Important Notes for Prequalification

Important Notes for Application for Admission to the Pre-qualified Lists of Consultants and Contractors under the New Support Service Scheme for Building Maintenance Works

1. Introduction

   1. The New Support Service Scheme for Building Maintenance Works (“the Scheme”) is to support the Owners’ Corporations and owners in engaging compliant consultants and contractors to properly carry out building maintenance works.  The pre-qualified lists of consultants and contractors under the Scheme (“the Pre-qualified Lists”) are established to include those having fulfilled the specified requirements for technical competence, integrity, financial capacity and past performance.
   2. The Government of Hong Kong Special Administrative Region (“the Government”) and the Urban Renewal Authority (“URA”) / the entity to be established by the Government or URA to administer the Scheme (collectively “the Authority”)  maintain lists of building maintenance services providers who are pre-qualified to act as inspection consultants, supervision consultants and building works contractors for building maintenance works under the Scheme.  All building maintenance services providers engaged in carrying out building maintenance works receiving government or URA subsidies must at the time of engagement be and during the engagement remain on the relevant Pre-qualified Lists.These Notes provide information on the operation of the Pre-qualified Lists, the pre-qualification criteria, application procedure for admission to the Pre-qualified Lists, performance assessment framework, the mechanism for renewal, suspension of pre-qualification status and removal from the Pre-qualified Lists, and other ancillary matters in connection with the Pre-qualified Lists.
   3. These Notes provide information on the operation of the Pre-qualified Lists, the pre-qualification criteria, application procedure for admission to the Pre-qualified Lists, performance assessment framework, the mechanism for renewal, suspension and removal from the Pre-qualified Lists, and other ancillary matters in connection with the Pre-qualified Lists.
   4. Building maintenance services providers applying for admission to the Pre-qualified Lists (the “Applicant”) are strongly advised to read these Notes.  By proceeding with the application for admission to the Pre-qualified Lists (the “Application”), Applicants are deemed to have unconditionally accepted and agreed to the matters stated herein, provisions stipulated in the relevant application forms, and any guidelines issued by the Authority in connection with the administration of the Pre-qualified Lists.  Failure or refusal to observe these relevant requirements may lead to refusal of the Application and/or removal of the consultants/contractors from the Pre-qualified Lists.
   5. The name of the Scheme may be subject to change from time to time.  Applicants shall acknowledge and agree in the “Authorisation and Consent Letter” that the authorisation and consent given thereunder shall remain in full force and effect notwithstanding any change in the name of the Scheme.
   6. 1.6.    Applicants are reminded that the provision of any false information in an Application may constitute a criminal offence. The Authority may refer any such matter to the relevant law enforcement agencies and to take any other action it considers appropriate, including rejecting the Application or removing the concerned consultant/contractor from the relevant Pre-qualified Lists.

2. Operation of the Pre-qualified Lists

   1. The Authority shall maintain and administer the Pre-qualified Lists for the relevant categories of inspection consultants, supervision consultants and building works contractors. The Authority reserves the rights to, in its sole and absolute discretion and from time to time, update, revise, amend, or otherwise manage the Pre-qualified Lists, their applicable requirements and any guidelines and criteria pertaining to the administration of the Pre-qualified Lists as it deems appropriate without prior consultation with any person on the same and without any liability.
   2. The operation of the Pre-qualified Lists is subject to the performance assessment, renewal, suspension of pre-qualification status and removal mechanisms set out in these Notes and to any additional requirements that may be stated in the relevant tender documents or other communications issued by the Authority from time to time.
   3. The Authority may review an Applicant’s continued suitability for admission and retention on the Pre-qualified Lists at any time, whether as part of routine administration, renewal, performance assessment or otherwise.
   4. An Applicant admitted to any of the Pre-qualified Lists shall ensure that all information provided to the Authority remains complete, true and accurate.  The Applicant must notify the Authority within one week of the date on which any material change occurs in its qualifications, status, registration, personnel, financial position, disciplinary history, prosecution or conviction record or any other matter that may affect its admission to, or continued retention on, the relevant Pre-qualified Lists. Failure to provide such notice within the specified period entitles the Authority to take appropriate action, including removing the relevant consultant/contractor from the Pre-qualified List.

3. Pre-qualification Criteria

   1. The Authority has the sole and absolute discretion to establish, modify, interpret and apply the pre-qualification criteria, and to determine whether any Applicant is admitted to any of the Pre-qualified Lists, as the Authority deems appropriate, necessary or desirable. The Authority shall be under no obligation to provide any reason, explanation or justification in relation to any such determination.
   2. Without prejudice to the generality of the foregoing, the Authority will consider the following four main areas:
      1. Technical competence;
      2. Integrity;
      3. Financial capacity; and
      4. Performance.
   3. As a condition of admission to, and continued retention on, the Pre-qualified Lists, an Applicant shall comply with at all times all applicable laws (including the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region, the Safeguarding National Security Ordinance and other laws of the Hong Kong Special Administrative Region related to safeguarding national security), regulations and by-laws of Hong Kong, and shall not directly or indirectly in any way engage in any act or activities which may be reasonably believed as contrary to the interest of national security.  The Authority reserves the right to reject an Application on the grounds that the Applicant has engaged, is engaging, or is reasonably believed to have engaged or be engaging in acts or activities that are likely to cause or constitute the occurrence of offences endangering national security; or where it is necessary to reject the Applicant’s application in the interest of national security, or is necessary to protect the public interest of Hong Kong, public morals, public order or public safety.
   4. A non-exhaustive list of pre-qualification criteria is set out in the Website for Admission to the Pre-qualified Lists.
   5. For the avoidance of doubt, Applicant satisfying all applicable criteria may nonetheless considered unsuitable for admission to the Pre-qualified Lists if there exists any matters which in the view of the Authority may affect the Applicant’s capabilities in undertaking the relevant maintenance works and other related duties under the Scheme.
   6. Admission to any of the Pre-qualified Lists only indicates that an Applicant has met the relevant pre-qualification requirements established by the Authority at a specific point in time. Admission to any of the Pre-qualified Lists does not confer any absolute right or entitlement to be invited to tender, to be selected for any procurement exercise, or to be engaged for any project or works.
   7. The pre-qualification criteria set out above are minimum requirements. Subject to the specific scale and needs of individual buildings, tender documents for consultancy services and building maintenance works may impose additional requirements. 

4. Application Procedures

   1. Applications for admission to the Pre-qualified Lists shall be submitted in the form and manner prescribed by the Authority from time to time, including through such electronic platform or submission channel as the Authority may designate.  Each Applicant shall complete all required fields in the electronic application form and submit all declarations, particulars and supporting documents required by the Authority for the relevant category of admission.
   2. Upon receipt of an Application, the Authority will conduct checking and verification of the information and documents submitted by the Applicant, including verification of company technical competence, past experience, and making enquiries to relevant Government departments, law enforcement agencies, professional institutes, registration authorities or other bodies as the Authority considers appropriate.  The Authority may request from an Applicant such further information, clarification, declarations or supporting documents as it considers necessary for the administration of the Pre-qualified Lists. If the Applicant fails to provide the required information, documentation and/or clarification within the period specified in the request, its application may be rejected without prior notice.
   3. An application will only be considered when the Authority is satisfied that it is complete in all material respects. The Authority may, but is not obliged to, notify an Applicant of any omission, defect or insufficiency in its application and permit rectification within such period as the Authority may specify. No representation is made as to the time required for processing any application, and the Authority shall not be liable for any delay in considering, processing or determining an application. The time required for processing an Application may vary depending on, among other things, the completeness and accuracy of the information and documents submitted, the timely receipt of all required consent forms and undertakings, the need for clarification or supplementary information, the complexity of the Applicant’s structure or application category. As a general reference only, the overall pre-qualification process may take approximately 12 weeks.
   4. The Authority will notify the Applicant of the application result in such manner as the Authority considers appropriate, including by electronic means. Where an Application is successful, admission to the relevant Pre-qualified List shall take effect only upon satisfaction of all conditions imposed by the Authority (if applicable).  By submitting an Application, the Applicant acknowledges and accepts that the Authority reserves the right not to provide any reasons for the refusal of its Application.  For unsuccessful application, the Applicant may write to the Government to request for a review of his case within two weeks from the date of notification.  If no request for review is submitted by the Applicant within the specified period, the application result as notified to the Applicant shall be final and binding.  If a request for review is submitted by the Applicant within the specified period, the Government will review the case and make a decision as soon as possible upon receipt of the Applicant’s request.  The decision of the Government on these cases seeking review shall be final and binding.
   5. A successful applicant shall pay a non-refundable certification fee of HK$2,000 within two weeks from the date of notification of the successful application. The payment method and related arrangements will be notified separately by the Authority.

5. Performance Assessment Framework

   1. Applicants admitted to the Pre-qualified Lists shall be subject to ongoing performance assessment for the purposes of, among other things, renewal of admission and tender evaluation where the relevant tender includes a technical assessment component.
   2. The performance assessment comprises quantitative and qualitative criteria, including an Applicant’s performance in projects for which the tender processes are administered by the Authority or otherwise, participation and conduct in tenders of the Scheme, feedback from building owners, complaints history, safety performance, project management and such other matters as the Authority considers relevant.
   3. Without prejudice to the generality of the foregoing, the Authority may also take into account any adverse findings, warning letters, disciplinary actions, prosecutions, convictions, incidents of non-compliance or other relevant records in assessing an Applicant’s performance. The Authority shall have the absolute discretion to determine the outcome of any performance assessment and the consequences arising from it, subject to these Notes and any applicable tender or contract documents.

6. Renewal of Admission

   1. Admission to the Pre-qualified Lists is valid for a term of two years. An Applicant wishing to remain on the relevant Pre-qualified Lists shall apply for renewal three months before the expiry of the two-year validity period, in such form and manner as may be prescribed by the Authority. An Applicant must submit a duly signed declaration form confirming their compliance with the retention requirements for the respective category(ies) and provide updated company information. If considered necessary, the Authority will request a company to provide supporting documents for review.
   2. In considering any renewal application, the Authority may take into account all matters it considers relevant, including the Applicant’s continued fulfilment of the applicable pre-qualification criteria, performance assessment results, complaint and disciplinary records, litigation history, statutory or regulatory compliance, and any other matter that may affect the Applicant’s suitability for continued admission to the relevant Pre-qualified Lists.
   3. The Authority may require an Applicant to submit updated information, declarations, supporting documents and/or such further clarifications as the Authority may consider necessary for the purpose of renewal. Where an Applicant fails to submit a renewal application by the prescribed deadline, fails to provide sufficient information, or otherwise fails to satisfy the Authority as to its continued suitability, the Authority may decline to renew the Applicant’s admission and/or remove the Applicant from the relevant Pre-qualified Lists upon the expiry of the two-year term.

7. Suspension of Pre-qualification Status or Removal from the Pre-qualified Lists

   1. The Pre-qualified Lists are put in place to ensure that certain standards of financial capability, expertise, management, quality and safety are maintained by the consultants/contractors taking part in maintenance works and other related duties under the Scheme.  
   2. If a consultant/contractor is currently being prosecuted for an integrity-related offence, is involved in a major site safety incident, has been rated as having poor project performance, or if the Authority has doubts regarding the ability of the relevant company/personnel to properly perform their duties, the Authority may immediately suspend the pre-qualification status of the consultant/ contractor on any Pre-qualified Lists.  During suspension, the consultant/contractor concerned will not be allowed to participate in any tender submission under the Scheme, until they can demonstrate compliance with the required standards.
   3. If a consultant/contractor is convicted of an integrity-related offence, makes a false declaration when applying for inclusion on the Pre-qualified Lists or participating in a bid, or has its professional or contractor registration or relevant statutory qualifications revoked, the Authority may immediately remove the relevant consultant/contractor from the Pre-qualified Lists.
   4. The Authority reserves the right to suspend the pre-qualification status of the relevant consultant/contractor or remove the relevant consultant/contractor from the Pre-qualified Lists on the grounds that the Applicant has engaged, is engaging, or is reasonably believed to have engaged or be engaging in acts or activities that are likely to cause or constitute the occurrence of offences endangering national security; or where it is necessary to suspend the pre-qualification status of the relevant consultant/contractor or remove the relevant consultant/contractor from the Pre-qualified Lists in the interest of national security, or is necessary to protect the public interest of Hong Kong, public morals, public order or public safety.
   5. An Applicant may, within two weeks from the date of receiving the notice of suspension of pre-qualification status or removal from the Pre-qualified Lists, write to the Government to request for a review of his case. If no request for review is submitted by the Applicant within the specified period, the result on suspension of pre-qualification status or removal from the Pre-qualified Lists as notified to the Applicant shall be final and binding.  If a request for review is submitted by the Applicant within the specified period, the Government will review the case and make a decision as soon as possible upon receipt of the Applicant’s request.  The decision of the Government on these cases seeking review shall be final and binding.
   6. Any decision of the Authority in relation to admission, non-admission, renewal, non-renewal, suspension of pre-qualification status or removal shall be final and binding. The Authority shall be under no obligation to provide any reason, explanation or justification for any such decision.  An Applicant shall have no claim whatsoever against the Authority arising from or in connection with any such decision or any related act or omission.

8. Other Points to Note

   1. Applicants are reminded to review the Personal Data Collection Statement set out appended hereto in connection to the personal data provided in any Application.
   2. These Notes are provided for strictly for information purposes and are intended as general guidance only. The information contained herein is not exhaustive.    No representation or warranty, express or implied, is given by the Authority as to the accuracy, completeness, or suitability of the information contained herein, and the Authority shall have no liability to any Applicant for any loss or damage arising from or in connection with any reliance on the information contained herein.
   3. These Notes do not constitute any form of binding agreement between an Applicant and the Authority and shall not be construed as an acknowledgment or acceptance by the Authority of any application submitted by an Applicant.  The Authority makes no representation, commitment or guarantee that any application submitted by an Applicant will be approved or accepted.
   4. The Authority reserves the rights to, in its sole and absolute discretion and at any time, revise and amend these Notes without prior notice or liability.
   5. In the event of any inconsistency between the Chinese and English versions of these Notes, the [English] version shall prevail. 

9. Enquiries

   1. Should an Applicant have any questions or enquires in relation to these Notes, the Applicant may visit the website of the Authority, call the hotline at 2588 2929 during office hours (i.e. Monday through Friday, 9:00 am to 5:30 pm), or send an email to pqenquiry@ura.org.hk for further information or assistance.