Invitation to Tender

Provision of MEP Consultancy Services for SFC Office

Relocation Project

26 July 2019

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Contents

1. INTRODUCTION 3

2. INVITATION TO TENDER AND INTERPRETATION 3

3. OUR REQUIREMENTS 4

4. GUIDELINES FOR TENDERERS 16

5. PAYMENT AND OTHER TERMS 19

6. GRIEVANCE PROCEDURES 21

ANNEX A – THE TECHNICAL PART 22

ANNEX B – THE PRICE SCHEDULE 24

ANNEX C – DECLARATION OF INTERESTS 25

ANNEX D – DECLARATION OF ANTI-COLLUSION 26

ANNEX E – CONFIDENTIALITY ACKNOWLEDGEMENT 27

ANNEX F – EXISTING OFFICE LAYOUT (CHEUNG KONG

CENTER) 31

ANNEX G – BASE BUILDING CAD PLAN (ONE ISLAND EAST) 32

ANNEX H – PROJECT MASTER PROGRAMME 33

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1. Introduction

The Securities and Futures Commission (“SFC”) now invites professional MEP service providers to submit proposals for its consideration for appointment as the MEP Consultant and to provide full MEP consultancy services from inception to completion of the SFC’s office relocation project.

2. Invitation to Tender and Interpretation

The SFC invites tenders containing proposals for the “MEP Consultancy Service – SFC Office Relocation Project” with scope of work specified in section 3 “Our Requirements”.

In this document, the following terms shall have the following meanings:

“Tenderer” means the person or persons or corporation tendering for the project, and includes the executors or administrators and permitted assigns of such person or persons or corporation;

“Contract” means a formal agreement to be entered into between the SFC and the successful Tenderer in relation to the provision of independent MEP consultancy services containing such terms and conditions as the parties shall agree, including (but not limited to) those terms set out in the section 5 “Payment and other terms” herein (unless the same shall have been modified or amended by the SFC); and

“Consultant” means the Tenderer whose tender is accepted.

The SFC shall not be liable to pay any costs arising out of or incidental to any preparation, submission, enquiry, clarification, negotiation or cancellation of this tender nor shall the SFC be under any obligation to disclose or discuss the assessment result of this tender with any of the Tenderers.

This is an invitation to offer and:

(i) The SFC shall not be bound to accept the offer with the lowest fee proposal;

(ii) The SFC shall not be bound to accept any offer or to make any appointment under this tender;

(iii) The SFC reserves the right not to consider any proposal that does not meet the SFC's requirements; and

(iv) The SFC reserves the right to negotiate with any Tenderer about any terms, conditions, clauses, paragraphs or parts of this tender, including any part of its technical and fee proposals, prior to award of contract.

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3. Our Requirements

3.1 Background

3.1.1 The SFC currently occupies approximately 146,884 sq ft (lettable) in Cheung Kong Center (“CKC”). SFC also operate an offsite storage facility in Hopewell Centre, Wan Chai, with an area of approximately 4,908 sq ft (lettable). The existing lease of both premises will expire on 1 September 2020.

3.1.2 SFC has recently signed a lease for 9 floors at One Island East (“OIE”) in Quarry Bay

as our new office accommodation. All staff currently housed in CKC and Hopewell Centre will be relocated to OIE. The total headcount of the SFC (including contractors and temporary staff) is approximately 1,200 as of April 2019.

3.1.3 We are scheduled to take possession of the whole of 45/F & 46/F from 1 February

2020, and the whole of 47/F, 48/F, 50/F, 51/F, 52/F, 53/F & 54/F from 1 April 2020. The combined lettable area of the 9 office floors in OIE is approximately 194,384 sq ft.

3.1.4 We expect the relocation schedule would be arranged by phases between May and

June 2020 according to the completion of the renovation work in the new office. After moving out of our existing CKC and Hopewell Centre offices, we are required to reinstate and hand over the premises to the landlord in a “bare-shell” condition by 1 September 2020.

3.2 Scope of Work

3.2.1 The successful Tenderers will be required to provide full MEP Consultancy Service from inception to completion including testing and commissioning. All correspondence between the SFC and the Tenderers must be presented in the English language and the key members of the appointed Tenderers must be fluent (written) in English. The MEP consultant is responsible to coordinate with appointed Project Manager (“PM”) and other vendors (e.g. Interior Designer, Main Contractor, IT & Security Contractor, etc.) for ensuring the project is delivered on time, within scope and within budget. This would include but not limited to the tasks identified below.

A All Project Stages

A.1 MEP Consultancy Service: General

Provide full and pro-active MEP Consultancy services from project Inception to

Completion/Feedback in order to achieve the successful completion of the project

within the agreed cost, time and quality parameters.

Identify interfaces between systems/packages and ensure compatibility.

Produce a fully coordinated MEP design

Responsible to issue all the detail MEP design drawings and site survey and to be

delivered timely to client, consultants or contractors.

A.2 Meetings

Attend weekly project team meetings conducted between the Client and the other

Client-appointed consultants / contractors.

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A All Project Stages

Attend meetings/presentations called by the client to progress any aspect of the

commission

A.3 Coordination with the Project Team

Interact/coordinate with the consultant team as well as the Client’s internal teams

using the correct protocols as set out by the PM.

Liaise directly with the Client’s Technology and Security stakeholders to ensure the

MEP requirements of their equipment is provided

A.4 Monitoring of Internal Resources

Monitor internal resources against workload and take remedial action as required

A.5 Procurement

Advise the Client/PM on the most suitable procurement approaches for the project

where appropriate

A.6 Budget / Cost

Provide information to the cost consultant for MEP cost planning and control

throughout all stages of the project.

A.7 Programme, Cost & Quality

Issue information in line with the requirements of the project programme and

information release schedule. Advise the Client/PM of any problems that threaten

the successful completion of the project as soon as they become known.

Offer alternative design solutions as required to keep the project cost and

programme within the agreed parameters

A.8 Project Execution Plan (the Brief)

Assist the PM as required with the development and updating of the Project

Execution Plan, the purpose of which is to set out the brief and identify the

strategy for the procurement/execution of the project through to occupation

A.9 Risk

Assist the PM as appropriate with the development and updating of the Project

Risk Register where appropriate

A.10 Change Management / Variations

Comply with the Change Management Procedure at all stages of the project.

Produce information as required for change requests/variations. It shall be

expected there will be a percentage of redesign of the layout during the course of

the project.

A.11 Value Engineering / Benchmarking

Assist the PM where appropriate in value engineering and benchmarking exercises

during the design stages of the project in order to demonstrate that the optimal

balance of capital/life cycle/costs in use has been achieved

A.12 Statutory Obligations/Approvals/Consents

Advise the Client on all MEP-related statutory obligations with which the Client

must comply.

Liaise/negotiate with all statutory bodies (planning / fire / environmental /

licensing etc…) and the landlord as required in relation to proposed MEP

installations and modifications

Assist with all applications related to the MEP installations

All design must comply with all statutory and landlord requirements i.e BEC

A.13 Compliance of Equipment & Installations

Ensure all proposed MEP installations/modifications (including contractor designed

elements) are compliant with local code

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A All Project Stages

A.14 Failures to meet the Client’s Brief

Where difficulties are identified in complying with the Clients brief, assist the PM

where appropriate with the submission of a report to the Client giving

recommendations and options.

A.15 Health & Safety Plan / File

Fully consider the construction and maintenance implications of all MEP designs.

Pass relevant information (e.g. designer’s risk assessments) to the Planning

Supervisor for incorporation in the Health and Safety Plan in a timely manner.

A.16 Prototypes, Mock-Ups & Models

Advise the Client/PM on the need for testing of prototypes, mock-ups or models

etc….. Make all arrangements for the same once instructed by the Client/PM

A.17 Issue of Information

Provide information to and discuss proposals with other consultants or 3rd parties

identified by the Client/PM.

All information to be issued in accordance with PM-specified project protocols.

Each new revision of any item of information MUST be accompanied by an

updated drawing register.

Provide ACAD file to Client, PM, consultants and contractors as requested by PM.

A.18 Disputes & Claims

Assist the Client regarding the settlement of contractual disputes.

Alert the Client and the other members of the consultant team to the possibility of

receiving claims from the contractor

In the event that claims are received from the contractor keep all parties informed.

Evaluate claims, make recommendations and assist with negotiations.

Note: For complex disputes involving adjudication, arbitration or litigation the MEP

Consultant and the Client shall agree additional fees prior to commencement of work by the

MEP consultant

A.19 CAD Standards

All design and development CAD/CAFM drawings are to comply with the standard

provided by the Client

A.20 Landlord / Technical Provisions

Support the consultant PM on dealing with the landlord throughout the project

including attending meetings and site inspections

Provide information required for landlord submission and approvals

Conduct a review of the base building services systems provided and provide a

report on all issues and risks.

B Inception, Feasibility & Outline Design Stage

B.1 All Project Stages

Refer to tasks in ‘All Project Stages’ section

B.2 Client Procedures

Obtain information on and become familiar with client procedures applicable to

the project

B.3 Project Execution Plan (the Brief)

Receive an initial brief and information about the building from the Client/PM.

Assist in identifying possible options and expenditure limits. Obtain Client/PM

approval of the scope of feasibility investigations

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B Inception, Feasibility & Outline Design Stage

Assist the PM in the development of the Project Execution Plan and the Project Risk

Register as required

B.4 Site Information

Obtain from the Client/PM as-built information on the site/existing MEP

installations and analyse.

Ascertain the availability of mains services from statutory suppliers / landlord

The MEP Consultant should assume when bidding that detailed as-built

engineering information may not be forthcoming from the landlord and as a result

more detailed surveys may be required B.5 Outline Proposals

The MEP Consultant shall:

Review base building services advise on the method of integration to existing areas

with least disruption

Collaborate with the other consultants in investigating the available range of

options for the MEP installations.

Provide a detailed design brief including high level schematic designs for approval.

Details will include but not limited to estimated loading requirements based on

best practices and loading estimates provided by various parties. These documents

shall also be used by the Cost Consultant to enable the Cost Consultant to produce

an overall MEP Services budget for the project. Allow to update and amend this

design brief to achieve approval from the Client.

Provide sufficient details to enable an elemental Project Cost Plan to be prepared

by others and allow to conduct a peer review of the cost plan prepared by others.

The cost plan shall allow for all elements of the project from design, construction

and commissioning, through to practical completion.

In liaison with the other members of the project team undertake further cost

studies / reviews as may be necessary

Provide advice for spatial planning for M&E rooms associated with the Main

Computer Room and other ancillary plant room area’s.

Provide concept designs to include schematic designs for all services, single line

diagrams, preliminary plant and equipment selection.

Participate in project planning

Revise plans and design concepts during the outline design stage as requested by

Client until approved by Client

B.6 Validation Exercises / Surveys / Tests

Advise the Client/PM on the requirement for validation tests on existing MEP

installations. Produce detailed validation schedules and make arrangements for

validation testing. Review results of validation testing and provide advice to the

Client/PM on the same

Advise the Client/PM on the requirement for specialist surveys or tests. Make all

necessary arrangements for the same once approval given by the Client/PM.

Report on the results of any such tests

Conduct a survey of existing MEP installations and advise Client/PM on

findings/discrepancies in the as-built information

Prepare schedules of conditions where work is being carried out to existing

facilities, including photographic surveys B.7 Feasibility Investigations

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B Inception, Feasibility & Outline Design Stage

Generate feasibility options/investigations etc…. in conjunction with the other

consultants

Participate in design team/client group workshops.

Consider alternative MEP approaches.

Assess the existing MEP infrastructure installations for compatibility with the

proposed works

B.8 Specialist Consultants & Subcontractors

Advise the Client on the need for specialist consultants, contractors, sub-

contractors and suppliers to design and execute any part of the works comprised

in the Project. Attend interviews with the same as required by the Client

B.9 Early Procurement

Assist the PM in the preparation of an early procurement strategy for items of MEP

equipment that are on long delivery periods.

B.10 Budget

Undertake a preliminary technical evaluation of the project and provide a

preliminary MEP budget estimate and/or issue information to the cost consultant

so that the cost consultant can calculate a preliminary project budget

Provide sufficient details to enable an elemental Project Cost Plan to be prepared

by others and allow to conduct a peer review of the cost plan prepared by others.

The MEP Consultant shall conduct a peer review of the Cost plan prepared by the

Project Manager to ensure that all engineering elements are adequately captured.

The cost plan shall allow for all elements of the project from design, construction

and commissioning, through to practical completion.

The MEP Consultant shall provide a detailed design brief with some high level

schematic designs to the Project Manager to enable the cost consultant to produce

an overall cost plan

In liaison with the other members of the project team undertake further cost

studies / reviews as may be necessary in order to submit alternative proposals.

B.12 Scheme Design

Develop a Scheme Design from approved outline proposals. In conjunction with

the other consultants, submit a coordinated scheme design report including all

supporting calculations including but not limited to power load calculation, air

flow… for the Client’s approval

Prepare schedules of power, heating, cooling etc loads as applicable

Provide advice, drawings, specifications etc…. so that the spatial and structural

requirements of the MEP services can be shown on scheme design drawings

(including approximate weight of major items of equipment, size and location of

plant rooms, principal pipe routes, ducts etc……..)

Prepare sections showing dimensioned zones for the accommodation of services

in relation to architectural and structural elements

C Detailed Design & Production Information Stage

C.1 All Project Stages

Refer to tasks in ‘All Project Stages’ section

C.2 Detail Design

Produce coordinated detail design information based on the approved scheme design to

include:

Detailed specifications and statements of performance criteria

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C Detailed Design & Production Information Stage

Detailed drawings

Detailed schedules

Etc…..

Provide to the Client all calculations upon which the detailed design is based

C.3 Contractor’s Design

Co-ordinate work with any specialist contractors appointed to carry out early design

C.4 Commissioning Strategy

Manage the preparation of the strategy for commissioning, testing, witnessing and

handover of the MEP systems including securing of the O&M manuals from

contractors prior to practical completion

C.5 Compliance with Statutory Requirements

Ensure all proposals comply with statutory requirements. Advice and correction to

be provided where infringement may occur.

Assist with the preparation and submission of applications for the following

approvals as required:

- Building code/regulations

- Fire department

- Landlord

- Other as requested by the Client

Issue compliance report regarding approvals and regulations

Assist in updating the building fire safety strategy

C.6 Prepare Production Information

Produce production information (drawings, specifications, schedules etc…) for the project

based on the detailed design information approved by Client. Ensure information is fully

coordinated with that of the other members of the consultant team. Information is to be in

sufficient detail that fixed price tenders may be obtained from the tenderers.

As a minimum the following information shall be included:

Schedule of drawings

General notes, conditions, specifications and performance specifications for all project

related services/materials including notes on workmanship

MEP demolition plans (if required)

Co-ordinated layout drawings showing the routes and sizes of all ducts, pipes and

cable trays/trunking/conduit

Plant room and riser layouts & sections, as appropriate

Power, data, life safety, security, HVAC/BMS etc… drawings

Provide input to the reflected ceiling plans showing luminaries, sprinklers, detectors,

ceiling mounted signage, ceiling mounted beacons, ceiling mounted CCTV cameras,

air supply and return grilles etc………and wall elevations setting out services and

equipment

Equipment location plan, specifications and schedule including relocation of existing,

if required

Detailed testing and commissioning requirements including information on the results

required

Requirements for the regulation of engineering systems post-handover (e.g. seasonal

adjustments etc…)

Co-ordination drawings showing relationship to structure and architectural elements

System schematics and cause and effect matrices with design data for commissioning

Builders work drawing setting out penetrations through the structure and

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C Detailed Design & Production Information Stage

requirements for equipment bases

Schedules of all items of ALL items of plant and equipment. Schedules should state

preferred manufacturers and type with a shortlist of alternatives (to be agreed in

conjunction with the Client’s judged as equal after consultation with the Client’s

engineering team)

Requirements defining the method of work by the contractor, paying particular

attention to how works are to be undertaken in order to eliminate/minimise risk to

the business

C.7 Cost

Provide Schedule of Rates and/or Quantities and/or Schedule of works and

Technical Specification for tendering purposes. Provide information to other

consultants for their revision of cost estimate.

D Tender Stage

D.1 All Project Stages

Refer to tasks in ‘All Project Stages’ section

D.2 Tender Process

In conjunction with the PM and the other consultants, advise on and obtain the

Client’s approval to a list of tenderers for the Main and/or Sub-Contracts.

Attend pre-qualification, mid-bid and tender interviews as necessary in accordance

with the agreed selection procedures.

Respond to contractor queries on the architectural tender information in a timely

manner in order to prevent delay during the tender process.

Review tender returns from an MEP perspective and provide recommendation

report

Assist PM as required in the preparation of the tender recommendation report.

E Construction, Testing & Commissioning and Handover Stage

E.1 All Project Stages

Refer to tasks in ‘All Project Stages’ section

E.2 Procurement

Advise on procurement activities where appropriate

Attend factory testing of equipment as required as instructed by the Client

E.3 Contractor’s Shop Drawings / Samples / Product Data

Review and comment on contractor’s shop drawings, product data, samples and

‘approved equals’ to determine conformance with design documents.

E.4 Pre-Start Meeting

Attend pre-start meeting

E.5 Construction Set

On request issue the ‘Construction Set’ to the PM

E.6 Contractor RFI’s

Respond to engineering/life safety -related contractor RFIs in a timely fashion in

order to prevent delay.

E.7 Site Meetings

Attend weekly site meetings

E.8 Contractors’ Method Statements

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E Construction, Testing & Commissioning and Handover Stage

Review, comment on and approve all contractor/subcontractor MEP-related method

statements ensuring that proposed works minimise/eliminate risk to the business

E.9 Reports

Assist the PM with the production of weekly site progress reports to the client

E.10 Progress / Quality of Works

Visit the site at least twice a week during construction (and more frequently at

critical stage). Issue a site visit report to the PM within 48 hours of each visit.

Check that the works comply with the requirements set out in the construction

documentation. Highlight issues/concerns at once to the PM.

Generally inspect materials/equipment delivered to the site.

As appropriate, advise any requirement for sample taking and tests of materials,

components, techniques, equipment and workmanship and examine the conduct

and results of such tests whether on or off site.

As appropriate, advise the PM of any need to open up completed work to

determine that it is generally in accordance with the Contract Documents.

Recommend to Client rejection of installations that do not comply with the design

documents and construction contract standards giving Client written or graphic

explanation;

E.11 Powerdowns / Interface Work

Manage/plan all interface work with the live office environment as well as manage

all powerdown activities required to complete the work.

Be in attendance for all powerdown and interface work out of hours) as required for

the project to ensure business operations are not interrupted.

E.12 Alternative Equipment / Material

Assist in specifying alternative equipment/material where required to complete the

project within programme/budget. The material proposed shall not undermine the

intended performance or appearance of the design

E.13 Change Orders/Variations

Assist with the production of information for change orders/variations where

required. E.14 Contractor Claims, Interim Payments & Final Accounts

Assist the cost consultant where required in assessing the validity of engineering

related contractors claims, requests for payments and final accounts.

E.15 Commissioning / Witnessing / Testing / Defects

Review and approve testing method statements submitted by

contractor/subcontractors

Witness, signoff and report on all commissioning and testing activities of all systems

on behalf of the Client (including the offsite performance tests)

Produce commissioning/testing report

Reports to include test result record sheets

Plan, coordinate and attend final Integrated Services Testing

Produce MEP snag/punch lists for the completed works and issue to the PM

consultant. Track close-down of the snagging items by contractor.

Ensure all systems perform in compliance with design intent prior to signing off

E.16 O&M Manuals

Review and comment on contractor’s draft O&M information and as-built

information ensuring all commissioning/testing documentation/certification is

included.

Once satisfied with the quality of information confirm approval to PM

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E Construction, Testing & Commissioning and Handover Stage

E.17

Preventative Maintenance and Seasonal Testing Regime

Propose to the Client’s Facilities Management team a preventative maintenance and

seasonal testing regime

E.18 Training / User Demonstrations

Plan and manage the training of the Client’s MEP maintenance team on the new /

modified systems

E.19 Statutory Licenses & Possession

Advise and assist the Client in obtaining the necessary statutory approvals etc… for

the occupation/use of the finished project

Advise the Client on the arrangements for taking possession of the project

Assist as required in the demonstration of the systems to local statutory authorities

Certify the relevant building services installations involved in major retrofitting

works that the installations comply with the BEC, issue Forms of Compliance (FOC)

to responsible persons or owners of the premises concerned

F Project Close Out, Feedback / Defects Liability Period Stage

F.1 Defects Liability Period

Provide advice on any significant MEP design/installation issues that arise during

the DLP

Participate in the final inspection of the project at the end of the 1 year Defects

Liability Period and produce snagging list.

Inspect subsequent making good and advise the PM as required on the issue the

Certificate of Making Good Defects and the Final Certificate

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3.3 Deliverables

The successful Tenderer will be required to produce but not limited to the key deliverables identified below: Inception, Feasibility & Schematic Design Stage (Remarks: All designs and drawings are subject to the SFC’s approval)

- Prepare Design Brief/ Presentation

- Prepare Test Fit Layout

- Site Investigation/ Survey

- Prepare Schematic Design

- Provide relevant technical calculations to support the scheme design

Detailed Design & Production Information Stage (Remarks: All designs and drawings are subject to the SFC’s approval)

- Prepare Detail Design Drawings & Specification

- Prepare and submit statutory submission (if required)

- Prepare Tender Drawings and specification that is in sufficient detail for Main

Contractor Tender

- Prepare Schedule of Rate for MEP systems

Tender Action Stage

- Issue drawings and specifications in sufficient detail for tender

- Attend pre-qualification, bid and post tender interview

- Respond to contractor queries

- Evaluate on Tenderers’ performance and prepare Tender recommendation report & Evaluation matrix

Construction Planning Stage

- Review and comment on contractor’s shop drawings, product data, sample and other documents relevant to MEP

- Prepare Construction Drawings Set for Main Contractor

- Conduct Site Survey of new space

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Construction, Commissioning, Testing & Handover Stage

- Response to Contractor’s RFI

- Attending weekly site meetings

- Assist the PM for site progress report

- Regular site visit for construction progress and quality control

- Review and comment on variations/ changes

- Review and comment testing and commissioning method statements submitted

by contractor(s)

- Attend testing and commissioning performed by contractors. Endorse the results

- Prepare defect list

- Attend handover meetings/ inspection

Project Close Out, Feedback & Defects Liability Period Stage

- Assist the PM for project close out report

- Review and comment on contractor’s O&M Manuals & As-built information

- Participate in final inspection after defect liability period.

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3.4 Timetable

A tentative time-table of the Project is as follows:

Milestone Target Completion Date

Issue Invitation to Tender 26 July, 2019

Tender close 9 August, 2019

Tender presentation and clarification 12-23 August 2019

Project start End August 2019

Phase 1 (2 Floors)

Sign-off Detail Design Mid-Oct 2019

Main Contractor Tendering Stage Mid Oct– Dec 2019

Commencement of Construction February 2020

Practical Completion April 2020

Phase 2 & 3 (7 Floors)

Sign-off Detail Design Mid-Dec 2019

Main Contractor Tendering Stage Mid Dec 2019 – Mar 2020

Commencement of Construction Apr 2020

Practical Completion June 2020

3.5 Project Team

At this time, the project team consists The Securities and Futures Commission and CBRE ltd. as the Project Manager.

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4. Guidelines for Tenderers

These guidelines are intended to provide Tenderers with guidance on the procedure for submitting their proposals and the approach that the SFC will generally adopt in assessing such proposals. They do not bind, and are not intended to bind, the SFC in any way. The SFC reserves the right to accept or reject all or any part of a proposal.

4.1 Preparation and Submission of Proposals

4.1.1 What must the proposals cover?

Your proposal must be presented in sufficient detail to cover the matters set out under “Our Requirements” in section 3 above.

Each proposal must be separated into the following parts:

(a) a Technical Part describing the proposals (including all information set out in Annex A);

(b) a Price Schedule (including all information set out in Annex B); and

(c) a Covering Letter:

(i) offering to carry out the services described in the Technical Part for the prices detailed in the Price Schedule in compliance with the payment and other terms set out in section 5 of this Invitation to Tender;

(ii) stating the period that the offer is to remain open;

(iii) undertaking to negotiate in good faith to finalize promptly the Contract and to commence work in accordance with the timetable set out in the proposal;

(iv) containing an acknowledgement and agreement that the SFC :

a. is not bound to accept the lowest tender or any tender;

b. reserves the right to make changes to the specification; and

c. will not defray any expenses incurred in tendering and/or in negotiating the Contract, whether successful or otherwise

(v) signed by the Tenderer (in the case of an individual) or a duly authorized officer of the Tenderer (in the case of a company or partnership).

Tenderers may propose alternatives to the SFC’s requirements and conditions if they consider that such conditions and requirements are either not feasible or do not provide the SFC with the best solution in the circumstances.

For both hardcopy and softcopy of the proposal, the Price Schedule must be submitted as a separate document and be placed in a separate envelope. The envelope containing the Price Schedule must be clearly marked “Price Schedule.” Price information must not be specified in the Technical Part or the Covering Letter.

4.1.2 Personnel

Resumes of all proposed personnel must be provided in the proposal including the name, current level and originating office in the Tenderer’s organisation. The SFC reserves the right to interview and to request client references for all personnel proposed.

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4.1.3 What form must proposals take?

All proposals must be in both writing and electronic form. Three hardcopies of each proposal must be provided, together with a softcopy. The softcopy should be in Microsoft Word format or Adobe Acrobat format.

4.1.4 To whom must proposals be submitted?

Written proposals should be marked with the reference “MEP Consultancy Service – SFC Office Relocation” and must be submitted in a sealed envelope and deposited to a TENDER BOX at the following address:

Securities and Futures Commission

30th Floor, Cheung Kong Center

2 Queen’s Road Central

Hong Kong

4.1.5 What is the deadline for the submission of proposals?

Proposals must be received by the SFC at the above-mentioned addresses on or before 2pm on 9 August 2019. The SFC will not consider any late proposals.

4.1.6 How long should Tenderers’ offers remain open?

By making a proposal in response to this Invitation to Tender, a Tenderer will be treated as having made an offer to the SFC. A Tenderer should clearly state in its proposal how long this offer will remain open.

In order to allow the SFC sufficient time to consider all proposals validly submitted, Tenderers should keep their offers open for at least 90 days from the closing date of this Invitation to Tender. If this cannot be done, the reason must be stated in the proposal.

4.2 Queries Regarding This Invitation to Tender or Proposals Made in

Response

4.2.1 What if the SFC has any queries about a particular proposal?

If the SFC considers that any aspect of a proposal requires clarification from the Tenderer, the SFC may request that the Tenderer:

(a) supplement its proposal; or

(b) answer the SFC’s specific queries orally or in writing, or in any manner that the SFC deems fit.

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4.2.2 What if a Tenderer has any queries?

Any queries regarding this Invitation to Tender should be made to:

Mr. Kenneth Tang Project Director CBRE Project Management Telephone: 2820 2800 Fax: 2820 0830 Email: Kenneth.Tang@cbre.com.hk

Mr. Kit Chan Senior Project Manager CBRE Project Management Telephone: 2820 2800 Fax: 2820 0830 Email: Kit.chan@cbre.com.hk

Ms. Christine Chan Project Manager CBRE Project Management Telephone: 2820 2800 Fax: 2820 0830 Email: Christine.chan@cbre.com

Mr. Alex Lui Project Manager CBRE Project Management Telephone: 2820 2800 Fax: 2820 0830 Email: Alex.lui@cbre.com

4.3 Evaluation of Proposals

4.3.1 How does the SFC evaluate valid proposals that it receives?

There are two parts to the SFC’s evaluation process: evaluation of the Technical Part and evaluation of the Price Schedule (in that order). The Price Schedule will only be considered after the SFC has evaluated the Technical Part. The SFC will not make any selection based solely on price.

4.3.2 Evaluation of the Technical Part

The SFC will generally evaluate the technical aspects of each proposal according to the following criteria:

(a) Compliance to the proposed scope of services

(b) Understanding of the requirements

(c) Relevant experience in Grade A office buildings

(d) Technical capabilities of the proposed project team

(e) Project team structure and dedicated personnel

(f) Respective team members’ workload over the project period

(h) Costs, fees and terms proposed

The above criteria are for reference only, which provide Tenderers an indicative guideline of their relative significance. SFC reserves the right to change the criteria and/or the weighting of any item without further notifying the Tenderers.

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4.4 Notification of Results and Rejection of Proposals

The SFC will notify all Tenderers by post and/or e-mail within 21 days of finalizing its selection as to whether or not they have been selected by the SFC. The SFC retains the right to reject any or all tenders(s) submitted.

4.5 Acceptance

No Tender (or part thereof) shall be taken to have been accepted unless and until execution of the Contract.

5. Payment and Other Terms

5.1 Payment terms

The SFC has a performance-based payment policy, under which payments will be made on actual delivery of services or products.

Proposed payment terms as below:

Stage Payment

Formal Appointment 10%

Detail Design sign-off by the SFC 20%

Completion of Phase 1 (45/F & 46/F) 25%

Completion of Phase 2 & 3 (47/F, 48/F, 50/F to 54/F)

35%

Completion of Project Close Out Documents

10%

5.2 Termination of service

The successful Tenderer shall use its best endeavours to perform the Contract with such due care and skill as is expected of a provider of similar services and products and of a comparable standing in the industry but if for whatever reason, the SFC in its opinion, concludes that the successful Tenderer is in breach of the Contract or does not provide the level of service required by the SFC, the SFC shall have the right to terminate the Contract by notice in writing to the successful Tenderer.

5.3 Conflicts of interest

A Tenderer must declare that they have no interest which conflicts, or has the potential to conflict, with its duties to the SFC under the proposal. If a Tenderer has any interest which conflicts, or has the potential to conflict, with its duties to the SFC under the proposal, the Tenderer should clearly state this in the declaration form (refer to Annex C). This requirement extends to the Tenderer’s associates, associated persons, group companies and each member of the Tenderer’s professional staff (and their associates and associated persons).

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5.4 The incorporation of proposals into Contract signed with the SFC

Any proposals and responses to the SFC’s inquiries submitted by the successful Tenderer may form part of the Contract made between the SFC and such Tenderer. Every representation by the successful Tenderer (whether of fact or performance, and whether set out in the proposal or otherwise) will be incorporated as warranties in any Contract between the SFC and such Tenderer. Therefore, any statement of fact or performance that the Tenderer does not wish to be treated as a warranty should be clearly indicated. If the Tenderer intends to limit liability for damages arising from either professional negligence or non-performance under the terms of the Contract please specify what restrictions on liability are proposed. The SFC would normally expect liability limits for consultancy contracts to be expressed as a multiple of the contract price.

5.5 Anti-collusion

The Tenderer shall not communicate to any person other than the SFC the amount of any tender, adjust the amount of any tender by arrangement with any other person, make any arrangement with any other person about whether or not he or that other person should or should not tender, or otherwise collude with any other person in any manner whatsoever in the tendering process until the tenderer is notified by the SFC of the outcome of the tender exercise. Any breach of or non-compliance with this by the tenderer shall, without affecting the tenderer’s liability for such breach or non-compliance, invalidate his tender. The tenderer shall submit to the SFC a duly signed letter in the form set out in Annex D. The letter shall be signed by a person authorised to sign the contract on the tenderer’s behalf.

This shall have no application to the tenderer’s communications in strict confidence with his own insurers or brokers to obtain an insurance quotation for computation of tender price and communications in strict confidence with his consultants / sub-contractors to solicit their assistance in preparation of tender submission.

5.6 Confidentiality

The Tenderer should treat all information contained in this document, all information previously provided, and any subsequent communications with the SFC, as confidential. This information should only be used by the Tenderers to prepare responses to the tender. Information must not be released to external parties without the express written consent of the SFC.

All responses and other materials submitted in response to this document will become the property of the SFC. The SFC assumes no obligation and shall incur no liability regarding confidentiality of all or any portion of a response or any other material submitted in response to this document unless expressly agreed in writing to protect specifically identified information.

The SFC is a statutory body responsible for regulating the securities and futures and leveraged foreign exchange markets in Hong Kong. In carrying out its functions, the SFC receives confidential and potentially valuable information. The successful Tenderer is required to sign a Confidentiality Acknowledgement (Annex E) and be compiled with the provisions of sections 378 and 379 of the Securities and Futures Ordinance.

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5.7 Prevention of Bribery

A Tenderer shall prohibit its directors, employees, agents, and sub-contractors who are involved in this tender from offering, soliciting or accepting any advantage as defined in the Prevention of Bribery Ordinance, Cap 201 when conducting business in connection with this mandate. The Tenderer shall take all necessary measures (including by way of a code of conduct or contractual provisions where appropriate) to ensure that its directors, employees, agents and sub-contractors are aware of the prohibitions in this clause.

5.8 SFC Specified Contract

The successful Tenderer is expected to enter into a Contract with the SFC. Any waiver, cancellation, alteration or amendment of or to any of the terms and conditions of the Contract must be agreed to by both parties and effected in writing by the successful Tenderer and the SFC.

6. Grievance Procedures

The SFC, as a public body, has a duty to conduct its affairs in a responsible and transparent manner and has put in place Public Interest Grievance Procedures. The policy on Public Interest Grievances is intended to assist persons who are engaged by or to work in/with the SFC who believe that they have discovered improper practices or misconduct relating to the running of the SFC or work related activities of employees of the SFC to report these in a constructive manner.

This policy is for any person who has an employment contract with the SFC, is on secondment to the SFC, is engaged as an independent consultant by the SFC or is a contractor or supplier of services to the SFC. Public Interest Grievances might include:

Criminal activity, such as accepting a bribe;

Financial or administrative malpractice;

Misconduct or improper behaviour;

Failure to comply with legal obligations such as those set out in the Securities and Futures Ordinance;

Endangering occupational health or safety;

Attempts to suppress or conceal information relating to any of the above.

The Policy on Public Interest Grievances can be found on the SFC website under “About the SFC”. Please contact the Commission Secretary of the SFC if you have any questions.

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ANNEX A – The Technical Part

A. The Technical Part

The Tenderer is free to include any information that it considers to be relevant to its proposal. However, as a minimum, this part should contain all of the following:

Table of Contents

1. Executive Summary

This section should provide a full summary of the service delivery approach and methodology.

2. The Proposed Consultancy Service Delivery Approach

This section should describe the proposals in detail and explain how the proposed approach meet the requirements set out in section 3 and describe any limitations and compatibility issues associated with the proposals. Tenderer should submit a proposed project development programme from inception design to handover stage to demonstrate the understanding of the project requirements.

3. Exceptions to the SFC’s Conditions and Requirements

If a Tenderer wishes to propose alternatives to the SFC’s conditions and requirements, these alternatives should be specified here. The Tenderer should explain:

(a) why the SFC’s conditions and requirements do not provide the SFC with the best approach in the circumstances; and

(b) the ways in which their alternatives are better.

4. Tenderer Profile

The Tenderer should provide full details of its company profile, and the following information to identify your track records focused on local office fit-out projects with similar project and business nature:

(a) Projects of a similar size and scope

(b) Provided services of the completed projects in recent 3 years

(c) Project completion photos (d) Committed workload in next one year

5. Appendices

5.1 Staffing (a) Proposed team and structure. One senior design lead dedicated to the

Project is required.

(b) Roles & Responsibility of key staffs in your design team.

(c) Relevant job reference & experiences of key staffs

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(d) Committed time allocation (in percentage) of the assigned team members for the next one year.

5.2 Other information

Please provide copies of the following valid insurance policy for reference.

(a) Professional Indemnity of not less than US$ 1,000,000 for any one claim

(b) Employee’s Compensation Liability to meet local statutory requirements

Please furnish any additional information you feel would be relevant to this Tendering process.

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ANNEX B – The Price Schedule

B. The Price Schedule

This part should contain all of the following:

1. Executive Summary

This part should provide a full summary of the fees proposal including hourly rate of each project team member, and any payment arrangements.

2. Proposed Fees

All fees must be quoted in Hong Kong Dollars. The SFC expects tender prices to be fixed to the maximum extent possible. Where appropriate the charges for out-of-pocket expenses should be given.

3. Payment Terms and Arrangements

Payment must correlate with major milestones/achievements or deliverables, in accordance with the SFC’s performance-based payment policy.

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ANNEX C – Declaration of Interests

To: Securities and Futures Commission:

I hereby declare that (1) ：

□ I, associated persons, group companies and each member of the my professional staff

(and their associates and associated persons) have no pecuniary or other personal

interest, direct or indirect, in any matter that raises or may raise a conflict with my duties

under this Proposal.

□ I, associated persons, group companies and each member of the my professional staff

(and their associates and associated persons) have / potentially(2) have pecuniary or other

personal interest, direct or indirect, in certain matter that raises or may raise a conflict

with my duties under this Proposal. The particulars of such matter are stated below:

(a) Persons/companies with whom/which I have official dealings and/or private

interests:

________________________________________________________________

________________________________________________________________

(b) Brief description of my duties which involved the persons/companies mentioned in

item (a) above:

________________________________________________________________

________________________________________________________________

Signature: _______________________________

Name: _______________________________

Position: _______________________________

Company: _______________________________

Date: _______________________________

Note:

1. Please put a “” in the appropriate box

2. Delete as appropriate

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ANNEX D – Declaration of anti-collusion

To: Securities and Futures Commission:

“Provision of MEP Consultancy Services for SFC Office Relocation Project”

I / We(1), confirm that as at the time of submission of this Proposal and other than the

Excepted Communications referred to in the last paragraph below, I / We(1) had not

communicated to any person other than the SFC the amount of any tender, adjusted the

amount of any tender by arrangement with any other person, made any arrangement

with any other person about whether or not I / We(1) or that other person should tender,

or otherwise colluded with any other person in any manner whatsoever, and undertake

that at any time thereafter in the tendering process for the above Project until the

tenderer is notified by the SFC of the outcome of the tender exercise and other than the

Excepted Communications, I / We(1) will not communicate to any person other than the

SFC the amount of any tender, adjust the amount of any tender by arrangement with any

other person, make any arrangement with any other person about whether or not I / We(1)

or that other person should tender, or otherwise collude with any other person in any

manner whatsoever.

The expression “Excepted Communications” means our communications in strict

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

computation of tender price and communications in strict confidence with our

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

submission.

Signature: _______________________________

Name: _______________________________

Position: _______________________________

Company: _______________________________

Date: _______________________________

Note:

1. Delete as appropriate.

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ANNEX E – Confidentiality Acknowledgement

Acknowledgement and Undertaking

Acknowledgment in relation to the preservation of secrecy pursuant to section 378 of the Securities and Futures Ordinance (Chapter 571 of the Laws of Hong Kong) (“SFO”) and avoidance of conflict of interests pursuant to section 379 of the SFO. Terms in this acknowledgement shall have the same meaning as defined in the SFO, unless otherwise defined herein. _________________________________________________________________________________

To: Section 378 of the SFO binds you and in particular subsection (1) of that section which provides as follows:

(1) Subject to subsection 13(A), except in the performance of a function under, or for the purpose of carrying into effect or doing anything required or authorized under, any of the relevant provisions, a specified person -

(a) shall preserve and aid in preserving secrecy with regard to any matter coming to his knowledge by virtue of his appointment under any of the relevant provisions, or in the performance of any function under or in carrying into effect any of the relevant provisions, or in the course of assisting any other person in the performance of any function under or in carrying into effect any of the relevant provisions;

(b) shall not communicate any such matter to any other person; and (c) shall not suffer or permit any other person to have access to any record

or document which is in his possession by virtue of the appointment, or the performance of any such function under or the carrying into effect of any such provisions, or the assistance to the other person in the performance of any such function under or in carrying into effect any such provisions.

TAKE NOTICE THAT IF YOU CONTRAVENE SECTION 378(1) OF THE SFO YOU COMMIT AN OFFENCE UNDER SECTION 378(10) OF THE SFO. ANY PERSON WHO COMMITS AN OFFENCE UNDER SECTION 378(10) IS LIABLE: (a) on conviction on indictment to a fine of HK$1,000,000 and to imprisonment for two

years; or (b) on summary conviction to a fine of HK$100,000 and to imprisonment for six months. Section 379 of the SFO binds you and in particular subsections (1), (2) and (3) of that section which provide as follows:

(1) Subject to subsection (2), any member of the Commission or any person performing any function under any of the relevant provisions shall not directly or indirectly effect or cause to be effected, on his own account or for the benefit of any

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other person, a transaction regarding any securities, structured product, futures contract, leveraged foreign exchange contract, or an interest in any securities, structured product, futures contract, leveraged foreign exchange contract or collective investment scheme -

(a) which transaction he knows is or is connected with a transaction or a person that is the subject of any investigation or proceedings by the Commission under any of the relevant provisions or the subject of other proceedings under any provision of the SFO; or

(b) which transaction he knows is otherwise being considered by the Commission.

(2) Subsection (1) does not apply to any transaction which a holder of securities or a

structured product effects or causes to be effected by reference to any of his rights as such holder -

(a) to exchange the securities or structured product or to convert the securities or structured product to another form of securities or structured product;

(b) to participate in a scheme of arrangement sanctioned by the Court of First Instance under the Companies Ordinance (Cap. 622) or the relevant Ordinance;

(c) to subscribe for other securities or another structured product or dispose of a right to subscribe for other securities or another structured product;

(d) to charge or pledge the securities or structured product to secure the repayment of money;

(e) to realize the securities or structured product for the purpose of repaying money secured under paragraph (d); or

(f) to realize the securities or structured product in the course of performing a duty imposed by law.

(3) Any member of the Commission or any person performing any function under any of the relevant provisions shall forthwith inform the Commission if, in the course of performing any function under any such provisions, he is required to consider any matter relating to -

(a) any securities, futures contract, leveraged foreign exchange contract, structured product, or an interest in any securities, futures contract, leveraged foreign exchange contract, collective investment scheme or structured product -

(i) in which he has an interest; (ii) in which a corporation, in the shares of which he has an interest,

has an interest; or (iii) which -

(A) in the case of securities, is of or issued by the same issuer, and of the same class, as those in which he has an interest;

(B) in the case of a futures contract, is interests, rights or property based upon securities of or issued by the same issuer, and of the same class, as those in which he has an interest; or

(C) in the case of a structured product, is interests, rights or property based on a structured product of or issued by

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the same issuer, and of the same class, as that in which he has an interest; or

(b) a person - (i) by whom he is or was employed; (ii) of whom he is or was a client; (iii) who is or was his associate; or (iv) whom he knows is or was a client of a person with whom he is

or was employed or who is or was his associate. TAKE NOTICE THAT IF YOU CONTRAVENE SECTION 379(1) AND/OR SECTION 379(3) OF THE SFO YOU COMMIT AN OFFENCE UNDER SECTION 379(4) OF THE SFO. ANY PERSON WHO COMMITS AN OFFENCE UNDER SECTION 379(4) IS LIABLE: (a) on conviction on indictment to a fine of HK$1,000,000 and to imprisonment for two

years; or (b) on summary conviction to a fine of HK$100,000 and to imprisonment for six months. The term “specified person” is defined in section 378(15) of the SFO and means-

(a) the Commission; (b) any person who is or was a member, an employee, or a consultant, agent or adviser,

of the Commission; or (c) any person who is or was -

(i) a person appointed under any of the relevant provisions; (ii) a person performing any function under or carrying into effect any of the

relevant provisions; or (iii) a person assisting any other person in the performance of any function

under or in carrying into effect any of the relevant provisions. The term “person” has the meaning attributed to it in section 3 of the Interpretation and General Clauses Ordinance (Cap. 1) which provides that “person” includes any public body and any body of persons, corporate or unincorporate, and this definition shall apply notwithstanding that the word “person” occurs in a provision creating or relating to an offence or for the recovery of any fine or compensation.

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I/We acknowledge that I/we have received and read carefully a copy of sections 378 and 379 of the Securities and Futures Ordinance (Cap. 571), and understand that these sections (in particular, sections 378(1) and 379(1), (2) and (3)) impose statutory obligations on me/us. I/We further confirm that I/we understand and agree to be bound by the provisions of sections 378 and 379 of the Securities and Futures Ordinance (Cap. 571).

______________________________ Signature ______________________________ Name / Entity name (as applicable) ______________________________ Name of authorized signatory (in the case of an entity) ______________________________ Title of authorized signatory (in the case of an entity) ______________________________ Date

Witnessed by: ______________________________ Signature ______________________________ Name ______________________________

Title ______________________________ Date

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ANNEX F – Existing Office Layout (Cheung Kong Center)

(Separate File) (To be released upon request and return of ANNEX C & D & E)

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Annex G – Base building CAD plan (One Island East)

(Separate File) (To be released upon request and return of ANNEX C & D & E)

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Annex H – Project Master Programme

(Separate File)

(To be released upon request and return of ANNEX C & D & E)