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Joint venture awarded contract for Route 9 2.
LCQ7: Guidelines to ensure fairness and integrity of
tender assessment for Tamar Project
1. Joint venture awarded contract for Route 9 Hong
Kong Government, 30 April 2003 The
second works contract for Route 9 between Tsing Yi and Cheung Sha Wan - the Nam
Wan Tunnel and West Tsing Yi Viaduct - was awarded to a joint venture today April
30). This marks
another milestone in the implementation of the east-west strategic link between
Hong Kong International Airport and the north-eastern part of the New Territories.
The Director
of Highways, Mr Mak Chai-kwong, signed the $1.479 billion contract on behalf of
the Government with a joint venture comprising Gammon Skanska Limited and Skanska
International Civil Engineering AB for the construction of the tunnel and the
associated viaduct. Speaking
at the contract-signing ceremony today, Mr Mak said the Highways Department would
continue to build high quality roads, expand and improve the road network to meet
changes in the transport needs of urban development. The
1.25-kilometre Nam Wan Tunnel is a twin-bore, three-lane tunnel running underneath
the southern part of Tsing Yi Island. Other major elements of the contract include
the tunnel control buildings and the one-kilometre dual three-lane West Tsing
Yi Viaduct. Works
have just commenced for completion by mid-2007. Route
9 is a trunk road linking Lantau and Sha Tin via Tsing Yi and West Kowloon. The
main components include the North Lantau Highway and the Lantau Link, which were
completed in 1997, and the remaining sections of the route between Tsing Yi and
Cheung Sha Wan and between Cheung Sha Wan and Sha Tin. After
the completion of these two sections, Route 9 will provide a direct link between
the airport at Chek Lap Kok and North East New Territories. It will also connect
the Lantau Link to the West Kowloon Highway at Cheung Sha Wan and provide direct
access to the future Container Terminal No 9 (CT9) and existing container terminals
without going through the Tsing Yi local road network.
2. LCQ7: Guidelines to ensure fairness and integrity of tender assessment for
Tamar Project Hong
Kong Government, 30 April 2003 Following
is a question by the Hon Lau Ping-cheung and a written reply by the Chief Secretary
for Administration, Mr Donald Tsang, in the Legislative Council today (April 30):
Question: In
the prequalification exercise completed at the end of last year, the Special Selection
Board for the Tamar Development Project selected five applicants for participation
in the tendering. In this connection, will the Government inform this Council
whether, in order to maintain the impartiality of the Board in its assessment
of tenders, guidelines have been issued to Board members and the public officers
concerned to specify that, outside the meetings for tender assessment, no comments
should be given in private to any prequalified applicants or architect partners
on their submitted designs or design concepts, nor should there be any unofficial
contacts with these applicants or architects and, where contacts with the prequalified
applicants are unavoidable, the details and the course of such contacts should
be made public; if such guidelines have been issued, of the details; if not, the
reasons for that, and whether any guidelines will be compiled prior to the commencement
of the tendering? Reply:
Madam President,
As a signatory to the World Trade Organization Agreement on Government Procurement,
the Government is firmly committed to full compliance with the requirements of
the Agreement in pursuing the Tamar development project. To ensure the fairness
and integrity of the procurement or tender exercise pertaining to the Tamar project,
members of the Special Selection Board (SSB), being the party directly involved
in the tender evaluation and selection processes, are required - (a)
to treat and hold in strict confidence all information relating to the applications
for prequalification, assessment and selection of prequalified applicants, tenders
of the design-and-build contract, assessment of such tenders and the subsequent
award of the tender for the contract; (b)
not to disclose or permit to be disclosed any information referred to in (a),
except when such disclosure is agreed by the Government, or take advantage of
any information whether or not for personal gain; (c)
to declare to the Board any actual or perceived conflict of interests immediately
when the party concerned becomes aware of any such conflict; and (d)
to take steps to avoid any actual or perceived conflict of interests with any
prospective candidates/ tenderers or candidates/ tenderers by putting the party
concerned in a position of obligation towards any of them. Members
of the SSB have signed an undertaking that sets out the above requirements in
full. These requirements follow the guidelines issued under the Stores and Procurement
Regulations (SPRs) that govern conflict of interests by public officers, including
those who provide technical support for the work of the SSB. Furthermore,
as a prescribed condition in the prequalification document published in August
2002, the following groups of persons would not be eligible to participate in
the prequalification or tender exercise of the Tamar project to avoid potential
conflict of interests - (a)
members of the SSB or the team of public officers that provides technical support
to the Board and their immediate family members; (b)
an employee or person having an employment contract or is at continuous and close
professional association or partnership with a person in (a) above; and (c)
a company of which a person in (a) above is a director or a major shareholder.
With the comprehensive
and effective mechanism in place to control conflict of interests, we do not consider
it necessary or practical to prohibit contacts between the SSB members or public
officers concerned and the prequalified applicants or their associate consultants.
After all, the sheer size or scale of the Tamar project implies that the prequalified
applicants are each supported by a large group of individuals and companies from
the field of architecture, structural engineering, building services engineering,
etc. It would not be fair or proper to forbid or require full disclosure of liaison
between the parties, bearing in mind that such contacts may have nothing to do
with the Tamar project. On
the Tamar project itself, there may be circumstances where communication and contacts
are necessary to facilitate the gathering of information or conduct of tender
assessment. In this case, it would not be appropriate to make public details of
the communication as it would involve confidential information pertaining to the
tender exercise. That being the case, as the ultimate but effective safeguard,
any discussion or exchange of information that may involve a conflict of interests,
whether actual or perceived, would be caught by the undertakings that members
of the SSB have entered into or the SPRs that govern all public officers.
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