Code of Practice on Procurement of Supplies, Goods and Services
3.0
PREPARATION OF INVITATION TO TENDER
3.1
The MC shall prepare an invitation to tender setting out the types of supplies, goods or services required, the respective estimated costs, the period open for tender and other terms and conditions of the relevant contract. A copy of the invitation to tender shall be displayed in a prominent place in the building.
3.2
MCs are advised to as far as practicable, having regard to the nature of the procurement, adopt open tendering, such as putting advertisements on newspapers, to enhance tender competition and minimise the risks of tender collusion.
3.3
An MC shall not split a contract of procurement from a contract which should have been made for the procurement of greater value for the sole purpose of avoiding the compliance of requirements in section 20A of the BMO.
3.4
The closing date and time for acceptance of tenders shall be clearly stated in the invitation to tender. Late submissions shall not be accepted.
3.5
MCs are advised to build in probity and anti-collusion clauses in the related tender documents. MCs may refer to the Building Management Toolkit1 issued by the ICAC for the sample probity and anti-collusion clauses.
3.6
If the tendering exercises involve mandatory works as stipulated in relevant statutory notice(s), order(s) or direction(s) issued by relevant government department(s) or authority(ies) (collectively referred to as government repair orders), such information should be made available to the owners –
- before the invitation to tender is prepared (e.g. posting the government repair orders in a conspicuous place of the building when received; making available a copy of the government repair orders at the management office for inspection by the owners); and
- before the resolution concerned is put to vote (e.g. attaching a copy of the government repair orders to the notice of meeting at which the tender is to be approved),
so as to facilitate the MC members/owners in understanding and making a well informed decision on the scope of the procurement.
1 The guidelines in the Building The Building Management Toolkit can be accessed via the following link:
https://bm.icac.hk/static/bm_kit_1901.pdf
https://bm.icac.hk/static/bm_kit_1901.pdf