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 of use and participation (“Participation Terms and Conditions”). Please read them carefully. You cannot complete your registration and use the e-Procurement System without agreeing to comply with these Participation Terms and Conditions. By pressing the "ACCEPT" button at the end of the Participation Terms and Conditions, you signify your unconditional acceptance of these Participation Terms and Conditions. The Government reserves the right, at its discretion, to change or modify these Participation Terms and Conditions at any time without giving prior notice to any person. Please check these Participation Terms and Conditions posted 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.

The e-Procurement System facilitates government bureaux and departments to procure goods and/or services from relevant suppliers through different procurement arrangement:

(1) the procurement of stores, services and consultancy services under the relevant financial limit and procedures stipulated in the Stores and Procurement Regulations (“Procurement under the Quotation Procedures”);

(2) the procurement of IT products and related services under the GITP scheme;

(3) the procurement of IT professional services under the SOA-QPS scheme; and

(4) the procurement of Wi-Fi services under the SOA-WiFi scheme.

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
“GITP provider” means a provider of IT product of a sub-category within a major category appearing on the list of GITP providers for that sub-category under the GITP scheme
“GITP scheme” means the scheme operated by DPO (with details published on the GITP Website) allowing relevant GITP providers submitting quotations of IT products and related services under a sub-category in response to invitations to be issued by a Government bureau or department (but not necessarily a Participating Department) via the e-Procurement System
“GITP Website” means https://www.digitalpolicy.gov.hk/en/our_work/digital_infrastructure/industry_development/suppliers/gitp
“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
“DPO” means the Digital Policy Office
“Participating Department” means (a) in the case of Procurement under the Quotation Procedures, a Government bureau or department which appears on the list of Participating Departments published on the GovProcurement Website (as from time to time updated); (b) in the case of GITP scheme, a Government bureau or department which issues an invitation to procure IT products and/or related services under such scheme; and (c) in the case of the SOA-QPS scheme or the SOA-WiFi scheme, a Government bureau or department which issues an invitation to procure services under such scheme
“Registered Supplier” or “you” means (a) in the case of Procurement under the Quotation Procedures, 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; or (b) in the case of GITP scheme, a GITP provider using the e-Procurement System under the GITP scheme; or (c) in the case of the SOA-QPS scheme or the SOA-WiFi scheme, the SOA contractor under such scheme;
“Scheme Administrator” means the Commissioner for Digital Policy or his/her designated officers who is responsible for administering the GITP scheme, the SOA-QPS scheme and/or the SOA-WiFi scheme where applicable
“SOA-QPS contractor” means a contractor of the SOA-QPS scheme
“SOA-QPS scheme” means the standing offer agreement between the Government and the SOA-QPS contractor for quality professional services administered by DPO
“SOA-WiFi contractor” means a contractor of the SOA-WiFi scheme
“SOA-WiFi scheme” means the standing offer agreement between the Government and the SOA-WiFi contractor for WiFi services administered by DPO
“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).

Please note that Clauses 2 to 3 below are applicable to the procurement under the Quotation Procedures only and are not applicable for the procurement under the GITP scheme, the SOA-QPS scheme and the SOA-WiFi scheme. For the equivalent terms applicable to the GITP scheme, please refer to Clauses 2 and 3 of the GITP Scheme Participation Terms and Conditions. For the equivalent terms applicable to the SOA-QPS scheme and the SOA-WiFi scheme, please refer to the respective SOA contracts instead.

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$1.36 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.
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 DPO. 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.

Unless otherwise expressly specified, all terms and conditions hereinafter below are applicable to all the procurement arrangements supported by the e-Procurement System (including the Procurement under the Quotation Procedures, the GITP scheme, the SOA-QPS scheme and the SOA-WiFi scheme).

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 (in the case of the GITP scheme, the SOA-QPS scheme or the SOA-WiFi scheme, the Scheme Administrator), 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 (for the Procurement under Quotation Procedures only) 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) (applicable to the Procurement under the Quotation Procedures, the SOA-QPS scheme or the SOA-WiFi scheme only) after the termination has come into effect within the period mentioned in (a) above, you may still 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) (applicable to the GITP scheme only) if the GITP provider terminates its account with the e-Procurement System, the GITP provider status will also be deemed terminated at the same time.

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) (or in the case of the GITP scheme, the SOA-QPS scheme or the SOA-WiFi scheme, the Scheme Administrator) 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 where you are a new supplier, the Government will not approve your application for inclusion in the suppliers' list of the relevant Participating Department(s) or approve your application to become a GITP provider (as the case may be); 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 (for the Procurement under Quotation Procedures) 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. In the case that you are the GITP provider, your registration as a GITP provider for all applicable types of IT products will also cease at the same time.

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 or otherwise for any of the purposes as stated in clause 10.3(a) to (c). 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 losses, expenses, 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 non-compliance with any of these Participation Terms and Conditions 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.