Terms and Conditions

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  • Use and Participation Terms and Conditions

    E-PROCUREMENT SYSTEM

    TERMS AND CONDITIONS OF USE AND PARTICIPATION

     

    The Government provides this e-Procurement System and related services subject to your compliance with the following terms and conditions (“Participation Terms and Conditions”). Please read them carefully. You cannot complete your registration and use the e-Procurement System without agreeing to comply with the Participation Terms and Conditions. The Government reserves the right, at its discretion, to change or modify any Participation Terms and Conditions at any time without giving prior notice to any person. Please check the Participation Terms and Conditions posted on this website regularly for any revisions and/or amendments. The Chinese translation of this document is for reference only. In the event of any conflict or inconsistency between the English text and the Chinese translation of this document, the English text shall prevail.

    1. Definitions

    1.1 In these Participation Terms and Conditions the following words and expressions have the following meanings, unless otherwise defined or the context otherwise requires:
    “Digital Certificate” means a digital certificate issued by any of the recognized digital certification authority in Hong Kong
    “e-Procurement System” means the electronic procurement system as described in clause 2 of these Participation Terms and Conditions
    “Government” means the Government of the Hong Kong Special Administrative Region of the People's Republic of China
    “GovProcurement Website” means www.gov.hk/eprocurement which provides a platform for the e-Procurement System to operate
    “HKSAR” means the Hong Kong Special Administrative Region of the People's Republic of China
    “Participating Departments” means the Government bureau(x) and department(s) which appear on the list of Participating Departments published on the GovProcurement Website (as from time to time updated)
    “Registered Supplier” means a supplier which is included on the suppliers' list of all or any of the Participating Departments and who has opened an account with the e-Procurement System for using the e-Procurement System and its services
    “System Administrator” means the person identified as such on the GovProcurement Website which is responsible for administering the e-Procurement System
    1.2 Except where the context otherwise requires, words importing the singular shall include the plural and vice versa; words importing a gender shall include all other genders; references to any person shall include any individual, firm, body corporate or unincorporate (wherever established or incorporated).

    2. The e-Procurement System

    2.1 The e-Procurement System is an electronic platform enabling Participating Departments to issue an electronic invitation to selected Registered Suppliers to submit electronic quotations for the supply of goods and/or services to the Government. Both the invitation and quotations can be issued via the e-Procurement System.
    2.2 Only procurement for an estimated value not exceeding HK$1.4 million for goods and non-construction services and HK$3 million for consultancy services will be conducted via e-Procurement System by a Participating Department. For tenders over the aforesaid threshold, and if they are procured by GLD, the tenders can be submitted via the electronic tendering system operated by GLD.
    2.3 In order to use the e-Procurement System, a supplier which is not already on the suppliers' list(s) of the Participating Department(s) but wishes to supply goods and/or services to such Department(s) must first apply to be included in the suppliers' list(s) via the GovProcurement Website or via conventional means. Upon the application for inclusion is successful and if the supplier has also indicated that it wishes to use the e-Procurement System and its services, the supplier will be given an activation ID and PIN. The supplier must go through another set of registration procedures on the GovProcurement Website to activate its account with the e-Procurement System using the activation ID and PIN. For existing suppliers which are already included in the suppliers' list of the Participating Department(s) which it wishes to trade with, provided that it has indicated its intention to use the e-Procurement System and its services, it will be given a set of activation ID and PIN by OGCIO. The existing supplier must equally go through the same registration procedures to activate its account with e-Procurement System. Once the registration and activation procedures are complete, the supplier will be a Registered Supplier who can receive invitation to quotation from a Participating Department, and submit quotation in response, both via the e-Procurement System. Purchase orders by the relevant Participating Department may also be despatched via the e-Procurement System.
    2.4 Your registration as a Registered Supplier with the e-Procurement System does not automatically qualify you to bid with the Participating Department; and the Participating Department is not bound to issue an invitation to you to submit quotation.
    2.5 The Participating Department may request further information from you before it issues any bid award or takes any other related action. The registration for the use of the e-Procurement System does not confer or imply any special consideration toward you as the Registered Supplier by the Participating Department.
    2.6 On the other hand, registration with the e-Procurement System is not a pre-requisite in order to receive invitation from a Participating Department to submit quotation in relation to certain procurement. If you are already on the list of suppliers of a Participating Department, you can still receive invitation in the traditional paper-based method.
     

    3. Qualifications to become a Registered Supplier

    3.1 You must be on the suppliers' list of the Participating Department(s) which you wish to supply goods and/or services before you can apply to become a Registered Supplier with the e-Procurement System.
    3.2 Any sole proprietor, partnership, company or statutory corporation may apply for inclusion on the suppliers' list of a Participating Department, and registration with the e-Procurement System. The sole proprietor or a partner of a partnership must be over the age of 18 in order to join.
    3.3 In order to ensure that the application is successful, the applicant must provide all relevant information as required in the registration and account activation procedures on the GovProcurement Website.

    4. Login Procedures

    4.1 You can only register and activate your account with the e-Procurement System with the activation ID and PIN provided to you by the System Administrator.
    4.2 As part of the registration and account activation procedures on-line, you will be prompted to submit your own user ID and password for a master account which will replace the activation ID and PIN then assigned to you. If you intend to use your Digital Certificate for logging to the e-Procurement System, you should select the option of logging in through the use of Digital Certificate. If you intend to login the e-Procurement System by using "iAM Smart", you should press the "Login with iAM Smart" button. After completion of the registration and account activation procedures, you can log-in to your master account with the e-Procurement System by inputting your own user ID and password, or through the use of the Digital Certificate, or "iAM Smart" where applicable.
    4.3 If you wish to create a sub-account to be accessed by the creation of a separate set of user ID and password which is different from the set which you have created for the master account, you may do so through completing a separate sub-account opening procedures available on the GovProcurement Website. You, as the Registered Supplier, will be responsible for all acts, omissions and defaults under or through the master account and the sub-account(s) opened with the e-Procurement System.
    4.4 You shall assume full responsibility for keeping all your user IDs and passwords secure and confidential from unauthorised use. The disclosure by you of the user ID and password (whether it be for the master account or any of the sub-accounts which may be created by you) to your employees shall be on a strictly need-to-know basis. You shall immediately notify the System Administrator of any unauthorised use of your user ID and password or any other breach of security.
    4.5 You should ensure that you log-off from the e-Procurement System at the end of each session. The Government cannot and will not be liable for any loss or damage arising from your failure to do so.
    4.6 You hereby consent that any person acting for the Director or Secretary of any of the Participating Department, or any person acting for the System Administrator, may from time to time (but not obliged to), whilst you maintain an account with the e-Procurement System, send electronic messages to your account (whether it be the master account and/or the sub-account(s) if any) or to the telephone or fax number or email address you have provided from time to time to the e-Procurement System. Such electronic messages may contain information in relation to the e-Procurement System or its services, or any invitation to you to submit quotations for certain goods or services to be procured by the relevant Participating Department, or other information as any of these persons considers appropriate. If you no longer wish to receive any such electronic messages, you shall immediately terminate your account with the e-Procurement System pursuant to clause 5.3 below. The term "electronic message" shall have the meaning given to it in the Unsolicited Electronic Messages Ordinance, Cap 593 of the Laws of Hong Kong. Notwithstanding the foregoing, you hereby agree and acknowledge that any electronic message which may be sent to you in the aforementioned manner does not constitute as a "commercial electronic message" within the meaning of the Unsolicited Electronic Messages Ordinance, Cap 593 of the Laws of Hong Kong.

    5. Continuing Acceptance of Terms and Voluntary Termination

    5.1 The Government has the right to revise these Participation Terms and Conditions from time to time. Changes can be made by the Government after their first posting to the GovProcurement Website. The Government reserves the right to modify, suspend/cancel or discontinue any or all channels, or services available on the GovProcurement Website at any time without prior notice.
    5.2 Your continued registration with the e-Procurement System shall constitute your acceptance of the Participation Terms and Conditions as from time to time revised by the Government. If at any time you do not accept any revisions to these Participation Terms and Conditions, you shall terminate your account with the e-Procurement System pursuant to clause 5.3 below.
    5.3 If you wish to terminate your account (the master account and all sub-account(s) if any) with the e-Procurement System, you may do so by giving a written notice to this effect to the System Administrator with a copy to each of the relevant responsible officers of the Participating Departments, whereupon:
    (a) the termination shall take effect within 30 days after the System Administrator has received such notice;
    (b) as soon as you have issued the notice of termination, you may no longer issue any bid in response to any invitation to quotation which you may receive via the e-Procurement System; but you may however in future receive invitation and submit quotation via the traditional paper-based method (if such method is permitted under the terms of that invitation and you have notified the relevant responsible officer of the Participating Department in the termination notice that you wish to receive invitation via the traditional paper-based method together with your address, fax number and contact details);
    (c) any bid submitted within the bid validity period prior to your written notice of termination shall not be affected;
    (d) your obligations under any contracts awarded to you via the e-Procurement System or outside the e-Procurement System remain unchanged and without prejudice to the generality of the foregoing, you shall continue to comply with all purchase orders issued via the e-Procurement System pursuant to any subsisting contracts until the termination has come into effect;
    (e) after the termination has come into effect within the period mentioned in (a) above, you will receive purchase orders pursuant to any subsisting contracts directly from the relevant Participating Departments either by facsimile or by post at the facsimile number or address to be specified in your termination notice (if any) or to be further notified by you immediately upon the request of the relevant Participating Department; and
    (f) for the SOA-QPS Procurement, after the termination has come into effect within the period mentioned in clause 5.3(a) above, you will no longer issue any bid in response to any invitation to proposal which you may receive via the e-Procurement System.

    6. Obligations to ensure that information submitted is true, accurate and complete

    6.1 By applying to become a Registered Supplier with the e-Procurement System, you agree to:
    (a) provide true, complete and accurate information as required by the e-Procurement System; and
    (b) if there are any changes to any such information, you shall promptly update the information via the e-Procurement System or if not possible by writing direct to the relevant Participating Department(s) to ensure that it will continue to be true, complete and accurate. If you provide any information that is untrue, inaccurate, not current or incomplete, in the case of you are a new supplier, the Government will not approve your application for inclusion in the suppliers' list of the relevant Participating Department(s); and in the case you are a Registered Supplier, the Government has the right to suspend or terminate your registration and you will not receive any invitation to submit quotation or submit quotation via the e-Procurement System.
    6.2 If you are an existing supplier, even though you are not required to re-apply for inclusion in the suppliers' list of the relevant Participating Department(s) via the e-Procurement System, you shall equally comply with clause 6.1 above including the obligation to update any information previously provided by you to the relevant Participating Department(s) when applying for inclusion.

    7. Invitation and Submission of Quotations

    7.1 The Participating Department shall determine the scope of procurement and the Registered Suppliers for which an invitation is intended.
    7.2 The Registered Supplier, in order to submit a quotation in response to such invitation, shall complete all the processes and steps required for quotation submission. A quotation is regarded as having been successfully transmitted once acknowledgment is given by the e-Procurement System.
    7.3 The terms and conditions for submission of quotation in response to an invitation, and the terms and conditions of the contract to be awarded upon completion of evaluation are set out on the GovProcurement Website. Reference herein to Terms and Conditions shall include all of the aforesaid terms and conditions.

    8. User Conduct

    8.1 A Registered Supplier must not use e-Procurement System and its services to :
    (a) impersonate any person or falsely state or otherwise misrepresent a relevant Registered Supplier's affiliation with another person;
    (b) upload, post email or otherwise transmit any unsolicited or unauthorized or indecent advertising, promotional materials, “junk mail”, spam and so on;
    (c) upload, post email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    (d) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Registered Suppliers are able to type, or otherwise act in a manner that negatively affects other Registered Suppliers' ability to engage in the reasonable use of the e-Procurement System;
    (e) interfere with or disrupt the services of the e-Procurement System or servers or networks connected to the e-Procurement System, or not comply with any requirements, procedures, policies or regulations from the Government of networks connected to the e-Procurement System; or
    (f) violate any laws of the HKSAR.

    9. Termination

    9.1 If you do not comply with any of the Participation Terms and Conditions, the Government reserves the right to terminate or suspend your registration as a Registered Supplier with the e-Procurement System. Upon such termination or suspension, you shall immediately cease to have access to the e-Procurement System or its services.

    10. Data Privacy

    10.1 All information of the Registered Suppliers provided to the e-Procurement System will be kept by the Government in accordance with the Personal Data (Privacy) Ordinance of the laws of the HKSAR, Cap 486 (“the PDPO”).
    10.2 Any personal data provided by a Registered Supplier to the e-Procurement System will be kept properly by the Government. The information is used by the Government for the purposes stated on the respective screens on which it requests the provision of personal data. Refusal to supply personal data may result in the Government being unable to process the request. In addition, personal data may be used for other purposes as specified below.
    10.3 Any and/or all personal data provided to the Government may be used or disclosed by the Government, its employees, contractors, agents for any of the following purposes (where appropriate) :
    (a) the operation and administration of the e-Procurement System or the provision of services through the e-Procurement System;
    (b) enforcement of the Government's rights and obligations under these Participation Terms and Conditions;
    (c) complying with any legal, governmental or regulatory requirement including any disclosure or notification requirements.
    10.4 In relation to personal data belonging to you, you acknowledge and consent that it may be disclosed to other persons for purposes mentioned above.
    10.5 You have the right of access and correction with respect of your personal data as provided for in Sections 18 and 22, and Principle 6 of Schedule 1 of the PDPO. The right of access includes the right to obtain a copy of the personal data provided belonging to you.
    10.6 Enquiries concerning the personal data kept in the e-Procurement System including the making of access and corrections, should be addressed to the System Administration, acting as the Personal Data Privacy Officer for the purposes of this e-Procurement System.

    11. Copyright

    11.1 All contents on the GovProcurement Website such as text, graphics, logos, buttons, icons, images, sound, audio clips and software are the properties of the Government (or its content providers or suppliers which the Government is licensed to use) and are protected under the laws of the HKSAR and/or relevant international copyright laws.
    11.2 The compilation (i.e. the collection, arrangement and assembly) of all contents on the GovProcurement Website are the exclusive property and ownership of the Government and are protected under the laws of the HKSAR and/or relevant international copyright laws. Software used on the GovProcurement Website is the property of the Government (or its software providers or suppliers which the Government is authorized and licenced to use) and protected under the laws of the HKSAR and/or relevant international laws protecting intellectual property rights.
    11.3 All contents and software on the GovProcurement Website may be used as a resource or venue for the sale and purchase of goods and services between the Government and Registered Suppliers, and the provision of product literature, catalogues, news and information relating to goods and/or services offered by the Registered Suppliers. Any other use including the reproduction, modification, distribution, transmission, republication, display or performance of any or all the contents on the GovProcurement Website is strictly prohibited.
    11.4 A Registered Supplier must not upload or transmit any material with contents that infringe intellectual property rights of any person.

    12. Disclaimer

    12.1 You agree that use of the e-Procurement System is at your sole risk. The e-Procurement System and its services are provided on an “as is” and on an “as available” basis. The Government expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
    12.2 The Government makes no warranty that the e-Procurement System or its services will meet your requirements or expectation, that the e-Procurement System and its services will be uninterrupted, timely, secure, or error free; nor does the Government make any warranty as to the results that may be obtained from the use of the e-Procurement System and its services or as to the accuracy or reliability of any information obtained from the e-Procurement System or its services.
    12.3 You agree that the Government shall not be responsible or held liable for any delayed, untimely, slow or unsuccessful download or upload of any documents or materials from or to the GovProcurement Website or otherwise through the e-Procurement System.
    12.4 You agree that neither the Government nor any of its employees, contractors and agents shall be liable for any direct, indirect, incidental, special, consequential or exemplary damages, resulting from your use or the inability to use the e-Procurement System and its services including without limitation lost profits, lost sales or business expenditures, investments, or commitments in connection with any business, loss of any goodwill.
    12.5 You waive and discharge any and all claims against the Government arising out of related access or lack thereof.

    13. Indemnification

    13.1 By using the e-Procurement System and its services, you agree to defend, indemnify and hold harmless the Government and its employees from and against all claims, suits, demands and liability of any nature, including the Government's costs and expenses, arising out of the use of the e-Procurement System by you or anyone having gained access to the e-Procurement System by use of your user ID and password (whether it be a master account and/or sub-accounts as mentioned in clause 4.3 above). This provision shall extend to claims and liability arising out of the use of copyrighted materials and other intellectual property by you or anyone having access to the material by means of your account/sub-account(s).

    14. Miscellaneous

    14.1 You agree that you will not transfer or assign whether for value or otherwise your account (whether it be a master account and/or sub-accounts as mentioned in clause 4.3 above) with the e-Procurement System to another person. Your account with the e-Procurement System and the user ID and password are personal to you and are not transferable or assignable.
    14.2 These Participation Terms and Conditions shall be governed by and interpreted in accordance with the laws of the HKSAR. You agree to submit to the exclusive jurisdiction of the courts of HKSAR.
    14.3 The failure of the Government to exercise or enforce any right or provision of these Participation Terms and Conditions shall not constitute a waiver of such right or provision. If any of these Participation Terms and Conditions is found by a court of a competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions of the Government as reflected in these Participation Terms and Conditions, and the other provisions of these Participation Terms and Conditions shall remain in full force and effect.
  • Invitation Terms and Conditions

    TERMS AND CONDITIONS OF INVITATION TO QUOTATION

    VIA THE E-PROCUREMENT SYSTEM

     

    1. Invitation and Submission of Quotations

     

    1.1 The Registered Supplier who has received an invitation to submit quotation from a Participating Department (“Invitation to Quotation”) and wishes to submit a quotation via the e-Procurement System is required to read, understand and signify its agreement with these Terms and Conditions. Terms and expressions defined in the Terms and Conditions of Use and Participation shall have the same meanings when appearing herein.

     

    1.2 If quotation documents are issued by the Participating Department and made available for download in the e-Procurement System (“Quotation Documents”), the Registered Supplier shall also refer to them for additional instructions concerning the submission of quotation, for the General and Special Conditions of Contract, and for the additional specifications and requirements in respect of the goods and/or services which the Participating Department wishes to procure.

     

    1.3 The Registered Supplier shall complete all particulars required in the Electronic Invitation to Quotation section in the e-Procurement System (“Electronic Invitation to Quotation”) accessible after logging into the e-Procurement System in accordance with the manner prescribed in the email or fax notifying the Registered Supplier about the Invitation to Quotation including the price quotation for the goods and/or services to be supplied, and a brief description of the goods and/or services to be offered.

     

    1.4 In addition to the aforementioned particulars, the Participating Department may require submission of other proposals, information and documents as specified in the Quotation Documents. Such proposals, information and documents shall be submitted by way of uploading them as attachments in the stipulated file format. The Registered Supplier shall ensure that all required proposals, information and documents are submitted at the same time as one complete quotation submission. However, any sample which may be requested shall be submitted in the manner stipulated in the Quotation Documents.

     

    1.5 After completion and attachment of all necessary particulars, information and documents, the Registered Supplier may then submit the quotation via the e-Procurement System. For authentication purpose, the Registered Supplier must submit its quotation by inputting the secret code (as shown in the invitation notification) and its login password, or through the use of a valid Digital Certificate.

     

    1.6 The Registered Supplier shall ensure that the submission is complete before the quotation closing date and time as specified in submission page (Hong Kong time). Late submission will not be considered. After completion of the submission process, a message will be shown on screen to indicate the submission status, viz whether successful or unsuccessful. If the submission is late, a message to that effect will be shown on screen.

     

    1.7 In case tropical cyclone signal No. 8 or above is hoisted, or a black rainstorm warning signal or "extreme conditions after super typhoons" announced by the Government is/are in force (“inclement weather signal”) any time within three hours prior to the quotation closing time on the quotation closing date, the quotation closing date will be extended to the first working day at the same closing time when no inclement weather signal is in force any time within three hours prior to such closing time. In the event of any extension, references to “quotation closing date and time” shall be construed as the extended quotation closing date and time.

     

    1.8 The e-Procurement System does not accept attachments which altogether or individually exceed the file size limitation as specified in e-Procurement System in a single submission session. If the Registered Supplier proposes to submit attachment(s) exceeding the file size limit, they may be submitted through the e-Procurement System in separate sessions or may be separately despatched to the Participating Department at the address specified in the Quotation Documents to arrive at that address before the quotation closing date and time. The additional attachments shall identify the Invitation Quotation No. and the Registered Supplier concerned (name and address). Unless otherwise expressly indicated by the Registered Supplier, it shall be assumed that submission via different sessions and/or via different submission method shall be treated as one single quotation. Except for the aforementioned circumstance, or except where a sample is required, if the Registered Supplier elects to submit its quotation via the e-Procurement System, the Registered Supplier is encouraged to submit all parts of its quotation via the e-Procurement System rather than through a combination of submission methods.

     

    1.9 All parts of the quotation submitted by the Registered Supplier will be binding on the Registered Supplier, and if and to the extent accepted by the Participating Department, form part of the Contract to be awarded to that Registered Supplier.

     

    1.10 Alteration of submission before the quotation closing date and time is permitted. If a Registered Supplier wishes to make alteration to the submitted quotation, the Registered Supplier shall send in a revised quotation superseding the original quotation either via the e-Procurement System or through paper-based channel as specified in the Quotation Document.

     

    1.11 All changes and supplements to the terms and conditions stipulated by the Participating Department to the Electronic Invitation to Quotation and/or to the Quotation Documents, if any, will be notified by the Participating Department by email or by fax to all Registered Suppliers who have received the invitation notification. The Registered Suppliers are required to access e-Procurement System to download or view the changes and supplements.

     

    1.12 Notwithstanding any successful submission, a quotation which is found to be contaminated with virus will not be considered further.

     

    2. Award of Contract

     

    2.1 The Contract to be awarded to the successful Registered Supplier (regardless of the method of submission use) shall comprise the General Conditions of Contract contained in GF604 (for procurement of goods only), the Quotation Documents (if any), the quotation submitted by the successful Registered Supplier, and the acceptance and/or order(s) referred to in Clause 2.2. In addition, for a successful Registered Supplier which has submitted its quotation via the e-Procurement System, the Contract awarded to it shall also include these Terms and Conditions and the Electronic Invitation to Quotation; and in the event of any inconsistency amongst any of the aforesaid documents, these Terms and Conditions shall prevail.

     

    2.2 The Participating Department may either issue a letter or fax of acceptance to the successful Registered Supplier or an order or a notification of order by email or fax for the goods and/or services offered by the successful Registered Supplier within the Quotation Validity Period. In the case of a notification of order, the successful Registered Supplier may view the full details of the order through the e-Procurement System. Upon issue of such acceptance or order or notification of order by the Participating Department, a binding Contract will immediately be constituted between the Government (as represented by that Participating Department) and the successful Registered Supplier.

     

    2.3 By submitting a quotation in response to the Electronic Invitation to Quotation, the Registered Supplier warrants that (a) the goods and/or services it offers in the quotation do not infringe any intellectual property rights of any person; and (b) its business registration certificate and employee’s compensation insurance policy are in full force and effect.

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Last review date: August 2022

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