guide to registration of housing authority play/fitness ... · play equipment review board (perb)...

Guide o Regis ra ion of Housing Au hori y Playfi ness Equipmen Agen s Reference Lis

Dec 2018

General Guidelines (base on the Gui e to Registration of Works Contractors an Property Management Services Provi ers April 2006 (December 2014 Revision) an Gui elines on Management of Contractors without Housing Authority Lists of Contractors relating to Works or Property Services inclu ing Appeal Mechanism PI No 12 of 201314 (Revise on 1942016))

Guide o Regis ra ion of HArsquos Playfi ness Equipmen Agen s Reference Lis 1

TABLE OF CONTENTS

PART ONE ndash Lis ing Requiremen s

1 In roduc ion 4

2 How o Regis er 4

21 Applica ion Submission 4 211 Application Submission 212 Proforma 213 Application for A mission

22 Lis Admission Cri eria 4 221 Listing Requirement for Agents 222 PERB Establishe Set of Selection Requirements for Playfitness Equipment 223 Ethical Integrity 224 Registere Office an Work Experience 225 After sale maintenance service 226 Change in the etails of their company

23 Processing of New Applica ion 6 231 Apply for a mission 232 Date of application 233 Vetting team 234 Request outstan ing informationclarifications 235 Process for a mission 236 Request for a site visit 237 Site visit 238 Recommen ation 239 Reject 2310 Up ate the List in the COMIS

24 Change of Company Name 7

3 Obliga ions 7

31 Accep ance of Obliga ions 32 Compliance wi h Lis Requiremen s 33 E hical In egri y 34 Provision of Upda ed Company Informa ion 35 Provision of Design Submission 36 Submission of Quo a ions 37 Reference o informa ion from o her Governmen Bureaux and Depar men s


TABLE OF CONTENTS (Con rsquod)

4 AppealObjec ion agains he aking of Regula ory Ac ions 9

41 No ifica ion 42 AppealObjec ion

PART TWO gt

Rules for Removal and Suspension in respec of he Lis ing of Agen s in he Housing Au hori y Playfi ness Equipmen Agen s Reference Lis 10

A Circumstances warranting removal from the List for at least 3 years

B Circumstances warranting removal from the List for at least 1 year

C Circumstances warranting a temporary suspension from the List for at least 3 months

D Effects of imme iate removal or suspension from the List in circumstances where the

Agent is a sub-contractor or supplier in respect of HA contracts

Annex 13


PART ONE Lis ing Requiremen s

1 In roduc ion To provi e public housing an meet the evelopment nee s the Housing Authority (hereinafter referre to as ldquoHArdquo) is require to procure the expertise an services from agents (hereinafter referre to as ldquoAgen srdquo) to supply an install playfitness equipment HA has maintaine its list of Agents namely ldquoHousing Authority Playfitness Equipment Agents Reference Listrdquo (hereinafter referre to as ldquo he Lis rdquo) in or er to ensure that the Agents on the List are qualifie to provi e the require services to HA

2 How o Regis er

21 Applica ion Submission

211 Play Equipment Review Boar (PERB) has establishe criteria for the selection of suitable Agents (see Item 221)

212 Proforma - to obtain information from prospective agents relating to the above criteria a proforma (DLAP-F069 an Appen ix) is prepare for Applicantrsquos completion an return This proforma covers equipment installation arrangements an after-sales maintenance A job reference of installations shall also be provi e which shall inclu e information on location ate(s) of installation names of clients an costs of supply an installation

For playfitness equipment bran to be consi ere for inclusion in the List information on the items with etaile references to list requirementrsquos compliance shall be provi e

213 Application for A mission Applications for a mission onto the List shall be submitte to Senior Lan scape Architect1 Lan scape Group 8F Block 1 Hong Kong Housing Authority Hea quarters 33 Fat Kwong Street Homantin Kowloon

22 Lis Admission Cri eria Applicants shall provi e information as require in the following paragraphs for a mission After a mission onto the List the Agents shall have the obligation to ensure the continuous compliance of all criteria stipulate an to notify HA imme iately if there is any change to the submitte information Failure in meeting the requirements an or notifying HA on any up ate information may lea to the taking of regulatory actions as in Par Two

gt Rules for Removal and Suspension in respec of he Lis ing of Agen s for Housing

Au hori y Playfi ness Equipmen Agen s Reference Lis

221 Listing Requirements for Agents Applicants applying for a mission onto the List shall meet following criteria

A shall have been well establishe in Hong Kong for at least 5 years in the business


B shall have proven satisfactory experience for supply an installation of playfitness equipment in Hong Kong have complete relevant projects (similar to the scale an nature of HArsquos projects) in the past years with two of those complete projects with satisfactory performance

C shall be sole agent of their particular bran of playfitness equipment in Hong Kong

D shall provi e to HA a confirmation in writing that it is the current sole agent of the particular bran of playfitness equipment on an annual basis The confirmation shall be supporte an appen e with a copy of the Agency Agreement between the Agent an the Manufacturer of the particular bran of playfitness equipment

E in the event of new applications the confirmation referre to in (D) above shall be supporte an appen e with a certifie true copy of the Agency Agreement between the Sole Agent an the Manufacturer of a particular bran of playfitness equipment The certification of the true copy of the Agency Agreement shall be carrie out by a solicitor or qualifie accountant practicing in Hong Kong

F shall have employe an Approve Playgroun Safety Inspector with recognize qualification who shall certify the new installation an maintenance services an

G shall have no relate company which has been a mitte onto the List (Failure to comply with requirement is classifie as a serious miscon uct for the purposes of the Listing Requirements an Rules)

222 PERB Establishe Set of Selection Requirements for Playfitness Equipment ndash

A Warranties an Guarantees The minimum requirements as set own below shall be met for all play an fitness equipment - five-year warranty to replace any efective timber parts - five-year warranty to replace any efective polyethylene components an - ten-year warranty against structural failure of playfitness equipment

Note the Agent shall provi e HA with a ee of warranty (execute by the Agent) after the completion of the installation

B Availability of Spare Parts - for frequently use spare parts keeping of stock is require an completion ate for repair works or ers no more than 28 ays (inclu ing material elivery an site works)

- for other spare parts completion ate for repair works or er shoul not be more than 90 ays (inclu ing material elivery an site works)

C Proven Thir Party Safety Certificate Only play equipment items not in ivi ual components with a proven thir partyrsquos safety certificates to international stan ar s (eg ASTM BSEN or EN) shall be selecte an propose by the Agent


223 Ethical Integrity The Agent shall have a company Co e of Ethics an Co e of Con uct In preparing a suitable Co e of Ethics an or Co e of Con uct a vice is available from the Corruption Prevention A visory Service (Hotline 2526 6363) of the Corruption Prevention Department the In epen ent Commission Against Corruption (website httpscpasicachk)

224 Registere Office an Work Experience The Agent shall have a vali business registration an a registere office in Hong Kong An applicant applying for a mission onto the List shall have an appropriate proven work recor The suitability of the applicant for a mission onto the List is assesse on the basis of its business activity in Hong Kong An organization chart of the company shall be submitte

225 After sale maintenance service The Agent shall provi e after sale maintenance service inclu ing a suitable supply of spare parts an enter into a maintenance contract with Housing Department

226 Change in the etails of their company Agents shall inform HA within 10 ays from the ate of change in the etails of their company such as business a ress an telephone number etc

23 Processing Of New Applica ion The following ple ge applies to application for a mission an confirmation

231 Apply for a mission Intereste agents who are not on HA Playfitness Equipment Agents Reference List (the List) shoul apply for a mission onto the List in or er to participate in procurement exercise of playfitness equipment

Application for a mission onto the List shall be submitte to Senior Lan scape Architect1 Lan scape Group 8F Block 1 Hong Kong Housing Authority Hea quarters 33 Fat Kwong Street Homantin Kowloon

232 Date of application On the ate of submission of application with information by the applicant the Secretary of Play Equipment Review Boar (PERB) will sen a notice to the applicant The ate of application for a mission is the ate of the notice

For etails of processing time refers to the Time Frame for Processing New applications of HA Playfitness Equipment Reference List (at Annex)

233 Vetting team Organization uties of vetting team for the List are as follows - The uties of vetting team are to check whether the technical submissions ma e by

the applicants comply with the Gui e to Registration of Housing Authority Playfitness Equipment Agents Reference List (the Gui e) The Secretary shall a minister the en results of the checking

- Members the Secretary of PERB Representative from EMD Representative from CADampS an Representative from Procurement Unit

234 Request outstan ing informationclarifications


Within one month from the ate of application the vetting team shall make the first request to the applicant for submitting any outstan ing informationclarifications

Within five months from the ate of application the applicant shall complete the submission of all the require informationclarifications necessary for application failing which the application shall be rejecte

235 Process for a mission The process for a mission will normally be complete in three months after receiving all complete information from the applicant for assessment

236 Request for a site visit If vetting team assesses the applicantrsquos technical submission to be in compliance with the list a mission criteria on the technical requirements the team will request for a site visit to the applicantrsquos complete works

237 Site visit The site visit will be atten e by the vetting team together with the applicant to inspect the stan ar an quality of the works at which the applicant must emonstrate his capability to un ertake the works in compliance with HArsquos requirements

238 Recommen ation Upon all ocument an site visit are checke in or er the vetting team shall submit a recommen ation of the applicantrsquos a mission application to PERB for en orsement Upon PERBrsquos en orsement on the a mission application the Secretary shall issue a letter to notify the applicant of the successful application

239 Reject If the applicant is unable to complete the submission of all the require informationclarification within five months from the ate of application or the applicant fails to fulfill the a mission criteria the Secretary shall issue a letter to notify the applicant that his application for a mission is rejecte with reason(s) state

2310 Up ate the List in the COMIS Upon approval the Secretary will up ate the List in the COMIS accor ingly

24 Change of Company Name When an Agent on the List applies for a change of the company name the Agent shall submit its application (Note An Agent may change from a partnership or sole proprietorship to a limite company or may wish to transfer its status to its hol ing or subsi iary company All these cases may result in applications for substitution ie replacement by another company on the List)

3 OBLIGATIONS

31 Accep ance of Obliga ions An applicant submitting an application for being an Agent on the List shall be eeme to have uncon itionally accepte the obligations lai own in the Gui e an any future amen ments an or a itions thereto Any attempt to qualify such obligations may lea to rejection of the application or removal from the List as appropriate


32 Compliance wi h Lis Requiremen s An Agent on the List nee s to continuously satisfy the prevailing List requirements for retention on such List

33 E hical In egri y Collusion among Agents on any ten ering exercise or any business transaction on any HA projects is strictly prohibite Specifically Agents shall not engage in any act which may yiel a pre etermine outcome of any awar of works or any act in any way which may or will result in secret commissions being ma e to Agents An Agent foun involve in such malpractice shall be subject to regulatory actions as escribe hereinafter

The Agent shall a vise its employees that they are not allowe to offer or give any a vantage or excessive entertainment to any of HAHD employees or members of their family or to solicit or accept any a vantage or excessive entertainment from Agents in relation to the services un er any HA contract The Agent may be subject to regulatory actions for any of its employees having committe any offence un er the Prevention of Bribery Or inance in relation to any HA contract In a ition the Agent may be subject to regulatory actions for its poor integrity such as negligence miscon uct an impropriety or that of its employees unless the miscon uct is not within the control of the Agent or for bringing isrepute on HA in relation to any HA contracts or otherwise

34 Provision of Upda ed Company Informa ion An Agent on the List shall provi e HA with up ate company information regularly or on request for the purpose of reviewing its status on the List an ten ering eligibility Any Agent failing to comply with HArsquos requests for such purpose shall be subject to regulatory actions as HA eems appropriate

35 Provision of Design Submission The Agent shall actively participate an provi e submission(s) proposal(s) quotation(s) or ten er(s) to HA or to HArsquos contractor(s) or other persons upon request of HA or HArsquos contractor(s)

36 Submission of Quo a ions

The Agent shall submit submission(s) proposal(s) quotation(s) an or ten er(s) as an when HA requests either through HArsquos contractor(s) or irectly from HA For the rules an policies on monitoring of performance ten er irregularities an ten er with rawal of Agents on any quotation(s) an or ten er(s) un er Estate Management Division (EMD) a ministration the Agents shall refer to the Con itions of Quotation in relevant ten er ocuments

37 Reference o informa ion from o her Governmen Bureaux and Depar men s The Agentrsquos conviction recor s listing status an performance in other government bureaux an epartments where appropriate may be taken as a reference when assessing a contractorrsquos eligibility for ten er awar or its eligibility to be selecte to ten er for HArsquos quotations In a ition relevant information of an Agent on the List pertaining to its listing status an performance in HA projects may be share with other government bureaux an epartments


4 APPEALOBJECTION AGAINST THE TAKING OF REGULATORY ACTIONS

41 No ifica ion Where regulatory action is taken against the Agent it will be notifie in writing of the reason(s)

42 AppealObjec ion Where regulatory action is taken against the Agent it may if it so selects objects to the regulatory action impose by making written submission with supporting reason(s) an or requests for presentation of its case for a review to Secretary of the PRLMB through SLA1 Housing Authority Hea quarters at No33 Fat Kwong Street Ho Man Tin Kowloon The written objection must be submitte within 14 ays from the ate of HArsquos notification Shoul any such submission be receive PERB will preliminarily vet the submission The Chairperson of PRLMB will review the groun s of appeal objection on the a vice of the PRLMB the Chairperson shall make a etermination to uphol or vary with or without con itions the previous ecision ma e by PERB The ecision an the reasons for that ecision will be conveye to the Agent in writing The ecision shall be final


PART TWO Rules for Removal and Suspension in respec of he Lis ing of Agen s for Housing Au hori y Playfi ness Equipmen Agen s Reference Lis

A Circums ances warran ing removal from he Lis for a leas 3 years

(1) Serious miscon uct or criminal offences

(2) Serious inci ents of wage in arrears quality or safety problems which ha

brought isrepute to the main contractor(s) or HA

(3) Agentrsquos inability to complete the contract(s) or sub-contract(s) which ha brought

financial losses to the HA

(4) Other serious inci ent that has arouse grave concern of the Government HA or

members of the public

B Circums ances warran ing removal from he Lis for a leas 1 year

(1) Mis-con uct or serious eliberate or frau ulent non-compliance with the

requirements of a contractsub-contract

(2) Involvement in the miscon uct of an employee agent or sub-contractor of the

Agent

(3) Signs of Agentrsquos bankruptcy or win ing up of business that may affect or has

affecte its capability to un ertake any contractsub-contract in respect of any HA

or Government projects or works

(4) Having one or more court conviction(s) on serious issues un er relevant

or inance(s)

(5) Continual poor performance in or un er an HA contract or a sub-contract to an

HA Contract

(6) Poor performance in or un er many HA contracts or sub-contracts to HA

Contracts

(7) Poor performance or other serious causes which isare consi ere by HA as

serious in or un er any other public or private sector contracts

(8) Submission of inaccurate or incompetent ten ersquotations on two or more

occasions within a rolling perio of three years provi e that such practice gives

rise to reasonable suspicions as to the capability or integrity of the Agent

(9) Persistently having poor site safety recor s

(10) Failure to effect payment to workers (of the Agentrsquos employees or

sub-contractors) as or ere by the Labour Tribunal or any other appropriate

authority which emonstrates serious negligence or incompetence of the

efaulting Agent

(11) One or more inci ents of wage arrears which may arouse or has arouse the

concern of the public or me ia


(12) With rawal of ten er(s)quotation(s) within the ten erquotation vali ity perio on

more than two occasions within a 12-month rolling perio without justifiable

reason(s) consi ere acceptable by HA

C Circums ances warran ing a suspension from he Lis for a leas 3 mon hs

(1) Suspecte miscon uct (until such time as the Agent is cleare of such suspicion

or miscon uct is confirme in which case consi eration will be given to

exten ing the perio of suspension)

(2) Signs of cash flow problems

(3) Poor performance inclu ing but not limite to consecutive a verse reports from

respective Contract Managers of Buil ing Contracts or consecutive a verse

reports for the same contract(s) rate by the CRC(BM) where it is esirable to

ensure that the Agent completes its current commitments before un ertaking

further contracts or sub-contracts

(4) Suspecte serious poor performance or other serious causes in any public or

private sector contracts

(5) Having poor environmental protection recor s

(6) Having poor site safety recor s For example consecutive failures in site

safety au its Labour Departmentrsquos Suspension Notice(s) in HA contracts

(7) A ecision of the Panels of Enquiry on Acci ents for HA contracts on the

suspension of the Agent for at least 3 months

(8) Having a poor wage payment system (for the Agentrsquos employees or

sub-contractors) For example failures in complying with the contractual

obligations

(9) Having poor wage payment recor s (of the Agentrsquos employee or

sub-contractors)

(10) Poor management of the Agentrsquos sub-contractors in paying their workers For

example failure to emonstrate to HA an effective system in regulating its

sub-contractors or failure to prove its etermination to replace its

sub-contractors even with knowle ge of their mal-practices in non-payment or

exploitation of their workers

(11) With rawal of ten er(s)quotation(s) within the ten erquotation vali ity perio

on two occasions within a 12-month rolling perio without justifiable reason(s)

consi ere acceptable by HA

D Effec s of immedia e removal or suspension from he Lis in circums ances

where he Agen is a subgtcon rac or or supplier in respec of HA con rac s

(1) Upon removal or suspension from the List un er any of the circumstances of (A)

to (C) above the Agent shall not be entitle to submit any quotation(s) ten er(s)

or proposal(s) to main contractors in respect of any HA contract(s)



to (C) above any quotation(s) or ten er(s) or proposal(s) alrea y submitte by the

Agent to any main contractor(s) in respect of any HA contract(s) shall not be

consi ere by the main contractor(s) of the relevant HA contract(s) an HA shall

have the right to instruct or or er the main contractor(s) not to consi er or to reject

any quotation(s) or ten er(s) or proposal(s) submitte by the Agent an the Agent

shall have no right to seek any compensation or amages from HA or such main

contractor(s)


to (C) above an in the event that any quotation(s) or ten er(s) or proposal(s)

submitte by the Agent to any main contractor(s) in respect of any HA contract(s)

may be accepte by the main contractor(s) of the relevant HA contract(s) HA

shall have the right to instruct or or er the main contractor(s) not to accept any

such quotation(s) or ten er(s) or proposal(s) submitte by the Agent an not to

awar any contract or sub-contract in respect thereto an the Agent shall have no

right to seek any compensation or amages from HA or such main contractor(s)



TABLE OF CONTENTS

PART ONE ndash Lis ing Requiremen s

1 In roduc ion 4

2 How o Regis er 4

21 Applica ion Submission 4 211 Application Submission 212 Proforma 213 Application for A mission

22 Lis Admission Cri eria 4 221 Listing Requirement for Agents 222 PERB Establishe Set of Selection Requirements for Playfitness Equipment 223 Ethical Integrity 224 Registere Office an Work Experience 225 After sale maintenance service 226 Change in the etails of their company

23 Processing of New Applica ion 6 231 Apply for a mission 232 Date of application 233 Vetting team 234 Request outstan ing informationclarifications 235 Process for a mission 236 Request for a site visit 237 Site visit 238 Recommen ation 239 Reject 2310 Up ate the List in the COMIS

24 Change of Company Name 7

3 Obliga ions 7

31 Accep ance of Obliga ions 32 Compliance wi h Lis Requiremen s 33 E hical In egri y 34 Provision of Upda ed Company Informa ion 35 Provision of Design Submission 36 Submission of Quo a ions 37 Reference o informa ion from o her Governmen Bureaux and Depar men s





PART TWO gt







Annex 13




2 How o Regis er
















































3 OBLIGATIONS





























Agent





or inance(s)


HA Contract


Contracts










efaulting Agent


























obligations


sub-contractors)






















contractor(s)














PART TWO gt







Annex 13




2 How o Regis er
















































3 OBLIGATIONS





























Agent





or inance(s)


HA Contract


Contracts










efaulting Agent


























obligations


sub-contractors)






















contractor(s)













2 How o Regis er
















































3 OBLIGATIONS





























Agent





or inance(s)


HA Contract


Contracts










efaulting Agent


























obligations


sub-contractors)






















contractor(s)















































3 OBLIGATIONS





























Agent





or inance(s)


HA Contract


Contracts










efaulting Agent


























obligations


sub-contractors)






















contractor(s)





































Agent





or inance(s)


HA Contract


Contracts










efaulting Agent


























obligations


sub-contractors)






















contractor(s)

































obligations


sub-contractors)






















contractor(s)


















contractor(s)











guide to registration of housing authority play/fitness ... · play equipment review board (perb)...

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