Kai Tak 发展区九龙中簇群维修服务的招标书
hospital Authority
医院管理局
Terms of Tender (Supplement)
招标条款（补充文件）
Tender Documents
招标文件
These tender documents identified as KCC/T/H14/044/24/KC comprise the following: -
本招标文件编号为 KCC/T/H14/044/24/KC，包括以下内容： -
Tender Form HA(G)231A (Parts I to V)
投标表 HA(G)231A（部分 I 至 V）
Schedule B (Schedule of Compliance) Schedule C (Tender Schedules 1-12)
Schedule D (Declaration of Conflict of Interest by Tenderer)
(Pages 1 to 10)
(Pages 11 to 31)
(第 11 页至第 31 页)
(Pages 32 to 190)
(第 32 页至第 190 页)
(Pages 191 to 206)
(第 191 页至第 206 页)
(Pages 207 to 221)
(第 207 页至第 221 页)
(Pages 222 to 236)
(第 222 页至 236 页)
(Page 237 to 238)
(第 237 页至 238 页)
(Pages 239 to 261)
(第 239 页至 261 页)
(Pages 262)
(第 262 页)
(Pages 263)
(第 263 页)
Tender Preparation
投标准备
The Tender and all accompanying documents must be completed and submitted in the manner stipulated under ’Lodging of Tender’ in the front page of the Tender Form HA(G)231A. If the Tender is to be submitted via a courier and a receipt is needed, please instruct the courier to contact the Tender Opening Committee Registry at the Cluster Procurement & Supplies Department at 5/F., Block S, Queen Elizabeth Hospital, 30 Gascoigne Road, Kowloon, Hong Kong before the courier deposits the Tender into the Tender Box.
本投标及所有附件文件必须按照投标表 HA(G)231A 首页“递交投标”部分的规定完成并提交。如需快递收据，请指示快递公司在将投标放入投标箱前联系投标开标委员会注册处，地址为九龙皇后大道东 30 号广华医院 S 座 5 楼，公共采购及供应部。
Tenderers must complete Part IV “OFFER TO BE BOUND” of the Tender Form HA(G) 231A in duplicate and attach thereto all Tender Documents with the item(s) in the Schedule A (Price) of Tender fully priced and all necessary information provided including descriptive literature, catalogues, operating and maintenance manuals, drawings, diagrams and documentary evidence which are necessary for tender evaluation. Failure to comply with the requirement may render the Tender invalid.
投标人必须在投标表 HA(G)231A 的第四部分“投标约束”中完成两份副本，并附上所有投标文件，包括投标表 A（价格）中的所有项目均已定价，并提供所有必要的信息，包括描述性文献、目录、操作和维护手册、图纸、图表和必要的文件证据以供投标评估。未能遵守此要求可能导致投标无效。
Late tenders will not be accepted, except under very special circumstances, due to unforeseen circumstances e.g. act of God or a genuine mistake by a courier company (with proof of the tender being kept intact during transit before the closing date). The .Authority shall have absolute discretion to decide whether or not to accept such a late tender.
迟交的投标文件将不予接受，除非因不可预见的情况（如天灾或快递公司真正的失误并有在运输过程中保持密封且未在截止日期前打开的证明）而有特殊情况。本机构有权绝对酌情决定是否接受此类迟交的投标文件。
Two-Envelope Bidding
两信封投标
2.4,.1 This Tender shall be conducted in a two-envelope bidding process. Tenderers must submit the technical and price information in two separate sealed envelopes, one marked with the word “Technical Proposal” and the other with “Price Proposal” in the following manner:-
2.4,.1 本投标将采用两信封投标程序。投标者必须将技术信息和价格信息分别密封在两个信封中，一个信封上标注“技术提案”，另一个信封上标注“价格提案”，如下所示：-
Technical Proposal — contains the complete set of Tender Documents, except Schedule A (Price) and all any supplementing quotations.
技术提案 — 包含完整的投标文件，除价格表（A 表）和所有补充报价外。
Price Proposal— contains the Schedule A (Price) and all any supplementing quotations. (Note: Tender reference number; Description and Closing Date shall be marked on the
价格提案—包含 Schedule A（价格）和所有补充报价。（注意：标书参考编号；描述和截止日期应在信封上标注以便识别。）
envelopes for easy identification.)
信封上标注以便识别。）
2.4.2 The Authority will complete the technical assessment first by evaluating the technical proposals of the Tenders according to the Tender Specification and sample submitted (if required). The prioe proposals of those Tenders who can meet the technical assessment and passed the sample testing/evaluation (if required) will be evaluated further based on the price proposal.
2.4.2 行政机构将首先完成技术评估，根据招标规范和技术提案（如有需要，根据提交的样品）对投标书进行评估。能够通过技术评估并成功通过样品测试/评估（如有需要）的投标书将根据价格提案进行进一步评估。
Criteria for Tender Evaluation and Marking Scheme
投标评估标准和评分方案
The Tender offers will be evaluated by a Tender Assessment Panel set up by the Authority. The Authority will only assess and consider the Tender offers that do not contain any equipment item(s) which are either supplied by
a T•nderer which. is bein.g excluded by tne .ñutñ.ority from participation in tendering; or
any other companies which are being excluded by the Authority from participation in
tendering.
A marking scheme will be applied for the evaluation of the Tenders.
将会对投标进行评分标准评估。
The Tender specification is classified into mandatory(M) requirements. Only those offers meeting all mandatory requirements will be considered. A marking scheme with weighing of 50% / 50% for non-price (technical) and price factors will be applied for evaluating the tender offers. The details are set out in the table below.
投标规范被分类为强制性(M)要求。只有满足所有强制性要求的报价才会被考虑。将对投标报价进行 50%/50%的非价格（技术）和价格因素的评分标准评估。详情见下表。
Technical Proposal (50 marks) | Technical Assessment | Weigh’ting (%) | Passing Mark |
(a) Tenderer's Track Record in Undertaking Similar Projects | 6.0 | N/A | |
(b) Tenderer's Proposed Project Team Capability | 8.0 | 4.0 | |
(c) Technical Design and System Performance of the Proposed Solution | 13.0 | 6.5 | |
(d) Project Management and Implementation | 13.0 | 6.5 | |
(e) Innovative Design Consideration in Proposed System | 10.0 | N/A | |
Price Proposal a* *) | Price Assessment The price score of individual offers is: Lowest tender price Formula among the conforming applied: 50 x tenders Tender price of the tender being assessed | 50 | N/A |
Totel: | 100 | N/A | |
Tenderers shall indicate and submit proposals under Schedule A. B and C. Tenderers may be invited to present their proposals, if deemed necessary, within 3 working days from date of receipt of written request.
投标人应在 A、B、C 表中表明并提交投标方案。如需，招标人可在收到书面请求后的三个工作日内邀请投标人进行投标陈述。
Normally the Tender with the highest combined score would be selected. The combined score will be calculated based on the formula below:
通常得分最高的投标书将被选中。综合得分将根据以下公式计算：
Total combined score = Total marks of Technical Assessment + Total marks of Price
综合得分 = 技术评估总分 + 价格评估总分
Assessment
评估
If there are two or more Tender offers with the same highest total combined score, preference will be given to the Tenderer who has no adverse performance record.
如果有两个或两个以上投标书的总综合得分相同，将优先考虑没有不良表现记录的投标方。
The Authority will check the submitted certificates and documentary evidence for compliance with the mandatory requirements of the Tender specification. The Tender offers will not be evaluated further if any of the mandatory requirements of the Tender specification cannot be fully complied
权威机构将检查提交的证书和文件证据，以确保其符合投标规范的强制性要求。如果投标规范的任何强制性要求无法完全遵守，则不会进一步评估投标报价。
The product samples of the Tender offers that possess sufficient and acceptable certificates and documentary evidence for proving the compliance with the mandatory requirements of the Tender
拥有足够且可接受的证书和文件证据以证明其符合投标规范的强制性要求的投标样品将被评估。
specification will be evaluated and distributed to the major hospitals for clinical evaluation in the correctness of compliance and acceptability against the major clauses of the Tender specification.
投标规范将被评估，并分发给主要医院进行临床评估，以验证其合规性和对投标规范主要条款的接受性。
The Tender offers will be regarded as acceptable with the majority of hospitals confirming acceptance and will be put into next evaluation stage to evaluate the price and terms of offer.
如果大多数医院确认接受，则投标报价将被视为可接受，并进入下一评估阶段，以评估报价的价格和条款。
Before the Tender Assessment Panel makes any recommendation in relation to the award of the Contract to a Tenderer, financial vetting will be conducted in accordance with Clause 13 below in respect of such Tenderer if deemed by the Authority.
在投标评审委员会就合同授予某投标方提出任何建议之前，如果主管部门认为有必要，将根据第 13 条的规定对该投标方进行财务审查。
All costs associated with a Tender submission shall be entirely the responsibility of the Tenderer.
所有与投标相关的费用将完全由投标方承担。
Pursuant to Clause 3.1, in the event that any Tenderer or company has been excluded from participation in tendering by the Authority before the award of the Contract, the concerned Tender offer(s) will not be evaluated any further. The Authority may then consider and accept other conforming Tender offer(s) in accordance with the criteria for tender evaluation stipulated in Clause 3 without giving any prior notice to the excluded tenderer or company.
根据第 3.1 条，在合同授予之前，如果主管部门已将某投标方或公司排除在投标参与之外，相关投标将不再进行评估。主管部门可以按照第 3 条规定的投标评估标准考虑并接受其他符合投标评估标准的投标，无需事先通知被排除的投标方或公司。
Tender
投标
Tenderers are requested to submit their offers in Hong Kong dollars in the Tender Schedule and must quote separate prices for: -
投标人须按照招标计划以港币提交其报价，并分别报价以下项目：
On-site testing and commissioning; Site preparation cost;
现场测试和启动；场地准备成本；
Operation and maintenance training; Total Life Cycle Cost.
运营维护培训；整个生命周期成本。
The price terms on which the tender is based must be clearly stated in the Tender documents, otherwise it will be assumed that the price includes all costs mentioned in clauses 4(a)(i) to 4(a)(vi) above.
投标所依据的价格条款必须在投标文件中明确列出，否则将假设价格包括上述第 4(a)(i)至 4(a)(vi)款中提到的所有费用。
Negotiation
协商
The Authority reserves the right to negotiate with any tenderer on the terms of the offer.
有权与任何投标者就报价条款进行协商。
Accuracy of Tendered Prices
报价准确性
Tenderers are reminded to ensure the accuracy of their Tender prices quoted in the Price Proposal. Under no circumstance will the Authority accept any request for price adjustment on grounds that a mistake has been made in the Tender prices quoted by a Tenderer.
投标人应确保在报价单中提供的投标价格准确无误。在任何情况下，当局不会接受因投标人的投标价格出现错误而提出的任何价格调整请求。
Tender Prices
投标价格
Tenderers are requested to quote the prices in Hong Kong dollars, which must be net prices allowing for all trade and cash discounts and inclusive of all cost and expense to be incurred by the Tenderer in the performance of the Contract (“Tender Prices”). Prices quoted in other currencies will be considered and if accepted, payment will be made in the quoted currency. All bank charges incurred by the Contractor will be borne by the Contractor.
投标人应以港元报价，该报价必须包含所有贸易折扣和现金折扣，并包括投标人在履行合同过程中将承担的所有成本和费用（“投标价格”）。以其他货币报价将被考虑，如果接受，付款将以报价货币进行。所有由承包商产生的银行费用将由承包商承担。
For price comparison purposes, any prompt payment discount offered by the Tenderer will not be taken into consideration in assessment of Tender Prices.
为了价格比较的目的，投标人在报价单中提供的任何折扣付款优惠将不被考虑在投标价格的评估中。
Prices must remain valid for the duration of the Contract unless Tenderers clearly stipulate otherwise.
价格在合同有效期内必须有效，除非投标者明确另有规定。
Basis for Acceptance
中标依据
Pursuant to Clause 7 of Terms of Tender, this Tender may be considered and accepted on an overall basis. The Authority reserves the right to award the Contract to more than one Tenderer.
根据投标条款第 7 条，本投标可整体考虑和接受。机构保留将合同授予多名投标者的权利。
Award of Contract
合同授予
With reference to Clause 5 of Terms of Tender, the successful Tenderer will receive a letter of acceptance from the Authority prior to the receipt of the formal Contract document. This letter of acceptance shall constitute a binding contract between the Authority and the successful Tenderer.
Placement of Order
Orders will be placed by the Authority Representatives on an as and when required basis during the contractual period.
Tenderer's Enquiries
Any enquiries from Tenderers concerning this Tender document up to the date of lodging their Tenders with the Authority must be in writing and shall be submitted to:-
Cluster Procurement & Supplies Department Kowloon Central Cluster
Hospital Authority Room 701, 7/F, Block S
Queen Elizabeth Hospital 30 Gascoigne Road Kowloon, Hong Kong
(Attn: Ms. Amanda LIU, Hospital Administrator I (PFPE)C3) E-mail: lwfl22Vm.ha.org.hk
(致 Ms. Amanda LIU，住院管理员 I (PFPE)C3) 邮箱: lwfl22Vm.ha.org.hk
Tel: (852) 3506 4609
电话: (852) 3506 4609
Fax: (852) 3506 8190
传真: (852) 3506 8190
After lodging a Tender with the Authority, the Tenderer shall not attempt to initiate any further contact whether direct or indirect with the Authority on its Tender. The Authority shall have the sole right to initiate any such further contact and all such contacts and any replies to the Tenderer thereto shall be in writing or formally documented in writing.
在向当局提交投标后，投标方不得试图直接或间接与当局就其投标进行任何进一步联系。当局保有独家权利发起任何此类进一步联系，所有此类联系及对此投标方的回复均应以书面形式或正式记录在案。
Any complaints from Tenderers about tendering process or contract award must be in writing and
投标人对招标过程或合同授标的任何投诉必须以书面形式提出并
shall be submitted to:-
应提交至：-
Administrative Services Division Kowloon Central Cluster Hospital Authority
行政服务部门九龙中医院管理局
Room 201, 2/F, Block S Queen Elizabeth Hospital 30 Gascoigne Road Kowloon, Hong Kong
香港九龙豉油街 30 号广华医院 S 座 2 楼 201 室
(Attn.: Mr. Antony LUI, Cluster General Manager (AS))
(致：林国翔先生，AS 群组总经理)
Email: luipy@ha.org.hk Tel: (852) 3506 4612
邮箱：luipy@ha.org.hk 电话：(852) 3506 4612
Fax: (852) 3506 8191
传真：(852) 3506 8191
Briefing Session
说明会
To ensure that the Tender complies with the requirements of the System Specifications. Tenderers are strongly advised to make any necessary actions before the Tender Closing Date, to determine the scale and costs of works. It should be the responsibility of the Tenderer to obtain complete and accurate information concerning the site where the installation of the Smart Warehouse System is to be performed. Inadequate or inaccurate information will not be accepted as reasons for the successful Tenderer avoiding all or any of his responsibility under the Contract. Briefing Session for Tenderers will be arranged as below. Please note that no transportation arrangement shall be provided.
为确保投标符合系统规范的要求。投标人在投标截止日前应采取必要的行动，以确定工程规模和成本。投标方应对其拟安装智能仓库系统的场地获取完整和准确的信息负全责。不充分或不准确的信息将不会被接受作为中标方在合同项下免除全部或部分责任的理由。投标方会议安排如下。请注意，不提供交通安排。
Date:
日期：
Starting Time: Venue: Registration:
开始时间：地点：注册：
Tentatively be held in the week of 17 April 2025 (TBC) To be confirmed (Hong Kong Time)
暂定于 2025 年 4 月 17 日那一周（待定）（香港时间）
Via zoom
通过 zoom
On or before 3 April 2025 (Tenderers please complete the “Attendance confirmation Reply Slip” by fax to (852) 3506 8190 or email to 1wfl22@ha.org.hk.)
请于 2025 年 4 月 3 日或之前完成“出席确认回复表”并以传真 (852) 3506 8190 或电邮至 1wfl22@ha.org.hk 提交。
Company / Business Organization Status
公司/商业组织状态
Tenderers must provide the following details to the Authority with their Tenders :
投标人必须在投标时向当局提供以下详情：
Name and address of the company / business organization.
公司或商业组织的名称和地址。
Length and nature of business experience including without limitation experience in the performance and / or supply of the products as listed in Schedule A (Price).
业务经验的长度和性质，包括但不限于在执行和/或供应附件 A（价格）中列出的产品方面的经验。
Shareholders / partners of the company / business organization.
公司或商业组织的股东/合伙人。
Audited accounts/financialstatements of the tenderer for the past three years. The latest audited accounts/financial statements must be for the period ended no more than eighteen (18) months before the tender submission date mentioned in Part IV OFFER TO BE BOUND. The audited accounts/financial statements must include Director's report, Auditor's report, Profit and loss statement/statement of comprehensive income, Balance sheet/statement of financial position, Statement of cash flow and Notes to the Accounts/financial statements. The accounts/financial statements shall be prepared on the same basis for each year in accordance with accounting principles generally accepted in the Hong Kong Special Administrative Region and the disclosure requirements of the Companies Ordinance, Cap. 32/Cap. 622 of the laws of Hong Kong (as applicable), or for overseas company the equivalent requirements of the local government; and
Projected profit and loss accounts/statement of comprehensive income and cash flow statements for the period of tb.e contract, showing the revenue, operating expenses, capital expenditure and the sources of finance such as upfront investment and/or debt financing.
A copy of its Articles of Association or other documents evidencing its business status.
Copies of the organization's Certificate of Incorporation with the companies registry (if incorporated), its current business registration certificate and its application form for registration of business.
Copies of all current licence(s) or permit(s) issued in favour of the Tenderer by the relevant authorities that are required to legally perform and / or supply the products as listed in Schedule A (Price).
Documentary evidence of any agency claimed by the Tenderer in relation to the Tender, whether on a sole or exclusive basis or otherwise.
Financial Vetting
The Authority needs to be satisfied that a Tenderer has sufficient financial capability to undertake and fulfil its obligations under the Contract before it can be considered for Contract award. As a result, the Authority may require information in addition to that requested in Clause 12 above in order to conduct a financial assessment of any Tenderer.
The Authority reserves the right to reject any Tender submission or impose further requirements for the award of the Contract if in the opinion of the Authority (i) the result of the financial assessment is not satisfactory or(ii) a Tenderer fails to provide adequate information requested by the Authority for the financial assessment. The further requirements which may be imposed by the Authority include, without limitation, the provision of guarantee from the parent company/fellow subsidiary of the Tenderer having a healthy financial position to the satisfaction of the Authority in a form approved by the Authority or the increase of the Deposit from 2% to 5% of the Contract value.
Statement of Compliance
Tenderers are required to complete the Schedule B (Schedule of Compliance), in particular, provide the Certificate of Non-Collusion and confirm point by point against the Tender Specifications that offer(s) submitted comply with the required specifications. If Tenderers wish to include counter-proposal in their Tender reply, the counter-proposal must be clearly stated in the reply. The Authority reserves the right to accept or reject any such offer.
Payment Discounts
Tenderers are requested to indicate in Schedule B the discount they would allow on the Tender prices if payment for each consignment is made in full within the specified period.
Tender Samples
Tender samples for the item(s) specified in the Schedule A (Price) may be required for evaluation and testing and such samples (which should fully comply with Tender specifications) MUST be made available by Tenderers free of all costs within days from date of receipt of written request.
All the Tender samples to be submitted, if requested, shall be free of all costs including delivery expenses. Tenderers shall collect the Tender samples from designated hospitals after tender evaluation.
In delivery of Tender samples, Tenderers shall present a delivery note with detailed description and quantity of items contained in the Tender samples for receiving confirmation.
A label bearing the following information should be attached to each of the samples:-
Tender reference number;
Company stamp;
Brief description of the item;
Item number which should be identical to the item number shown on the Schedule
Closing date of the Tender.
Tenderers are reminded that their offers will be jeopardized if samples have not been submitted in accordance with the above requirement.
Delivery and Installation Requirement交付和安装要求
Orders will be placed by Cluster Procurement and Supplies Department, Kowloon Central Cluster. Delivery and installation of the Goods to the Hospitals must be made and completed within the required schedule upon receipt of firm order.
订单将由九龙中央集群的采购和供应部门下达。货物的交付和安装必须在收到正式订单后按要求的时间表完成。
The Contractor will be responsible for the installation of the equipment offered in the respective Hospitals. Tenderers are therefore requested to state clearly in the space provided in the Tender Schedule the Completion Date of installation.
承包商将负责在各自医院安装所提供的设备。因此，请投标人在投标时间表中明确说明安装的完成日期。
Tenderers must specify in their Tender the conditions of delivery, such as packing and necessary environmental requirements for consideration.
If Tenderers are unable to meet this delivery requirement, they must clearly specify on the Tender Schedule an alternative delivery date and rate for consideration. Should no such or incomplete information be given, Tenderers will be bound by the delivery requirement specified above.
The successful Tenderer will be responsible to clear away all packing materials after delivery / installation of the equipment.
Title and Risk
Title to and risk in the equipment (including software, hardware and license) shall pass to the Hospital upon the notification of Acceptance.
The Hospital will not be responsible for any Equipment delivered but not stated in this Ctintract.
Presentation / Product Demonstration
Tenderers may be invited to provide a brief presentation / product demonstration on each item offered.
Product Information
Tenderers shall submit with the Tender a sufficient and valid product information, e.g. catalogues, technical specifications, brochures, etc. Additional copies may be requested for Hospital to facilitate easy reference and ordering.
On Loan Instrument
Tenderers shall specify in the Tender the instruments, if any, that can be on loan to hospitals for use on a free of charge basis. Tenderers shall provide the selling price of the instruments for the Hospital's reference. Tenderers shall be responsible for the cost of delivery to and collection from the specified locations.
Tender Ref.: KCC/T/H14/044/24/KC
Tàe title and risk of the ‘on loan’ instruments shall remain with the Tenderers who shall be responsible for the proper maintenance, ifrequired, ofthe instruments to ensure their safety standard is always maintained to fit for the intended use.
Tenderers shall not claim for damage to the ‘on loan’ instruments that are caused by wear and tear under the normal use by the Hospital. If the ‘on loan’ instruments are found lost during the custody of the Hospital, Tenderers and the Hospital shall agree the settlement by negotiation but the charges for the lost instruments, if any, shall not exceed the selling price as quoted in the Contract or in the subsequent correspondence.
New Information Relevant to Oualified Status
Tenderers should inform the Authority in writing immediately of any factors which might affect their qualified status. The Authority reserves the right to review their qualified status in the light of any new information relevant to their qualification.
Life Expectancv of Product
The product is expected to have a normal life span of at least 10 years. Tenderers shall quote in Schedule B the normal life span of the offered product.
Total Life Cvcle Cost and Net Present Value Analysis
The total life cycle cost [excluding all optional items as stipulated in the tender specification, if any] shall be included in the calculation of the Price Score. For each of the Item offered in Section A and Section C of Tender Schedule A (Price), tenderer is required to provide a detailed calculation/projection of the Total Life Cycle cost for each unit of the Equipment. The Total Life Cycle cost shall be fully comprehensive and without hidden costs. Details breakdown in relation to all the Schedules that have cost elements and contribute to the Total Life Cycle cost shall be provided. The dollar value of the cost elements shall be specified. Tenderer shall NOT specify them as a percentage of the equipment / system cost.
The Authority will use the present values to substitute the Tender Prices in Total Life Cycle Cost evaluation. The Total Life Cycle cost [excluding the price for mandatory system equipment as quoted in Section A of Tender Schedule A(Price)] shall be adjusted to the current price based on the latest available “Infrastructure Bond Programme (IBP) and Government Sustainable Bond Programme (GSBP) rate” on the Tender Closing Month. The Authority will adopt the “Closing Reference Rates” as disclosed in Section 10 of the IBP and GSBP - Table 10.4.1.1 “End of period figures of Prices and yields of institutional Government Bonds issued under the Infrastructure Bond Programme and Government Sustainable Bond Programme” available in the Monthly Statistical Bulletin published by The Hong Kong Monetary Authority (HKMA).
http :// a ov en da publications-and research/data-and_statistics/monthly- statistica1-bulletin/tab1e/
The purpose of conducting a net present value analysis is for tender assessment only and will not form part of the Contract.
Post Warrants Maintenance Services Cost
Tenderers shall quote in Schedule A (Price) the whole annual post warranty maintenance services costs of the offered product commencing from the expiry of the Warranty Period. The post warranty maintenance services costs quoted shall be of two types, i.e. (a) costs inclusive of labour, regular
Tender Ref.: KCC/T/Hl4/044/24/KC
calibrations, preventive maintenance (PM), corrective maintenance (CM) and minor parts/components and(b) costs of all-inclusive. Each type shall include preventivemaintenance(PM) frequency per unit per annum. The Authority will adopt type (b) of the post warranty maintenance services costs for Total Life Cycle cost evaluation. If Tenderers fail to quote such services costs for evaluation, the Authority will treat such tender as an incomplete offer. Tenders with incomplete offer quoted in the Tenderer's Schedule will not be considered.
The annual post warranty maintenance services costs must be quoted in a dollar value and foreach unit of the equipment. Any quotation submitted in a value equivalent to a percent of the equipment cost being quoted in Schedule A (Price) or a lump sum value is not allowed.
The Authority may at its option enter into the post warranty maintenance services contract with the Tenderer for the duration at the Authority's discretion.
Accessories / Components
The price(s) quoted for the item(s) in Schedule A (Price) shall include all accessories / components for each unit of equipment per annum which is/are essential to the normal operation of the item(s).
Tenderers shall quote the optional accessories / components with itemized prices for each unit of equipment per annum in Schedule A (Price) for evaluation.
Spare Parts
Tenderers shall guarantee that spare parts are available to cover the full useful life of the product.
Tenderers shall quote the price for the recommended spare parts sufficient for at least one-year operation and maintenance and their lead time of delivery in Schedule A (Price).
Spare parts price may be taken into calculation of the total life cycle cost of the product.
Equipment Specific Consumables
Tenderers shall confirm in Schedule B if the consumables used on the offered product are specific and have no alternative/compatible. Tenderers shall submit quotation for the consumables with itemized price list in Schedule A (Price) for consideration. The consumables price may be taken into calculation of the total life cycle cost of the offered product.
SpecialTools/Test Eouinment
Tenderers shall provide and quote in Schedule B any special tools and test equipment which are essential for the operation and maintenance of the product.
Tenderer is required to provide operational training to operators/users free of charge. The operational training shall be designed to enable the operators/users to use the Goods safely, effectively and properly in all aspects. Tenderer shall specify in Schedule B the type of operational training to be provided.
Service Training
Tenderer is required to provide training on basic servicing of the Goods on-site for all service personnels who would normally be expected to service the equipment. A list of topics covered in the training shall be submitted in the tender. Tenderer shall specify in Schedule B the type of service training to be provided.
Factors and On-site Visit
If required by the Authority during the tender validity period, factory visit to the manufacturing plants of the products offered may be conducted by representatives of the Authority on request. The factory visit may not be limited to the following: -
Manufacturing process;
Quality control; and
Support service.
Tenderer should note that the above visits, if required, would form part of tender evaluation. Tenderer should make necessary arrangement within 7 working days upon request of the Authority. Failure to comply with the above requirement may render the Tender invalid.
Maintenance
Tenderer shall provide without additional cost all special instruments, a complete set of system installation, setup, calibration and fault diagnosis hardware and software package(including keys, access codes and license fees, if applicable) and tools essential for the post-warranty maintenance of the equipment offered. This includes items such as special types of test jig, signal simulators and spanners/screw drivers, etc.
End-of-Support of obsolete versions of Microsoft Windows
Tenderers shall provide and quote in Schedule B (Schedule of Compliance) the questionnaire your proposed refreshment plan for the equipment to be offered to the Authority if your proposed equipment or system uses obsolete or to be obsolete versions of Microsoft Windows.
Tender Closing Time in case of Rainstorm/Tvohoon/ “Extreme Conditions”
The Tender Closing Time and Tender Closing Date will be extended to 12:00 noon the next working day in Hong Kong (i.e. any day from Monday to Friday which is not a public holiday) under the following situations: -
a black rainstorm signal or tropical cyclone warning signal No. 8 or above or“Extreme Conditions” issued by the Government is still in force between 9:00 am and 12:00 noon on the Tender Closing Date; or
it is announced by the Government between 9:00 am and 12:00 noon on the Tender Closing Date that a black rainstorm signal or tropical cyclone warning signal No. 8 or above or “Extreme Conditions” will be issued in Hong Kong between 9:00 am and 12:00 noon on the Tender Closing Date. For the avoidance of doubt, if it is announced by the Government that such signal will be issued at or before a time that falls beyond 12:00 noon on the Tender Closing Date, there will not be any extension of the Tender Closing Time or Tender Closing Date unless the relevant signal is actually issued and is in force between 9:00 am and 12:00 noon on the Tender Closing Date
Ordinance Concerning Product Safetr
Pursuant to Clause 15 of the General Conditions of Contract, Tenderers shall quote in Schedule B the details of the licences and/or test certificate/report which are required for the provision of the offered product under the Ordinance of Hong Kong, e.g. Telecommunications Ordinance (Cap. 106 of the laws of Hong Kong), Factories and Industrial Undertakings (Lifting Appliances and Lifting Gear) Regulations (Cap. 59 of the laws of Hong Kong), etc.
If the Authority is required by law to maintain the licences or test certificates for the possession or use of the offered product, Tenderers shall inform the Authority of such requirements in Schedule B.
Commitment to Environmentally Responsible Purchasine
The Authority is sensitive to the environmental impact of purchasing decisions and takes account of legitimate environmental concerns while continuing to achieve best value for money in its purchasing functions.
The Authority identifies products which present environmental concerns and addresses these concerns in the approval of the tender specifications and in the tender evaluation process.
Environmental Friendlv Measure
The following environment friendly measures are recommended in the preparation of the tender documents: -
All documents should preferably be printed on both sides and on recycled paper. Papers exceeding 80 gsm are not recommended.
Excessive use of plastic laminates, glossy covers or double covers should be avoided as far as possible. Use of recyclable non-glossy art board paper as document covers is recommended.
Single line spacing should be used and excessive white space around the borders and in between the paragraphs should be avoided.
Consent to Disclosure
The Authority shall have the right to disclose whenever it considers appropriate, or upon request (verbal or written) by any third party (including unsuccessful Tenderers) information on the Contract, such as the name and address of the Contractor, product description/brand/model/country of origin (if applicable), description of the relevant services (if applicable) and the value of the Contract. without reference to or consent from the Contractor. Unsuccessful Tenderers may also enquire as to the reason for the rejection of their Tender submissions.
Contract Deposit
In the event that the Authoritv is exercising its option under Clause 25.3 above to award the post warranty maintenance services together with the supply of Goods to the successful Tenderer, the successful Tenderer is required to deposit with the Authority:
before the commencement of the Contract or within 30 days from the date of the letter of acceptance whichever is the later, an amount equal to:
where the successful Tenderer is a Tenderer which has passed the financial assessment referred to in Clause 13 above or in cases other than those provided in Clause 40.1(a)(ii)
below, 2% of the total price of the Goods; or
if required by the Authority in case where the successful Tenderer is a Tenderer which, in the opinion of the Authority, fails in the financial assessment referred to in Clause 13 above, or fails to provide adequate information for the financial assessment, 5% of the total price of the Goods
(the “Supply Phase Deposit”) as a security for the due and faithful performance of its supply of the €ioods under the Contract and performance of its warranty under the Warranty Period(“Supply Phase”); and
30 days before the expiry of the Warranty Period, a further amount equal to:
where the successful Tenderer is a Tenderer which has passed the financial assessment referred to in Clause 13 above or in cases other than those provided in Clause 40.1(b)(ii) below, 2% of the total post warranty maintenance services costs of the Goods for five years commencing from the expiry of the Warranty Period; or
(11) if required by the Authority in case where the successful Tenderer is a Tenderer which, in the opinion of the Authority, fails in the financial assessment referred to in Clause 13 above, or fails to provide adequate infomiation for the financial assessment, 5% of the total post warranty maintenance services costs of the Goods for five years commencing from the expiry of the Warranty Period,
(the “First Maintenance Phase Deposit”) as a security for the due and faithful performance of its first five years' post warranty maintenance services under the Contract (the “First Maintenance Phase”); and
30 days before the expiry of the fiflh year post warranty maintenance period, a further amount equal to:
(1) where the successful Tenderer is a Tenderer which has passed the financial assessment referred to in Clause 13 above or in cases other than those provided in Clause 40.1(c)(ii) below, 2% of the total post warranty maintenance services costs of the Goods for 4 years commencing from the expiry of the fifth year post warranty maintenance period; or
(ii) if required by the Authority in case where the successful Tenderer is a Tenderer which, in the opinion oftheAuthority, fails in the financial assessment referred to in Clause 13 above, or fails to provide adequate information for the financial assessment, 5% of the total post warranty maintenance services costs of the Goods for 4 years commencing from the expiry of the fiflh year post warranty maintenance period,
(the “Second Maintenance Phase Deposit’) as a security for the due and faithful performance of its last four years’ post warranty maintenance services under the Contract (the “Second Mahitenance Phase”),
either by cheque or in the form ofa duly executed and valid irrevocable Banker's Guarantee issued by a bank licensed in Hong Kong under the Banking Ordinance (Cap. 155 of the laws of Hong Kong) in a form approved by the Authority. A banker's guarantee pre-approved by the Authority is set out in Appendix 1.
The First Maintenance Phase Deposit and the Second Maintenance Phase Deposit shall collectively be referred to as the “Maintenance Phase Deposit”.
The First Maintenance Phase and the Second Maintenance Phase shall collectively be referred to as the
“Maintenance Phase”.
The Supply Phase Deposit and the Maintenance Phase Deposit shall collectively be referred to as the
“Phase Deposits”.
The successful Tenderer must place and maintain the full amount of:
the Supply Phase Deposit throughout the Supply Phase and until the date falling 3 months after the end of the Warranty Period or the date on whioh all obligations and liabilities of the Contractor under the Supply Phase (including performance of its warranty under the Warranty Period) have been duly carried out, completed and discharged, whichever is the later; and
the First Maintenance Phase Deposit throughout the First Maintenance Phase and until the date falling 3 months after the end of the First Maintenance Phase or the date on which all obligations and liabilities of the Contractor under the First Maintenance Phase have been duly carried out, completed and discharged, whichever is the later; and
the Second Maintenance Phase Deposit throughout the Second Maintenance Phase and until the date falling 3 months after the end of the Second Maintenance Phase or the date on which all obligations and liabilities of the Contractor under the Contract have been duly carried out, completed and discharged, whichever is the later.
The Tenderer shall elect in Schedule B which method it prefers to pay the Deposit or the Phase Deposits (as the case may be) and, in the case of a banker's guarantee, details of the same including the issuing bank. In the event that the Tenderer fails to elect which method of providing the Deposit or the Phase Deposits (as the case may be) it prefers, it will be deemed that the Tenderer has agreed to pay the Deposit or the Phase Deposits (as the case may be) by cheque to the Authority.
Notwithstanding Clause 40.2(a), should the successful Tenderer fail to place all or part of the Maintenance Phase Deposit with the Authority by the due date or respective due dates aforesaid, the Authority may withhold the Supply Phase Deposit until the required Maintenance Phase Deposit has been placed with the Authority.
Should the successful Tenderer fail to place the Deposit or all or part of the Phase Deposits (as the case may be) with the Authority by the due date or respective due dates aforesaid, the Authority may in its absolute discretion terminate the C'ontract by notice in writing to the successful Tenderer.
Contractor Performance Monitoring.
Tenderers should note that in the event a Tenderer is awarded a contract by the Authority, the Tenderer's performance, including but not limited to product quality, afler sales services and maintenance services, where applicable, in the contract shall be monitored and taken into account in evaluating the Tenderer's tenders in response to invitations for tenders by the Authority. If, based on the Tenderer's performance record, the Authority has a reasonable concern about the Tenderer's legal and financial capabilities and the commercial and technical abilities to undertake the relevant procurement, the Authority may in its absolute discretion (i) take into consideration the Tenderer's performance record, both for the equipment type(s) specified in the warning letter and forotherequipmenttypes/servicesprovidedbythe Contractorinthetender evaluation and/or
(ii) exclude that Tenderer, its holding company and subsidiaries from participation in tendering, for such period as the Authority may in its entire discretion consider appropriate. The Authority shall have the right to publicize or disclose, whenever it considers appropriate or upon request (verbal or written) by any third party, information of the Contractor/Tenderer who has been excluded from participation in tendering by the Authority, such as the name of the Contractor and duration, without reference to or consent from the
Contractor/Tenderer. Tenders from the Tenderer who has been excluded from participation in tendering by the Authority shall be rejected.
Code of Conduct
Having due regard to the Authority's corporate image and reputation and the Authority's need to uphold the same, the Tenderers shall propose in Schedule B a code of conduct by reference to the “Sample Code of Conduct for Non-Governmental Organizations (‘NGOs”) / for Private Sector” issued by and obtainable from the Independent Commission Against Comiption (‘9CAC”). The “Sample Code of Conduct for NGOs / for Private Sector” can be accessed via the link below in HA website under “Tender Notice”:
htto://www.ha.org.hk/visitor/ha visitor index.asn?Content ID=2001&Lang=ENG&Dimension=100
Offering Gratuities
Tenderers shall not, and shall procure that their employees, agents and sub-contractors shall not, offer, solicit or accept an advantage as defined in the Prevention of Bribery Ordinance (Cap. 201 of the laws of Hong Kong) in connection with this Tender.
Failure to so procure or any act of offering, soliciting or accepting advantage referred to in paragraph 43(a) above committed by the Tenderer or by an employee, agent or sub-contractor of the Tenderer shall, without affecting the Tenderer's liability for such failure and act, result in its Tender submission being invalidated.
Cancellation of Tender
Without prqjudice to the Authority's right to cancel the Tender, where there are changes of requirements after the Tender Closing Date, for operational or any other reasons, the Authority is not bound to accept any conforming Tender and reserves the right to cancel the Tender.
Destniction of Unsuccessful Tenders
Those unsuccessful tender submissions falling within the purview of the Agreement on Government Procurement of the World Trade Organization (“WTO GPA”) shall be destroyed 3 years afler the date of the award of the Contract. Where a tender is cancelled(whether or not such tender is within the purview ofWTO GPA), all tender submissions under that tender can be destroyed any time afler cancellation.
Sub-Contracts
The Contractor shall not, without the prior written consent of the Authority, enter into any sub- contract with any person for the performance of any part of this contract provided that this provision shall not apply to: -
The purchase by the Contractor of equipment and materials; and
The sub-contract(s) (if any)
The Contractor shall not be relieved from any of its liability or obligations hereunder by entering into any sub-contractor for the performance of any part of this Contract. If requested by the Authority, the Contractor shall promptly provide the Authority with copies of any sub-contracts.
承包商不得因与分包商订立合同而免除其根据本合同应承担的任何责任或义务。如当局要求，承包商应迅速向当局提供任何分包合同的副本。
Personal Data (Privacy) Ordinance
个人资料（隐私）条例
Tenderers are requested to adhere to the requirements as stipulated in Schedule B in relation to the Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong).
投标人应遵守与《个人资料（隐私）条例》（香港法律第 486 章）相关的附表 B 中规定的各项要求。
Minamata Convention on Mercury
汞公约
The Tenderers shall have intent to comply with the Minamata Convention on Mercury in the products on offer. Tenderers shall provide confirmation of such intention in Schedule B in the Tender submission. Full text of the Convention could be downloaded from the following URL:
投标人应有意向遵守在售产品中的水银公约。投标人应在投标提交中的附表 B 中提供此类意向的确认。公约全文可以从以下网址下载：
httos://www.mercurvconvention.org/en
Conflict of Interest
利益冲突
Without limiting the Authority's right and the Contractor's obligations under Clause 31 of Special Conditions of Contract, Tenderers must declare in Schedule D whether any actual, apparent, potential or perceived conflict of interest will, or might, arise in the performance of their obligations under the Contract and the details of any such conflict. If at anytime after submitting the Tender submission and prior to entering into the Contract with the Authority, any actual, apparent, potential or perceived conflict of interest arises or may arise for or becomes known to any Tenderer which is inconsistent with the declaration in Schedule D, such Tenderer should immediately notify the Authority in writing.
除合同特殊条件第 31 条规定的授权方权利和承包方义务外，投标人必须在附表 D 中声明，在履行合同义务过程中是否会出现实际、表面、潜在或感知的利益冲突，以及任何此类利益冲突的详细信息。在提交投标提交后至与授权方签订合同时，如果任何投标人出现实际、表面、潜在或感知的利益冲突，或此类利益冲突可能或已变得为投标人所知，且与附表 D 中的声明不符，投标人应立即以书面形式通知授权方。
The Authority reserves the right to reject any Tender submission or take any other action it considers appropriate if, in the Authority's opinion, any conflict of interest will or might arise in respect of any Tenderer. However, identification of a potential or actual condict of interest does not necessarily preclude a Tender submission from consideration. The Authority will carefully consider the circumstances surrounding the conflict of interest to determine whether the Tender submission should be rejected on this basis.
权力机构有权拒绝任何投标或采取其认为适当的其他行动，如果在权力机构的意见中，任何利益冲突将在或可能会在任何投标方中产生。然而，利益冲突的可能性或实际存在并不一定排除投标的考虑。权力机构将仔细考虑利益冲突的背景，以确定是否应基于此理由拒绝投标。
The Sale of Goods hurted Nations Convention) Ordinance (Cap, b41 of the laws of Hong Kong)
货物销售条例（第 b41 章，香港法律）
The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this invitation to Tender and a Tender submitted by a Tenderer in response to this invitation to Tender.
本招标邀请不受联合国国际货物销售合同公约的规定约束，响应本招标邀请提交的投标方的投标也不受其约束。
National Security
国家安全
Notwithstanding anything to the contrary in the Tender Documents, the Authority reserves the right to disqualify a Tenderer on the grounds that the Tenderer has engaged, is engaging, or is reasonably believed to have engaged or be engaging in acts or activities that are likely to cause or constitute the occurrence of offences endangering national security or otherwise the exclusion is necessary in the interest of national security, or is necessary to protect the public interest of Hong Kong, public morals, public order or public safety. The Tenderers shell in Schedule B confirm and warrant that they have not engaged, are not engaging and will not engage in the aforesaid acts or activities. Failure to observe the requirement shall render all related submissions null and void and any such submission shall not be considered.
尽管招标文件中有其他与此相反的规定，当局保留根据以下理由取消投标者资格的权利：投标者参与、正在参与或合理认为其已参与或正在参与可能引起或构成危害国家安全或其他情况下出于国家安全利益需要排除投标者，或出于保护香港公共利益、公共道德、公共秩序或公共安全的需要而必须排除投标者的活动或行为。投标者应在附件 B 中确认并保证其未参与、未正在参与且不会参与上述活动或行为。未能遵守此要求将使所有相关提交无效，任何此类提交将不予考虑。
The Authority reserves the right in its absolute discretion to cancel this Tender at any time.
任何时候，当局在其绝对酌情权下保留取消本次招标的权利。
The Authority will not be responsible for or liable to any Tenderer for any cost or expense incurred in relation to (i) the preparation or submission of the Tender submission; or (ii) any communication
除非与(i)投标提交的准备或提交；或(ii)任何沟通有关，否则当局不对或不对任何投标者因上述任何成本或费用负责或承担责任。
between the Tenderer and the Authority in relation to the Tender, under any circumstances (including the cancellation of this Tender by the Authority).
在投标方与当局关于投标的关系中，在任何情况下（包括当局取消此投标的情况）。
The Contractor acknowledges and agrees that the Authority is not responsible for the accuracy of any information provided in this Tender, and the Contractor has made its own independent evaluation of the business potential of the Tender Subject Matter and it has submitted its Tender submission based solely on the result of such independent evaluation.
投标人承认并同意，当局不对本投标中提供的任何信息的准确性负责，并且投标人已对其投标主题的商业潜力进行了独立评估，并基于此独立评估的结果提交了投标文件。
Aooendix 1 to Terms of Tender fsunplementl
投标条款补充附录 1
HA's Pre-approved Form of Banker's Guarantee for the Performance of a Contract
HA 的预批准银行保函格式用于合同履行
THIS GUARANTEE is made the day of 2024.
本保证书于 2024 年制定。
By
of Iaddress of registered office ‹' orincioal place of business in HK1 . a bank within the meaning of the Banking Ordinance (Chapter 155 of the Laws of Hong Kong) (hereinafter called the “Guarantor”)
注册办事处地址或香港主要营业地点。意指根据《香港法律章》（第 155 章）的银行条例（以下简称“保证人”）
In favour of
为受益人
The Hospital Authority (hereinafter called the “Hospital Authority”) of the other part.
WHEREAS:
By a contract (hereinafter called the “Contract”) dated the made between
(hereinafter called the “Contractor”) of the one part and the Hospital Authority of the other part (designated as Hospital Authority Contract No. ), the Contractor agreed to perform all its obligations under the Contract for
(Contract Description).
(合同描述)。
The Guarantor has agreed to guarantee in the manner hereinafter appearing, the due and faithful performance of the Contract by the Contractor.
保证人同意按照以下方式担保承包商履行合同的及时和忠实执行。
Now the Guarantor HEREBY AGREES with the Hospital Authority as follows:
现保证人兹向医院管理局作出如下协议：
Where applicable, words and expressions used in this Guarantee shall have the meaning assigned to them under the Contract.
如有适用，本保证中使用的词语和表达的含义应与合同中所赋予的一致。
In consideration of the Hospital Authority entering into the Contract svith the Contractor:
The Guarantor hereby irrevocably and unconditionally guarantees the due and punctual performance and discharge by the Contractor of all of his, her and their obligations and liabilities under the Contract and the Guarantor shall pay to the Hospital Authority on demand and without cavil or argument all monies and liabilities which are now or at any time hereafter shall become due or owing by the Contractor to or in favor of the Hospital Authority under or in connection with the Contract together with all costs, charges and expenses on a full indemnity basis which may be incurred by the HospitalAuthority by reason or in consequence of any default on the part of the Contractor in fulfilling, performing or observing any of the obligations terms conditions stipulations or provisions of the Contract.
The Guarantor, as a principal obligor and as a separate and independent obligation and liability from its obligations and liabilities under sub-clause (a) above, irrevocably and unconditionally agrees to indemnify or keep indemnified the Hospital Authority against and shall pay to the Hospital Authority on demand and without cavil or argument all losses, damages, costs, charges and expenses on a full indemnity basis suffered or incurred by the Hospital Authority arising from or in connection with the failure of the Contractor to perform fully or promptly any of his, her or their obligations terms conditions stipulations or provisions of the Contract.
保证人作为主要债务人，并作为其在上述(a)款下的债务和责任之外的独立义务和责任，不可撤销且无条件地同意向医院管理局作出赔偿或保持赔偿，并应根据要求向医院管理局支付所有损失、损害、费用、开支和费用，以全额赔偿为基础，由医院管理局因承包商未能全面或及时履行其合同中的任何义务、条款、条件、规定或条款而遭受或产生的损失。
Subject to Clause 8, the Guarantor further agrees that all dividends, compositions and payments which the Hospital Authority may at anytime receive from the Contractor or from his, her or their estate or estates, whether in liquidation, bankruptcy or otherwise, in respect of such all losses damages costs charges expenses shall be taken and applied by the Hospital Authority as payments in gross, and that this Guarantee shall stand good in respect of the fiill amount stipulated in Clause 15.
除第 8 条另有规定外，保证人进一步同意，医院管理局随时从承包商或其财产（无论是在清算、破产或其他情况下）收到的所有股息、和解和付款，无论是在清算、破产或其他情况下，对于上述所有损失、损害、费用、开支和费用，医院管理局应将其视为全部金额的支付，并且本保证应就第 15 条规定的全额金额保持有效。
This Guarantee shall not be affected by any change of name or status in the company, firm or individual described as “the
Contractor” or where “the Contractor” is a partnership, any change in the partners.
The Guarantor shall not be discharged or released from this Guarantee by any compromise, settlement or arrangement made between the Hospital Authority and the Contractor or by any altemtion in the obligations imposed upon the Contractor by the Contract or by any waiver, forbearance or suspension granted by the Hospital Authority to the Contractor as to payment, time, performance or otherwise whether or not such compromise, settlement, arrangement, alteration, waiver or forbearance may have been or is made or granted with or without knowledge or assent of the Guarantor.
Without prejudice to Clause 4 above, the obligations of the Guarantor under this Guarantee shall remain in full force and effect and shall not be affected or discharged in any way by, and the Guarantor hereby waives notice of:
any suspension of, variation to or amendment of the Contract (including without limitation extension of time for performance of any obligations under the Contract or extension of the duration of the Contract) or any concession or waiver by the Hospital Authority, in whole or in part, in respect of the Contractor's obligations under the Contract;
合同（包括但不限于延长合同项下任何义务的履行时间或延长合同期间）的任何暂停、变更或修改，或医院管理局在全部或部分范围内对承包商在合同项下的义务作出的任何豁免或放弃；
any provision of the Contract being or becoming illegal, invalid, void, voidable, severed, severable or unenforceable;
合同中的任何条款成为或变得违法、无效、无效、可撤销、可分割、可分割或不可执行；
the temiination of the Contract (whether for reason of breach of any party or otherwise) or of the engagement of the Contractor under the Contract for any reason;
合同的终止（无论是由于任何一方违约还是其他原因）或因任何原因终止合同项下对承包商的雇佣；
any forbearance or waiver of any right of action or remedy that the HospitalAuthority may have against the Contractor and/or the negligence, failure, omission, indulgence or delay by the Hospital Authority in enforcing any right, power, privilege to or remedy available to the Hospital Authority in relation to the obligations of the Contractor set out in the Contract;
医院管理局对承包商和/或承包商的任何权利或补救措施的任何宽容或放弃，以及医院管理局在执行合同中承包商义务所赋予的任何权利、权力或特权方面的任何疏忽、失败、疏忽、宽容或延迟；
the voluntary or involuntary liquidation, baokniptcy, dissolution, sale of assets, receivership, geneml assignment for benefit of creditors, insolvency, reorganization arrangement, composition, or other proceedings of or affecting the Contractor or its assets, or any change in the constitution of the Contractor;
承包商或其资产的自愿或非自愿清算、破产、解散、资产出售、接管、债权人权益的一般分配、无力偿债、重组安排、和解或其他影响承包商或其资产的程序，或承包商构成的任何变更；
any assignment or sub-contracting by the Contractor of any or all of its obligations set out in the Contract, whether or not such assignment or sub-contracting has been consented to by the Hospital Authority or the Guarantor;
承包商将其在合同中规定的任何或全部义务转让或分包给他人，无论此类转让或分包是否已获得医院管理局或担保人同意；
without prejudice to the generality of the foregoing, any fact or event (whether similar to any of the foregoing or not) which in the absence of this provision would or might constitute or afford a legal or equitable discharge or release of or defence to the Guarantor, other than the express release by the Hospital Authority of the Guarantor's obligations.
除本条款另有规定外，任何事实或事件（无论是否与前述事实或事件相似），在没有本条款的情况下，可能会或构成或提供给担保人合法或衡平的免责、释放或抗辩。
This Guarantee shall extend to any variation of or amendment to the Contract and to any agreement supplemental thereto agreed between the Hospital Authority and the Contractor and for the avoidance of doubt, the Guarantor hereby authorizes the Hospital Authority and the Contractor to make any such amendment, variation or supplemental agreement.
This Guarantee shall have immediate effect upon execution and is a continuing security. This Guarantee shall cover all of the obligations and liabilities of the Contractor under the Contract and shall remain in full fome and effect and irrevocable
the date falling three months after the expiry of the Contract; or
the date on which all the obligations and liabilities of the Contractor under the Contract have been duly carried out, completed and discharged in accordance with the Contract,
whichever is the later. Notwithstanding the foregoing, if prior to the date of expiry of this Guarantee as aforesaid, there shall be any claim, litigation or threatened litigation concerning or arising out of the Contractor's possible breach of Contract, the Guarantor agrees that this Guarantee shall, upon notice of the Hospital Authority of such claim, litigation or threatened litigation, be automatically extended for a period until three months following the final conclusion of such claim, litigation or
以较晚者为准。尽管有前述规定，若在本保函所述有效期届满之前，有任何关于或因承包商可能违反合同而提出的索赔、诉讼或威胁的诉讼，担保人同意，在医院管理局通知其有关此类索赔、诉讼或威胁诉讼的情况下，本保函将自动延长至此类索赔、诉讼或威胁诉讼最终结案后三个月。
threatened litigation. For the avoidance of doubt, this Guarantee shall be further extended if there shall be any appeal proceedings until three months after a final decision which is non-appealable is delivered.
为免疑义，如果存在任何上诉程序，本保函应在不可上诉的最终裁决作出后三个月内进一步延长。
This Guarantee is in addition to and shall not merge with or otherwise preiudice or affect any contractual or other right or remedy or any guarantee, indemnity, lien, pledge, bill, note, charge or any other security which the Hospital Authority may at any time hold (collectively “Other Security”) and this Guarantee may be enforced by the Hospital Authority without first having recourse to any of the Other Security or taking any steps or proceedings against the Contractor, and notwithstanding any release, waiver or invalidity of the Other Security.
本保证书除另有规定外，不与任何合同或其他权利或补救措施或任何担保、赔偿、留置权、质押、汇票、欠条、费用或任何其他担保品合并，或以其他方式损害或影响任何医院管理局可能不时持有的任何权利或补救措施（统称为“其他担保品”），且医院管理局可无需首先寻求任何其他担保品或采取任何针对承包商的步骤或程序即可执行本保证书，且不论任何其他担保品的释放、放弃或无效。
Any demand, notification or certificate given by the Hospital Authority specifying amounts due and payable under or in connection with any of the provisions of this Guarantee shall be conclusive and binding on the Guarantor.
医院管理局根据或与本保证书的任何条款所指定的金额应付款项发出的任何要求、通知或证明，对担保人具有约束力并为最终决定。
The obligations expressed to be undertaken by the Guarantor under this Guarantee are those of primary obligor and not as a surety.
担保人在本保证书项下的义务是作为首要债务人而非保证人。
(i i) This Guarantee shall be governed by and construed according to the laws for the time being in force in the Hong Kong Special Administrative Region (“Hong Kong”) and the Guarantor agrees to submit to the exclusive jurisdiction of the Courts of Hong Kong.
(ii) 本保证书应根据香港特别行政区（简称“香港”）当时生效的法律进行解释和解释，并同意接受香港法院的专属管辖权。
The application of the Contracts (Rights of Third Parties) Ordinance is expressly excluded and no person who is not a party to this Guarantee shall be entitled to enforce any right or term of this Guarantee pursuant to the Contracts (Rights of Third Parties) Ordinance.
根据《第三方权利合约条例》的规定，本担保的适用被明确排除，除本担保的当事人外，任何非当事人的人士均无权根据《第三方权利合约条例》强制执行本担保的任何权利或条款。
All documents arising out of or in connection with this Guarantee shall be served:
本担保产生或与本担保有关的所有文件应送达：
upon the Hospital Authority, at the Room 3l0N, 3/F., Hospital Authority Building, 147B Argyle Street, Kowloon, Hong Kong, facsimile number (852) 2515 9046;
香港医院管理局，香港九龙亚皆老街 147B 号医院管理局大楼 3 楼 3l0N 室，传真号码（852）2515 9046；
upon the Guarantor, at
保证人，地址未提供，传真号码（852）2515 9046；
Hong Kong, marked for the attention of facsimile number
Documents to be served under this Guarantee shall be deemed to have been duly served by one party if sent by letter or fax addressed to the other party at the address stated above or to the facsimile number set out above. The documents so served shall be effective (a) on the date of delivery if hand-delivered; (b) on the date of transmission if sent by facsimile; and (c) if dispatched by mail (whether registered or not), on the day on which they are tendered for clelivery by the postal authority in Hong Kong.
115) The aggregate amount of the Guarantor's liability under this Guarantee shall not exceed
IN WITNESS whereof the said Guarantor has caused its Common Seal to be hereunto
affixed the day and year first above written.
在上面书写的日子和年份。
for and on behalf of and as )
代表并作为
lawful attorney of the Guarantor )
保证人的合法代理人 )
under power of attorney dated )
代理委托书日期 )
........... and deed of delegation )
以及委托书 )
dated ................. . ..... ... . . )
日期 .................... . ..... ... . . )
by ....... )
and in the presence of ................................ )
@ See Powers of Attorney Ordinance Cap. 31
Note: When Banker's Guarantees are executed under power of attorney,
a photocopy of the power of attorney, certified on each page by a Hong Kong solicitor that it is a true and complete copy of the original, should be submitted.
一份经香港律师在每页上认证的真实且完整的授权委托书复印件应当提交。