CMH Rev21
CMH Rev21
CMH Rev21
Contractor
Management
Handbook
REVISION SHEET
Revision No.: 21
Revision Date: January 2021
Section /
Amendments
Appendix
1 - Editorial change:
• provision of a brief introduction of public works procurement, the
List of Approved Contractors for Public Works (the “List”) and the
List of Approved Suppliers of Materials and Specialist Contractors
for Public Works (the “Specialist List”)
• re-organisation of general provisions applicable to both the List and
the Specialist List in Sections 2 & 3 to Section 1
• other general updating
4 - Editorial change:
Appendices • clarification of the procedures of maintaining records and
4A to 4D recommending regulating action of domestic sub-contractors and
minor works contractors due to poor performance in paragraph 4.5.1
and Appendix 4B
1
Repair of Motors, Transformers and Switchgear Category; Fabrication of Steel Pipe Specials Category; Motor
Vehicle Body-building and Painting Category; and Space Frame System Category.
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Section /
Amendments
Appendix
• updating the guidance notes for individual aspects of performance in
Items 6.6, 6.10, 7.5 & 7.7 in Appendix 4B
• other general updating
5 - Editorial change:
• clarification of the policy intent and procedures of regulating actions
• clarification of the circumstances under which contractors, who have
been suspended from tendering for all/some categories of public
works or removed from the List and/or the Specialist List, may act
as sub-contractors on a public works projects
• other general updating
6 - Editorial change
Appendices • re-organisation of provisions in Sections 2 and 3 relevant to change
6A to 6E of company structure in this Section
• other general updating
7 - Editorial change
Appendix • re-organisation of provisions in Sections 2 and 3 relevant to
7A tendering and related parties in this Section.
• other general updating
•
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0 0 10/03/2001 5/2001 -
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7 B-4 17/7/2009 Change of contract sum and financial criteria
including employed and working capital and
change of category name – Appendices 3A,
3B & 3C as promulgated by letter to all
contractors on the List of Approved Suppliers
of Materials and Specialist Contractors for
Public Works ref: (021JC-01-5) in DEVB(PS)
108/6/2 of 3 July 2009.
8 B-5 11/11/2009 Revision of academic qualifications –
Annex 15 to Appendix 3C as promulgated
by letter to all contractors under the
“Ground Investigation Field Work”
category of the List of Approved Suppliers
of Materials and Specialist Contractors for
Public Works ref: (0240X-01-4) in
DEVB(PS) 108/34 of 11 Nov 2009.
9 B-5A 1/6/2011 Revision of Section 7 of Contractor’s
Performance Report and Guidance Notes –
Appendices 4A & 4B as promulgated by
letter to all contractors on the List of
Approved Contractors for Public Works and
the List of Approved Suppliers of
Materials and Specialist Contractors for
Public Works ref: (02BUT-01-7) in
DEVB(PS) 108/34 of 18 May 2011.
10 B-5B 5/8/2011 Checklist for Projects of Considerable
Scope and Complexity under Buildings
category – Annex 1 to Appendix 2B as
promulgated by letter to all contractors
under the “Buildings” category of the List
of Approved Contractors for Public Works
ref: (02CPG-01-2) in DEVB(PS) 108/34 of
5 Aug 2011.
11 B-6 1/9/2011 Change in eligibility of Award of Contracts
to Probationary Contractors – Sections 2 &
3.
12 B-7 30/4/2012 Review of the re-inclusion requirements for
contractors who have been removed due to
misconduct, and other routine updates in
Sections 2, 3 and 5 as promulgated by letter
to all contractors on the List of Approved
Contractors for Public Works and the List of
Approved Suppliers of Materials and
Specialist Contractors for Public Works ref:
(02FBC-01-9) in DEVB(PS) 108/34 of 30
April 2012.
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13 B-8 28/11/2012 Update on Items 5.8 and 6.7 of “Guidance
Notes
for Completion of Reports” as promulgated
by letter to all contractors on the List of
Approved Contractors for Public Works and
the List of Approved Suppliers of Materials
and Specialist Contractors for Public Works
ref: (02H8Y-01-5) in DEVB(PS) 108/34 of
28 November 2012.
14 B-9 11/1/2013 Revision of Sections 1 & 6 of the Report on
Contractor’s Performance and the
Guidance Notes for Completion of Reports
at Appendices 4A & 4B as promulgated by
letter to all contractors on the List of
Approved Contractors for Public Works and
the List of Approved Suppliers of
Materials and Specialist Contractors for
Public Works ref: (02HNX-01-4) in
DEVB(PS) 108/34 dated 11 Jan 2013.
15 B-10 25/3/2013 Promulgation of the establishment of the
category of “Plumbing Installation”, and
revision of the scope and the “minimum
technical and management criteria for
admission, confirmation and promotion”
of the category of “Landscaping: Class I –
General Landscape Work” as promulgated
by letter to all contractors on the List of
Approved Contractors for Public Works
and the List of Approved Suppliers of
Materials and Specialist Contractors for
Public Works ref: (02J7J-01-5) in
DEVB(PS) 108/34 dated 25 March
2013.
16 B-11 1/9/2013 Revision of the procedures for substitution
of listing status in Sections 2 and 6 as
promulgated by letter to all contractors on
the List of Approved Contractors for
Public Works and the List of Approved
Suppliers of Materials and Specialist
Contractors for Public Works ref: (02J81-
01-3) in DEVB(PS) 108/34 dated 23
August 2013.
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17 B-12 1/12/2013 Revisions in tender limits/financial criteria
and admission/confirmation/promotion
requirements for contractors on the List of
Approved Contractors for Public Works –
Sections 1 and 2, as well as Appendices 2A
and 2B as promulgated by letter to all
contractors on the List of Approved
Contractors for Public Works ref:
(02LMY-01-11) in DEVB(PS) 108/34 of
28 November 2013.
Revisions in
admission/confirmation/promotion
requirements for specialist contractors
under the categories of Landslip
Preventive/Remedial Works to
Slopes/Retaining Walls and Turn-key
Interior Design & Fitting-out Works –
Appendix 3C and Annex 18 to Appendix
3C as promulgated by letters to all
specialist contractors under the two
relevant categories on the List of
Approved Suppliers of Materials and
Specialist Contractors for Public Works
ref: DEVB(PS) 108/34 of 28 November
2013.
18 B-13 9/5/2014 As promulgated by letter to all contractors
on the List of Approved Contractors for
Public Works List of Approved Suppliers of
Materials and Specialist Contractors for
Public Works ref: (02MQF-01-05) in
DEVB(PS) 108/34 of 9 May 2014:
(1) Revision of Sections 2 and 6, as well as
Appendices 6A to 6E to align with the
provision of the new Companies
Ordinance (Cap. 622), which
commenced operation on 3 March 2014;
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(2) Revision of Section 2 to clarify the
counting of Housing Authority contracts
associated with the eligibility to tender
and for the award of contracts, and to
align with the updated guidelines on
public works tender procedures issued
in pursuant to the revised Agreement on
Government Procurement of the World
Trade Organization which came into
force on 6 April 2014 that contractors
not yet on the approved contractor list in
the relevant category / group / status will
be permitted to take tender documents
and may also submit a tender according
to the tender notice;
(3) Revision of Section 5 to clarify the need
to report tendering performance of
contractors in tender exercises which
have been cancelled, and to update the
distribution list in relation to the
regulating actions associated with
contractors given the 2nd consecutive
Adverse report on performance;
(4) Revision of Appendices 4A and 4B to
incorporate new aspects and the relevant
guidelines for the assessment of
contractors’ performance on training of
workers to meet manpower demands and
productivity enhancements into the
Report on Contractor’s Performance and
the Guidance Notes for Completion of
Reports respectively; and
(5) General updating of Sections 2 to 5,
Appendices 3B, 4A, 4B and 5A to 5D,
and Annex 1 to Appendix 3C,
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CONTENTS
REVISION SHEET
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APPENDICES
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SECTION 1 INTRODUCTION
1.1 General
1.1.1 The Development Bureau (“DEVB”) aims to deliver quality public works
projects in a safe, timely and cost-effective manner. While maintaining the openness, fairness
and competitiveness of the tendering process, the procurement system as a whole should be
efficient and effective to facilitate selection of suitable and capable contractors in a smooth
manner to meet the fast pace of public works programme. A suite of administrative and
regulatory framework covering the entire procurement process has been developed. The
policy objectives and procedures are detailed in handbooks, circulars and circular memoranda
available at the websites of DEVB and works departments.
1.1.2 In view of the vast volume of public works contracts to be delivered, DEVB has
established the List of Approved Contractors for Public Works (the “List”) and the List of
Approved Suppliers of Materials and Specialist Contractors for Public Works (the “Specialist
List”) to achieve procurement efficacy and facilitate quality assurance. Public works tenders
are usually invited from contractors on the List and/or the Specialist List.
1.1.3 By nature of works, the List comprises five categories: Buildings, Port Works,
Roads and Drainage, Site Formation, and Waterworks; and the Specialist List comprises some
50 categories as at the date of the current version of the Contractor Management Handbook
(the “Handbook”).
1.1.4 To support the procurement of public works contracts, DEVB, with the assistance
of the Managing Departments, administers the List and the Specialist List through the
following processes:
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(e) reviewing the contractor’s technical and/or financial capabilities when there are
any significant changes to the contractor’s company which may affect the
contractor’s listing status; and
(f) confirming the suitability of retaining the contractor on the List / Specialist List
on a triennial basis.
1.1.5 The guidelines and procedures pertaining to administration and monitoring of the
performance of contractors and suppliers on the List and the Specialist List are consolidated
into the Handbook. DEVB reserves the right to amend the provisions stipulated in the
Handbook and any criteria pertaining to the administration of the List and the Specialist List
without prior consultation with contractors on the List and the Specialist List and any such
amendments will be published by DEVB in the appropriate manner.
1.1.6 By making an application for admission to the List and/or the Specialist List under
any category, the contractor unconditionally accepts the provisions stipulated in the Handbook
and any future amendments or additions thereto. Failure or refusal to observe the provisions
stipulated in the Handbook may lead to refusal of the application for admission to the List
and/or the Specialist List under the category being applied for, or removal from all categories
of the List and/or the Specialist List in which the contractor is listed.
1.1.7 A contractor on the List and/or the Specialist List is required to submit updated
company information (including but not limited to updated partnership agreements if
applicable) upon request of DEVB or the Managing Department for reviewing his listing status
as and when required. It is the duty of the contractor to immediately inform DEVB of any
material changes of his company which may affect his listing status.
1.1.8 A contractor on the List and/or the Specialist List shall be responsible for the good
behaviour of his employees, agents and subcontractors in relation to any public works contract
under his control. The contractor shall advise his employees, agents or subcontractors that
they are not allowed to offer or give any advantage or excessive entertainment to any of the
Government employees or members of their families, or to solicit or accept any advantage or
excessive entertainment from other employees, agents or subcontractors in relation to the works
under any public works contract. The contractor may be subject to regulating actions as stated
in Section 5 if the contractor, his employees, agents or subcontractors have committed an
offence under the Prevention of Bribery Ordinance (Cap. 201) in relation to any public works
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contract. In addition, the contractor may be subject to regulating actions for poor integrity
such as negligence, misconduct and impropriety as proven in cases where his employees,
agents or subcontractors have solicited, accepted or been given advantage as defined in the
Prevention of Bribery Ordinance (Cap. 201) in relation to any public works contract.
1.2.1 This Handbook was first promulgated via Works Bureau Technical Circular
(WBTC) No. 5/2001 – Contractor Management Handbook in 2001 and thereafter is updated as
and when needed. The current version of this Handbook took effect from 1 March 2021.
When there is any update in the future, the revision date will be stated at the top right corner
of the relevant page.
1.3.1 The relevant Technical Circulars which have been superseded or subsumed by
this Handbook or shall be read in conjunction with this Handbook are listed in Appendix 1.
The prevailing Technical Circulars are available at DEVB’s website:
https://www.devb.gov.hk/TechnicalCirculars.aspx?section=53&lang=1.
1.4.1 Changes incorporated in the previous revisions of this Handbook are listed in the
Revision Sheet and the details of amendments are available at DEVB’s website:
https://www.devb.gov.hk/en/construction_sector_matters/contractors/index.html.
1.4.2 The major amendments made in this Revision of the Handbook are listed below
for ease of reference:
(a) General updating and restructuring All Sections and appendices except
Annexes 3 to 5, 10, 12, 22, 23, 25,
28, 34 to Appendix 3C, Annex to
Appendix 4B and Appendix 5A
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1.4.3 The revised tender and probationary limits for the contractors on the List and the
Specialist List shall take effect from 1 March 2021. For contracts with the first date of
invitation for tender being before the effective date of the revised tender limits, the tender limits
before the revision are adopted for assessment purpose.
1.4.4 The revised financial criteria for contractors on the List and the Specialist List
shall take effect from 1 March 2021. Existing contractors on the List and the Specialist List
will be given a grace period of 12 months after which they are required to fully comply with
these revised financial criteria for retention by 1 March 2022. Notwithstanding this grace
period, contractors will have to meet the revised financial criteria when tendering for a new
contract with tender invitation date falling on or after the effective date, viz. 1 March 2021.
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2.1 General
2.1.1 The List of Approved Contractors for Public Works (“the List”) comprises
contractors who are approved for carrying out public works in one or more of the categories
listed below.
2.1.2 The Managing Department for a category is the department most closely
connected with that particular type of work and is responsible for servicing and monitoring
the performance of all contractors within that category. The Managing Department for a
category may not necessarily be the department responsible for a contract let under that
particular category.
2.1.3 Contractors within each category are further divided into Group A, B or C
according to the value of contracts for which they are normally eligible to tender.
A contractor’s status in a particular group will be either probationary or confirmed.
Probationary contractors are limited in the number and/or value of contracts for which they
are eligible to tender and to be awarded in accordance with the rules set out in Sub-section 7.5
below.
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2.2.1 The value upon which contracts are grouped is based on the value of the
tendered sum1 offered by the successful tenderer. The Group Tender Limits are periodically
adjusted and are currently set as follows: -
2.3 Admission
2.3.1 The suitability of a contractor for admission in one or more of the categories and
in a particular group on the List is assessed on the basis of both the contractor’s global business
activity and his activity in Hong Kong. Generally, a contractor will be assessed under six
core elements (viz. safety, experience, management, staff employment, financial capability and
integrity), as well as other technical requirements as detailed at Appendix 2A. A contractor
will normally be admitted initially on probation to the appropriate category and group. If a
contractor can demonstrate that he has satisfactorily completed relevant contracts2 with value
meeting the experience requirements for confirmation, he may be admitted directly to the
confirmed status, provided that he can also meet all other requirements for confirmation for
that particular category and group.
2.3.2 Application details and other relevant information (including the updated List)
can be found in the website of DEVB via the following link:
https://www.devb.gov.hk/en/construction_sector_matters/contractors/index.html.
2.3.3 Applications from contractors for admission to the List can be submitted at
any time, and should be addressed to “Professional Services Unit, Development Bureau, 15/F,
West Wing, Central Government Offices, 2 Tim Mei Avenue, Tamar, Hong Kong”. An
application submission shall include a duly completed, signed and dated application form
1
For New Engineering Contract (NEC), the tendered sum shall be the forecast total of the Prices.
2
In assessing the relevancy of the contracts, there are two requirements: (i) the contracts shall be public works
contracts in Hong Kong of the relevant category for which the contractor is applying; and (ii) for the relevant
contracts concerned, the contractor shall be the main contractor bidding on his own or a participant/shareholder
of a joint venture contractor with the percentage participation of not less than 30%. For the avoidance of
doubt, the contract value should be assessed in accordance with Remark 2.7 of Appendix 2A.
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together with other supporting documents as specified in the guidance notes of the application
form.
(a) The Finance Section of DEVB will investigate whether the applicant meets the
financial criteria as set out in Annex 2 to Appendix 2A. If the financial vetting
cannot be proceeded with due to incomplete or insufficient information from the
applicant, DEVB may request the applicant to provide supplementary information
and/or clarification. If the applicant fails to provide the required information
and/or clarification within 6 weeks of the request, its application may be rejected.
(b) (i) The Managing Department will investigate whether the applicant has met the
criteria in respect of safety, experience, management, staff employment,
integrity and other technical requirements for each category and group
applied for as stipulated in Appendix 2A.
(ii) For the avoidance of doubt, if an applicant applies for more than one category,
only one Managing Department, usually the one responsible for the highest
group applied, will conduct the vetting of safety, management and integrity
requirements. For cases where the groups applied are the same, DEVB will
assign one department for the vetting of these requirements on a rotation basis.
The vetting of other technical requirements will continue to be conducted by
the Managing Department of each category applied for.
(iii) Upon receipt of all necessary supporting information and documents for the
application(s), the Managing Department should submit a recommendation
to DEVB normally within two calendar months from the date of referral to
the Managing Department. All recommendations shall be personally
endorsed by the Deputy Director or an equivalent D3 officer of the Managing
Department. In any event, the Managing Department’s recommendation
should reach DEVB within six calendar months from the date of referral. If
the recommendation could not be provided within such a time, the Deputy
Director or an equivalent D3 officer should give explanations and propose a
reply date to DEVB for consideration.
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(iv) If the Managing Department considers that the applicant has not provided
sufficient information to support his application or if the Managing
Department has any doubt on the information provided by the applicant, the
Managing Department may request the applicant to provide supplementary
information and/or clarifications. If the applicant fails to address the
Managing Department’s request within one calendar month, an officer at D1
rank or above from the Managing Department of the category being applied
for may write to the applicant to reject his application with reasons leading
to such a decision. The rejection letter should be copied to DEVB.
(v) Should the applicant disagree with the Managing Department’s rejection
decision referred to in sub-paragraph (b)(iv), he may write to the Managing
Department, within two weeks of receiving the rejection letter, to request for
reconsideration of his case with reasons and supporting documents. The
Deputy Director or an equivalent D3 officer of the Managing Department
should review the case and make a decision within two calendar months of
the receipt of the applicant’s request. If the applicant is still not satisfied
with the decision, he may further lodge an appeal to DEVB within two weeks
of the receipt of the reply from the Managing Department and the decision of
DEVB shall be final and binding.
(c) Admission will be subject to the applicant meeting the financial criteria, having
the appropriate technical and management capabilities and in all other ways being
considered suitable for admission in the List. For the avoidance of doubt, an
applicant satisfying all applicable criteria in Appendix 2A may nonetheless be
considered unsuitable for admission if there exist any matters which in the
DEVB’s view may affect the applicant’s capabilities in undertaking public works.
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2.4 Re-Admission
2.4.1 A contractor who has been removed from any category under the List for financial
reasons or for failure to submit a tender within a period of three years under sub-paragraph
5.2.3(b)(vi) below may be allowed to apply for re-admission in that category at any time after
removal. However, a contractor who has been removed from any category under the List for
any other reasons is not eligible for re-admission in that category for a period of two years from
the date of removal. Any application for re-admission, including an application for re-
admission after removal due to misconduct, will be deemed a fresh application for admission
and will be subject to the criteria set forth in these Rules for the time being in force. For the
avoidance of doubt, a contractor who has been removed from the List for any reason other than
financial reasons or failure to submit a tender within a period of three years will not be re-
admitted directly to confirmed status pursuant to paragraph 2.3.1 above.
2.4.2 A contractor who has been removed from the List due to misconduct should
submit with its re-admission application proof of successful completion of integrity training
course 3 , and establishment of an integrity management system (IMS) with the proof of
complying with all the IMS requirements as prescribed in the “Guidelines for Setting Up of
Integrity Management System” provided in Appendix 2B. Such proof should be
substantiated by a statement of compliance issued by an independent auditor recognised by
DEVB, after his completion of the integrity audit exercise.
2.4.3 A contractor re-admitted under paragraph 2.4.2 above is required to upkeep the
operation of the IMS and provide proof of complying with all the IMS requirements thereafter
during the probation period through conducting the integrity audit exercise on a yearly basis.
Failure to satisfy this requirement shall result in regulating action being taken against the
contractor in accordance with Sub-section 5.2 below.
2.5.1 Probationary contractors are eligible to tender, and for the award of contracts, in
each of the categories to which they have been admitted on probation, subject also to the rules
set out in paragraphs 7.5.2 to 7.5.6, where applicable, as follows (the rules in this paragraph
2.5.1 shall be read together with paragraph 7.5.1):
3
DEVB, with the assistance of the Corruption Prevention Department of the Independent Commission Against
Corruption (ICAC), will develop training materials and conduct “train-the-trainer” workshops for top
management, technical and supervisory staff of contractors who apply for re-admission in the List after the
removal due to misconduct.
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(ii) any number of Group B contracts in the same category, provided the total value
of works in the Group B contracts that he already holds and the Group B contract
being procured under the same category does not exceed $400 million.
2.6 Confirmation
2.6.1 A probationary contractor may apply for confirmation in writing to DEVB when
he has satisfactorily completed or executed works relevant to his probationary status in
accordance with the criteria for confirmation in Appendix 2A. Upon receipt of all necessary
supporting information and documents for the application(s), the Managing Department shall
normally submit a recommendation to DEVB within two calendar months from the date of
referral to the Managing Department. The procedures of submitting a recommendation are
the same as those given in paragraph 2.3.4 above. Confirmation will also be subject to the
contractor being able to meet the financial criteria applicable to confirmed status, having the
appropriate technical and management capabilities and in all other ways being considered
suitable for confirmation. The contractor will be notified in writing accordingly. If the
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2.7 Promotion
2.7.2 Other than in the most exceptional circumstances, a contractor applying for
promotion will be admitted initially on probation to the next higher group and the rules
applicable to probationary contractors will apply.
2.8 Retention
2.8.1 For the purpose of retention on the List and without prejudice to other provisions
in this Handbook, the contractor is reminded to submit the following information:
(a) all company information required under paragraph 1.1.7 and Section 6;
(b) all information required for verifying and updating the Contractor Profile as
detailed in paragraph 2.8.2 below; and
2.8.2 All contractors on the List are required to verify and update the Contractor Profile
at a 3-year interval upon notification from DEVB. Within one month upon receipt of such
notification, a contractor shall submit a duly signed declaration form confirming his
compliance with the retention requirements for the respective category(ies) and group(s) as set
out in Appendix 2A and provide updated company information. If considered necessary, the
Managing Department will request a contractor to provide supporting documents for review.
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Failure to meet the prevailing retention requirements, failure to submit the declaration or the
supporting documents, or provision of incorrect or false declaration and/or information may
lead to regulating action in accordance with Section 5. The guideline for the process, a
specimen of the Contractor Profile and standard forms for updating company information can
be downloaded from the website of DEVB via the following link:
https://www.devb.gov.hk/en/construction_sector_matters/contractors/index.html.
2.9.1 All contractors shall submit a copy of their unconsolidated audited financial
statements annually to DEVB. In addition, in order to enable the Finance Section of DEVB
to make a more up-to-date financial appraisal, all Group C contractors shall submit half-yearly
management accounts. These shall be certified by their auditors but, if this is not feasible, by
the directors, partners or the sole proprietor of the company.
2.9.2 Contractors are required to provide additional financial information as and when
required to enable the Finance Section of DEVB to carry out ad hoc financial assessment.
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3.1 General
3.1.1 The List of Approved Suppliers of Materials and Specialist Contractors for Public
Works (“the Specialist List”) comprises contractors who are approved for carrying out public
works in one or more of the categories. The categories, classes and groups and the
corresponding Managing Departments are listed in Appendix 3A. Some Works Departments
also administer their own contractor/supplier/acceptable material lists and the concerned
information can be found via the links in the website of DEVB.
3.1.2 The Managing Department for a category is the department most closely
connected with that particular type of work and is responsible for servicing and monitoring the
performance of all contractors within that category. The Managing Department for a category
may not necessarily be the department responsible for a contract let under that particular
category.
3.1.3 Some contractors within a category are further divided into classes according to
the type of works within that particular category, and groups according to the value or number
of contracts for which they are normally eligible to tender. For categories with probationary
status, a contractor’s status will be either probationary or confirmed. Probationary contractors
are limited in the number and/or value of contracts for which they are eligible to tender and to
be awarded in accordance with the rules set out in Sub-section 7.5 below.
3.2.1 Group Tender Limits are applicable to 9 categories of works in the Specialist List.
They are periodically adjusted and are currently set as shown in Appendix 3A.
3.3 Admission
3.3.1 The suitability of a contractor for admission to one or more of the categories and
in a particular group on the Specialist List is assessed on the basis of both the contractor’s
global business activity and his activity in Hong Kong. A contractor will be assessed mainly
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under six core elements, (namely safety, experience, management, staff employment, financial
capability and integrity), as well as other technical requirements as detailed at Appendices 3B
and 3C. For categories with probationary status, a contractor will normally be admitted
initially on probation to the appropriate category, class and/or group.
3.3.2 Application details and other relevant information (including the updated
Specialist List) can be found in the website of DEVB via the following link:
https://www.devb.gov.hk/en/construction_sector_matters/contractors/index.html.
3.3.3 Applications from contractors for admission to the Specialist List can be
submitted at any time, and should be addressed to “Professional Services Unit, Development
Bureau, 15/F, West Wing, Central Government Offices, 2 Tim Mei Avenue, Tamar, Hong
Kong”. An application submission shall include a duly completed, signed and dated
application form together with other supporting documents as specified in the guidance notes
of the application form.
3.3.4 For the admission to those categories 1 on the Specialist List requiring a long
period of trial installation, plant trial, site demonstration and/or factory visit, Managing
Departments are required to establish a “pre-application vetting mechanism”. Under this
mechanism, applicants are allowed to lodge a vetting request to the Managing Department so
that those relatively time-consuming checking processes (e.g. factory visit, site demonstration,
plant trial) could be done/completed to the satisfaction of the Managing Department before the
applicant formally submits his application. For details of the mechanism and other
submission requirements, applicants should refer to the website of the Managing Department.
(a) Except those applications for categories for which financial checking are not
required (see paragraph 3.3.6 below), the Finance Section of DEVB will
investigate whether the applicant meets the financial criteria as set out in
Appendix 3B. If the financial vetting cannot be proceeded with due to
1
“Pre-application vetting mechanism” would only be applicable to the following categories:-
‐ Prestressed Concrete Works for Highway Structures (Classes I and II)
‐ Road Marking
‐ Specialized Operations for Highway Structures (Classes I to V)
‐ Structural Steelwork
‐ Supply and Installation of Bearings for Highway Structures (Classes I and II)
‐ Supply and Installation of Expansion Joints for Highway Structures
‐ Supply of Bituminous Pavement Materials and Construction of Special Bituminous Surfacing
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(b) (i) The Managing Department will investigate whether the applicant has met
criteria in respect of safety, experience, management, staff employment,
integrity and other technical requirements for each particular category, group
and class applied for as stipulated in Appendix 3C.
(ii) For the avoidance of doubt, if an applicant applies for more than one
category, only one Managing Department, usually the one responsible for
the highest group applied, will conduct the vetting of safety, management
and integrity requirements. For cases where the groups applied are the same,
DEVB will assign one department for the vetting of these requirements on a
rotation basis. The vetting of other technical requirements will continue
to be conducted by the Managing Department of each category applied for.
(iii) Upon receipt of all necessary supporting information and documents for the
application(s), the Managing Department should submit a recommendation
to DEVB normally within three calendar months from the date of referral to
the Managing Department. All recommendations shall be personally
endorsed by the Assistant Director or an equivalent D2 officer of the
Managing Department. In any event, the Managing Department’s
recommendation should reach DEVB within six calendar months from the
date of referral. If the recommendation could not be provided within such
a time, the Deputy Director or an equivalent D3 officer should give
explanations and propose a reply date to DEVB for consideration.
(iv) If the Managing Department considers that the applicant has not provided
sufficient information to support its application or if the Managing
Department has any doubt on the information provided by the applicant, the
Managing Department may request the applicant to provide supplementary
information and/or clarifications. If the applicant fails to address the
Managing Department’s request within one calendar month, an officer at
rank D1 or above from the Managing Department of the category being
applied for may write to the applicant to reject his application with reasons
leading to such a decision. The rejection letter should be copied to DEVB.
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(v) Should the applicant disagree with the Managing Department’s rejection
decision referred to in the sub-paragraph (b)(iv), he may write to the
Managing Department within two weeks of receiving the rejection letter, to
request for reconsideration of his application. The Deputy Director or an
equivalent D3 officer of the Managing Department should make a decision
within two calendar months of the receipt of applicant’s request. If the
applicant is still not satisfied with the decision, he may further lodge an
appeal to DEVB within two weeks of the receipt of the reply from the
Managing Department and the decision of DEVB shall be final and binding.
(c) Admission will be subject to the applicant meeting the financial criteria, having
the appropriate technical and management capabilities and in all other ways being
considered suitable for admission in the Specialist List. For the avoidance of
doubt, an applicant satisfying all applicable criteria in Appendix 3C may
nonetheless be considered unsuitable for admission if there exist any matters
which in the DEVB’s view may affect the applicant’s capabilities in undertaking
public works.
3.3.6 Financial checking is not required for applicants of the following 12 categories
but shall be subject to review from time to time (see also paragraph 7.6.2):
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(i) Survey of Government Land Pressure Receivers subject to Steam and Air
Pressure (but excluding Steam Boilers)
3.4 Re-Admission
3.4.1 A contractor who has been removed from any category under the Specialist List
for financial reasons or for failure to submit a tender within a period of three years under sub-
paragraph 5.2.3(b)(vi) below may be allowed to apply for re-admission in that category at any
time after removal. However, subject to other provisions in this Handbook, a contractor who
has been removed from any category under the Specialist List for any other reasons is not
eligible for re-admission in that category for a period of two years from the date of removal.
Any application for re-admission, including an application for re-admission after removal due
to misconduct, will be deemed a fresh application for admission and will be subject to the
criteria set forth in these Rules for the time being in force. For the avoidance of doubt, where
direct admission is permissible in a category under the Specialist List, a contractor who has
been removed from such category for any reason other than financial reasons or failure to
submit a tender within a period of three years will not be re-admitted directly to confirmed
status in such category under the Specialist List.
3.4.2 A contractor who has been removed from the Specialist List due to misconduct
should submit with its re-admission application proof of successful completion of integrity
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training course 2, and establishment of an integrity management system (IMS) with the proof
of complying with all the IMS requirements as prescribed in the “Guidelines for Setting Up of
Integrity Management System” provided in Appendix 2B. Such proof should be
substantiated by a statement of compliance issued by an independent auditor recognised by
DEVB, after his completion of the integrity audit exercise.
3.4.3 A contractor re-admitted under paragraph 3.4.2 above is required to upkeep the
operation of the IMS and provide proof of complying with all the IMS requirements thereafter
during the probation period or the three-year period starting from the date of re-admission if
the category does not have a probationary status through conducting the integrity audit exercise
on a yearly basis. Failure to satisfy this requirement shall result in regulating action being
taken against the contractor in accordance with Sub-section 5.2 below.
3.6 Confirmation
3.6.1 A probationary contractor may apply for confirmation in writing to DEVB when
he has satisfactorily completed or executed works appropriate to his probationary status in
accordance with the criteria for confirmation in Appendix 3C. The timeframe and
procedures of submitting a recommendation are the same as those given in paragraph 3.3.5
above. Confirmation will also be subject to the contractor being able to meet the financial
criteria applicable to confirmed status, having the appropriate technical and management
2
DEVB, with the assistance of the Corruption Prevention Department of the Independent Commission Against
Corruption (ICAC), will develop training materials and conduct “train-the-trainer” workshops for top
management, technical and supervisory staff of contractors who apply for re-admission in the Specialist List
after the removal due to misconduct.
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capabilities and in all other ways being considered suitable for confirmation. The contractor
will be notified in writing accordingly. If the contractor’s application is unsuccessful, he will
be advised of the reasons.
3.7 Promotion
3.8 Retention
3.8.1 For the purpose of retention on the List, and without prejudice to other provisions
in this Handbook, the contractor is reminded to submit the following information:
(a) all company information required under paragraph 1.1.7 and Section 6;
(b) all information required for verifying and updating the Contractor Profile as
detailed in paragraph 3.8.2 below; and
3.8.2 All contractors on the Specialist List are required to verify and update the
Contractor Profile at a 3-year interval upon notification from DEVB. Within one month upon
receipt of such notification, a contractor shall submit a duly signed declaration form confirming
his compliance with the retention requirements for the respective category(ies), group(s) and/or
class(es) and provide updated company information as set out in Appendix 3C. If considered
necessary, the Managing Department will request a contractor to provide supporting documents
for review. Failure to meet the prevailing retention requirements, failure to submit the
declaration or the supporting documents, provision of incorrect or false declaration and/or
information may lead to regulating action in accordance with Section 5. The guideline for the
process, a specimen of Contractor Profile and standard forms for updating company
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information can be downloaded from the website of DEVB via the following link:
https://www.devb.gov.hk/en/construction_sector_matters/contractors/index.html.
3.9.1 All contractors, except those under the 12 categories of works as listed in
paragraph 3.3.6 above, shall submit a copy of their unconsolidated audited financial statements
annually to DEVB. In respect of the contractors who are also Group C contractors on the List,
they shall also submit half-yearly management accounts. The accounts shall be certified by
their auditors but, if this is not feasible, by the directors, partners or the sole proprietor of the
company.
3.9.2 Contractors are required to provide additional financial information as and when
required to enable the Finance Section of DEVB to carry out ad hoc financial assessment.
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4.1 General
4.2.2 Reports that have been held by DEVB for more than 5 years will be destroyed
provided that 10 subsequent reports are held on the contractors for the same category.
Copies of reports held by a department may be retained as long as it is deemed necessary by
that department. However, departments should note that for audit purposes, copies of the
reports must be retained for at least 7 years.
4.3.1 Please refer to paragraphs 2.1.2 and 3.1.2 above for the role of the Managing
Department.
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4.4.1 The department which controls a contract and prepares the reports on the
contractor’s performance on that contract is referred to as the Reporting Department.
4.4.2 After having given the reports appropriate consideration, the Reporting
Departments shall send the copies of all Adverse reports to SEO(PS), DEVB for inclusion in
the Central Record System.
4.4.3 Where the Reporting Department does not assume the role of the Managing
Department, it is important that the Managing Department is fully aware of the existence of
the contract and is kept fully informed of the contractor’s performance. The Reporting
Department shall copy the Letter of Acceptance and all Adverse reports on the contractor’s
performance to the Managing Department. Where the contractor was required to be in more
than one category or was required to be in one of two or more categories and is in more than
one of the relevant categories, copies of the Letter of Acceptance and all Adverse reports shall
be sent to all the relevant Managing Departments.
4.4.4 In addition, Reporting Departments shall send copies of all Adverse reports to
all other Works Departments and Housing Authority. If any department requires further
details with respect to an “Adverse” report, that department shall approach the Reporting
Department who will respond direct, copying correspondence to the relevant Managing
Department.
4.5.1 Regular reports on contractor’s performance are required for all current
contracts. Domestic sub-contracts and minor works will not be included in the performance
reporting system of DEVB, but departments may maintain their own records of
sub-contractors’ and minor works contractors’ performance. For the avoidance of doubt,
departments must properly maintain records of poor performance of these sub-contractors
and minor works contractors, who are on the List and/or the Specialist List. Departments
should promptly give the corresponding Managing Department(s) recommendations, together
with reports concerned, on the necessary actions to be taken against these sub-contractors and
minor works contractors with consistent poor performance (e.g. consecutive reports on poor
performance). All recommendations and reports concerned should also be copied to DEVB
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for information. Upon the receipt of recommendations, reports and other relevant
information from departments, Managing Department(s) should conduct a review on all
recommendations and make a recommendation to DEVB on the follow-up action(s) required.
4.5.2 Subject to paragraphs 4.5.3, 4.5.5 and 4.5.6 below, the reports should normally
be quarterly from the commencement of the Works until the issue of the Maintenance
Certificate or the Defects Liability Certificate, or until completion of all Works Orders in the
case of term contracts.
4.5.3 It is noted that there may be few activities taking place in the very early period
of a contract. To address this situation, the Reporting Officer shall generally not be required
to prepare a report on a contractor’s performance for a reporting period in which the contract
has commenced less than 3 weeks before the end of such a reporting period. The Reporting
Officer should include this short period in the report on contractor’s performance for the
subsequent reporting period instead. Notwithstanding this, if the Reporting Officer
considers that a report on a contractor’s performance is necessary for such a period, e.g. due
to occurrence of a serious incident as defined in DEVB TC(W) No. 3/2009, the Reporting
Officer shall prepare the report and provide reasons in the report to substantiate the need for
reporting for such a short reporting period.
4.5.5 After the Maintenance Certificate or the Defects Liability Certificate has been
issued, quarterly reports are no longer required. Instead, except for term contracts for which
no further reports are required, a report on contractor’s performance should be made upon
issue of the final payment certificate (which will cover the resolution of claims).
1
In case when there are no outstanding works and repair/rectification of defects are completed, Reporting
Department may evaluate the need for preparing a quarterly report on contractor’s performance. Subject to
agreement of the relevant Managing Department, Reporting Department may not be required to prepare a
quarterly report within the maintenance or defects liability period. In such case, SEO(PS), DEVB should
be informed accordingly.
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than 7 working days before the next reporting date. The contractor will also be informed
when the intervening reports are no longer required.
4.6.1 General
(b) The RRC shall be established within the Reporting Department to review the
performance of all the contractors undertaking works for the department. It
will endorse/amend the Supervising Officer/Engineer/Maintenance Surveyor’s
assessment and forward the reports together with recommendations when
appropriate, to the secretary of the relevant MRC. The MRC shall be
established within the Managing Department to review the performance of those
contractors in the relevant category with respect to all contracts in this category.
(c) Where a Managing Department employs only contractors from the categories it
manages, it may combine the two committees into a single Reporting/Managing
Review Committee. However, if other departments employ contractors from the
categories the Managing Department manages, its Reporting/Managing Review
2
For the purposes of completing reports on contractors’ performance, the terminologies of “Project Manager/
Supervisor/Service Manager” and their delegates in NEC are equivalent to “Supervising Officer/ Engineer/
Maintenance Surveyor” and “Supervising Officer’s/ Engineer’s/ Maintenance Surveyor’s Representative” in
GCC respectively. The Project Manager, the Supervisor and their delegates should coordinate among
themselves to complete the reports.
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Committee must meet at the time for MRCs (see later) so that Reporting
Departments have time to forward copies of their reports.
(d) Where a department establishes RRCs for one or more of its Offices, rather than
a departmental RRC, the Office Reporting Review Committees shall send
copies of the report and recommendations direct to the relevant MRC. Reports
with recommendations may be routed through departmental headquarter if
required by the department.
(b) Functions: -
(i) The RRC should preferably review the reports on all contracts under its
jurisdiction. However, this may not be practicable for some departments, who
have a large number of small contracts. The RRC should, however, review and
endorse/amend at least all Adverse and borderline reports. These shall be
brought to the RRC’s attention by the secretary. The Chairman may authorise
the secretary to endorse all other reports on his behalf.
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(iii) The RRC shall decide which reports are to be confirmed as Adverse reports and
endorsed accordingly by the Chairman. The reasons for amending the
Supervising Officer’s/Engineer’s/Maintenance Surveyor’s assessment must,
when applicable, be recorded on the report. In case the RRC does not accept
the Supervising Officer/Engineer/Maintenance Surveyor’s assessment, the
remarks by the Supervising Officer/Engineer/Maintenance Surveyor, or his
representative, will still be stored in the computerised Central Record System in
DEVB.
(iv) With respect to Adverse reports, the RRC shall decide, in consultation with the
Supervising Officer/Engineer/Maintenance Surveyor what action should be
taken or recommended to the Managing Department. In any event, the
Chairman shall write to the contractor concerned advising him that the report is
Adverse and warning him of the possible consequences.
(v) The secretary shall send copies of all Adverse reports, duly endorsed, to
SEO(PS), DEVB and to the secretaries of the appropriate MRC together with
details of any action being taken as a result of Adverse reports and/or any
recommendations for suspensions (voluntary or mandatory), downgrading or
removal. In addition, the secretary will provide the name of the member of the
RRC the relevant MRC may contact with respect to each Adverse report.
Where downgrading or removal is being recommended, the member of the RRC
named should attend the meeting of the relevant MRC when the contractor
concerned is being considered.
(vii) The Chairman shall keep the relevant MRC fully informed of interviews held
and any action taken.
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(b) Functions: -
(i) The secretary shall maintain a record of all reports on contractors’ performance
in the relevant categories and lists.
(ii) The MRC shall review the overall performance of each contractor who receives
an Adverse report by referring to all the current reports on that contractor’s
performance in the relevant category or list. After considering the action being
taken and the recommendations made by the RRC(s), the MRC shall decide
what action it considers appropriate and recommend accordingly.
(iii) For mandatory suspension, downgrading or removal, the Director or the Deputy
Director of the Managing Department, or the Chairman of the MRC should
interview the contractor prior to a recommendation being made to DEVB. The
Supervising Officer/Engineer/Maintenance Surveyor, together with others
considered necessary by the Director of the Managing Department, should
attend the interview. Where a consultant is the Supervising Officer/Engineer/
Maintenance Surveyor, the officer from the Reporting Department who
endorsed the report should also attend the interview.
(iv) For voluntary suspension, the Chairman of the relevant RRC should interview
the contractor if requested to do so by the Director of the Managing Department.
The contractor shall send written confirmation of his acceptance of voluntary
suspension to the Director of the Managing Department who will circulate this
confirmation to all relevant bureaux/departments, Housing Authority and
DEVB.
(v) As soon as the MRC has considered the reports, the secretary shall forward to
DEVB the minutes of the MRC’s consideration of Adverse reports.
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(a) Subject to paragraphs 4.5.5 and 4.5.6 above, the reporting date shall normally be
the last day of February, May, August and November.
(b) On or before the third working day after the reporting date (Saturdays not being
counted as working days), the Reporting Officer shall prepare and send the soft
copy of the performance report together with a duly signed hard copy to the
secretary of the RRC for review and endorsement.
(c) At the same time, the contractor shall be sent an advance copy of both Parts I
and II of the report on contractor’s performance, after agreement by the
Supervising Officer/Engineer/Maintenance Surveyor or endorsement by an
officer at D1 rank or above in the case of consultant administered projects.
The report shall be sent to the contractor’s head office by fax or by hand with a
caveat that it will be subject to endorsement by the Chairman of the RRC.
Where the report is subsequently amended by the Chairman of the RRC, the
contractor shall be notified accordingly.
(d) In the event of disagreement with the grading in the performance report, the
contractor should notify the RRC on or before the 6th working day after the
reporting date (Saturdays not being counted as working days) and submit
written representations to the RRC in accordance with sub-paragraph (f) below.
(e) On or before the thirteenth working day after the reporting date (Saturdays not
being counted as working days), the RRC shall complete the review on all the
reports except those where the contractors have indicated disagreements in
accordance with sub-paragraph (d) above and, if the RRC does not propose any
alterations to the performance report, it shall send the reviewed Adverse reports,
together with details of action being taken and recommendation, to reach the
secretary of the relevant MRC, with copies to DEVB (Attention: SEO(PS)),
other Works Departments and Housing Authority. Simultaneously, the
Reporting Department shall arrange to upload all the performance reports to the
CMIS and dispatch written notification to the Managing Department and DEVB
(Attention: SEO(PS)) with all details of the contract number, the contractor’s
name, the contractor’s classification and remarks (stating whether the report is
Adverse or Not Adverse, and other remarks, if any) of each of the performance
reports uploaded to the CMIS on or before the twenty-second working day after
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the reporting date (Saturdays not being counted as working day). Except for
Adverse reports, hard copies of the performance reports need not be sent to the
Managing Department and DEVB.
(f) Subsequent to notifying the RRC of his disagreement with the grading in the
performance report in accordance with sub-paragraph (d) above, the contractor
should submit written representations to the RRC for a review of the grading by
fax or by hand on or before the sixteenth working day after the reporting date
(Saturdays not being counted as working days). The RRC shall inform the
contractor in writing as soon as a decision has been made.
(g) If the RRC intends to alter any grades in the performance report, it shall notify
the contractor its intention in writing on or before the fourteenth working day
(Saturdays not being counted as working days). In the event of disagreement
with such proposed alterations, the contractor should notify the RRC on or
before the sixteenth working day (Saturdays not being counted as working days)
and submit written representations to the RRC for a review of the grading by fax
or by hand on or before the twenty-first working day (Saturdays not being
counted as working days). The RRC shall inform the contractor in writing as
soon as a decision has been made.
(h) On or before the twenty-sixth working day after the reporting date (Saturdays
not being counted as working days), the RRC shall complete the review on the
disagreement of the contractor with the grading in the performance report or its
proposed alterations, and send the reviewed reports, together with details of
action being taken and recommendation, to reach the secretary of the relevant
MRC, with copies to DEVB (Attention: SEO(PS)), other Works Departments
and Housing Authority. Simultaneously, the Reporting Department shall
arrange to upload all the performance reports to the CMIS and dispatch written
notification to the Managing Department and DEVB (Attention: SEO(PS)) with
all details of the contract number, the contractor’s name, the contractor’s
classification and remarks (stating whether the report is Adverse or Not Adverse,
and other remarks, if any) of each of the performance reports uploaded to the
CMIS on or before the thirty-fifth working day after the reporting date
(Saturdays not being counted as working day). Except for Adverse reports,
hard copies of the performance reports need not be sent to the Managing
Department and DEVB. The RRC shall inform the contractor in writing as
soon as a decision has been made.
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(i) On receipt of the reviewed Adverse reports from the RRC, the MRC shall
conduct further review on such reports, the actions being taken and the
recommendations made by the RRC. The minutes of the MRC meeting and
copies of the reports (where applicable) shall then be prepared and dispatched to
DEVB (Attention: SEO(PS)) on or before the thirty-fifth working day after the
reporting date (Saturdays not being counted as working days).
(j) When additional six-weekly intervening reports between the normal reporting
periods are required pursuant to sub-paragraph 5.4.5 (b) (iv) of Section 5, the
Reporting Officer shall proceed with such reporting once the notification has
been sent in accordance with paragraph 4.5.6 even if the review result of the
MRC is not yet available.
(k) When reports are being made for periods with reporting dates different to the
normal quarterly reporting dates, the Supervising Officer/Engineer/
Maintenance Surveyor should complete the report within the time frame
mentioned in sub-paragraph 4.6.4(b) above. However, the Review Committees
shall exercise discretion in scheduling the reviews of reports as they deem
appropriate to the circumstances, i.e. either immediately or as part of the normal
review meeting.
(l) It is recommended that MRCs should fix the dates of their normal review
meetings at least twelve months in advance and advise all RRCs such that all
appropriate representatives will be made available to attend MRC meetings if
required.
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5.1 General
5.1.1 The List, Specialist List and the associated regulatory regime are put in place to
ensure that certain standards of financial capability, expertise, management, quality and safety are
maintained by the contractors carrying out Government works. If doubts arise about the ability
of a contractor to meet the minimum standards generally or for a particular category/class of
contracts, it is appropriate that he is not allowed to tender for any new works until he can
demonstrate that he can meet the required standards.
5.1.2 The Secretary for Development reserves the right to remove any contractor from the
List and/or the Specialist List or take other regulating action against a contractor such as
suspension, or where applicable, downgrading to probationary status or demotion to a lower group,
in respect of all or any of the works categories he is in. Save for those circumstances stipulated
in paragraphs 5.2.3(c)(ii), (c)(iii) and (d)(i) and Sub-sections 5.4 to 5.14 below which will be dealt
with in accordance with the procedures provided therein, before deciding on any regulating action,
a contractor will be given adequate warning of and reasons for the action proposed, and the
opportunity to present his views on the matter with supporting information and documents where
applicable.
5.1.3 Circumstances which may lead to the taking of regulating actions include, but are
not limited to: -
(ii) failure to submit a valid competitive tender for a period of three years;
(iii) failure to submit accounts or meet the financial criteria within the prescribed time;
(iv) failure to answer queries or provide information relevant to the listing status of a
contractor on the List and/or the Specialist List within the prescribed time;
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(x) court convictions, such as contravention of site safety legislation and Employment
Ordinance and employment of illegal workers;
(xi) failure to employ the minimum number of full time management and technical
personnel;
(xiii) poor integrity of his employees, agents and sub-contractors in relation to any
public works contract;
(xvi) serious or suspected serious poor performance or other serious causes in any public
or private sector works contract;
(xvii) failure to comply with any of the provisions in this Handbook giving rise to
reasonable suspicions as to the capability or integrity of the contractor;
(xviii) failure to provide proof of complying with all the IMS requirements for the purpose
of upkeeping the operation of the IMS.
5.1.4 The following Sub-sections set out the guidelines for administration and the
circumstances under which regulating action against contractors may be warranted. They apply
to contractors/suppliers on both the List and the Specialist List. In the event that special
circumstances of a particular case arise which warrant taking of regulating action but do not fit
into any of the guidelines, the Secretary for Development may nonetheless take regulating action
in the particular case as he/she deems proper.
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5.2.3 As a general requirement, when a case arises in a public works contract which
warrants taking of regulating action against a contractor/supplier on the List and/or Specialist
List, the department (“the department concerned”) which administers the works contract
directly or indirectly through entrustment to another party should be responsible for initiating
the process of taking regulating actions against the contractor/supplier concerned in accordance
with the guidelines below. Prompt action shall be taken by the head of the department
concerned to decide whether the contractor/supplier concerned should be removed, suspended,
downgraded or demoted, and recommend the proposed regulating action to the Managing
Department of the categories concerned. The department concerned should also copy its
correspondences with the Managing Department to DEVB. In considering the
recommendation made by the department concerned, the Managing Department may consult
other departments which may be affected by the case. The Managing Department shall make
a recommendation to DEVB for consideration within a reasonable period of time (preferably
not more than six weeks after the receipt of the recommendation of the department concerned).
Such a recommendation should be personally endorsed by an officer at D3 rank or above of
the Managing Department. In drawing up its recommendation to DEVB, the Managing
Department should make reference to the following guidelines which indicate the normal
sanction to be imposed in given circumstances. It is open to the department concerned and
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the Managing Department to recommend a more severe or less stringent action if particular
circumstances warrant it. When a case arises in a non-Government construction contract
which warrants taking of regulating action against a contractor/supplier on the List and/or
Specialist List, the Managing Department may initiate a recommendation on its own in the
absence of a recommendation from the department concerned, if it thinks fit. In any case,
DEVB has its right to initiate any regulating actions that it considers necessary.
(a) Circumstances warranting removal from all categories in which the contractor is
listed
(iii) Removal by the Registered Contractors' Disciplinary Board from the Contractors'
Register maintained under the Buildings Ordinance. If a contractor is
disciplined by the Registered Contractors' Disciplinary Board, the Director of
Buildings shall inform DEVB so that consideration may be given to the
imposition of an appropriate penalty (removal, suspension, downgrading or
demotion in respect of the contractor's position on the List and/or the Specialist
List. When a contractor, who is also on the Contractors' Register kept by the
Building Authority, is removed from the List and/or the Specialist List for
misconduct, DEVB may refer the case to the Building Authority who may then
decide under the Buildings Ordinance whether or not to refer the case to the
Registered Contractors' Disciplinary Board.
(v) Poor performance or other serious causes which is/are considered by the Secretary
for Development as serious in any public or private sector works contract.
(i) Failure to submit a competitive tender within a period of three years in any
category despite being eligible to do so, or submission of non-conforming tenders
on three or more occasions within a period of three years in any category;
provided that such practice gives rise to reasonable suspicions as to the capability
or integrity of the contractor concerned. For the purpose of this sub-paragraph,
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tenders withdrawn after the tender closing date shall be considered as non-
submission of tender. Where the provision of certain information is an
“essential requirement” of a tender, the tender without giving such information or
giving incomplete information stipulated as essential requirement shall be
considered as non-conforming. A competitive tender is defined as a conforming
tender which is capable of being accepted under the Government’s procurement
guidelines, rules and procedures and the tender price 1 does not exceed 25% of
the average tender price of all tenders received under the tender exercise. Any
tender which is non-conforming or is not capable of being accepted under the
Government’s procurement guidelines, rules and procedures shall not be
considered as a competitive tender. A warning letter shall be sent by the
Managing Department, copied to DEVB at least six months but not more than one
year before the expiry of the three-year period, to any contractors who appear
likely to fall into this situation. If, at the expiry of the period, no tenders have
been submitted or there are submissions of non-conforming tenders on three or
more occasions, a further letter seeking explanation shall be sent. The
Managing Departments should take all explanations into account before
recommending removal. Nevertheless, if the circumstances of the cases warrant,
the Managing Departments may recommend DEVB to take other regulating
actions (such as suspension, downgrading to probationary status or demotion to a
lower group) against the contractor concerned. A contractor who tenders for a
project open to contractors in more than one category shall be credited with
having tendered in each of those eligible categories for which he is listed.
Records of contractors' tenders, whether accepted or not, are to be maintained by
the Managing Department of the relevant category. When a department other
than the Managing Department calls tenders in a category, the tenders shall be
reported to the Managing Department after acceptance, or as the case may be,
approval of the cancellation of the tender exercise by the Central Tender Board or
Public Works Tender Board or other relevant approving authority.
(ii) Withdrawal of tenders in a category within the tender validity period therefor on
two or more occasions within a 12-month period as stipulated under Sub-section
5.13 below.
1
For NEC, tender price shall be the forecast total of the Prices submitted.
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(iv) Poor performance in a category, normally but not necessarily on more than one
contract.
(v) Failure to obtain Quality Management System certification after having been
suspended for three years (including voluntary and mandatory suspension).
(vi) Failure to submit a tender in a category within a period of three years despite
being eligible to do so.
(ii) Indications of cash flow problems (care must be taken that suspension on these
grounds will not aggravate the problems).
(iii) Poor performance, where it is desirable to ensure that the contractor completes his
current commitments before undertaking further projects. Guidelines for
monitoring of performance in Sub-section 5.4 below should be followed prior to a
recommendation for suspension.
(iv) Suspected serious poor performance or other serious causes in any public or private
sector works contract.
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(iii) Failure to comply with the provisions for employment of Technician Apprentices
and Building and Civil Engineering graduates as required.
(iv) Failure to comply with the provisions for employment of sub-contractors registered
under the Specialist Trade Contractors Registration Scheme of the Construction
Industry Council as required.
(v) Failure to submit information and/or satisfy requirements on the management and
technical capability.
(vii) Withdrawal of tenders in a category within the tender validity period therefor on two
or more occasions within a 36-month period as stipulated under Sub-section 5.13
below.
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(i) Poor performance, normally but not necessarily on more than one contract (in the
case of probationary contractors in the lowest groups, this will normally warrant
removal from the List and/or the Specialist List).
5.2.3A Further to the above paragraph 5.2.3, removal or suspension from the List and/or
the Specialist List or from a particular category thereof will normally prohibit a contractor
from acting as a sub-contractor on a public works project, unless:
(a) the contractor concerned has been awarded the sub-contract at a time prior to the
effective date of his removal or suspension from the List and/or the Specialist List;
or
(b) the removal or suspension of the contractor concerned from the List and/or the
Specialist List was due to reasons in accordance with Sub-section 5.5 or 5.6 below;
or
5.2.4 For the purpose of paragraphs 5.1.3(v), 5.2.3(a)(i) and 5.2.3(c)(i) in determining
whether a contractor has committed acts of serious misconduct, misconduct or suspected
misconduct, the acts or omissions of:
(b) any person who, under the immediate authority of the board of directors of the
contractor, exercises managerial functions; or
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(c) any employee, agent or sub-contractor of the contractor (other than the persons
referred to in (a) or (b) above), if the contractor has knowledge (actual or implied)
or ought to have known or is being reckless as to the serious misconduct,
misconduct or suspected misconduct of the employee(s), agent(s) or sub-
contractor(s) concerned,
5.2.5 (a) For the purpose of paragraphs 5.1.3(v), 5.2.3(a)(i), 5.2.3(a)(ii), 5.2.3(c)(i) and 5.2.4,
“misconduct” means any unlawful behaviour involving corruption or fraud or
breach of faith whether or not the person charged with an offence is convicted for
offence involving the unlawful behaviour but a conviction of a criminal offence shall
be conclusive for the requirement of misconduct. “Suspected misconduct” shall be
construed accordingly but if the person is charged with any offence involving
corruption, fraud or breach of faith, it shall be conclusive for the requirement of
suspected misconduct. In determining whether there is “serious misconduct”, all
relevant factors including but not limited to (i) the facts and circumstances giving
rise to the misconduct concerned, (ii) the ranking, the involvement and role of the
contractor’s employee, agent and sub-contractor who has been involved in the
misconduct concerned, (iii) the contractor’s immediate response to the
misconduct concerned, (iv) the contractor’s benefit that could have arisen or has
arisen out of the misconduct concerned, and (v) the consequences brought about
by the misconduct concerned, shall be considered.
(b) For the purpose of paragraph 5.2.4(c), “reckless” means “heedless of the risks of
misconduct where the person can foresee, or should reasonably have foreseen,
some probable or possible harmful consequence of risks but nevertheless decides
to continue with those actions or omissions with an indifference to, or conscious
disregard of, the consequences of risks”. The nature of the risk is to be assessed
by reference to whether it is obvious to an ordinary prudent person that the act or
omission of the contractor is capable of causing misconduct which gives rise to
the consideration of regulating action(s).
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5.2.6 Pursuant to paragraphs 2.4.3 and 3.4.3, a contractor failing to provide proof of
complying with all the IMS requirements for the purpose of upkeeping the operation of the
IMS will be mandatorily suspended from tendering in all categories. The contractor shall prove
to DEVB that the IMS requirements are met before he is considered for reinstatement.
5.2.7 The Secretary for Development may additionally initiate regulating actions on
contractors under the following circumstances:
(a) Persistent convictions pertaining to site safety and other construction activities;
(b) Repeated failure to submit accounts and supplementary information and satisfy
retention requirements in force at the time;
(c) Be convicted of illegal worker offences for more than two times within a rolling
12-month period;
5.2.8 Notwithstanding paragraph 5.2.3 above, the department concerned and/or the
Managing Department should take note of the following requirements to facilitate the timely
action to be taken by DEVB: -
(b) For any cases involving more than one department concerned and/or Managing
Departments, DEVB may assign a department to take a leading role in following
up the case.
(c) For any cases involving serious or suspected serious poor performance of the
contractor, or other serious causes in respect of any non-Government construction
contracts, DEVB may assign an appropriate department to conduct an
investigation and make a recommendation to DEVB.
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(d) For the purpose of recommending an appropriate regulating action(s) (e.g. the
period of suspension commensurate with the severity of the case) to DEVB in
accordance with paragraph 5.2.3, the following factors should be considered: -
(i) the facts and circumstances giving rise to the case which warrants the
consideration of taking regulating action;
(ii) the ranking, involvement and role of the contractor’s staff who has been involved
in the case concerned;
(iv) the contractor’s remedial/preventative measures taken before and after the
occurrence of case concerned;
(v) records of the contractor’s past performance and regulating action(s) taken
against it;
(vi) the consequences brought about by the case concerned (e.g. the losses to the
Government if the cases were NOT revealed and whether the losses are
irrecoverable);
(vii) the contractor’s benefit that has arisen or could have arisen by the case concerned;
(viii)whether the contractor is a repeated offender for the case(s) of similar nature;
(ix) whether the contractor is genuinely contrite or remorseful about the occurrence
of the case concerned; and
(x) any special consideration warranting a more severe or less stringent action.
5.2.9 The measures referred to Sub-section 5.2 are cumulative and not mutually exclusive.
The Secretary for Development may take one or more measures where the circumstances of the
case warrant so.
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5.3.1 Except those voluntary suspensions mentioned in Sub-section 5.4 below and those
suspensions mentioned in Sub-sections 5.7 to 5.14 below, which will be dealt with in accordance
with the procedures provided therein, as a general requirement, contractors suspended by DEVB
for whatever reason are required to meet the normal entry criteria including submission of the
latest audited financial statements and/or management accounts where appropriate for a financial
check, and other additional requirements imposed by DEVB before consideration can be given to
their reinstatement on the List and/or the Specialist List. Failure to meet these requirements may
result in extension of the suspension period, downgrading to probationary status, demotion to a
lower group or removal from a category of the List and/or the Specialist List.
(a) only suitable competent contractors are allowed to tender for contracts;
(c) contractors are all treated alike: firmly, but with consistency and fairness.
5.4.2 Please note sub-paragraph 4.6.4(c) above for the requirement of sending an advance
copy of the Report on Contractor’s Performance to the contractor.
5.4.3 For tenders invited without the exact category of works having been specified, the
department managing the contract will act as the Managing Department for the purpose of
performance reporting and taking appropriate regulating actions.
5.4.4 The Government must act fairly when taking regulating actions. Contractors must,
therefore, be provided with the gist of the Government’s case and be given adequate warning of
proposed actions so that they may have the opportunity to present their view of the matter. Full
consideration must be given to any points raised by contractors before action is taken.
5.4.5 Because the circumstances of contracts and contractors vary greatly, the following
actions to be taken for consecutive Adverse reports are not rigid requirements, but if they are not
followed, written justification is required on file.
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(i) Warning Letter - The Chairman of the Reporting Review Committee (“RRC”) shall
write on behalf of his Director to the contractor within two weeks of the reporting
date advising him that the report is Adverse and the reasons for the Adverse report,
and warning him of the need to improve (standard letter at Appendix 5A). The
Managing Department will be advised of the same.
(ii) Interview - The Chairman of the RRC or his representative shall interview the
contractor within three weeks of the reporting date to discuss the shortcomings in
his performance, the seriousness of the situation, and the need to suspend him from
further tendering should there be a consecutive Adverse report. The Chairman shall
write on behalf of his Director to the contractor confirming the points made. It is
particularly important to include the warning of possible suspension in the letter to
the contractor. The Managing Department will be advised of the same.
(i) Voluntary Suspension - The Chairman of the RRC or his representative shall write
to the Managing Department for approval to interview the contractor with the aim of
seeking the contractor's agreement to voluntary suspension i.e. to refrain from
tendering. Upon receipt of the approval from the Managing Department (which
should be issued promptly), the Chairman of the RRC will then interview the
contractor (normally within 2 weeks after obtaining the approval from the Managing
Department) explaining that his continuing poor performance requires action to
protect Government's interests by ensuring that the contractor is not awarded any
further contracts in the category until confidence in his performance is restored. At
the same time, the Chairman of the RRC will invite the contractor to agree to
voluntary suspension and to confirm this in writing to the Director of the Managing
Department within 1 week after the interview date. The contractor should be
warned that failure to agree to voluntary suspension within 1 week after the
interview date could lead to mandatory suspension which will result in publication
of the suspension by DEVB through appropriate means including DEVB’s webpage,
press release, gazette, etc. as DEVB thinks fit. The Chairman of the RRC should
also confirm other points made at the interview and warn the contractor that at the
end of the contract his performance will be assessed and if the overall assessment is
Adverse, he may be downgraded, demoted or removed. The contractor should also
be informed at the interview that he will be placed on a six weekly reporting
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schedule.
(iii) If the contractor does not agree to voluntary suspension, the Chairman of the RRC
shall write to the Managing Department recommending that the contractor be
suspended on a mandatory basis for the same period and subject to the same follow-
up action as if the contractor agreed to voluntary suspension. If the Managing
Department agrees to the RRC’s recommendation, a proposal for mandatory
suspension of the contractor shall be made to DEVB and copied to the RRC. In
general, the Managing Department should only disagree with the recommendation
of the Chairman of the RRC if there is a possibility that suspension of the contractor
could adversely affect other contracts held by the contractor. Notwithstanding the
above, if the case warrants, DEVB may request the Managing Department to review
the justification(s) of the RRC’s recommendation and to interview the contractor
2
For re-entered contracts, the de facto completion would be taken as at the time when all remaining works left
by defaulting contractor and other necessary works (including rectification or remedial works) arising out of
re-entry have been completed by others.
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further to ensure that the RRC’s recommendation is fair and reasonable. The
Chairman of the Managing Review Committee (“MRC”) shall write under
restricted cover to all the Works Departments, the Housing Authority and DEVB
advising why the recommendation for mandatory suspension of the contractor has
not been supported. Mandatory suspension of a contractor will be actioned by
DEVB and published through appropriate means as DEVB thinks fit.
(iv) Six Weekly Reporting – This shall be introduced after the second consecutive
Adverse quarterly report and continued until a Not Adverse report is received.
Thereafter normal quarterly reports apply. If the six weekly reports on a contract
have been discontinued and the contractor subsequently receives a further Adverse
report, the six weekly reports should be immediately reintroduced until a Not Adverse
report is received. Six weekly reports carry the same weight as quarterly reports
and should be completed and processed in exactly the same manner. The RRC
should normally review the six weekly reports shortly after they have been received,
to ensure the effectiveness of the more intense monitoring system.
Six weekly reporting should continue. Further interviews with the contractor shall
be at the discretion of the Reporting and Managing Department.
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(ii) At the stage when voluntary suspension is proposed, if the contractor has Adverse
reports in contracts under two Reporting Departments, but in the same category, the
Director of the Managing Department may decide to interview the contractor
personally.
At the stage when voluntary suspension is proposed, within the general framework
of the guidelines, Managing Departments of the several categories involved should
agree as to who should interview the contractor and to which category or categories
the suspension should apply. If this cannot be resolved, the matter should be
referred to DEVB for a decision.
5.4.7 Notwithstanding the provisions given in paragraph 5.4.5 above for consecutive
Adverse reports, the RRC should consider recommending suspension in cases of repeated Adverse
reports which are not consecutive. The procedure shall be similar to that set out in sub-paragraph
5.4.5(b) above.
5.4.8 As a general principle, in the case of contracts being carried out by joint venture,
partnerships or consortia, the regulating actions arising from poor performance on a contract shall
be applied equally to all individual members of the joint venture. Nevertheless, if the case
warrants, DEVB may take different regulating actions against individual members of the joint
venture.
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5.5.1 Failure to submit accounts, answer queries or provide information within the
prescribed time will warrant: -
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5.5.3 Within two months but not less than one month before the prescribed time limit,
a letter shall be sent by registered post to contractors to warn them that they will be suspended
unless annual audited financial statements/ half-yearly management accounts are submitted
within the time limit. Under no circumstances would extension of the due date be granted.
5.5.4 A contractor suspended under paragraph 5.5.2 above will not be reinstated
automatically upon submission of annual audited financial statements/ half-yearly management
accounts. The reinstatement shall only be considered after the contractor has submitted all
his omitted annual audited financial statements/ half-yearly management accounts and has
proved to the satisfaction of DEVB that his financial position meets all the criteria appropriate
to his group and status.
5.5.5 If a contractor fails to answer queries or provide information within the specified
time for financial assessment, he shall be suspended from tendering automatically until he has
proved that his financial position meets all the criteria appropriate to his group and status.
5.5.6 Should the contractor fail (or be deemed to fail) to submit two consecutive audited
financial statements within 6 months after the end of the last accounting period, or be suspended
for one full year under paragraph 5.5.2 or 5.5.5 above and yet to provide (a) the annual audited
financial statements and/or half-yearly management accounts, the outstanding answer(s), or
information, which gave rise to the aforesaid suspension, and (b) other documents/information
required by DEVB as specified in the letter of suspension, he shall be removed automatically
from the List and/or the Specialist List.
5.5.7 These procedures will be applied by DEVB. The Works Departments will not
be consulted prior to taking action but will immediately be informed.
5.5.8 If any member of a joint venture or consortium is suspended from tendering under
these procedures, then the joint venture or consortium shall be ineligible to tender.
(a) mandatory suspension from tendering (a time limit for review to be set and the
contractor will be subject to a financial vetting before being considered for
reinstatement); or
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(b) downgrading to probationary status or demotion to a lower group of the List and/or
the Specialist List; or
5.6.2 If a contractor fails to make good the shortfall in share capital, employed capital
and/or working capital within the time period as specified by DEVB for retention purpose, he
shall be suspended automatically from tendering for a minimum period of six months starting
from the commencement of the suspension notified by DEVB in the letter of suspension or
until the shortfall is rectified, whichever is later.
5.6.3 Should the contractor fail to meet any financial criteria (including, but not limited
to, to make good the shortfall in capital(s)) within one year from the commencement of the
suspension shown in the letter of suspension, he shall be removed automatically from the List
and/or the Specialist List.
5.6.4 The following regulating actions shall be applicable to the contractors on the List
and/or the Specialist List and be imposed against those contractors incurring substantial loss in
their business: -
(a) If any contractor suffers from an average loss rate greater than 20% in any one
year, a warning letter shall be sent by the Finance Section of DEVB (copied to
SEO(PS), DEVB and all the Works Departments) reminding the contractor that
should the average loss rate exceed 30% based on the audited financial statements
of the subsequent financial year, the contractor may be downgraded, demoted or
removed from all the categories in which he is listed. Upon notification, the
Works Departments shall increase their general vigilance in supervising the
contractor’s works.
(b) If any contractor suffers from an average loss rate greater than 30%, the contractor
shall be:
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(iii) demoted to a lower group if he is under a category in the Specialist List which
has no probationary status; or
(iv) suspended from tendering if he holds a probationary status in the lowest group or
category or is under a category in the Specialist List which has no probationary
status.
(c) For contractors regulated under sub-paragraph (b) above, if their average loss
rates continue to be above 30% based on the audited financial statements for the
following two financial years, the regulating actions in sub-paragraph (b) above
shall be imposed again. A contractor who has been suspended from tendering
under sub-paragraph (b)(iv) above will be removed from the List and/or the
Specialist List.
(d) Provided that the contractor has not been removed from the List and/or the
Specialist List, if his latest audited financial statements show that the average loss
rate is less than 30%, the regulating action imposed under sub-paragraph (b) or
(c) above could be uplifted and the contractor could reinstate his status to that just
before the latest regulating action subject to meeting all the criteria including
financial requirements appropriate to his group and status.
(e) If the contractor’s audited financial statements show that the average loss rate
exceeds 30%, the contractor can inject capital to strengthen the shareholder’ funds
or net worth, which will be taken into account in determining the revised loss rate
for the year under review.
(f) A contractor who is regulated under the Profitability Trend Analysis (“PTA”)
may apply to waive the application of PTA upon the provision of full justification.
In this regard, approval will be granted only under special circumstances.
5.6.5 These procedures will be applied by DEVB. The Works Departments will not
be consulted prior to taking action but will immediately be informed.
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5.7.1 Any contractors convicted of three or more offences under the Employment
Ordinance (Cap. 57), in respect of separate incidents in a rolling 12-month period, shall be
compulsorily and automatically suspended from tendering for public works for six months. The
suspension shall take effect from the date of the last conviction. Convictions in respect of all
public and private contracts shall be counted.
5.7.2 On expiry of the six-month suspension period, if there have been no further
convictions as defined in paragraph 5.7.1 above under the Employment Ordinance (Cap. 57)
during the suspension period, the suspension shall be lifted. If there have been any further
conviction/convictions as defined in paragraph 5.7.1 above during the suspension period, the
suspension shall automatically continue for six months from the date of the last conviction until
there is no further conviction during the extended period or further extended period.
5.7.3 The date of conviction, not the date of commission of the offence, shall be used in
determining action under these procedures.
5.7.4 These procedures will be applied by DEVB. The Works Departments will not be
consulted prior to taking action but will immediately be informed.
5.7.5 The General Condition of Tender in relation to the statement of convictions under the
Employment Ordinance (Cap. 57), as shown in the website of DEVB, shall be included in all
tender documents.
5.7.6 A tender will not be considered if, by the date set for the close of tender, or the
extended date if this has been extended, the tenderer or, if the tenderer is a partnership or an
unincorporated or incorporated joint venture, any participant of the partnership or
unincorporated joint venture or shareholder of the incorporated joint venture is suspended from
tendering under the provisions of this Sub-section.
5.7.7 Departments shall include in the tender reports submitted to the relevant Tender
Board a statement stating that the recommended tenderer is not suspended from tendering under
the provisions of this Sub-section.
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participants for the partnership or unincorporated joint venture or different shareholders for the
incorporated joint venture for which the conviction was made.
5.8.1 Any contractors convicted of three or more offences under the Immigration
Ordinance (Cap. 115), for employing illegal workers or for having illegal workers on sites
under their control in respect of separate incidents in a rolling 12-month period, either as main
contractors or sub-contractors (whether nominated, specialist or domestic) or otherwise as
persons/companies who have control over or are in charge of the construction sites, shall be
compulsorily and automatically suspended from tendering for public works for six months.
Illegal workers shall mean any persons on construction sites who are illegal immigrants; or any
persons who, being not lawfully employable by virtue of Section 17G(2) of the Immigration
Ordinance, have committed an offence under Section 41 by contravening the conditions of stay
in force in respect of them. The suspension shall take effect from the date of the last
conviction. Convictions in respect of all public and private contracts shall be counted.
5.8.2 On expiry of the six-month suspension period, if there have been no further
convictions as defined in paragraph 5.8.1 above under the Immigration Ordinance (Cap. 115)
during the suspension period, the suspension shall be lifted. If there have been any further
conviction/convictions as defined in paragraph 5.8.1 above during the suspension period, the
suspension shall automatically continue for six months from the date of the last conviction until
there is no further conviction during the extended period or further extended period.
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5.8.3 The date of conviction, not the date of commission of the offence, shall be used
in determining action under these procedures.
5.8.4 These procedures will be applied by DEVB. The Works Departments will not
be consulted prior to taking action but will immediately be informed.
5.8.5 The General Condition of Tender in relation to the statement of convictions under
the Immigration Ordinance (Cap. 115), as shown in the web-site of DEVB, shall be included
in all tender documents.
5.8.6 A tender will not be considered if the tenderer or, if the tenderer is a partnership
or an unincorporated or incorporated joint venture, any participant of the partnership or
unincorporated joint venture or shareholder of the incorporated joint venture is suspended from
tendering under the provisions of this Sub-section, unless the suspension is lifted by the date
set for the close of tender, or if this has been extended, the extended date.
5.8.7 Departments shall include in the tender reports submitted to the relevant Tender
Board a statement stating that the recommended tenderer is not suspended from tendering under
the provisions of this Sub-section.
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5.11.1 Please refer to Chapter 7 of the PAH, available in the website of CEDD, for details.
5.12.1 Please refer to WBTC No. 13/2001 and ETWB TCW No. 13/2001A for details.
5.13.1 A contractor shall exercise reasonable care in preparing his tender. A contractor
who engages in any of the following inappropriate conducts, some of which may involve
breaches of contract, may find himself the subject of regulating action:
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(d) refusal to make good the shortfall in share capital, employed capital and working
capital within the specified time required for the award of the tender.
5.13.4 The Government may take legal action against a contractor to recover damages
where there has been a breach of an implied contract by the contractor. In any event,
withdrawal of a tender by the contractor under any of the situations mentioned in paragraph
5.13.1 above and which gives rise to reasonable suspicions as to the capability or integrity of
the contractor shall result in regulating action being taken against the contractor unless the
contractor can offer an acceptable explanation for such conduct.
5.13.6 Upon receipt of the said notification from the procuring department, the Chairman
of the MRC shall take the following actions:
(a) If the notification is the first one in a rolling 36-month period, the following
actions should be taken.
(i) The MRC Chairman shall write on behalf of his Director to the contractor
preferably within two weeks from the date of receipt of the notification from the
procuring department, seeking an explanation from the contractor as to the
reasons for the inappropriate conduct (using the standard letter at Appendix 5B).
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(ii) If the MRC Chairman is satisfied with the contractor’s explanation, the contractor
shall be advised (using the standard letter at Appendix 5C) that the inappropriate
conduct will be recorded but will not be counted for the purposes of taking
regulating actions.
(iii) If the contractor has failed to respond or if the MRC Chairman is not satisfied
with the contractor’s explanation and considers that the inappropriate conduct
could have been reasonably avoided, the contractor should be warned (using the
standard letter at Appendix 5D) that should he engage in further inappropriate
conduct as described in paragraph 5.13.1 above either in the next 12-month period
or 36-month period, regulating actions will be taken in accordance with sub-
paragraphs (b) or (c) below unless the contractor can offer an acceptable
explanation for such conduct.
(b) If the notification is the second one in respect of the same category of works in a
rolling 12-month period, the following actions should be taken.
(i) The MRC Chairman shall follow the same procedures laid down in sub-
paragraphs (a)(i) and (a)(ii) above.
(ii) If the contractor has failed to respond or despite the contractor’s explanation, the
MRC Chairman is satisfied that the inappropriate conduct gives rise to reasonable
suspicions as to the capability or integrity of the contractor, he should recommend
to DEVB to remove the contractor from that particular category. DEVB will
give a further opportunity to the contractor to present his case before determining
whether to take regulating action against him as recommended by the MRC
Chairman.
(c) If the notification is the second one in respect of the same category of works in a
rolling 36-month period, the following actions should be taken.
(i) The MRC Chairman should follow the same procedures laid down in sub-
paragraphs (a)(i) and (a)(ii) above.
(ii) If the contractor has failed to respond or despite the contractor’s explanation the
MRC Chairman is satisfied that the inappropriate conduct gives rise to reasonable
suspicions as to the capability or integrity of the contractor, the MRC Chairman
should recommend to DEVB to suspend the contractor from tendering for public
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works contracts in that category for six months. DEVB will give a further
opportunity to the contractor to present his case before deciding whether to take
regulating action against him as recommended by the MRC Chairman.
5.13.7 If DEVB decides to take regulating action against a contractor in accordance with
this Sub-section 5.13 and where the contractor is a joint venture, then each and every participant
(in the case of an unincorporated joint venture) or shareholder (in the case of an incorporated
joint venture) shall be subject to the same regulating action.
5.13.8 For the purpose of counting the number of tender withdrawal and taking
regulating action, the date of withdrawal shall be taken as the tender closing date of the contract
concerned. In the event that there is uncertainty as to which date is the date of withdrawal, the
decision of the Secretary for Development in this connection is final.
5.14.1 Please refer to ETWB TCW No. 22/2003 and 22/2003A for details.
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6.1.1 When the company name of a contractor has been changed, the contractor shall
notify DEVB in writing of the change of name and submit:
(b) (i) in the case of a company incorporated in Hong Kong, a copy of the
Certificate of Change of Name issued under Section 107(3)(b) of the
Companies Ordinance (Cap. 622); or
(c) a list of all current contracts the contractor has entered into with the
Government; and
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6.2.1 Subject to and upon the receipt of the above documents from the contractor,
DEVB will register the change of name in the List and/or the Specialist List and category in
which the contractor was previously listed under the former company name; and notify the
Managing Department(s) of the change.
(a) submit the original or certified true copy of their latest audited financial
statements after the aforesaid change; and
to ascertain that the financial criteria and requirements for both retention and tendering
purposes are met. Alternatively, a contractor’s audited financial statements immediately
before the change and his most up-to-date management accounts after the change would be
accepted in lieu of the latest audited financial statements after the change if the contractor’s
auditors can confirm to DEVB that there is no impact on the contractor’s financial position
arising from the change.
6.3.1 Upon the notification of DEVB, the corresponding Managing Department for
the category or categories in which the contractor is listed shall consider whether the changes
will affect the ability of the contractor to perform satisfactorily and collect from the
contractor all the necessary documents in relation to his technical ability in the new name
such as copy of Quality Management System certificate and the Certificate of Registration of
General/Specialist Contractor. The Managing Departments shall investigate if necessary
and recommend to DEVB whether there should be any change in the contractor’s status
within one calendar month from the date of referral by DEVB. The procedures of
submitting a recommendation are the same as those given in paragraph 2.3.4 or paragraph
3.3.5 above. Regardless of the outcome of the action taken, existing contracts with the
contractor will remain unaffected. The contractor will continue to be allowed to tender for
contracts under the appropriate category or categories in which the contractor is listed unless
the contractor has been suspended from tendering or removed from the List or the Specialist
List.
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6.3.2 The Managing Departments should note that a change of name per se, or in the
case of a non-Hong Kong company as confirmed by the legal opinion referred to in paragraph
6.1.1(b)(ii), does not affect the legal status, or any of the rights or obligations of the company.
It is therefore not necessary to initiate procedures such as the issue of questionnaires, as if it
were a request by a new contractor for admission to the List and/or the Specialist List. The
contractor should simply be addressed by the new name in the administration of all current
contracts.
6.4.1 DEVB will inform all relevant bureaux/departments of the change of name and
any consequential changes in the contractor’s status under the List and/or the Specialist List.
6.5.2 Changes of a limited company involving a change in his legal entity are not
allowed. It will be classified and dealt with as substitution under Sub-section 6.6.
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6.5.7 Any contractor who fails to comply with the retention requirements set out in
this Sub-section or fails to obtain the approval of DEVB for the changes shall be liable to be
removed from all categories of the List and/or the Specialist List.
6.6 Substitution
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6.6.3 The “Notes for Application for Substitution” at Appendix 6A describes the
pre-requisites and essential information for the completion of the substitution process. A
sample of undertaking, which should be signed by both the outgoing company and the new
company is shown at Appendix 6B. The date of approval for substitution will be the day
executing novation agreements of all outstanding contracts, if any, among the outgoing
company, the new company and the Government.
6.6.4 Upon receipt of an application for substitution, SEO(PS), DEVB will refer the
application to the Managing Departments concerned for the vetting of the technical and
management capability of the new company. These cases will be handled in the same
manner as application for admission. In addition, all relevant bureaux/departments will be
required to check whether the outgoing company has any outstanding contracts with them
and confirm to SEO(PS), DEVB within 3 working days the full list of contracts requiring
novation. The basic principle is to novate all contracts where final payment certificates
have not yet been issued and those contracts where final payment certificates have been
unilaterally issued by the Supervising Officers / Engineers / Maintenance Surveyors but
disputed by the contractor. Relevant bureaux/departments should however be reminded to
check cautiously all contracts still undertaken by the outgoing company (such as those in
Maintenance Periods) and bring to the attention of DEVB if any particular contracts have to
be included in or excluded from the novation list. Upon confirmation by the relevant
bureaux/departments of the full list of contracts to be novated, SEO(PS) will forward the list
together with the application for substitution to the Finance Section of DEVB for financial
vetting. The new company will be assessed financially on whether he is eligible for
admission and for taking up the outstanding contracts surrendered by the outgoing company.
6.6.5 If the Managing Departments recommend the substitution, they should submit
an updated list of outstanding contracts requiring novation and a list of outstanding issues that
have to be cleared by the outgoing company before novation and substitution can be
proceeded. If discrepancies are found between this list of outstanding contracts and the one
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collected previously for financial vetting, SEO(PS) will draw the attention of the Finance
Section of DEVB, which may conduct a re-assessment on the new company’s financial
capability if required. Separately, SEO(PS) will coordinate the returns from relevant
bureaux/departments on outstanding issues and request the outgoing company to furnish the
required documents. Having collected the required documents from the outgoing company,
SEO(PS) will send the documents to the relevant bureaux/departments for vetting. If only
one department is involved in the novation process, that department should follow up all
issues related to the novation and advise SEO(PS) of the date fixed for the execution of
novation agreement(s). DEVB will issue a letter to the new company approving his
inclusion in substitution of the outgoing company on the date of executing novation
agreement(s). If the novation agreement(s) is subsequently not executed on the specified
day, the approval for substitution will become void and invalid. In the event that more than
one bureau/department are involved in the novation process, SEO(PS) will facilitate as a
central coordinator between the relevant bureaux/departments and the outgoing and new
companies. The bureau/department which holds the greatest contract value for those
outstanding contracts requiring novation will be responsible for the logistical arrangement for
the novation procedures such as checking of documents on authorized signatories,
preparation of standardized novation agreement forms and arranging venue for signing
novation agreements.
6.7.1 Apart from the substitution process as mentioned in Sub-section 6.6 above, a
contractor may apply to transfer his benefits and obligations under a contract with the
Government to a third party/new contractor only if he is being wound up, will no longer be in
existence, or is unable to complete the contract. Under such circumstances, the Government
may, on balance and in the interest of the Government and public fund, agree to a novation
instead of terminating the contract. In that event, the original contractor will normally be
removed from the List and/or the Specialist List in accordance with Section 5 above. In all
the aforementioned cases, a novation agreement is required. One of the basic requirements
is that the third party/new contractor must be an approved contractor under the relevant
category/categories in the List and/or the Specialist List. Approval to the novation is subject
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to and conditional upon the Government’s agreement to the terms of the novation agreement.
6.8.2 For all novation, advice from the Legal Advisory Division (Works) of DEVB
must be sought on any proposed change to the standard forms of novation agreement.
6.8.3 The bureaux/departments concerned must check to ensure that the third
party/new contractor taking over the contract has the technical, management and financial
capability and is a fit substitute for the original contractor. In the event that the original
contractor has assigned the financial benefit of his contract with the Government to a
financial institution, the original contractor is required to resolve matters relating to the
financial assignment to the satisfaction of the Government before the Government considers
agreeing to the proposed novation (see also Sub-section 6.9 herein below).
6.8.5 All three parties shall execute the agreement on the same date. In the case
where the contract to be novated is made between the Government and an unincorporated
joint venture contractor, all participants of the unincorporated joint venture contractor shall
also join in the execution of the agreement. Copies of the executed novation agreement
shall be sent to DEVB (Attn: PAS(W)4) and the Financial Services and the Treasury Bureau
within 3 working days from the date of execution.
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6.9.1 Where any performance bond, any guarantee and/or any insurance is required
for a contract and if the contract is to be novated then a substituting performance bond,
guarantee and/or insurance policy must be provided by the third party/new contractor, in the
contractually required form, prior to the execution of the novation agreement. The original
contractor shall be required to clear the following outstanding issues for each contract with
the Government which requires novation, if applicable, at least 2 weeks before execution of
novation agreement:
(a) The original contractor must provide documentary proof that any insurance
policy required under the contract also covers the new contractor to the same
extent as that for the original contractor. If the original insurance policy(ies)
includes other parties in joint names, the new policy(ies) should cover these
parties as well.
(b) In the event that an existing contract involves a Nominated Subcontract, the
original contractor, the new contractor and the relevant Nominated
Subcontractor should novate the Nominated Subcontract. The original and a
copy of the novated Nominated Subcontract should be produced to the relevant
bureau/department for inspection and, if found acceptable to the relevant
bureau/department, the original novated Nominated Subcontract will be
returned to the applicant and the copy thereof shall be retained for record.
The novated Nominated Subcontract should have a clause to the effect that the
novated Nominated Subcontract shall take effect only on the date when the
novation agreement in respect of main contract is executed.
(c) The original contractor must provide documentary proof that any Professional
Indemnity Insurance required for the contract also covers the new contractor to
the same extent as that for the original contractor. If the original insurance
policy(ies) includes other parties in joint names, the new policy(ies) should
cover these parties as well.
(d) The original contractor must provide documentary proof that any bond(s) and
surety(ies) required for the contract also covers the new contractor to the same
extent as that for the original contractor. Alternatively, new bonds and
surety(ies) acceptable to the Government may be furnished. In the event that a
substituting bond and/or surety(ies) cannot be made available at the date of the
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(e) The original contractor must provide documentary proof that he has resolved
matters relating to the financial assignment if he has assigned the financial
benefit of his contract with the Government to a financial institution.
(f) The original contractor must provide other documents as specified and required
by DEVB.
6.9.2 Where the third party/new contractor is a limited liability joint venture company,
each shareholder of the company will be required to execute a Joint Venture Guarantee prior
to the execution of the novation agreement.
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SECTION 7 TENDERING
7.1 General
7.1.1 Tenders for public works contracts are normally invited from contractors on the
List and the Specialist List. In this connection, contractors which are not on the List and/or
the Specialist List may take part in these tendering exercises by either becoming an approved
contractor on the List and/or the Specialist List before tender closing date1 or participating as
a member of joint venture tenderer. In addition, the contractors are required to satisfy other
tender conditions stipulated in the tender invitation documents.
7.2 Tendering
7.2.1 Invitations of tenders for public works contracts will be published in the
Government Gazette normally for contracts with estimated value exceeding a certain limit2.
Tender invitations for public works contracts under that limit may only be published on the
website of the Financial Services and the Treasury Bureau (“FSTB”) and/or the websites of
the relevant bureaux / departments.
7.2.2 Invitations to contractors to tender will normally be limited to the particular group
appropriate to the value of the contract. However, when the works involved are of simple or
repetitive nature, the span of groups invited to tender may be broadened to the lower groups at
the discretion of the head of the department responsible for the contract, without immediate
regard to the value of the contract. This rule can be extended to probationary contractors in
Group A and Group B of the List.
7.2.3 Normally, Group C contractors will not be allowed to tender for Groups A and
B contracts unless the procuring department considers that there may be an inadequate
number of tenderers. In such cases, prior approval must be obtained from a D2 or higher
rank officer of the procuring department concerned and notification of the intention to invite
tenders from Group C contractors for lower group contracts given to the Managing
Department. If there are other reasons for inviting Group C contractors to tender for lower
group contracts, the procuring department shall seek prior consent from DEVB and sufficient
1
“Tender closing date” refers to the date set for the close of tender in the tender documents, or if this has been
extended, the extended date.
2
Please also refer to the Stores and Procurement Regulations Clause 340 (d) available at the website of FSTB :
https://www.fstb.gov.hk/tb/en/government-procurement-policy-procedures.htm.
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7.2.4 If a contractor’s tender falls outside the limits applicable to his group, category or
status, he may not be eligible for the award of the contract.
7.2.5 A probationary contractor’s eligibility to tender and for the award of contracts is
more particularly set out in paragraphs 2.5.1, 3.5.1 and Sub-section 7.5. For the avoidance of
doubt, probationary contractors should normally be invited to tender for contracts in the
respective group. In case the procuring department considers it necessary to invite tenders
from contractors of confirmed status only, prior consent from DEVB shall be obtained. A
probationary contractor who is considered to have exceeded the tendering limits as set out in
paragraphs 2.5.1 and 3.5.1 at the time of tender invitation will still be permitted to collect tender
documents in respect of a contract and to submit a tender. However, a tender submitted by
such probationary contractor will not be considered unless he has become eligible to tender for
the contract being procured at the tender closing date. Where the tender submitted by a
probationary contractor is not considered because he has exceeded the limits given in
paragraphs 2.5.1 and 3.5.1 at the tender closing date, the procuring department shall, after the
award of the contract has been made, notify him in writing of the reasons for rejection of his
tender and remind him to check carefully against these limits in future bidding.
7.2.6 Contractors not in the group or confirmed status specified in the tender invitation
or a tenderer who has applied for admission or promotion to the group specified in the tender
invitation or who has applied for confirmed status will be permitted to collect tender documents
and may submit a tender. However, such a tender will not be considered unless his
application for admission or promotion or, as the case may be, confirmation is approved by the
tender closing date.
7.2.7 The Government reserves the right of dealing with contracts such as those
demanding the application of considerable financial resources, highly specialised equipment
or unusual professional or technical expertise of a high order, on the basis of single, restricted
or prequalified tendering by invitation.
7.3.1 Eligibility to tender for term contracts shall be determined by the estimated value
of the term contract except where a specialist category has been created in the Specialist List
in which case tenders shall be invited from contractors in the specialist category. For the
purpose of defining eligibility to tender, the value of a term contract shall be taken to mean the
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7.3.2 At the discretion of the head of the department responsible for the contract,
contractors confirmed in Group B may be permitted to tender for term contracts above the
Group Tender Limit for Group B but which are of a simple and repetitive nature, provided the
contractors can demonstrate adequate technical and financial resources and have satisfactory
performance records. Group B contractors who are carrying out or have recently completed
similar term contracts satisfactorily shall be considered under this rule. However, the total
value of the Group C term contracts in any one category held by a Group B contractor should
not exceed the Group C probationary limit given in paragraph 2.5.1(c) or paragraph 7.5.4 below.
7.4.1 A holding company, his subsidiaries and related parties shall be permitted to be
included in the List and/or the Specialist List, either in the same or different categories, classes
or groups. However, the holding company, all his subsidiaries and related parties who are
included in the List and/or the Specialist List shall each give an undertaking that only one
company will submit a tender for a particular contract. A tender submitted by a joint venture
of a holding company, his subsidiaries and/or related parties will be regarded as a tender from
one and the same tenderer. But if two or more shareholders or participants in the same joint
venture tenderer have a holding-subsidiary relationship or they are related, they shall not be
regarded as having submitted more than one tender. Failure to observe this undertaking will
render all related tenders null and void. The existence of a holding-subsidiary relationship
shall be determined in accordance with the provisions in Sections 13 to 15 of the Companies
Ordinance (Cap. 622). The definition of a “related party” is set out in the guidance notes of
the application form available at the website of DEVB via the link:
https://www.devb.gov.hk/en/construction_sector_matters/contractors/applications_as_public_
works/index.html.
7.5.1 For the purpose of checking probationary contractors’ eligibility to tender, and
for the award of contracts:
(a) “contract being procured” means the contract being procured under a particular
procurement exercise in which the probationary contractor’s eligibility is checked;
3
i.e. the Total Value for Tender Assessment (TVTA).
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(b) all probationary contractors’ eligibility to tender as at the tender closing date for
the contract being procured will be checked to screen out those that are ineligible
to tender;
(e) notwithstanding (d) above, in counting the number of Group C contract(s) that a
probationary contractor already holds, only Group C contract(s) with a contract
value exceeding the minimum value specified for Group C current at the tender
closing date for the contract being procured shall be counted;
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7.5.2 For the purpose of checking the contracts which a probationary contractor already
holds under the rule in paragraphs 2.5.1, 3.5.1 and 7.5.1, the contracts which are completed
shall not be counted. In this regard, a contract is considered completed when the certificate
of completion of the works or the last completed section of the works (excluding establishment
works) is issued or, for term contracts, the issue of completion certificate for the last completed
works order (excluding establishment works).
7.5.4 Paragraphs 2.5.1(c) and paragraph 7.5.3 do not apply to probationary Group C
contractors tendering for Group C contract in the “Buildings” category with the Architectural
Services Department, who have as at the tender closing date for the contract being procured
active Housing Authority contract(s) each of an original contract value exceeding Group
Tender Limit for Group B in the corresponding category. If the total outstanding value of
such Housing Authority contract(s) exceeds Group C probationary limit, this probationary
Group C contractor will be restricted to tender or for award of one Group C contract in the
“Buildings” category with the Architectural Services Department. Provided always that the
total Group C contracts that he already holds and the Group C contract being procured under
the same “Buildings” category does not exceed two (2) in number and does not exceed Group
C probationary limit in the total value of works. The term “active Housing Authority
contract(s)” shall mean those Housing Authority contracts which are not completed within the
meaning as provided in the second sentence of paragraph 7.5.2 above.
7.5.5 The total value of works in the relevant group, class and category of contracts that
a probationary contractor already holds as described in the rule in paragraphs 2.5.1, 3.5.1 and
7.5.4 should be referred to as the total outstanding value of the existing contract(s) held by
probationary contractors in the same group, class and category. The outstanding value of an
existing contract shall be the difference between the original contract sum4 and the aggregate
of all payments certified under the contract up to and including the tender closing date for the
contract being procured. The outstanding value shall be taken as zero if the original contract
sum is less than the aggregate of all payments certified. For the purpose of checking
eligibility for award of contract mentioned in paragraph 7.5.1(c), the same outstanding value
4
For New Engineering Contract (“NEC”), the original contract sum in counting the outstanding value of a
contract shall be the corrected forecast total of the Prices.
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of the existing contract(s) determined as aforesaid shall be added to the total outstanding value
of new contracts in the relevant group / class and category of contracts awarded after the tender
closing date in checking compliance with the contract limits for probationary contractors.
7.5.6 Where –
(a) a probationary contractor has submitted tenders and attained the highest
combined scores for more than one contract in the same category, class and group;
and
(b) if the award of these contracts are determined at the same time but the award of
two or more of these contracts to that probationary contractor will exceed the
limits on number and/or value of contracts in the relevant category, class and
group stipulated in paragraph 2.5.1 or 3.5.1,
the Government shall be entitled to determine which contract(s) is/are to be awarded to that
probationary contractor on the basis of a combination of tender awards of these contracts that
would cost least to the Government. An example is provided in Appendix 7.
7.6.1 Before recommending the award of a contract, the department responsible for the
contract must be satisfied that the contractor being recommended is both technically and to the
best of their knowledge financially capable of successfully carrying out the contract and, all
other contracts he may hold.
7.6.2 In checking the financial capability of the tenderers, the department responsible
for the contract is required to consult the Finance Section of DEVB:
(a) in respect of all tenderers for contracts of any values exceeding $15,000,000;
and
(b) in cases where there is reason to doubt the financial capability of tenderers for
contracts with a value of $15,000,000 or less.
For both (a) and (b) above, it is normally only necessary to refer the three highest combined
scorers for a contract to the Finance Section of DEVB for financial checking. Financial
checking is also required on tenderers for contracts under categories listed in paragraph 3.3.6
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7.6.3 A contractor must meet the financial requirements for acceptance of tenders
established by DEVB and included in Annex 2 to Appendix 2A or Appendix 3B before the
award of a contract. It should be noted that should the contractor fail to meet the financial
requirements or to rectify the shortfall in capital(s), or if the contractor’s average loss rate is
greater than 30% under the Profitability Trend Analysis, he will not be recommended for the
award of contracts in his prevailing groups.
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Circular
Title
No.
Superseded by the first edition of this Handbook promulgated via Circular No. 5/2001
2/86 Rules for the Administration of the Category “Landscaping”
16/87 Central Record and Review of Contractors’ Performance
9/93 & Regulating Actions on Contractors Convicted of Employing Illegal Immigrants or of Having
9/93A Illegal Immigrants on Sites under their Control
7/96 & Change of Company Name of a Contractor and Transfer of Benefits and Obligations of
7/96A Contracts by Contractors (Novation)
12/96 Report on Contractors’ Performance Guidance Notes for the Completion of Reports
13/96 Guidance Notes for the Administration of Approved Contractors for Public Works and
Regulating Actions for Poor Performance
8/97 Regulating Actions on Contractors Convicted of Contravention of the Employment
Ordinance
9/97 Rules for the Administration of the List of Approved Contractors for Public Works
2/98 Automatic Suspension for Non-Submission of Accounts
Superseded by Revision A of this Handbook promulgated via Circular No. 25/2002
2/99 The Appendices in relation to convictions under the Immigration Ordinance
(Cap. 115) and Employment Ordinance (Cap. 57) in WBTC No. 2/99 –
Tenderer’s Eligibility for the Award of Works Contracts
5/2001 Contractor Management Handbook
44/2002 Regulating Actions for Contractors Convicted of Employing Illegal Workers or of Having
Illegal Workers on Sites under their Control
Superseded by Revision B of this Handbook since its promulgation via Circular No. 9/2005
25/2002 Contractor Management Handbook – Revision A
44/2002A Regulating Actions for Contractors Convicted of Employing Illegal Workers or of Having
Illegal Workers on Sites under their Control
18/2003 Substitution of Listing Status and Transfer of Benefits and Obligations of Contracts
Superseded by the current version of this Handbook
9/2005 Contractor Management Handbook – Revision B
1
“Land and Works Branch Technical Circular”, “Works Branch Technical Circular”, “Works Bureau Technical Circular”,
“Environmental, Transport and Works Bureau Technical Circular” and “Development Bureau Technical Circular (Works)”
are collectively called “Technical Circular” in this Appendix.
Appendix 1 Page 1 of 3
Revision Date: January 2021
Circular
Title
No.
Partly subsumed under Revision B of this Handbook
13/2001A Quality Management System Certification of Consultants and Contractors for Public Works
Administered by the Works Group of Departments
47/2002 Management of Sub-contractors by Contractors
[subsumed under Chapter 5 and Chapter 7 of the Project Administration Handbook for Civil
Engineering Works (PAH) which is available at the website of the Civil Engineering and
Development Department (CEDD), and Section 5 of Appendix 4B of the Handbook]
12/2003 Employment of Technician Apprentices and Building & Civil Engineering Graduates by
Contractors of Public Works Contracts
10/2004 Tenderer’s Eligibility for the Award of Works Contracts
13/2004 Engagement of Sub-contractors Registered from Voluntary Sub-contractor Registration
Scheme
[subsumed under Chapter 5 and Chapter 7 of PAH which is available at the website of CEDD]
31/2004 & Trip Ticket System for Disposal of Construction & Demolition Materials
6/2010
3/2009 Regulating Action against Contractors for Occurrence of a Serious Incident or Conviction
for Site Safety or Environmental Offences
8/2010 Enhanced Specification for Site Cleanliness and Tidiness
Subsumed under the current version of this Handbook
1/2013 Rules for the Administration of the “Plumbing Installation” Category under the List of
Approved Suppliers of Materials and Specialist Contractors for Public Works
Appendix 1 Page 2 of 3
Revision Date: January 2021
Technical Circulars and subsequent revisions to be read in conjunction with this Handbook
Circular
Title
No.
17/96 Supply of Bituminous Pavement Materials and Construction of Special Bituminous Surfacing
[subsumed under Chapter 5 of PAH which is available at the website of CEDD]
13/2001 & Quality Management System Certification of Consultants and Contractors for Public Works
13/2001A Administered by the Works Group of Departments
25/2001 and Admission of EMSTF onto the List of Approved Suppliers of Materials and Specialist
25/2001A Contractors for Public Works under 25 Categories of E&M, Electronics and Building Services
50/2002 Contractors’ Joint Ventures
12/2003 Employment of Technician Apprentices and Building & Civil Engineering Graduates by
Contractors of Public Works Contracts
22/2003 & Additional Measures to Improve Site Cleanliness and Control Mosquito Breeding on
22/2003A Construction Sites
19/2005 Environmental Management on Construction Sites (and Pay for Safety Performance Merit
Scheme)
3/2007 & Contractors’ Performance Index System
3/2007A
3/2009 Regulating Action against Contractors for Occurrence of a Serious Incident or Conviction
for Site Safety or Environmental Offences
6/2010 Trip Ticket System for Disposal of Construction & Demolition Materials
Appendix 1 Page 3 of 3
Revision Date: January 2021
The suitability of a contractor for admission, confirmation and promotion to a category and group in the
List is assessed mainly under six core elements, (namely experience, management, staff employment, safety,
integrity and financial capability), as well as other specific technical requirements. A contractor on the
List shall ensure his continuous compliance with the retention requirements. Subject to other provisions
in the Handbook, the applicability of the criteria in this Appendix to admission, confirmation, promotion
and retention are summarized in the table below.
For admission,
confirmation and For retention
promotion
Criterion 1 : Safety
1.1 Qualified personnel
1.2 Performance in compliance with safety 1
legislations
Criterion 2: Experience
Criterion 3: Management – Top Management
3.1 Minimum number and qualifications
3.2 Continuous Capability Building
Criterion 4: Staff Employment – Technical Staff
4.1 Minimum number and qualifications
4.2 Continuous Capability Building
Criterion 5: Financial Capability
Criterion 6: Integrity
6.1 Integrity Management Policy
6.2 Integrity Training
Other Criteria: Business Registration Certificate,
Statutory Registration and ISO 9001 Certification
1
The policy and procedure for imposition of regulating action against contractors on the List for occurrence of a serious
incident or conviction for site safety offences are set out in DEVB TC(W) No. 3/2009 and handled under that Technical
Circular separately.
Appendix 2A Page 1 of 16
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Minimum financial, technical and management requirements for the List of Approved Contractors for Public Works Appendix 2A
Appendix 2A Page 2 of 16
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Minimum financial, technical and management requirements for the List of Approved Contractors for Public Works Appendix 2A
Appendix 2A Page 3 of 16
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Minimum financial, technical and management requirements for the List of Approved Contractors for Public Works Appendix 2A
Appendix 2A Page 4 of 16
Revision Date: January 2021
Minimum financial, technical and management requirements for the List of Approved Contractors for Public Works Appendix 2A
Appendix 2A Page 5 of 16
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Minimum financial, technical and management requirements for the List of Approved Contractors for Public Works Appendix 2A
2
For contracts which tenders were invited before 1 March 2021, the total value of not more than two of the relevant contracts shall be over 140% of the average of respective prevailing probationary
limit of Group C stipulated in Remark 2.2. If the applicant’s experience is based on two contracts, one for which tender was invited before 1 March 2021 and one for which tender was invited
on or after 1 March 2021, the total value of contracts required shall be the sum of 70% and 50% of the respective probationary limits of Group C stipulated in Remark 2.2.
Appendix 2A Page 6 of 16
Revision Date: January 2021
Minimum financial, technical and management requirements for the List of Approved Contractors for Public Works Appendix 2A
3
For a contract which tenders were invited before 1 March 2021, the contract value shall be over 70% of the average of the respective prevailing probationary limit of Group C stipulated in
Remark 2.2.
Appendix 2A Page 7 of 16
Revision Date: January 2021
Minimum financial, technical and management requirements for the List of Approved Contractors for Public Works Appendix 2A
Group B
3.1 Minimum Admission on Probation (Direct Entry or By Promotion) / Confirmation / Retention
Number and - At least one member of the resident top management shall have a minimum experience of five years, out of which three years shall be local experience, in
qualifications managing a construction firm obtained in the past eight years
3.2 Continuous Retention
Capability - The named member(s) of the top management is/are required to participate in an average of minimum 6 hours of capability building events per year, including
Building* minimum 1 hour safety-related event(s) and 1 hour integrity-related event(s)
Group C
3.1 Minimum Admission on Probation (Direct Entry or By Promotion) / Confirmation / Retention
Number and - At least one member of the resident top management shall have a minimum experience of five years, out of which three years shall be local experience, in
qualifications managing a construction firm obtained in the past eight years
3.2 Continuous Retention
Capability - The named member(s) of the top management is/are required to participate in an average of minimum 6 hours of capability building events per year, including
Building* minimum 1 hour safety-related event(s) and 1 hour integrity-related event(s)
Appendix 2A Page 8 of 16
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Remarks
General
1. Unless otherwise specified, the revised admission/confirmation/promotion/retention requirements in this Appendix shall take effect from 1 March 2021.
2. The assessment criteria / sub-criteria denoted with asterisk (*) are retention requirements only.
3. The assessment criteria / sub-criteria denoted with hashtag (#) are admission, confirmation or promotion requirements only.
4. Except for those assessment criteria / sub-criteria denoted with asterisk (*) and hashtag (#), the remaining ones are applicable to admission, confirmation, promotion and retention.
5. There are no Group A contractors for the Port Works and Site Formation categories.
Criterion 1: Safety
1.1 Qualified Personnel
Group A and Group B
- The contractor shall employ at least one person who is qualified to be a safety supervisor in accordance with Chapter 3, Appendix III, paragraph 6(4) of the Construction Site Safety
Manual.
- The duties of safety supervisor shall include providing assistance to the contractor in promoting the safety and health of its employees. Provided that the duties of the safety supervisor
can be properly discharged, the safety supervisor may work on part-time basis or take up other tasks.
Group C
- The contractor shall employ at least one person as a safety manager who shall possess below qualifications :
- The duties of the safety manager shall include providing assistance to the contractor in overseeing the safety and health of its employees and the company’s safety performance in
construction sites. Provided that the duties of the safety manager can be properly discharged, the safety manager may work on part-time basis or take up other tasks.
- For admission, confirmation, promotion or retention in more than one categories in the List and/or the Specialist List, the contractor is required to employ one qualified safety personnel
with requirements appropriate to the highest Group of the List only instead of one for each category.
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Remarks
1.2 Performance in compliance with safety legislations#
- The applicant shall not be convicted of 5 or more site safety offences counted by the date of commission and not by the date of conviction, each arising out of separate incidents in any 6-
month period in the past 12 months counting from the submission of the application. For example, if an applicant submitted its application on 1 January 2021, the applicant shall not be
convicted of 5 or more site safety offences in each of the rolling 6-month period below:
Rolling
1 Jan 20 to 1 Feb 20 to 1 Mar 20 to 1 Apr 20 to 1 May 20 to 1 Jun 20 to 1 Jul 20 to
6-month
30 Jun 20 31 Jul 20 31 Aug 20 30 Sep 20 31 Oct 20 30 Nov 20 31 Dec 20
Period
- A site safety offence means a conviction for any offence set out in the ordinances and their subsidiary legislations stipulated in paragraph 2(e) of DEVB TC(W) No. 3/2009 or subsequent
updates. For overseas applicants who do not have site experience in the HKSAR, a site safety offence means a conviction for any offence set out in the relevant occupational health and
safety acts, regulations and their subsidiary legislations in its place of incorporation or place of major business. The overseas applicants shall provide details of such site safety offence
to DEVB and Managing Department(s) for assessment.
- The applicant shall declare his compliance with this assessment sub-criteria in the application form, and shall provide supporting documents upon request. In the event that an applicant’s
number of convictions exceeds the above limit, the applicant shall be regarded as having satisfied this requirement if the applicant already holds a certificate of compliance with ISO
45001 (or equivalent) and has completed a safety audit by external safety auditor recognised by DEVB to demonstrate its capability to deliver a relevant contract with satisfactory safety
performance after the last conviction and within one year from its application.
2.2 Group A limit and Group B limit mean the Group Tender Limits for Group A and Group B respectively. Probationary limit of Group C means the total value of Group C contracts in any one
category for which a probationary Group C contractor is eligible to be awarded. The applicable tender limits for Group A, Group B and Group C (Probationary) in this Appendix should be as
follows:
Applicable to contracts for which tenders were invited Group A Group B Group C (Probationary)
On or after 1 March 2021 $150 million $400 million $1,500 million
Before 1 March 2021 but on or after 15 February 2017 $100 million $300 million $700 million
before 15 February 2017 $75 million $185 million $400 million
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Minimum financial, technical and management requirements for the List of Approved Contractors for Public Works Appendix 2A
Remarks
2.3 An applicant shall satisfy the following minimum experience requirements before the applicant may be considered for promotion:
2.4 A contractor may apply for admission to confirmed status directly if he can demonstrate that he has satisfactorily completed relevant contracts in accordance with paragraph 2.3.1 of Section
2.
2.5 For confirmation in Group A or Group B, or promotion to Group B in Waterworks category, the value of waterworks in other categories of Government or non-Government contracts may
also be accredited, provided that an applicant undertook the waterworks and was the main contractor for that contract.
2.6 Sub-contractor experience in this Appendix refers to working experience in carrying out sub-contract works in the first tier level (i.e. a sub-contract between the subject contractor and the
main contractor) for all categories. In addition, for Waterworks category, relevant experience as a second tier sub-contractor for the main contract of other category under entrustment
arrangement, incorporating waterworks elements that were required to be carried out by a contractor under the Waterworks category in the capacity as a sub-contractor will be accredited. In
all cases, the sub-contract works shall be relevant to the works under the Category he is applying for. For avoidance of doubt, the same works can be counted only once for a contractor
irrespective of the sub-contracting arrangement. The contractor shall provide sufficient evidence to demonstrate the experience acquired from his completed sub-contracts.
2.7 For contracts completed by joint venture, only the part of contract completed by the contractor as a participant or shareholder in the joint venture shall be accredited and shall be calculated in
accordance with his share of works by value. The part completed by the contractor shall be relevant to the works under the Category he is applying for. The contractor shall provide sufficient
evidence to demonstrate the experience acquired from his completed part in the joint venture contracts.
2.8 Completion of contract refers to issue of certificate of completion of the works or the last completed section of the works (excluding establishment works) or, for term contracts, the issue of
completion certificate for the last completed works order (excluding establishment works).
2.9 The contractor shall provide documentary evidence (e.g. performance reports, progress reports, minutes, statement from the Engineer / Architect / Supervising Officer / Client, etc.) to the
satisfaction of the Managing Departments to demonstrate the contractor’s satisfactory execution of a contract for at least two years and the works already completed should be relevant to and
commensurate with the category being applied for confirmation.
2.10 “value” refers to the Architect/Engineer’s estimated value of completed works and, in case of joint venture, the shared value of completed works undertaken by the applicant.
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Minimum financial, technical and management requirements for the List of Approved Contractors for Public Works Appendix 2A
Remarks
2.11 The non-Government main contract for assessing contract experience requirements for confirmation and promotion as set out in this Appendix should be comparable with Government main
contract in terms of management and site practices, including among others, safety and environmental performance, as substantiated with proof by the contractor in his application. To
facilitate investigation, the Managing Department and DEVB may seek confirmation, as necessary, on the authenticity of the proof provided by the contractor and/or seek further references
on the contractor’s technical and management capabilities from relevant authorities or clients/consultants/authorised persons/architects/engineers of the contracts concerned, as appropriate.
3.2 Top management shall be the President, Chairman, Director, Managing Director, Executive Director, or General Manager etc.
3.3 The top management and the technical staff appointed by a contractor must be two individual persons.
3.4 For technical staff of Group C contractors, the following degrees are considered relevant:
Buildings Port Works, Roads and Drainage, Site Formation,
Waterworks
Structural Engineering Civil Engineering
Engineering (in the structural engineering Engineering (in the civil engineering stream)
stream)
Architecture
Quantity Surveying
Building Technology
Other degrees such as those in Mechanical Engineering, Electrical Engineering and Management Studies are not considered as relevant degrees. A relevant professional qualification is
equivalent to a relevant degree. Relevant degrees from universities or polytechnics outside Hong Kong are acceptable.
3.5 Academic or non-graduate vocational qualifications other than those stipulated in this Appendix may be acceptable, subject to case by case consideration, at the merits of relevant proofs
and/or supporting information as deemed necessary, by the relevant Managing Department.
3.6 For admission, retention, confirmation or promotion in more than one category, the contractor is required to employ one top management with qualifications and experience appropriate to the
highest Group only instead of one for each category. However, he is required to employ a minimum of one experienced technical staff for each category regardless of the number specified
in the above table. The experience and qualifications of the technical staff shall be as specified for the appropriate group and category in the above table.
3.7 For the avoidance of doubt, a person already appointed by a contractor on the Approved List or a supplier/specialist on the Specialist List as its full-time Top Management/Technical Staff
should NOT be appointed simultaneously as Top Management/Technical Staff of another contractor/supplier/specialist on the Approved List or the Specialist List.
3.8 For requirements set out in sub-criteria 3.2, 4.2 and 6.2 in this Appendix, capability building events may be in the form of conferences, seminars, workshops, forums, training courses, etc.
The contractor shall declare its compliance with these sub-criteria during renewal and submit documentary proof if requested.
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Remarks
Other Criteria
4.1 Contractors shall possess or set up in Hong Kong a place of business as defined in Section 2 of the Business Registration Ordinance (Cap. 310).
4.2 Contractors applying for admission to the Buildings category are required to be registered in the Register of General Building Contractors kept by the Building Authority in accordance with
the Buildings Ordinance (Cap. 123) and shall submit proof of their registration with their applications.
Appendix 2A Page 16 of 16
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Table A
Checklist Items
New Building Building Trades Structural Works Building Services
Involved Involved Works Involved
Min. area and no. of
storeys Min. no. (Total 8 ) Min. Cost in terms Min. Cost in terms of
1. Blockwork/Non- of % of min. % of min. contract
structural Elements contract value value (excluding
2. Roofing/Tanking (excluding Prelim. Prelim.)
Group Application 3. Carpentry/Joinery/ and piling)
Ironmongery Include at least 3 of
4. Glazing/Curtain Wall/ Involve new the following:
Cladding construction of 1. Electrical
5. Internal & External Reinforced 2. Fire Services
Finishes/ Rendering Concrete or 3. MVAC
6. External Works Structure 4. Lift/Escalator
7. Plumbing & Drainage Steelworks
8. Metal Works
Group At least 2 storeys 5 out of 8 20% 20%
A Direct Entry to or CFA≥700m2
probation in one construction
site
At least 2 storeys 5 out of 8 20% 20%
By Confirmation or CFA≥700m2
from Probation in one construction
site
Group At least 2 storeys 5 out of 8 15% 15%
B or CFA≥1100m2
By Promotion
in one construction
site
Direct Entry to At least 3 storeys 7 out of 8 15% 15%
probation / and CFA≥2600m2
By Confirmation in one construction
from Probation site
Group At least 3 storeys All 8 15% 15%
C and CFA≥2800m 2
By Promotion
in one construction
site
At least 3 storeys All 8 total 12% total 12%
and total CFA
Direct Entry to
Probation ≥21000m2
in max. two
construction site
At least 3 storeys All 8 12% 12%
By Confirmation and CFA≥10500m2
from Probation in one construction
site
Remarks:
1. For application for confirmation from probation, the scope of on-going contract which the contractor has satisfactorily
executed for two years should attain the minimum number of building trades and the minimum costs for structural works and
building services works as stipulated in Table A. The completed works of the on-going contract should fulfil at least 50% of
the above requirements.
Introduction
1. The financial criteria for administration of the List of Approved Contractors for Public Works (the
List) and requirements for acceptance of a tender are established by DEVB. Contractors are required to:
(i) submit the original or a certified true copy of their latest audited financial statements and in case
the contractor is a Group C contractor on the List, also the latest half-yearly management accounts;
(ii) submit certified statements of outstanding workload;
to enable DEVB to ascertain that the applicable financial criteria and requirements are met.
2. In accordance with the Rules for Administration of the List in Section 2 of the Handbook, a
contractor applying for admission, confirmation or promotion must meet and maintain the financial criteria
applicable to his appropriate group and status. For retention on the List, a contractor is also required to
meet such financial criteria.
3. The financial information required to be submitted by the contractors for financial assessment is
set out in Notes to Annex 2 to Appendix 2A & Appendix 3B.
4. A contractor is required to maintain minimum levels of paid-up share capital, employed capital
and working capital applicable to the appropriate group and status. The minimum levels of paid-up share
capital, employed capital and working capital will be periodically adjusted and are currently set as follows:
Financial Criteria for Administration of the List and Requirements for Acceptance of a Tender Annex 2 to Appendix 2A
Financial Criteria for Administration of the List and Requirements for Acceptance of a Tender Annex 2 to Appendix 2A
Note : (1) The above revised financial criteria shall take effect on 1 March 2021. However, in order
to facilitate the existing contractors on the List to maintain their present listing status, the
existing contractors will be given a 12-months’ grace period to adjust to the above new
financial criteria. In other words, all management accounts or audited financial
statements with accounting periods ending on or after 1 March 2022 will be subject to the
above new financial criteria.
(2) As regards applications for admission, confirmation or promotion in the List, contractors
shall meet the above new financial criteria applicable to the specific group in question for
applications made on or after 1 March 2021. Applications made prior to 1 March 2021
shall be subject to the financial criteria applicable at the time of application and the
successful applicants shall meet the above new financial criteria within the same deadline
as the existing contractors aforesaid. For the purpose of tender evaluation, contractors
shall be subject to the above revised financial criteria if the tenders are invited on or after
1 March 2021.
(3) The paid-up share capital requirement is not applicable in case of partnership and sole
proprietorship.
5. Where a contractor is listed in more than one works category, he must maintain the minimum
levels of share capital, employed capital and working capital applicable to his highest group and status.
6. The annualized outstanding works is defined as the combined annual value of uncompleted works
on public works contracts, Housing Authority contracts and contracts with the private sector on a world-
wide basis.
7. Public works contracts include all construction-related contracts and works-related maintenance
contracts where Government of HKSAR is the employer.
8. Shortfall in share capital and employed capital can be rectified by an increase in share
capital/partners’ funds/proprietor’s funds, while shortfall in working capital can generally be rectified by
the following methods:
Bank overdraft or similar facility can be a method to rectify the shortfall in working capital only for shortfall
relating to outstanding workload. Notwithstanding the above, other rectification methods may be
accepted subject to the satisfaction of DEVB.
9. If a contractor reported loss in the latest audited financial statements, he shall be subject to an
assessment on Profitability Trend Analysis, which is an analysis of the financial performance of a contractor
with reference to his profit or loss over the past three consecutive years. In this regard, the average loss
rate of the contractor shall not be greater than 30%.
Financial Criteria for Administration of the List and Requirements for Acceptance of a Tender Annex 2 to Appendix 2A
10. The average profit/loss rate is defined as the weighted average of the net profit/loss as a
percentage of the opening balance of the shareholders’ funds or net worth over the past three years with
weights of 3:2:1 (higher weight to be assigned to the more recent year). The net profit/loss and the opening
balance of the shareholders’ funds or net worth will be extracted from the audited financial statements.
Subsequent capital injection by a contractor to strengthen the shareholders’ funds or net worth will be taken
into account in determining the revised loss rate for the year under review.
11. For a newly formed company with only two years’ operations, the average profit/loss rate is
defined as the weighted average of the net profit/loss as a percentage of the opening balance of the
shareholders’ funds or net worth over the past two years with weights of 3:2 (higher weight to be assigned
to the more recent year).
12. For a newly formed company with only one or less than one year’s operation, the average loss
rate is defined as the net loss as a percentage of the shareholders’ funds or capital at the start of business.
13. Contractors are required to provide additional financial information as and when required to
enable DEVB to carry out ad hoc financial assessment.
14. DEVB will take into account the financial information submitted by the contractor and any other
relevant information available to DEVB to form an opinion on his financial capability. In the event that
special circumstances of a contractor arise which cast doubts on his financial capability, DEVB reserves
the rights to determine that the contractor fails to satisfy the financial requirements.
15. In order to be recommended for the award of a contract of whatever value in any category of
work, a contractor’s share capital, employed capital and working capital, as assessed from the accounts,
should amount to at least the levels required for administration of the List. In this regard, the employed
capital and working capital requirements would be based on the latest statement of outstanding workload
and would take into account the annual value of the tender. The financial information required to be
submitted in the tendering exercise by the contractors is set out in Notes to Annex 2 to Appendix 2A &
Appendix 3B.
16. In the case of a joint venture, each participant (irrespective whether on the List, the Specialist List
or not) shall be assessed on his own financial capability in taking up his share of the tender. In order to
be recommended for the award of a contract, all participants must meet the required capital levels.
However, if any of the participants cannot meet the required capital level(s) for undertaking his share but
the other participant(s) of the joint venture has met the financial criteria for undertaking such share(s) and
agrees to undertake such share(s) by signing an undertaking in the form prescribed by DEVB, the joint
venture may still be regarded as satisfying the financial requirements collectively.
17. If a contractor is subject to the assessment on the Profitability Trend Analysis and his average loss
rate is greater than 30% (or his revised loss rate taking into account subsequent capital injection is still
greater than 30%, if applicable), he will not be recommended for award of contracts in his prevailing group.
In the case of a joint venture, if any participant is subject to the assessment on the Profitability Trend
Analysis and his average loss rate is greater than 30% (or his revised loss rate taking into account subsequent
capital injection is still greater than 30%, if applicable), the joint venture will not be recommended for
award of contracts.
18. Rectification in shortfall for share capital, employed capital and working capital for tendering
purpose follows the same methods adopted for the purpose of administration of the List.
19. A contractor must satisfy DEVB that he is financially capable in undertaking the contract. In
this regard, DEVB will take into account the financial information submitted by the contractor and any
other relevant information available to DEVB to form an opinion on his financial capability. In the event
Financial Criteria for Administration of the List and Requirements for Acceptance of a Tender Annex 2 to Appendix 2A
that special circumstances of a contractor arise which cast doubts on his financial capability, DEVB reserves
the rights to determine that the contractor fails to satisfy the financial requirements.
20. Each contractor submitting audited financial statements or management accounts and/or
tendering for contracts of whatever value will be required to submit with his accounts/tenders a statement
certified by his director or by a person authorized to sign Government contracts on the tenderer’s behalf
giving the following information:
(i) a list of current contracts held with Government and the private sector including the
Housing Authority, both as main contractor or subcontractor;
(ii) the approximate value of uncompleted works on each of the contracts at (i); and
(iii) the approximate time required to complete each of the contracts at (i).
(1) Contractors shall provide the following documents if they have not already been submitted to the
Finance Section of DEVB before:
(a) the original or copies of annual financial statements for the last three accounting years audited and
certified by certified public accountants;
(b) management accounts covering the period between the latest audited financial statements up to a
date not earlier than three months before the date of submission;
(c) a statement of gains/(losses) arising from fair value adjustments for the latest audited financial
statements;
(d) a statement giving details of significant events which occurred after the year end date of the latest
audited financial statements which would affect the company’s financial position;
(e) a statement giving details of subsequent settlement of current assets after the year end date of the
latest audited financial statements;
(f) a statement giving details of any off-balance sheet liabilities, including contingent liabilities, if
not covered in the latest audited financial statements;
(g) a statement listing current or outstanding contracts in hand with total and outstanding contract
sums, contract period and time required to complete the outstanding portion of the contract;
(h) bank letters or agreements on existing banking facilities such as term loans and overdraft; and
Copies of audited financial statements submitted under paragraph (a) shall be certified true by the directors
of the company and all documents under paragraphs (b) to (i) above shall be certified true and correct by
independent auditors or directors of the company. The sample statement format for paragraphs (c), (d), (e)
and (g) above can be downloaded from the website of DEVB.
(3) The financial statements and the management accounts shall reflect the financial position of the
company only (i.e. the accounts must not be consolidated accounts).
(4) Audited financial statements include auditor’s report, statement of financial position, statement of
comprehensive income, statement of changes in equity and statement of cash flows, and notes
comprising significant accounting policies and other explanatory information.
(5) The latest audited financial statements must be for a period ending no more than 18 months before
the submission date.
(6) For the latest audited financial statements, if the auditor has issued a disclaimer or adverse audit
opinion in the auditor’s report, the company shall be deemed as failing to submit the required
financial statements.
(7) The management accounts include at a minimum statement of financial position (or balance sheet)
and statement of comprehensive income (or profit and loss accounts) and must be in the same
layout of the audited financial statements.
(8) In the case of a joint venture, financial and supplementary statements as mentioned under
paragraph (1) above for each participant must be submitted.
IMPORTANT
Contractors are reminded that willfully and knowingly making a false statement, misrepresentation or
concealment of any information in their submissions may lead to regulating actions by DEVB and may be
considered as a criminal offence liable to prosecution by relevant authority.
Points to Note:
(a) Contractors on the List and Specialist List shall maintain an integrity management policy (“the Policy”)
to state a construction company’s commitment to integrity and anti-corruption practices, as well as their
policy in respect of key integrity issues (including solicitation, acceptance and offer of advantages,
managing conflict of interest, etc.). The Policy shall be endorsed and signed by the top management
of a contractor.
(b) The sample Policy provided at this annex is for reference. The elements in the sample shall form the
basis for contractors to devise their company rules / guidelines on integrity such as by way of issuing a
Code of Conduct. While it may not be necessary for a contractor to use the exact wording in the
sample, the standard and requirements adopted by the contractor shall be on par with, or not inferior to
that of the sample.
(c) A contractor shall ensure that the Policy is made known to all their company personnel, as well as
business counterparts (e.g. clients, main contractors, subcontractors, suppliers and consultants, etc.) by
various means such as by publicising the Policy on the company’s website, issuing letters, or
incorporating the requirements in the employment contracts, consultancy agreements or construction /
supplier contracts. A contractor shall render full assistance to law enforcement agencies in the
investigation of criminal offences.
Our Company and all personnel have to Our Company prohibits all personnel from
observe the Prevention of Bribery Ordinance disclosing any classified information without
(Cap. 201) and Competition Ordinance (Cap. authorization, and misusing any Company
619) in Hong Kong and relevant laws in other information.
jurisdictions when conducting business in the
region. Our Company has an internal reporting
mechanism for our personnel to enquire
Our Company does not allow our personnel to matters relating to integrity and report possible
solicit or accept any advantages1 from any breaches of integrity requirements. Our
individuals or organizations having business Company handles these reports promptly and
dealings with our Company unless permission in strict confidence.
is granted for the acceptance.
Our Company strictly forbids retaliation
Our Company prohibits all personnel from against any personnel who, in good faith,
offering advantages to any staff or member of reports possible breaches of integrity
a government department or public body while requirements or who participates in the inquiry
having dealing of any kind with them. We also / investigation of the allegation.
prohibit all personnel from offering advantages
to any individual of organizations, whether Any personnel in breach of integrity
directly or indirectly through a third party, for requirements will be subject to internal
influencing them in any dealing, when disciplinary action, including termination of
conducting business with our Company. appointment and / or referral to relevant law
enforcement agencies.
Our Company’s personnel are required to
avoid accepting lavish or frequent Our Company is committed to partner with
entertainment from others having business ethical business counterparts who share the
dealings with our Company. same value and commit to the same integrity
standard.
Our company requires all personnel to avoid
any conflict of interest situation, or the
perception of such. If unavoidable, the
personnel concerned should make a declaration
to the approving authority who should decide
on the actions for mitigating the conflict.
Signature(s):
1
Advantage is defined under the Prevention of Bribery Ordinance (Cap. 201) covering any gift, loan, fee, reward, commission,
office, employment contract, discharge from obligation/liability/loan, service and favour, exercise or forbearance from exercise
of right/power/duty, etc.
* delete as appropriate
本公司及公司所有人員必須遵守香港的《防 本公司禁止所有人員在未經授權下披露任
止賄賂條例》(第 201 章)及《競爭條例》(第 何機密資料,或不當使用公司資料。
619 章),在其他司法管轄區經營業務時亦須
遵守當地的相關法例。 本公司設有內部通報機制,供人員查詢有關
誠信的事宜,並舉報可能違反誠信規定的個
本公司不容許人員向與本公司有業務往來 案。本公司接獲舉報後會從速處理,而且絕
的人士或機構索取利益 1 或接受由該等人 對保密。
士或機構提供的利益。假如事先獲得批准接
受有關利益,則作別論。 本公司嚴禁向真誠地舉報可能違反誠信規
定個案的人員,或參與有關指控的研訊/調
本公司禁止所有人員在與政府部門或公共 查人員報復。
機構進行任何事務往來時,向其職員或成員
提供利益,以及禁止所有人員向任何機構的 任何違反誠信規定的人員將面對內部紀律
成員提供利益(不論是直接或經第三者間接 處分,包括終止聘用及/或轉交相關執法機
進行),意圖影響他們與本公司進行業務往 關處理。
來時的決定。
本公司致力與價值觀相同、秉持同等誠信標
本公司屬下人員必須避免接受與本公司有 準和重視商業道德的伙伴合作。
業務往來的單位所提供的奢華或頻密款待。
本公司要求所有人員避免陷入利益衝突的
情況,或被視為有利益衝突的情況。假如無
法避免,有關人員須向審批人員申報,由其
決定應採取什麼行動緩解情況。
簽署:
1 根據《防止賄賂條例》(第 201 章),利益的定義涵蓋任何饋贈、貸款、費用、報酬、佣金、職位、僱傭合約;解除義務/法律責
任/貸款;服務及優待;行使或不行使權利/權力/職責等。
* 刪去不適用的部分。
Appendix 2B Page 1 of 10
Revision Date: January 2021
Introduction
This Integrity Management System (IMS) can be used by all organizations. The purpose of
publishing the guidelines for setting up of IMS is to provide a management system framework and
recommendation of good practices to support organizations in managing integrity related issues.
DEVB is currently maintaining two lists of approved contractors for undertaking public works
contractors, i.e. the List of Approved Contractors for Public Works (“the List”) and the List of Approved
Suppliers of Materials and Specialist Contractors for Public Works (“the Specialist List”). Any contractor
who has been removed from the List (or the Specialist List) due to misconduct may apply for re-inclusion
under probation after expiry of two years from the date of removal. The contractor is required to submit a
proof of successful completion of integrity training course and establishment of an IMS with the proof of
complying with all the IMS requirements as prescribed by the DEVB. Such proof can be substantiated by
a statement of compliance Section C (i) issued by an independent auditor, recognized by the DEVB, after his/her
completion of the integrity audit exercise.
In addition, the re-included contractor is required to upkeep the operation of the IMS and provide
proof of complying with all the IMS requirements thereafter during the probation period through the integrity
audit exercise as mentioned above on a yearly basis. Failure to satisfy this requirement will render the
contractor being removed, suspended, downgraded or demoted from the List (or the Specialist List) in
accordance with the Contractor Management Handbook.
Section B describes the basic standard of conduct expected of all directors and staff of the
organization.
Section C describes the basic interpretation of some of terms and requirements mentioned in
Section A.
Appendix 2B Page 2 of 10
Revision Date: January 2021
This Section outlines the detailed requirements of an IMS. The word ‘shall’ is used to indicate mandatory
requirements.
1.1 The top management shall establish documented integrity management policy Section C (a)
for the
organization.
1.2 The organization shall ensure the policy includes a commitment to comply with applicable legal
requirements, anti-bribery, anti-fraud and anti-collusion.
1.3 The organization shall take action to ensure the defined policy is well communicated and
understood within the organization, as well as with their business partners Section C (b).
2.1 The organization shall provide integrity training to all staff within the organization.
2.2 The organization shall establish and maintain procedures to ensure that its staff are aware of the
organization’s IMS, as well as the defined Code of Conduct in Section B.
3.0 Planning for Integrity Risk Assessment and Treatment Section C (e,f)
3.1 The organization shall establish and maintain procedures for the ongoing identification, analysis,
evaluation of integrity risks, in the areas including but not limiting to:
3.1.1 Bribery
3.1.2 Compliance with Laws of Hong Kong and Other Jurisdictions
3.1.3 Conflict of interest
3.1.4 Use of company assets
3.1.5 Confidentiality of information
3.1.6 Outside Employment
3.1.7 Relationship with suppliers, contractors and customers
3.2 The organization shall establish and maintain risk treatment plans to document how the chosen
treatment options will be implemented. The information provided in the treatment plans should
include:
3.2.1 The reasons for selection of treatment options
3.2.2 Those who are responsible for implementing the plan
3.2.3 Proposed actions and contingencies
3.2.4 Resource requirements
3.2.5 Reporting and monitoring requirements
3.2.6 Timing and schedule
Appendix 2B Page 3 of 10
Revision Date: January 2021
4.1 The organization shall establish suitable documentation (i.e. policies, procedures, instructions,
forms) to support the implementation of the risk treatment plan.
4.2 The organization shall implement the defined risk treatment plans and maintain suitable records for
demonstrating its effective implementation.
5.1 The organization shall plan in both monitoring and review as part of the integrity management
process and involve regular checking or surveillance (i.e. periodic or ad hoc).
5.2 The organization shall apply suitable methods for monitoring the implementation of risk treatment
plan.
5.3 The organization shall review the performance of the implemented risk treatment plan, to ensure
that controls are effective and efficient in both design and operation.
5.5 The organization shall analyze and learn lessons from events, changes, trends, successes and
failures for obtaining further information to improve integrity management.
5.6 The organization shall timely inform the DEVB of any acts of suspected misconduct or misconduct
committed by their directors and staff.
6.1 The organization shall establish and maintain an audit programme and procedures for carrying out
periodic IMS audits, in order to:
6.1.1 Determine whether or not the IMS is implemented and maintained properly, and is effective
in meeting the requirements for the IMS.
6.1.2 Review the results of previous audits and provide information to management
7.1 The top management shall review the achievement of the policy at regular intervals for identifying
any improvement action needs. Management review records shall be maintained.
Appendix 2B Page 4 of 10
Revision Date: January 2021
This Section describes the basic standard of conduct expected of all directors1 and staff of the organization.
The guidelines given in each of the aspects are useful to help organization to understand the basic intents.
Organization shall consider them along with their business nature to determine the actual risks when
developing integrity management plans.
1.1.1 Under the Prevention of Bribery Ordinance (the Ordinance), any director or staff member who,
without the permission of his employer or principal (i.e. the Company), solicits or accepts an
advantage as a reward or inducement for doing any act or showing favour in relation to the latter’s
business, commits an offence. The person offering the advantage also commits an offence.
(The relevant provisions of Section 9 of the Ordinance and the definition of “advantage” are detailed
at Annex 1 of Appendix 2B.)
It is the Company’s policy that unless special permission from the approving authority is given,
directors and staff (hereafter referred as “personnel” should not solicit or accept any advantage for
themselves or others, from any person, company or organization having business dealings with the
Company; or from their subordinates; or when the advantage will lead to a conflict of interest of the
personnel in discharging his/her official duties. However, they may accept (but not solicit) the
following advantages when offered by these offerors on a voluntary basis:
(a) Gifts or souvenirs of nominal value for advertising or promotional purpose, or given on festive
or special occasions, subject to a maximum limit2 of $_________ in value; or
(b) discounts or other special offers given to them as customers, on terms and conditions equally
applicable to other customers in general; or
1.2.1 Gifts or souvenirs presented to personnel in official functions, by others having business dealings
with the Company, are deemed as offers to the Company which retention requires special permission
given by the approving authority.
1.2.2 A special permission mentioned paragraph 1.2.1 and 1.2.2 must be obtained using Form A (at Annex
2 of Appendix 2B) within 14 days upon the acceptance of gifts or souvenir or other advantages,
beyond which such permission is deemed as invalid.
1.2.3 However, all personnel should decline an offer of advantage if acceptance could affect his/her
objectivity in conducting the Company’s business or induce him/her to act against the interest of the
Company, or acceptance will likely lead to perception or allegation of impropriety.
1.2.4 If the personnel are required to act on behalf of a client when conducting the Company’s business,
1
For sole proprietor and partnership, please amend accordingly.
2
As a general guide, the recommended maximum limit is HK$ $250
Appendix 2B Page 5 of 10
Revision Date: January 2021
they should also comply with any additional restrictions on acceptance of advantage that may be
required by the client. For example, contractors’ employees, agents and subcontractors conducting
business in connection with public works contracts are prohibited from acceptance of advantages in
the work context.
1.3.1 All personnel are prohibited from offering advantages to any director or staff of another company or
organization, for the purpose of influencing such person or company in any dealings, or any member
or staff of a government department or public body while having business dealings with the latter,
whether directly or indirectly through a third party, when conducting the Company’s business.
1.4 Entertainment
1.4.1 As defined in Section 2 of the Ordinance, “entertainment” refers to food or drink provided for
immediate consumption on the occasion, and any other entertainment provided at the same time.
Although entertainment is an acceptable form of business and social behaviour, all personnel should
avoid accepting overly lavish or frequent entertainment from persons with whom the Company has
business dealings (e.g. suppliers or contractors) or from his/her subordinates to avoid placing
himself/herself in a position of obligation.
1.4.2 All personnel are also not allowed to offer frequent or excessive entertainment to government officers.
1.5.1 All personnel should ensure that all records, receipts, accounts or other documents they submit to the
Company, give a true representation of the events or business transactions as shown in the documents.
Intentional use of documents containing false information to deceive or mislead the Company,
regardless of whether there is any gain or advantage involved, may constitute an offence under the
Ordinance.
2.1 All personnel must comply with all local laws and regulations when conducting the Company’s
business, and also those in other jurisdictions when conducting business there.
3.1 All personnel should avoid any conflict of interest situation (i.e. situation where their private interest
conflicts with the interest of the Company) or the perception of such conflicts. Private interest
covers both pecuniary and non-pecuniary interest. They should not misuse their position or
authority in the Company to pursue their own private interests which include both financial or
personal interests and those of their family members, relatives or close personal friends. When
actual or potential conflict of interest arises, the personnel should make a declaration to the approving
authority using Form B (Annex 3 of Appendix 2B).
Appendix 2B Page 6 of 10
Revision Date: January 2021
3.2 Some common examples 3 of conflict of interest are described below but they are by no means
exhaustive:
(a) Personnel involved in a procurement exercise is closely related to or has financial interest in the
business of a supplier who is being considered for selection by the Company.
(b) Personnel involved in supervising the works of a subcontractor is the director of the subcontractor
under his supervision.
(c) One of the candidates under consideration in a recruitment or promotion exercise is a family member,
a relative or a close personal friend of the personnel involved in the process.
(d) A director of the Company has financial interest in a company whose quotation or tender is under
consideration by the Board of directors.
(e) A staff member (full-time or part-time) undertaking part-time work with a contractor whom he is
responsible for monitoring.
4.1 Personnel in charge of or having access to any Company assets, including funds, property,
information, and intellectual property, should use them solely for the purpose of conducting the
Company’s business. Unauthorized use, such as misuse for personal gain, is strictly prohibited.
3
To assist the personnel in judging whether or not a conflict of interest exists, contractors are encouraged to provide examples
of conflict of interest which are very likely to happen in their daily operation. The examples listed here are for reference by
contractors, the contractor is required to add, delete or modify the examples to suit the operational needs.
Appendix 2B Page 7 of 10
Revision Date: January 2021
7.1 Gambling
7.1.1 Directors and staff are advised not to engage in frequent gambling activities (e.g. mahjong) with
persons having business dealings with the Company.
7.2 Loans
7.2.1 Directors and staff should not accept any loan from, or through the assistance of, any individual or
organization having business dealings with the Company. There is however no restriction on
borrowing from licensed banks or financial institutions.
8.1 Any enquiries about the Company’s integrity policy / requirements, and any reports of possible
breaches of that or other company policies/rules should be made to
(please specify the name & post). All
these reports shall be handled promptly in strict confidence.
8.2 In cases of suspected corruption or other criminal offences, a report should be made to the ICAC or
the appropriate law enforcement agency / authority promptly.
8.3 It is the Company’s policy that retaliation against any personnel who, in good faith, makes the above
reports or who participates in the inquiry / investigation of the allegation is strictly forbidden.
9.0 Compliance
9.1 It is the responsibility of all personnel to understand and comply with these integrity requirements.
Supervisors should ensure that their subordinates understand and comply with this. Any personnel
in breach of these requirements will be subject to internal disciplinary action as appropriate, including
termination of appointment.
[The Company may wish to include other guidelines on the conduct required of personnel in their dealings
with suppliers, contractors, customers, and other business partners as appropriate to specific trades.]
Appendix 2B Page 8 of 10
Revision Date: January 2021
This Section describes the basic interpretation of some of terms and requirements mentioned in Section A.
This Section should be read in conjunction with Section A and Section B of this document.
(a) The integrity management policy should include a commitment to comply with applicable legal
requirements, anti-bribery (e.g. prohibition from offering, soliciting and accepting advantage), anti-
fraud (e.g. prohibition of false accounting) and anti-collusion (e.g. prohibition from participating in
tender rigging). The integrity management policy should be formally endorsed and signed by the
top management to demonstrate their determination. A sample is provided at Annex 3 of Appendix
2A.
(b) Business partners include clients, consultants, agents, subcontractors and suppliers. Organization
should also impose the integrity management policy on its consultants, agents, subcontractors and
suppliers who work on its behalf through contractual means, where practicable.
(c) The appointed member should be a senior staff delegated with adequate and necessary financial and
administrative authorities, and directly accountable to the top management.
(d) The organization should lay down a training plan or programme to meet with the training need of all
its staff including the new recruits. Also, the organization should oblige all its staff to strictly
observe the provisions and requirements set out in the IMS through their employment contacts or
other means, as appropriate.
(e) The organization should conduct integrity risk assessments with respect to its different work
procedures taking into account the nature, scale and location of its business. The work procedures
should include, among others, procurement, staff administration and project management procedures.
(f) The organization should establish a set of compliance checklists on various work procedures, taking
into account the risks identified and making reference to those ICAC Practical Guides/Pamphlets
which can be downloaded from the ICAC’s website:
http://www.hkbedc.icac.hk/english/publications/practical_guides.php
(g) The organization should put in place an internal reporting system, including a designated hotline,
which enables its staff to ask questions in relation to the IMS, and bring to notice of the management,
such as the appointed member, any potential breaches of the IMS or risky conducts in performing
their duties. Any enquiries received and follow-up actions taken by the management should be
properly recorded to facilitate future audits.
(h) The organization should lay down a disciplinary mechanism, setting out the disciplinary process and
details of follow-up actions to be taken against its staff for any non-compliance with the IMS.
(i) The organization should submit the Statement of Compliance together with an independent audit
report prepared by an independent auditor. The report should include:
- Introduction
o Background information
o Objectives
- Assessment Methodology
o Assessment approach
o Assessment checklist
- Assessment Process
o Description of the process and activities performed
- Assessment Result
- Recommendations
Appendix 2B Page 10 of 10
Revision B-7 dated 30 April 2012
Section 9 Section 2
(1) Any agent who, without lawful authority or reasonable ‘Advantage’ means :
excuse, solicits or accepts any advantage as an
(a) any gift, loan, fee, reward or commission
inducement to or reward for or otherwise on account of
consisting of money or of any valuable security or
his –
of other property or interest in property of any
(a) doing or forbearing to do, or having done or description;
forborne to do, any act in relation to his principal’s
(b) any office, employment or contract;
affairs or business; or
(c) any payment, release, discharge or liquidation of
(b) showing or forbearing to show, or having shown or
any loan, obligation or other liability, whether in
forborne to show, favour or disfavour to any person
whole or in part;
in relation to his principal’s affairs or business,
(d) any other service, or favour (other than
shall be guilty of an offence.
entertainment), including protection from any
(2) Any person, who, without lawful authority or penalty or disability incurred or apprehended or
reasonable excuse, offers any advantage to any agent as from any action or proceedings of a disciplinary,
an inducement to or reward for or otherwise on account civil or criminal nature, whether or not already
of the agent’s – instituted;
(a) doing or forbearing to do, or having done or (e) the exercise or forbearance from the exercise of
forborne to do, any act in relation to his principal’s any right or any power or duty; and
affairs or business; or
(f) any offer, undertaking or promise, whether
(b) showing or forbearing to show, or having shown or conditional or unconditional, of any advantage
forborne to show, favour or disfavour to any person within the meaning of any of the preceding
in relation to his principal’s affairs or business, paragraphs (a), (b), (c), (d) and (e),
shall be guilty of an offence. but does not include an election donation within the
(3) Any agent who, with intent to deceive his principal, meaning of the Elections (Corrupt and Illegal Conduct)
uses any receipt, account or other document – Ordinance (Cap. 554), particulars of which are included in
(a) in respect of which the principal is interested; and an election return in accordance with that Ordinance.
(b) which contains any statement which is false or
erroneous or defective in any material particular;
and
‘Entertainment’ means :
The provision of food or drink, for consumption on the
(c) which to his knowledge is intended to mislead the
occasion when it is provided, and of any other
principal,
entertainment connected with, or provided at the same time
shall be guilty of an offence. as, such provisions.
(4) If an agent solicits or accepts an advantage with the
permission of his principal, being permission which
complies with subsection (5), neither he nor the person Section 19
who offered the advantage shall be guilty of an offence In any proceedings for an offence under this Ordinance, it
under subsection (1) or (2). shall not be a defence to show that any such advantage as
(5) For the purpose of subsection (4) permission shall – is mentioned in this Ordinance is customary in any
(a) be given before the advantage is offered, solicited profession, trade, vocation or calling.
or accepted; or
(b) in any case where an advantage has been offered or
accepted without prior permission, be applied for
and given as soon as reasonably possible after such
offer or acceptance,
and for such permission to be effective for the purpose
of subsection (4), the principal shall, before giving such
permission, have regard to the circumstances in which
it is sought.
Application for Permission to Accept Gifts, Souvenirs and other Advantages Annex 2 to Appendix 2B
Description of Offeror :
Name & Title of Offeror :
Company :
Relationship :
Occasion on which the Gift / Souvenirs /
Advantages was / is to be received :
1
The contractor is required to set a schedule of approving authority commensurate to the requesting staff, e.g. Department
Head, Division Head.
Annex 2 to Appendix 2B Page 1 of 1
Revision Date: January 2021
Form B
Declaration and Management of Conflict of Interest
Part A – Declaration (To be completed by Declaring Staff )
1
To : (Approving Authority) via (supervisor of the Declaring Staff)
I would like to report the following existing actual/potential* conflict of interest situation arising
during the discharge of my official duties:-
1
The contractor is required to set out a schedule of approving authority commensurate to the requesting staff, e.g. Department
Head, Division Head.
□ You may continue to handle the work as described in Part A, but an independent officer would be
recruited / appointed* to participate in, oversee or review part or all of the decision making process
(e.g. task another officer with the required expertise to provide objective assessment on the
matter).
Details:
□ You are relieved of your duty as described in Part A entirely or partially* (e.g. prohibit from
handling the specific part/duty that you have conflict, withdraw from discussion / meeting /
decision-making on a specific issue/cause, restrict from accessing to the relevant information,
redeploy to handle other tasks while the duty described in Part A will be taken up by another staff)
Details:
Part B(ii) – The justification(s) for the measure(s) as described in Part B(i) above is/are:
(Factors of consideration including the materiality of the conflict, link between the conflict and the matter in question, and any
possible negative public perception over the conflict/incident.)
In all cases, please be reminded that you should not disclose any privileged information of the subject matter to the
person(s)/organisation(s) concerned and should further report if there are changes in circumstances necessitating
reporting. If you are allowed to continue to perform the duty, you are reminded to exercise your duty in a fair and impartial
manner.
To : (Designated Staff for keeping the completed form) via (Approving Authority)
I noted the decision in Part B. The completed form is for your retention please.
Appendix 3A Page 1 of 5
Revision Date: January 2021
18 Landscaping X Arch SD
Class I - General Landscape Work
Class II - Hydroseeding
Group I – Contracts/Sub-contracts up
to $3.8 million
Group II – Contracts/Sub-contracts of
unlimited value
Appendix 3A Page 2 of 5
Revision Date: January 2021
29 Road Marking X Hy D
Appendix 3A Page 3 of 5
Revision Date: January 2021
33 Structural Steelwork X Hy D
Note:
Appendix 3A Page 5 of 5
Revision Date: January 2021
Introduction
1. The financial criteria for administration of the List of Approved Suppliers of Materials and Specialist
Contractors for Public Works (Specialist List) and requirements for acceptance of a tender are established
by DEVB. Contractors are required to:
(i) submit the original or a certified true copy of their latest audited financial statements and in case the
contractor is also a Group C contractor on the List, the latest half-yearly management accounts;
to enable DEVB to ascertain that the applicable financial criteria and requirements are met.
2. In accordance with the Rules for Administration of the Specialist List in Section 3 of the Handbook,
a contractor applying for admission, confirmation or promotion must meet and maintain the financial criteria
applicable to his appropriate category and group. For retention on the List, a contractor is also required to
meet such financial criteria.
3. The financial information required to be submitted by the contractors for financial assessment is set
out in Notes to Annex 2 to Appendix 2A & Appendix 3B.
4. A contractor should generally possess at least a positive capital value. In addition, a contractor is
required to maintain minimum levels of paid-up share capital, employed capital and working capital
applicable to the appropriate category and group. The minimum levels of paid-up share capital, employed
capital and working capital will be periodically adjusted and are currently set as follows:
Minimum
Category Group Capital
(Note (3))
HK$
Appendix 3B Page 1 of 6
Revision Date: January 2021
Financial Criteria for Administration of the Specialist List and Requirements for Acceptance of a Tender Appendix 3B
Minimum
Category Group Capital
(Note (3))
HK$
Appendix 3B Page 2 of 6
Revision Date: January 2021
Financial Criteria for Administration of the Specialist List and Requirements for Acceptance of a Tender Appendix 3B
Minimum
Category Group Capital
(Note (3))
HK$
Note*: The contractor under this category and group is also required to have a minimum annual turnover
of HK$80 million in each of the immediate past three years.
5. If a contractor has outstanding contracts in hand, his working capital should amount to at least the
following:
(i) Contractor has either employed or 15% of the combined annual value of uncompleted
working capital under HK$5.8 million works on outstanding contracts both in the public and
private sectors including the Housing Authority or the
minimum working capital specified in paragraph 4
above, whichever is higher
(ii) Contractor has both employed and 10% of the combined annual value of uncompleted
working capital not less than works on outstanding contracts both in the public and
HK$5.8 million respectively private sectors including the Housing Authority or the
minimum working capital specified in paragraph 4
above, whichever is higher
(iii) Contractor is also a Group C contractor 8% on the first $1,120 million and 10% on the remaining
on the List combined annual value of uncompleted works on
outstanding contracts both in the public and private
sectors including the Housing Authority as required
under paragraph 4(iii) of Annex 2 to Appendix 2A or
the minimum working capital specified in paragraph 4
above, whichever is higher
Note : (1) The above revised financial criteria shall take effect on 1 March 2021. However, in order to
facilitate the existing contractors on the Specialist List to maintain their present listing status,
the existing contractors will be given a 12-months’ grace period to adjust to the above new
financial criteria. In other words, all management accounts or audited financial statements
with accounting periods ending on or after 1 March 2022 will be subject to the above new
financial criteria.
Appendix 3B Page 3 of 6
Revision Date: January 2021
Financial Criteria for Administration of the Specialist List and Requirements for Acceptance of a Tender Appendix 3B
(2) As regards applications for admission, confirmation or promotion in the Specialist List,
contractors shall meet the above new financial criteria applicable to the specific category, group
and status in question for applications made on or after 1 March 2021. Applications made
prior to 1 March 2021 shall be subject to the financial criteria applicable at the time of
application and the successful applicants shall meet the above new financial criteria before the
end of the same grace period as the existing contractors aforesaid. For the purpose of tender
evaluation, contractors in the relevant categories, groups and status of the Specialist List shall
be subject to the above revised financial criteria if the tenders are invited on or after 1 March
2021.
(3) The paid-up share capital requirement is not applicable in case of partnership and sole
proprietorship.
6. Where a contractor is listed in more than one category in the Specialist List and/or is also listed on the
List, he must maintain the minimum levels of share capital, employed capital and working capital applicable
to his category, group and status with higher employed capital requirement. The higher employed capital
requirement is determined based on the minimum level of employed capital before taking into account the
annualized outstanding works. The financial criteria for each group and status to be retained on the List are
set out in Annex 2 to Appendix 2A.
7. Shortfall in share capital and employed capital can be rectified by an increase in share capital/partners’
funds/proprietor’s funds, while shortfall in working capital can be generally rectified by the following
methods:
(iii) deferment in repayment of outstanding loan to directors or related companies by means of a deferred
loan agreement in an acceptable legal format.
Bank overdraft or similar facility can be a method to rectify the shortfall in working capital only for shortfall
relating to outstanding workload. Notwithstanding the above, other rectification methods may be accepted
subject to the satisfaction of DEVB.
8. If a contractor reported loss in the latest audited financial statements, he shall be subject to an
assessment on Profitability Trend Analysis, which is an analysis of the financial performance of a contractor
with reference to its profit or loss over the past three consecutive years. In this regard, the average loss rate
of the contractor shall not be greater than 30%.
9. The average profit/loss rate is defined as the weighted average of the net profit/loss as a percentage of
the opening balance of the shareholders’ funds or net worth over the past three years with weights of 3:2:1
(higher weight to be assigned to the more recent year). The net profit/loss and the opening balance of the
shareholders’ funds or net worth will be extracted from the audited financial statements. Subsequent capital
injection by a contractor to strengthen the shareholders’ funds or net worth will be taken into account in
determining the revised loss rate for the year under review.
10. For a newly formed company with only two years’ operations, the average profit/loss rate is defined
as the weighted average of the net profit/loss as a percentage of the opening balance of the shareholders’
funds or net worth over the past two years with weights of 3:2 (higher weight to be assigned to the more
recent year).
Appendix 3B Page 4 of 6
Revision Date: January 2021
Financial Criteria for Administration of the Specialist List and Requirements for Acceptance of a Tender Appendix 3B
11. For a newly formed company with only one or less than one year’s operation, the average loss rate is
defined as the net loss as a percentage of the shareholders’ funds or capital at the start of business.
12. Contractors are required to provide additional financial information as and when required to enable
DEVB to carry out ad hoc financial assessment.
13. DEVB will take into account the financial information submitted by the contractor and any other
relevant information available to DEVB to form an opinion on his financial capability. In the event that
special circumstances of a contractor arise which cast doubts on his financial capability, DEVB reserves the
rights to determine that the contractor fails to satisfy the financial requirements.
14. In order to be recommended for the award of a contract of whatever value in any category of work, a
contractor's share capital, employed capital and working capital, as assessed from the accounts, should
amount to at least the levels required for administration of the Specialist List. In this regard, the employed
capital and working capital requirements would be based on the latest statement of outstanding workload and
would take into account the annual value of the tender. The financial information required to be submitted
in the tendering exercise by the contractors is set out in Notes to Annex 2 to Appendix 2A & Appendix 3B.
15. In the case of a joint venture, each participant (irrespective whether on the List, the Specialist List or
not) shall be assessed on his own financial capability in taking up his share of the tender. In order to be
recommended for the award of a contract, all participants must meet the required capital levels. However,
if any of the participants cannot meet the required capital level(s) for undertaking his share but the other
participant(s) of the joint venture has met the financial criteria for undertaking such share(s) and agrees to
undertake such share(s) by signing an undertaking in the form prescribed by DEVB, the joint venture may
still be regarded as satisfying the financial requirements collectively.
16. If a contractor is subject to the assessment on the Profitability Trend Analysis and his average loss
rate is greater than 30% (or his revised loss rate taking into account subsequent capital injection is still greater
than 30%, if applicable), he will not be recommended for tender award for contracts in his prevailing group
or category. In the case of a joint venture, if any participant is subject to the assessment on the Profitability
Trend Analysis and his average loss rate is greater than 30% (or his revised loss rate taking into account
subsequent capital injection is still greater than 30%, if applicable), the joint venture will not be
recommended for award of contracts.
17. Rectification in shortfall for share capital, employed capital and working capital for tendering purpose
follows the same methods adopted for the purpose of administration of the Specialist List.
18. A contractor must satisfy DEVB that he is financially capable in undertaking the contract. In this
regard, DEVB will take into account the financial information submitted by the contractor and any other
relevant information available to DEVB to form an opinion on his financial capability. In the event that
special circumstances of a contractor arise which cast doubts on his financial capability, DEVB reserves the
rights to determine that the contractor fails to satisfy the financial requirements.
Appendix 3B Page 5 of 6
Revision Date: January 2021
Financial Criteria for Administration of the Specialist List and Requirements for Acceptance of a Tender Appendix 3B
19. Each contractor submitting audited financial statements or management accounts and/or tendering for
contracts of whatever value will be required to submit with his accounts/tenders a statement certified by his
director or by a person authorized to sign Government contracts on the tenderer’s behalf giving the following
information:
(i) a list of current contracts held with Government and the private sector including the Housing
Authority, both as main contractor or subcontractor;
(ii) the approximate value of uncompleted works on each of the contracts at (i); and
(iii) the approximate time required to complete each of the contracts at (i).
Appendix 3B Page 6 of 6
Revision Date: January 2021
General Notes
(1) The suitability of a contractor for admission (direct entry or by promotion) and confirmation to the
Specialist List is assessed mainly under six core elements, (namely experience, management, staff
employment, safety, integrity and financial capability), as well as other specific technical requirements.
Unless otherwise specified, a contractor on the Specialist List shall also ensure his continuous
compliance of the above requirements for the purpose of retention. Whereas the financial criteria are
stated in Appendix 3B, details of technical, management and other requirements are given in this
Appendix and outlined below:
- For admission (direct entry or by promotion) and confirmation, the minimum company experience
requirements for each category are stipulated in the respective pages in this Appendix.
II. Management
- The specific management criteria for each category are stipulated in the respective pages in this
Appendix. A contractor shall be removed from the Specialist List or demoted to a lower group if
he fails to comply with these requirements. In the event of any changes of the personnel in the top
management, a contractor shall inform the Managing Department immediately.
- Top management shall be the President, Chairman, Director, Managing Director, Executive
Director or General Manager etc.
- The continuous capability building requirements for top management below are applicable only to
retention :
(a) The named member(s) of the top management is/are required to participate in an average of
minimum 6 hours of capability building events per year, including minimum 1 hour safety-
related event(s) and 1 hour integrity-related event(s).
(b) Capability building events may be in the form of conferences, seminars, workshops, forums,
training courses, etc. The contractor shall declare its compliance with these sub-criteria during
renewal and submit documentary proof if requested.
Appendix 3C Page G1 of G7
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of Contractors for the Specialist List
- The specific staff employment criteria for each category are stipulated in the respective pages in
this Appendix. A contractor shall be removed from the Specialist List or demoted to a lower group
if he fails to comply with these requirements. In the event of any changes of the personnel in the
technical staff, a contractor shall inform the Managing Department immediately.
- The continuous capability building requirements for technical staff (supervisory grade) below are
only applicable to retention:
(a) The named member(s) of the technical staff (supervisory grade) is/are required to participate
in an average of minimum 6 hours of capability building events per year, including minimum
1 hour safety-related event(s) and 1 hour integrity-related event(s).
(b) Capability building events may be in the form of conferences, seminars, workshops, forums,
training courses, etc. The contractor shall declare its compliance with these sub-criteria
during renewal and submit documentary proof if requested.
IV. Safety 1
- The contractor shall employ at least one person who is qualified to be a safety supervisor in
accordance with Chapter 3, Appendix III, paragraph 6(4) of the Construction Site Safety Manual.
A contractor who is required to employ safety supervisor as specified in this Appendix shall be
removed from the Specialist List or demoted to a lower group if he fails to comply with these
requirements. In the event of any changes of the personnel in safety supervisor, a contractor shall
inform the Managing Department immediately.
- The duties of the safety supervisor shall include providing assistance to the contractor in promoting
the safety and health of its employees. Provided that the duties of the safety supervisor can be
properly discharged, the safety supervisor may work on part-time basis or take up other tasks.
- The applicant shall not be convicted of 5 or more site safety offences counted by the date of
commission and not by the date of conviction, each arising out of separate incidents in any 6-month
period in the past 12 months counting from the submission of the application. For example, if an
applicant submitted its application on 1 January 2021, the applicant shall not be convicted of 5 or
more site safety offences in each of the rolling 6-month period below:
1
Not applicable to the following six categories: (i) Prestressed Concrete Works for Highway Structures Class II – Supply of
Prestressed Concrete Units; (ii) Transparent Panels for Noise Barriers on Highways; (iii) Survey of Lifting Appliances and
Lifting Gear; (iv) Soil and Rock Testing; (v) Survey of Government Land Pressure Receivers subject to Steam and Air Pressure
(but excluding Steam Boilers) and (vi) Survey of Government Land Steam Boilers
Appendix 3C Page G2 of G7
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Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention Appendix 3C
of Contractors for the Specialist List
Rolling
1 Jan 20 to 1 Feb 20 to 1 Mar 20 to 1 Apr 20 to 1 May 20 to 1 Jun 20 to 1 Jul 20 to
6-month
30 Jun 20 31 Jul 20 31 Aug 20 30 Sep 20 31 Oct 20 30 Nov 20 31 Dec 20
Period
- A site safety offence means a conviction for any offence set out in the ordinances and their subsidiary
legislations stipulated in paragraph 2(e) of DEVB TC(W) No. 3/2009 or subsequent updates. For
overseas applicants who do not have site experience in the HKSAR, a site safety offence means a
conviction for any offence set out in the relevant occupational health and safety acts, regulations and
their subsidiary legislations in its place of incorporation or place of major business. The overseas
applicants shall provide details of such site safety offence to the Development Bureau and Managing
Department(s) for assessment.
- The applicant shall declare his compliance with this assessment sub-criteria in the application form,
and shall provide supporting documents upon request. In the event that an applicant’s no. of
convictions exceeds the above limit, the applicant shall be regarded as having satisfied with this
requirement if the applicant already holds a certificate of compliance with ISO 45001 (or equivalent)
and has completed a safety audit by external safety auditor recognized by the Development Bureau
to demonstrate its capability to deliver a relevant contract with satisfactory safety performance after
the last conviction and within one year from its application.
V. Integrity
- The applicant shall maintain an integrity management policy covering at least the contents set out
in the Sample Integrity Management Policy at Annex 3 to Appendix 2A.
- In respect of integrity training, please refer to the continuous capability building requirements in
Items II and III above.
- The applicant shall possess or set up in Hong Kong a place of business as defined in Section 2 of
the Business Registration Ordinance and submit a copy of his business registration certificate in his
application for admission (direct entry or by promotion) and confirmation to the Specialist List.
The contractor shall also maintain his business registration certification for retention.
- Other specific technical requirements such as statutory registration and certification, plant and
equipment, office / workshop facilities, etc. for each category are stipulated in the respective pages
in this Appendix.
(2) Unless otherwise specified, the revised admission, confirmation, promotion and retention requirements
in this Appendix shall take effect from 1 March 2021. When contractors submit applications for
admission, confirmation or promotion based solely on the experience of contracts (or the related main
contract for the case of which experience of subcontracts is allowed) for which tenders were invited
before 1 March 2021, the minimum contract value in the Contractor Management Handbook Revision
B-15 shall be adopted for assessing such applications. For the avoidance of doubt, the respective
applicable group limits to determine the minimum contract values referred to in the contract experience
requirement for the relevant categories and groups are as follows:
Appendix 3C Page G3 of G7
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Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention Appendix 3C
of Contractors for the Specialist List
(3) The non-Government contract for assessment of the job experience of a probationary contractor for
acquiring confirmed status under categories related to electrical and mechanical engineering and with
Arch SD as the Managing Department shall satisfy the following additional criteria:
(i) An applicant shall provide documentary evidence to prove that such contract is comparable with
the Government contract in terms of standard of works and project management practices; and
(ii) The contract shall be administered by the Architect/Surveyor/ Engineer, who shall approve building
services/electrical & mechanical equipment/materials and drawing submissions, monitor the
quality of installation works and associated testing & commissioning works, and certify satisfactory
completion of the works. For job experience outside the HKSAR, evidence as stipulated under
the “Guidance Notes for Application” shall also be provided; otherwise, it will not be considered
as a valid job reference.
(4) The plant and equipment requirements are subject to modification as technology advances and as new
plant emerges.
Appendix 3C Page G4 of G7
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Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention Appendix 3C
of Contractors for the Specialist List
Summary of Contents
Page Annex
Categories
No No
1 Air-conditioning Installation 1-1 – 1-10 1, 2
18 Landscaping
Class I - General Landscape Work 18-1 –18-3 35
Class II - Hydroseeding 18-4 – 18-6
19 Landslip Preventive/Remedial Works to Slopes/ Retaining Walls 19-1 – 19-3 18
Appendix 3C Page G5 of G7
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Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention Appendix 3C
of Contractors for the Specialist List
Page Annex
Categories
No No
21 Liquefied Petroleum Gas Installation 21-1 – 21-4 1, 20
Appendix 3C Page G6 of G7
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Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention Appendix 3C
of Contractors for the Specialist List
Page Annex
Categories
No No
38 Supply of Bituminous Pavement Materials and 38-1 – 38-5 -
Construction of Special Bituminous Surfacing
39 Survey of Government Land Pressure Receivers subject to Steam 39-1 – 39-3 1, 29
and Air Pressure (but excluding Steam Boilers)
40 Survey of Government Land Steam Boilers 40-1 – 40-3 1, 30
Appendix 3C Page G7 of G7
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Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
The scope of work in this category covers the supply, installation and maintenance of air-conditioning installations comprising chillers, refrigeration systems,
heat rejection plant, pipeworks, water handling equipment, air ducts, air handling equipment, thermal insulation, control and monitoring system, etc.
Definition of Probationary Status (Para. 7.5.3 is not applicable for this category)
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
A. Entry on Probation A. Entry on Probation
Not Applicable 1. Experience
General
(1) The applicant shall have adequate experience in the type and size of work of the
category, as stipulated under “Job Reference for Inspection” below, with satisfactory
quality of work compatible with Government standard on and in relation to air-
conditioning installations; and
(2) The applicant shall have adequate experience in contract management of work of the
category, as stipulated under “Job Reference for Inspection” below, including solely and
fully responsibility for carrying out contract management and coordination with
building contractor and other building services / electrical and mechanical contractors;
and
(3) For job experience outside the HKSAR, evidences as stipulated in the guidance notes of the
application form must also be produced to the satisfaction of the DEVB; otherwise, it will
not be considered as a valid job reference.
Job Reference for Inspection (In addition to the above, every job submitted by the applicant
shall fulfill all requirements set out below; otherwise, it will not be considered as a valid job
reference)
(4) The applicant shall submit at least 2 contracts, which were completed within the past 3
years for site inspection; and
(5) At least one of the above 2 contracts shall be completed within the past 12 months or at
final stage; and
(6) These 2 contracts shall be direct contract, which was signed between the applicant and
the employer of the concerned project; and
(7) The applicant shall be able to arrange joint site inspections for the government’s
examination of the quality and workmanship of the submitted job reference within
normal office hours; and
(8) The scope of work for each of these 2 contracts must fulfill all of the following
requirements:
(a) Contract value of the work related to the category under application for inclusion
exceeds 180% of Group I tender limit (See General Notes (2)); and
(b) The contract shall cover major scope of works as described in the “Brief Scope of
Category”; and
(c) The air-conditioning installation shall be of central type, which shall include
chiller, chilled water pipeworks, pumps, air-handling equipment, etc., and the
cooling capacity of the chillers is not less than 1000kW; and
Appendix 3C Page 1-2 of 1-10
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Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
(d) The contract shall be of a completely new building construction project or a whole
building refurbishment project.
(9) Subcontract will not be considered as valid job reference unless it can satisfy all of the
following requirements, in addition to all the above stated requirements:
(a) The subcontract shall include all the relevant work as described under the “Brief
Scope of Category” covered in the main contract; and
(b) The applicant shall have undertaken the full scope of work covered in the
subcontract, solely and fully, including contract management; and
(c) The subcontract shall be signed between the applicant and the main contractor
which is the company awarded with the direct contract by the employer of the
concerned project; and
(d) The aforementioned main contractor shall not be the air-conditioning installation
contractor for the project work; and
(e) The applicant must present documentary evidence to prove the above
requirements are met and such evidence must be substantiated by the main
contractor including a letter, which must be signed by the main contractor’s
authorized signatory to confirm that the applicant has met the above requirements
in the subcontract; and
(f) Notwithstanding the above, the Managing Department may seek references on the
applicant’s technical and managerial capabilities from the employer, the relevant
parties of the concerned project and other sources or confirmation on the
authenticity of the proof provided by the applicant from the relevant parties of the
concerned project.
2. Registration with relevant authorities in Hong Kong (such as Quality Management
System Certification, Building Authority etc.)
Statutory Registration
The applicant shall be
– a Registered Specialist Contractor in the Ventilation Sub-register under Buildings
Ordinance, Cap. 123; and
– a Registered Electrical Contractor registered under Electricity Ordinance, Cap. 406; and
have full time technical staff (meeting the relevant statutory registration requirement) of
number not less than that described in the Section “Management and Staff Employment”.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
Quality Management System Certification
Quality Management System certificates issued under the rules of the Hong Kong
Certification Body Accreditation Scheme (HKCAS) operated by the Hong Kong
Accreditation Service (HKAS); i.e. bearing the HKCAS Accreditation Mark, or Quality
Management System certificates bearing the accreditation mark of other accreditation bodies
which are considered as having an equivalent standard by the DEVB.
The scope of certification shall be relevant to the contractor list being applied for, e.g. “supply,
installation and maintenance of air-conditioning installation”.
If the scope of certification does not include “maintenance”, the manual shall have relevant
sections for maintenance work that shall include not only post contract service but also service
for separate maintenance contract.
3. Management and Staff Employment
At least one member of the top management shall have a minimum experience of 5 years, out
of which 3 years shall be local experience, in managing an electrical or mechanical
engineering services company obtained in the past eight years. Please refer to General Notes
(1), Item II in this Appendix in respect of continuous capability building requirement.
3.2 Technical Staff (See Annex 1 for definition of Staff Qualification)
3.2.1 Qualified Engineer
Employ at least 1 no. qualified engineer (Mechanical or Building Services discipline) with
adequate and relevant project management experience. Please refer to General Notes (1),
Item III in this Appendix in respect of continuous capability building requirement.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
(B) Electrician
Minimum score required 40 marks
Skilled Electrician 20 marks
Semi-skilled Electrician 15 marks
(C) Welder
Qualified Welder (QW) 1 no.
(D) Staff meeting the following statutory registration requirements
Registered Electrical Worker (REW) registered under Electricity Ordinance, Cap. 406. Grade
A2 – 2 nos. (minimum)
Licensed Plumber (LP) registered under Waterworks Ordinance, Cap. 102 – 1 no. (minimum)
The REW, LP and QW can be the Qualified Engineer, Technical Support Staff or Qualified
Worker.
4. Plant and Equipment(See General Notes (4))
Adequate modern drafting and computing facilities; minimum 2 nos. CAD terminals.
Adequate nos. of calibrated testing instruments and equipment/tools for carrying out
installation, operation, maintenance and testing/commissioning services; valid calibration
certificates for testing instruments shall be available. Refer to Annex 2 for list of typical
equipment/tools and testing instruments required.
5. Office/Workshop Facilities
Local office/workshop in HKSAR is required. Reasonably sized, suitably furnished office
and workshop/storage areas. In general, the minimum office area shall be 110 m2 and the
minimum workshop + storage area shall be 50 m2. Documentary evidence (e.g.
purchase/lease agreement) to prove right of use shall be produced.
6. Others
6.1 Safety
Please refer to General Notes (1), Item IV in this Appendix.
6.2 Integrity
Please refer to General Notes (1), Item V in this Appendix.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
B. Confirmation B. Confirmation
Not Applicable 1. Experience
(1) The applicant has satisfactorily completed, within the past 12 months, at least one relevant
contract executed in HKSAR that satisfies the criteria stipulated in General Notes (3) in this
Appendix, awarded after inclusion in the category on probation; and
(2) This contract shall be direct contract, which was signed between the applicant and the
employer of the concerned project; and
(3) The scope of work for this contract must fulfill all the following requirements:
(a) Contract value of the work related to the category under application for confirmation
exceeds Group I tender limit (See General Notes (2)); and
(b) The contract shall cover major scope of works as described in the “Brief Scope of
Category”; and
(c) The air-conditioning installation shall be of central type, which shall include chiller,
chilled water pipeworks, pumps, air-handling equipment, etc., and the cooling capacity
of the chillers is not less than 1000kW; and
(d) The contract shall be of a completely new building construction or a whole building
refurbishment; and
(e) If the contract is a term contract, all of the above requirements 3 (a) to 3 (d) shall be
fulfilled in one works order.
(4) Subcontract will not be considered as valid job reference unless it can satisfy all of the
following requirements, in addition to all the above stated requirements:
(a) The subcontract shall include all the relevant work as described under the “Brief Scope
of Category” covered in the main contract; and
(b) The applicant shall have undertaken the full scope of work covered in the subcontract,
solely and fully, including contract management; and
(c) The subcontract shall be signed between the applicant and the main contractor which is
the company awarded with the direct contract by the employer of the concerned project;
and
(d) The aforementioned main contractor shall not be the air-conditioning installation
contractor for the project work.
Apart from the above experience requirement, other criteria should be the same as that required
for “A. Entry on Probation”.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
C. Direct Entry C. Direct Entry
1. Experience Not Applicable
General
(1) The applicant shall have adequate experience in the type and size of work of the
category, as stipulated under “Job Reference for Inspection” below, with
satisfactory quality of work compatible with Government standard on and in
relation to air-conditioning installations; and
(2) The applicant shall have adequate experience in contract management of work of
the category, as stipulated under “Job Reference for Inspection” below, including
solely and fully, responsibility for carrying out contract management and,
coordination with building contractor and other building services / electrical and
mechanical contractors; and
(3) For job experience outside the HKSAR, evidences as stipulated in the guidance notes
of the application form must also be produced to the satisfaction of the DEVB;
otherwise, it will not be considered as a valid job reference.
Job Reference for Inspection (In addition to the above, every job submitted by the
applicant shall fulfill all requirements set out below; otherwise, it will not be considered
as a valid job reference)
(4) The applicant shall submit at least 2 contracts, which were completed within the
past 3 years for site inspection; and
(5) At least one of the above 2 contracts shall be completed within the past 12 months
or at final stage; and
(6) These 2 contracts shall be direct contract, which was signed between the applicant
and the employer of the concerned project; and
(7) The applicant shall be able to arrange joint site inspections for the government’s
examination of the quality and workmanship of the submitted job reference within
normal office hours; and
(8) The scope of work for each of these 2 contracts must fulfill all of the following
requirements:
(a) Contract value of the work related to the category under application for
inclusion exceeds 50% Group I tender limit (See General Notes (2)); and
(b) The contract shall cover the nature of works as described in the “Brief Scope
of Category”; and
(c) Installation of window type air-conditioners will not be considered as valid job
reference.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
(9) Subcontract will not be considered as valid job reference unless it can satisfy all of
the following requirements, in addition to all the above stated requirements:
(a) The subcontract shall include all the relevant work as described under the
“Brief Scope of Category” covered in the main contract; and
(b) The applicant shall have undertaken the full scope of work covered in the
subcontract, solely and fully, including contract management; and
(c) The subcontract shall be signed between the applicant and the main contractor
which is the company awarded with the direct contract by the employer of the
concerned project; and
(e) The applicant must present documentary evidence to prove the above
requirements are met and such evidence must be substantiated by the main
contractor including a letter, which must be signed by the main contractor’s
authorized signatory to confirm that the applicant has met the above
requirements in the subcontract; and
(f) Notwithstanding the above, the Managing Department may seek references on
the applicant’s technical and managerial capabilities from the employer, the
relevant parties of the concerned project and other sources or confirmation on
the authenticity of the proof provided by the applicant from the relevant parties
of the concerned project.
2. Registration with relevant authorities in Hong Kong (such as Quality Management
System Certification, Building Authority etc.)
Statutory Registration
The applicant shall be
– a Registered Specialist Contractor in the Ventilation Sub-register under Buildings
Ordinance, Cap. 123; and
– a Registered Electrical Contractor registered under Electricity Ordinance, Cap.
406; and
have full time technical staff (meeting the relevant statutory registration requirement) of
number not less than that described in the Section “Management and Staff Employment”.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
(B) Electrician
Minimum score required 20 marks
Skilled Electrician 20 marks
Semi-skilled Electrician 15 marks
(C) Welder
Qualified Welder (QW) 1 no.
(D) Staff meeting the following statutory registration requirements
Registered Electrical Worker (REW) registered under Electricity Ordinance, Cap. 406.
Grade A2 – 1 no. (minimum)
Licensed Plumber (LP) registered under Waterworks Ordinance, Cap. 102 – 1 no.
(minimum)
The LP, REW and QW can be Technical Support Staff or Qualified Worker.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
6. Others
6.1 Safety
Please refer to General Notes (1), Item IV in this Appendix.
6.2 Integrity
Please refer to General Notes (1), Item V in this Appendix.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
The scope of work in this category covers the supply, installation and maintenance of power amplifier, mixing amplifier, cassette tape deck, loudspeaker,
microphone etc. commonly used for public address system, intercom system, language laboratory system, simultaneous interpretation system and audio
system at different venues.
Definition of Probationary Status (Para. 7.5.3 is not applicable for this category)
Eligible for the award of a maximum of two contracts/subcontracts provided that the total value of works in this category does not exceed $5.5 million
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
(4) The applicant shall submit at least 2 contracts, which (a) The subcontract shall include all the relevant work (4) The applicant shall submit at least 2 contracts, which
were completed within the past 3 years for site as described under the “Brief Scope of Category” were completed within the past 3 years for site
inspection; and covered in the main contract; and inspection; and
(5) At least one of the above 2 contracts shall be (b) The applicant shall have undertaken the full scope (5) At least one of the above 2 contracts shall be
completed within the past 12 months or at final stage; of work covered in the subcontract, solely and completed within the past 12 months or at final stage;
and fully, including contract management; and and
(6) These 2 contracts shall be direct contract, which was (c) The party by which the applicant is awarded with (6) These 2 contracts shall be direct contract, which was
signed between the applicant and the employer of the the subcontract, and the upstream contracting signed between the applicant and the employer of the
concerned project; and parties up to and including the main contractor, concerned project; and
which is the company awarded with the direct
(7) The applicant shall be able to arrange joint site contract by the employer of the concerned project, (7) The applicant shall be able to arrange joint site
inspections for the government’s examination of the all shall not be the audio electronics installation inspections for the government’s examination of the
quality and workmanship of the submitted job contractor for the project work. quality and workmanship of the submitted job
reference within normal office hours; and reference within normal office hours; and
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
(8) The scope of work for each of these 2 contracts must Apart from the above experience requirement, other criteria (8) The scope of work for each of these 2 contracts must
fulfill all of the following requirements: should be the same as that required for “A. Entry on Probation”. fulfill all of the following requirements:
(a) Contract value of the work related to the (a) Contract value of the work related to the
category under application for inclusion category under application for inclusion
exceeds $0.3M; and exceeds $0.8M; and
(b) The contract shall cover the nature of works as (b) The contract shall cover the nature of works as
described in the “Brief Scope of Category”. described in the “Brief Scope of Category”.
(9) Subcontract will not be considered as valid job (9) Subcontract will not be considered as valid job
reference unless it can satisfy all of the following reference unless it can satisfy all of the following
requirements, in addition to all the above stated requirements, in addition to all the above stated
requirements: requirements:
(a) The subcontract shall include all the relevant (a) The subcontract shall include all the relevant
work as described under the “Brief Scope of work as described under the “Brief Scope of
Category” covered in the main contract; and Category” covered in the main contract; and
(b) The applicant shall have undertaken the full (b) The applicant shall have undertaken the full
scope of work covered in the subcontract, scope of work covered in the subcontract,
solely and fully, including contract solely and fully, including contract
management; and management; and
(c) The party by which the applicant is awarded (c) The party by which the applicant is awarded
with the subcontract, and the upstream with the subcontract, and the upstream
contracting parties up to and including the contracting parties up to and including the main
main contractor, which is the company contractor, which is the company awarded with
awarded with the direct contract by the the direct contract by the employer of the
employer of the concerned project, all shall not concerned project, all shall not be the audio
be the audio electronics installation contractor electronics installation contractor for the
for the project work; and project work; and
(d) The applicant must present documentary (d) The applicant must present documentary
evidence to prove the above requirements are evidence to prove the above requirements are
met and such evidence must be substantiated met and such evidence must be substantiated
by all the relevant upstream contracting parties by all the relevant upstream contracting parties
as mentioned at (c) above including letters as mentioned at (c) above including letters
from them, which must be signed by their from them, which must be signed by their
authorized signatories to confirm that the authorized signatories to confirm that the
applicant has met the above requirements in the applicant has met the above requirements in the
subcontract; and subcontract; and
(e) Notwithstanding the above, the Managing (e) Notwithstanding the above, the Managing
Department may seek references on the Department may seek references on the
applicant’s technical and managerial applicant’s technical and managerial
capabilities from the employer, the relevant capabilities from the employer, the relevant
parties of the concerned project and other parties of the concerned project and other
sources or confirmation on the authenticity of sources or confirmation on the authenticity of
Appendix 3C Page 2-3 of 2-5
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Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
the proof provided by the applicant from the the proof provided by the applicant from the
relevant parties of the concerned project. relevant parties of the concerned project.
2. Management and Staff Employment 2. Management and Staff Employment
2.1 Top Management (See General Notes (1), Item II) 2.1 Top Management (See General Notes (1), Item II)
At least one member of the top management shall have a At least one member of the top management shall have a
minimum experience of 5 years, out of which 3 years shall minimum experience of 5 years, out of which 3 years shall
be local experience, in managing an electrical or be local experience, in managing an electrical or
mechanical engineering services company obtained in the mechanical engineering services company obtained in the
past eight years. Please refer to General Notes (1), Item II past eight years. Please refer to General Notes (1), Item II
in this Appendix in respect of continuous capability in this Appendix in respect of continuous capability
building requirement. building requirement.
2.2 Technical Staff (See Annex 1 for definition of Staff 2.2 Technical Staff (See Annex 1 for definition of Staff
Qualification) Qualification)
2.2.1 Technical Support Staff 2.2.1 Technical Support Staff
Employ adequate nos. of technicians, site supervisors and Employ adequate nos. of technicians, site supervisors and
draftsmen with adequate and relevant academic draftsmen with adequate and relevant academic
qualification and working experience. Please refer to qualification and working experience. Please refer to
General Notes (1), Item III in this Appendix in respect of General Notes (1), Item III in this Appendix in respect of
continuous capability building requirement. continuous capability building requirement.
Electronic Equipment Mechanic (Construction Work) Electronic Equipment Mechanic (Construction Work)
Minimum score required 40 marks Minimum score required 40 marks
Skilled Electronic Equipment Mechanic 20 marks Skilled Electronic Equipment Mechanic 20 marks
(Construction Work) (Construction Work)
Semi-skilled Electronic Equipment 15 marks Semi-skilled Electronic Equipment 15 marks
Mechanic (Construction Worker) Mechanic (Construction Work)
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
3. Plant and Equipment(See General Notes (4)) 3. Plant and Equipment(See General Notes (4))
Adequate modern drafting and computing facilities; Adequate modern drafting and computing facilities;
minimum 1 no. CAD terminal. minimum 1 no. CAD terminal.
Adequate nos. of calibrated testing instruments and Adequate nos. of calibrated testing instruments and
equipment/tools for carrying out installation, operation, equipment/tools for carrying out installation, operation,
maintenance and testing/commissioning services; valid maintenance and testing/commissioning services; valid
calibration certificates for testing instruments shall be calibration certificates for testing instruments shall be
available. Refer to Annex 3 for list of typical available. Refer to Annex 3 for list of typical
equipment/tools and testing instruments required. equipment/tools and testing instruments required.
4. Office/Workshop Facilities 4. Office/Workshop Facilities
Local office/workshop in Hong Kong SAR is required. Local office/workshop in Hong Kong SAR is required.
Reasonably sized, suitably furnished office and Reasonably sized, suitably furnished office and
workshop/storage areas. In general, the minimum office workshop/storage areas. In general, the minimum office
area shall be 40 m2 and the minimum workshop + storage area shall be 40 m2 and the minimum workshop + storage
area shall be 25 m2. Documentary evidence (e.g. area shall be 25 m2. Documentary evidence (e.g.
purchase/lease agreement) to prove right of use shall be purchase/lease agreement) to prove right of use shall be
produced. produced.
5. Others 5. Others
5.1 Safety 5.1 Safety
Please refer to General Notes (1), Item IV in this Appendix. Please refer to General Notes (1), Item IV in this Appendix.
5.2 Integrity 5.2 Integrity
Please refer to General Notes (1), Item V in this Appendix. Please refer to General Notes (1), Item V in this Appendix.
5.3 Authorized Agency 5.3 Authorized Agency
Preferably be an authorized agent in HKSAR for essential Preferably be an authorized agent in HKSAR for essential
equipment. Documentary evidence such as authorized equipment. Documentary evidence such as authorized
agency agreements shall be available. agency agreements shall be available.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
The scope of work in this category covers the supply, installation and maintenance of TV/FM aerials, pre-amplifiers, broadband/channel amplifiers,
distribution amplifiers, combining units, tee-units, splitter units, signal cables and TV/FM outlets, etc. for building and amenity projects.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
1. Experience
General
(1) The applicant shall have adequate experience in the type and size of work of the category, as stipulated under “Job Reference for Inspection” below, with satisfactory quality of work
compatible with Government standard on and in relation to broadcast reception installations; and
(2) The applicant shall have adequate experience in contract management of work of the category, as stipulated under “Job Reference for Inspection” below, including solely and fully
responsibility for carrying out contract management and coordination with building contractor and other building services / electrical and mechanical contractors; and
(3) For job experience outside the HKSAR, evidences as stipulated in the guidance notes of the application form must also be produced to the satisfaction of the DEVB; otherwise, it will
not be considered as a valid job reference.
Job Reference for Inspection (In addition to the above, every job submitted by the applicant shall fulfill all requirements set out below; otherwise, it will not be considered as a valid job
reference)
(4) The applicant shall submit at least 2 contracts, which were completed within the past 3 years for site inspection; and
(5) At least one of the above 2 contracts shall be completed within the past 12 months or at final stage; and
(6) These 2 contracts shall be direct contract, which was signed between the applicant and the employer of the concerned project; and
(7) The applicant shall be able to arrange joint site inspections for the government’s examination of the quality and workmanship of the submitted job reference within normal office hours;
and
(8) The scope of work for each of these 2 contracts must fulfill all of the following requirements:
(a) Contract value of the work related to the category under application for inclusion exceeds $0.4M; and
(b) The contract shall cover major scope of works as described in the “Brief Scope of Category”.
(9) Subcontract will not be considered as valid job reference unless it can satisfy all of the following requirements, in addition to all the above stated requirements:
(a) The subcontract shall include all the relevant work as described under the “Brief Scope of Category” covered in the main contract; and
(b) The applicant shall have undertaken the full scope of work covered in the subcontract, solely and fully, including contract management; and
(c) The party by which the applicant is awarded with the subcontract, and the upstream contracting parties up to and including the main contractor, which is the company awarded
with the direct contract by the employer of the concerned project, all shall not be the broadcast reception installation contractor for the project work; and
(d) The applicant must present documentary evidence to prove the above requirements are met and such evidence must be substantiated by all the relevant upstream contracting
parties as mentioned at (c) above including letters from them, which must be signed by their authorized signatories to confirm that the applicant has met the above requirements
in the subcontract; and
(e) Notwithstanding the above, the Managing Department may seek references on the applicant’s technical and managerial capabilities from the employer, the relevant parties of the
concerned project and other sources or confirmation on the authenticity of the proof provided by the applicant from the relevant parties of the concerned project.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
2. Management and Staff Employment
Employ adequate nos. of Qualified Workers in the following trades/ trade divisions:
Electrician/ Electronics Equipment Mechanic (Construction Work)
Minimum score required 20 marks
Skilled Electrician/ Electronics 20 marks
Equipment Mechanic (Construction
Work)
Semi-skilled Electrician/ Electronics 15 marks
Equipment Mechanic (Construction
Work)
3. Plant and Equipment (See General Notes (4))
Adequate modern drafting and computing facilities, minimum 1 no. CAD terminal. Adequate nos. of calibrated testing instruments and equipment/ tools for carrying out installation, operation,
maintenance and testing/ commissioning services; valid calibration certificates for testing instruments shall be available. Refer to Annex 4 for list of typical equipment/ tools and testing
instruments required.
4. Office/Workshop Facilities
Local office/ workshop in Hong Kong SAR is required. Reasonably sized, suitably furnished office and workshop/ storage areas. In general, the minimum office area shall be 40 m2 and the
minimum workshop + storage area shall be 10 m2. Documentary evidence (e.g. purchase/lease agreement) to prove right of use shall be produced.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
5. Others
5.1 Safety
Please refer to General Notes (1), Item IV in this Appendix.
5.2 Integrity
Please refer to General Notes (1), Item V in this Appendix.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
The scope of work in this category covers the supply, installation and maintenance of central control station consisting of computer and peripherals,
communication network, UPS system, equipment console and rack, deterrent system consisting of card access control, exit control lock, duress push button,
tamper switch, detection system comprising of motion detector, magnetic door contact, glass break detector, surveillance system comprising of closed circuit
television, digital video motion detector, watchman tour system, etc. where applicable for building and amenity projects.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
1. Experience
General
(1) The applicant shall have adequate experience in the type and size of work of the category, as stipulated under “Job Reference for Inspection” below, with satisfactory quality of work
compatible with Government standard on and in relation to burglar alarm and security installations; and
(2) The applicant shall have adequate experience in contract management of work of the category, as stipulated under “Job Reference for Inspection” below, including solely and fully,
responsibility for carrying out contract management and coordination with building contractor and other building services / electrical and mechanical contractors; and
(3) For job experience outside the HKSAR, evidences as stipulated in the guidance notes of the application form must also be produced to the satisfaction of the DEVB; otherwise, it will
not be considered as a valid job reference.
Job Reference for Inspection (In addition to the above, every job submitted by the applicant shall fulfill all requirements set out below; otherwise, it will not be considered as a valid job
reference)
(4) The applicant shall submit at least 2 contracts, which were completed within the past 3 years for site inspection; and
(5) At least one of the above 2 contracts shall be completed within the past 12 months or at final stage; and
(6) These 2 contracts shall be direct contract, which was signed between the applicant and the employer of the concerned project; and
(7) The applicant shall be able to arrange joint site inspections for the government’s examination of the quality and workmanship of the submitted job reference within normal office hours;
and
(8) The scope of work for each of these 2 contracts must fulfill all of the following requirements:
(a) Contract value of the work related to the category under application for inclusion exceeds $1.6M; and
(b) The contract shall cover major scope of works as described in the “Brief Scope of Category”.
(9) Subcontract will not be considered as valid job reference unless it can satisfy all of the following requirements, in addition to all the above stated requirements:
(a) The subcontract shall include all the relevant work as described under the “Brief Scope of Category” covered in the main contract; and
(b) The applicant shall have undertaken the full scope of work covered in the subcontract, solely and fully, including contract management; and
(c) The party by which the applicant is awarded with the subcontract, and the upstream contracting parties up to and including the main contractor, which is the company awarded
with the direct contract by the employer of the concerned project, all shall not be the burglar alarm and security installation contractor for the project work; and
(d) The applicant must present documentary evidence to prove the above requirements are met and such evidence must be substantiated by all the relevant upstream contracting
parties as mentioned at (c) above including letters from them, which must be signed by their authorized signatories to confirm that the applicant has met the above requirements
in the subcontract; and
(e) Notwithstanding the above, the Managing Department may seek references on the applicant’s technical and managerial capabilities from the employer, the relevant parties of the
concerned project and other sources or confirmation on the authenticity of the proof provided by the applicant from the relevant parties of the concerned project.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
2. Registration with relevant authorities in Hong Kong (such as Quality Management System Certification, Building Authority etc.)
Statutory Registration
The applicant shall be a Licensed Security Company engaged in Type III Security Work under Security and Guarding Services Ordinance, Cap. 460 and have full time technical staff (meeting
the relevant statutory registration requirement) of number not less than that described in the Section “Management and Staff Employment”.
At least one member of the top management shall have a minimum experience of 5 years, out of which 3 years shall be local experience, in managing an electrical or mechanical engineering
services company obtained in the past eight years. Please refer to General Notes (1), Item II in this Appendix in respect of continuous capability building requirement.
Employ at least 1 no. qualified engineer (Electronics, Building Services or Electrical discipline) with adequate and relevant professional and project management experience. This requirement
may be waived with the applicant having adequate nos. of degree holder technicians stated below. Please refer to General Notes (1), Item III in this Appendix in respect of continuous
capability building requirement.
Employ adequate nos. of technicians, site supervisors and draftsmen with adequate and relevant academic qualification and working experience. Please refer to General Notes (1), Item III
in this Appendix in respect of continuous capability building requirement.
Employ adequate nos. of Qualified Workers in the following trades/ trade divisions:
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
Security Personnel (SP) holding Security Personnel Permit (Cat. D) issued under Security and Guarding Services Ordinance, Cap 460 – 2 nos. (minimum)
The SP can be the Qualified Engineer, Technical Support Staff or Qualified Worker.
Adequate modern drafting and computing facilities; minimum 1 no. CAD terminal. Adequate nos. of calibrated testing instruments and equipment/ tools for carrying out installation,
operation, maintenance and testing/ commissioning services; valid calibration certificates for testing instruments shall be available. Refer to Annex 5 for list of typical equipment/ tools and
testing instruments required.
5. Office/Workshop Facilities
Local office/ workshop in Hong Kong SAR is required. Reasonably sized, suitably furnished office and workshop/ storage areas. In general, the minimum office area shall be 40 m2 and the
minimum workshop + storage area shall be 10 m2. Documentary evidence (e.g. purchase/ lease agreement) to prove right of use shall be produced.
6. Others
6.1 Safety
6.2 Integrity
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
The scope of work in this category covers the supply, installation and maintenance of full range of electrical and gas cooking equipment, sinks and fixtures,
exhaust hood, steam and hot water equipment, refrigeration and food storage facilities, etc. for use in commercial kitchen, restaurant and canteen in buildings
and associated serving area, including cooker, cooking range, food warmer, steamer, fryer, hot plate, oven, water heater, sink, hot cabinet, freezer, food rack,
kitchen work-top, water wash hood, gas water heater connected to mechanical exhaust system etc.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
1. Experience
General
(1) The applicant shall have adequate experience in the type and size of work of the category, as stipulated under “Job Reference for Inspection” below, with satisfactory quality of work
compatible with Government standard on and in relation to catering equipment installations; and
(2) The applicant shall have adequate experience in contract management of work of the category, as stipulated under “Job Reference for Inspection” below, including solely and fully,
responsibility for carrying out contract management and coordination with building contractor and other building services / electrical and mechanical contractors; and
(3) For job experience outside the HKSAR, evidences as stipulated in the guidance notes of the application form must also be produced to the satisfaction of the DEVB; otherwise, it will
not be considered as a valid job reference.
Job Reference for Inspection (In addition to the above, every job submitted by the applicant shall fulfill all requirements set out below; otherwise, it will not be considered as a valid job
reference)
(4) The applicant shall submit at least 2 contracts, which were completed within the past 3 years for site inspection; and
(5) At least one of the above 2 contracts shall be completed within the past 12 months or at final stage; and
(6) These 2 contracts shall be direct contract, which was signed between the applicant and the employer of the concerned project; and
(7) All statutory submissions to Gas Authority and statutory forms such as the Work Completion (Part of an Installation) Certificate (i.e. Form WR1 (A)) shall be issued under the name
of the applicant; and
(8) The applicant shall be able to arrange joint site inspections for the government’s examination of the quality and workmanship of the submitted job reference within normal office hours;
and
(9) The scope of work for each of these 2 contracts must fulfill all of the following requirements:
(a) Contract value of the work related to the category under application for inclusion exceeds $1.6M; and
(b) The contract shall cover major catering equipment installation related to the category; and
(c) The contract shall be for new building project or for a completely renovated commercial kitchen in restaurant, canteen, etc. Partial renovation or fitting-out works in an existing
commercial kitchen are not acceptable.
(10) Subcontract will not be considered as valid job reference unless it can satisfy all of the following requirements, in addition to all the above stated requirements:
(a) The subcontract shall include all the relevant work as described under the “Brief Scope of Category” covered in the main contract; and
(b) The applicant shall have undertaken the full scope of work covered in the subcontract, solely and fully, including contract management; and
(c) The party by which the applicant is awarded with the subcontract, and the upstream contracting parties up to and including the main contractor, which is the company awarded
with the direct contract by the employer of the concerned project, all shall not be the catering equipment installation contractor for the project work; and
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
(d) The applicant must present documentary evidence to prove the above requirements are met and such evidence must be substantiated by all the relevant upstream contracting
parties as mentioned at (c) above including letters from them, which must be signed by their authorized signatories to confirm that the applicant has met the above requirements
in the subcontract; and
(e) Notwithstanding the above, the Managing Department may seek references on the applicant’s technical and managerial capabilities from the employer, the relevant parties of the
concerned project and other sources or confirmation on the authenticity of the proof provided by the applicant from the relevant parties of the concerned project.
2. Registration with relevant authorities in Hong Kong (such as Quality Management System Certification, Building Authority etc.)
Statutory Registration
The applicant shall be
– a Registered Gas Contractor registered under Gas Safety Ordinance, Cap. 51; and
– a Registered Electrical Contractor registered under Electricity Ordinance, Cap. 406; and
have full time technical staff (meeting the relevant statutory registration requirement) of number not less than that described in the Section “Management and Staff Employment”.
3. Management and Staff Employment
3.1 Top Management (See General Notes (1), Item II)
At least one member of the top management shall have a minimum experience of 5 years, out of which 3 years shall be local experience, in managing an electrical or mechanical engineering
services company obtained in the past eight years. Please refer to General Notes (1), Item II in this Appendix in respect of continuous capability building requirement.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
Local office/ workshop in Hong Kong SAR is required. Reasonably sized, suitably furnished office and workshop/ storage areas. In general, the minimum office area shall be 40 m2 and the
minimum workshop + storage area shall be 10 m2. Documentary evidence (e.g. purchase/ lease agreement) to prove right of use shall be produced.
6. Others
6.1 Safety
Please refer to General Notes (1), Item IV in this Appendix.
6.2 Integrity
Please refer to General Notes (1), Item V in this Appendix.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Works Category : 6. Design, Manufacture and Installation of Glass (or Fibre) Reinforced Plastic Units Specialist Contractor
for Highway Structures
The scope of work in this category covers the design, manufacture and installation of glass reinforced plastic units or plastic units reinforced with other fibre
for highway structures works.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
1. Job Experience
Satisfactory completion of at least 3 projects in the design, manufacture and installation of glass (or fibre) reinforced plastic products in highway structures in the past 3 years, each
with a value of $ 0.3 M or more. References on these projects from consulting engineers (architects or clients if there is no consulting engineer) must be submitted which may be
verified by paying site visits.
2. Registration with relevant authorities in Hong Kong (such as Quality Management System Certification, Building Authority etc.)
Not Applicable
All the named technical staff shall be under full time employment. Proof of valid employment, e.g., employment contracts, MPF records, etc. shall be submitted. Please refer to
General Notes (1), Item III in this Appendix in respect of continuous capability building requirement.
5. Office/Workshop Facilities
Local office in Hong Kong is required. The applicant must possess a factory with equipment listed above and adequate testing and quality control facilities.
6. Training Facilities
Not Applicable
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
7. Others
7.1 Safety: Please refer to General Notes (1), Item IV in this Appendix.
7.2 Integrity: Please refer to General Notes (1), Item V in this Appendix.
7.3 Acceptable design, manufacturing and installation procedures and fully documented quality assurance system. Raw materials used must comply with relevant British Standards
or other equivalent national standards. A certificate from an approved laboratory to confirm that the materials used meet the requirements stipulated in BS 2782 & BS 4549.
7.4 Applicants will be required to complete a standard questionnaire entitled “Questionnaire for Application for Inclusion in the List / Pre-application vetting” (Questionnaire) and
submit/ supplement all the necessary supporting documents in the application for inclusion into the category. In completing the questionnaire, reference can be made to the
“Guidelines for Applicants in Completing the Questionnaire for Application for Inclusion in the List / Pre-application vetting” (Guidelines). The Questionnaire and the
Guidelines can be obtained from the website, http://www.hyd.gov.hk/en/public_forms/index.html.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
The scope of work in this category covers the supply, installation and maintenance of diesel generator and associated installations such as fuel tank,
switchboard, cable, earthing etc.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
C. Direct Entry
1. Experience
General
(1) The applicant shall have adequate experience in the type and size of work of the category, as stipulated under “Job Reference for Inspection” below, with satisfactory quality of work
compatible with Government standard on and in relation to diesel generator installations; and
(2) The applicant shall have adequate experience in contract management of work of the category, as stipulated under “Job Reference for Inspection” below, including solely and fully,
responsibility for carrying out contract management and coordination with building contractor and other building services / electrical and mechanical contractors; and
(3) For job experience outside the HKSAR, evidences as stipulated in the guidance notes of the application form must also be produced to the satisfaction of the DEVB; otherwise, it will
not be considered as a valid job reference.
Job Reference for Inspection (In addition to the above, every job submitted by the applicant shall fulfill all requirements set out below; otherwise, it will not be considered as a valid job
reference)
(4) The applicant shall submit at least 2 contracts, which were completed within the past 3 years for site inspection; and
(5) At least one of the above 2 contracts shall be completed within the past 12 months or at final stage; and
(6) These 2 contracts shall be direct contract, which was signed between the applicant and the employer of the concerned project; and
(7) All statutory forms such as the Work Completion (Part of an Installation) Certificate (i.e. Form WR1 (A)) shall be issued under the name of the applicant; and
(8) The applicant shall be able to arrange joint site inspections for the government’s examination of the quality and workmanship of the submitted job reference within normal office hours;
and
(9) The scope of work for each of these 2 contracts must fulfill all of the following requirements:
(a) The contract shall cover the scope of works as described in the “Brief Scope of Category”; and
(b) The rating of the diesel generator of the job reference shall be 300kVA or higher.
(10) Subcontract will not be considered as valid job reference unless it can satisfy all of the following requirements, in addition to all the above stated requirements:
(a) The subcontract shall include all the relevant work as described under the “Brief Scope of Category” covered in the main contract; and
(b) The applicant shall have undertaken the full scope of work covered in the subcontract, solely and fully, including contract management; and
(c) The party by which the applicant is awarded with the subcontract, and the upstream contracting parties up to and including the main contractor, which is the company awarded
with the direct contract by the employer of the concerned project, all shall not be the diesel generator installation contractor for the project work; and
(d) The applicant must present documentary evidence to prove the above requirements are met and such evidence must be substantiated by all the relevant upstream contracting
parties as mentioned at (c) above including letters from them, which must be signed by their authorized signatories to confirm that the applicant has met the above requirements
in the subcontract; and
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
C. Direct Entry
(e) Notwithstanding the above, the Managing Department may seek references on the applicant’s technical and managerial capabilities from the employer, the relevant parties of the
concerned project and other sources or confirmation on the authenticity of the proof provided by the applicant from the relevant parties of the concerned project.
2. Registration with relevant authorities in Hong Kong (such as Quality Management System Certification, Building Authority etc.)
Statutory Registration
The applicant shall be a Registered Electrical Contractor registered under Electricity Ordinance, Cap. 406 and have full time technical staff (meeting the relevant statutory registration
requirement) of number not less than that described in the Section “Management and Staff Employment”.
3. Management and Staff Employment
3.1 Top Management (See General Notes (1), Item II)
At least one member of the top management shall have a minimum experience of 5 years, out of which 3 years shall be local experience, in managing an electrical or mechanical engineering
services company obtained in the past eight years. Please refer to General Notes (1), Item II in this Appendix in respect of continuous capability building requirement.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
C. Direct Entry
(B) Electrician
Local office/ workshop in Hong Kong SAR is required. Reasonably sized, suitably furnished office and workshop /storage areas. In general, the minimum office area shall be 40 m2 and the
minimum workshop + storage area shall be 40 m2. Documentary evidence (e.g. purchase/ lease agreement) to prove right of use shall be produced.
6. Others
6.1 Safety
Please refer to General Notes (1), Item IV in this Appendix.
6.2 Integrity
Please refer to General Notes (1), Item V in this Appendix.
6.3 Authorized Agency
Preferably being an authorized agent in HKSAR for essential equipment. Documentary evidence such as authorized agency agreements shall be available.
6.4 Support from Principal
Technical support from principal(s) of relevant agency is desirable. Applicant to demonstrate scope and extent (such as design, backup on installation / maintenance etc.) of support.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Works Category : 8. Electrical and Mechanical Installation for Sewage Treatment and Screening Plant Specialist Contractor
The scope of work in this category covers design, supply, installation and maintenance of the following facilities:
(i) Electrical and mechanical equipment for sewage (including stormwater) pumping stations;
(ii) Electrical and mechanical equipment for screening plant and small package treatment plant (i.e. the design average dry weather flow of not more than
500m3/day is considered as a small package treatment plant);
(iii) Electrical and mechanical equipment for sewage treatment plants, which are considered to have included the nature of work as depicted in items (i)
and (ii) above.
Definition of Probationary Status (Para. 7.5.3 is not applicable for this category)
Eligible for the award of a maximum of two contracts/subcontracts provided that the total value of works in this category does not exceed $55 million
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
General (1) The applicant has satisfactorily completed, within the General
past 12 months, at least one relevant contract executed in
(1) The applicant shall have adequate experience in the HKSAR that satisfies the criteria stipulated in General (1) The applicant shall have adequate experience in the
type and size of work of the category, as stipulated Notes (3) in this Appendix, awarded after inclusion in the type and size of work of the category, as stipulated
under “Job Reference for Inspection” below, with category on probation; and under “Job Reference for Inspection” below, with
satisfactory quality of work compatible with satisfactory quality of work compatible with
Government standard on and in relation to electrical (2) This contract shall be direct contract, which was signed Government standard on and in relation to electrical
and mechanical installations for sewage treatment between the applicant and the employer of the concerned and mechanical installations for sewage treatment
and screening plant; and project; and and screening plant; and
(2) The applicant shall have adequate experience in (3) All statutory forms such as the Work Completion (Part of (2) The applicant shall have adequate experience in
contract management of work of the category, as an Installation) Certificate (i.e. Form WR1 (A)) shall be contract management of work of the category, as
stipulated under “Job Reference for Inspection” issued under the name of the applicant; and stipulated under “Job Reference for Inspection”
below, including solely and fully, responsibility for below, including solely and fully, responsibility for
carrying out contract management and coordination (4) The scope of work for this contract must fulfill the carrying out contract management and coordination
with building contractor and other building services / following requirements: with building contractor and other building services /
electrical and mechanical contractors; and electrical and mechanical contractors; and
(a) (i) Value of the contract which covers a single
(3) For job experience outside the HKSAR, evidences as station, plant or treatment works of the respective (3) For job experience outside the HKSAR, evidences as
stipulated in the guidance notes of the application scope under application for confirmation exceeds stipulated in the guidance notes of the application
form must also be produced to the satisfaction of the $8M; or form must also be produced to the satisfaction of the
DEVB; otherwise, it will not be considered as a valid DEVB; otherwise, it will not be considered as a valid
job reference. (ii) If multiple stations, plants or treatment works job reference.
are included in the contract, only the station, plant
Job Reference for Inspection (In addition to the above, or treatment works each with contract value Job Reference for Inspection (In addition to the above,
every job submitted by the applicant shall fulfill all exceeding $8M will be considered; and every job submitted by the applicant shall fulfill all
requirements set out below; otherwise, it will not be requirements set out below; otherwise, it will not be
considered as a valid job reference) (b) The contract shall cover major scope of works as considered as a valid job reference)
described in the “Brief Scope of Category”.
(4) The applicant shall submit at least 2 contracts, which Relevant restrictions, in pursuant to item (i) or/and (4) The applicant shall submit at least 2 contracts, which
were completed within the past 3 years for site (ii) of the “Brief Scope of Category” will be were completed within the past 3 years for site
inspection; and applied if applicable; inspection; and
(5) At least one of the above 2 contracts shall be (c) If the contract is a term contract, all of the above (5) At least one of the above 2 contracts shall be
completed within the past 12 months or at final stage; requirements 4 (a)(i) or (ii) and 4 (b) shall be completed within the past 12 months or at final stage;
and fulfilled in one works order. and
(6) These 2 contracts shall be direct contract, which was (5) Subcontract will not be considered as valid job reference (6) These 2 contracts shall be direct contract, which was
signed between the applicant and the employer of the unless it can satisfy all of the following requirements, in signed between the applicant and the employer of the
concerned project; and addition to all the above stated requirements: concerned project; and
(7) All statutory forms such as the Work Completion (a) The subcontract shall include all the relevant work (7) All statutory forms such as the Work Completion
(Part of an Installation) Certificate (i.e. Form WR1 as described under the “Brief Scope of Category” (Part of an Installation) Certificate (i.e. Form WR1
(A)) shall be issued under the name of the applicant; item (i), (ii) or (iii) covered in the main contract; (A)) shall be issued under the name of the applicant;
and and and
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
(8) The applicant shall be able to arrange joint site (b) The applicant shall have undertaken the full scope (8) The applicant shall be able to arrange joint site
inspections for the government’s examination of the of work covered in the subcontract, solely and inspections for the government’s examination of the
quality and workmanship of the submitted job fully, including contract management; and quality and workmanship of the submitted job
reference within normal office hours; and reference within normal office hours; and
(c) The subcontract shall be signed between the
(9) The scope of work for each of these 2 contracts must applicant and the main contractor which is the (9) The scope of work for each of these 2 contracts must
fulfill all of the following requirements: company awarded with the direct contract by the fulfill all of the following requirements:
employer of the concerned project.
(a) (i) Value of the contract which covers a single (a) (i) Value of the contract which covers a single
station, plant or treatment works of the Apart from the above experience requirement, other criteria station, plant or treatment works of the
category scope under application for inclusion should be the same as that required for “A. Entry on Probation”. respective scope under application for
exceeds $8M; or inclusion exceeds $16M; or
(ii) If multiple stations, plants or treatment (ii) If multiple stations, plants or treatment
works are included in the contract, only the works are included in the contract, only the
station, plant or treatment works each with station, plant or treatment works of the
contract value exceeding $8M will be respective scope each exceeding $16M will be
considered; and considered; and
(b) The contract shall cover major scope of works (b) The contract shall cover major scope of works
as described in the “Brief Scope of Category”. as described in the “Brief Scope of Category”.
For application for inclusion into the category Relevant restrictions, in pursuant to items (i)
with restriction to works for item (i) or/and (ii) or/and (ii) of the “Brief Scope of Category”
in the “Brief Scope of Category”, submitted will be applied if applicable.
contracts shall cover respective major scope of
works accordingly.
(10) Subcontract will not be considered as valid job (10) Subcontract will not be considered as valid job
reference unless it can satisfy all of the following reference unless it can satisfy all of the following
requirements, in addition to all the above stated requirements, in addition to all the above stated
requirements: requirements:
(a) The subcontract shall include all the relevant (a) The subcontract shall include all the relevant
work as described under the “Brief Scope of work as described under the “Brief Scope of
Category” item (i), (ii) or (iii) covered in the Category” item (i), (ii) or (iii) covered in the
main contract; and main contract; and
(b) The applicant shall have undertaken the full (b) The applicant shall have undertaken the full
scope of work covered in the subcontract, scope of work covered in the subcontract,
solely and fully, including contract solely and fully, including contract
management; and management; and
(c) The subcontract shall be signed between the (c) The subcontract shall be signed between the
applicant and the main contractor which is the applicant and the main contractor which is the
company awarded with the direct contract by company awarded with the direct contract by
the employer of the concerned project; and the employer of the concerned project; and
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
At least one member of the top management shall have a 3.1 Top Management (See General Notes (1), Item II)
minimum experience of 5 years, out of which 3 years shall
be local experience, in managing an electrical or At least one member of the top management shall have a
mechanical engineering services company obtained in the minimum experience of 5 years, out of which 3 years shall
past eight years. Please refer to General Notes (1), Item II be local experience, in managing an electrical or
in this Appendix in respect of continuous capability mechanical engineering services company obtained in the
building requirement. past eight years. Please refer to General Notes (1), Item II
in this Appendix in respect of continuous capability
building requirement.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
3.2 Technical Staff (See Annex 1 for definition of Staff 3.2 Technical Staff (See Annex 1 for definition of Staff
Qualification) Qualification)
3.2.1 Qualified Engineer 3.2.1 Qualified Engineer
Employ at least 1 no. qualified engineer (Mechanical or Employ at least 1 no. qualified engineer (Mechanical or
Electrical discipline) with adequate and relevant project Electrical discipline) with adequate and relevant project
management experience. Please refer to General Notes (1), management experience. Please refer to General Notes (1),
Item III in this Appendix in respect of continuous capability Item III in this Appendix in respect of continuous capability
building requirement. building requirement.
3.2.2 Technical Support Staff 3.2.2 Technical Support Staff
Employ adequate nos. of technicians, site supervisors and Employ adequate nos. of technicians, site supervisors and
draftsmen with adequate and relevant academic draftsmen with adequate and relevant academic
qualification and working experience. Please refer to qualification and working experience. Please refer to
General Notes (1), Item III in this Appendix in respect of General Notes (1), Item III in this Appendix in respect of
continuous capability building requirement. continuous capability building requirement.
Employ adequate nos. of Qualified Workers in the Employ adequate nos. of Qualified Worker in the following
following trades/ trade divisions: trades/ trade divisions:
(A) Mechanical Fitter (A) Mechanical Fitter
Minimum score required 30 marks Minimum score required 30 marks
Skilled Mechanical Fitter 20 marks Skilled Mechanical Fitter 20 marks
Semi-skilled Mechanical Fitter 15 marks Semi-skilled Mechanical Fitter 15 marks
(B) Electrician (B) Electrician
Minimum score required 30 marks Minimum score required 30 marks
Skilled Electrician 20 marks Skilled Electrician 20 marks
Semi-skilled Electrician 15 marks Semi-skilled Electrician 15 marks
(C) Welder (C) Welder
Qualified Welder (QW) 1 no. Qualified Welder (QW) 1 no.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
(D) Staff meeting the following statutory registration (D) Staff meeting the following statutory registration
requirements: requirements:
– Registered Electrical Worker (REW) registered – Registered Electrical Worker (REW) registered
under Electricity Ordinance, Cap. 406. Grade B0 – under Electricity Ordinance, Cap. 406. Grade B0 – 1
1 no. (minimum) no. (minimum)
– A Competent Person (CP) appointed under the – A Competent Person (CP) appointed under the
Factory & Industrial Undertakings (Confined Factory & Industrial Undertakings (Confined
Spaces) Regulations, Cap. 59 as Personnel for Spaces) Regulations, Cap. 59 as Personnel for
working in confined spaces – 1 no. (minimum) working in confined spaces – 1 no. (minimum)
– Certified Worker (CW) appointed under the Factory – Certified Worker (CW) appointed under the Factory
& Industrial Undertakings (Confined Spaces) & Industrial Undertakings (Confined Spaces)
Regulations, Cap. 59 as Personnel for working in Regulations, Cap. 59 as Personnel for working in
confined spaces – 2 nos. (minimum) confined spaces – 2 nos. (minimum)
The CP, CW, REW and QW can be the Qualified Engineer, The CP, CW, REW and QW can be the Qualified Engineer,
Technical Support Staff or Qualified Worker. Technical Support Staff or Qualified Worker.
4. Plant and Equipment (See General Notes (4)) 4. Plant and Equipment (See General Notes (4))
Adequate modern drafting and computing facilities, Adequate modern drafting and computing facilities,
minimum 1 no. CAD terminal. Adequate nos. of calibrated minimum 1 no. CAD terminal. Adequate nos. of calibrated
testing instruments and equipment/ tools for carrying out testing instruments and equipment/ tools for carrying out
installation, operation, maintenance and testing/ installation, operation, maintenance and testing/
commissioning services; valid calibration certificates for commissioning services; valid calibration certificates for
testing instruments shall be available. Refer Annex 8 for testing instruments shall be available. Refer to Annex 8 for
list of typical equipment/tools and testing instruments list of typical equipment/ tools and testing instruments
required. required.
5. Office/Workshop Facilities 5. Office/Workshop Facilities
Local office/ workshop in Hong Kong SAR is required. Local office/ workshop in Hong Kong SAR is required.
Reasonably sized, suitably furnished office and workshop/ Reasonably sized, suitably furnished office and workshop/
storage areas. In general, the minimum office area shall be storage areas. In general, the minimum office area shall be
80 m2 and the minimum workshop + storage area shall be 80 m2 and the minimum workshop + storage area shall be
70 m2. Documentary evidence (e.g. purchase/lease 70 m2. Documentary evidence (e.g. purchase/lease
agreement) to prove right of use shall be produced. agreement) to prove right of use shall be produced.
6. Others 6. Others
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
The scope of work in this category covers the supply, installation and maintenance of low voltage electrical installation comprising incoming electricity
supply, main and sub-main distribution system, final circuits, power points, lighting points, lighting fittings, electrical appliances, lightning protection, earthing
system, etc. for building and amenity projects.
Definition of Probationary Status (Para. 7.5.3 is not applicable for this category)
Probation to Group III: Eligible for the award of any number of Group I and Group II contracts/subcontracts; and a maximum of two Group III
contracts/subcontracts provided that the total value of Group III work does not exceed $40 million
@
Not applicable for new application for admission. (Only applicable for existing Group II probationary contractor)
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
General
(1) The applicant shall have adequate experience in the
type and size of work of the category, as stipulated
under “Job Reference for Inspection” below, with
satisfactory quality of work compatible with
Government standard on and in relation to electrical
installations; and
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
5. Office/Workshop Facilities
Local office/ workshop in Hong Kong SAR is required.
Reasonably sized, suitably furnished office and workshop/
storage areas. In general, the minimum office area shall be
100 m2 and the minimum workshop + storage area shall be
25 m2. Documentary evidence (e.g. purchase/ lease
agreement) to prove right of use shall be produced.
6. Others
6.1 Safety
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Not Applicable The following shall only be applicable to existing Group II 1. Experience
probationary contractor:
(1) The applicant has satisfactorily completed, within the
1. Experience past 12 months, at least one relevant contract executed in
HKSAR that satisfies the criteria stipulated in General
(1) The applicant has satisfactorily completed, within the Notes (3) in this Appendix, awarded after inclusion in the
past 12 months, at least one relevant contract executed in category on probation; and
HKSAR that satisfies the criteria stipulated in General
Notes (3) in this Appendix, awarded after inclusion in the (2) This contract shall be direct contract, which was signed
category on probation; and between the applicant and the employer of the concerned
project; and
(2) This contract shall be direct contract, which was signed
between the applicant and the employer of the concerned (3) All statutory forms such as the Work Completion
project; and Certificate (i.e. Form WR1) shall be issued under the
name of the applicant; and
(3) All statutory forms such as the Work Completion
Certificate (i.e. Form WR1) shall be issued under the (4) The scope of work for this contract must fulfill all the
name of the applicant; and following requirements:
(4) The scope of work for this contract must fulfill all the (a) Contract value of the work related to the category
following requirements: under application for confirmation exceeds Group
II tender limit (See General Notes (2)); and
(a) Contract value of the work related to the category
under application for confirmation exceeds Group (b) The main incoming switchgear shall have rating of
I tender limit (See General Notes (2)); and not less than 2500A or 1500 kVA; and
(b) The main incoming switchgear shall have rating of (c) The contract shall cover the entire electrical
not less than 800A; and installation from the main incoming switchgear to
the final circuits, comprising co-ordination with
(c) The contract shall cover the entire electrical building contractor and other building services /
installation from the main incoming switchgear to electrical and mechanical contractors; and
the final circuits, comprising co-ordination with
building contractor and other building services / (d) The contract shall be of a completely new building
electrical and mechanical contractors; and construction or a whole building refurbishment;
and
(d) The contract shall be of a completely new building
construction or a whole building refurbishment; (e) The contract shall not be work for residential
and development or engineering plant building; and
(e) If the contract is a term contract, all of the above (f) If the contract is a term contract, all of the above
requirements 4 (a) to 4 (d) shall be fulfilled in one requirements 4 (a) to 4 (e) shall be fulfilled in one
works order. works order.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
(5) Subcontract will not be considered as valid job reference (5) Subcontract will not be considered as valid job reference
unless it can satisfy all of the following requirements, in unless it can satisfy all of the following requirements, in
addition to all the above stated requirements: addition to all the above stated requirements:
(a) The subcontract shall include all the relevant work (a) The subcontract shall include all the relevant work
as described under the “Brief Scope of Category” as described under the “Brief Scope of Category”
covered in the main contract; and covered in the main contract; and
(b) The applicant shall have undertaken the full scope (b) The applicant shall have undertaken the full scope
of work covered in the subcontract, solely and of work covered in the subcontract, solely and
fully, including contract management; and fully, including contract management; and
(c) The subcontract shall be signed between the (c) The subcontract shall be signed between the
applicant and the main contractor which is the applicant and the main contractor which is the
company awarded with the direct contract by the company awarded with the direct contract by the
employer of the concerned project; and employer of the concerned project; and
(d) The aforementioned main contractor shall not be (d) The aforementioned main contractor shall not be
the electrical installation contractor for the project the electrical installation contractor for the project
work. work.
Apart from the above experience requirement, other criteria Apart from the above experience requirement, other criteria
should be the same as that required for “C. Direct Entry”. should be the same as that required for “A. Entry on Probation”.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
(1) The applicant shall have adequate experience in the (1) The applicant shall have adequate experience in the
type and size of work of the category, as stipulated type and size of work of the category, as stipulated
under “Job Reference for Inspection” below, with under “Job Reference for Inspection” below, with
satisfactory quality of work compatible with satisfactory quality of work compatible with
Government standard on and in relation to electrical Government standard on and in relation to electrical
installations; and installations; and
(2) The applicant shall have adequate experience in (2) The applicant shall have adequate experience in
contract management of work of the category, as contract management of work of the category, as
stipulated under “Job Reference for Inspection” stipulated under “Job Reference for Inspection”
below, including solely and fully, responsibility for below, including solely and fully, responsibility for
carrying out contract management and coordination carrying out contract management and coordination
with building contractor and other building services / with building contractor and other building services /
electrical and mechanical contractors; and electrical and mechanical contractors; and
(3) For job experience outside the HKSAR, evidences as (3) For job experience outside the HKSAR, evidences as
stipulated in the guidance notes of the application stipulated in the guidance notes of the application
form must also be produced to the satisfaction of the form must also be produced to the satisfaction of the
DEVB; otherwise, it will not be considered as a valid DEVB; otherwise, it will not be considered as a valid
job reference. job reference.
Job Reference for Inspection (In addition to the above, Job Reference for Inspection (In addition to the above,
every job submitted by the applicant shall fulfill all every job submitted by the applicant shall fulfill all
requirements set out below; otherwise, it will not be requirements set out below; otherwise, it will not be
considered as a valid job reference) considered as a valid job reference)
(4) The applicant shall submit at least 2 contracts, which (4) The applicant shall submit at least 2 contracts, which
were completed within the past 3 years for site were completed within the past 3 years for site
inspection; and inspection; and
(5) At least one of the above 2 contracts shall be (5) At least one of the above 2 contracts shall be
completed within the past 12 months or at final stage; completed within the past 12 months or at final stage;
and and
(6) These 2 contracts shall be direct contract, which was (6) These 2 contracts shall be direct contract, which was
signed between the applicant and the employer of the signed between the applicant and the employer of the
concerned project; and concerned project; and
(7) All statutory forms such as the Work Completion (7) All statutory forms such as the Work Completion
Certificate (i.e. Form WR1) shall be issued under the Certificate (i.e. Form WR1) shall be issued under the
name of the applicant; and name of the applicant; and
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
(9) The scope of work for each of these 2 contracts must (9) The scope of work for each of these 2 contracts must
fulfill all the following requirements: fulfill all the following requirements:
(a) Contract value of the work related to the (a) Contract value of the work related to the
category under application for inclusion category under application for inclusion
exceeds 50% Group I tender limit (See General Notes exceeds 50% Group II tender limit (See General
(2))
; and Notes (2))
; and
(b) The main incoming switchgear shall have (b) The main incoming switchgear shall have
rating of not less than 400A. rating of not less than 800A; and
(10) Subcontract will not be considered as valid job (c) The contract shall cover the entire electrical
reference unless it can satisfy all of the following installation from the main incoming switchgear
requirements, in addition to all the above stated to the final circuits, comprising co-ordination
requirements: with building contractor and other building
services/ electrical and mechanical contractors;
(a) The subcontract shall include all the relevant and
work as described under the “Brief Scope of
Category” covered in the main contract; and (d) The contract shall be of a completely new
building construction or a whole building
(b) The applicant shall have undertaken the full refurbishment.
scope of work covered in the subcontract,
solely and fully, including contract (10) Subcontract will not be considered as valid job
management; and reference unless it can satisfy all of the following
requirements, in addition to all the above stated
(c) The subcontract shall be signed between the requirements:
applicant and the main contractor which is the
company awarded with the direct contract by (a) The subcontract shall include all the relevant
the employer of the concerned project; and work as described under the “Brief Scope of
Category” covered in the main contract; and
(d) The aforementioned main contractor shall not
be the electrical installation contractor for the (b) The applicant shall have undertaken the full
project work; and scope of work covered in the subcontract,
solely and fully, including contract
(e) The applicant must present documentary management; and
evidence to prove the above requirements are
met and such evidence must be substantiated (c) The subcontract shall be signed between the
by the main contractor including a letter, which applicant and the main contractor which is the
must be signed by the main contractor’s company awarded with the direct contract by
authorized signatory to confirm that the the employer of the concerned project; and
applicant has met the above requirements in the
subcontract; and
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Employ adequate nos. of technicians, site supervisors and Employ adequate nos. of technicians, site supervisors and
draftsmen with adequate and relevant academic draftsmen with adequate and relevant academic
qualification and working experience. Please refer to qualification and working experience. Please refer to
General Notes (1), Item III in this Appendix in respect of General Notes (1), Item III in this Appendix in respect of
continuous capability building requirement. continuous capability building requirement.
Employ adequate nos. of Qualified Workers in the Employ adequate nos. of Qualified Workers in the
following trades/ trade divisions: following trades/ trade divisions:
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Adequate modern drafting and computing facilities; Adequate modern drafting and computing facilities;
minimum 1 no. CAD terminal. minimum 1 no. CAD terminal.
Adequate nos. of calibrated testing instruments and Adequate nos. of calibrated testing instruments and
equipment/ tools for carrying out installation, operation, equipment/ tools for carrying out installation, operation,
maintenance and testing/ commissioning services; valid maintenance and testing/ commissioning services; valid
calibration certificates for testing instruments shall be calibration certificates for testing instruments shall be
available. Refer to Annex 9 for list of typical equipment/ available. Refer to Annex 9 for list of typical
tools and testing instruments required. equipment/ tools and testing instruments required.
Please refer to General Notes (1), Item IV in this Appendix. Please refer to General Notes (1), Item IV in this Appendix.
6.2 Integrity 6.2 Integrity
Please refer to General Notes (1), Item V in this Appendix. Please refer to General Notes (1), Item V in this Appendix.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Works Category : 10. Electronic Timing and Display Installation Specialist Contractor
The scope of work in this category covers the supply, installation and maintenance of electronic scoreboard, electronic timing system, time and temperature
display system, electronic message system etc. at different venues.
Definition of Probationary Status (Para. 7.5.3 is not applicable for this category)
Eligible for the award of a maximum of two contracts/subcontracts provided that the total value of works in this category does not exceed $5.5 million
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
(3) For job experience outside the HKSAR, evidences as (b) The contract shall cover the nature of works as (3) For job experience outside the HKSAR, evidences as
stipulated in the guidance notes of the application described in the “Brief Scope of Category”; and stipulated in the guidance notes of the application
form must also be produced to the satisfaction of the form must also be produced to the satisfaction of the
DEVB; otherwise, it will not be considered as a valid (c) If the contract is a term contract, all of the above DEVB; otherwise, it will not be considered as a valid
job reference. requirements 3 (a) and 3 (b) shall be fulfilled in one job reference.
works order.
Job Reference for Inspection (In addition to the above, Job Reference for Inspection (In addition to the above,
every job submitted by the applicant shall fulfill all (4) Subcontract will not be considered as valid job reference every job submitted by the applicant shall fulfill all
requirements set out below; otherwise, it will not be unless it can satisfy all of the following requirements, in requirements set out below; otherwise, it will not be
considered as a valid job reference) addition to all the above stated requirements: considered as a valid job reference)
(4) The applicant shall submit at least 2 contracts, which (a) The subcontract shall include all the relevant work (4) The applicant shall submit at least 2 contracts, which
were completed within the past 3 years for site as described under the “Brief Scope of Category” were completed within the past 3 years for site
inspection; and covered in the main contract; and inspection; and
(5) At least one of the above 2 contracts shall be (b) The applicant shall have undertaken the full scope (5) At least one of the above 2 contracts shall be
completed within the past 12 months or at final stage; of work covered in the subcontract, solely and completed within the past 12 months or at final stage.
and fully, including contract management; and
(6) These 2 contracts shall be direct contract, which was
(6) These 2 contracts shall be direct contract, which was (c) The party by which the applicant is awarded with signed between the applicant and the employer of the
signed between the applicant and the employer of the the subcontract, and the upstream contracting concerned project; and
concerned project; and parties up to and including the main contractor,
which is the company awarded with the direct (7) The applicant shall be able to arrange joint site
(7) The applicant shall be able to arrange joint site contract by the employer of the concerned project, inspections for the government’s examination of the
inspections for the government’s examination of the all shall not be the electronic timing and display quality and workmanship of the submitted job
quality and workmanship of the submitted job Installation contractor for the project work. reference within normal office hours; and
reference within normal office hours; and
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Employ adequate nos. of technicians, site supervisors and Employ adequate nos. of technicians, site supervisors and
draftsmen with adequate and relevant academic draftsmen with adequate and relevant academic
qualification and working experience. Please refer to qualification and working experience. Please refer to
General Notes (1), Item III in this Appendix in respect of General Notes (1), Item III in this Appendix in respect of
continuous capability building requirement. continuous capability building requirement.
Technician 1 no. Technician 1 no.
Site supervisor 1 no. Site supervisor 1 no.
Draftsman 1 no. Draftsman 1 no.
2.2.2 Qualified Worker 2.2.2 Qualified Worker
Employ adequate nos. of Qualified Workers in the Employ adequate nos. of Qualified Workers in the
following trades/trade divisions: following trades/ trade divisions:
Electronic Equipment Mechanic (Construction Work) Electronic Equipment Mechanic (Construction Work)
Minimum score required 40 marks Minimum score required 40 marks
Skilled Electronics Equipment Mechanic 20 marks Skilled Electronics Equipment Mechanic 20 marks
(Construction Work) (Construction Work)
Semi-skilled Electronics Equipment 15 marks Semi-skilled Electronics Equipment 15 marks
Mechanic (Construction Work) Mechanic (Construction Work)
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
3. Plant and Equipment (See General Notes (4)) 3. Plant and Equipment(See General Notes (4))
Adequate modern drafting and computing facilities; Adequate modern drafting and computing facilities;
minimum 1 no. CAD terminal. minimum 1 no. CAD terminal.
Adequate nos. of calibrated testing instruments and Adequate nos. of calibrated testing instruments and
equipment/ tools for carrying out installation, operation, equipment/ tools for carrying out installation, operation,
maintenance and testing/ commissioning services; valid maintenance and testing/ commissioning services; valid
calibration certificates for testing instruments shall be calibration certificates for testing instruments shall be
available. Refer Annex 10 for list of typical equipment/ available. Refer Annex 10 for list of typical equipment/
tools and testing instruments required. tools and testing instruments required.
4. Office/Workshop Facilities 4. Office/Workshop Facilities
Local office/ workshop in Hong Kong SAR is required. Local office/ workshop in Hong Kong SAR is required.
Reasonably sized, suitably furnished office and workshop/ Reasonably sized, suitably furnished office and workshop/
storage areas. In general, the minimum office area shall storage areas. In general, the minimum office area shall be
be 40 m2 and the minimum workshop + storage area shall 40 m2 and the minimum workshop + storage area shall be
be 25 m2. Documentary evidence (e.g. purchase/ lease 25 m2. Documentary evidence (e.g. purchase/ lease
agreement) to prove right of use shall be produced. agreement) to prove right of use shall be produced.
5. Others 5. Others
5.1 Safety 5.1 Safety
Please refer to General Notes (1), Item IV in this Appendix. Please refer to General Notes (1), Item IV in this Appendix.
5.2 Integrity 5.2 Integrity
Please refer to General Notes (1), Item V in this Appendix. Please refer to General Notes (1), Item V in this Appendix.
5.3 Authorized Agency 5.3 Authorized Agency
Preferably be an authorized agent in HKSAR for essential Preferably be an authorized agent in HKSAR for essential
equipment. Documentary evidence such as authorized equipment. Documentary evidence such as authorized
agency agreements shall be available. agency agreements shall be available.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
The scope of work in this category covers design, supply, manufacture, inspection & testing, painting and delivery to the site of steel unfired pressure vessels
and associated fittings.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
1. Experience
Possess at least 5 years experience in the fabrication of unfired pressure vessels for large waterworks projects including provision of their internal and external protection. The
contractor must provide supporting documents to show that unfired pressure vessels meeting WSD’s requirements have been manufactured in his previous projects.
2. Registration with relevant authorities in Hong Kong (such as Quality Management System Certification, Building Authority etc.)
Not Applicable
5. Office/Workshop Facilities
A workshop equipped with sufficient and well maintained machinery, equipment, tools and lifting facilities for fabricating, testing and handling unfired pressure vessels up to 3500mm
in diameter as detailed in the Annex 12. The contractor should allow inspection of all workshop facilities by Government representatives.
6. Training Facilities
Not Applicable
7. Others
7.1 Integrity: Please refer to General Notes (1), Item V in this Appendix.
7.2 The contractor should provide full details of his previous fabrication work to demonstrate his experience and capability.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
The scope of work in this category covers the supply, installation and maintenance of fire service installations comprising sprinkler system, FH/HR system,
manual and automatic fire alarm system, etc. for building and amenity projects.
Definition of Probationary Status (Para. 7.5.3 is not applicable for this category)
Probation to Group II: Eligible for the award of any number of Group I contracts/subcontracts; and a maximum of two Group II contracts/subcontracts
provided that the total value of Group II works does not exceed $16.4 million
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
A. Entry on Probation A. Entry on Probation
(3) For job experience outside the HKSAR, evidences as stipulated in the guidance notes
of the application form must also be produced to the satisfaction of the DEVB;
otherwise, it will not be considered as a valid job reference.
Job Reference for Inspection (In addition to the above, every job submitted by the applicant
shall fulfill all requirements set out below; otherwise, it will not be considered as a valid job
reference)
(4) The applicant shall submit at least 2 contracts, which were completed within the past
3 years for site inspection; and
(5) At least one of the above 2 contracts shall be completed within the past 12 months or
at final stage; and
(6) These 2 contracts shall be direct contract, which was signed between the applicant
and the employer of the concerned project; and
(7) All statutory forms such as Form FSI 314, Form FSI 501, Form FSI 251, etc. shall be
issued under the name of the applicant; and
(8) The applicant shall be able to arrange joint site inspections for the government’s
examination of the quality and workmanship of the submitted job reference within
normal office hours; and
(9) The scope of work for each of these 2 contracts must fulfill all of the following
requirements:
(a) Contract value of the work related to the category under application for
inclusion exceeds 180% of Group I tender limit (See General Notes (2)); and
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
(b) The contract shall cover major scope of works as described in the “Brief Scope
of Category”; and
(c) The contract shall be of a completely new building construction project or a
whole building refurbishment project.
(10) Subcontract will not be considered as valid job reference unless it can satisfy all of
the following requirements, in addition to all the above stated requirements:
(a) The subcontract shall include all the relevant work as described under the “Brief
Scope of Category” covered in the main contract; and
(b) The applicant shall have undertaken the full scope of work covered in the
subcontract, solely and fully, including contract management; and
(c) The subcontract shall be signed between the applicant and the main contractor
which is the company awarded with the direct contract by the employer of the
concerned project; and
(d) The aforementioned main contractor shall not be the fire service installation
contractor for the project work; and
(e) The applicant must present documentary evidence to prove the above
requirements are met and such evidence must be substantiated by the main
contractor including a letter, which must be signed by the main contractor’s
authorized signatory to confirm that the applicant has met the above
requirements in the subcontract; and
(f) Notwithstanding the above, the Managing Department may seek references on
the applicant’s technical and managerial capabilities from the employer, the
relevant parties of the concerned project and other sources or confirmation on
the authenticity of the proof provided by the applicant from the relevant parties
of the concerned project.
2. Registration with relevant authorities in Hong Kong (such as Quality Management
System Certification, Building Authority etc.)
Statutory Registration
The applicant shall be
– a Registered Fire Service Installation Contractor Class 1 & 2 registered under Fire
Service Ordinance, Cap. 95; and
– a Registered Electrical Contractor registered under Electricity Ordinance, Cap. 406;
and
have full time technical staff (meeting the relevant statutory registration requirement) of
number not less than that described in the Section “Management and Staff Employment”.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
Adequate nos. of calibrated testing instruments and equipment/ tools for carrying out
installation, operation, maintenance and testing/ commissioning services; valid calibration
certificates for testing instruments shall be available. Refer Annex 13 for list of typical
equipment/ tools and testing instruments required.
5. Office/Workshop Facilities
Local office/ workshop in Hong Kong SAR is required. Reasonably sized, suitably
furnished office and workshop/ storage areas. In general, the minimum office area shall
be 80 m2 and the minimum workshop + storage area shall be 25 m2. Documentary evidence
(e.g. purchase/lease agreement) to prove right of use shall be produced.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
6. Others
6.1 Safety
Please refer to General Notes (1), Item IV in this Appendix.
6.2 Integrity
Please refer to General Notes (1), Item V in this Appendix.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
B. Confirmation B. Confirmation
Not Applicable 1. Experience
(1) The applicant has satisfactorily completed, within the past 12 months, at least one relevant
contract executed in HKSAR that satisfies the criteria stipulated in General Notes (3),
awarded after inclusion in the category on probation; and
(2) This contract shall be direct contract, which was signed between the applicant and the
employer of the concerned project; and
(3) All statutory forms such as Form FSI 314, Form FSI 501, Form FSI 251, etc. shall be
issued under the name of the applicant; and
(4) The scope of work for this contract must fulfill all the following requirements:
(a) Contract value of the work related to the category under application for
confirmation exceeds Group I tender limit (See General Notes (2)); and
(b) The contract shall cover major scope of works as described in the “Brief Scope of
Category”; and
(c) The contract shall be of a completely new building construction or a whole building
refurbishment; and
(d) If the contract is a term contract, all of the above requirements 4 (a) to 4 (c) shall be
fulfilled in one works order.
(5) Subcontract will not be considered as valid job reference unless it can satisfy all of the
following requirements, in addition to all the above stated requirements:
(a) The subcontract shall include all the relevant work as described under the “Brief
Scope of Category” covered in the main contract; and
(b) The applicant shall have undertaken the full scope of work covered in the
subcontract, solely and fully, including contract management; and
(c) The subcontract shall be signed between the applicant and the main contractor
which is the company awarded with the direct contract by the employer of the
concerned project; and
(d) The aforementioned main contractor shall not be the fire service installation
contractor for the project work.
Apart from the above experience requirement, other criteria should be the same as that required
for “A. Entry on Probation”.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
C. Direct Entry C. Direct Entry
1. Experience Not Applicable
General
(1) The applicant shall have adequate experience in the type and size of work of the
category, as stipulated under “Job Reference for Inspection” below, with satisfactory
quality of work compatible with Government standard on and in relation to fire
service installations; and
(2) The applicant shall have adequate experience in contract management of work of the
category, as stipulated under “Job Reference for Inspection” below, including solely
and fully responsibility for carrying out contract management and coordination with
building contractor and other building services / electrical and mechanical
contractors; and
(3) For job experience outside the HKSAR, evidences as stipulated in the guidance notes
of the application form must also be produced to the satisfaction of the DEVB;
otherwise, it will not be considered as a valid job reference.
Job Reference for Inspection (In addition to the above, every job submitted by the applicant
shall fulfill all requirements set out below; otherwise, it will not be considered as a valid job
reference)
(4) The applicant shall submit at least 2 contracts, which were completed within the past
3 years for site inspection; and
(5) At least one of the above 2 contracts shall be completed within the past 12 months or
at final stage; and
(6) These 2 contracts shall be direct contract, which was signed between the applicant
and the employer of the concerned project; and
(7) All statutory forms such as Form FSI 314, Form FSI 501, Form FSI 251, etc. shall be
issued under the name of the applicant; and
(8) The applicant shall be able to arrange joint site inspections for the government’s
examination of the quality and workmanship of the submitted job reference within
normal office hours; and
(9) The scope of work for each of these 2 contracts must fulfill all of the following
requirements:
(a) Contract value of the work related to the category under application for
inclusion exceeds 50% Group I tender limit (See General Notes (2)); and
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
(b) The contract shall cover major scope of works as described in the “Brief Scope
of Category”; and
(c) The contract shall be of a completely new building construction project or a
whole building refurbishment project.
(10) Subcontract will not be considered as valid job reference unless it can satisfy all of
the following requirements, in addition to all the above stated requirements:
(a) The subcontract shall include all the relevant work as described under the “Brief
Scope of Category” covered in the main contract; and
(b) The applicant shall have undertaken the full scope of work covered in the
subcontract, solely and fully, including contract management; and
(c) The subcontract shall be signed between the applicant and the main contractor
which is the company awarded with the direct contract by the employer of the
concerned project; and
(d) The aforementioned main contractor shall not be the fire service installation
contractor for the project work; and
(e) The applicant must present documentary evidence to prove the above
requirements are met and such evidence must be substantiated by the main
contractor including a letter, which must be signed by the main contractor’s
authorized signatory to confirm that the applicant has met the above
requirements in the subcontract; and
(f) Notwithstanding the above, the Managing Department may seek references on
the applicant’s technical and managerial capabilities from the employer, the
relevant parties of the concerned project and other sources or confirmation on
the authenticity of the proof provided by the applicant from the relevant parties
of the concerned project.
2. Registration with relevant authorities in Hong Kong (such as Quality Management
System Certification, Building Authority etc.)
Statutory Registration
The applicant shall be
– a Registered Fire Service Installation Contractor Class 1 & 2 registered under Fire
Service Ordinance, Cap. 95; and
– a Registered Electrical Contractor registered under Electricity Ordinance, Cap. 406;
and
have full time technical staff (meeting the relevant statutory registration requirement) of
number not less than that described in the Section “Management and Staff Employment”.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
Technician 2 nos.
Site supervisor 2 nos.
Draftsman 1 no.
3.2.2 Qualified Worker
Employ adequate nos. of Qualified Workers with adequate relevant experience in the
following trades/trade divisions:
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
The LP, REW and RFSIC can be the Qualified Engineer, Technical Support Staff or
Qualified Worker.
4. Plant and Equipment(See General Notes (4))
Adequate modern drafting and computing facilities; minimum 1 no. CAD terminal.
Adequate nos. of calibrated testing instruments and equipment/tools for carrying out
installation, operation, maintenance and testing/commissioning services; valid calibration
certificates where applicable for testing instruments shall be available. Refer to Annex 13
for list of typical equipment /tools and testing instruments required.
5. Office/Workshop Facilities
Local office/workshop in Hong Kong SAR is required. Reasonably sized, suitably furnished
office and workshop/storage areas. In general, the minimum office area shall be 40 m2 and
the minimum workshop + storage area shall be 15 m2. Documentary evidence (e.g.
purchase/lease agreement) to prove right of use shall be produced.
6. Others
6.1 Safety
Please refer to General Notes (1), Item IV in this Appendix.
6.2 Integrity
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
The scope of work in this category covers the supply, installation and maintenance of equipment, piping and fittings for water treatment of fountain pool such
as water circulation, filtration, pH control, chemical treatment, fountain lighting installation, etc.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
1. Experience
General
(1) The applicant shall have adequate experience in the type and size of work of the category, as stipulated under “Job Reference for Inspection”, with satisfactory quality of work
compatible with Government standard on and in relation to fountain installations; and
(2) The applicant shall have adequate experience in contract management of work of the category, as stipulated under “Job Reference for Inspection”, including solely and fully,
responsibility for carrying out contract management and coordination with building contractor and other building services / electrical and mechanical contractors; and
(3) For job experience outside the HKSAR, evidences as stipulated in the guidance notes of the application form must also be produced to the satisfaction of the DEVB; otherwise, it will
not be considered as a valid job reference.
Job Reference for Inspection (In addition to the above, every job submitted by the applicant shall fulfill all requirements set out below; otherwise, it will not be considered as a valid job
reference)
(4) The applicant shall submit at least 2 contracts, which were completed within the past 3 years for site inspection; and
(5) At least one of the above 2 contracts shall be completed within the past 12 months or at final stage; and
(6) These 2 contracts shall be direct contract, which was signed between the applicant and the employer of the concerned project; and
(7) All statutory forms such as the Work Completion (Part of an Installation) Certificate (i.e. Form WR1 (A)) shall be issued under the name of the applicant; and
(8) The applicant shall be able to arrange joint site inspections for the government’s examination of the quality and workmanship of the submitted job reference within normal office hours;
and
(9) The scope of work for each of these 2 contracts must fulfill all of the following requirements:
(a) Contract value of the work related to the category under application for inclusion exceeds $1.6M; and
(b) The contract shall cover major scope of works as described in the “Brief Scope of Category”.
(10) Subcontract will not be considered as valid job reference unless it can satisfy all of the following requirements, in addition to all the above stated requirements:
(a) The subcontract shall include all the relevant work as described under the “Brief Scope of Category” covered in the main contract; and
(b) The applicant shall have undertaken the full scope of work covered in the subcontract, solely and fully, including contract management; and
(c) The party by which the applicant is awarded with the subcontract, and the upstream contracting parties up to and including the main contractor, which is the company awarded
with the direct contract by the employer of the concerned project, all shall not be the fountain installation contractor for the project work; and
(d) The applicant must present documentary evidence to prove the above requirements are met and such evidence must be substantiated by all the relevant upstream contracting
parties as mentioned at (c) above including letters from them, which must be signed by their authorized signatories to confirm that the applicant has met the above requirements
in the subcontract; and
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
(e) Notwithstanding the above, the Managing Department may seek references on the applicant’s technical and managerial capabilities from the employer, the relevant parties of the
concerned project and other sources or confirmation on the authenticity of the proof provided by the applicant from the relevant parties of the concerned project.
2. Registration with relevant authorities in Hong Kong (such as Quality Management System Certification, Building Authority etc.)
The applicant shall be a Registered Electrical Contractor registered under Electricity Ordinance, Cap. 406 and have full time technical staff (meeting the relevant statutory registration
requirement) of number not less than that described in the Section “Management and Staff Employment”.
3. Management and Staff Employment
3.1 Top Management (See General Notes (1), Item II)
At least one member of the top management shall have a minimum experience of 5 years, out of which 3 years shall be local experience, in managing an electrical or mechanical engineering
services company obtained in the past eight years. Please refer to General Notes (1), Item II in this Appendix in respect of continuous capability building requirement.
3.2 Technical Staff (See Annex 1 for definition of Staff Qualification)
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
The scope of work in this category covers ground investigation field work for Government projects.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
A. Direct Entry A. Direct Entry
1. Experience 1. Experience
Must be able to provide references to ground investigation works (each of value exceeding Must be able to provide references to ground investigation works (each of value exceeding
HK$0.8M) carried out by the applicant for at least 5 projects in Hong Kong in the 3 years HK$0.8M) carried out by the applicant for at least 5 projects in Hong Kong in the 3 years
preceding the application and receive no adverse reports, on enquiry by CEDD. These preceding the application and receive no adverse reports, on enquiry by CEDD. These
performance reports must be prepared by at least 3 different engineering consultants who performance reports must be prepared by at least 3 different engineering consultants who
have supervised the works. have supervised the works.
2. Registration with relevant authorities in Hong Kong (such as Quality Management 2. Registration with relevant authorities in Hong Kong (such as Quality Management
System Certification, Building Authority etc.) System Certification, Building Authority etc.)
Quality Management System certificates issued under the rules of the Hong Kong Quality Management System certificates issued under the rules of the Hong Kong
Certification Body Accreditation Scheme (HKCAS) operated by the Hong Kong Certification Body Accreditation Scheme (HKCAS) operated by the Hong Kong
Accreditation Service (HKAS); i.e. bearing the HKCAS Accreditation Mark, and Quality Accreditation Service (HKAS); i.e. bearing the HKCAS Accreditation Mark, and Quality
Management System certificates bearing the accreditation mark of other accreditation Management System certificates bearing the accreditation mark of other accreditation
bodies which are considered as having an equivalent standard by the DEVB. bodies which are considered as having an equivalent standard by the DEVB.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
7.1 Safety: Must have adequate safety and health provisions and measures in accordance 7.1 Safety: Must have a proper safety management system and an adequate Safety Plan in
with the spirit of Chapter 3 of the Construction Site Safety Manual (CSSM) (DEVB). Proper accordance with the requirements of Chapter 3 of the CSSM. Must employ on a full-time
documentation to illustrate this must be available. Must employ at least on a part-time basis basis at least one safety officer registered in accordance with the FIU(SO&SS)R and one
one safety officer registered in accordance with the Factories and Industrial Undertakings safety supervisor, each with a minimum of 3 years of relevant experience. Please also refer
(Safety Officers and Safety Supervisors) Regulation (FIU(SO&SS)R) with a minimum of 3 to General Notes(1), Item IV(ii) in this Appendix.
years of relevant experience. Please also refer to General Notes (1), Item IV(ii) in this
Appendix. 7.2 Integrity: Please refer to General Notes (1), Item V in this Appendix.
7.2 Integrity: Please refer to General Notes (1), Item V in this Appendix. 7.3 Must have the managerial, professional, technical and other support staff resources to
carry out large Government contracts on ground investigation.
7.3 Must have the managerial, professional, technical and other support staff resources to
carry out Government contracts on ground investigation. 7.4 Must demonstrate competence in carrying out drilling, excavation, sampling, testing,
recording of information, description of soil and rock and reporting to CEDD standards.
7.4 Must demonstrate competence in carrying out drilling, excavation, sampling, testing,
recording of information, description of soil and rock and reporting to CEDD standards. 7.5 Must maintain HOKLAS (Hong Kong Laboratory Accreditation Scheme) accreditation
for selected tests and procedures of ground investigation when the accreditation for these is
7.5 Must maintain HOKLAS (Hong Kong Laboratory Accreditation Scheme) accreditation available from HOKLAS.
for selected tests and procedures of ground investigation when the accreditation for these is
available from HOKLAS.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
The scope of work in this category covers the supply, installation and maintenance of electrical installations that are of high voltage or in specialized locations,
typical installations include those in airport, highway, subway, tunnel, workshop, sewage treatment plant, pumping station, mechanical handling system etc.,
and in industrial environment.
Definition of Probationary Status (Para. 7.5.3 is not applicable for this category)
Eligible for the award of a maximum of two contracts/subcontracts provided that the total value of works in this category does not exceed $5.5 million
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
3.2 Technical Staff (See Annex 1 for definition of Staff 3.2 Technical Staff (See Annex 1 for definition of Staff
Qualification) Qualification)
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Please refer to General Notes (1), Item IV in this Appendix. Please refer to General Notes (1), Item IV in this Appendix.
6.2 Integrity 6.2 Integrity
Please refer to General Notes (1), Item V in this Appendix. Please refer to General Notes (1), Item V in this Appendix.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
The scope of work in this category covers design, supply and installation of registered piling systems on land.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
A. Direct Entry A. Direct Entry
1. Experience 1. Experience
(a) At least 3 small to medium size local projects (below $4.9M each) for each system. (a) At least 3 medium/large size local projects (over $4.9M each) for each system.
(b) The projects must be completed within the past 5 years. (b) The projects must be completed within the past 5 years.
(c) Experience as main contractor. (c) Experience as main contractor.
2. Registration with relevant authorities in Hong Kong (such as Quality Management 2. Registration with relevant authorities in Hong Kong (such as Quality Management
System Certification, Building Authority etc.) System Certification, Building Authority etc.)
The applicant shall be a Registered Specialist Contractor in the Foundation Sub-register The applicant shall be a Registered Specialist Contractor in the Foundation Sub-register
under Buildings Ordinance, Cap. 123. under Buildings Ordinance, Cap. 123.
Quality Management System certificates issued under the rules of the Hong Kong
Certification Body Accreditation Scheme (HKCAS) operated by the Hong Kong
Accreditation Service (HKAS); i.e. bearing the HKCAS Accreditation Mark, and Quality
Management System certificates bearing the accreditation mark of other accreditation
bodies which are considered as having an equivalent standard by the DEVB.
The scope of certification shall be relevant to the piling system under application.
3. Management and Staff Employment 3. Management and Staff Employment
3.1 Top Management(See General Notes (1), Item II) 3.1 Top Management(See General Notes (1), Item II)
At least one member of the resident top management shall have a minimum of three years At least one member of the resident top management shall have a minimum of five years
local experience in managing a construction firm obtained in the past five years. Please also local experience in managing a construction firm obtained in the past eight years. Please
refer to General Notes (1), Item II in this Appendix in respect of continuous capability also refer to General Notes (1), Item II in this Appendix in respect of continuous capability
building requirement. building requirement.
3.2 Technical Staff 3.2 Technical Staff
At least one person with the following qualifications: At least two persons with a relevant degree from a Hong Kong university or equivalent with
at least five years post-graduate local experience in piling works. Please also refer to
(a) Higher Certificate in Structural/Civil Engineering from a Hong Kong polytechnic, a General Notes (1), Item III in this Appendix in respect of continuous capability building
Hong Kong recognized training institution or equivalent and two years local working requirement.
experience in piling works; or
(b) Ordinary Certificate in Structural/Civil Engineering from a Hong Kong polytechnic,
a Hong Kong recognized training institution or equivalent and three years local
working experience in piling works.
Please also refer to General Notes (1), Item III in this Appendix in respect of continuous
capability building requirement.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
4. Plant and Equipment(See General Notes (4)) 4. Plant and Equipment(See General Notes (4))
Appropriate equipment for each system. (At least one set for each system). Appropriate equipment for each system. (At least one set for each system).
5. Office/Workshop Facilities 5. Office/Workshop Facilities
Local office required. Yard facilities available. Local office required. Yard facilities available.
6. Training Facilities 6. Training Facilities
Not Applicable Not Applicable
7. Others 7. Others
7.1 Safety 7.1 Safety
Please refer to General Notes (1), Item IV in this Appendix. Please refer to General Notes (1), Item IV in this Appendix.
7.2 Integrity 7.2 Integrity
Please refer to General Notes (1), Item V in this Appendix. Please refer to General Notes (1), Item V in this Appendix.
7.3 Piling system to be registered 7.3 Piling system to be registered
(a) Method statement. (a) Method statement.
(b) Typical calculations. (b) Typical calculations.
(c) Acceptable references. (c) Acceptable references.
(d) Satisfactory demonstration on site. (d) Satisfactory demonstration on site.
B. Entry by Promotion
When the contractor has completed at least 3 numbers relevant medium/large size local
projects of value above $4.9M each with good references. Other requirements same as that
required for “Direct Entry”.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Works Category : 17. Land, Engineering and Hydrographic Survey Services Specialist Contractor
The scope of work in this category covers the provision of services related to land, engineering and hydrographic survey services and the collection, modelling,
integration and analysis of geospatial data.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
1. Experience
No requirement.
Past experience on government projects is used as reference in tender evaluation and selection, but not as entry requirement.
2. Registration with relevant authorities in Hong Kong (such as Quality Management System Certification, Building Authority etc.)
No requirement.
ISO 9001 Certification, will be used as reference in tender evaluation and selection.
5. Office/Workshop Facilities
Not Applicable
6. Training Facilities
Not Applicable
7. Others
7.1 Safety: Please refer to General Notes (1), Item IV(ii) in this Appendix.
7.2 Integrity: Please refer to General Notes (1), Item V in this Appendix.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Probation to Group I: Eligible for the award of one contract/subcontract at any one time of value up to $3.8 million
Probation to Group II: Eligible for the award of any number of Group I contracts/subcontracts, plus one contract/subcontract of value exceeding $3.8 million
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
A. Entry On Probation A. Entry On Probation
1. Experience 1. Experience
Completed satisfactorily at least three relevant contracts/subcontracts of total value of the Completed satisfactorily at least three relevant contracts/1 st tier subcontracts of total value
landscape softworks exceeding $6.4M within the past 5 years. Job experience in all three of the General Landscape Works exceeding $9.7M within the past 5 years, including at least
types of the General Landscape Works within the past five years. two contracts/1st tier subcontracts of total value of landscape softworks exceeding $4.9M.
Job experience in all three types of the General Landscape Works within the past five years.
2. Registration with relevant authorities in Hong Kong (such as Quality Management 2. Registration with relevant authorities in Hong Kong (such as Quality Management
System Certification, Building Authority etc.) System Certification, Building Authority etc.)
3.1 Top Management(See General Notes (1), Item II) 3.1 Top Management(See General Notes (1), Item II)
Not Applicable At least one top management staff with more than five years of relevant working experience
gained in Hong Kong, who can be the same person as the horticulturist or the tree specialist.
3.2 Technical Staff Please refer to General Notes (1), Item II in this Appendix in respect of continuous
capability building requirement.
See Annex 35. Please refer to General Notes (1), Item III in this Appendix in respect of
continuous capability building requirement. 3.2 Technical Staff
See Annex 35. Please refer to General Notes (1), Item III in this Appendix in respect of
continuous capability building requirement.
4. Plant and Equipment (See General Notes (4)) 4. Plant and Equipment(See General Notes (4))
Local office of reasonable amount of space and a local holding nursery in Hong Kong of Local office of reasonable amount of space and a local holding nursery in Hong Kong of
not less than 7,500m2 required. not less than 7,500m2 required.
Have training scheme to internal staff to improve arboricultural, horticultural and workplace Have training scheme to internal staff to improve arboricultural, horticultural and workplace
health and safety practice. health and safety practice.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
7. Others 7. Others
7.1 Safety: Please refer to General Notes (1), Item IV in this Appendix. 7.1 Safety: Please refer to General Notes (1), Item IV in this Appendix.
7.2 Integrity: Please refer to General Notes (1), Item V in this Appendix. 7.2 Integrity: Please refer to General Notes (1), Item V in this Appendix.
7.3 Special arboricultural skills such as maintenance, protection and transplanting of mature 7.3 Special arboricultural skills such as maintenance, protection and transplanting of mature
trees, and other horticultural skills such as laying and maintenance of turfs for sports ground. trees, and other horticultural skills such as laying and maintenance of turfs for sports ground.
B. Confirmation B. Confirmation
Completed satisfactorily at least two relevant contracts/ 1st tier relevant subcontracts of total Completed satisfactorily at least two relevant contracts/ 1st tier relevant subcontracts of
value of the General Landscape Works exceeding $3.2M within the past 5 years, after inclusion individual value of the General Landscape Works exceeding $3.2M within the past 5 years,
in Group I on probation, including one relevant contract / 1st tier relevant subcontract of value after inclusion in Group II on probation, including one relevant contract / 1st tier relevant
of landscape softworks exceeding $0.8M. Experience in all three types of the General subcontract of value of landscape softworks exceeding $3.2M. Experience in all three types of
Landscape Works within the past five years. Other requirements same as that required for the General Landscape Works within the past five years. Other requirements same as that
“Entry on Probation”. required for “Entry on Probation”.
D. Entry by Promotion
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Hydroseeding is the application by high-pressure spraying of specified mixture of grass seeds, fertilizer, mulch and other additives in aqueous solution,
including the supply of all materials and equipment necessary for the application and subsequent establishment of grass cover by the method described.
Probation to Group I: Eligible for the award of one contract at any one time of value up to $3.8 million
Probation to Group II: Eligible for the award of any number of Group I contracts, plus one contract of value exceeding $3.8 million
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
A. Entry On Probation A. Entry On Probation
1. Experience 1. Experience
Completed at least three relevant contracts/subcontracts of total value exceeding $6.4M Completed at least three relevant contracts/subcontracts of total value exceeding $9.7M
within the past 5 years. within the past 5 years.
2. Registration with relevant authorities in Hong Kong (such as Quality Management 2. Registration with relevant authorities in Hong Kong (such as Quality Management
System Certification, Building Authority etc.) System Certification, Building Authority etc.)
3.1 Top Management(See General Notes (1), Item II) 3.1 Top Management(See General Notes (1), Item II)
4. Plant and Equipment (See General Notes (4)) 4. Plant and Equipment(See General Notes (4))
All necessary equipment to carry out the required work. All necessary equipment to carry out the required work.
Local office in Hong Kong is required. Local office in Hong Kong is required.
Have training scheme to internal staff to improve hydroseeding and safety practice. Have training scheme to internal staff to improve hydroseeding and safety practice.
8. Others 7. Others
7.1 Safety: Please refer to General Notes (1), Item IV in this Appendix. 7.1 Safety: Please refer to General Notes (1), Item IV in this Appendix.
7.2 Integrity: Please refer to General Notes (1), Item V in this Appendix. 7.2 Integrity: Please refer to General Notes (1), Item V in this Appendix.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
B. Confirmation B. Confirmation
Completed satisfactorily at least two relevant contracts/subcontracts within the past 5 years, Completed satisfactorily at least two relevant contracts/subcontracts within the past 5 years,
after inclusion in Group I on probation, of total value exceeding $3.2M. Other requirements after inclusion in Group II on probation, of individual value exceeding $3.2M. Other
same as that required for “Entry on Probation”. requirements same as that required for “Entry on Probation”.
D. Entry by Promotion
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Works Category : 19. Landslip Preventive/Remedial Works to Slopes/Retaining Walls Specialist Contractor
The scope of work in this category covers landslip preventive works, remedial works or formation works of slopes and/or retaining walls in areas immediately
behind occupied structures, adjacent to railway lines or major trunk roads
Contractors included in the Specialist List for “Landslip Preventive/Remedial works to Slopes/Retaining Walls (LPM)” but have not yet achieved confirmation
status. A probationary contractor may take on not more than 2 government contracts tendered under the LPM category with total outstanding value of works
of not greater than $184M.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
See sections 2.1, 2.2, 2.3 and 2.4 of Annex 18 Satisfactorily completed, as main contractor or 1st tier sub-contractor (See Notes 1 under section 2.1
of Annex 18 to Appendix 3C)
, at least one Government Landslip Preventive Measures contract or its
1st tier sub-contract awarded after gaining the probationary status, containing multiple sites
and of value not less than $65M.
2. Registration with relevant authorities in Hong Kong (such as Quality Management 2. Registration with relevant authorities in Hong Kong (such as Quality Management
System Certification, Building Authority etc.) System Certification, Building Authority etc.)
Contractors who wish to apply for inclusion should have obtained: (i) Maintain the relevant Quality Management System Certification.
(i) The relevant Quality Management System Certification or if they do not have (ii) Maintain the Registration on the buildings Department’s list of Registered Specialist
suitable works contracts in hand for certification auditing, a confirmation from a Contractor for Site Formation Works.
certification body accredited by the HKAS to issue the Certification or considered
to be equivalent by the DEVB that a full review of the Quality Manual of their Hong
Kong office has been carried out in Hong Kong by the certification body and such
Quality Manual has been confirmed by the certification body as being in conformity
with the requirements of the relevant standard.
3.1 Top Management(See General Notes (1), Item II) 3.1 Top Management(See General Notes (1), Item II)
See section 2.5.1 of Annex 18. See also General Notes (1), Item II in this Appendix in Employ/retain appropriate management staff. See also General Notes (1), Item II in this
respect of continuous capability building requirement. Appendix in respect of continuous capability building requirement.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
All applicants must possess or set up in Hong Kong a place of business. Not Applicable
7. Others 7. Others
(i) Performance on Government contracts/sub-contracts (See Notes 1 and 2 under section 2.1 of Annex (i) Safety: Please refer to General Notes (1), Item IV(ii) in this Appendix.
18 to Appendix 3C)
under the R&D and SF categories and in landslip preventive works in
the past 3 years – see sections 2.1, 2.2, 2.3 and 2.4 of Annex 18. (ii) Integrity: Please refer to General Notes (1), Item V in this Appendix.
(ii) Safety: Please refer to General Notes (1), Item IV(ii) in this Appendix. (iii) In all other ways being considered suitable for confirmation.
(iii) Integrity: Please refer to General Notes (1), Item V in this Appendix.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Works Category : 20. Lift, Escalator and Passenger Conveyor Installation Specialist Contractor
(i) Supply and installation of passenger lifts, bed/ passenger lifts, service lifts, goods lifts, freight lifts, stairlifts, escalators and passenger conveyor
installations, lifting platform for barrier free access, and associated motor power drives, motor control centres, central and remote control systems,
CCTV inside lifts, etc.
(ii) Maintenance of passenger lifts, bed/ passenger lifts, service lifts, goods lifts, freight lifts, stairlifts, escalators and passenger conveyor installations,
lifting platform for barrier free access, and associated motor power drives, motor control centres, central and remote control systems, CCTV inside
lifts, etc.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
1. Experience
General
(1) The applicant shall have adequate experience in the type and size of work of the category, as stipulated under “Job Reference for Inspection” below, with satisfactory quality of work
compatible with Government standard on and in relation to lift, escalator and passenger conveyor installations; and
(2) The applicant shall have adequate experience in contract management of work of the category, as stipulated under “Job Reference for Inspection” below, including solely and fully
responsibility for carrying out contract management and coordination with building contractor and other building services / electrical and mechanical contractors; and
(3) For job experience outside the HKSAR, evidences as stipulated in the guidance notes of the application form must also be produced to the satisfaction of the DEVB; otherwise, it will not
be considered as a valid job reference.
Job Reference for Inspection (In addition to the above, every job submitted by the applicant shall fulfill all requirements set out below; otherwise, it will not be considered as a valid job reference)
(4) The applicant shall submit at least 2 contracts, which were completed within the past 3 years for site inspection; and
(5) At least one of the above 2 contracts shall be completed within the past 12 months or at final stage; and
(6) These 2 contracts shall be direct contract, which was signed between the applicant and the employer of the concerned project; and
(7) All statutory submissions to EMSD and Buildings Authority shall be issued under the name of the applicant; and
(8) The applicant shall be able to arrange joint site inspections for the government’s examination of the quality and workmanship of the submitted job reference within normal office hours;
and
(9) The scope of work for each of these 2 contracts must fulfill all of the following requirements:
(a) Contract value of the work related to the category under application for inclusion exceeds $1.6M; and
(b) The contract shall cover major scope of works as described in the “Brief Scope of Category” item (i) and (ii). Subject to the scope of work of the contracts submitted, restriction for
inclusion into the category may be applied to limit the contractor to carry out only maintenance works with scope of work under “Brief Scope of Category” item (i); and
(c) For submitted contract with scope of work under “Brief Scope of Category” item (ii), the contract shall be of a completely new building construction project or a whole building
refurbishment project with full replacement of the individual relevant installations under this category.
(10) Subcontract will not be considered as valid job reference unless it can satisfy all of the following requirements, in addition to all the above stated requirements:
(a) The subcontract shall include all the relevant work as described under the “Brief Scope of Category” item (i) or (ii) covered in the main contract; and
(b) The applicant shall have undertaken the full scope of work covered in the subcontract, solely and fully, including contract management; and
(c) The subcontract shall be signed between the applicant and the main contractor which is the company awarded with the direct contract by the employer of the concerned project; and
(d) The aforementioned main contractor shall not be the lift, escalator and passenger conveyor installation or maintenance contractor for the project work; and
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
(e) The applicant must present documentary evidence to prove the above requirements are met and such evidence must be substantiated by the main contractor including a letter, which
must be signed by the main contractor’s authorized signatory to confirm that the applicant has met the above requirements in the subcontract; and
(f) Notwithstanding the above, the Managing Department may seek references on the applicant’s technical and managerial capabilities from the employer, the relevant parties of the
concerned project and other sources or confirmation on the authenticity of the proof provided by the applicant from the relevant parties of the concerned project.
2. Registration with relevant authorities in Hong Kong (such as Quality Management System Certification, Building Authority etc.)
Statutory Registration
The applicant shall be
- a Registered Lift and/or Escalator Contractor registered under Lifts and Escalators Ordinance, Cap. 618; and
- a Registered Electrical Contractor registered under Electricity Ordinance, Cap. 406; and
have full time technical staff (meeting the relevant statutory registration requirement) of number not less than that described in the Section “Management and Staff Employment”.
Quality Management System Certification
Quality Management System certificates issued under the rules of the Hong Kong Certification Body Accreditation Scheme (HKCAS) operated by the Hong Kong Accreditation Service
(HKAS); i.e. bearing the HKCAS Accreditation Mark, or Quality Management System certificates bearing the accreditation mark of other accreditation bodies which are considered as
having an equivalent standard by the DEVB.
The scope of certification shall be relevant to the contractor list being applied for, e.g. “Supply, installation and maintenance of lift and escalator installation” or “Maintenance of lift and
escalator installation”.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
- Registered Lift /Escalator Engineer (RLEE) registered under Lifts and Escalators Ordinance, Cap. 618 – 2 nos. (minimum)
- Registered Lift/Escalator Worker (RLEW) registered under Lifts and Escalators Ordinance, Cap. 618 – 10 nos. (minimum)
- Registered Electrical Worker (REW) registered under Electricity Ordinance, Cap. 406. Grade B2 – 1 no. (minimum)
The RLEE, RLEW and REW can be the Technical Support Staff or Qualified Worker.
6. Others
6.1 Safety:
Please refer to General Notes (1), Item IV in this Appendix.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
6.2 Integrity:
Please refer to General Notes (1), Item V in this Appendix.
6.3 Authorized Agency
Be an authorized agent/distributor in HKSAR for the lifts, escalators, and passenger conveyors. Documentary evidence such as authorized agency/distributorship agreements shall be
available for checking. Contractor with restriction on scope of work under “Brief Scope of Category” item (i) only is exempted from this requirement.
6.4 Type test certificates for escalators
Required for steps, pallets, belts and handrails (handrail breaking strength).
6.5 Type test certificates for lifts
Required for landing door locking devices, landing doors, overspeed governors, safety gears, energy dissipation and/ or energy accumulation type buffers with/ without buffered return
movement, ascending car overspeed protection means, rupture valve/ one way restrictor, and safety circuits containing electronic components.
6.6 Permit to use and operate a new lift or escalator
At least two installations for each model issued by Electrical & Mechanical Services Department. Applicant to submit a list of the models for use in Government projects. Only those
models submitted and approved can be used in Government projects. New models to be offered after admission must be submitted for assessment and prior approval must be
obtained before new models can be offered for use in Government projects.
6.7 Harmonic distortion
Comply with relevant standards; details of harmonic current distortion for each model to be submitted.
6.8 Support from Manufacturer
Sound technical support required, including provision of training (record to be submitted), spare parts and relevant type approval certificates obtained from Electrical and Mechanical
Services Department, etc.
6.9 Maintenance facilities
24-hour emergency service for fault attendance must be available. The 24-hour emergency service for fault attendance shall be effective, e.g. the fault call can be acknowledged immediately
and maintenance personnel can arrive at the fault location within 1 hour for normal call (e.g. no trapping of passenger) and 30 minutes for urgent call (e.g. trapping of passenger). Applicant
to provide evidence that such maintenance facilities are established in strategic locations in Hong Kong SAR with suitable communication network to meet the above requirements.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
The scope of work in this category covers the supply, installation and maintenance of fixed and piped liquefied petroleum gas (LPG) installations including
bulk LPG storage vessels, LPG cylinders, vaporizers, piping and fittings, valves and accessories, LPG appliances, etc.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
1. Experience
General
(1) The applicant shall have adequate experience in the type and size of work of the category, as stipulated under “Job Reference for Inspection” below, with satisfactory quality of work
compatible with Government standard on and in relation to liquefied petroleum gas installations; and
(2) The applicant shall have adequate experience in contract management of work of the category, as stipulated under “Job Reference for Inspection” below, including solely and fully
responsibility for carrying out contract management and coordination with building contractor and other building services / electrical and mechanical contractors; and
(3) For job experience outside the HKSAR, evidences as stipulated in the guidance notes of the application form must also be produced to the satisfaction of the DEVB; otherwise, it will not
be considered as a valid job reference.
Job Reference for Inspection (In addition to the above, every job submitted by the applicant shall fulfill all requirements set out below; otherwise, it will not be considered as a valid job reference)
(4) The applicant shall submit at least 2 contracts, which were completed within the past 3 years for site inspection; and
(5) At least one of the above 2 contracts shall be completed within the past 12 months or at final stage; and
(6) These 2 contracts shall be direct contract, which was signed between the applicant and the employer of the concerned project; and
(7) All statutory submissions to Gas Authority shall be issued under the name of the applicant; and
(8) The applicant shall be able to arrange joint site inspections for the government’s examination of the quality and workmanship of the submitted job reference within normal office hours;
and
(9) The scope of work for each of these 2 contracts must fulfill all of the following requirements:
(a) Contract value of the work related to the category under application for inclusion exceeds $0.8M; and
(b) The contract shall cover a complete liquefied petroleum gas installation at least with cylinders supply; and
(c) The contract shall be for new building project or new liquefied petroleum gas installation in an existing building. Partial renovation or fitting-out works for an existing installation
are not acceptable.
(10) Subcontract will not be considered as valid job reference unless it can satisfy all of the following requirements, in addition to all the above stated requirements:
(a) The subcontract shall include all the relevant work as described under the “Brief Scope of Category” covered in the main contract; and
(b) The applicant shall have undertaken the full scope of work covered in the subcontract, solely and fully, including contract management; and
(c) The party by which the applicant is awarded with the subcontract, and the upstream contracting parties up to and including the main contractor, which is the company awarded with
the direct contract by the employer of the concerned project, all shall not be the liquefied petroleum gas installation contractor for the project work; and
(d) The applicant must present documentary evidence to prove the above requirements are met and such evidence must be substantiated by all the relevant upstream contracting parties
as mentioned at (c) above including letters from them, which must be signed by their authorized signatories to confirm that the applicant has met the above requirements in the
subcontract; and
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
(e) Notwithstanding the above, the Managing Department may seek references on the applicant’s technical and managerial capabilities from the employer, the relevant parties of the
concerned project and other sources or confirmation on the authenticity of the proof provided by the applicant from the relevant parties of the concerned project.
2. Registration with relevant authorities in Hong Kong (such as Quality Management System Certification, Building Authority etc.)
Statutory Registration
The applicant shall be a Registered Gas Contractor registered under Gas Safety Ordinance, Cap. 51 and have full time technical staff (meeting the relevant statutory registration requirement)
of number not less than that described in the Section “Management and Staff Employment”.
3. Management and Staff Employment
3.1 Top Management (See General Notes (1), Item II)
At least one member of the top management shall have a minimum experience of 5 years, out of which 3 years shall be local experience, in managing an electrical or mechanical engineering
services company obtained in the past eight years. Please refer to General Notes (1), Item II in this Appendix in respect of continuous capability building requirement.
3.2 Technical Staff (See Annex 1 for definition of Staff Qualification)
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
6.2 Integrity
Please refer to General Notes (1), Item V in this Appendix.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Works Category : 22. Low Voltage Cubicle Switchboard Installation Specialist Contractor
The scope of work in this category covers the supply, installation and maintenance of low voltage cubicle switchboard comprising main incoming switchgear,
busbars and droppers/risers, outgoing switchgears, instruments and protection devices, etc. all in a type tested assembly.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
1. Experience
General
(1) The applicant shall have adequate experience in the type and size of work of the category, as stipulated under “Job Reference for Inspection” below, with satisfactory quality of work
compatible with Government standard on and in relation to low voltage cubicle switchboard installations; and
(2) The applicant shall have adequate experience in contract management of work of the category, as stipulated under “Job Reference for Inspection” below, including solely and fully
responsibility for carrying out contract management and coordination with building contractor and other building services / electrical and mechanical contractors; and
(3) For job experience outside the HKSAR, evidences as stipulated in the guidance notes of the application form must also be produced to the satisfaction of the DEVB; otherwise, it will not
be considered as a valid job reference.
Job Reference for Inspection (In addition to the above, every job submitted by the applicant shall fulfill all requirements set out below; otherwise, it will not be considered as a valid job reference)
(4) The applicant shall submit at least 2 contracts, which were completed within the past 3 years for site inspection; and
(5) At least one of the above 2 contracts shall be completed within the past 12 months or at final stage; and
(6) These 2 contracts shall be direct contract, which was signed between the applicant and the employer of the concerned project; and
(7) All statutory forms such as the Work Completion Certificate (i.e. Form WR1) shall be issued under the name of the applicant; and
(8) The applicant shall be able to arrange joint site inspections for the government’s examination of the quality and workmanship of the submitted job reference within normal office hours;
and
(9) The scope of work for each of these 2 contracts must fulfill all of the following requirements:
(a) Contract value of the work related to the category under application for inclusion exceeds $1.6M; and
(b) The rating of the main incoming switchgear is not less than 2500A or with power rating not less than 1500kVA; and
(c) The contract shall cover major scope of works as described in the “Brief Scope of Category”.
(10) Subcontract will not be considered as valid job reference unless it can satisfy all of the following requirements, in addition to all the above stated requirements:
(a) The subcontract shall include all the relevant work as described under the “Brief Scope of Category” covered in the main contract; and
(b) The applicant shall have undertaken the full scope of work covered in the subcontract, solely and fully, including contract management; and
(c) The party by which the applicant is awarded with the subcontract, and the upstream contracting parties up to and including the main contractor, which is the company awarded with
the direct contract by the employer of the concerned project, all shall not be the low voltage cubicle switchboard installation contractor for the project work; and
(d) The applicant must present documentary evidence to prove the above requirements are met and such evidence must be substantiated by all the relevant upstream contracting parties
as mentioned at (c) above including letters from them, which must be signed by their authorized signatories to confirm that the applicant has met the above requirements in the
subcontract; and
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
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(e) Notwithstanding the above, the Managing Department may seek references on the applicant’s technical and managerial capabilities from the employer, the relevant parties of the
concerned project and other sources or confirmation on the authenticity of the proof provided by the applicant from the relevant parties of the concerned project.
2. Registration with relevant authorities in Hong Kong (such as Quality Management System Certification, Building Authority etc.)
Statutory Registration
The applicant shall be a Registered Electrical Contractor registered under Electricity Ordinance, Cap. 406 and have full time technical staff (meeting the relevant statutory registration
requirement) of number not less than that described in the Section “Management and Staff Employment”.
3. Management and Staff Employment
3.1 Top Management (See General Notes (1), Item II)
At least one member of the top management shall have a minimum experience of 5 years, out of which 3 years shall be local experience, in managing an electrical or mechanical engineering
services company obtained in the past eight years. Please refer to General Notes (1), Item II in this Appendix in respect of continuous capability building requirement.
3.2 Technical Staff (See Annex 1 for definition of Staff Qualification)
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
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Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Works Category : 23. Mechanical Handling and Lifting Installation Specialist Contractor
The scope of work in this category covers the supply, installation and maintenance of mechanical handling and lifting installation including crane, hoist,
gondola system, conveyor system, mechanical storage system, movable boarding facility etc.
Definition of Probationary Status (Para. 7.5.3 is not applicable for this category)
Eligible for the award of a maximum of two contracts/subcontracts provided that the total value of works in this category does not exceed $5.5 million
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
General (1) The applicant has satisfactorily completed, within the General
past 12 months, at least one relevant contract executed in
(1) The applicant shall have adequate experience in the type HKSAR that satisfies the criteria stipulated in General (1) The applicant shall have adequate experience in the type
and size of work of the category, as stipulated under “Job Notes (3), awarded after inclusion in the category on and size of work of the category, as stipulated under “Job
Reference for Inspection” below, with satisfactory probation; and Reference for Inspection” below, with satisfactory
quality of work compatible with Government standard on quality of work compatible with Government standard on
and in relation to mechanical handling and lifting (2) This contract shall be direct contract, which was signed and in relation to mechanical handling and lifting
installations; and between the applicant and the employer of the concerned installations; and
project; and
(2) The applicant shall have adequate experience in contract (2) The applicant shall have adequate experience in contract
management of work of the category, as stipulated under (3) All statutory forms such as the Work Completion (Part of management of work of the category, as stipulated under
“Job Reference for Inspection” below, including solely an Installation) Certificate (i.e. Form WR1 (A)) shall be “Job Reference for Inspection” below, including solely
and fully responsibility for carrying out contract issued under the name of the applicant; and and fully responsibility for carrying out contract
management and coordination with building contractor management and coordination with building contractor
and other building services / electrical and mechanical (4) The scope of work for this contract must fulfill all the and other building services / electrical and mechanical
contractors; and following requirements: contractors; and
(3) For job experience outside the HKSAR, evidences as (a) Contract value of the work related to the category (3) For job experience outside the HKSAR, evidences as
stipulated in the guidance notes of the application form under application for confirmation exceeds $0.8M; stipulated in the guidance notes of the application form
must also be produced to the satisfaction of the DEVB; and must also be produced to the satisfaction of the DEVB;
otherwise, it will not be considered as a valid job otherwise, it will not be considered as a valid job
reference. (b) The contract shall cover the nature of works as reference.
described in the “Brief Scope of Category”; and
Job Reference for Inspection (In addition to the above, every Job Reference for Inspection (In addition to the above, every
job submitted by the applicant shall fulfill all requirements set (c) If the contract is a term contract, all of the above job submitted by the applicant shall fulfill all requirements set
out below; otherwise, it will not be considered as a valid job requirements 4 (a) and 4 (b) shall be fulfilled in one out below; otherwise, it will not be considered as a valid job
reference) works order. reference)
(4) The applicant shall submit at least 2 contracts, which (5) Subcontract will not be considered as valid job reference (4) The applicant shall submit at least 2 contracts, which
were completed within the past 3 years for site unless it can satisfy all of the following requirements, in were completed within the past 3 years for site
inspection; and addition to all the above stated requirements: inspection; and
(5) At least one of the above 2 contracts shall be completed (a) The subcontract shall include all the relevant work (5) At least one of the above 2 contracts shall be completed
within the past 12 months or at final stage; and as described under the “Brief Scope of Category” within the past 12 months or at final stage; and
covered in the main contract; and
(6) These 2 contracts shall be direct contract, which was (6) These 2 contracts shall be direct contract, which was
signed between the applicant and the employer of the (b) The applicant shall have undertaken the full scope signed between the applicant and the employer of the
concerned project; and of work covered in the subcontract, solely and concerned project; and
fully, including contract management; and
(7) All statutory forms such as the Work Completion (Part of (7) All statutory forms such as the Work Completion (Part of
an Installation) Certificate (i.e. Form WR1 (A)) shall be (c) The party by which the applicant is awarded with an Installation) Certificate (i.e. Form WR1 (A)) shall be
issued under the name of the applicant; and the subcontract, and the upstream contracting issued under the name of the applicant; and
parties up to and including the main contractor,
which is the company awarded with the direct
contract by the employer of the concerned project,
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
(c) The party by which the applicant is awarded with (c) The party by which the applicant is awarded with
the subcontract, and the upstream contracting the subcontract, and the upstream contracting
parties up to and including the main contractor, parties up to and including the main contractor,
which is the company awarded with the direct which is the company awarded with the direct
contract by the employer of the concerned project, contract by the employer of the concerned project,
all shall not be the mechanical handling and lifting all shall not be the mechanical handling and lifting
installation contractor for the project work; and installation contractor for the project work; and
(d) The applicant must present documentary evidence (d) The applicant must present documentary evidence
to prove the above requirements are met and such to prove the above requirements are met and such
evidence must be substantiated by all the relevant evidence must be substantiated by all the relevant
upstream contracting parties as mentioned at (c) upstream contracting parties as mentioned at (c)
above including letters from them, which must be above including letters from them, which must be
signed by their authorized signatories to confirm signed by their authorized signatories to confirm
that the applicant has met the above requirements that the applicant has met the above requirements
in the subcontract; and in the subcontract; and
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
3.1 Top Management (See General Notes (1), Item II) 3.1 Top Management (See General Notes (1), Item II)
At least one member of the top management shall have a At least one member of the top management shall have a
minimum experience of 5 years, out of which 3 years shall minimum experience of 5 years, out of which 3 years
be local experience, in managing an electrical or shall be local experience, in managing an electrical or
mechanical engineering services company obtained in the mechanical engineering services company obtained in
past eight years. Please refer to General Notes (1), Item II the past eight years. Please refer to General Notes (1),
in this Appendix in respect of continuous capability Item II in this Appendix in respect of continuous
building requirement. capability building requirement.
3.2 Technical Staff (See Annex 1 for definition of Staff 3.2 Technical Staff (See Annex 1 for definition of Staff
Qualification) Qualification)
3.2.1 Qualified Engineer 3.2.1 Qualified Engineer
Employ at least 1 no. qualified engineer (Mechanical Employ at least 1 no. qualified engineer (Mechanical
discipline) with adequate and relevant project management discipline) with adequate and relevant project
experience. Please refer to General Notes (1), Item III in management experience. Please refer to General Notes
this Appendix in respect of continuous capability building (1), Item III in this Appendix in respect of continuous
requirement. capability building requirement.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
The REW and QW can be the Qualified Engineer, The REW and QW can be the Qualified Engineer,
Technical Support Staff or Qualified Worker. Technical Support Staff or Qualified Worker.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
4. Plant and Equipment(See General Notes (4)) 4. Plant and Equipment(See General Notes (4))
Adequate modern drafting and computing facilities; Adequate modern drafting and computing facilities;
minimum 1 no. CAD terminal. minimum 1 no. CAD terminal.
Adequate nos. of calibrated testing instruments and Adequate nos. of calibrated testing instruments and
equipment/tools for carrying out installation, operation, equipment/ tools for carrying out installation, operation,
maintenance and testing/ commissioning services; valid maintenance and testing/ commissioning services; valid
calibration certificates for testing instruments shall be calibration certificates for testing instruments shall be
available. Refer Annex 22 for list of typical equipment/ available. Refer Annex 22 for list of typical equipment/
tools and testing instruments required. tools and testing instruments required.
5. Office/Workshop Facilities
5. Office/Workshop Facilities
Local office/ workshop in Hong Kong SAR is required.
Local office/ workshop in Hong Kong SAR is required. Reasonably sized, suitably furnished office and
Reasonably sized, suitably furnished office and workshop/ workshop/ storage areas. In general, the minimum office
storage areas. In general, the minimum office area shall be area shall be 40 m2 and the minimum workshop + storage
40 m2 and the minimum workshop + storage area shall be area shall be 40 m2. Documentary evidence (e.g.
40 m2. Documentary evidence (e.g. purchase/ lease purchase/ lease agreement) to prove right of use shall be
agreement) to prove right of use shall be produced. produced.
6. Others
6. Others
6.1 Safety
6.1 Safety
Please refer to General Notes (1), Item IV in this
Please refer to General Notes (1), Item IV in this Appendix.
Appendix.
6.2 Integrity
6.2 Integrity
Please refer to General Notes (1), Item V in this
Please refer to General Notes (1), Item V in this Appendix. Appendix.
6.3 Authorized Agency 6.3 Authorized Agency
Preferably be an authorized agent in HKSAR for essential Preferably be an authorized agent in HKSAR for
equipment. Documentary evidence such as authorized essential equipment. Documentary evidence such as
agency agreements shall be available. authorized agency agreements shall be available.
6.4 Support from Principal 6.4 Support from Principal
Technical support from principal(s) of relevant agency is Technical support from principal(s) of relevant agency is
desirable. Applicant to demonstrate scope and extent (such desirable. Applicant to demonstrate scope and extent
as design, backup on installation/ maintenance etc.) of (such as design, backup on installation / maintenance
support. etc.) of support.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Works Category : 24. Mechanical Plant and Equipment Installation Specialist Contractor
The scope of work in this category covers the general mechanical fabrication, supply, installation and maintenance of mechanical plants and equipment.
Typical installations include laundry equipment, waste disposal equipment, vehicle examination facility, garage equipment, bulk fuel storage and dispensing
system, pumping system etc.
Definition of Probationary Status (Para. 7.5.3 is not applicable for this category)
Probation to Group II : Eligible for the award of any number of Group I contracts/subcontracts; and a maximum of two Group II contracts/
subcontracts exceeding $1.8 million provided that the total value of Group II works does not exceed $5.5 million
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
A. Entry on Probation A. Entry on Probation
Not Applicable 1. Experience
General
(1) The applicant shall have adequate experience in the type and size of work of the category,
as stipulated under “Job Reference for Inspection” below, with satisfactory quality of work
compatible with Government standard on and in relation to mechanical plant and
equipment installations; and
(2) The applicant shall have adequate experience in contract management of work of the
category, as stipulated under “Job Reference for Inspection” below, including solely and
fully responsibility for carrying out contract management and coordination with building
contractor and other building services / electrical and mechanical contractors; and
(3) For job experience outside the HKSAR, evidences as stipulated in the guidance notes of
the application form must also be produced to the satisfaction of the DEVB; otherwise, it
will not be considered as a valid job reference.
Job Reference for Inspection (In addition to the above, every job submitted by the applicant shall
fulfill all requirements set out below; otherwise, it will not be considered as a valid job reference)
(4) The applicant shall submit at least 2 contracts, which were completed within the past 3
years for site inspection; and
(5) At least one of the above 2 contracts shall be completed within the past 12 months or at
final stage; and
(6) These 2 contracts shall be direct contract, which was signed between the applicant and the
employer of the concerned project; and
(7) All statutory forms such as the Work Completion (Part of an Installation) Certificate (i.e.
Form WR1 (A)) shall be issued under the name of the applicant; and
(8) The applicant shall be able to arrange joint site inspections for the government’s
examination of the quality and workmanship of the submitted job reference within normal
office hours; and
(9) The scope of work for each of these 2 contracts must fulfill all of the following
requirements:
(a) Contract value of the work related to the category under application for inclusion
exceeds 180% of Group I tender limit (See General Notes (2)); and
(b) The contract shall cover the nature of works as described in the “Brief Scope of
Category”.
Appendix 3C Page 24-2 of 24-10
Revision Date: January 2021
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
(10) Subcontract will not be considered as valid job reference unless it can satisfy all of the
following requirements, in addition to all the above stated requirements:
(a) The subcontract shall include all the relevant work as described under the “Brief
Scope of Category” covered in the main contract; and
(b) The applicant shall have undertaken the full scope of work covered in the
subcontract, solely and fully, including contract management; and
(c) The party by which the applicant is awarded with the subcontract, and the upstream
contracting parties up to and including the main contractor, which is the company
awarded with the direct contract by the employer of the concerned project, all shall
not be the mechanical plant and equipment installation contractor for the project
work; and
(d) The applicant must present documentary evidence to prove the above requirements
are met and such evidence must be substantiated by all the relevant upstream
contracting parties as mentioned at (c) above including letters from them, which
must be signed by their authorized signatories to confirm that the applicant has met
the above requirements in the subcontract; and
(e) Notwithstanding the above, the Managing Department may seek references on the
applicant’s technical and managerial capabilities from the employer, the relevant
parties of the concerned project and other sources or confirmation on the authenticity
of the proof provided by the applicant from the relevant parties of the concerned
project.
Statutory Registration
At least one member of the top management shall have a minimum experience of 5 years,
out of which 3 years shall be local experience, in managing an electrical or mechanical
engineering services company obtained in the past eight years. Please refer to General Notes
(1), Item II in this Appendix in respect of continuous capability building requirement.
Appendix 3C Page 24-3 of 24-10
Revision Date: January 2021
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
3.2 Technical Staff (See Annex 1 for definition of Staff Qualification)
Employ at least 1 no. qualified engineer (Mechanical or Building Services) with adequate
and relevant professional and project management experience. Please refer to General Notes
(1), Item III in this Appendix in respect of continuous capability building requirement.
Employ adequate nos. of technicians, site supervisors and draftsmen with adequate and
relevant academic qualification and working experience. Please refer to General Notes (1),
Item III in this Appendix in respect of continuous capability building requirement.
Technician 2 nos.
Site supervisor 4 nos.
Draftsman 2 nos.
Employ adequate nos. of Qualified Workers in the following trades/ trade divisions:
(A) Electrician
Minimum score required 40 marks
Skilled Electrician 20 marks
Semi-skilled Electrician 15 marks
(C) Welder
- Registered Electrical Worker (REW) registered under Electricity Ordinance, Cap. 406.
Grade A2-1 no. (minimum)
The REW and QW can be the Qualified Engineer, Technical Support Staff or the Qualified
Worker.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
4. Plant and Equipment(See General Notes (4))
Adequate modern drafting and computing facilities; minimum 2 nos. CAD terminals.
Adequate nos. of calibrated testing instruments and equipment/tools for carrying out
installation, operation, maintenance and testing/commissioning services; valid calibration
certificates for testing instruments shall be available. Refer to Annex 23 for list of typical
equipment/tools and testing instruments required.
5. Office/Workshop Facilities
Local office/ workshop in Hong Kong SAR is required. Reasonably sized, suitably furnished
office and workshop/ storage areas. In general, the minimum office area shall be 80 m2 and
the minimum workshop + storage area shall be 70 m2. Documentary evidence (e.g.
purchase/lease agreement) to prove right of use shall be produced.
6. Others
6.1 Safety
6.2 Integrity
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
B. Confirmation B. Confirmation
Not Applicable
1. Experience
(1) The applicant has satisfactorily completed, within the past 12 months, at least one relevant
contract executed in HKSAR that satisfies the criteria stipulated in General Notes (3),
awarded after inclusion in the category on probation; and
(2) This contract shall be direct contract, which was signed between the applicant and the
employer of the concerned project; and
(3) All statutory forms such as the Work Completion (Part of an Installation) Certificate (i.e.
Form WR1 (A)) shall be issued under the name of the applicant; and
(4) The scope of work for this contract must fulfill all the following requirements:
(a) Contract value of the work related to the category under application for confirmation
exceeds Group I tender limit (See General Notes (2)); and
(b) The contract shall cover the nature of works as described in the “Brief Scope of
Category”; and
(c) If the contract is a term contract, all of the above requirements 4 (a) to 4 (b) shall be
fulfilled in one works order.
(5) Subcontract will not be considered as valid job reference unless it can satisfy all of the
following requirements, in addition to all the above stated requirements:
(a) The subcontract shall include all the relevant work as described under the “Brief
Scope of Category” covered in the main contract; and
(b) The applicant shall have undertaken the full scope of work covered in the
subcontract, solely and fully, including contract management; and
(c) The party by which the applicant is awarded with the subcontract, and the upstream
contracting parties up to and including the main contractor, which is the company
awarded with the direct contract by the employer of the concerned project, all shall
not be the mechanical plant and equipment installation contractor for the project
work.
Apart from the above experience requirement, other criteria should be the same as that required
for “A. Entry on Probation”.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
C. Direct Entry C. Direct Entry
1. Experience Not Applicable
General
(1) The applicant shall have adequate experience in the type and size of work of the category,
as stipulated under “Job Reference for Inspection” below, with satisfactory quality of work
compatible with Government standard on and in relation to mechanical plant and
equipment installations; and
(2) The applicant shall have adequate experience in contract management of work of the
category, as stipulated under “Job Reference for Inspection” below, including solely and
fully responsibility for carrying out contract management and coordination with building
contractor and other building services / electrical and mechanical contractors; and
(3) For job experience outside the HKSAR, evidences as stipulated in the guidance notes of
the application form must also be produced to the satisfaction of the DEVB; otherwise, it
will not be considered as a valid job reference.
Job Reference for Inspection (In addition to the above, every job submitted by the applicant shall
fulfill all requirements set out below; otherwise, it will not be considered as a valid job reference)
(4) The applicant shall submit at least 2 contracts, which were completed within the past 3
years for site inspection; and
(5) At least one of the above 2 contracts shall be completed within the past 12 months or at
final stage; and
(6) These 2 contracts shall be direct contract, which was signed between the applicant and the
employer of the concerned project; and
(7) All statutory forms such as the Work Completion (Part of an Installation) Certificate (i.e.
Form WR1 (A)) shall be issued under the name of the applicant; and
(8) The applicant shall be able to arrange joint site inspections for the government’s
examination of the quality and workmanship of the submitted job reference within normal
office hours; and
(9) The scope of work for each of these 2 contracts must fulfill all of the following
requirements:
(a) Contract value of the work related to the category under application for inclusion
exceeds 50% Group I tender limit (See General Notes (2)); and
(b) The contract shall cover the nature of works as described in the “Brief Scope of
Category”; and
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
(10) Subcontract will not be considered as valid job reference unless it can satisfy all of the
following requirements, in addition to all the above stated requirements:
(a) The subcontract shall include all the relevant work as described under the “Brief
Scope of Category” covered in the main contract; and
(b) The applicant shall have undertaken the full scope of work covered in the
subcontract, solely and fully, including contract management; and
(c) The party by which the applicant is awarded with the subcontract, and the upstream
contracting parties up to and including the main contractor, which is the company
awarded with the direct contract by the employer of the concerned project, all shall
not be the manufacture plant and equipment installation contractor for the project
work; and
(d) The applicant must present documentary evidence to prove the above requirements
are met and such evidence must be substantiated by all the relevant upstream
contracting parties as mentioned at (c) above including letters from them, which
must be signed by their authorized signatories to confirm that the applicant has met
the above requirements in the subcontract; and
(e) Notwithstanding the above, the Managing Department may seek references on the
applicant’s technical and managerial capabilities from the employer, the relevant
parties of the concerned project and other sources or confirmation on the authenticity
of the proof provided by the applicant from the relevant parties of the concerned
project.
2. Registration with relevant authorities in Hong Kong (such as Quality Management
System Certification, Building Authority etc.)
Statutory Registration
The applicant shall be a Registered Electrical Contractor registered under Electricity
Ordinance, Cap. 406 and have full time technical staff (meeting the relevant statutory
registration requirement) of number not less than that described in the Section
“Management and Staff Employment”.
3. Management and Staff Management
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
3.2 Technical Staff (See Annex 1 for definition of Staff Qualification)
3.2.1 Technical Support Staff
Employ adequate nos. of technicians, site supervisors and draftsmen with adequate and
relevant academic qualification and working experience. Please refer to General Notes (1),
Item III in this Appendix in respect of continuous capability building requirement.
Technician 2 nos.
Site supervisor 2 nos.
Draftsman 1 no.
3.2.2 Qualified Worker
Employ adequate nos. of Qualified Workers with adequate relevant experience in the
following trades / trade divisions:
(A) Electrician
Minimum score required 20 marks
Skilled Electrician 20 marks
Semi-skilled Electrician 15 marks
(B) Mechanical Fitter
Minimum score required 20 marks
Skilled Mechanical Fitter 20 marks
Semi-skilled Mechanical Fitter 15 marks
(C) Staff meeting the following statutory registration requirements:
- Registered Electrical Worker (REW) registered under Electricity Ordinance, Cap. 406.
Grade A2 – 1 no. (minimum)
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
5. Office/Workshop Facilities
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
The scope of work in this category covers the construction, repair and maintenance of plumbing installations. Typical installations include fresh and flush
water pumps and pipework installations (including connection to sanitary fixtures and associated taps and water heaters installed by others); water supply for
fire service installation including up-feed pipework and connection to the roof/transfer tank; cold and hot water supply systems; rain water recycling system;
water supply for feeding/make-up to air-conditioning installation, fountain installation and swimming pool installation; and water supply for irrigation system.
Definition of Probationary Status (Para. 7.5.3 is not applicable for this category)
Probation to Group II : Eligible for the award of any number of Group I contracts/subcontracts; and a maximum of four Group II contracts/
subcontracts provided that the total value of Group II works does not exceed $30 million
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
A. Entry on Probation A. Entry on Probation
Not Applicable 1. Experience
General
(1) The applicant shall have adequate experience in the type and size of work of the category,
as stipulated under “Job Reference for Inspection” below, with satisfactory quality of work
compatible with Government standard on and in relation to plumbing installations; and
(2) The applicant shall have adequate experience in contract management of work of the
category, as stipulated under “Job Reference for Inspection” below, including solely and
fully responsible for carrying out contract management and coordination with building
contractor and other building services / electrical and mechanical contractors; and
(3) For job experience outside the HKSAR, evidences as stipulated in the guidance notes of
the application form must also be produced to the satisfaction of the DEVB; otherwise, it
will not be considered as a valid job reference.
Job Reference for Inspection (In addition to the above, every job submitted by the applicant shall
fulfill all requirements set out below; otherwise, it will not be considered as a valid job reference)
(4) The applicant shall submit at least 2 contracts, which were completed within the past 3
years for site inspection; and
(5) At least one of the above 2 contracts shall be completed within the past 12 months or at
final stage; and
(6) These 2 contracts shall be direct contract, which was signed between the applicant and the
employer of the concerned project; and
(7) All statutory forms such as Form WR1 (A) “Electricity Ordinance (Cap. 406) Electricity
(Wiring) Regulations Work Completion Certificate”, Form WWO 46 “Waterworks
Ordinance (Cap. 102) Notification/Application for Constructing, Installing, Altering or
Removing an Inside Service or Fire Service”, etc. shall be issued under the name of the
applicant and/or the Registered Electrical Worker (REW)/ Licensed Plumber (LP)
engaged by the applicant as applicable; and
(8) The applicant shall be able to arrange joint site inspections for the government’s
examination of the quality and workmanship of the submitted job reference within
normal office hours; and
(9) The scope of work for each of these 2 contracts must fulfill all of the following
requirements:
(a) Contract value of the work related to the category under application for inclusion
exceeds 180% of Group I tender limit (See General Notes (2)); and
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
(b) The contract shall cover major scope of works as described in the “Brief Scope of
Category”; and
(a) The subcontract shall include all the relevant work as described under the “Brief
Scope of Category” covered in the main contract; and
(b) The applicant shall have undertaken the full scope of work covered in the
subcontract, solely and fully, including contract management; and
(c) The subcontract shall be signed between the applicant and the main contractor
which is the company awarded with the direct contract by the employer of the
concerned project; and
(d) The aforementioned main contractor shall not be the plumbing installation
contractor for the project work; and
(e) The applicant must present documentary evidence to prove that the above
requirements are met and such evidence must be substantiated by the main
contractor including a letter, which must be signed by the main contractor’s
authorized signatory to confirm that the applicant has met the above requirements
in the subcontract; and
(f) Notwithstanding the above, the Managing Department may seek references on
the applicant’s technical and managerial capabilities from the employer, the
relevant parties of the concerned project and other sources or confirmation on the
authenticity of the proof provided by the applicant from the relevant parties of
the concerned project.
Statutory Registration
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
Quality Management System Certification
Quality Management System certificates issued under the rules of the Hong Kong
Certification Body Accreditation Scheme (HKCAS) operated by the Hong Kong
Accreditation Service (HKAS); i.e. bearing the HKCAS Accreditation Mark, or Quality
Management System certificates bearing the accreditation mark of other accreditation
bodies which are considered as having an equivalent standard by the DEVB.
The scope of certification shall be relevant to the “Brief Scope of the Category” being
applied for, e.g. “supply, installation, repair and maintenance of plumbing work”.
If the scope of certification does not include “maintenance”, the relevant quality
management manual shall have relevant sections for maintenance work that shall include
not only post contract service but also service for separate maintenance contract.
At least one member of the top management shall have a minimum experience of 5 years,
out of which 3 years shall be local experience, in managing an electrical or mechanical
engineering services company obtained in the past eight years. Please refer to General
Notes (1), Item II in this Appendix in respect of continuous capability building
requirement.
Employ adequate nos. of technicians, site supervisors and draftsmen with adequate and
relevant academic qualification and working experience. Please refer to General Notes (1),
Item III in this Appendix in respect of continuous capability building requirement.
Technician 2 nos.
Site supervisor 4 nos.
Draftsman 2 nos.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
3.2.3 Qualified Worker
Employ adequate nos. of Qualified Workers to meet the minimum scores of both (A) and
(B) below in the following trades/ trades divisions:
(A) Plumber
Minimum score required 40 marks
Skilled Plumber 20 marks
Semi-skilled Plumber 15 marks
(B) Electrician
Minimum score required 40 marks
Skilled Electrician 20 marks
Semi-skilled Electrician 15 marks
The LP and REW can be the Qualified Engineer, Technical Support Staff or Qualified
Worker.
Adequate modern drafting and computing facilities; minimum 2 nos. CAD terminals.
Adequate nos. of calibrated testing instruments and equipment / tools for carrying out
installation, operation, maintenance and testing / commissioning services; valid calibration
certificates where applicable for testing instruments shall be available. Refer to Annex 36
for a list of typical equipment / tools and testing instruments required.
5. Office/Workshop Facilities
Local office/workshop in Hong Kong SAR is required. Reasonably sized, suitably
furnished office and workshop/storage areas. In general, the minimum office area shall be
80 m2 and the minimum workshop + storage area shall be 25 m2. Documentary evidence
(e.g. purchase/lease agreement) to prove right of use shall be produced.
6. Others
6.1 Safety
Please refer to General Notes (1), Item IV in this Appendix.
6.2 Integrity
Please refer to General Notes (1), Item V in this Appendix.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
B. Confirmation B. Confirmation
Not Applicable 1. Experience
(1) The applicant has satisfactorily completed, within the past 12 months, at least one relevant
contract executed in HKSAR that satisfies the criteria stipulated in General Notes (3),
awarded after inclusion in the category on probation; and
(2) This contract shall be direct contract, which was signed between the applicant and the
employer of the concerned project; and
(3) All statutory forms such as Form WR1(A) “Electricity Ordinance (Cap. 406) Electricity
(Wiring) Regulations Work Completion Certificate”, Form WWO 46 “Waterworks
Ordinance (Cap. 102) Notification/Application for Constructing, Installing, Altering or
Removing an Inside Service or Fire Service” etc. shall be issued under the name of the
applicant and/or the REW/LP engaged by the applicant as applicable; and
(4) The scope of work for this contract must fulfill all the following requirements:
(a) Contract value of the work related to the category under application for confirmation
exceeds Group I tender limit(See General Notes (2)); and
(b) The contract shall cover major scope of works as described in the “Brief Scope of
Category”; and
(c) The contract shall be of a completely new building construction or a whole building
refurbishment; and
(d) If the contract is a term contract, all of the above requirements 4(a) to 4(c) shall be
fulfilled in one works order.
(5) Subcontract will not be considered as valid job reference unless it can satisfy all of the
following requirements, in addition to the above stated requirements:
(a) The subcontract shall include all the relevant work as described under the “Brief
Scope of Category” covered in the main contract; and
(b) The applicant shall have undertaken the full scope of work covered in the
subcontract, solely and fully, including contract management; and
(c) The subcontract shall be signed between the applicant and the main contractor which
is the company awarded with the direct contract by the employer of the concerned
project; and
(d) The aforementioned main contractor shall not be the plumbing installation contractor
for the project work.
Apart from the above experience requirement, other criteria should be the same as that required
for “A. Entry on Probation”.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
C. Direct Entry C. Direct Entry
1. Experience Not Applicable
General
(1) The applicant shall have adequate experience in the type and size of work of the category,
as stipulated under “Job Reference for Inspection” below, with satisfactory quality of work
compatible with Government standard on and in relation to plumbing installations; and
(2) The applicant shall have adequate experience in contract management of work of the
category, as stipulated under “Job Reference for Inspection” below, including solely and
fully responsible for carrying out contract management and coordination with building
contractor and other building services / electrical and mechanical contractors; and
(3) For job experience outside the HKSAR, evidences as stipulated in the guidance notes of
the application form must also be produced to the satisfaction of the DEVB; otherwise, it
will not be considered as a valid job reference.
Job Reference for Inspection (In addition to the above, every job submitted by the applicant shall
fulfill all requirements set out below; otherwise, it will not be considered as a valid job reference)
(4) The applicant shall submit at least 2 contracts, which were completed within the past 3
years for site inspection; and
(5) At least one of the above 2 contracts shall be completed within the past 12 months or at
final stage; and
(6) These 2 contracts shall be direct contract, which was signed between the applicant and the
employer of the concerned project; and
(7) All statutory forms such as Form WR1(A) “Electricity Ordinance (Cap. 406) Electricity
(Wiring) Regulations Work Completion Certificate”, Form WWO 46 “Waterworks
Ordinance (Cap. 102) Notification/Application for Constructing, Installing, Altering or
Removing an Inside Service or Fire Service” etc. shall be issued under the name of the
applicant and/or the Registered Electrical Worker (REW)/ Licensed Plumber (LP) engaged
by the applicant as applicable; and
(8) The applicant shall be able to arrange joint site inspections for the government’s
examination of the quality and workmanship of the submitted job reference within normal
office hours; and
(9) The scope of work for each of these 2 contracts must fulfill all of the following
requirements:
(a) Contract value of the work related to the category under application for inclusion
exceeds 50% Group I tender limit (See General Notes (2)); and
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
(b) The contract shall cover major scope of works as described in the “Brief Scope of
Category”; and
(c) The contract shall be of a completely new building construction project or a whole
building refurbishment project.
(10) Subcontract will not be considered as valid job reference unless it can satisfy all of the
following requirements, in addition to all the above stated requirements:
(a) The subcontract shall include all the relevant work as described under the “Brief
Scope of Category” covered in the main contract; and
(b) The applicant shall have undertaken the full scope of work covered in the subcontract,
solely and fully, including contract management; and
(c) The subcontract shall be signed between the applicant and the main contractor which
is the company awarded with the direct contract by the employer of the concerned
project; and
(d) The aforementioned main contractor shall not be the plumbing installation contractor
for the project work; and
(e) The applicant must present documentary evidence to prove the above requirements
are met and such evidence must be substantiated by the main contractor including a
letter, which must be signed by the main contractor’s authorized signatory to confirm
that the applicant has met the above requirements in the subcontract; and
(f) Notwithstanding the above, the Managing Department may seek references on the
applicant’s technical and managerial capabilities from the employer, the relevant
parties of the concerned project and other sources or confirmation on the authenticity
of the proof provided by the applicant from the relevant parties of the concerned
project.
2. Registration with relevant authorities in Hong Kong (such as Quality Management
System Certification, Building Authority etc.)
Statutory Registration
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
3. Management and Staff Employment
Technician 2 nos.
Site supervisor 2 nos.
Draftsman 1 no.
3.2.2 Qualified Worker
Employ adequate nos. of Qualified Workers with adequate relevant experience to meet the
minimum scores of both (A) and (B) below in the following trades:
(A) Plumber
Minimum score required 20 marks
Skilled Plumber 20 marks
Semi-skilled Plumber 15 marks
(B) Electrician
Minimum score required 20 marks
Skilled Electrician 20 marks
Semi-skilled Electrician 15 marks
(C) Staff meeting the following statutory registration requirements:
- Licensed Plumber, Grade I, registered under Waterworks Ordinance, Cap. 102. – 1 no.
(minimum)
- REW registered under Electricity Ordinance, Cap. 406. Grade A2 – 1 no. (minimum)
The LP and REW can be the Qualified Engineer, Technical Support Staff or Qualified
Worker.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
4. Plant and Equipment ( See General Notes (4))
Adequate modern drafting and computing facilities; minimum 1 no. CAD terminal.
Adequate nos. of calibrated testing instruments and equipment / tools for carrying out
installation, operation, maintenance and testing / commissioning services; valid calibration
certificates where applicable for testing instruments shall be available. Refer to Annex 36
for a list of typical equipment /tools and testing instruments required.
5. Office/Workshop Facilities
Local office/workshop in the Hong Kong Special Administrative Region (HKSAR) is
required. Reasonably sized, suitably furnished office and workshop/storage areas. In
general, the minimum office area shall be 40 m2 and the minimum workshop + storage area
shall be 15 m2. Documentary evidence (e.g. purchase/lease agreement) to prove right of use
shall be provided.
6. Others
6.1 Safety
Please refer to General Notes (1), Item IV in this Appendix.
6.2 Integrity
Please refer to General Notes (1), Item V in this Appendix.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Works Category : 26. Prestressed Concrete Works for Highway Structures Supplier / Specialist Contractor
Class _____I _____ : Supply and Installation of Prestressing Systems
The scope of work in this category and class covers the supply and installation of prestressing systems for prestressed concrete works for highway structures.
The applicant will be included in this category and class for the supply and installation of a particular prestressing system proposed in the application. The
prestressing system must be a proprietary product.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
1. Experience
Satisfactory completion of at least 3 projects in supply and installation of the prestressing system in the past 3 years, each with a value of $1.7M or more. References on these projects from
consulting engineers (architects or clients if there is no consulting engineer) must be submitted which may be verified by paying site visits.
2. Registration with relevant authorities in Hong Kong (such as Quality Management System Certification, Building Authority etc.)
The manufacturer for the prestressing systems shall be operating a quality management system certified by an internationally recognized certifying body.
3. Management and Staff Employment
3.1 Top Management(See General Notes (1), Item II)
At least one top management with one year of relevant professional and management experience is required. Documentary proof shall be submitted to demonstrate sufficient commitment
for control of the works. Please refer to General Notes (1), Item II in this Appendix in respect of continuous capability building requirement.
3.2 Technical Staff
a. At least one professional staff possessing suitable professional qualification (HKIE Corporate Member or equivalent) experienced in the design of prestressed concrete bridges and
the installation of prestressing systems is required.
b. At least two technical staff at supervisory level experienced in the installation of prestressing systems are required.
c. Local workforce capable of installing prestressing systems: At least 3 registered skilled workers of trade division “Prestressing Operative” in the trade “Prestressing Operative” under
the Construction Workers Registration Ordinance are required. Copy of valid construction workers registration cards shall be submitted.
All the named technical staff shall be under full time employment. Proof of valid employment, e.g., employment contracts, MPF records, etc. shall be submitted. Please refer to General
Notes (1), Item III in this Appendix in respect of continuous capability building requirement.
4. Plant and Equipment(See General Notes (4))
a. Prestressing jack.
b. Mechanical grout pump.
c. Mechanical grout mixer.
d. Strand feeder.
5. Office/Workshop Facilities
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
7. Others
7.1 Safety: Please refer to General Notes (1), Item IV in this Appendix.
7.2 Integrity: Please refer to General Notes (1), Item V in this Appendix.
7.3 Satisfactory technical information and method statements. Works must comply with Section 17 of the General Specification for Civil Engineering Works. Other equivalent national
standards may be considered in lieu of the standards referred to in the Specification. Technical and testing report from an approved independent organisation to confirm compliance
with the above standards must be submitted.
7.4 The manufacturer for the prestressing systems and the applicant must have established acceptable manufacturing and installation procedures and fully documented quality assurance
systems. Visit to the factory may be required for this purpose. If such visits are not practicable, the applicant may be required to arrange for an independent report at his own cost.
7.5 Applicants will be required to complete a standard questionnaire entitled “Questionnaire for Application for Inclusion in the List / Pre-application vetting” (Questionnaire) and submit/
supplement all the necessary supporting documents in the application for inclusion into the category. In completing the questionnaire, reference can be made to the “Guidelines for
Applicants in Completing the Questionnaire for Application for Inclusion in the List / Pre-application vetting” (Guidelines). The Questionnaire and the Guidelines can be obtained
from the website, http://www.hyd.gov.hk/en/public_forms/index.html. The “pre-application vetting mechanism” stated in paragraph 3.3.4 in this Handbook is applicable to this category
with details stated in the Guidelines.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Works Category : 26. Prestressed Concrete Works for Highway Structures Supplier / Specialist Contractor
Class _____II_____: Supply of Prestressed Concrete Units
The scope of work in this category and class covers the supply of prestressed concrete units for highway structures. The applicant will be included in this
category and class for a particular prestressing system proposed in the application. The prestressing system must be a proprietary product.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
1. Job Experience
Satisfactory completion of at least 3 projects in the fabrication of prestressed concrete units in the past 3 years, each with a value of $3.4M or more. References on these projects from
consulting engineers (architects or clients if there is no consulting engineer) must be submitted which may be verified by paying site visits.
2. Registration with relevant authorities in Hong Kong (such as Quality Management System Certification, Building Authority etc.)
The manufacturer for the prestressing systems shall be operating a quality management system certified by an internationally recognized certifying body.
3. Management and Staff Employment
3.1 Top Management(See General Notes (1), Item II)
At least one top management with one year of relevant professional and management experience is required. Documentary proof shall be submitted to demonstrate sufficient commitment
for control of the works. Please refer to General Notes (1), Item II in this Appendix in respect of continuous capability building requirement.
3.2 Technical Staff
a. At least one professional staff possessing suitable professional qualifications (HKIE Corporate Member or equivalent) experienced in the design of prestressed concrete bridges and the
installation of prestressing systems is required.
b. At least two technical staff at supervisory level experienced in the installation of prestressing systems are required.
c. Workforce experienced in precast and prestressed concrete works. At least 3 registered skilled workers of trade division “Prestressing Operative” in the trade “Prestressing Operative”
under the Construction Workers Registration Ordinance are required. Copy of valid construction workers registration cards shall be submitted.
All the named Technical Staff shall be under full time employment. Proof of valid employment, e.g., employment contracts, MPF records, etc. shall be submitted. Please refer to General
Notes (1), Item III in this Appendix in respect of continuous capability building requirement.
4. Plant and Equipment(See General Notes (4))
a. Lifting crane.
b. Prestressing jacks.
c. Mechanical grout pumps.
d. Mechanical grout mixer.
e. Concrete mixer.
f. Concrete vibrator.
g. Necessary equipment to fabricate casting moulds complete with tendon/strand anchor fittings.
h. Concrete batching plant.
i. Equipment for testing concrete.
j. Curing facilities.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
5. Office/Workshop Facilities
Local office in Hong Kong is required. The applicant must possess a permanent casting yard with the equipment listed above and adequate storage space.
6. Training Facilities
Not Applicable
7. Others
7.1 Integrity: Please refer to General Notes (1), Item V in this Appendix.
7.2 Satisfactory technical information and method statements. Works must comply with Sections 14, 15, 16 & 17 of the General Specification for Civil Engineering Works. Other
equivalent national standards may be considered in lieu of the standards referred to in the Specification. Technical and testing report from an approved independent organisation to
confirm compliance with the above standards must be submitted.
7.3 The manufacturer for the prestressing systems and the applicant must have established acceptable manufacturing procedures and fully documented quality assurance systems. Visit
to the permanent casting yard may be required for this purpose. If such visits are not practicable, the applicant may be required to arrange for an independent report at his own cost.
7.4 Applicants will be required to complete a standard questionnaire entitled “Questionnaire for Application for Inclusion in the List / Pre-application vetting” (Questionnaire) and submit/
supplement all the necessary supporting documents in the application for inclusion into the category. In completing the questionnaire, reference can be made to the “Guidelines for
Applicants in Completing the Questionnaire for Application for Inclusion in the List / Pre-application vetting” (Guidelines). The Questionnaire and the Guidelines can be obtained
from the website, http://www.hyd.gov.hk/en/public_forms/index.html. The “pre-application vetting mechanism” stated in paragraph 3.3.4 in this Handbook is applicable to this
category with details stated in the Guidelines.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
The scope of work in this category covers the supply, installation and maintenance of VHF/UHF radio transceiver, basestation, repeater, microwave radio
system and related ancillary equipment at hilltop site and different venues.
Definition of Probationary Status (Para. 7.5.3 is not applicable for this category)
Eligible for the award of a maximum of two contracts/subcontracts provided that the total value of works in this category does not exceed $5.5 million
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
General (1) The applicant has satisfactorily completed, within the General
past 12 months, at least one relevant contract executed in
(1) The applicant shall have adequate experience in the HKSAR that satisfies the criteria stipulated in General (1) The applicant shall have adequate experience in the
type and size of work of the category, as stipulated Notes (3), awarded after inclusion in the category on type and size of work of the category, as stipulated
under “Job Reference for Inspection” below, with probation; and under “Job Reference for Inspection” below, with
satisfactory quality of work compatible with satisfactory quality of work compatible with
Government standard on and in relation to radio (2) This contract shall be direct contract, which was signed Government standard on and in relation to radio
electronics installations; and between the applicant and the employer of the concerned electronics installations; and
project; and
(2) The applicant shall have adequate experience in (2) The applicant shall have adequate experience in
contract management of work of the category, as (3) The scope of work for this contract must fulfill all the contract management of work of the category, as
stipulated under “Job Reference for Inspection” following requirements: stipulated under “Job Reference for Inspection”
below, including solely and fully responsibility for below, including solely and fully responsibility for
carrying out contract management and coordination (a) Contract value of the work related to the category carrying out contract management and coordination
with building contractor and other building services under application for confirmation exceeds $0.3M; with building contractor and other building services
/ electrical and mechanical contractors; and and / electrical and mechanical contractors; and
(3) For job experience outside the HKSAR, evidences as (b) The contract shall cover the nature of works as (3) For job experience outside the HKSAR, evidences as
stipulated in the guidance notes of the application described in the “Brief Scope of Category”; and stipulated in the guidance notes of the application
form must also be produced to the satisfaction of the form must also be produced to the satisfaction of the
DEVB; otherwise, it will not be considered as a valid (c) If the contract is a term contract, all of the above DEVB; otherwise, it will not be considered as a valid
job reference. requirements 3 (a) and 3 (b) shall be fulfilled in one job reference.
works order.
Job Reference for Inspection (In addition to the above, every Job Reference for Inspection (In addition to the above, every
job submitted by the applicant shall fulfill all requirements set (4) Subcontract will not be considered as valid job reference job submitted by the applicant shall fulfill all requirements set
out below; otherwise, it will not be considered as a valid job unless it can satisfy all of the following requirements, in out below; otherwise, it will not be considered as a valid job
reference) addition to all the above stated requirements: reference)
(4) The applicant shall submit at least 2 contracts, which (a) The subcontract shall include all the relevant work (4) The applicant shall submit at least 2 contracts, which
were completed within the past 3 years for site as described under the “Brief Scope of Category” were completed within the past 3 years for site
inspection; and covered in the main contract; and inspection; and
(5) At least one of the above 2 contracts shall be (b) The applicant shall have undertaken the full scope (5) At least one of the above 2 contracts shall be
completed within the past 12 months or at final stage; of work covered in the subcontract, solely and completed within the past 12 months or at final
and fully, including contract management; and stage; and
(6) These 2 contracts shall be direct contract, which was (c) The party by which the applicant is awarded with (6) These 2 contracts shall be direct contract, which was
signed between the applicant and the employer of the the subcontract, and the upstream contracting signed between the applicant and the employer of the
concerned project; and parties up to and including the main contractor, concerned project; and
which is the company awarded with the direct
(7) The applicant shall be able to arrange joint site contract by the employer of the concerned project, (7) The applicant shall be able to arrange joint site
inspections for the government’s examination of the all shall not be the radio electronics installation inspections for the government’s examination of the
quality and workmanship of the submitted job contractor for the project work. quality and workmanship of the submitted job
reference within normal office hours; and reference within normal office hours; and
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
(a) Contract value of the work related to the (a) Contract value of the work related to the
category under application for inclusion category under application for inclusion
exceeds $0.3M; and exceeds $0.8M; and
(b) The contract shall cover the nature of works as (b) The contract shall cover the nature of works as
described in the “Brief Scope of Category”. described in the “Brief Scope of Category”.
(9) Subcontract will not be considered as valid job (9) Subcontract will not be considered as valid job
reference unless it can satisfy all of the following reference unless it can satisfy all of the following
requirements, in addition to all the above stated requirements, in addition to all the above stated
requirements: requirements:
(a) The subcontract shall include all the relevant (a) The subcontract shall include all the relevant
work as described under the “Brief Scope of work as described under the “Brief Scope of
Category” covered in the main contract; and Category” covered in the main contract; and
(b) The applicant shall have undertaken the full (b) The applicant shall have undertaken the full
scope of work covered in the subcontract, scope of work covered in the subcontract,
solely and fully, including contract solely and fully, including contract
management; and management; and
(c) The party by which the applicant is awarded (c) The party by which the applicant is awarded
with the subcontract, and the upstream with the subcontract, and the upstream
contracting parties up to and including the main contracting parties up to and including the
contractor, which is the company awarded with main contractor, which is the company
the direct contract by the employer of the awarded with the direct contract by the
concerned project, all shall not be the radio employer of the concerned project, all shall
electronics installation contractor for the not be the radio electronics installation
project work; and contractor for the project work; and
(d) The applicant must present documentary (d) The applicant must present documentary
evidence to prove the above requirements are evidence to prove the above requirements are
met and such evidence must be substantiated by met and such evidence must be substantiated
all the relevant upstream contracting parties as by all the relevant upstream contracting
mentioned at (c) above including letters from parties as mentioned at (c) above including
them, which must be signed by their authorized letters from them, which must be signed by
signatories to confirm that the applicant has met their authorized signatories to confirm that the
the above requirements in the subcontract; and applicant has met the above requirements in
the subcontract; and
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
2.1 Top Management (See General Notes (1), Item II) 2.1 Top Management (See General Notes (1), Item II)
At least one member of the top management shall have a At least one member of the top management shall have a
minimum experience of 5 years, out of which 3 years shall minimum experience of 5 years, out of which 3 years shall
be local experience, in managing an electrical or be local experience, in managing an electrical or
mechanical engineering services company obtained in the mechanical engineering services company obtained in the
past eight years. Please refer to General Notes (1), Item II past eight years. Please refer to General Notes (1), Item II
in this Appendix in respect of continuous capability in this Appendix in respect of continuous capability
building requirement. building requirement.
2.2 Technical Staff (See Annex 1 for definition of Staff 2.2 Technical Staff (See Annex 1 for definition of Staff
Qualification) Qualification)
Employ adequate nos. of technicians, site supervisors and Employ adequate nos. of technicians, site supervisors and
draftsmen with adequate and relevant academic draftsmen with adequate and relevant academic
qualification and working experience. Please refer to qualification and working experience. Please refer to
General Notes (1), Item III in this Appendix in respect of General Notes (1), Item III in this Appendix in respect of
continuous capability building requirement. continuous capability building requirement.
Employ adequate nos. of Qualified Workers in the Employ adequate nos. of Qualified Workers in the
following trades/trade divisions: following trades/trade divisions:
Electronic Equipment Mechanic (Construction Work) Electronic Equipment Mechanic (Construction Work)
Minimum score required 40 marks Minimum score required 40 marks
Skilled Electronics Equipment Mechanic 20 marks Skilled Electronics Equipment Mechanic 20 marks
(Construction Work) (Construction Work)
Semi-skilled Electronics Equipment 15 marks Semi-skilled Electronics Equipment 15 marks
Mechanic (Construction Work) Mechanic (Construction Work)
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
3. Plant and Equipment(See General Notes (4)) 3. Plant and Equipment(See General Notes (4))
Adequate modern drafting and computing facilities; Adequate modern drafting and computing facilities;
minimum 1 no. CAD terminal. Adequate nos. of minimum 1 no. CAD terminal. Adequate nos. of
calibrated testing instruments and equipment/tools for calibrated testing instruments and equipment/tools for
carrying out installation, operation, maintenance and carrying out installation, operation, maintenance and
testing/commissioning services; valid calibration testing/commissioning services; valid calibration
certificates for testing instruments shall be available. Refer certificates for testing instruments shall be available. Refer
Annex 25 for list of typical equipment/tools and testing Annex 25 for list of typical equipment/tools and testing
instruments required. instruments required.
Local office/workshop in Hong Kong SAR is required. Local office/workshop in Hong Kong SAR is required.
Reasonably sized, suitably furnished office and Reasonably sized, suitably furnished office and
workshop/storage areas. In general, the minimum office workshop/storage areas. In general, the minimum office
area shall be 40 m2 and the minimum workshop + storage area shall be 40 m2 and the minimum workshop + storage
area shall be 25 m2. Documentary evidence (e.g. area shall be 25 m2. Documentary evidence (e.g.
purchase/lease agreement) to prove right of use shall be purchase/lease agreement) to prove right of use shall be
produced. produced.
5. Others 5. Others
Please refer to General Notes (1), Item IV in this Appendix. Please refer to General Notes (1), Item IV in this
Appendix.
5.2 Integrity
5.2 Integrity
Please refer to General Notes (1), Item V in this Appendix.
Please refer to General Notes (1), Item V in this Appendix.
5.3 Authorized Agency
5.3 Authorized Agency
Preferably be an authorized agent in HKSAR for essential
equipment. Documentary evidence such as authorized Preferably be an authorized agent in HKSAR for essential
agency agreements shall be available. equipment. Documentary evidence such as authorized
agency agreements shall be available.
5.4 Support from Principal
5.4 Support from Principal
Technical support from principal(s) of relevant agency is
desirable. Applicant to demonstrate scope and extent (such Technical support from principal(s) of relevant agency is
as design, backup on installation / maintenance etc.) of desirable. Applicant to demonstrate scope and extent (such
support. as design, backup on installation / maintenance etc.) of
support.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Works Category : 28. Repair and Restoration of Historic Buildings Specialist Contractor
The scope of work in this category covers the repair and restoration of historic buildings and structures.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
1. Experience
(i) At least 3 examples of relevant works carried out in Hong Kong within the past 5 years
(ii) Subcontract will not be considered as valid job reference unless it can satisfy all of the following requirements, in addition to all the above stated requirements:
(a) The subcontract shall include all the relevant work as described under the “Brief Scope of Category” covered in the main contract; and
(b) The applicant shall have undertaken the full scope of work covered in the subcontract, solely and fully, including contract management; and
(c) The subcontract shall be signed between the applicant and the main contractor which is the company awarded with the direct contract by the employer of the concerned project;
and
(d) The aforementioned main contractor shall not be the Repair and Restoration of Historic Buildings contractor for the project work; and
(e) The applicant must present documentary evidence to prove the above requirements are met and such evidence must be substantiated by the main contractor including a letter,
which must be signed by the main contractor’s authorized signatory to confirm that the applicant has met the above requirements in the subcontract; and
(f) Notwithstanding the above, the Managing Department may seek references on the applicant’s technical and managerial capabilities from the employer, the relevant parties of
the concerned project and other sources or confirmation on the authenticity of the proof provided by the applicant from the relevant parties of the concerned project.
2. Registration with relevant authorities in Hong Kong (such as Quality Management System Certification, Building Authority etc.)
Not Applicable
3. Management and Staff Employment
3.1 Top Management(See General Notes (1), Item II)
Adequate standard of administration and 1 no. of full time site foreman with more than 3 years of relevant conservation working experience and training. Please refer to General Notes (1),
Item II in this Appendix in respect of continuous capability building requirements.
3.2 Technical Staff
Specialist skilled workers with adequate qualification and skill in timber carvings, decorative plasterworks, decorative painting and artworks.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
The scope of work in this category covers the laying of the various road markings.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
References on these projects from consulting engineers References on these projects from consulting engineers
(architects or clients if there is no consulting engineer) (architects or clients if there is no consulting engineer)
must be submitted which may be verified by paying site must be submitted which may be verified by paying site
visits. visits.
2. Registration with relevant authorities in Hong Kong 2. Registration with relevant authorities in Hong Kong
(such as Quality Management System Certification, (such as Quality Management System Certification,
Building Authority etc.) Building Authority etc.)
3.1 Top Management(See General Notes (1), Item II) 3.1 Top Management(See General Notes (1), Item II)
At least one member of the top management shall have a At least one member of top management shall have a
minimum experience with five years, out of which three minimum experience with five years, out of which three
years shall be local experience, in managing a construction years shall be local experience, in managing a construction
firm obtained in the past eight years. firm obtained in the past eight years.
Please refer to General Notes (1), Item II in this Appendix Please refer to General Notes (1), Item II in this Appendix
in respect of continuous capability building requirement. in respect of continuous capability building requirement.
Technical staff and work force experienced in road Technical staff and work force experienced in road
marking works. marking works.
Please refer to General Notes (1), Item II in this Appendix Please refer to General Notes (1), Item II in this Appendix
in respect of continuous capability building requirement in respect of continuous capability building requirement for
for supervisory grade technical staff. supervisory grade technical staff.
4. Plant and Equipment(See General Notes (4)) 4. Plant and Equipment(See General Notes (4))
Adequate equipment required for thermoplastic road Adequate equipment required for thermoplastic road
markings : markings :
a. Screeding machine. a. Screeding machine.
b. Grinding machine. b. Grinding machine.
c. Twin preheater. c. Twin preheater.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
7. Others 7. Others
7.1 Safety: Please refer to General Notes (1), Item IV in 7.1 Safety: Please refer to General Notes (1), Item IV in
this Appendix. this Appendix.
7.2 Integrity: Please refer to General Notes (1), Item V in 7.2 Integrity: Please refer to General Notes (1), Item V in
this Appendix. this Appendix.
7.3 Satisfactory technical information and method 7.3 Satisfactory technical information and method
statements. Works must comply with Section 12 of statements. Works must comply with Section 12 of General
General Specification for Civil Engineering Works. Other Specification for Civil Engineering Works. Other
equivalent national standards may be considered in lieu of equivalent national standards may be considered in lieu of
the standards referred to in the Specification. the standards referred to in the Specification.
7.4 Satisfactory site demonstration on laying various types 7.4 Satisfactory site demonstration on laying various types
of road marking materials to demonstrate that the laying of road marking materials to demonstrate that the laying
techniques and workmanship comply with the specified techniques and workmanship comply with the specified
requirements. For detailed requirements of the site requirements. For detailed requirements of the site
demonstration, please refer to the “Guidelines for demonstration, please refer to the “Guidelines for
Applicants in Completing the Questionnaire for Pre- Applicants in Completing the Questionnaire for Pre-
application Vetting” (Guidelines) for application for application Vetting” (Guidelines) for application for
inclusion in the “Road Marking” Category of the inclusion in the “Road Marking” Category of the Specialist
Specialist List. List.
7.5 Applicants are required to complete a standard 7.5 Applicants are required to complete a standard
questionnaire “Application for Inclusion in the List – questionnaire “Application for Inclusion in the List –
Questionnaire for Pre-application Vetting” Questionnaire for Pre-application Vetting” (Questionnaire)
(Questionnaire) and submit/ supplement all the necessary and submit/ supplement all the necessary supporting
supporting documents in the application for inclusion into documents in the application for inclusion into the
the category. The Questionnaire and the Guidelines can category. The Questionnaire and the Guidelines can be
be obtained from the website of Highways Department, obtained from the website of Highways Department,
http://www.hyd.gov.hk/en/public_forms/index.html. http://www.hyd.gov.hk/en/public_forms/index.html.
The “pre-application vetting mechanism” stated in The “pre-application vetting mechanism” stated in
paragraph 3.3.4 in this Handbook is applicable to this paragraph 3.3.4 in this Handbook is applicable to this
category with details stated in the Guidelines. category with details stated in the Guidelines.
7.6 Other additional requirements shall be referred to the 7.6 Other additional requirements shall be referred to the
Guidelines and the Questionnaire. Guidelines and the Questionnaire.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Contractors (or Laboratories) under this category shall provide services for testing of soil and rock samples which originate from ground investigation carried
out in Hong Kong.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
1. Experience
The Laboratory shall be able to provide at least the following services:
(a) All soil tests included in Geospec 3 except the determination of particle size distribution by the pipette method (Test Methods 8.3 and 8.4), the determination of in-situ bulk density and
in-situ dry density of soils by nuclear densometer method (Test Method 11.3), the determination of relative compaction of fill material (Test Method 11.4) and the direct shear test using
large shear box apparatus (Test Method 16.2).
(b) Preparation of soils from tube and block samples for examination, description and determination of bulk and dry densities, void ratio and degree of saturation.
(c) Point load test on rock and the determination of water content, porosity and dry density of rock.
(d) Determination of the direct shear strength of rock discontinuities.
(e) Description of soil and rock to Geoguide 3.
2. Registration with relevant authorities in Hong Kong (such as Quality Management System Certification, Building Authority etc.)
The Laboratory must have a quality system which meets the requirements of the Hong Kong Laboratory Accreditation Scheme (HOKLAS) appropriate to the testing services being provided,
and be accredited by Hong Kong Accreditation Service (HKAS) under the HOKLAS for the prescribed soil tests. The full scope of accreditation shall be maintained at all times. If any
amendments to Geospec 3 are promulgated in whatsoever form, the Laboratory shall seek and obtain accreditation for the relevant tests incorporating the amendments.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
Option B
Obtained an Ordinary Certificate in Civil Engineering from a Hong Kong Polytechnic/Polytechnic University or Hong Kong Institute of Vocational Education/technical college/technical
institute, or Diploma in Civil Engineering or Testing & Certification at Hong Kong Qualifications Framework (HKQF) Level 3 or above, or equivalent approved by the Government,
and have a minimum of seven years of post-qualification experience in construction materials testing, with at least two years in the relevant types of soil and rock tests, one year of
which shall be in a supervisory role.
Option C
Have Level 2 or above in five New Senior Secondary (NSS) subjects including Physics, Compulsory Part in Mathematics and English Language in the Hong Kong Diploma of Secondary
Education Examination (HKDSEE)[Note (1)], or equivalent approved by the Government[Notes (2) & (3)], and have a minimum of ten years of post-qualification experience in construction
materials testing, with at least two years in the relevant types of soil and rock tests, one year of which shall be in a supervisory role.
Notes:
(1) “Attained” in Applied Learning subjects (subject to a maximum of two Applied Learning subjects), and Grade E in Other Language subjects in the HKDSEE are accepted as equivalent to Level 2 in the New Senior
Secondary subjects in the HKDSEE.
(2) Grade E or Level 2 in subjects other than English Language (see Note (3)) in HKCEE are accepted administratively comparable to Level 2 in NSS subjects in HKDSEE.
(3) Results/qualifications deemed to be equivalent to Level 2 in English Language in HKDSEE may include:
(i) Level 2 in English Language in the 2007 HKCEE and henceforth;
(ii) Grade E in English Language (Syllabus B) or Grade C in English Language (Syllabus A) in the HKCEE before 2007;
(iii) Grade D in English Language in International General Certificate of Secondary Education [IGCSE] or UK General Certificate of Secondary Education [GCSE] or General Certificate of Education ‘Ordinary’ Level
[GCE O Level];
(iv) Grade E in English Language in Hong Kong Higher Level Examination or General Certificate of Education ‘Advanced Subsidiary’ Level [GCE AS Level];
(v) Foundation Diploma or Foundation Diploma (Level 3) commencing 2013 awarded by Vocational Training Council; and
(vi) Full Project Springboard/Project Yi Jin certificate or Yi Jin Diploma commencing 2013.
Quality Manager, Laboratory Manager and the Signatories shall comply with the continuous capability building requirement as detailed in General Notes (1), Item II in this Appendix.
Apart from the minimum hours required for safety and integrity related events, the remaining event(s) shall be related to soil and rock laboratory testing.
3.2 Technical Staff
All technical staff below shall satisfy the minimum qualifications, training and experience requirements prescribed below. Staff competence will be assessed.
(a) Senior Laboratory Technician (minimum 1 no.) – responsible for organizing the testing operations
(b) Laboratory Technicians (minimum 2 nos.) – responsible for carrying out testing and reporting
(c) Laboratory Assistants (minimum 2 nos.) – responsible for simple tests under supervision
(d) Semi-skilled Staff (adequate no.) – responsible for assisting in all tests under supervision
Qualifications, Training and Experience Requirements:
(a) Senior Laboratory Technician
The person shall satisfy the minimum qualification, training and experience requirements given in either Option 1, 2, 3 or 4 below:
Option 1
Be a qualified Laboratory Technician satisfying the minimum qualification and training requirements in Option 1 for Laboratory Technicians as defined in 4(b) below, and have a
minimum of three years of experience in construction materials testing, with at least two years in the relevant types of soil and rock tests. Records of such experience shall be
certified as accurate by the Signatory.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
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Option 2
Be a qualified Laboratory Technician satisfying the minimum qualification and training requirements in Option 2 for Laboratory Technicians as defined in 4(b) below, and have a
minimum of six years of experience in construction materials testing, with at least two years in the relevant types of soil and rock tests. Records of such experience shall be
certified as accurate by the Signatory.
Option 3
Be a qualified Laboratory Technician satisfying the minimum qualification and training requirements in Option 3 for Laboratory Technicians as defined in 4(b) below with attainment
of additional relevant Units of Competency (UoC) 105767L5, 105894L4, 105960L5 and 105969L4, and have a minimum of six years of experience in construction materials testing,
with at least two years in the relevant types of soil and rock tests. Records of such experience shall be certified as accurate by the Signatory.
Option 4
Be a qualified Laboratory Technician satisfying the minimum qualification and training requirements in Option 4 for Laboratory Technicians as defined in 4(b) below, and have a
minimum of eight years of experience in construction materials testing, with at least two years in the relevant types of soil and rock tests. Records of such experience shall be
certified as accurate by the Signatory.
Senior Laboratory Technician shall comply with the continuous capability building requirement as detailed in General Notes (1), Item III in this Appendix. Apart from the minimum
hours required for safety and integrity related events, the remaining event(s) shall be related to soil and rock laboratory testing.
(b) Laboratory Technicians
The persons shall satisfy the minimum qualification, training and experience requirements given under Option 1, 2, 3 or 4 below:
Option 1
Obtained an Ordinary Certificate in Civil Engineering from a Hong Kong Polytechnic/Polytechnic University or Hong Kong Institute of Vocational Education/technical college/technical
institute, or Diploma in Civil Engineering or Testing & Certification at Hong Kong Qualifications Framework (HKQF) Level 3 or above, or equivalent approved by the Government,
and have adequate on-the-job training on the practical and technical aspects of testing covering each of the tests to be carried out
Option 2
Have Level 2 or above in five New Senior Secondary (NSS) subjects including Physics, Compulsory Part in Mathematics and English Language in the Hong Kong Diploma of Secondary
Education Examination (HKDSEE)[Note (1)], or equivalent approved by the Government[Notes (2) & (3)], and have adequate on-the-job training on the practical and technical aspects of testing
covering each of the tests to be carried out
Option 3
Be a qualified Laboratory Assistant as defined in 4(c) below, have Level 2 or above in English Language in the Hong Kong Diploma of Secondary Education Examination (HKDSEE),
or equivalent approved by the Government[Note (3)] and attainment of Hong Kong Qualifications Framework (HKQF) Level 3 competency or above in relevant areas including relevant
Units of Competency (UoC) 105834L5, 105835L4, 105845L3, 105873L3, 105961L4 and 105973L3, and have adequate on-the-job training on the practical and technical aspects of
testing covering each of the tests to be carried out.
Option 4
Be a qualified Laboratory Assistant as defined in 4(c) below, have Level 2 or above in English Language in the Hong Kong Diploma of Secondary Education Examination (HKDSEE),
or equivalent approved by the Government [Note (3)], and have a minimum of two years of post-qualification experience in the relevant types of tests and adequate on-the-job training on
the practical and technical aspects of testing covering each of the tests to be carried out. Records of such experience shall be certified as accurate by the supervising Senior Laboratory
Technician or Signatory.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
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(c) Laboratory Assistants
The persons shall be able to read and understand the work instructions of the Laboratory and have adequate on-the-job training on the practical and technical aspects of testing covering
each of the tests to be carried out.
(d) Semi-skilled Staff
The persons shall have adequate training in the operations required to be performed in the Laboratory.
Notes:
(1) “Attained” in Applied Learning subjects (subject to a maximum of two Applied Learning subjects), and Grade E in Other Language subjects in the HKDSEE are accepted as equivalent to Level 2 in the New Senior
Secondary subjects in the HKDSEE.
(2) Grade E or Level 2 in subjects other than English Language (see Note (3)) in HKCEE are accepted administratively comparable to Level 2 in NSS subjects in HKDSEE.
(3) Results/qualifications deemed to be equivalent to Level 2 in English Language in HKDSEE may include:
(i) Level 2 in English Language in the 2007 HKCEE and henceforth;
(ii) Grade E in English Language (Syllabus B) or Grade C in English Language (Syllabus A) in the HKCEE before 2007;
(iii) Grade D in English Language in International General Certificate of Secondary Education [IGCSE] or UK General Certificate of Secondary Education [GCSE] or General Certificate of Education ‘Ordinary’
Level [GCE O Level];
(iv) Grade E in English Language in Hong Kong Higher Level Examination or General Certificate of Education ‘Advanced Subsidiary’ Level [GCE AS Level];
(v) Foundation Diploma or Foundation Diploma (Level 3) commencing 2013 awarded by Vocational Training Council; and
(vi) Full Project Springboard/Project Yi Jin certificate or Yi Jin Diploma commencing 2013.
5. Office/Workshop Facilities
All applicants must possess or set up a place of business in Hong Kong. Laboratory set-up, equipment and accommodation will be audited and assessed.
6. Training Facilities
Training records/competence log on technical staff are required.
7. Others
7.1 Integrity: Please refer to General Notes (1), Item V in this Appendix.
7.2 The prescribed minimum numbers of management and technical staff shall be working full-time for the Laboratory. The Laboratory must have satisfactory accommodation and equipment
to carry out the prescribed soil and rock tests to relevant testing standards. It must demonstrate that it continues to satisfy all the criteria through submission of documentary evidence and
records, and during audit visits by Government representatives. It must also demonstrate satisfactory performance in proficiency testing arranged from time to time.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
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7.3 When applying to enter the Specialist List, the Laboratory shall provide copies of the following to the Government for assessment:
(a) quality manuals (including test method manuals);
(b) a test directory listing all soil and rock tests which the Laboratory can perform and the test methods (including the version of amendments to relevant test standards) adopted;
(c) organization chart of the Laboratory;
(d) a list of the names of the proposed main and reserve Signatories, Quality Manager and Laboratory Manager, and of the Laboratory’s Technical Personnel, as well as curriculum vitae
giving their qualifications and experience, together with self-declaration letters on their full-time employment status with the Laboratory;
(e) a competence log sheet giving the tests/operations which each of the Technical Personnel is competent to perform/supervise;
(f) a plan showing the layout and dimensions of the testing areas and sample storage and preparation areas of the Laboratory, with environment controls stated on it; and
(g) a schedule giving the name of the manufacturer, model, identification marking, specification details of major equipment (including triaxial, direct shear, oedometer, CBR and point
load tests equipment) and their calibration records required for carrying out the tests.
7.4 On acceptance on the Specialist List, whenever changes to any of the above items (including changes of staff) have taken place, the Laboratory shall provide updated copies of the item
to the Government within one week of the change taking place. Also, in January and July each year, the Laboratory shall submit to the Government the latest organization chart of the
Laboratory and a summary of the total number of tests carried out for each type of standard and non-standard tests in the preceding six months for both Government and other clients.
7.5 Government representatives may carry out quality or technical audits of the Laboratory at any time. The Laboratory shall provide every assistance to enable the audits to be carried out.
During the audits, the Laboratory’s records related to the tests carried out (including records of calibration and checking of equipment), as well as training records, internal audit records and
proof of qualifications and experience of personnel may be examined. Laboratory Personnel may be interviewed and required to perform specific tests and calibrations in part or in full.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Works Category : 31. Specialized Operations for Highway Structures Specialist Contractor
Class I : Guniting
The scope of work in this category and class covers the guniting works for construction and/or repair of concrete highway structures.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
1. Experience
Satisfactory completion of at least 3 projects in guniting works for the construction and/or repair of concrete structures in the past 3 years, each with a value of $0.17 M or more. References
on these projects from consulting engineers (architects or clients if there is no consulting engineer) must be submitted which may be verified by paying site visits.
2. Registration with relevant authorities in Hong Kong (such as Quality Management System Certification, Building Authority etc.)
Not Applicable
At least one top management with one year of relevant professional and management experience is required. Documentary proof shall be submitted to demonstrate sufficient commitment
for control of the works. Please refer to General Notes (1), Item II in this Appendix in respect of continuous capability building requirement.
Local skilled workforce in guniting - At least 2 registered skilled workers of trade division “Shotcretor” in the trade “Concrete and Grouting Worker” under the Construction Workers
Registration Ordinance are required. Copy of valid construction workers registration cards shall be submitted.
The named technical staff shall be under full time employment. Proof of valid employment, e.g., employment contracts, MPF records, etc. shall be submitted.
a. Air compressor.
b. Gunite machine with necessary accessories.
c. Concrete breaking hammer (pneumatic/electric).
d. Scabbling hammer.
e. Spray machine with spray gun.
f. Water jet pump.
5. Office/Workshop Facilities
6. Training Facilities
Not Applicable
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
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7. Others
7.1 Safety: Please refer to General Notes (1), Item IV in this Appendix.
7.2 Integrity: Please refer to General Notes (1), Item V in this Appendix.
7.4 Satisfactory site demonstrations. The applicant is also required to demonstrate procedures for the treatment of corroded reinforcement prior to guniting.
7.5 Applicants will be required to complete a standard questionnaire entitled “Questionnaire for Application for Inclusion in the List / Pre-application vetting” (Questionnaire) and submit/
supplement all the necessary supporting documents in the application for inclusion into the category. In completing the questionnaire, reference can be made to the “Guidelines for
Applicants in Completing the Questionnaire for Application for Inclusion in the List / Pre-application vetting” (Guidelines). The Questionnaire and the Guidelines can be obtained
from the website, http://www.hyd.gov.hk/en/public_forms/index.html. The “pre-application vetting mechanism” stated in paragraph 3.3.4 in this Handbook is applicable to this
category with details stated in the Guidelines.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Works Category : 31. Specialized Operations for Highway Structures Specialist Contractor
Class II : Waterproofing of Concrete Surfaces
The scope of work in this category and class covers the waterproofing of surfaces of concrete highway structures, e.g. footbridge roofs or the like.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
1. Experience
Satisfactory completion of at least 3 projects in waterproofing of surfaces of concrete highway structures in the past 3 years, each with a value of $0.34 M or more. References on these
projects from consulting engineers (architects or clients if there is no consulting engineer) must be submitted which may be verified by paying site visits.
2. Registration with relevant authorities in Hong Kong (such as Quality Management System Certification, Building Authority etc.)
Not Applicable
At least one top management with one year of relevant professional and management experience is required. Documentary proof shall be submitted to demonstrate sufficient commitment
for control of the works. Please refer to General Notes (1), Item II in this Appendix in respect of continuous capability building requirement.
Local skilled workforce in waterproofing works. At least 2 registered skilled workers of trade division “Waterproofing Worker (Master)” in the trade “Waterproofing Worker” under the
Construction Workers Registration Ordinance are required. Copy of valid construction workers registration cards shall be submitted.
The named technical staff shall be under full time employment. Proof of valid employment, e.g., employment contracts, MPF records, etc. shall be submitted.
5. Office/Workshop Facilities
6. Training Facilities
Not Applicable
7. Others
7.1 Safety: Please refer to General Notes (1), Item IV in this Appendix.
7.2 Integrity: Please refer to General Notes (1), Item V in this Appendix.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
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7.4 Satisfactory site demonstrations.
7.5 Works must comply with Section 20: Part 1 of the General Specification for Civil Engineering Works.
7.6 Applicants will be required to complete a standard questionnaire entitled “Questionnaire for Application for Inclusion in the List / Pre-application vetting” (Questionnaire) and submit/
supplement all the necessary supporting documents in the application for inclusion into the category. In completing the questionnaire, reference can be made to the “Guidelines for
Applicants in Completing the Questionnaire for Application for Inclusion in the List / Pre-application vetting” (Guidelines). The Questionnaire and the Guidelines can be obtained
from the website, http://www.hyd.gov.hk/en/public_forms/index.html. The “pre-application vetting mechanism” stated in paragraph 3.3.4 in this Handbook is applicable to this
category with details stated in the Guidelines.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Works Category : 31. Specialized Operations for Highway Structures Specialist Contractor
Class III : Repair of Cracked Concrete by Resin Injection
The scope of work in this category and class covers the resin injection for repair of cracks in structural concrete for highway structures.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
1. Experience
Satisfactory completion of at least 3 projects involving resin injection for repair of cracks in structural concrete in the past 3 years, each with a value of $25,000 or more. References on
these projects from consulting engineers (architects or clients if there is no consulting engineer) must be submitted which may be verified by paying site visits.
2. Registration with relevant authorities in Hong Kong (such as Quality Management System Certification, Building Authority etc.)
Not Applicable
At least one top management with one year of relevant professional and management experience is required. Documentary proof shall be submitted to demonstrate sufficient commitment
for control of the works. Please refer to General Notes (1), Item II in this Appendix in respect of continuous capability building requirement.
The named registered skilled workers shall be under full time employment. Proof of valid employment, e.g., employment contracts, MPF records, etc. shall be submitted.
5. Office/Workshop Facilities
6. Training Facilities
Not Applicable
7. Others
7.1 Safety: Please refer to General Notes (1), Item IV in this Appendix.
7.2 Integrity: Please refer to General Notes (1), Item V in this Appendix.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
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7.4 Satisfactory site demonstrations.
7.5 Applicants will be required to complete a standard questionnaire entitled “Questionnaire for Application for Inclusion in the List / Pre-application vetting” (Questionnaire) and submit/
supplement all the necessary supporting documents in the application for inclusion into the category. In completing the questionnaire, reference can be made to the “Guidelines for
Applicants in Completing the Questionnaire for Application for Inclusion in the List / Pre-application vetting” (Guidelines). The Questionnaire and the Guidelines can be obtained
from the website, http://www.hyd.gov.hk/en/public_forms/index.html. The “pre-application vetting mechanism” stated in paragraph 3.3.4 in this Handbook is applicable to this
category with details stated in the Guidelines.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Works Category : 31. Specialized Operations for Highway Structures Specialist Contractor
Class IV : Non-destructive Testing of Welds
The scope of work in this category and class covers the non-destructive weld-testing of structural steelworks for highway structures.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
1. Experience
Satisfactory completion of at least 3 projects in non-destructive weld-testing on structural steel works in the past 3 years, each with a value of $ 0.17 M or more. References on these projects
from consulting engineers (architects or clients if there is no consulting engineer) must be submitted which may be verified by paying site visits.
2. Registration with relevant authorities in Hong Kong (such as Quality Management System Certification, Building Authority etc.)
Not Applicable
At least one top management with one year of relevant professional and management experience is required. Documentary proof shall be submitted to demonstrate sufficient commitment for
control of the works. Please refer to General Notes (1), Item II in this Appendix in respect of continuous capability building requirement.
At least two professional and technical staff possessing relevant qualifications in non-destructive testing of welds are required.
All the named technical staff shall be under full time employment. Proof of valid employment, e.g., employment contracts, MPF records, etc. shall be submitted. Please refer to General
Notes (1), Item III in this Appendix in respect of continuous capability building requirement for supervisory grade technical staff.
5. Office/Workshop Facilities
6. Training Facilities
Not Applicable
7. Others
7.1 Safety: Please refer to General Notes (1), Item IV in this Appendix.
7.2 Integrity: Please refer to General Notes (1), Item V in this Appendix.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
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7.3 Satisfactory technical information, method statements and fully documented quality assurance system.
7.5 Works must comply with Clause 18.97(4) of the General Specification for Civil Engineering Works.
7.6 Applicants will be required to complete a standard questionnaire entitled “Questionnaire for Application for Inclusion in the List / Pre-application vetting” (Questionnaire) and submit/
supplement all the necessary supporting documents in the application for inclusion into the category. In completing the questionnaire, reference can be made to the “Guidelines for
Applicants in Completing the Questionnaire for Application for Inclusion in the List / Pre-application vetting” (Guidelines). The Questionnaire and the Guidelines can be obtained from
the website, http://www.hyd.gov.hk/en/public_forms/index.html. The “pre-application vetting mechanism” stated in paragraph 3.3.4 in this Handbook is applicable to this category
with details stated in the Guidelines.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Works Category : 31. Specialized Operations for Highway Structures Specialist Contractor
Class V : Hot Dip Galvanising
The scope of work in this category and class covers the hot dip galvanising of structural steelworks for highway structures.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
1. Experience
Satisfactory completion of at least 3 projects in hot dip galvanising of structural steelworks in the past 3 years, each with a value of $0.34 M or more. References on these projects from
consulting engineers (architects or clients if there is no consulting engineer) must be submitted which may be verified by paying site visits.
2. Registration with relevant authorities in Hong Kong (such as Quality Management System Certification, Building Authority etc.)
Not Applicable
At least one top management with one year of relevant professional and management experience is required. Documentary proof shall be submitted to demonstrate sufficient commitment
for control of the works. Please refer to General Notes (1), Item II in this Appendix in respect of continuous capability building requirement.
At least two technical staff at supervisory level possessing relevant qualifications and experience in hot dip galvanizing of structural steelworks are required.
All the named technical staff shall be under full time employment. Proof of valid employment, e.g., employment contracts, MPF records, etc. shall be submitted. Please refer to General
Notes (1), Item III in this Appendix in respect of continuous capability building requirement for supervisory grade technical staff.
5. Office/Workshop Facilities
Local office in Hong Kong is required. The applicant must possess a galvanising facility with the equipment listed above.
6. Training Facilities
Not Applicable
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
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7. Others
7.1 Safety: Please refer to General Notes (1), Item IV in this Appendix.
7.2 Integrity: Please refer to General Notes (1), Item V in this Appendix.
7.3 Satisfactory technical information, method statements and fully documented quality assurance system.
7.5 Works must comply with Clauses 18.54 to 18.61 and 18.62(2) of the General Specification for Civil Engineering Works.
7.6 Applicants will be required to complete a standard questionnaire entitled “Questionnaire for Application for Inclusion in the List / Pre-application vetting” (Questionnaire) and submit/
supplement all the necessary supporting documents in the application for inclusion into the category. In completing the questionnaire, reference can be made to the “Guidelines for
Applicants in Completing the Questionnaire for Application for Inclusion in the List / Pre-application vetting” (Guidelines). The Questionnaire and the Guidelines can be obtained from
the website, http://www.hyd.gov.hk/en/public_forms/index.html. The “pre-application vetting mechanism” stated in paragraph 3.3.4 in this Handbook is applicable to this category
with details stated in the Guidelines.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Works Category : 32. Steam and Compressed Air Installation Specialist Contractor
The scope of work in this category covers the supply, installation and maintenance of steam and compressed air installation including laundry equipment,
boiler, steam distribution system, compressed air plant etc.
Definition of Probationary Status (Para. 7.5.3 is not applicable for this category)
Eligible for the award of a maximum of two contracts/subcontracts provided that the total value of works in this category does not exceed $5.5 million
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
General (1) The applicant has satisfactorily completed, within the General
past 12 months, at least one relevant contract executed in
(1) The applicant shall have adequate experience in the HKSAR that satisfies the criteria stipulated in General (1) The applicant shall have adequate experience in the
type and size of work of the category, as stipulated Notes (3), awarded after inclusion in the category on type and size of work of the category, as stipulated
under “Job Reference for Inspection” below, with probation; and under “Job Reference for Inspection” below, with
satisfactory quality of work compatible with satisfactory quality of work compatible with
Government standard on and in relation to steam and (2) This contract shall be direct contract, which was signed Government standard on and in relation to steam and
compressed air installations; and between the applicant and the employer of the concerned compressed air installations; and
project; and
(2) The applicant shall have adequate experience in (2) The applicant shall have adequate experience in
contract management of work of the category, as (3) All statutory forms such as the Work Completion (Part of contract management of work of the category, as
stipulated under “Job Reference for Inspection” an Installation) Certificate (i.e. Form WR1 (A)) shall be stipulated under “Job Reference for Inspection”
below, including solely and fully responsibility for issued under the name of the applicant; and below, including solely and fully responsibility for
carrying out contract management and coordination carrying out contract management and coordination
with building contractor and other building services (4) The scope of work for this contract must fulfill all the with building contractor and other building services
/ electrical and mechanical contractors; and following requirements: / electrical and mechanical contractors; and
(3) For job experience outside the HKSAR, evidences as (a) Contract value of the work related to the category (3) For job experience outside the HKSAR, evidences as
stipulated in the guidance notes of the application under application for confirmation exceeds $0.8M; stipulated in the guidance notes of the application
must also be produced to the satisfaction of the and form must also be produced to the satisfaction of the
DEVB; otherwise, it will not be considered as a valid DEVB; otherwise, it will not be considered as a valid
job reference. (b) The contract shall cover the nature of works as job reference.
described in the “Brief Scope of Category”; and
Job Reference for Inspection (In addition to the above, every Job Reference for Inspection (In addition to the above, every
job submitted by the applicant shall fulfill all requirements set (c) If the contract is a term contract, all of the above job submitted by the applicant shall fulfill all requirements set
out below; otherwise, it will not be considered as a valid job requirements 4 (a) and 4 (b) shall be fulfilled in one out below; otherwise, it will not be considered as a valid job
reference) works order. reference)
(4) The applicant shall submit at least 2 contracts, which (5) Subcontract will not be considered as valid job reference (4) The applicant shall submit at least 2 contracts, which
were completed within the past 3 years for site unless it can satisfy all of the following requirements, in were completed within the past 3 years for site
inspection; and addition to all the above stated requirements: inspection; and
(5) At least one of the above 2 contracts shall be (a) The subcontract shall include all the relevant work (5) At least one of the above 2 contracts shall be
completed within the past 12 months or at final stage; as described under the “Brief Scope of Category” completed within the past 12 months or at final stage;
and covered in the main contract; and and
(6) These 2 contracts shall be direct contract, which was (b) The applicant shall have undertaken the full scope (6) These 2 contracts shall be direct contract, which was
signed between the applicant and the employer of the of work covered in the subcontract, solely and signed between the applicant and the employer of the
concerned project; and fully, including contract management; and concerned project; and
(7) All statutory forms such as the Work Completion (c) The party by which the applicant is awarded with (7) All statutory forms such as the Work Completion
(Part of an Installation) Certificate (i.e. Form WR1 the subcontract, and the upstream contracting (Part of an Installation) Certificate (i.e. Form WR1
(A)) shall be issued under the name of the applicant; parties up to and including the main contractor, (A)) shall be issued under the name of the applicant;
and which is the company awarded with the direct and
contract by the employer of the concerned project,
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
(a) Contract value of the work related to the (a) Contract value of the work related to the
category under application for inclusion category under application for inclusion
exceeds $0.8M; and exceeds $1.6M; and
(b) The contract shall cover the nature of works as (b) The contract shall cover the nature of works as
described in the “Brief Scope of Category”. described in the “Brief Scope of Category”.
(10) Subcontract will not be considered as valid job (10) Subcontract will not be considered as valid job
reference unless it can satisfy all of the following reference unless it can satisfy all of the following
requirements, in addition to all the above stated requirements, in addition to all the above stated
requirements: requirements:
(a) The subcontract shall include all the relevant (a) The subcontract shall include all the relevant
work as described under the “Brief Scope of work as described under the “Brief Scope of
Category” covered in the main contract; and Category” covered in the main contract; and
(b) The applicant shall have undertaken the full (b) The applicant shall have undertaken the full
scope of work covered in the subcontract, scope of work covered in the subcontract,
solely and fully, including contract solely and fully, including contract
management; and management; and
(c) The party by which the applicant is awarded (c) The party by which the applicant is awarded
with the subcontract, and the upstream with the subcontract, and the upstream
contracting parties up to and including the main contracting parties up to and including the main
contractor, which is the company awarded with contractor, which is the company awarded with
the direct contract by the employer of the the direct contract by the employer of the
concerned project, all shall not be the steam and concerned project, all shall not be the steam and
compressed air installation contractor for the compressed air installation contractor for the
project work; and project work; and
(d) The applicant must present documentary (d) The applicant must present documentary
evidence to prove the above requirements are evidence to prove the above requirements are
met and such evidence must be substantiated by met and such evidence must be substantiated by
all the relevant upstream contracting parties as all the relevant upstream contracting parties as
mentioned at (c) above including letters from mentioned at (c) above including letters from
them, which must be signed by their authorized them, which must be signed by their authorized
signatories to confirm that the applicant has met signatories to confirm that the applicant has met
the above requirements in the subcontract; and the above requirements in the subcontract; and
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
2. Registration with relevant authorities in Hong Kong 2. Registration with relevant authorities in Hong Kong
(such as Quality Management System Certification, (such as Quality Management System Certification,
Building Authority etc.) Building Authority etc.)
The applicant shall be a Registered Electrical Contractor The applicant shall be a Registered Electrical Contractor
registered under Electricity Ordinance, Cap. 406 and have registered under Electricity Ordinance, Cap. 406 and have
full time technical staff (meeting the relevant statutory full time technical staff (meeting the relevant statutory
registration requirement) of number not less than that registration requirement) of number not less than that
described in the Section “Management and Staff described in the Section “Management and Staff
Employment”. Employment”.
3.1 Top Management (See General Notes (1), Item II) 3.1 Top Management (See General Notes (1), Item II)
At least one member of the top management shall have a At least one member of the top management shall have a
minimum experience of 5 years, out of which 3 years shall minimum experience of 5 years, out of which 3 years shall
be local experience, in managing an electrical or be local experience, in managing an electrical or
mechanical engineering services company obtained in the mechanical engineering services company obtained in the
past eight years. Please refer to General Notes (1), Item II past eight years. Please refer to General Notes (1), Item II
in this Appendix in respect of continuous capability in this Appendix in respect of continuous capability
building requirement. building requirement.
3.2 Technical Staff (See Annex 1 for definition of Staff 3.2 Technical Staff (See Annex 1 for definition of Staff
Qualification) Qualification)
Employ at least 1 no. qualified engineer (Mechanical or Employ at least 1 no. qualified engineer (Mechanical or
Building Services discipline) with adequate and relevant Building Services discipline) with adequate and relevant
project management experience. Please refer to General project management experience. Please refer to General
Notes (1), Item III in this Appendix in respect of Notes (1), Item III in this Appendix in respect of
continuous capability building requirement. continuous capability building requirement.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Employ adequate nos. of technicians, site supervisors and Employ adequate nos. of technicians, site supervisors and
draftsmen with adequate and relevant academic draftsmen with adequate and relevant academic
qualification and working experience. Please refer to qualification and working experience. Please refer to
General Notes (1), Item III in this Appendix in respect of General Notes (1), Item III in this Appendix in respect of
continuous capability building requirement. continuous capability building requirement.
Employ adequate nos. of Qualified Workers in the Employ adequate nos. of Qualified Workers in the
following trades/trade divisions: following trades/trade divisions:
(C) Staff meeting the following statutory registration (C) Staff meeting the following statutory registration
requirements: requirements:
- Registered Electrical Worker (REW) registered under - Registered Electrical Worker (REW) registered under
Electricity Ordinance, Cap. 406. Grade A2 - 1 no. Electricity Ordinance, Cap. 406. Grade A2 – 1 no.
(minimum) (minimum)
The REW can be the Qualified Engineer, Technical The REW can be the Qualified Engineer, Technical
Support Staff or Qualified Worker. Support Staff or Qualified Worker.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
4. Plant and Equipment(See General Notes (4)) 4. Plant and Equipment(See General Notes (4))
Adequate modern drafting and computing facilities; Adequate modern drafting and computing facilities;
minimum 1 no. CAD terminal. Adequate nos. of minimum 1 no. CAD terminal. Adequate nos. of
calibrated testing instruments and equipment/tools for calibrated testing instruments and equipment/tools for
carrying out installation, operation, maintenance and carrying out installation, operation, maintenance and
testing/commissioning services; valid calibration testing/commissioning services; valid calibration
certificates for testing instruments shall be available. Refer certificates for testing instruments shall be available. Refer
Annex 28 for list of typical equipment/tools and testing Annex 28 for list of typical equipment/tools and testing
instruments required. instruments required.
Local office/workshop in Hong Kong SAR is required. Local office/workshop in Hong Kong SAR is required.
Reasonably sized, suitably furnished office and Reasonably sized, suitably furnished office and
workshop/storage areas. In general, the minimum office workshop/storage areas. In general, the minimum office
area shall be 40 m2 and the minimum workshop + storage area shall be 40 m2 and the minimum workshop + storage
area shall be 40 m2. Documentary evidence (e.g. area shall be 40 m2. Documentary evidence (e.g.
purchase/lease agreement) to prove right of use shall be purchase/lease agreement) to prove right of use shall be
produced. produced.
6. Others 6. Others
Please refer to General Notes (1), Item IV in this Appendix. Please refer to Item I of General Notes (1), Item IV in this
Appendix.
6.2 Integrity
6.2 Integrity
Please refer to General Notes (1), Item V in this Appendix.
Please refer to General Notes (1), Item V in this Appendix.
6.3 Authorized Agency
6.3 Authorized Agency
Preferably be an authorized agent in HKSAR for essential
equipment. Documentary evidence such as authorized Preferably be an authorized agent in HKSAR for essential
agency agreements shall be available. equipment. Documentary evidence such as authorized
agency agreements shall be available.
6.4 Support from Principal
6.4 Support from Principal
Technical support from principal(s) of relevant agency is
desirable. Applicant to demonstrate scope and extent (such Technical support from principal(s) of relevant agency is
as design, backup on installation / maintenance etc.) of desirable. Applicant to demonstrate scope and extent (such
support. as design, backup on installation / maintenance etc.) of
support.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
The scope of work in this category and class covers the fabrication and erection of structural steelwork for highway structures.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
1. Experience
Satisfactory completion of at least 3 projects in the fabrication and erection of structural steelworks for permanent civil engineering or building structures in the past 3 years, each with a
value of $0.8 M or more. References on these projects from consulting engineers (architects or clients if there is no consulting engineer) must be submitted which may be verified by paying
site visits.
2. Registration with relevant authorities in Hong Kong (such as Quality Management System Certification, Building Authority etc.)
Not Applicable
b. At least two technical staff at supervisory level experienced in the fabrication and erection of structural steelworks.
c. Local workforce for erection of steelwork. The following skilled workers are required –
– at least 3 registered skilled workers of trade division “Metal-steel Worker (Master)” or “Structural Steel Erector” in the trade “Metal-steel Worker” under the Construction Workers
Registration Ordinance; and
– at least 3 qualified welders to BS 4570, BS EN 287-1 or BS 4872:Part 1 as appropriate
Copy of valid construction workers registration cards and/or welder certificates shall be submitted. All the named technical staff shall be under full time employment. Proof of valid
employment, e.g., employment contracts, MPF records, etc. shall be submitted. Please refer to General Notes (1), Item III in this Appendix in respect of continuous capability building
requirement for supervisory grade technical staff.
a. Welding plant.
b. Lifting crane.
c. Drilling machine.
d. Bending machine.
e. Lathe.
f. Shearing machine.
g. Flame cutting machine.
h. Plate rolling machine.
i. Grit blasting equipment.
j. Grinder.
k. Planing, shaping and slotting machine.
l. Milling machine.
m. Boring and surfacing machines.
Appendix 3C Page 33-2 of 33-3
Revision Date: January 2021
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
n. Oven/cabinet with drying facilities for storing electrodes.
Local office in Hong Kong is required. The applicant must possess a fabrication yard with the equipment listed above. The applicant may be required to arrange for a visit to the fabrication
yard.
6. Training Facilities
Not Applicable
7. Others
7.1 Safety: Please refer to General Notes (1), Item IV in this Appendix.
7.2 Integrity: Please refer to General Notes (1), Item V in this Appendix.
7.3 Satisfactory technical information, method statements and fully documented quality assurance and control system for fabrication and erection of steelwork. Works must comply with
Section 18 of the General Specification for Civil Engineering Works.
7.4 Applicants will be required to complete a standard questionnaire entitled “Questionnaire for Application for Inclusion in the List / Pre-application vetting” (Questionnaire) and submit/
supplement all the necessary supporting documents in the application for inclusion into the category. In completing the questionnaire, reference can be made to the “Guidelines for
Applicants in Completing the Questionnaire for Application for Inclusion in the List / Pre-application vetting” (Guidelines). The Questionnaire and the Guidelines can be obtained
from the website, http://www.hyd.gov.hk/en/public_forms/index.html. The “pre-application vetting mechanism” stated in paragraph 3.3.4 in this Handbook is applicable to this
category with details stated in the Guidelines.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Works Category : 34. Supply and Installation of Bearings for Highway Structures Specialist Contractor
Class I : Mechanical Bearings
The scope of work in this category and class covers the supply and installation of mechanical bridge bearings for highway structures. The applicant will be
included in this category and class for the supply and installation of a particular bearing proposed in the application. The bearing must be a proprietary
product.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
1. Experience
Satisfactory performance of the bearing in service. A list of job references where the bearing has been installed, together with at least 3 references from the clients or maintenance
authorities for projects completed in the past 3 years, must be submitted. The number of bearings installed in each project must not be less than 6. The applicant may be required to arrange
site visits to verify the references.
2. Registration with relevant authorities in Hong Kong (such as Quality Management System Certification, Building Authority etc.)
The manufacturer for the bearing shall be operating a quality management system certified by an internationally recognized certifying body.
3. Management and Staff Employment
a. Equipment required for the installation of the bearing as specified by the manufacturer.
b. Mechanical grout mixer.
c. Mechanical grout pump.
5. Office/Workshop Facilities
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
7. Others
7.1 Safety: Please refer to General Notes (1), Item IV in this Appendix.
7.2 Integrity: Please refer to General Notes (1), Item V in this Appendix.
7.3 Satisfactory technical information and method statements. The design, manufacture and installation must comply with Section 20: Part 2 of the General Specification for Civil
Engineering Works and Chapter 8 of the Structures Design Manual for Highways and Railways. Other equivalent national standards may be considered in lieu of the standards referred
to in the Specification. Technical and testing report from an approved independent organisation to confirm compliance with the above standards must be submitted.
7.4 The manufacturer for the bearing and the applicant must have established acceptable manufacturing and installation procedures and fully documented quality assurance systems. Visit
to the factory may be required for this purpose. If such visits are not practicable, the applicant may be required to arrange for an independent report at his own cost.
7.5 Applicants will be required to complete a standard questionnaire entitled “Questionnaire for Application for Inclusion in the List / Pre-application vetting” (Questionnaire) and submit/
supplement all the necessary supporting documents in the application for inclusion into the category. In completing the questionnaire, reference can be made to the “Guidelines for
Applicants in Completing the Questionnaire for Application for Inclusion in the List / Pre-application vetting” (Guidelines). The Questionnaire and the Guidelines can be obtained
from the website, http://www.hyd.gov.hk/en/public_forms/index.html. The “pre-application vetting mechanism” stated in paragraph 3.3.4 in this Handbook is applicable to this
category with details stated in the Guidelines.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Works Category : 34. Supply and Installation of Bearings for Highway Structures Specialist Contractor
Class II : Elastomeric Bearings
The scope of work in this category and class covers the supply and installation of elastomeric bridge bearings for highway structures. The applicant will be
included in this category and class for the supply and installation of a particular bearing proposed in the application. The bearing must be a proprietary
product.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
1. Experience
Satisfactory performance of the bearing in service. A list of job references where the bearing has been installed, together with at least 3 references from the clients or maintenance authorities
for projects completed in the past 3 years, must be submitted. The number of bearings installed in each project must not be less than 6. The applicant may be required to arrange site visits
to verify the references.
2. Registration with relevant authorities in Hong Kong (such as Quality Management System Certification, Building Authority etc.)
The manufacturer for the bearing shall be operating a quality management system certified by an internationally recognized certifying body.
3. Management and Staff Employment
a. Equipment required for the installation of the bearing as specified by the manufacturer.
b. Mechanical grout mixer.
c. Mechanical grout pump.
5. Office/Workshop Facilities
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
7. Others
7.1 Safety: Please refer to General Notes (1), Item IV in this Appendix.
7.2 Integrity: Please refer to General Notes (1), Item V in this Appendix.
7.3 Satisfactory technical information and method statements. The design, manufacture and installation must comply with Section 20: Part 2 of the General Specification for Civil
Engineering Works and Chapter 8 of the Structures Design Manual for Highways and Railways. Other equivalent national standards may be considered in lieu of the standards referred
to in the Specification. Technical and testing report from an approved independent organisation to confirm compliance with the above standards must be submitted.
7.4 The manufacturer for the bearing and the applicant must have established acceptable manufacturing and installation procedures and fully documented quality assurance systems. Visit
to the factory may be required for this purpose. If such visits are not practicable, the applicant may be required to arrange for an independent report at his own cost.
7.5 Applicants will be required to complete a standard questionnaire entitled “Questionnaire for Application for Inclusion in the List / Pre-application vetting” (Questionnaire) and submit/
supplement all the necessary supporting documents in the application for inclusion into the category. In completing the questionnaire, reference can be made to the “Guidelines for
Applicants in Completing the Questionnaire for Application for Inclusion in the List / Pre-application vetting” (Guidelines). The Questionnaire and the Guidelines can be obtained
from the website, http://www.hyd.gov.hk/en/public_forms/index.html. The “pre-application vetting mechanism” stated in paragraph 3.3.4 in this Handbook is applicable to this
category with details stated in the Guidelines.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Works Category : 35. Supply and Installation of Expansion Joints for Highway Structures Specialist Contractor
The scope of work in this category covers the supply and installation of expansion joints for vehicular bridges. The applicant will be included in this category
for the supply and installation of a particular expansion joint proposed in the application. The expansion joint must be a proprietary product.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
1. Experience
Satisfactory performance of the expansion joint in service. A list of job references where the expansion joint has been installed, together with at least 3 references from the clients or
maintenance authorities for projects completed in the past 3 years, must be submitted. The number of expansion joints installed in each project must not be less than 3. The applicant may
be required to arrange site visits to verify the references.
2. Registration with relevant authorities in Hong Kong (such as Quality Management System Certification, Building Authority etc.)
The manufacturer for the expansion joint shall be operating a quality management system certified by an internationally recognized certifying body.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
6. Training Facilities
Not Applicable
7. Others
7.1 Safety: Please refer to General Notes (1), Item IV in this Appendix.
7.2 Integrity: Please refer to General Notes (1), Item V in this Appendix.
7.3 Satisfactory technical information and method statements. The design, manufacture and installation must comply with Section 20: Part 4 of the General Specification for Civil
Engineering Works and Chapter 9 of the Structures Design Manual for Highways and Railways. Other equivalent national standards may be considered in lieu of the standards referred
to in the Specification. Technical and testing report from an approved independent organisation to confirm compliance with the above standards must be submitted.
7.4 The manufacturer for the expansion joint and the applicant must have established acceptable manufacturing and installation procedures and fully documented quality assurance systems.
Visit to the factory may be required for this purpose. If such visits are not practicable, the applicant may be required to arrange for an independent report at his own cost. Trial
installation on a private/Government work site may be required. For the latter case, the trial will be subject to the applicant accepting the liability for replacing the joint with an
approved joint should the joint be found unsatisfactory. The assessment period of the trial is 12 months.
7.5 Applicants will be required to complete a standard questionnaire entitled “Questionnaire for Application for Inclusion in the List / Pre-application vetting” (Questionnaire) and submit/
supplement all the necessary supporting documents in the application for inclusion into the category. In completing the questionnaire, reference can be made to the “Guidelines for
Applicants in Completing the Questionnaire for Application for Inclusion in the List / Pre-application vetting” (Guidelines). The Questionnaire and the Guidelines can be obtained
from the website, http://www.hyd.gov.hk/en/public_forms/index.html. The “pre-application vetting mechanism” stated in paragraph 3.3.4 in this Handbook is applicable to this
category with details stated in the Guidelines.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Works Category : 36. Supply and Installation of Pumpsets and Associated Pipework Specialist Contractor
The scope of work in this category covers the supply, fabrication, installation, testing, and delivery to site of pumpsets, pipework, fittings, valves and the
associated equipment.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
1. Experience
Possess at least five years experience in the supply and installation of large pumping plant (with an input power requirement of 500kW and over for each pumpset), either in the capacity
of a contractor or sub-contractor in private sector or Government contracts.
2. Registration with relevant authorities in Hong Kong (such as Quality Management System Certification, Building Authority etc.)
Not Applicable
At least one of the managers and professional staff should possess minimum qualification of corporate membership of a recognized professional institution in mechanical engineering
discipline i.e. MIMechE, MHKIE or equivalent with relevant experience. Please refer to General Notes (1), Item II in this Appendix in respect of continuous capability building requirement.
Supervisory Grade
Minimum of three qualified technical and supervisory persons who possess minimum qualification of Higher Certificate in Mechanical Engineering or equivalent with at least five years
relevant experience. Please refer to General Notes (1), Item III in this Appendix in respect of continuous capability building requirement for supervisory grade technical staff.
Worker Grade
At least ten workers shall be registered in accordance with Construction Workers Registration Ordinance:
(a) Minimum three workers shall register under “Plant and Equipment Mechanic” Trade, with at least one Registered Skilled Worker; and
(b) Minimum three workers shall register under “Electrician” Trade, with at least one Registered Skilled Worker.
Not Applicable
5. Office/Workshop facilities
A workshop in Hong Kong furnished with the necessary tools, specialised equipment and other supporting facilities.
6. Training Facilities
Not Applicable
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
7. Others
7.1 Safety: Please refer to General Notes (1), Item IV in this Appendix.
7.2 Integrity: Please refer to General Notes (1), Item V in this Appendix.
7.3 The Contractor should provide full details of the equipment supplied and installed under previous contracts to demonstrate his capability of complying with WSD’s standard technical
specification.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Works Category : 37. Supply and Installation of Water Treatment Plant Specialist Contractor
The scope of work in this category covers the design, manufacture and installation of water treatment plant in public supply systems for treating raw water to
potable standard acceptable to the Water Supplies Department and for processing water treating effluent to a quality acceptable for disposal.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Not Applicable
Technical Staff
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Not Applicable
5. Office/Workshop Facilities
6. Training Facilities
Not Applicable
7. Others
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Works Category : 38. Supply of Bituminous Pavement Materials and Construction of Supplier / Specialist Contractor
Special Bituminous Surfacing
The scope of work in this category covers the supply of the bituminous pavement materials and the laying of the special bituminous surfacing.
Contractors included in this category but have not yet achieved confirmation status. When the probationary contractor has satisfactorily completed the relevant
works as prescribed in details under the confirmation criteria, the probationary contractor can apply for the confirmation status. The probationary contractor
will be assessed on the basis of capability and its performance in executing projects to determine whether the contractor is eligible to be confirmed or remains
as a probationary contractor to be recommended in the assessment.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
4. Plant and Equipment(See General Notes (4)) 4. Plant and Equipment(See General Notes (4))
(a) Mixing plant having at least four separate cold feed (a) Mixing plant having at least four separate cold feed
bins, four hot storage bins, a rotary drum dryer, bins, four hot storage bins, a rotary drum dryer,
temperature monitoring devices, and sampling temperature monitoring devices, and
devices for taking samples of hot aggregates, sampling devices for taking samples of hot
fillers and bitumen before mixing. aggregates, fillers and bitumen before mixing.
(b) Heating and storage tank fitted with circulating (b) Heating and storage tank fitted with circulating
pumps and thermostatically controlled heaters for pumps and thermostatically controlled heaters for
bitumen. bitumen.
(c) Heating and storage tank fitted with high shear (c) Heating and storage tank fitted with high shear
mixer for pre-blended type of modified binder. mixer for pre-blended type of modified binder.
(d) Insulated surge bin fitted with heating devices to (d) Insulated surge bin fitted with heating devices to
maintain temperature of the hot-mix. maintain temperature of the hot-mix.
(e) Measuring and weighing equipment for batching. (e) Measuring and weighing equipment for batching.
(f) Vehicles for transportation of bituminous (f) Vehicles for transportation of bituminous
materials. materials.
(g) Self-propelled paving machine with a screw auger (g) Self-propelled paving machine with a screw auger
and attached screed. and attached screed.
(h) Smooth three-wheeled steel-wheeled roller with a (h) Smooth three-wheeled steel-wheeled roller with a
mass of between 6 tonnes and 12 tonnes or mass of between 6 tonnes and 12 tonnes or
vibratory tandem steel-wheeled roller with an vibratory tandem steel-wheeled roller with an
effective mass of between 6 tonnes and 12 tonnes. effective mass of between 6 tonnes and 12 tonnes.
(i) Smooth pneumatic tyred-roller with a mass of (i) Smooth pneumatic tyred-roller with a mass of
between 12 tonnes and 25 tonnes, and with not less between 12 tonnes and 25 tonnes, and with not less
than seven overlapping wheels. than seven overlapping wheels.
(j) Tack coat spraying machine. (j) Tack coat spraying machine.
(k) Mechanical rammers, vibrating plates and hand- (k) Mechanical rammers, vibrating plates and hand-
tools for compaction work. tools for compaction work.
(l) Equipment for testing related to the production and (l) Equipment for testing related to the production and
laying of bituminous materials. laying of bituminous materials.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
7. Others 7. Others
7.1 Safety: Please refer to General Notes (1), Item IV in 7.1 Safety: Please refer to General Notes (1), Item IV in
this Appendix. this Appendix.
7.2 Integrity: Please refer to General Notes (1), Item V 7.2 Integrity: Please refer to General Notes (1), Item V
in this Appendix. in this Appendix.
7.3 Satisfactory technical information and method 7.3 Satisfactory technical information and method
statements. Works including the design mix and details statements. Works including the design mix and details
of composition of the materials shall comply with of composition of the materials shall comply with
Section 9 of General Specification for Civil Engineering Section 9 of General Specification for Civil Engineering
Works and/or other specified requirements. Other Works and/or other specified requirements. Other
equivalent national standards may be considered in lieu equivalent national standards may be considered in lieu
of the standards referred to in the Specifications. of the standards referred to in the Specifications
7.4 Acceptable manufacturing details of the bituminous 7.4 Acceptable manufacturing details of the bituminous
pavement material and quality control procedure during pavement material and quality control procedure during
manufacture. The applicant is also required to arrange manufacture. The applicant is also required to arrange
visits to inspect the facilities where the bituminous visits to inspect the facilities where the bituminous
pavement material is manufactured. Where such pavement material is manufactured. Where such
facilities are overseas or outside Hong Kong or where it facilities are overseas or outside Hong Kong or where it
is not practical to carry out an inspection, the applicant is not practical to carry out an inspection, the applicant
may be required to arrange for and provide an may be required to arrange for and provide an
independent report to Managing Department on these independent report to Managing Department on these
aspects at his own cost. aspects at his own cost.
7.5 Satisfactory site demonstration in construction of 7.5 Satisfactory site demonstration in construction of
special bituminous surfacing to demonstrate that the special bituminous surfacing to demonstrate that the
techniques and workmanship comply with the specified techniques and workmanship comply with the specified
requirements. requirements.
7.6 Proof of meeting building requirements and showing 7.6 Proof of meeting building requirements and showing
the proper land use of the bituminous material mixing the proper land use of the bituminous material mixing
plant from Buildings Department, Lands Department plant from Buildings Department, Lands Department and
and Planning Department are required. Planning Department are required.
7.7 The applicant shall also meet the environmental 7.7 The applicant shall also meet the environmental
requirements of Environmental Protection Department requirements of Environmental Protection Department
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
7.8 Applicants are required to complete a standard 7.8 Applicants are required to complete a standard
questionnaire “Application for Inclusion in the List – questionnaire “Application for Inclusion in the List –
Questionnaire for Pre-application Vetting” Questionnaire for Pre-application Vetting”
(Questionnaire) and submit/ supplement all the necessary (Questionnaire) and submit/ supplement all the necessary
supporting documents in the application for inclusion supporting documents in the application for inclusion
into the category. The Questionnaire and “Guidelines into the category. The Questionnaire and “Guidelines
for Applicants in Completing the Questionnaire for Pre- for Applicants in Completing the Questionnaire for Pre-
application Vetting” (Guidelines) can be obtained from application Vetting” (Guidelines) can be obtained from
the website of Highways Department, the website of Highways Department,
http://www.hyd.gov.hk/en/public_forms/index.html. http://www.hyd.gov.hk/en/public_forms/index.html.
The “pre-application vetting mechanism” stated in The “pre-application vetting mechanism” stated in
paragraph 3.3.4 in this Handbook is applicable to this paragraph 3.3.4 in this Handbook is applicable to this
category with details stated in the Guidelines. category with details stated in the Guidelines.
7.9 Other additional requirements shall be referred to the 7.9 Other additional requirements shall be referred to
Guidelines and the Questionnaire. the Guidelines and the Questionnaire.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Works Category : 39. Survey of Government Land Pressure Receivers subject to Steam and Specialist Contractor
Air Pressure (but excluding Steam Boilers)
The scope of work in this category covers the carrying out of examination and test to ensure that the pressure vessels are in safe working order and comply
with the Boiler and Pressure Vessels Ordinance, Cap. 56.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
1. Experience
General
(1) The applicant shall have adequate experience in the type and size of work of the category, as stipulated under “Job Reference for Inspection” below, with satisfactory quality of work
compatible with Government standard on and in relation to survey of land pressure receivers subject to steam and air pressure; and the surveys should preferably be of various types
and classes as mentioned in the Boilers and Pressure Vessels (Forms) Order; and
(2) The applicant shall provide documentary evidence to substantiate experience, such as copies of the Certificate of Fitness of the inspected vessels signed by a Qualified Boiler Inspector
or Qualified Air Receiver Inspector of the applicant, contract agreement, correspondence etc.; and
(3) For job experience outside the HKSAR, evidences as stipulated in the guidance notes of the application form must also be produced to the satisfaction of the DEVB; otherwise, it will
not be considered as a valid job reference; and
Job Reference for Inspection (In addition to the above, every job submitted by the applicant shall fulfill all requirements set out below; otherwise, it will not be considered as a valid job
reference)
(4) The applicant shall submit at least 5 surveys, which were completed within the past 3 years for site inspection; and
(5) At least 2 of the above 5 surveys shall be completed within the past 12 months or at final stage; and
(6) The applicant shall be able to arrange joint site inspections for the government’s examination of the quality of the submitted job reference within normal office hours; and
(7) The scope of work for each of these 5 surveys shall cover the nature of works as described in the “Brief Scope of Category”.
2. Management and Staff Employment
2.1 Top Management (See General Notes (1), Item II)
At least one member of the top management shall have a minimum experience of 5 years, out of which 3 years shall be local experience, in managing an electrical or mechanical engineering
services company obtained in the past eight years. Please refer to General Notes (1), Item II in this Appendix in respect of continuous capability building requirement.
2.2 Technical Staff (See Annex 1 for definition of Staff Qualification)
- Qualified Boiler Inspector (QBI) appointed as Boiler Inspector under the Boilers and Pressure Vessels Ordinance Cap. 56 and holding the Certificate of Competency in respect of all
classes and types of boilers mentioned in the Boilers and Pressure Vessel (Forms) Order, with appointment not having been suspended - 1 no. (minimum); OR
- Qualified Air Receiver Inspector (QARI) appointed as Air Receiver Inspector under the Boilers and Pressure Vessels Ordinance Cap. 56 and holding the Certificate of Competency in
respect of all classes and types of air receiver mentioned in the Boilers and Pressure Vessels (Forms) Order, with appointment not having been suspended – 1 no. (minimum).
Documentary proof of the registration issued by the Boiler and Pressure Vessel Authority should be provided.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
5.1 Integrity
Please refer to General Notes (1), Item V in this Appendix.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Works Category : 40. Survey of Government Land Steam Boilers Specialist Contractor
The scope of work in this category covers the carrying out of examination and test to ensure that steam boilers are in safe working order and comply with the
Boiler and Pressure Vessels Ordinance.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
1. Experience
General
(1) The applicant shall have adequate experience in the type and size of work of the category, as stipulated under “Job Reference for Inspection” below, with satisfactory quality of work
compatible with Government standard on and in relation to survey of land steam boilers; and the surveys should preferably be of various types and classes as mentioned in the Boilers
and Pressure Vessels (Forms) Order; and
(2) The applicant shall provide documentary evidence to substantiate experience, such as copies of the Certificate of Fitness of the inspected vessels signed by a Qualified Boiler Inspector
of the applicant, contract agreement, correspondence etc.; and
(3) For job experience outside the HKSAR, evidences as stipulated in the guidance notes of the application form must also be produced to the satisfaction of the DEVB; otherwise, it will
not be considered as a valid job reference.
Job Reference for Inspection (In addition to the above, every job submitted by the applicant shall fulfill all requirements set out below; otherwise, it will not be considered as a valid job
reference)
(4) The applicant shall submit at least 5 surveys, which were completed within the past 3 years for site inspection; and
(5) At least 2 of the above 5 surveys shall be completed within the past 12 months or at final stage; and
(6) The applicant shall be able to arrange joint site inspections for the government’s examination of the quality and workmanship of the submitted job reference within normal office
hours.
(7) The scope of work for each of these 5 surveys shall cover the nature of works as described in the “Brief Scope of Category”.
At least one member of the top management shall have a minimum experience of 5 years, out of which 3 years shall be local experience, in managing an electrical or mechanical engineering
services company obtained in the past eight years. Please refer to General Notes (1), Item II in this Appendix in respect of continuous capability building requirement.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Works Category : 41. Survey of Lifting Appliances and Lifting Gear Specialist Contractor
The scope of work in this category covers the carrying out of examination and test to ensure that lifting appliances and lifting gears are in safe working order
and comply with the Factories and Industrial Undertakings (Lifting Appliances and Lifting Gear) Regulations.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
1. Experience
General
(1) The applicant shall have adequate experience in the type and size of work of the category, as stipulated under “Job Reference for Inspection” below, with satisfactory quality of work
compatible with Government standard on and in relation to survey of lifting appliances and lifting gear; and the surveys must be relevant and should preferably for various types of
lifting appliances and lifting gear. Both thorough examination and proof load test should be included in the job records. Also at least one survey should be for crane with automatic
safe load indicator.
(2) The applicant shall provide documentary evidence to substantiate experience, such as copies of the certificate of test and thorough examination issued after the survey in the approved
format under the Regulations signed by the Qualified Competent Examiner should be produced for inspection; and
(3) For job experience outside the HKSAR, evidences as stipulated in the guidance notes of the application form must also be produced to the satisfaction of the DEVB; otherwise, it
will not be considered as a valid job reference.
Job Reference for Inspection (In addition to the above, every job submitted by the applicant shall fulfill all requirements set out below; otherwise, it will not be considered as a valid job reference)
(4) The applicant shall have at least 5 surveys, which were completed within past 3 years for site inspection; and
(5) At least 2 of the above 5 surveys shall be completed within the past 12 months or at final stage; and
(6) The applicant shall be able to arrange joint site inspections for the government’s examination of the quality of the submitted job reference within normal office hours; and
(7) The scope of work for each of these 5 surveys shall cover the nature of works as described in the “Brief Scope of Category”.
2. Management and Staff Employment
2.1 Top Management (See General Notes (1), Item II)
At least one member of the top management shall have a minimum experience of 5 years, out of which 3 years shall be local experience, in managing an electrical or mechanical engineering
services company obtained in the past eight years. Please refer to General Notes (1), Item II in this Appendix in respect of continuous capability building requirement.
2.2 Technical Staff (See Annex 1 for definition of Staff Qualification)
- Qualified Competent Examiner (QCE) for lifting appliances and lifting gear in accordance with the Factory and Industrial Undertakings (Lifting Appliances and Lifting Gear)
Regulations Cap 59J (hereinafter referred to as the Regulations). The Competent Examiner should be a Registered Professional Engineer registered under the Engineers Registration
Ordinance within the Mechanical or Marine discipline – 1 no. (minimum).
Documentary proof of the registration issued by the Engineers Registration Board should be provided.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
5.1 Integrity
Please refer to General Notes (1), Item V in this Appendix.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Works Category : 42. Swimming Pool Water Treatment Installation Specialist Contractor
The scope of work in this category covers the supply, installation and maintenance of equipment, piping and fittings for water treatment and distribution of
swimming pool such as water circulation, filtration, pH control, chemical treatment, sterilization, disinfection, leisure pool, hydrotherapy pool, pool lighting
installation, etc.
Definition of Probationary Status (Para. 7.5.3 is not applicable for this category)
Eligible for the award of a maximum of two contracts/subcontracts provided that the total value of works in this category does not exceed $55 million
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
(4) The applicant shall submit at least 2 contracts, which (5) Subcontract will not be considered as valid job reference
were completed within the past 3 years for site unless it can satisfy all of the following requirements, in
inspection; and addition to all the above stated requirements:
(5) At least one of the above 2 contracts shall be completed (a) The subcontract shall include all the relevant work
within the past 12 months or at final stage; and as described under the “Brief Scope of Category”
covered in the main contract; and
(6) These 2 contracts shall be direct contract, which was
signed between the applicant and the employer of the (b) The applicant shall have undertaken the full scope
concerned project; and of work covered in the subcontract, solely and
fully, including contract management; and
(7) All statutory forms such as the Work Completion (Part of
an Installation) Certificate (i.e. Form WR1 (A)) shall be
issued under the name of the applicant; and
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
(a) Contract value of the work related to the category Apart from the above experience requirement, other criteria
under application for inclusion exceeds $16M; should be the same as that required for “A. Entry on Probation”.
and
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Works Category : 43. Transparent Panels for Noise Barriers on Highways Supplier
The scope of work in this category covers the supply of transparent panels for noise barriers on highways. The materials shall be of suitable mechanical and
acoustic properties, and proven performance and durability. They shall functionally and aesthetically fit with the structural system of the noise barriers, and
shall also perform safely in fire and traffic accidents and satisfactorily in glare reduction.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
1. Experience
The transparent panels shall have successfully performed in at least 1 project for noise barriers on highways or similar works in the past 3 years, each with a value of $0.8M or more.
References on these projects from consulting engineer (architects or clients if there is no consulting engineer) must be submitted, which may be verified by site visits.
2. Registration with relevant authorities in Hong Kong (such as ISO9000 Certification, Building Authority etc.)
The transparent panels shall be manufactured under a quality management system certified by an internationally recognized certifying body.
5. Office/Workshop Facilities
Local office in Hong Kong is required.
6. Training Facilities
Not Applicable
7. Others
7.1 Integrity: Please refer to General Notes (1), Item V in this Appendix.
7.2 Satisfactory technical information, including testing reports from independent organizations, shall be submitted, to demonstrate that the transparent panels and their any accessories shall
meet the principles and considerations given in the Bridges & Structures Division Practice Note No. BSTR/PN/003 – Noise Barriers with Transparent Panels, issued by the Highways
Department or equivalent international standards.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
7.3 The materials to be approved shall possess acceptable application history of at least 5 years in weather conditions similar to Hong Kong climate, and be subject to a 10-year performance
warranty.
7.4 Applicants will be required to complete a standard questionnaire entitled “Questionnaire for Application for Inclusion in the List / Pre-application vetting” (Questionnaire) and submit/
supplement all the necessary supporting documents in the application for inclusion into the category. In completing the questionnaire, reference can be made to the “Guidelines for
Applicants in Completing the Questionnaire for Application for Inclusion in the List / Pre-application vetting” (Guidelines). The Questionnaire and the Guidelines can be obtained
from the website, http://www.hyd.gov.hk/en/public_forms/index.html.
Note: The Bridges & Structures Division Practice Note No. BSTR/PN/003 referred to in item 7.2 above is available on Highways Department’s website at http://www.hyd.gov.hk.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Works Category : 44. Turn-key Interior Design and Fitting-out Works Specialist Contractor
Group I : Eligible to be awarded one contract at any one time as a Trade Test.
Group II : Eligible to be awarded more than one contract at any one time.
The scope of work in this category covers the design and fitting-out works for Government department/bureaux.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
A. Direct Entry A. Direct Entry
General
(1) The applicant shall have adequate experience in the type and size of work of the
category, as stipulated under “Job Reference for Inspection” below, with satisfactory
quality of work compatible with Government standard on and in relation to Turn-key
Interior Design & Fitting-out Works; and
(2) The applicant shall have adequate experience in contract management of work of the
category, as stipulated under “Job Reference for Inspection” below, including solely
and fully responsible for carrying out contract management and, coordination with
building contractor and other building services / electrical and mechanical
contractors; and
(3) For job experience outside the HKSAR, evidences as stipulated in the guidance notes
of the application form must also be produced to the satisfaction of the DEVB;
otherwise, it will not be considered as a valid job reference.
Job Reference for Inspection (In addition to the above, every job submitted by the
applicant shall fulfill all requirements set out below; otherwise, it will not be considered
as a valid job reference)
(4) The applicant shall submit at least 3 contracts with contract value of the works related
to Turn-key Interior Design & Fitting-out Works in each contract exceeded $8M and
were completed within the past 5 years for site inspection. Besides, one of the
contract in the submission shall have a contract value of the works related to the Turn-
key Interior Design & Fitting-out Works exceeded $24M; and
(5) At least one of the above 3 contracts shall be completed within the past 12 months or
at final stage; and
(6) These 3 contracts shall be direct contract, which was signed between the applicant
and the employer of the concerned project; and
(7) The applicant shall be able to arrange joint site inspections for the government’s
examination of the quality and workmanship of the submitted job reference within
normal office hours; and
(8) The scope of works for the submitted contracts shall cover major scope of works in
the Turn-key Interior Design & Fitting-out Works; and
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
A. Direct Entry A. Direct Entry
(9) Subcontract will not be considered as valid job reference unless it can satisfy all of
the following requirements, in addition to all the above stated requirements:
(a) The subcontract shall include all the relevant work as described under the “Brief
Scope of Category” covered in the main contract; and
(b) The applicant shall have undertaken the full scope of work covered in the
subcontract, solely and fully, including contract management; and
(c) The subcontract shall be signed between the applicant and the main contractor
which is the company awarded with the direct contract by the employer of the
concerned project; and
(d) The aforementioned main contractor shall not be the Turn-key Interior Design &
Fitting-out Works contractor for the project work; and
(e) The applicant must present documentary evidence to prove the above
requirements are met and such evidence must be substantiated by the main
contractor including a letter, which must be signed by the main contractor’s
authorized signatory to confirm that the applicant has met the above requirements
in the subcontract; and
(f) Notwithstanding the above, the Managing Department may seek references on
the applicant’s technical and managerial capabilities from the employer, the
relevant parties of the concerned project and other sources or confirmation on the
authenticity of the proof provided by the applicant from the relevant parties of
the concerned project.
The applicant must be an approved contractor under Buildings category in the List of
Approved Contractors for Public Works.
Not Applicable
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
A. Direct Entry A. Direct Entry
At least one qualified Architectural and Interior Designer (AP - List of Architects); one
qualified Structural Engineer (RSE); one qualified Building Services Engineer (CIBSE or
HKIE (BS)); one qualified contract manager with at least ten years’ management
experience in construction industry (Ordinary Certificate in Building Studies); four full
time site supervisory staffs in both building and building services/ electrical and
mechanical discipline each with at least five years’ experience in construction industry.
Please refer to General Notes (1), Item III in this Appendix in respect of continuous
capability building requirement.
Not Applicable
5. Office/Workshop Facilities
A design office and workshop suitable for the nature of work. Local office and local
workshop in Hong Kong are required.
6. Training Facilities
Not Applicable
7. Others
7.1 Safety: Please refer to General Notes (1), Item IV in this Appendix.
7.2 Integrity: Please refer to General Notes (1), Item V in this Appendix.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
B. Entry by Promotion
1. Experience
(1) Satisfactory completion of the Trade Test (satisfactory completion of at least one
relevant contract executed in HKSAR or 1st tier sub-contract under this Works Category
within the past 5 years, after inclusion in Group I, and of value above $16M) and have
good result in the full Performance Assessment
(2) Sub-contract will not be considered as valid job reference unless it can satisfy all of the
following requirements, in addition to all the above stated requirements:
(a) The sub-contract shall include all the relevant work as described under the “Brief
Scope of Category” covered in the main contract; and
(b) The applicant shall have undertaken the full scope of work covered in the sub-
contract, solely and fully, including contract management; and
(c) The sub-contract shall be signed between the applicant and the main contractor
which is the company awarded with the direct contract by the employer of the
concerned project; and
(d) The aforementioned main contractor shall not be the Turn-key Interior Design &
Fitting-out Works contractor for the project work; and
(e) The applicant must present documentary evidence to prove the above
requirements are met and such evidence must be substantiated by the main
contractor including a letter which must be signed by the main contractor’s
authorized signatories to confirm that the applicant has met the above
requirements in the sub-contract; and
(f) Notwithstanding the above, the Managing Department may seek references on the
applicant’s technical and managerial capabilities from the employer, the relevant
parties of the concerned project and other sources or confirmation on the
authenticity of the proof provided by the applicant from the relevant parties of the
concerned project.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Group I Group II
B. Entry by Promotion
Not Applicable
At least one qualified Architectural and Interior Designer (AP - List of Architects); one
qualified Structural Engineer (RSE); one qualified Building Services Engineer (CIBSE
or HKIE (BS)); one qualified contract manager with at least ten years’ management
experience in construction industry (Ordinary Certificate in Building Studies); four full
time site supervisory staffs in both building and building services / electrical and
mechanical discipline each with at least five years’ experience in construction industry.
Please refer to General Notes (1), Item III in this Appendix in respect of continuous
capability building requirement.
Not Applicable
5. Office/Workshop Facilities
A design office and workshop suitable for the nature of work. Local office and local
workshop in Hong Kong are required.
6. Training Facilities
Not Applicable
7. Others
7.1 Safety: Please refer to General Notes (1), Item IV in this Appendix.
7.2 Integrity: Please refer to General Notes (1), Item V in this Appendix.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
The scope of work in this category covers the supply, installation and maintenance of static-type, uninterruptible power supply (UPS) systems together with
the associated batteries, control and monitoring accessories, which are mainly deployed to support computer operations.
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
1. Experience
General
(1) The applicant shall have adequate experience in the type and size of work of the category, as stipulated under “Job Reference for Inspection” below, with satisfactory quality of work
compatible with Government standard on and in relation to uninterruptible power supply installations; and
(2) The applicant shall have adequate experience in contract management of work of the category, as stipulated under “Job Reference for Inspection” below, including solely and fully
responsibility for carrying out contract management and coordination with building contractor and other building services / electrical and mechanical contractors; and
(3) For job experience outside the HKSAR, evidences as stipulated in the guidance notes of the application form must also be produced to the satisfaction of the DEVB; otherwise, it will
not be considered as a valid job reference.
Job Reference for Inspection (In addition to the above, every job submitted by the applicant shall fulfill all requirements set out below; otherwise, it will not be considered as a valid job
reference)
(4) The applicant shall submit at least 2 contracts, which were completed within the past 3 years for site inspection; and
(5) At least one of the above 2 contracts shall be completed within the past 12 months or at final stage; and
(6) These 2 contracts shall be direct contract, which was signed between the applicant and the employer of the concerned project; and
(7) All statutory forms such as the Work Completion (Part of an Installation) Certificate (i.e. Form WR1 (A)) shall be issued under the name of the applicant; and
(8) The applicant shall be able to arrange joint site inspections for the government’s examination of the quality and workmanship of the submitted job reference within normal office hours;
and
(9) The scope of work for each of these 2 contracts must fulfill all of the following requirements:
(a) Contract value of the work related to the category under application for inclusion exceeds $0.8M; and
(b) The UPS rating in at least one of the above 2 contracts should be of 80kVA or above; and
(c) The contract shall cover the nature of works as described in the “Brief Scope of Category”.
(10) Subcontract will not be considered as valid job reference unless it can satisfy all of the following requirements, in addition to all the above stated requirements:
(a) The subcontract shall include all the relevant work as described under the “Brief Scope of Category” covered in the main contract; and
(b) The applicant shall have undertaken the full scope of work covered in the subcontract, solely and fully, including contract management; and
(c) The party by which the applicant is awarded with the subcontract, and the upstream contracting parties up to and including the main contractor, which is the company awarded
with the direct contract by the employer of the concerned project, all shall not be the uninterruptible power supply system contractor for the project work; and
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
(d) The applicant must present documentary evidence to prove the above requirements are met and such evidence must be substantiated by all the relevant upstream contracting
parties as mentioned at (c) above including letters from them, which must be signed by their authorized signatories to confirm that the applicant has met the above requirements
in the subcontract; and
(e) Notwithstanding the above, the Managing Department may seek references on the applicant’s technical and managerial capabilities from the employer, the relevant parties of the
concerned project and other sources or confirmation on the authenticity of the proof provided by the applicant from the relevant parties of the concerned project.
2. Registration with relevant authorities in Hong Kong (such as Quality Management System Certification, Building Authority etc.)
Statutory Registration
The applicant shall be a Registered Electrical Contractor registered under Electricity Ordinance, Cap. 406 and have full time technical staff (meeting the relevant statutory registration
requirement) of number not less than that described in the Section “Management and Staff Employment”.
3. Management and Staff Employment
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Direct Entry
5. Office/Workshop Facilities
Local office/workshop in Hong Kong SAR is required. Reasonably sized, suitably furnished office and workshop/storage areas. In general, the minimum office area shall be 40 m2 and the
minimum workshop + storage area shall be 40 m2. Documentary evidence (e.g. purchase/lease agreement) to prove right of use shall be produced.
6. Others
6.1 Safety
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
The scope of work in this category covers the supply, installation and maintenance of video cassette recorder, video camera, monitor etc. commonly used for
closed circuit TV system, video recording/display system and visual system at different venues.
Definition of Probationary Status (Para. 7.5.3 is not applicable for this category)
Eligible for the award of a maximum of two contracts/subcontracts provided that the total value of works in this category does not exceed $5.5 million
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
(5) At least one of the above 2 contracts shall be (b) The applicant shall have undertaken the full scope (5) At least one of the above 2 contracts shall be
completed within the past 12 months or at final stage. of work covered in the subcontract, solely and completed within the past 12 months or at final stage;
fully, including contract management; and and
(6) These 2 contracts shall be direct contract, which was
signed between the applicant and the employer of the (c) The party by which the applicant is awarded with (6) These 2 contracts shall be direct contract, which was
concerned project; and the subcontract, and the upstream contracting signed between the applicant and the employer of the
parties up to and including the main contractor, concerned project; and
(7) The applicant shall be able to arrange joint site which is the company awarded with the direct
inspections for the government’s examination of the contract by the employer of the concerned project, (7) The applicant shall be able to arrange joint site
quality and workmanship of the submitted job all shall not be the video electronics installation inspections for the government’s examination of the
reference within normal office hours; and contractor for the project work. quality and workmanship of the submitted job
reference within normal office hours; and
Apart from the above experience requirement, other criteria
should be the same as that required for “A. Entry on Probation”.
Appendix 3C Page 46-2 of 46-6
Revision Date: January 2021
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
(a) Contract value of the work related to the (a) Contract value of the work related to the
category under application for inclusion category under application for inclusion
exceeds $0.3M; and exceeds $0.8M; and
(b) The contract shall cover the nature of works as (b) The contract shall cover the nature of works as
described in the “Brief Scope of Category”. described in the “Brief Scope of Category”.
(9) Subcontract will not be considered as valid job (9) Subcontract will not be considered as valid job
reference unless it can satisfy all of the following reference unless it can satisfy all of the following
requirements, in addition to all the above stated requirements, in addition to all the above stated
requirements: requirements:
(a) The subcontract shall include all the relevant (a) The subcontract shall include all the relevant
work as described under the “Brief Scope of work as described under the “Brief Scope of
Category” covered in the main contract; and Category” covered in the main contract; and
(b) The applicant shall have undertaken the full (b) The applicant shall have undertaken the full
scope of work covered in the subcontract, scope of work covered in the subcontract,
solely and fully, including contract solely and fully, including contract
management; and management; and
(c) The party by which the applicant is awarded (c) The party by which the applicant is awarded
with the subcontract, and the upstream with the subcontract, and the upstream
contracting parties up to and including the contracting parties up to and including the
main contractor, which is the company main contractor, which is the company
awarded with the direct contract by the awarded with the direct contract by the
employer of the concerned project, all shall not employer of the concerned project, all shall not
be the video electronics installation contractor be the video electronics installation contractor
for the project work; and for the project work; and
(d) The applicant must present documentary (d) The applicant must present documentary
evidence to prove the above requirements are evidence to prove the above requirements are
met and such evidence must be substantiated by met and such evidence must be substantiated by
all the relevant upstream contracting parties as all the relevant upstream contracting parties as
mentioned at (c) above including letters from mentioned at (c) above including letters from
them, which must be signed by their authorized them, which must be signed by their authorized
signatories to confirm that the applicant has signatories to confirm that the applicant has
met the above requirements in the subcontract; met the above requirements in the subcontract;
and and
(e) Notwithstanding the above, the Managing (e) Notwithstanding the above, the Managing
Department may seek references on the Department may seek references on the
applicant’s technical and managerial applicant’s technical and managerial
capabilities from the employer, the relevant capabilities from the employer, the relevant
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Minimum Technical & Management Criteria for Admission, Confirmation, Promotion and Retention of Contractors for the Specialist List Appendix 3C
Please refer to General Notes (1), Item IV in this Appendix. Please refer to General Notes (1), Item IV in this Appendix.
6.2 Integrity 6.2 Integrity
Please refer to General Notes (1), Item V of General Note Please refer to General Notes (1), Item V in this Appendix.
in this Appendix.
6.3 Authorized Agency
6.3 Authorized Agency Preferably be an authorized agent in HKSAR for essential
Preferably be an authorized agent in HKSAR for essential equipment. Documentary evidence such as authorized
equipment. Documentary evidence such as authorized agency agreements shall be available.
agency agreements shall be available.
6.4 Support from Principal
6.4 Support from Principal Technical support from principal(s) of relevant agency is
Technical support from principal(s) of relevant agency is desirable. Applicant to demonstrate scope and extent (such
desirable. Applicant to demonstrate scope and extent (such as design, backup on installation / maintenance etc.) of
as design, backup on installation / maintenance etc.) of support.
support.
1. To count as staff, individuals must be full time 1 employees of the applicant and must be resident
Hong Kong ID Card holders or Works Visa holders, and the practice must constitute their principal
source of employment. Documentary evidence such as self-declaration letter specifying full-time
employment with the company, bank payroll statement, Mandatory Provident Fund (MPF)
contribution record, Employer’s Return of Remuneration and Pensions to Inland Revenue
Department, etc. shall be produced.
The Site Supervisor shall have a minimum of 2 years’ relevant experience in site supervision in
HKSAR.
The Draftsman shall have relevant experience in drawing preparation and use of CAD terminal.
4. The Draftsman can be the Qualified Engineer, Technician or Site supervisor, but in that case, the
manpower resource for the respective rank of staff shall be increased accordingly, i.e. the total nos.
of technical support staff required shall remain the same.
5. Contractors should note that after enactment of the Construction Workers Registration Ordinance
(Cap. 583) (CWRO), only registered construction workers (including registered general workers) are
allowed to carry out construction works on construction sites. Moreover, under the “designated
workers for designated skills” requirement, skilled works on construction sites must be carried out
by registered skilled workers or registered semi-skilled workers. Unless otherwise indicated,
registered skilled workers or registered semi-skilled workers in the appropriate trades/trade divisions
enlisted under Schedule 1 of CWRO are acceptable as equivalent to the previous requirements of
Qualified Workers for assessment of contractor's application for admission and retention in the
Specialist List. The workers as submitted in the contractor’s application for admission should have
passed the relevant trade tests with certificates issued by VTC 2, CITA/CIC 3, and registered under
CWRO before carrying out construction works on construction sites.
1
“Full-time” employment means employment under a “continuous contract” as defined by the EO. According to the Ordinance,
an employee is regarded as being employed under a continuous contract if he or she works continuously for the same
employer for four weeks or more, with at least 18 hours in each week.
2
VTC means Vocational Training Council.
3
CIC means Construction Industry Council. The former CITA (Construction Industry Training Authority) was already
amalgamated into the CIC in January 2008, after which the former functions of CITA on training and trade testing have been
taken over by the Construction Industry Training Board (CITB) under CIC, operating with the new name of ‘Construction
Annex 1 to Appendix 3C Page 2 of 3
Revision Date: January 2021
6. The policy on the employment of registered skilled workers and registered semi-skilled workers in
public works contracts has been set out in DEVB TC(W) No. 4/2017 – Employment of Skilled
Workers in Public Works Contracts and its subsequent revisions which shall prevail in case of
deviations.
7. Qualified welder means a welder who has certificate issued by a testing laboratory within the past 6
months conforming to the following standards for pipe weld:
• BS EN 287 or other equivalent international standards for the approval testing of welders for
fusion welding, or
• BS EN 288 or other equivalent international standards for welding procedures of metallic
materials.
Industry Council Training Academy’ (CICTA). All existing training and trade test certificates issued by CITA would remain
valid.
Annex 1 to Appendix 3C Page 3 of 3
Revision Date: January 2021
List of Tools / Equipment and Testing Instruments for Air-conditioning Installation Category Annex 2 to Appendix 3C
# Subject to having the suitable testing functions, one multi-function tester/meter may be provided in
place of one or more of the testing instruments specified.
Note : All equipment should be verified that they are all at sight or with other form of proof of ownership.
Oscilloscope 1
Signal generator 1
Distortion analyzer 1
Note : All equipment should be verified that they are all at sight or with other form of proof of ownership.
Multi-tester (AVO) 1
Insulation tester 1
Electric drill 1
Note : All equipment should be verified that they are all at sight or with other form of proof of ownership.
Multi-tester (AVO) 1
Insulation tester 1
Electric drill 1
Note : All equipment should be verified that they are all at sight or with other form of proof of ownership.
Welding equipment 1
Multi-tester (AVO) 1
Insulation tester 1
Temperature gauge 1
Note : All equipment should be verified that they are all at sight or with other form of proof of ownership.
Insulation tester # 2
Multi-tester (AVO) 2
Clamp-on ammeter 2
Tachometer 2
Resistor bank 1
Hydraulic tester 2
# Subject to having the suitable testing functions, one multi-function tester/meter may be provided in place
of one or more of the testing instruments specified.
Note : All equipment should be verified that they are all at sight or with other form of proof of ownership.
Welding equipment 2
Drilling machine 1
Metal cutting machine 1
Lathe 1
Milling machine 1
Shaping machine 1
Abrasive wheels 1
Portable threading machine 1
Bending machine 1
Portable generator 1
Sewage/sludge pump 1
Gas detectors 2 Capable of measuring oxygen
deficiency, explosive gas,
hydrogen sulphide and carbon
monoxide
Non-spark hand tools 1 set The tools should be safe for
working in gas risk areas
Portable air blower 1 Complete with portable air
duct and the transformation
piece
Metal scaffolding 1 set The assembly should include
the platforms, accessing
ladders and guard railings
Non-contact thermometer 1
Sound level meter 1
List of Tools / Equipment and Testing Instruments for Electrical & Mechanical Installation Annex 8 to Appendix 3C
for Sewage Treatment and Screening Plant Category
Continuity tester # 1
RCD tester # 1
Phase sequence tester 1
Lux meter 1
D.C. voltage and current injection 1 For the calibration of
set instruments (0 - 1 A D.C. and 0
- 10 V D.C.)
Hydraulic compression tool 1 set Capable of jointing power
supply cable to the cable lugs
Proof of regular calibration (for Required At least yearly and as
instrument only), e.g. calibration requested when the instrument
certificates issued by HOKLAS is in doubt
accredited laboratory or
equivalent institutions
# Subject to having the suitable testing functions, one multi-function tester/meter may be provided in place
of one or more of the testing instruments specified.
Note : All equipment should be verified that they are all at sight or with other form of proof of ownership.
Conduit bender 1 2 3
Conduit cutter 1 2 3
Continuity tester # 1 2 3
Insulation tester # 1 2 3
Multi-tester (AVO) 1 2 3
Clamp-on ammeter 1 2 3
RCD tester # 1 1 2
Ductor tester - - 1
Lux meter 1 1 1
Proof of regular calibration (for Required Required Required At least yearly and as
instrument only), e.g. calibration requested when the
certificates issued by HOKLAS instrument is in doubt
accredited laboratory or
equivalent institutions
# Subject to having the suitable testing functions, one multi-function tester/meter may be provided in place
of one or more of the testing instruments specified.
Note : All equipment should be verified that they are all at sight or with other form of proof of ownership.
Note : All equipment should be verified that they are all at sight or with other form of proof of ownership.
Contractors must be capable of fabricating manufacturing unfired pressure vessels (both vertical and
horizontal) to BS 5500 and the requirements as detailed below:
Construction shall also provide accessories associated with the vessel, including:
Anti-vacuum valve
Group I Group II
Insulation tester 1 2
Multi-tester (AVO) 1 2
Welding equipment 1 2
Bending machine 1 2
Drilling machine 1 2
Proof of regular calibration (for Required Required At least yearly and as requested
instrument only), e.g. calibration when the instrument is in doubt
certificates issued by HOKLAS
accredited laboratory or equivalent
institutions
Note : All equipment should be verified that they are all at sight or with other form of proof of ownership.
Welding equipment 1
Bending machine 1
Drilling machine 1
Conduit bender 1
Conduit cutter 1
Tachometer 1
Multi-tester (AVO) 2
Continuity tester # 1
Clamp-on ammeter 1
Insulation tester # 1
# Subject to having the suitable testing functions, one multi-function tester/meter may be provided in place
of one or more of the testing instruments specified.
Note : All equipment should be verified that they are all at sight or with other form of proof of ownership.
Notes: (a) All except Ground Investigation Drillers must be able to speak English and understand instructions
written in English.
(b) An individual may fill only one of the positions at any one time.
(c) The degree shall be up to degree level as assessed by the Hong Kong Council for Academic Accreditation
(HKCAA).
(d) Examples of degree in geology: Applied Geology, Earth Science, Engineering Geology, Geological
Sciences, Geology, Mining Geology and Petroleum Geology.
(e) Examples of cognate subjects: Environmental Science, Geography, Geomorphology, Geotechnical
Engineering, Mining and Soil Science.
(f) Applicants will be required to submit documentary evidence in support of their core logging experience
(e.g. submission of logs that the applicant has produced, including a brief statement of 2-3 pages
explaining the reasons for submitting those particular logs).
Minimum Personnel Requirements for Ground Investigation Field Work Category Annex 15 to Appendix 3C
(g) Examples of geological based subjects: Applied Geology, Earth Dynamics, Earth Systems,
Economic/Mining Geology, Engineering Geology, Environmental Geology, Field Camp/Field
School/Field Mapping, Geochemistry, Geomorphology, Earth/Surficial Processes,
Landform/Quaternary Geology, Geophysics, Historical Geology, Hydrogeology, Mineralogy,
Palaeontology, Petroleum Geology, Petrology (Igneous, Metamorphic & Sedimentary), Physical
Geology, Physics of the Earth, Plate Tectonics, Regional Geology, Rock Mechanics,
Sedimentology/Principles of Sedimentation, Stratigraphy, Soil Mechanics and Structural Geology. An
applicant who holds a degree in geology or a cognate subject in which at least 25% but less than 50% of
the course content comprises geological based subjects is considered to have topped up the geological
based subjects in his or her degree to at least 50% if he or she has obtained a recognized relevant post-
degree qualification (e.g. Post-graduate Diploma in Earth Sciences at the University of Hong Kong or
equivalent).
(h) The Safety Officer may be working part-time only for a Group I contractor.
Number/Length/Set
Equipment Group I Group II
Water Pumps 4 10
Set of equipment for air-foam drilling 0 2
NW & HW 160m for each size 600m for each size
Casings
HW 40m 100m
U100/U76 4 10
samplers
Piston 2 2
Soil
Mazier 4 10
Double tube (TNW & T2-101) 4 each 10 each
samplers
Rock
Conduit cutter 2
Continuity tester # 2
Insulation tester # 1
Multi-tester (AVO) 2
RCD tester # 1
Ductor tester 1
Cable jointer 1
HV insulator tester 1
Injection tester 1
Clamp-on ammeter 2
# Subject to having the suitable testing functions, one multi-function tester/meter may be provided in place
of one or more of the testing instruments specified.
Note : All equipment should be verified that they are all at sight or with other form of proof of ownership.
1. Qualification Criteria
1.1. The applicant must be registered in the list of Registered Specialist Contractor for Site Formation
Works of the Buildings Department.
1.2. The applicant must have obtained either ISO Certification or if they do not have suitable
works contracts in hand for certification auditing, a confirmation from a certification body
accredited by the HKAS to issue the Certification or considered to be equivalent by the DEVB that
a full review of the Quality Manual of their Hong Kong office has been carried out in Hong Kong
by the certification body and such Quality Manual has been confirmed by the certification body
as being in conformity with the requirements of the relevant ISO standard. The scope of
certification should include landslip preventive/remedial works to slopes/retaining walls.
1.3. The applicant must achieve the minimum passing scores for the aggregate mark of the assessment
and for individual or combined sections of the assessment as detailed in Section 2 below in the
following attributes:
1.3.1. Experience and performance on Government contracts (see Notes 1 and 2 of section 2.1 below) on Roads
& Drainage and/or Site Formation categories (Group B or above) in the past 3 years.
1.3.2. Experience and performance on landslip preventive, remedial or formation works of slopes
and/or retaining walls in areas immediately behind occupied structures, adjacent to railway
lines or public roads in the past 3 years.
1.3.3. Experience, availability and organization of managerial, professional, technical and site
safety staff with particular emphasis on Landslip Preventive Measures (LPM) type works.
Technical Requirement for Landslip Preventive/Remedial Works to Slopes/Retaining Wall Category Annex 18 to Appendix 3C
2. Method of Assessment
2.1. Experience on Government contracts(see Note 1) under the Roads & Drainage and/or Site Formation
categories in the past 3 years
Criteria Marks
Applicant is not on the Approved List under R&D or SF categories 0
Applicant is on the Approved List under R&D or SF categories at Group B 2
Applicant is on the Approved List under R&D or SF categories at Group C 5
(see Note 2)
Between 1 and 5 no. performance reports in either or both
Add 2
categories
Between 6 and 8 no. performance reports(see Note 2) in either or both
Add 4
categories
Between 9 and 12 no. performance reports(see Note 2) in either of both
categories Add 6
More than 12 performance reports in either or both categories Add 10
Maximum score 15
marks
Notes:
(1) Government contracts that have been completed by the applicant as main contractor or first-tier subcontractor
of the main contract.
(2) For the applicant as main contractor for Government contract, performance reports shall refer to the reports
stipulated in Section 4 of Contractor Management Handbook. For the applicant as subcontractor for
Government contract, performance reports shall refer to the above quarterly reports covering the applicant’s
work period of the subcontract.
2.2. Performance on Government Contracts(see Note 1 of section 2.1 above) under Road & Drainage and/or Site
Formation categories in the past 3 years
Criteria Marks
10% or more of performance reports adverse or no performance reports 0
More than 5% but less than 10% performance reports adverse 4
Up to 5% performance reports adverse 8
No adverse reports 12
No adverse and some very good reports 15
Maximum score 15
marks
Note:
(1) Notwithstanding Note 2 in section 2.1 above for counting the number of performance reports on Government
contract to assess the applicant’s experience, only performance reports of the applicant as main contractor for
Government contract will be counted for assessing his performance under section 2.2. Therefore, this section
2.2 will not apply when the applicant has undertaken only subcontracts in the period.
Technical Requirement for Landslip Preventive/Remedial Works to Slopes/Retaining Wall Category Annex 18 to Appendix 3C
2.3. Experience and performance on landslip preventive, remedial or formation works of slopes and/or
retaining walls in areas immediately behind occupied structures, adjacent railway lines or public
roads in the past 3 years
Criteria Marks
No. of sites on which LPM Less than 3 0
works were completed by the 3 to 6 5
applicant satisfactorily More than 6 10
No. of sites each with value of 2 to 3 Add 5
LPM works higher than $2M
completed by the applicant 4 or more Add 10
satisfactorily
The applicant completed LPM works
satisfactorily on at least 6
Add 5
simultaneously active sites with total
value of works higher than $7M
Multiple-site experience
The applicant completed LPM works
satisfactorily on at least 8
Add 10
simultaneously active sites with total
value of works higher than $10M
Maximum score 30
marks
Note:
(1) For avoidance of doubt, for entry into probation, relevant subcontracts of any tier for Government LPM works
will be counted for assessment in section 2.3.
2.4. Overall experience and performance in works of Roads & Drainage, Site Formation and Landslip
Preventive Works in the past 3 years
Criteria Marks
Assessments in Sections 2.1, 2.2 and Aggregate of marks scored in Sections 2.1,
2.3 above 2.2 and 2.3 above
Maximum score 60 marks
(or 45 marks when section 2.2 does not
apply, vide Note 1 of section 2.2 above)
Technical Requirement for Landslip Preventive/Remedial Works to Slopes/Retaining Wall Category Annex 18 to Appendix 3C
2.5. Experience, availability and organization of managerial, professional, technical and safety staff
with particular emphasis on experience for LPM type works
Criteria Marks
No full-time member of management level staff has 5 years or more
relevant local experience (gained within the past 10 years) in 0
managing a construction firm
At least one full-time member(1) of management level staff has a
minimum of 5 years relevant local experience (gained within the 5
past 10 years ) in managing a construction firm
At least one full-time member(1) of management level staff has a
minimum of 5 years relevant local experience (gained within the
past 10 years) in managing a construction firm
Plus 10
A minimum 2 years experience in managing multiple site contracts
and LPM type works over the past 5 years
Maximum score 10
marks
Minimum passing
score(2) 5 marks
Notes:
(1) The member of staff must have worked full-time for the applicant for at least one year.
(2) The application will be rejected if the marks achieved are below the minimum passing score in this
section irrespective of whether the aggregate total of marks achieved in this assessment is higher than
the overall minimum passing score.
Criteria Marks
No staff employed full-time who holds a relevant degree from a HK
university or equivalent and with a minimum of 5 years local 0
experience in site formation or LPM-type works
At least one full-time member of staff(1) with a relevant degree from
a HK university or equivalent and with a minimum of 5 years local 5
experience in site formation or LPM-type works
At least one full-time member of staff(1) with a relevant professional
qualification (RPE (G or C), MHKIE (G or C), etc.) and with a
minimum of 5 years local experience in site formation or 10
LPM-type works
Maximum score 10
marks
Minimum passing
score(2) 5 marks
Notes:
(1) The member of staff must have worked full-time for the applicant for at least one year.
(2) The application will be rejected if the marks achieved are below the minimum passing score in this
section irrespective of whether the aggregate total of marks achieved in this assessment is higher than
the overall minimum passing score.
Technical Requirement for Landslip Preventive/Remedial Works to Slopes/Retaining Wall Category Annex 18 to Appendix 3C
Criteria Marks
No full time member of technical staff has the academic qualification
and minimum local experience in site formation or LPM-type works 0
of the 3 combinations below
At least one full-time member of staff(1) with an Ordinary Certificate
in Civil Engineering and with a minimum of 5 years local experience 2
in site formation or LPM-type works
At least one full-time member of staff(1) with a Higher Certificate in
Civil Engineering and with a minimum of 3 years local experience in 3
site formation or LPM-type works
At least one full-time member of staff(1) with a relevant degree from a
HK university or equivalent and with a minimum of 3 years local 5
experience in site formation or LPM-type works
Maximum score 5
marks
Minimum passing
score(2) 2 marks
Notes:
(1) The member of staff must have worked full-time for the applicant for at least one year.
(2) The application will be rejected if the marks achieved are below the minimum passing score in this
section irrespective of whether the aggregate total of marks achieved is higher than the overall
minimum passing score.
2.5.4. Safety Staff (excluding staff assessed in 2.5.1, 2.5.2 and 2.5.3)
Criteria Marks
No Registered Safety Officer employed full time 0
One Registered Safety Officer(1) employed full time 3
Two or more Registered Safety Officers(1) employed
full time 5
Maximum score 5 marks
Minimum passing score(2) 3
marks
Notes:
(1) The member of staff must have worked full-time for the applicant for at least one year.
(2) The application will be rejected if the marks achieved are below the minimum passing score in this
section irrespective of whether the aggregate total of marks achieved in this assessment is higher than
the overall minimum passing score
Technical Requirement for Landslip Preventive/Remedial Works to Slopes/Retaining Wall Category Annex 18 to Appendix 3C
Criteria Marks
The applicant owns less than 7 types of the following 10 types of plant:
Drilling rig for soil nails, grout pump, shotcrete machine, excavator,
0
hydraulic breaker, pneumatic drill, roller, crane truck, air
compressor, generator.
The applicant owns at least 7 types of the above plant. 5
The applicant owns all 10 types of the above plant and more than one
unit each of the following:
10
Drilling rig for soil nails, grout pump, shotcrete machine, air
compressor and generator.
Maximum score 10
marks
Minimum passing
score(1) 5 marks
Note:
(1) The application will be rejected if the marks achieved are below the minimum passing score in this section
irrespective of whether the aggregate total of marks achieved in this assessment is higher than the overall
minimum passing score.
3. Acceptance Criteria
3.1. The applicant will be recommended for acceptance if the aggregate total of marks achieved in
Sections 2.4, 2.5.1, 2.5.2, 2.5.3, 2.5.4 and 2.6 is equal to or higher than 65% of the maximum marks,
and the marks achieved in these sections are all higher than the minimum passing scores of the
respective sections subject to compliance with the criteria stated in Sections 1.1 and 1.2.
3.2. Successful applicants will normally be accepted into the List on probation. The maximum number
of contracts and total value of works that a probationary contractor is eligible to tender and for
award of the contracts are stipulated in Appendix 3C.
4.1. A probationary contractor may apply for confirmation to the Secretary for Development in
writing when they have satisfactorily completed, as main contractor or first-tier subcontractor (see
Note 1 in section 2.1 above)
, at least one Government Landslip Preventive Measures contract or its first tier
subcontract awarded after gaining the probationary status, containing multiple sites and of the
specified value. Confirmation will also be subject to the contractor being able to meet the
financial criteria applicable to confirmed status, having the appropriate technical and management
capabilities and in all other ways being considered suitable for confirmation.
Note : All equipment should be verified that they are all at sight or with other form of proof of ownership.
Welding equipment 1
Chain block 1
Multi-tester (AVO) 1
Insulation tester 1
Holiday detector 1
Non-spark hand tools (e.g. spanner, 1 set The tools should be safe for
screwdriver, hammer, etc.) working in gas risk areas
Note : All equipment should be verified that they are all at sight or with other form of proof of ownership.
Multi-tester (AVO) 2
Insulation tester # 2
Ductor tester 1
Continuity tester # 1
Busbar cutter 1
Drilling machine 1
# Subject to having the suitable testing functions, one multi-function tester/meter may be provided in place
of one or more of the testing instruments specified.
Note : All equipment should be verified that they are all at sight or with other form of proof of ownership.
Welding equipment 1
Drilling machine 1
Note : All equipment should be verified that they are all at sight or with other form of proof of ownership.
Group I Group II
Welding equipment 1 2
Lathe 1 1
Drilling machine 1 2
Abrasive wheels 1 1
Milling machine - 1
Shaping machine - 1
Note : All equipment should be verified that they are all at sight or with other form of proof of ownership.
Note : All equipment should be verified that they are all at sight or with other form of proof of ownership.
Welding equipment 2
Hydraulic tester 2
Drilling machine 2
Pipe threading and bending
2
machine
Pressure gauge 2
Temperature Gauge 2
Note : All equipment should be verified that they are all at sight or with other form of proof of ownership.
Megger tester 1
Multi-tester (AVO) 1
Personnel safety devices (e.g. 3 sets
helmet, eye goggles, safety belt &
shoes, heat resistant gloves &
overall)
Miscellaneous tools (e.g. screw 2 sets
driver, spanner, drill, hammer,
inspection mirror, sealing chipper,
lead chip & wire)
Proof of regular calibration (for Required At least yearly and as requested
instrument only), e.g. calibration when the instrument is in doubt
certificates issued by HOKLAS
accredited laboratory or
equivalent institutions
Note : All equipment should be verified that they are all at sight or with other form of proof of ownership.
Note : All equipment should be verified that they are all at sight or with other form of proof of ownership.
Crane Lorry 1
Hand tools (e.g. screw driver, 2 sets
spanners, electric drill, hammer,
etc.)
Multi-tester (AVO) 1
Megger tester 1
Personnel safety device (e.g. 3 sets
helmet, eye goggles, safety belt,
shoes and overall, etc.)
Proof of regular calibration (for Required At least yearly and as requested
instrument only), e.g. calibration when the instrument is in doubt
certificates issued by HOKLAS
accredited laboratory or equivalent
institutions
Note : All equipment should be verified that they are all at sight or with other form of proof of ownership.
Welding equipment 1
Bending machine 1
Drilling machine 1
Conduit bender 1
Conduit cutter 1
Tachometer 1
Multi-tester (AVO) 2
Continuity tester # 1
Clamp-on ammeter 1
Insulation tester # 1
Digital thermometer 1
Chlorine detector 1
Note : All equipment should be verified that they are all at sight or with other form of proof of ownership.
Note : All equipment should be verified that they are all at sight or with other form of proof of ownership.
Note : All equipment should be verified that they are all at sight or with other form of proof of ownership.
Minimum Personnel and Equipment Requirements for Landscaping Category Annex 35 to Appendix 3C
Class I : General Landscape Work
Minimum Personnel and Equipment Requirements for Landscaping Category Annex 35 to Appendix 3C
Class I : General Landscape Work
Notes :
(a) All individuals must be full time employees of the applicant and must be resident Hong Kong Identity
Card Holders or Work Visa Holders, and the practice must constitute their principal source of
employment. Documentary evidence such as self-declaration letter specifying full-time employment
with the company, bank payroll statement, Mandatory Provident Fund contribution record, Employer’s
Return of Remuneration and Pensions to Inland Revenue Department, etc. shall be produced.
(b) All individuals may fill only one of the positions at any one time, unless stated otherwise.
(c) The experience of all individuals must be full time experience gained in Hong Kong.
(d) The horticulturalist and the tree specialist can be the same person for Group I contractors but cannot
be the same person for Group II contractors.
(e) Related disciplines of horticulture include agriculture, arboriculture, botany, landscape architecture,
landscape management, landscape science, plant science, or equivalent.
(f) ‘Satisfactorily completed’ means achievement of satisfactory level of competency assessment through
examination, assignment and/or class performance.
(g) Programme in related field of horticulture shall comprise core course module in subjects including
botany, soil science and fertility, diagnosis, treatment and control of plant pests and diseases, nursery
management, and landscape management, or equivalent.
(h) The qualification or certification shall be obtained through satisfactory passing of examination or
assessment process within the institute or organization.
(i) Related disciplines of arboriculture include botany, forestry, horticulture, landscape architecture,
landscape management, landscape science, plant science, or equivalent.
(j) Programme in related field of arboriculture shall comprise core course module in subjects including
tree identification and biology, tree planting, protection and establishment, pruning, plant health care,
diagnosis and disorder, tree risk assessment and management, and tree works safety, or equivalent.
Minimum Personnel and Equipment Requirements for Landscaping Category, Class I : Annex 35 to Appendix 3C
General Landscape Work
Minimum Plant and Equipment Requirements for Group I and Group II Contractors
Advanced tree diagnostic equipment such as Documentary proof of ownership of the equipment
resistograph and tomograph, and auxiliary plant and or ability to source the equipment from third party
tools for ready set-up, testing, fine-tuning and when required, should be produced.
maintenance of the equipment.
Basic tools and equipment that are necessary to Documentary proof of ownership of the tools and
enable the contractor to perform effectively the equipment should be produced.
works as defined in the Brief Scope of
Category/Class, such as hoe, saw, shears, spade,
mattock, shoulder sprayers, power chainsaw, tree
climbing saddles, braided climbing ropes, carabiner,
bow saw, pole saw, long-arm pruner
Personal protective equipment that are necessary to Documentary proof of ownership of the equipment
enable the contractor to perform safely the works as should be produced.
defined in the Brief Scope of Category/Class, such
as safety steel toe cap boots, chainsaw gloves,
chainsaw pants, safety helmet with face guard,
safety glasses or goggles and ear defenders
Minimum Requirement
Item of Assessment Remark
Group I Group II
Note: All equipment should be verified that they are all at sight or with other form of proof of ownership.
RESTRICTED
Contract Title :
Commencement Date :
Contract Stage *
Original Contract Completion Date :
WHOLE
C Contract Value
Original contract sum $M
Estimated value of work done for this quarter $M
Estimated value of work done to date $M
Estimated value of work outstanding $M
Other matters allowed for in final contract sum $M
Estimated final contract sum $M
D Performance
VG G S P VP NA VG : Very Good
1 Workmanship G : Good Performance Score
2 Progress S : Satisfactory of this report:
3 Site safety P : Poor
4 Environmental pollution control VP : Very Poor
5 Organisation NA: Not Applicable
6 General obligations Note :
7 Industry awareness 1. A "Very Poor" in any one of sections 1,2,3,4 or Item
6.10 will be a mandatory "Very Poor" in the "Overall
8 Resources performance" and the report will be rated as "Adverse"
9 Design 2. If the performance score is less than 40, the "Overall
10 Attendance to emergency performance" will be a mandatory" Very Poor" and the
Overall performance report will be rated as "Adverse".
Appendix 4A Page 1 of 4
Revision Date: January 2021
E Claims #
No. Claimed Assessed Awarded Awarded/Assessed Unresolved
EOT claims
Up to last period days days days % days
Total to-date days days days % days
Monetary claims
Up to last period $M $M $M % $M
Total to-date $M $M $M % $M
Attitude to claims : reasonable/unreasonable/no claims submitted * (If unreasonable, comment)
(Include an assessment of the contractor's overall progress compared to his original programme, see Section 2 of GN. The Chief Engineer/Architect/Head of
Office (for Consultants Administered Projects) should entirely satisfy himself/herself that there is adequate documented evidence to prove that an Adverse
report is warranted before endorsement.)
( ) ( ) ( )
Engineer/ Senior Engineer/ Chief Engineer/Architect/
Engineer's/Supervising Officer’s/ Engineer/Supervising Officer/ Head of Office (for Consultants
Maintenance Surveyor's Representative/ Maintenance Surveyor/Others* Administered Projects)/Others *
Others* for the Contract for the Contract
(The Chairman of the Reporting Review Committee should entirely satisfy himself/herself that there is adequate documented evidence to prove that an Adverse
report is warranted before endorsement/amendment.)
This report is endorsed/has been amended * by the Reporting Review Committee
Remarks (only if Engineer/Supervising Officer/Maintenance Surveyor/others report amended) :
Appendix 4A Page 2 of 4
Revision Date: January 2021
RESTRICTED
ITEM ASPECTS OF PERFORMANCE Very Good Good Satisfactory Poor Very Poor Not Applicable
Section 1 Workmanship
1.1 Standard of temporary works
1.2 Standard of materials/equipment supplied
1.3 Standard of workmanship, earthworks
1.4 Standard of workmanship, structural
1.5 Standard of workmanship, finishes
1.6 Standard of workmanship, conduit/pipe/duct works
1.7 Standard of workmanship, equipment and plant
1.8 Standard of workmanship, testing and commissioning
1.9 Standard of workmanship, landscape softworks/tree works
1.10 Standard of workmanship, others
Overall rating
Section 2 Progress
2.1 Adequacy of programme
2.2 Adherence to programme
2.3 Updating of programme
2.4 Suitability of method and sequence of working
2.5 Achievement in period
2.6 Action taken to mitigate delay/catch up with programme
Overall rating
Section 5 Organisation
5.1 Adequacy of organisation structure
5.2 Support by head office
5.3 Adequacy of planning of work
5.4 Adequacy of delegation of authority
5.5 Control of supervisory staff by Site Agent
5.6 Management of sub-contractors by Site Agent
5.7 Adequacy of site supervisory staff
5.8 Identification of and responsiveness to problems
5.9 Compliance with provisions in SCC on sub-contracting and
submission of the SMP
Overall rating
Appendix 4A Page 3 of 4
Revision Date: January 2021
RESTRICTED
ITEM ASPECTS OF PERFORMANCE Very Good Good Satisfactory Poor Very Poor Not Applicable
Section 8 Resources
8.1 Adequacy of plant resources
8.2 Adequacy of labour resources
8.3 Adequacy of material resources
Overall rating
Section 9 Design
9.1 Collection & appreciation of information (e.g. design codes,
design parameters)
9.2 Adequacy and quality of design solutions
9.3 Environmental friendliness, health & safety, innovation,
energy efficiency, life cycle costs and productivity
9.4 enhancementswith relevant government departments
Consultation
and utility undertakers
9.5 Quality and promptness of design submissions
9.6 Quality and timely submission of as-built drawings,
maintenance manuals and warranties
Overall rating
Note
Mark appropriate box of performance for each item with "X".
Appendix 4A Page 4 of 4
Revision Date: January 2021
1. The report is for the performance in the period under review only. Previous poor performance which
has led to adverse consequences in the period under review, such as poor progress resulting in the
deduction of Liquidated Damages in the period under review, should not in itself be taken into account.
The contractor should be assessed on how he has dealt with the situation on site as it was at the
commencement of the period under review. However, if, for example, the poor quality of previous
workmanship only comes to light during the period under review, then this should be reflected in the
assessment.
2. It is not expected that the weighting given to each section or individual aspect of performance will be
uniform for all types of contracts or for any group of contracts. The Reporting Officer (RO) and the
Engineer/Supervising Officer/Maintenance Surveyor for the contract are to use their knowledge of the
contract in question to reach a conclusion, recognising that the reporting system is administrative and
commercial but not contractual.
3. Reporting Officers should note that as a result of the weightings given to each aspect of performance
within a section, a contractor may still be given an overall rating of “Poor” or “Very Poor” for the section
despite "Satisfactory" or possibly “Good” or "Very Good" marks for all items except one or two for
which a "Poor" or “Very Poor” mark is given.
4. In contracts where the RO considers one or two aspects of performance to be of paramount importance
such as, for example, the contractor’s compliance with road opening conditions for a waterworks
contract, the RO should consider assigning an adequate weighting to this item of performance such that
an “adverse” report will result if the contractor is assessed to be “Very Poor” in this aspect
notwithstanding his performance in the remaining sections of the report.
5. Reporting of Building, Specialist and Term Contracts will be made on the same standard performance
report Part I - Summary of Performance, but departments may revise Part II - Individual Aspects of
Performance, to suit their own needs. However, departments should as far as possible adopt the standard
items of reporting to facilitate comparison of performance. Domestic sub-contractors and minor works
will not be included in the performance reporting system but departments may maintain their own
records of sub-contractors’ and minor works contractors’ performance.
6. In cases where a nominated sub-contractor has been specified for the contract, the performance of the
nominated sub-contractor shall be reported separately in addition to reporting of the main contractor.
However, the RO should be in no doubt that the responsibility for the performance of the contract lies
wholly on the main contractor and not the nominated sub-contractor.
7. Every effort should be made by the RO to ensure that the assessment is objective for all sections of
the Report.
8. Should any aspect of the Report be considered “Poor” or “Very Poor” (as defined in Appendix 4B Part
B) by the RO, then such assessment must be supported by relevant evidence.
Appendix 4B Page 1 of 28
Revision Date: January 2021
9. The Report is assigned a performance score in accordance with ETWB TC(W) No. 3/2007 and DEVB
TC(W) No. 3/2007A. The Report will be rated as “Adverse” if its performance score is <40.
10. The contract clauses and terminologies referred to in the following guidance notes follow the numbering
system and terms of the General Conditions of Contract for Civil Engineering Works (1999 Edition)
and may be different from those in GCC for other types of works or in NEC.
Appendix 4B Page 2 of 28
Revision Date: January 2021
The following quarters and dates for the reporting periods shall be adopted in all performance reports:
Where shorter reporting periods are used, the periods should be consecutive and should be timed to fall entirely
within one quarter.
Contractor's name Exact name as given by the list of reference codes circulated by
DEVB must be used.
Predominant category of work Put category, i.e. BD, PW, RD, SF, WW, that is predominant by
value for the whole of the works. Up to two categories of work can
be input.
Appendix 4B Page 3 of 28
Revision Date: January 2021
Completion dates Where there are more than seven sections in a contract, the seven
most critical sections (possibly those carrying the highest
Liquidated Damages) should be recorded.
“Extended” completion date This should be the original contract completion date plus those
extensions of time that have actually been awarded at the time of
preparing the report.
Other matters allowed for in This should include all approved variations incurring additional
final contract sum costs which were not included in the original contract sum.
Section D Performance
Performance The rating should be the overall rating given in Part II for each
aspect of performance.
Section E Claims
Appendix 4B Page 4 of 28
Revision Date: January 2021
(b) Justification
(c) Responsiveness
Appendix 4B Page 5 of 28
Revision Date: January 2021
If the contractor has nominated the contract for participation in any construction-related award schemes and
won any such awards during the reporting period, the RO should record the achievement in Section F.
The contents of the report should be agreed with the countersigning officer before finalising. The signatories
for “Supervising Officer’s/Engineer’s/Maintenance Surveyor’s Representative” and “Supervising
Officer/Engineer/Maintenance Surveyor” should be those designated as such in accordance with the
contract. Endorsement is not needed for department-administered contracts and is only necessary when the
contract is consultant-administered and the report is completed by the consultant.
The Chief Engineer/Architect/Head of Office (for Consultants Administered Projects) should entirely
satisfy himself/herself that there is adequate documented evidence to prove that an Adverse report is
warranted before endorsement.
The Chairman of the Reporting Review Committee should entirely satisfy himself/herself that there is
adequate documented evidence to prove that an Adverse report is warranted before
endorsement/amendment.
Appendix 4B Page 6 of 28
Revision Date: January 2021
The RO should note that for certain types of work, not all items of the performance report may be applicable.
Where any items are clearly inapplicable, the RO should note "N.A." in the relevant item of the report.
Section 1 - Workmanship
An overall “Very Poor” rating in this section will result in an “Adverse” report.
- are all materials and components used for the works generally of good
quality, free from significant corrosion and damage or excessive
deterioration?
- where welds are present, have they been carried out in accordance with the
Contract?
- if timber is used, is there evidence of physical damage, signs of attack by
decay, rot or insect attack or the development of shakes or spits?
- is bamboo used for scaffolding relatively new and free from splits along its
entire length? Are joints securely tied and the whole scaffold anchored to
the workface?
- are temporary faces of excavations properly supported and maintained in a
stable condition as required by the Contract prior to reinstatement?
- are earthworks final surfaces protected from damage due to water or other
causes and from exposure to conditions which may adversely affect the
surface prior to installation of permanent works in accordance with the
Contract?
- are dewatering operations causing instability or settlement of adjacent land
or structures?
- are temporary drainage facilities adequate for preventing flooding and
surface erosion as required by the Contract?
- are the temporary works carried out in accordance with that submitted by
the contractor?
- are the safety margins adequate against the risk of failure?
- does the contractor’s design meet the contract requirements?
Where the temporary works are of such importance that these have been specified
to be independently checked in accordance with paragraph 9.35 of Chapter 5 of
PAH,
- have the temporary works been designed with the factor of safety
appropriate to the risk involved or as specified?
- are the works constructed according to the certified design?
Appendix 4B Page 7 of 28
Revision Date: January 2021
- do lines and levels for filling, excavation and dredging comply with the
tolerances given in the Specification?
- are the materials used for backfilling in accordance with the Contract?
- are degrees of compaction adequate in accordance with the Contract?
- is the stockpile of excavated material suitable for backfilling adequately
protected as per the Contract?
- have all finishes been carried out such that the characteristics of finish
specified on the drawings and tolerances given in the Specification are met?
- where trial panels have been specified, does the finished surface comply
with the approved trial panel?
- for structural steelwork, has the contractor carried out all the relevant
procedures specified for preparation of the steel surface prior to application
of the next paint layer or coating?
Items 1.6 - 1.8 Standard of workmanship, conduit/pipe/duct works, equipment and plant and
testing and commissioning
These items are to be used for reporting of Specialist contractors where such works
may be the predominant works for that period.
Appendix 4B Page 8 of 28
Revision Date: January 2021
Workmanship
- are all materials including plants, soil mix, soil conditioner, mulch,
fertilizer, stakes/ties/guys, protective fabric material etc. used for the
landscape works generally of good quality and in accordance with the
Specification?
- is topsoil material properly re-used?
- are materials for hydroseeding well mixed and properly sprayed?
- is protective material placed according to the Specification?
Appendix 4B Page 9 of 28
Revision Date: January 2021
Any other type of workmanship that are not covered in the preceding items should
be assessed in this item. The RO’s assessment should be based on whether the
works are carried out in accordance with the Specification, the tolerances achieved,
the quality of material used, the strength achieved where this may be required and
whether repairs or reinstatement works have to be carried out in order for the works
to attain an acceptable standard.
Section 2 - Progress
An overall “Very Poor” rating in this section will result in an “Adverse” report.
1. This section should be confined to reporting of the contractor's progress within the reporting period
and his efforts in dealing with any delays caused by his previous slow progress.
2. The progress during the reporting period should be reported irrespective of his performance over
previous periods.
3. The contractor’s progress should be judged on the most updated programme which should have
reflected any steps required to be taken during the reporting period to overcome previous delays. The
RO should take into account the delays occurring within the reporting period for which it is obvious
that extension of time (EOT) would be considered.
4. The contractor’s performance can be rated "Satisfactory" or above despite possibly obtaining an
adverse report during the previous quarter provided he has achieved or exceeded the progress
anticipated from the programme agreed during the reporting period.
5. While all claims for extension of time for completion of the works (EOT) should be assessed,
determined and granted within a reasonable time in accordance with GCC Clause 50, the RO
should take into account the potential EOT for claims submitted by the contractor in assessing
the progress, which had not yet been determined by the Engineer.
Appendix 4B Page 10 of 28
Revision Date: January 2021
- has the contractor completed the works according to the programme agreed
during the period?
(The RO should consider giving a “Good” or “Very Good” rating to the contractor
for the above achievement made.)
- has the actions taken by the contractor to catch up with any delay due to his
previous slow progress been effective?
- has he devoted more labour and equipment to the works and improved his
method of working where necessary?
Appendix 4B Page 11 of 28
Revision Date: January 2021
An overall “Very Poor” rating in this section will result in an “Adverse” report.
A 5-grade score card should be used for assessing the contractor’s performance on site safety with reference
to DEVB TC(W) No. 1/2020 (and its subsequent amendments) except for the maintenance period, defect
liability period, or establishment period of the contract whereby the completion of score card is not required
for the assessment. The score card has six sections which correspond with the performance aspects for the
“Site Safety” section in the Report on Contractors’ Performance (RCP). Hence, the scores of individual
sections should be used to determine the performance rating of the contractor for the corresponding
performance aspects in the RCP. A set of guidance notes is also given in the above DEVB TC(W) for
marking the sub-items in the score card. Furthermore, the total score of the score card will form the basis
to determine the overall performance rating of the contractor for “Site Safety” section in the RCP.
For RCP where the completion of score card is not required, the set of guidance notes in the DEVB TC(W)
should also be used to determine the performance rating of individual aspects for “Site Safety” section in
the RCP.
A “Poor” or “Very Poor” rating in Item 4.8 will result in “Poor” or “Very Poor” rating in this section
respectively. An overall “Very Poor” rating in this section will result in an “adverse” Report.
It should be noted that any record of non-compliance or poor performance should be limited to those
occurring during the reporting period. Records of convictions should not be used as a performance criterion
as the contraventions would generally have occurred some months previously.
Appendix 4B Page 12 of 28
Revision Date: January 2021
Section 5 - Organisation
In completing the assessments, the following aspects should be considered in relation to the scope, value and
technical complexity of the contract.
Appendix 4B Page 14 of 28
Revision Date: January 2021
- does the contractor's head office have a representative who is aware of and
actively monitoring site matters?
- are head office management responsive to giving support to site
management?
- has the head office responded to the need for structural or staff changes in
the site staff organisation to meet site conditions?
- has the head office responded promptly and effectively to overcome
deficiencies?
- does the head office employ its own staff under a direct contract of
employment to effectively manage and supervise the sub-contractors?
(The Engineer should make the contractor aware of any of his concerns on the lack
of support from the contractor’s head office. These concerns should also be brought
to the attention of the contractor’s head office. Warnings in writing should be given
to the contractor and copied to his head office if the situation has not been improved
despite previous notifications. On the other hand, if the Engineer considers that the
contractor’s head office has provided better than average support on site matters,
he should record his findings properly and rate this item as “Good’ or above.)
Appendix 4B Page 15 of 28
Revision Date: January 2021
- are there good communication channels between the contractor's site staff
and the relevant resident site staff?
- does the site agent identify and recognise problem areas before they develop
too far?
- are informal communication channels with the RO set up with a view of
discussing and resolving potential problems?
- are corrective actions being initiated promptly?
- has the contractor maintained a good record in compliance with
instructions?
- has the contractor reflected the situation to the RO if he finds it difficult to
comply with any instructions?
- has the contractor taken all reasonable measures to identify any suspected
unlawful water taking activities and prevent unlawful taking of water at
the site? Such reasonable measures include :
(i) Promotion for site personnel, workers, sub-contractors and other
relevant parties against unlawful taking of water (for example,
display of posters and warning signs on site, regular briefings,
etc);
Regular inspections of the site to identify any suspected unlawful
water taking activities;
(ii) Regular checking of water bills to ensure that the amount of water
usage indicated in the bills is reasonable; and
(iii) Keeping of records of the above measures.
Appendix 4B Page 16 of 28
Revision Date: January 2021
Item 5.9 Compliance with provisions in SCC on sub-contracting and submission of the
SMP
- did the contractor ensure that his sub-contractors have not sub-contracted
the whole of the works assigned to them?
- did the contractor employ his own staff under a direct contract of
employment to manage and supervise his sub-contracting works?
- has the SMP been properly prepared as per the scope and contents stated in
the Contract?
- did the contractor submit the SMP in time?
- has the contractor submitted the proposed measures and approaches as per
the details stated in the contract?
- has the contractor updated and submitted his SMP to reflect his latest sub-
contracting arrangement?
A “Poor” or “Very Poor” rating in Item 6.1 will result in “Poor” or “Very Poor” rating in this section
respectively. A “Very Poor” rating in Item 6.6 will result in overall rating of this section no better
than “Poor”. A “Very Poor” rating in Item 6.10 will result in “Very Poor” rating in the “Overall
Performance” and an “Adverse” report.
The rating of this item should be determined in accordance with the scoring method
given in Annex 1 to Appendix 4B.
- has the contractor exercised due care in the care of the works including also
construction plant, temporary works and materials on site?
- has the contractor always been difficult in care of the works despite repeated
warnings?
- in case of damage, has the contractor made good the damage with
reasonable speed?
- have coordination meetings been held with the utility undertakings and
other authorised contractors to work out an agreed works programme?
- has the contractor maintained close liaison with utility undertakings and
other authorised contractors and informed the RO on the developments with
respect to the agreed programme?
Appendix 4B Page 17 of 28
Revision Date: January 2021
- has the contractor made reasonable allowance for time and provision of
facilities and working space for utility undertakings and other authorised
contractors in his programme?
- has the contractor taken reasonable steps to co-operate with the utilities and
other authorised contractors?
- have the utilities and other authorised contractors being reasonable in co-
operating with the contractor?
- has the contractor complied with the Code of Practice for Signing, Lighting
and Guarding of Road Works?
- has the contractor complied with the conditions of the excavation permit?
- has the contractor properly removed surplus excavated material?
- has the contractor provided adequate alternative pedestrian facilities and
information on notice boards?
- has the contractor complied with the Engineer’s instructions?
- have the manuals been submitted within the time stipulated in the contract?
- are the manuals clear and comprehensive?
- has the contractor complied with requirements to train the employer’s staff
in the running and management of plant and other installations?
Appendix 4B Page 18 of 28
Revision Date: January 2021
(The Engineer should make the contractor aware of any of his concerns for
the deficiencies identified regarding submission of request for inspection
and/or survey check (RISC/RFI) forms. These concerns should also be
brought to the attention of the contractor’s head office. Warnings in writing
should be given to the contractor and copied to his head office if the
situation has not been improved despite repeated notifications. If the
Engineer considers that the situation amounts to a serious problem, a
“Poor” or “Very Poor” rating shall be given, depending on the degree and
extent of the problem identified. If a “Very Poor” rating is given in this
item, it will lead to a mandatory “Very Poor” in the “Overall Performance”
and the report will be rated as “Adverse”. On the other hand, if the Engineer
considers that the contractor has implemented a system better than average
(e.g. effective operation of a site inspection system adopting RISC/RFI
forms, adoption of a digital site supervision system adopting RISC/RFI
forms, adoption of a digital site supervision system, etc.), he should record
the findings in the report and rate this item as “Good” or above.)
- has the contractor paid the nominated sub-contractor and not withheld
payment without reasonable cause?
- has the contractor furnished the RO with reasonable particulars of the sub-
contractors in the SMP?
- has the contractor ensured the necessary contract conditions and provisions
be incorporated in the sub-contract?
- has the contractor provided the particulars of sub-contracting on site in his
latest submission of the SMP?
Appendix 4B Page 19 of 28
Revision Date: January 2021
- are contemporary records including plant, labour and work activities kept
accurately and submitted promptly?
- is the site diary attended to on a timely and effective basis in accordance
with GCC Clause 32?
- are daywork accounts kept accurately and submitted promptly?
- has the contractor kept up-to-date records of the movements and locations
of the material and equipment?
- has the contractor carried out physical stock taking?
- are the materials and equipment stored in a proper manner?
Appendix 4B Page 20 of 28
Revision Date: January 2021
Note:
1. Should the contractor be found responsible for the unauthorized tree felling
or damage of trees, reporting officer should consider rating this item as
‘Poor’.
A “Poor” or “Very Poor” rating in Item 7.8 will result in “Poor” or “Very Poor” rating in this section.
Item 7.1 Employment of technician apprentices and building & civil engineering
graduates
Item 7.2 Training of technician apprentices and building & civil engineering graduates
Appendix 4B Page 21 of 28
Revision Date: January 2021
- has the contractor taken reasonable steps to fulfil his obligations under GCC
clause 22(1)? If not state why.
- has he carried out his works with due care and attention for the safety of the
general public? If not state why.
- has he tried to minimise obstructions and other disturbances to the public?
If not state why.
- has the contractor provided hoarding, fencing, covered walkways and the
like, together with all necessary lighting and warning notices in English &
Chinese, and maintained the whole in good and safe condition?
- has the contractor provided a flagman, signalling system or other practical
means of controlling vehicles entering or leaving the site?
- has the contractor properly maintained wheel washing facilities to prevent
mud from being carried onto public roads by vehicles leaving the site?
- if required, has the contractor provided and properly maintained temporary
traffic lights, or provided flagmen to control traffic on the public highway?
- has the contractor provided the watchmen/security guards as specified at all
times of the day?
Item 7.5 Employment of registered skilled workers and registered semi-skilled workers
- has the contractor employed the minimum number of registered skilled
workers and semi-skilled workers of each of the specified trade divisions as
specified in the Contract?
- has the contractor demonstrated from records his continued effort to recruit
the minimum number if not immediately available?
Appendix 4B Page 22 of 28
Revision Date: January 2021
- has the contractor treated stagnant water on site and to take proper measures
to guard against mosquito breeding?
- has the contractor reacted promptly to improve the control of mosquito
breeding after written warning? A poor or very poor performance in this
aspect will result in “Poor” or “Very Poor” rating in this item respectively.
Item 7.9 Compliance with site uniform requirements
(a) For all public works contracts tendered before 1 February 2017
- has the contractor’s uniform design been submitted in a timely manner and
in compliance with the contract requirements?
- has the contractor provided the uniform and uniform changing facilities (if
required) in accordance with the contract requirements?
- is the uniform being maintained in reasonably tidy and good conditions?
- are uniform items that are damaged, torn, worn, expired or lost replaced
promptly?
- has the contractor taken reasonable steps to ensure that his site personnel
wear the uniform provided when they are on site?
- have the audit results on the wearing of uniform been satisfactory?
- are the uniform changing facilities (if required) maintained in accordance
with the contract requirements?
(b) For all public works contracts tendered on or after 1 February 2017
- has the contractor’s uniform design been submitted in a timely manner and
in compliance with the contract requirements?
- has the contractor taken reasonable steps to ensure that all non-casual
workers (who are expected to work on the Site more than 7 days) involved
in site works wear the uniform when they are on site?
Appendix 4B Page 23 of 28
Revision Date: January 2021
Section 8 - Resources
The level of resources provided by the contractor should be reviewed in monthly progress meetings and
improvement, where needed, should be pointed out specifically by the RO. The contractor shall be rated
"Very Poor" if he consistently fails to make improvement in the period and fails to achieve the targeted
progress for the period or the standards of workmanship specified.
- has the contractor provided sufficient plant resources of suitable state and
condition to achieve the planned progress?
Item 8.2 Adequacy of labour resources
Section 9 – Design
The contractor is required to comply with the contract specification and/or Employer’s Requirements and
also, where applicable, any better offers in the contractor’s Technical Proposal which forms part of the Contract
in order to be awarded a “Satisfactory” grade.
Item 9.1 Collection and appreciation of information (e.g. design codes, design
parameters)
- has the contractor collected all relevant data and interpreted them
correctly?
- have sufficient site surveys and investigation been carried out?
- have comprehensive design notes (memoranda) been prepared to
summarize design criteria?
- are design criteria appropriate?
Appendix 4B Page 24 of 28
Revision Date: January 2021
(a) General
- is the design complete?
- can the design satisfy the contractual and/or Employer’s Requirements
and/or Technical Proposal where better offers have been included?
- are the design solutions cost effective and in compliance with the
contractual and/or Employer’s Requirements and/or Technical Proposal
where better offers have been included?
- have adequate consideration, allowance and provision been given for
possible variation, if appropriate?
Item 9.3 Environmental friendliness, health and safety, innovation, energy efficiency,
life cycle costs and productivity enhancements
Appendix 4B Page 25 of 28
Revision Date: January 2021
(b) Innovation
- is adoption of innovative and intelligent building/structural design
solutions and construction methods satisfactory?
- is adoption of innovative and intelligent designs of building service,
mechanical and electrical equipment, electronic systems and other
operation and maintenance facilities satisfactory?
- has the contractor adequately incorporated innovative green measures?
- Can the adopted innovative solutions enhance quality, optimize costs
and minimize risks and impacts?
Appendix 4B Page 26 of 28
Revision Date: January 2021
Appendix 4B Page 27 of 28
Revision Date: January 2021
- does the contractor carry out emergency repairs with adequate speed and
promptness when instructed?
- are the emergency repair works of adequate standard?
Appendix 4B Page 28 of 28
ANNEX 1 Scoring Method for Item 6.1 Site Cleanliness in Section 6 on General Obligations
Score of this main item = Sum of marks obtained for all relevant sub-items x 100%
Sum of maximum marks for all relevant sub-items
Rating of Item 6.1 : Very Good / Good / Satisfactory / Poor / Very Poor
( >85% / >70-85% / >50-70% / >30-50% / 0-30% )
The following category codes shall be used for the “Predominant category of work” in Section A Part I -
Summary of Performance.
BD Buildings
BITU Supply of Bituminous Pavement Materials and Construction of Special Bituminous Surfacing
ELME Electrical and Mechanical Installation for Sewage Treatment and Screening Plant
GLAS Design, Manufacture and Installation of Glass (or Fibre) Reinforced Plastic Units for Highway Structures
LANS Landscaping
Appendix 4C Page 1 of 2
Revision Date: January 2021
OTHE Others
PI Plumbing Installation
PW Port Works
SF Site Formation
SURV Survey of Government Land Pressure Receivers subject to Steam and Air Pressure (but excluding Steam
Boilers)
WW Waterworks
Appendix 4C Page 2 of 2
Revision Date: January 2021
(4) For reports where contractors have not raised any disagreements or RRC has not proposed any alterations
(a) RRC to arrange uploading of reports Receipt of Adverse reports
and MRC to review Adverse reports by MRC, etc. from RRC
(5) For reports where contractors have raised disagreements
(a) Contractor to notify RRC of
disagreements in advance
Addressed to Contractor
Sent by registered post
Dear Sirs,
List of Approved Suppliers of Materials and Specialist Contractors for Public Works
(Category of work)
An Adverse report has been made in respect of your performance during the period
( date ) to ( date ) on contract no. ( number and name ).
Particular aspects of your performance during this period which have given rise to the adverse
report are:-
( details )
I urge you to make a rapid and substantial improvement in your performance. Should there be
further Adverse reports, I will have to call for more frequent assessments of your performance and your
competence to carry out further government contracts will be reviewed. This may result in your suspension
from tendering, downgrading or removal from the list.
( name )
for (Director of Reporting Department)
Appendix 5A Page 1 of 1
Revision Date: January 2021
Addressed to Contractor
Sent by registered post
Dear Sir,
[Contract No.]
[Contract Title]
[Nature of the Conduct]
You are an approved contractor on the List of Approved Contractors for Public Works/List
of Approved Suppliers of Materials and Specialist Contractors for Public Works* under the [works
category concerned] category.
You have submitted a tender for the above contract. However, you have [state nature of
the inappropriate conduct].
You are therefore required to present me with an explanation stating your reasons for [state
nature of the inappropriate conduct] within two weeks from the date of this letter.
Appendix 5B Page 1 of 2
Revision Date: January 2021
Should you fail to respond by the deadline stipulated in this letter or if your response fails
to dispel any reasonable suspicions as to your capability or integrity arising from the inappropriate conduct
aforementioned, the said conduct shall be counted for the purpose of taking regulating action outlined in
sub-paragraph 5.13.6(b) or (c) of the CMH.
Yours faithfully,
([Name])
for Director of [Managing Department]
* Delete as appropriate
Appendix 5B Page 2 of 2
Revision Date: January 2021
Addressed to Contractor
Sent by registered post
Dear Sir,
[Contract No.]
[Contract Title]
[Nature of the Conduct]
I have considered your letter ref. [letter ref.] dated [date] setting out your reasons for [state
nature of the conduct] and am satisfied on the basis of your letter that the [state nature of the conduct]
do(es) not give rise to reasonable suspicions as to your capability or integrity.
Following the procedure set out in the Contractor Management Handbook – Revision No.
[ ] (CMH), this matter will be recorded but will not be counted for the purposes of the imposition of
regulating action outlined in sub-paragraphs 5.13.6(b) and (c) of the CMH.
I trust you will continue to exercise reasonable care in preparing and submitting tenders for
public works contracts.
Yours faithfully,
([Name])
for Director of [Managing Department]
* Delete as appropriate
Appendix 5C Page 1 of 1
Revision Date: January 2021
Addressed to Contractor
Sent by registered post
Dear Sir,
[Contract No.]
[Contract Title]
[Nature of the Conduct]
I note that you have failed to respond to my letter [letter ref.] dated [date] concerning the
captioned [state nature of the conduct]./I have considered your letter ref. [letter ref.] dated [date] setting
out your reasons for [state nature of the conduct] and am satisfied that the said conduct does give rise to
reasonable suspicions as to your capability or integrity*. As such, the said conduct will be counted for
the purpose of taking regulating action against you.
I must warn you that if you still engage in conduct as set out in paragraph 5.13.1 of the
Contractor Management Handbook – Revision No. [ ] (CMH) in the same category and which gives rise
to reasonable suspicions as to your capability or integrity without a reason acceptable to us, I am obliged,
in accordance with paragraph 5.13.6 of the CMH, to recommend to the Development Bureau to: -
(a) remove you from the above category if the said conduct is committed within twelve months
from [the tender closing date of the contract in question]; or
(b) suspend you from tendering for public works contracts in the above category for six months
if the said conduct is committed outside the twelve-month period but within thirty-six
months from [the tender closing date of the contract in question].
Appendix 5D Page 1 of 2
Revision Date: January 2021
In future please take reasonable care in preparing and submitting tenders for public works
contracts.
Yours faithfully,
([Name])
for Director of [Managing Department]
* Delete as appropriate
Appendix 5D Page 2 of 2
Revision Date: January 2021
Substitution involves a company, firm or joint venture (“the new company”) which is normally not on the
List or the Specialist List substituting for an approved contractor (“the outgoing company”) on the List
and/or the Specialist List. The following requirements must be complied with for any application for
substitution:
(1) The conditions and pre-requisites set out in Sub-section 6.6 and this Appendix 6A must be
complied with for any application for substitution.
(2) All contractors on the List and/or the Specialist List including those who are currently under
suspension are eligible to apply for substitution. Approval on substitution will only be given
if the outgoing company is cleared of all suspension.
(3) Applications involving a contractor on the List for substituting contractor on the Specialist List,
or vice versa, are not permitted unless the contractors involved are within the same company
group1 for at least three years prior to the date of application for substitution.
(4) Applications involving a contractor not on any of the List or the Specialist List for substituting
contractor on either the List or the Specialist List are also not permitted, if the businesses of the
new company do not cover the categories in the List or the Specialist List to which the
businesses of the outgoing company belong, unless the contractors involved are within the
same company group for at least three years prior to the date of application for substitution.
The Secretary for Development shall have the absolute discretion to determine whether the
businesses of the new company are covered by the categories in the List or the Specialist List to
which the businesses of the outgoing company belong.
(5) The outgoing company must surrender to the new company and the new company must assume
from the outgoing company all relevant managerial and technical staff and other resources
previously vested with the outgoing company.
(6) If the new company meets the admission criteria, the substitution will be approved subject to
the outgoing company being still on the company register kept by the Registrar of Companies
(for a limited company) or the unincorporated body or partnership has not yet been dissolved as
at the date of the approval.
1
Two Contractors are regarded as within the same company group if they are companies, or undertakings within either of the
following, with valid documentary proof:
- companies within the same ‘group of companies’ within the meaning of the Companies Ordinance (Cap. 622),
- undertakings where one is a ‘parent undertaking’ in relation to the other, within the meaning of the Companies Ordinance
(Cap. 622), or
- undertakings where both are ‘subsidiary undertakings’ in relation to the same ‘parent undertaking’, within the meaning of
the Companies Ordinance (Cap. 622).
Appendix 6A Page 1 of 3
Revision Date: January 2021
(7) Normally, all novation agreements of outstanding contracts, if any, the Government has
previously entered into with the outgoing company are to be executed among the new
company, the outgoing company and the Government on the day of substitution unless
otherwise recommended by the Managing Departments. Here, outstanding contracts refer to
contracts where final payment certificates have not yet been issued and contracts where final
payment certificates have been issued unilaterally by the Engineers/Architects but disputed by
the contractor.
(8) The outgoing and the new companies have to submit a duly executed undertaking to the
Government as shown at Appendix 6B jointly prior to substitution. If the substitution
involves execution of novation agreements, the undertaking may be signed on the day of
substitution together with but prior to the signing of novation agreements.
(9) Once the new company has been included in the List and/or the Specialist List, the following
listing status and records of the outgoing company are deemed to have been transferred to the
new company and will be regarded as the listing status and records of the new company in the
consideration of its future bids for Government works:
(a) company experience in undertaking public works contracts, and private sector contracts
including the Housing Authority contracts in and outside Hong Kong;
(e) accident records under the public works contracts kept by DEVB.
(a) a legal opinion from an independent legal firm certifying that subject to the novation
agreements for outstanding public works contracts, there has been full transfer of the
relevant liabilities, assets, staff and resources from the outgoing company to the new
company upon completion of organizational restructuring. Under exceptional
circumstances subject to the Secretary for Development’s absolute discretion, the
transfer, after the substitution, of those liabilities, assets, staff and resources that are
relevant to
Appendix 6A Page 2 of 3
Revision Date: January 2021
may be considered and allowed if justified with proof demonstrated by the outgoing and
the new companies. The Secretary for Development shall have the absolute discretion
to decide whether to allow this post-substitution transfer and impose conditions this
transfer has to comply with. If such conditions cannot be compiled with, the new
company will be subject to removal from the List or the Specialist List;
(b) a deed provided by the new company to undertake continual employment of personnel
and staff that are relevant to the listing requirements as specified in Appendix 2A and/or
Appendix 3C, whichever appropriate, for a period of three years, if the application is
not based on a change of structure of the outgoing contractor from a partnership
(comprising individuals only) or sole proprietorship to a limited company. Any
replacement of personnel and staff that are relevant to the above-mentioned listing
requirements shall only be allowed on the basis of equal or better quality;
(c) a deed provided by the outgoing company to undertake not to make any reference to
any of its company experience and past performance records;
(d) a certified copy of the Application by Firm or by other Body Unincorporate for
Registration of Business Carried On by such Body in Hong Kong [i.e. Form 1(c) issued
by the Inland Revenue Department] of the outgoing company, if the application is based
on change of structure of the outgoing contractor from a partnership (comprising
individuals only) or sole proprietorship to a limited company.
(e) a full list of the new company’s directors and shareholders filed in the Companies
Registry;
(g) the original or a certified true copy of the latest 3 years’ unconsolidated audited
financial statements, if any, of the new company;
(h) a certified statement of outstanding contracts of the new company (including contracts
held with the private sector including the Housing Authority); and
(i) a certified statement of all contracts to be novated in respect of the outgoing company.
(11) Both the outgoing company and the new company shall follow the rules set out in DEVB
TC(W) No. 7/2014 and prepare the necessary documents for the signing of an Undertaking to
the Government as shown at Appendix 6B, and the execution of the novation agreements
which will be held on the date of approval of the proposed substitution.
Appendix 6A Page 3 of 3
Revision Date: January 2021
THIS UNDERTAKING is made the [ ] day of [insert month and year] by [name of the company
being substituted] whose registered office is at [ ] ("Company A") and [name
of the substituting company] whose registered office is at [ ]
("Company B") to the Government of the Hong Kong Special Administrative Region ("the Government").
WHEREAS
(a)# Company A is included in the List of Approved Contractors for Public Works maintained by the
Government under Group [ ] (Confirmed/Probationary) of the
[ ] category(ies) and in the List of Approved
Suppliers of Materials and Specialist Contractors for Public Works maintained by the Government
under Group [ ] of the [ ] category.
(b)# Company A and Company B (hereinafter collectively called "the Companies") have applied to the
Government to include Company B in the List of Approved Contractors for Public Works maintained
by the Government under Group [ ] (Confirmed/Probationary) of the
[ ] category(ies) and in the List of Approved Suppliers of Materials
and Specialist Contractors for Public Works maintained by the Government under Group [ ] of the
[ ] category in substitution for Company A ("the Substitution").
1. In consideration of the Government agreeing to consider the Substitution application, the Companies
hereby irrevocably and unconditionally give this Undertaking to the Government in the event of approval
being given by the Government in respect of the Substitution.
2. In respect of any agreement made before the date of the Substitution between the Government and
Company A and which agreement the Government requires novation, the Companies shall, upon request by
the Government, duly execute as a deed with the Government a novation agreement in a form as shown at
Appendix 6C to the Contractor Management Handbook (with only such amendments as may previously
have been approved by the Government).
3. In respect of any agreement made before the date of the Substitution between the Government and
Company A together with other person or persons trading as an unincorporated joint venture and which
agreement Government requires novation, the Companies shall, upon request by the Government, duly
execute as a deed with the Government a novation agreement in a form as shown at Appendix 6D to the
Contractor Management Handbook (with only such amendments as may previously have been approved by
the Government) and procure that such other person or persons in the unincorporated joint venture shall
duly execute as a deed the same novation agreement.
Appendix 6B Page 1 of 5
Revision Date: January 2021
4. Where Company A has before the date of the Substitution submitted a tender for any contract put to
tender by the Government and where such contract is awarded by the Government on or after the date of
the Substitution to Company A, then in respect of such contract, the Companies shall, upon request by the
Government, duly execute as a deed with the Government a novation agreement in a form as shown at
Appendix 6C to the Contractor Management Handbook (with only such amendments as may previously
have been approved by the Government).
5. Where Company A together with other person or persons trading as an unincorporated joint venture
have before the date of the Substitution submitted a tender for any contract put to tender by the
Government and where such contract is awarded by the Government on or after the date of the Substitution
to the unincorporated joint venture, then in respect of such contract, the Companies shall, upon request by
the Government, duly execute as a deed with the Government a novation agreement in a form as shown at
Appendix 6D to the Contractor Management Handbook (with only such amendments as may previously
have been approved by the Government) and procure that such other person or persons in the
unincorporated joint venture shall duly execute as a deed the same novation agreement.
6. The Companies shall submit such documents as the Government may require to satisfy itself
regarding due execution by the Companies of any novation agreement as referred to in this Undertaking
and, where Clause 3 or Clause 5 of this Undertaking applies, shall procure submission by the other person
or persons as referred to in Clause 3 or, as the case may be, Clause 5 of this Undertaking of such
documents as the Government may require to satisfy itself regarding due execution by such other person or
persons of any novation agreement as referred to in this Undertaking.
7. The Companies hereby irrevocably and unconditionally agree to indemnify the Government against
all losses, damages, costs and expenses the Government may incur or suffer as a result of their failing to
abide by this Undertaking.
8. The Companies hereby represent that, with respect to their obligations, liabilities or any other matter
under or arising out of or in connection with this Undertaking, neither they nor any of their properties or
assets have, in the Hong Kong Special Administrative Region, or in any other jurisdiction, any right of
immunity on the grounds of sovereignty or otherwise from any legal action, suit or proceedings; from the
giving of relief in any legal action, suit or proceedings; from set-off or counterclaim; from the jurisdiction
of any court, in the Hong Kong Special Administrative Region or in any other jurisdiction; from service of
process upon them or any agent; from attachment prior to judgment in order to obtain satisfaction thereof;
from attachment after judgment or from execution or any other process for the endorsement of any
judgment or other legal process in any jurisdiction; and to the extent that the Companies are or become
entitled to any immunity as aforesaid, in the Hong Kong Special Administrative Region or in any other
jurisdiction with respect to their obligations, liabilities or any other matter under or arising out of or in
connection with this Undertaking, the Companies do hereby and will irrevocably and unconditionally
waive and agree not to plead or claim any such immunity. The Companies further consent to the giving
of any relief in any legal action, suit or proceeding and to execution and or any other form of process for
the enforcement of any judgment against them or their assets.
9. For the purposes of Clauses 2, 3, 4 and 5 of this Undertaking, the date of the Substitution shall be a
date to be notified in writing by the Government to the Companies which date shall not be earlier than the
date of this Undertaking.
10. Company A and Company B each agrees to be jointly and severally liable for the Companies'
obligations under this Undertaking.
Appendix 6B Page 2 of 5
Revision Date: January 2021
11. Words importing the singular only also include the plural and vice versa where the context requires.
13. This Undertaking shall be governed by and construed in accordance with the laws for the time being
in force in the Hong Kong Special Administrative Region and the Companies hereby submit to the
non-exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.
14. Nothing in this Undertaking confers or purports to confer on any third party any benefit or any right
pursuant to the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce any term of this
Undertaking.
IN WITNESS whereof this Undertaking has been executed as a deed on the date first above written.
Or
Or
Appendix 6B Page 3 of 5
Revision Date: January 2021
Or
Or
Appendix 6B Page 4 of 5
Revision Date: January 2021
Notes (for the preparation of but not inclusion in the engrossment of this Undertaking)
(c) For use where Company A is a company incorporated in Hong Kong and executes the deed with a
Common Seal.
(d) For use where Company A is a company incorporated in Hong Kong and executes the deed without
a Common Seal.
(e) For use where Company A executes the deed under a power of attorney.
1 The italic parts are not part of the execution clause. They are for guidance or information only.
2 Select the correct expression for use. If none is applicable, insert an appropriate expression.
3 The deed shall be executed by all the partners. Add more names if required.
Appendix 6B Page 5 of 5
Revision Date: January 2021
BETWEEN
WHEREAS: -
(a) The Employer and the Contractor have entered into (an) agreement(s) including supplementary
agreement(s) thereto if any (hereinafter called the "Contract(s)") for the execution of certain works
described and known as
(b) The Contractor wishes to be released and discharged from the Contract(s) and the Employer has
agreed to release and discharge the Contractor upon the terms of the New Contractor's agreement to
perform the Contract(s) and to be bound by the terms of the Contract(s) in place of the Contractor.
1. The Contractor hereby agrees to transfer absolutely to the New Contractor the Contract(s) and the
full benefit thereof and all remedies for enforcing the same and the New Contractor hereby accepts
the transfer and undertakes to be bound by and observe and perform the terms, conditions and
covenants of the Contract(s) on the part of the Contractor to be observed, performed and satisfied in
every way as if the New Contractor were named a party to the Contract(s) in substitution for the
Contractor and the New Contractor expressly undertakes to assume all liabilities of the Contractor
and to satisfy all claims and demands whatsoever arising out of or in respect of the Contract(s) past,
present and future.
Appendix 6C Page 1 of 5
Revision Date: January 2021
2. The Employer hereby releases and discharges the Contractor, and the Contractor hereby releases
and discharges the Employer, from the Contract(s) and from all claims and demands whatsoever
arising out of or in respect of the Contract(s) past, present and future. The Employer accepts the
liability of the New Contractor to perform the Contract(s) in lieu of the liability of the Contractor.
3. The New Contractor hereby covenants with the Employer to fulfil and discharge the terms,
conditions and covenants of the Contract(s) on the part of the Contractor in every way as if the New
Contractor were named a party to the Contract(s) in substitution for the Contractor and to assume all
liabilities of the Contractor and to satisfy all claims and demands whatsoever arising out of or in
respect of the Contract(s) past, present and future and the Employer hereby covenants with the New
Contractor to be bound to the New Contractor to observe and perform the terms, conditions and
covenants of the Contract(s) on the part of the Employer to be observed and performed and hereby
acknowledges that the New Contractor is entitled to the full benefit of the Contract(s).
4.^ The Contractor and the New Contractor shall jointly and severally, indemnify and keep indemnified
the Employer against all losses, damages, costs, expenses, claims or liabilities etc. and any legal or
other professional costs (on a full indemnity basis) incurred or suffered (whether direct or indirect)
arising out of or in connection with any challenge or meeting any challenge to this novation
transaction, in particular under [section 266 of the Companies (Winding Up and Miscellaneous
Provisions) Ordinance (Cap. 32)] [section(s) 49 and/or 50 of the Bankruptcy Ordinance Cap. 6]
[section 266 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32)
and section(s) 49 and/or 50 of the Bankruptcy Ordinance Cap. 6 as appropriate]#.
5. Nothing in this Agreement confers or purports to confer on any third party any benefit or any right
pursuant to the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce any term of this
Agreement.
IN WITNESS whereof this Agreement has been executed as a deed on the date first above written.
Appendix 6C Page 2 of 5
Revision Date: January 2021
Or
Or
Or
Appendix 6C Page 3 of 5
Revision Date: January 2021
Or
Notes (for the preparation of but not inclusion in the engrossment of this Agreement)
^ The department concerned should consider the need for this indemnity clause in cases of novation
where there is doubt on the financial position of the outgoing contractor but winding up has yet to
commence. The Government normally does not have much details or knowledge of the deal
between the outgoing contractor and the new contractor behind the novation transaction, and there
is a possibility of avoidance of transaction under section 266 of the Companies (Winding Up and
Miscellaneous Provisions) Ordinance (Cap. 32) if the novation is made within 6 months before the
commencement of the outgoing contractor’s winding up or under section(s) 49 and/or 50 of the
Bankruptcy Ordinance.
# Choose the appropriate one, depending on whether the Contractor and the New Contractor are
individuals or companies.
Appendix 6C Page 4 of 5
Revision Date: January 2021
(c) For use where the contractor is a company incorporated in Hong Kong and executes the deed with a
Common Seal.
(d) For use where the contractor is a company incorporated in Hong Kong and executes the deed
without a Common Seal.
(e) For use where the contractor executes the deed under a power of attorney.
1 The italic parts are not part of the execution clause. They are for guidance or information only.
2 Select the correct expression for use. If none is applicable, insert an appropriate expression.
3 The deed shall be executed by all the partners. Add more names if required.
Appendix 6C Page 5 of 5
Revision Date: January 2021
BETWEEN
(1) THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINSTRATIVE REGION (hereinafter
called the "Employer")
[Repeat the names and registered offices of the other participants of the unincorporated joint venture]
(together trading as [insert the name of the unincorporated joint venture] and hereinafter called the
"Contractor") of the second part, and
[Repeat the names and registered offices of the other participants of the new unincorporated joint venture]
(together trading as [insert name of the new unincorporated joint venture] and hereinafter called the "New
Contractor") of the third part.
WHEREAS: -
(a) The Employer and the Contractor have entered into (an) agreement(s) including any supplementary
agreement(s) thereto if any (hereinafter called the "Contract(s)") for the execution of certain works
described and known as
(b) The Contractor wishes to be released and discharged from the Contract(s) and the Employer has
agreed to release and discharge the Contractor upon the terms of the New Contractor's agreement to
perform the Contract(s) and to be bound by the terms of the Contract(s) in place of the Contractor.
Appendix 6D Page 1 of 5
Revision Date: January 2021
1. The Contractor hereby agrees to transfer absolutely to the New Contractor the Contract(s) and the
full benefit thereof and all remedies for enforcing the same and the New Contractor hereby accepts
the transfer and undertakes to be bound by and observe and perform the terms, conditions and
covenants of the Contract(s) on the part of the Contractor to be observed, performed and satisfied in
every way as if the New Contractor were named a party to the Contract(s) in substitution for the
Contractor and the New Contractor expressly undertakes to assume all liabilities of the Contractor
and to satisfy all claims and demands whatsoever arising out of or in respect of the Contract(s) past,
present and future.
2. The Employer hereby releases and discharges the Contractor, and the Contractor hereby releases and
discharges the Employer, from the Contract(s) and from all claims and demands whatsoever arising
out of or in respect of the Contract(s) past, present and future. The Employer accepts the liability
of the New Contractor to perform the Contract(s) in lieu of the liability of the Contractor.
3. The New Contractor hereby covenants with the Employer to fulfil and discharge the terms,
conditions and covenants of the Contract(s) on the part of the Contractor in every way as if the New
Contractor were named a party to the Contract(s) in substitution for the Contractor and to assume all
liabilities of the Contractor and to satisfy all claims and demands whatsoever arising out of or in
respect of the Contract(s) past, present and future and the Employer hereby covenants with the New
Contractor to be bound to the New Contractor to observe and perform the terms, conditions and
covenants of the Contract(s) on the part of the Employer to be observed and performed and hereby
acknowledges that the New Contractor is entitled to the full benefit of the Contract(s).
6.^ The Contractor and the New Contractor shall, and each participant of the Contractor and the New
Contractor as the case may be, jointly and severally, indemnify and keep indemnified the Employer
against all losses, damages, costs, expenses, claims or liabilities etc. and any legal or other
professional costs (on a full indemnity basis) incurred or suffered (whether direct or indirect) arising
out of or in connection with any challenge or meeting any challenge to this novation transaction, in
particular under [section 266 of the Companies (Winding Up and Miscellaneous Provisions)
Ordinance (Cap. 32)] [section(s) 49 and/or 50 of the Bankruptcy Ordinance Cap. 6] [section 266 of
the Companies (Winding UP and Miscellaneous Provisions) Ordinance (Cap. 32) and section(s) 49
and/or 50 of the Bankruptcy Ordinance Cap. 6 as appropriate]#.
7. Nothing in this Agreement confers or purports to confer on any third party any benefit or any right
pursuant to the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce any term of this
Agreement.
Appendix 6D Page 2 of 5
Revision Date: January 2021
IN WITNESS whereof this Agreement has been executed as a deed on the date first above written.
Or
Or
Appendix 6D Page 3 of 5
Revision Date: January 2021
Or
Or
Appendix 6D Page 4 of 5
Revision Date: January 2021
Notes (for the preparation of but not inclusion in the engrossment of this Agreement)
+
Insert the names of the participants comprising the Contractor.
++
Insert the names of the participants comprising the New Contractor
^ The department concerned should consider the need for this indemnity clause in cases of novation
where there is doubt on the financial position of the outgoing contractor but winding up has yet to
commence. The Government normally does not have much details or knowledge of the deal
between the outgoing contractor and the new contractor behind the novation transaction, and there
is a possibility of avoidance of transaction under section 266 of the Companies (Winding Up and
Miscellaneous Provisions) Ordinance (Cap. 32) if the novation is made within 6 months before the
commencement of the outgoing contractor’s winding up or under section(s) 49 and/or 50 of the
Bankruptcy Ordinance.
# Choose the appropriate one, depending on whether the Contractor and the New Contractor are
individuals or companies.
* Repeat the appropriate form for execution by each participant of the Contractor and the New
Contractor.
(a) For use where the joint venture participant is a sole proprietor.
(c) For use where the joint venture participant is a company incorporated in Hong Kong and executes
the deed with a Common Seal.
(d) For use where the joint venture participant is a company incorporated in Hong Kong and executes
the deed without a Common Seal.
(e) For use where the joint venture participant executes the deed under a power of attorney.
1 The italic parts are not part of the execution clause. They are for guidance or information only.
2 Select the correct expression for use. If none is applicable, insert an appropriate expression.
3 The deed shall be executed by all the partners. Add more names if required.
Appendix 6D Page 5 of 5
Revision Date: January 2021
THIS AGREEMENT is made and entered into this day of (month & year)
and is supplemental to a contract known as [contract title and number] (hereinafter referred to as “the
Main Contract”) made on [ ] between the Government of the Hong Kong Special
Administrative Region and [insert name of original contractor] (hereinafter referred to as “the Original
Contractor”).
WHEREAS
(B) The Employer and the Contractor are desirous of clarifying the parties’ rights and obligations under
the Main Contract (as novated in accordance with the Novation Agreement) as regards provision of
the requisite duly executed [insert guarantee, performance bond etc. where appropriate] in
accordance with General Conditions of Contract Clause 12 and Special Conditions of Contract
Clause [ ] for the due performance of the Main Contract by the Contractor.
Appendix 6E Page 1 of 10
Revision Date: January 2021
1. This Agreement is supplemental to the Main Contract and the provisions of the Main Contract shall
apply to this Agreement except as provided to the contrary herein. Except as otherwise altered by
this Agreement, the terms of the Main Contract shall remain unchanged in every respect. In the
event of any inconsistency between the terms of the Main Contract and the terms of this
Agreement, the latter shall take precedence. Subject to Clause 2 below, words and phrases
appearing in this Agreement and defined in the Main Contract shall have the same meaning for the
purposes of this Agreement as they have for the purposes of the Main Contract.
2. All references to “Contract” in the Main Contract and this Agreement shall mean the Main Contract
and this Supplementary Agreement No. [ ].
3. The Contractor acknowledges and accepts that it has an obligation to provide to the Employer a
duly executed [insert guarantee, performance bond etc. where appropriate] in the form set out in
the Appendix hereto and that it has not provided to the Employer the requisite duly executed
[insert guarantee, performance bond etc. where appropriate] as at the date of the Novation
Agreement.
4. It is hereby agreed that submission by the Contractor of the requisite duly executed [insert
guarantee, performance bond etc. where appropriate] as referred to in Clause 3 above is a condition
precedent to the Contractor’s entitlement to any payment or any further payment as the case may
be under the Contract and the Employer shall forthwith be entitled to withhold any payment or any
further payment as the case may be to the Contractor under the Contract up to the amount of
[specify the amount of the Bonded Sum] until the Contractor shall have provided to the Employer
the requisite duly executed [insert guarantee, performance bond etc. where appropriate] as referred
to in Clause 3 above.
5. It is hereby further agreed that failure by the Contractor to provide the requisite duly executed
[insert guarantee, performance bond etc. where appropriate] as referred to in Clause 3 above within
45 days of this Agreement shall entitle the Employer either to suspend the Works or to terminate
the Contract forthwith by notice in writing to that effect, notwithstanding that the Contractor may
have been permitted to proceed with the Works, and the Contractor shall not be entitled to any
compensation as a consequence of such suspension or termination.
6. Within 30 days of the provision by the Contractor to the Employer of the requisite duly executed
[insert guarantee, performance bond etc. where appropriate] as referred to in Clause 3 above, the
Employer shall pay the Contractor the sum withheld in accordance with Clause 4 above.
71. Sub-clauses [ ], [ ] and [ ] of Clause [ ] of the Special Conditions of Contract are hereby deleted.
8. Nothing in this Agreement confers or purports to confer on any third party any benefit or any right
pursuant to the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce any term of
this Agreement.
Appendix 6E Page 2 of 10
Revision Date: January 2021
IN WITNESS whereof this Agreement has been executed as a deed on the day and year first above
written.
Or
Or
Appendix 6E Page 3 of 10
Revision Date: January 2021
Or
Or
Appendix 6E Page 4 of 10
Revision Date: January 2021
Notes (for the preparation of but not inclusion in the engrossment of this Agreement)
(c) For use where the contractor is a company incorporated in Hong Kong and executes the deed with a
Common Seal.
(d) For use where the contractor is a company incorporated in Hong Kong and executes the deed
without a Common Seal.
(e) For use where the contractor executes the deed under a power of attorney.
1 The italic parts are not part of the execution clause. They are for guidance or information only.
2 Select the correct expression for use. If none is applicable, insert an appropriate expression.
3 The deed shall be executed by all the partners. Add more names if required.
Appendix 6E Page 5 of 10
Revision Date: January 2021
APPENDIX
WHEREAS
(D) Pursuant to the terms of the Contract (as amended by the Supplementary Agreement No. [ ]
referred to in recital (C) above), the Contractor agreed to obtain the [insert guarantee, performance
bond etc where appropriate] of a surety to be bound unto the Employer for the due performance of
the Contract by the Contractor.
Appendix 6E Page 6 of 10
Revision Date: January 2021
1. Where applicable, words and expressions used in this Bond shall have the meaning assigned to them
in the Contract.
2. In the event of default by the Contractor in respect of any of its obligations under the Contract the
Surety shall satisfy and discharge any damages, losses, charges, costs or expenses sustained by the
Employer thereby up to the amount of the Bonded Sum.
3. The liability of the Surety under this Bond shall remain in full force and effect and shall not be
affected or discharged in any way by and the Surety hereby waives notice of:
(a) any suspension of the Works, variation to or amendment of the Contract (including without
limitation extension of time for performance) or any concession or waiver by the Employer in
respect of the Contractor’s obligations under the Contract;
(b) the termination of the Contract or of the employment of the Contractor under the Contract
solely as a result of default by the Contractor under the Contract;
(c) any forbearance or waiver of any right of action or remedy the Employer may have against
the Contractor or negligence by the Employer in enforcing any such right of action or
remedy;
(d) any other bond, security or guarantee held or obtained by the Employer for any of the
obligations of the Contractor under the Contract or any release or waiver thereof;
(e) any act or omission of the Contractor pursuant to any other arrangement with the Surety;
(f) the issue of any certificate of completion in respect of part of the Works;
4. The liability of the Surety under this Bond shall cease on whichever of the following events first
occurs: -
(a) payment by the Surety of the Bonded Sum in full to the Employer; or
(b) expiry of the Maintenance Period or, where there is more than one Maintenance Period,
expiry of the last Maintenance Period.
5. The Employer shall be entitled to assign the benefit of this Bond at any time without the consent of
the Surety or the Contractor being required.
6. All documents arising out of or in connection with this Bond shall be served:
Appendix 6E Page 7 of 10
Revision Date: January 2021
7. The Employer and the Surety may change their respective nominated addresses for service of
documents to another address in Hong Kong but only by prior written notice to each other. All
demands and notices must be in writing.
8. This Bond shall be governed by and construed according to the laws for the time being in force in
Hong Kong and the Surety agrees to submit to the non-exclusive jurisdiction of the courts of Hong
Kong.
9. In this Bond, “Hong Kong” means the Hong Kong Special Administrative Region.
10. Nothing in this Bond confers or purports to confer on any third party any benefit or any right pursuant
to the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce any term of this Bond.
IN WITNESS whereof this Bond has been executed as a deed on the date first above written.
Or
Or
Appendix 6E Page 8 of 10
Revision Date: January 2021
Or
Or
Appendix 6E Page 9 of 10
Revision Date: January 2021
Notes: (for preparation of but not inclusion in the engrossment of this [guarantee, performance bond etc.
where appropriate])
^ Delete if not applicable. Amend ";" at end of Clause 3(f) to "." accordingly if there is a deletion
+
The address for service shall be in Hong Kong.
(c) For use where the contractor is a company incorporated in Hong Kong and executes the deed with a
Common Seal.
(d) For use where the contractor is a company incorporated in Hong Kong and executes the deed
without a Common Seal.
(e) For use where the contractor executes the deed under a power of attorney.
1 The italic parts are not part of the execution clause. They are for guidance or information only.
2 Select the correct expression for use. If none is applicable, insert an appropriate expression.
3 The deed shall be executed by all the partners. Add more names if required.
Appendix 6E Page 10 of 10
Revision Date: January 2021
Tenderer X is a probationary Group C contractor in the “Roads and Drainage” category. His tenders for
two Group C contracts in this category have attained the highest combined scores. The award of these
two contracts is to be considered in the same meeting by the Central Tender Board. However, Tenderer X
is only eligible for award of one more Group C contract of value not exceeding $1,500M.
Two tender combinations are possible in considering award of one contract to Tenderer X and the other
contract to the tenderer with the second highest combined score. Based on the least cost to Government
approach, Combination 1 will be selected and Contracts I and II will be awarded to Tenderers X and Z
respectively as shown below:
Note: Tenders from Tenderers Y and Z have attained the second highest combined score in Contracts I
and II respectively.
Appendix 7 Page 1 of 1