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Invitation to Tender Provision of Interior Design Consultancy Services for SFC Office Relocation Project 17 June 2019
Invitation to Tender
Provision of Interior Design Consultancy Services for
SFC Office Relocation Project
17 June 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 – DESIGN IDEA (FOR REFERENCE ONLY) 33
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1. Introduction
The Securities and Futures Commission (“SFC”) now invites professional interior designer service providers to submit proposals for its consideration for appointment as the Interior Design Consultant and to provide full Interior Design 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 “Interior Design 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 property 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
“Contractor” 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 Interior Design Consultancy services from inception to completion. 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 Interior Designer is responsible to coordinate with appointed Project Manager (“PM”) and other vendors (e.g. MEP Consultant, 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.
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A All Project Stages
A.1 Architectural Design Services: General
Prepare the design brief
Review the SFC’s brief, requirements, needs and related documentation
Take detail site survey and inspection
Design Management of the space planning, Server Room, cabinet
layout, cable routing, schematics, sub-floor, grid outlets plans, desk
outlet plans and connectivity schematics
Provide plans, elevations and detailed design drawings
Provide recommended material selections and presentation as
required
Prepare detailed design documentation, specification and detailed
drawings for tendering and construction
Provide seating plans
Undertake regular site inspections to make sure that the works on site
comply with the design intent and meet the required quality
Provide input into the punch list for inspections
Review and comment on as built drawings and maintenance manuals
Provide full and pro-active Interior Design services from project
Inception to Completion in order to achieve the successful completion
of the project within the agreed cost, time and quality parameters.
Take the ownership of the interior design with responsibility to issue
all the design drawings and specification and to be delivered timely to
the SFC/PM, consultants or contractors.
Provide pro-active Interior Design 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.
Take the role of ‘Interior Designer’ and responsible for ensuring all
drawings (including M&E, RCP, floor markings etc) have been fully
coordinated prior to issue to PM or contractors
Responsible to issue all the design drawings including but not limited
to construction drawings and to be delivered timely to the SFC/PM,
consultants or contractors.
A.2 Meetings
Attend meetings related to design
Attend weekly project team meetings conducted between the SFC/PM
and the other appointed consultants / contractors.
Attend meetings/presentations called by the SFC/PM to progress any
aspect of the commission
A.3 Coordination with the Project Team
Coordinate the design and liaise with other consultants, contractors
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and suppliers to develop coordinated design solutions
Interact/coordinate with the consultant team as well as SFC internal
teams* using the correct protocols as set out by the PM.
*including but not limited to Security, Technology, Procurement and Facility
Management.
A.4 Monitoring of Internal Resources
Monitor internal resources against workload and take remedial action
as required
A.5 Procurement
Advise SFC/PM on the most suitable procurement approaches for the
project where appropriate
Undertaking tender assessment for all the main contract package with
appropriate recommendations
A.6 Programme, Cost & Quality
Issue information in line with the requirements of the project
programme and information release schedule. Advise the SFC/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.7 Risk
Assist the PM as appropriate with the development and updating of
the Project Risk Register where appropriate
A.8 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.9 Disputes & Claims
Assist the SFC/PM regarding the settlement of contractual disputes.
Alert the SFC/PM and the other members of the consultant team to
the possibility of receiving claims from the contractor (or other party)
In the event that claims are received from the contractor (or other
party) keep all parties informed.
Evaluate claims, make recommendations and assist with negotiations.
Note: For complex disputes involving adjudication, arbitration or litigation the
consultant and the SFC shall agree additional fees prior to commencement of
work by the project manager.
A.10 Value Engineering
Assist the PM where appropriate in value engineering exercises during
the design and construction stages of the project in order to
demonstrate that the optimal balance of capital/life cycle/costs in use
has been achieved
A.11 Statutory Obligations/Approvals/Consents
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Advise the SFC on all statutory obligations with which the SFC must
comply. Clarify and liaise with all statutory bodies on behalf of the SFC
as required.
Coordinate the submission of all required applications to statutory
bodies. Ensure all approvals are sought in a timely manner in order to
prevent delay to Project Programme.
All design must comply with all statutory and landlord and Building
Management Office requirements.
A.12 Failures to meet the SFC’s Brief
Where difficulties are identified in complying with the SFCs brief,
assist the PM where appropriate with the submission of a report to
the SFC giving recommendations and options.
A.13 Health & Safety Plan / File
Fully consider the construction and maintenance implications of all
designs.
Pass relevant information (e.g. designer’s risk assessments) to the PM
for incorporation in the Health and Safety Plan in a timely manner.
A.14 Prototypes, Mock-Ups & Models
Advise the SFC/PM on the need for testing of prototypes, mock-ups
or models etc…..
A.15 Issue of Information
Provide information to and discuss proposals with other consultants
or 3rd parties identified by the SFC/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 AutoCAD file of all drawings, including but not limited to floor
plans, ceiling plans, elevations, shop drawings…etc. to the SFC, PM,
consultants and contractors as requested by the PM.
Specification to be issued in AutoCAD or MS Office format.
Provide Microsoft Project format project schedule as requested by PM
A.16 Acoustic advices
Provide acoustic/ vibration consultancy advices on private offices,
meeting rooms, AHU room, server room and other specialty areas (for
example roof floor plant room) in the project which require special
attention on acoustic performance. Develop the necessary acoustic
details, material finishes and treatments for wall, floor (including
under-floor penetration) and ceiling (including building services
penetrations above ceiling) in the design documentation package.
A.17 Lighting Design
Provide lighting consultancy advices on reception, meeting rooms
and other specialty areas in the project which require special attention
on lighting level and comfort. Incorporate the necessary lighting
controls, lighting selections and treatments in the design
documentation package.
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Incorporate and coordinate with M&E Consultant on technical
specification to comply with the requirement.
B Inception, Feasibility & Schematic Design
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
Interview all Business Units for which the premise is to be designed
for
B.3 Feasibility Investigations
Generate feasibility options/ investigations/ test fits/ stacking
diagrams etc., using the most efficient space planning methods
Participate in design team/the SFC group workshops
Consider alternative design and construction approaches.
Work with the PM to develop a detailed move phasing schedule to
minimize disturbance to the end users
B.4 Site Information
Provide a list of required information from base building, review and
incorporate into design
Obtain from the SFC/PM a copy of the lease demise plan and existing
as built information. Verify information and highlight any
discrepancies to SFC/PM
Conduct a survey of existing furniture/architectural
installations/storage to be retained and advise the SFC/PM on findings
Carry out site take up inspection for new premises and produce defect
report for SFC record
B.5 Specialist Subcontractors
Advise the SFC on the need for specialist contractors, sub-contractors
and suppliers to design and execute any part of the works comprised
in the Project
B.6 Stakeholders / End User Interviews
Review questionnaires returned by the business units
Conduct interviews with a specially formed Client Executive
Committee and also with the end user representatives to determine
the details and requirements for the project
B.7 Surveys/Tests/Benchmarking
Advise the SFC/PM on the requirement for specialist surveys or tests
(e.g. surveyors dimensional survey).
Provide relevant benchmarking information from similar completed
projects for review by the SFC
B.8 Outline Proposals/ Presentations to End Users / Stakeholders
Produce a “Design Brief” developed from the Project Brief
Produce and develop the conceptual design.
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Prepare studies according to the conceptual design, including the
types and quality of finishes, materials, furniture, furnishings and
equipment.
Prepare presentation materials for end user/stakeholder
review/comment (e.g. furniture /finishes etc…..).
Revise plans and design concepts during schematic design as
requested by the SFC until approved by the SFC, provided such
revisions are in accordance with the conceptual design.
Review and discuss plans with building owners or agents and redesign
any aspects of a Project required by building owners or local
authorities after the SFC’s review.
Continue Presentations to End Users / Stakeholders
Revise presentation materials as required (e.g. furniture photographs,
sample boards with supplier information etc…..) for end
user/stakeholder review/workshops and participate in sign off.
Produce the color perspectives of the key areas of the design.
Approval of which perspectives are to be produced must be sought
from the SFC prior to commencing work. The areas requiring
perspective images are: reception area, breakout areas, meeting
rooms.
B.9 Statutory Bodies
Participate to the meetings with statutory bodies (Building Control,
fire department, statutory undertakers etc……). Prepare Outline
Planning Submission if required.
Continue meetings with Statutory Bodies as required.
Prepare and submit Full Planning Submission if required.
Assist the PM with the collation of information for landlord approval.
Consult with Environmental Health Authorities as required.
Consult with Building Control Authorities.
Consult with Fire Authorities.
Consult with Statutory Undertakers.
Ensure all layout proposals comply with statutory requirements.
B.10 Scheme Design
Develop a Scheme Design from approved outline proposals. In
conjunction with the other consultants, submit a coordinated scheme
design showing spatial arrangements, materials and elevational
appearance for the SFC’s approval.
C Detailed Design & Production Information
C.1 All Project Stages
Refer to tasks in ‘All Project Stages’ section
C.2 Detailed Design
Produce coordinated detailed design information based on the approved
scheme design. Obtain the SFC’s approval on the:
Space / seating plans
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quality of materials
standard of workmanship and specifications
C.3 Furniture
Assist the SFC/PM with furniture ordering (furniture order will be
placed directly by the SFC to supplier) by validating quantities/specs
on quotations provided by supplier(s). Coordinate with furniture
suppliers and local furniture dealers.
C.4 Compliance with Statutory Requirements
Provide Statutory regulation check including but not limited to MOE, FRP, etc.
and ensure all proposals comply with statutory requirements. Advice and
correction to be provide where infringement may occur.
Prepare and submit applications for the following approvals as required:
Building code/regulations
Fire department
Landlord
Other as requested by the SFC
Issue compliance report regarding approvals and regulations.
C.5 Prepare Production Information
Produce production information (drawings, specifications, schedules etc…) for
the project based on the detailed design drawings approved by the SFC. 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
Demolition plans, if required
Raised floor plans inc floor grommet setting out
Dimensioned partition plans
Construction detail sheets
Coordinated reflected ceiling plans showing luminaries, sprinklers,
detectors, ceiling mounted signage, ceiling mounted beacons, ceiling
mounted CCTV cameras, air supply and return grilles etc………
Furniture and equipment location plans, specifications and schedule
including relocation of existing, if required
Finishes plans, schedule and specifications
Signage plans, schedules and specifications (including Corporate,
directional and statutory signage)
Joinery details and elevations
Door and hardware schedules
Key elevations (reception area, glazed office screens, all areas of
architectural significance or complexity)
Shop Drawings
Seating Plans
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Numbering Plans for the move
D Tender Action
D.1 All Project Stages
Refer to tasks in ‘All Project Stages’ section
D.2 Issue of Information
Issue drawings and specifications in sufficient detail to able a fixed
price tenders to be obtained from the tenderers.
D.3 Tender Process
In conjunction with the PM and the other consultants, advise on and
obtain the SFC’s approval to a list of tenderers for the Main and/or
Sub-Contracts.
Attend pre-qualification, bid and post 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.
Assist PM as required in the preparation of the tender
recommendation report.
E Construction Planning
E.1 All Project Stages
Refer to tasks in ‘All Project Stages’ section.
E.2 Procurement
Advise on procurement activities where appropriate.
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 Drawing and Document Set
On request issue the ‘Construction Set’ to the PM.
E.6 Conditions Survey of New Space
Undertake surveys (include dimensional surveys) and assist the PM
with the preparation of schedules of conditions where work is being
carried out to existing facilities, including photographic surveys.
F Construction, Commissioning, Testing & Handover
F.1 All Project Stages
Refer to tasks in ‘All Project Stages’ section.
F.2 Contractor RFI’s
Respond to architecture-related contractor RFIs in a timely fashion in
order to prevent delay.
F.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.
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F.4 Site Meetings
Attend weekly site meetings.
F.5 Reports
Assist the PM with the production of weekly site progress reports to
the SFC.
F.6 Progress / Quality of Works
Visit the site at intervals at least once a week during construction (and
more frequently at critical stages as required) in order to inspect the
progress and quality of the works and report back to the PM.
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 delivered to the site.
As appropriate, advise any requirement for sample taking and tests of
materials, components, techniques 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 the PM rejection of installations that do
not comply with the design documents and construction contract
standards giving PM written or graphic explanation.
As appropriate, visit the sites of the extraction and fabrication and
assembly of materials and components, techniques and workmanship
before delivery to site.
F.7 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.
F.8 Variations/Changes
Assist with the production of information (including but not limited to
detailed design and shop drawings) for variations where required.
F.9 Contractor Claims, Interim Payments & Final Accounts
Assist the PM/cost consultant where required in assessing the validity
of contractor’s claims, requests for payments and final accounts.
F.10 Defects
Produce architectural snag/punch lists for the completed works and
issue to the PM and consultant team. Track close-down of the
snagging items by contractor.
F.11 Handover Meeting
Attend the handover meeting
Assist PM to prepare the handover report
F.12 Statutory Licences & Possession
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Advise and assist the SFC in obtaining the necessary statutory
approvals etc… for the occupation/use of the finished project (if
require).
Advise the SFC on the arrangements for taking possession of the
project.
G Project Close Out, Feedback & Defects Liability Period
G.1 Post Completion Report
Assist the PM where appropriate with the preparation of a Post Completion
Report for the SFC. The report will cover:
The performance of the consultants, contractors and suppliers during
each stage of the project
Provide a critique of the project and offer suggestions for future
improvements to the procurement/delivery of projects.
Close down the Project Execution Plan.
G.2 O&M Manuals & As Built Information
Review and comment on contractor’s draft O&M manuals and as built
information. Once satisfied with the quality of information confirm
approval to PM.
G.3 Defects Liability Period
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 Detail Design Brief/ Presentation
- Prepare Detail Stacking Plan
- Prepare Test Fit Layout
- Site Investigation/ Survey
- Prepare Schematic Design
- Provide inventory check at existing premises for any reuse furniture/ items
Detailed Design & Production Information Stage (Remarks: All designs and drawings are subject to the SFC’s approval)
- Prepare Detail Design Drawings & Specification
- Prepare Furniture Plan & Specification
- Prepare and submit statutory submission (if required)
- Issue written confirmation for the design on statutory regulation compliance
- Provide 3D Rendering (not less than 10 nos. of drawings)
- Prepare Tender Drawings and specification that is in sufficient detail for Main Contractor Tender
- Prepare Schedule of Rate for architectural information
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
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Construction Planning Stage
- Review and comment on contractor’s shop drawings, product data, sample.
- Prepare Construction Drawings Set for Main Contractor
- Conduct Site Survey of new space
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
- 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. 3.4 Timetable
A tentative time-table of the Project is as follows:
Milestone Target Completion Date
Issue Invitation to Tender 17 June, 2019
Tender close 5 July, 2019
Tender presentation and clarification 9-19 July 2019
Project start Mid-August 2019
Sign-off Detail Design End-Sep 2019
Main Contractor Tendering Stage Oct – Dec 2019
Commencement of Construction February 2020
Practical Completion July 2020
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3.5 Project Team
At this time, the project team consists The Securities and Futures Commission and CBRE ltd. as the Project Manager.
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.
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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.
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 “Interior Design 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 5 July 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
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(b) answer the SFC’s specific queries orally or in writing, or in any manner that the SFC deems fit.
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: [email protected]
Ms. Leane Ma Senior Manager Planning and Administration, Corporate Affairs Securities and Futures Commission Telephone: 2231 1126 Fax: 2293 5686 Email: [email protected]
Mr. Kit Chan Senior Project Manager CBRE Project Management Telephone: 2820 2800 Fax: 2820 0830 Email: [email protected]
Ms. Christine Chan Project Manager CBRE Project Management Telephone: 2820 2800 Fax: 2820 0830 Email: [email protected]
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) Design concepts
(d) Proposed stacking and layout plan
(e) Relevant experience
(f) Design approach
(g) Project team structure and dedicated personnel
(h) Costs, fees and terms proposed
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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.
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 (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
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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).
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.
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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.
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 Interior Design approach.
2. The Proposed Design and Approach
This section should describe the proposals in detail and explain how the proposed approach meet the requirements set out in section 3 and Annex H, and describe any limitations and compatibility issues associated with the proposals.
Concept Design
Please refer to Annex H – Design Idea (FOR REFERENCE ONLY) (please note that Annex H will only be released individually upon your request and return of Annex C & D & E)
The returned proposal shall include Concept Design Drawings include rendering showing the best way to utilize space, and your proposed design concept at both the front and back of house, the target is to optimize the balance between space utilization and cost savings / reuse of existing fittings and furniture.
Renderings shall include the following:-
(a) Front of House Area
- Reception area - Boardroom - Open pantry / collaboration area - VIP dining room with reheating facilities
(b) Back of House Area
- General office space showing workstations, cubicles and enclosed offices, meeting rooms and other common areas
Test-Fit
The returned proposal shall include test-fit for one main reception floor (OIE 54F) and one typical office floor (OIE 46F). Please refer to Annex F – Existing Office Layout and Annex G – Base building CAD plan (One Island East). (please note that Annex F and G will only be released individually upon your request and return of Annex C & D & E)
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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 interior 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
(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 Interior Design 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 – Design Idea (FOR REFERENCE ONLY)
(Separate File) (To be released upon request and return of ANNEX C & D & E)
