Code of Practice on Procurement of Supplies, Goods and Services
3.0
PREPARATION OF INVITATION TO TENDER
3.1
The MC and responsible person shall, as far as practicable, having regard to the nature of the procurement, adopt open tender or other means of open advertisement, such as putting advertisements on local newspapers or websites to publicise the tender, to enhance tender competition and minimise the risks of tender collusion. Nevertheless, for type 1 high-value procurement, type 2 high-value procurement or large-scale maintenance procurement, even if the MC and the responsible person adopt open tendering, they shall still comply with paragraph 5 of Schedule 6A and paragraph 20 of Schedule 7 to the BMO in relation to the issuance of invitations to tender to a specified number of potential suppliers:
- for the procurement of supplies, goods and services of a value more than $10,000 but not exceeding $200,000, the tender invitation must be issued to at least 3 potential suppliers; or
- for the procurement of supplies, goods and services of a value more than $200,000, the tender invitation must be issued to at least 5 potential suppliers.
3.2
The MC and responsible person 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 Division 5 of Part IV of the BMO.
3.3
The MC and responsible person are advised to build in probity and anti-collusion clauses in the related tender documents. The MC and responsible person may refer to the Building Management Toolkit3 issued by the ICAC for the sample probity and anti-collusion clauses.
3.4
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 owners in understanding and making a well informed decision on the scope of the procurement.
3 The Building Management Toolkit can be accessed via the following link:
https://bm.icac.hk/Building_Maintenance_Toolkit.html?lang=en
https://bm.icac.hk/Building_Maintenance_Toolkit.html?lang=en