HONG KONG HOUSING AUTHORITY TENDER NOTIFICATION. Sale of Home Ownership Scheme Flats 2016 and Green Form Subsidised Home Ownership Pilot Scheme Flats

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1 HONG KONG HOUSING AUTHORITY TENDER NOTIFICATION Sale of Home Ownership Scheme Flats 2016 and Green Form Subsidised Home Ownership Pilot Scheme Flats Tenders are hereby invited for the provision of legal services for handling conveyancing work for sale of Home Ownership Scheme Flats 2016 and Green Form Subsidised Home Ownership Pilot Scheme Flats. All solicitors firms are welcome to tender proposals. Detailed information and forms of tender can be downloaded from our website : [Please follow the path below to enter the webpage: Home Business Partnerships Tenders Appointment of Solicitors for handling Conveyancing for Home Ownership Scheme Flats 2016 and Green Form Subsidised Home Ownership Pilot Scheme Flats] or go to the following link direct and click Appointment of Solicitors for handling Conveyancing for Home Ownership Scheme Flats 2016 and Green Form Subsidised Home Ownership Pilot Scheme Flats or by request through to abby.ma@housingauthority.gov.hk and marked Tender for Appointment of Solicitors - HOS 2016 and GSH. All completed proposal forms (in duplicate) and required documents must be put in sealed envelopes Part IV, Part VI and Part VII of the tender documents shall be submitted in a sealed envelope marked Envelope 1 Proposal on Professional Staff and Capability and Part V of the tender documents shall be submitted in another sealed envelope marked Envelope 2 Fee Proposal. Both envelopes shall be marked Tender for Appointment of Solicitors - Conveyancing for Home Ownership Scheme Flats 2016 and Green Form Subsidised Home Ownership Pilot Scheme Flats (Tender Closing Date: 20 November 2015) and submitted in accordance with the requirements stipulated in the tender documents before 10:00 a.m. on Friday, 20 November (Enquiries: ) 23 October 2015 Stanley YING, Director of Housing

2 Contract No. LSS/2015/12 THE HONG KONG HOUSING AUTHORITY TENDER FOR Appointment of Solicitors for Conveyancing for Sale of Home Ownership Scheme Flats 2016 and Green Form Subsidised Home Ownership Pilot Scheme Flats INVITATION TO TENDER Tenders are invited for the appointment of solicitors to represent the Hong Kong Housing Authority for handling Conveyancing of sale of Home Ownership Scheme (HOS) Flats 2016 and Green Form Subsidised Home Ownership Pilot Scheme (GSH) Flats in accordance with the General Conditions of Contract and the Brief as set out in the tender documents. LODGING OF TENDER To be acceptable as a tender, Part IV, Part V, Part VI and Part VII of this document must be properly completed. Part IV, Part VI and Part VII (ALL IN DUPLICATE) shall be submitted in a sealed envelope marked Envelope 1 Proposal on Professional Staff and Capability and Part V (IN DUPLICATE) shall be submitted in another sealed envelope marked Envelope 2 Fee Proposal. Both envelopes shall be marked Tender for Appointment of Solicitors - Conveyancing for Home Ownership Scheme Flats 2016 and Green Form Subsidised Home Ownership Pilot Scheme Flats (Tender Closing Date : 20 November 2015) and be addressed to The Chairman, Tender Opening Committee, and reach the Hong Kong Housing Authority before 10:00 am on Friday, 20 November 2015 (hereinafter referred to as Tender Closing Time ) in one of the following ways: (1) be deposited personally in the Housing Authority Tender Box located at Ground Floor, Block 2, Housing Authority Headquarters Building, 33 Fat Kwong Street, Kowloon, Hong Kong; or (2) be sent by post or courier to: The Chairman, Tender Opening Committee, c/o Receipt & Dispatch Unit, The Hong Kong Housing Authority, Basement 1, Block 2, Housing Authority Headquarters, 33 Fat Kwong Street, Kowloon, Hong Kong Late tenders or tenders not submitted in accordance with the requirements stipulated above will not be considered. The Hong Kong Housing Authority will not be responsible for any late delivery of tender sent by post or courier under any circumstances. Tender Issue Date: 23 October 2015

3 Page 2 PART I TERMS OF TENDER 1. Tender Documents 1.1 This tender comprises the following:- 2. Receipt of Tender (i) Invitation to tender and Lodging of Tender (ii) Part I - Terms of Tender (iii) Part II - General Conditions of Contract (iv) Part III - Brief (v) Part IV - Proposal on Professional Staff and Capability (vi) Part V - Fee Proposal (vii) Part VI - Information Sheet on Professional Staff and Capability (viii) Part VII - Tender Submission (ix) Part VIII - Memorandum of Acceptance (x) Part IX - Non-Disclosure Agreement (Sample) (xi) Part X - Mailing Label Sample Appendix 1 - Outline of Procedures of Selection Appendix 2 - Scoring Rate Appendix 3 - Illustration Appendix 4 - Brief Particulars/Lots of Flats for Sale of HOS Flats 2016 and GSH Flats Appendix 5 - Draft Procedures for Conveyancing of Sale of Home Ownership Scheme Flats 2016 and Green Form Subsidised Home Ownership Pilot Scheme Flats 2.1 The Tender Closing Time (as defined in the Lodging of Tender) will automatically be deferred to 10:00 am on the next earliest possible working day (excluding Saturday) in the following circumstances:- (i) if Tropical Cyclone Warning Signal No. 8 or above is hoisted within 2 hours before and remains hoisted beyond the Tender Closing Time; (ii) (iii) if a Black Rainstorm Warning is announced by the Government (via the Information Services Department) within 2 hours before the Tender Closing Time and remains in force beyond the Tender Closing Time; or when the Director of Housing announces the closure of the Housing Authority Headquarters Building due to unforeseen circumstances occurring before and beyond the Tender Closing Time. 2.2 The Tender Closing Time will remain unchanged if Tropical Cyclone Warning Signal No. 8 or above or the Black Rainstorm Warning is lowered or

4 Page 3 withdrawn, or the Housing Authority Headquarters Building is reopened, two hours or more before the Tender Closing Time. 2.3 Any tenderer who discovers an error in the proposal after it has been deposited in the tender box or sent or posted to the Receipt and Despatch Unit of the Housing Authority may submit a completely new proposal or a written amendment drawing attention to the error, or signify in writing the tenderer s intention to withdraw the tender. This will be accepted provided that the new proposal, the amendment, or the written notification of withdrawal shall have been reached the Housing Authority before the Tender Closing Time. 3. Completion of Tender The documents submitted for the purpose of this tender must be completed in ink or typescript and submitted in the manner stipulated. Unless a tenderer complete all required documents in the manner stipulated, provide information as requested in the tender and return the tender, its tender will not be considered. 4. Tenderers Response to Housing Authority Inquiries In the event that the Housing Authority determines that clarification of any tender is necessary, it will advise the concerned tenderer in writing, indicating whether the concerned tenderer shall supplement its tender. The concerned tenderer shall submit such information requested within the time as required or specified by the Housing Authority. 5. Accuracy of Tender Information The tenderers are required to declare to the accuracy of the tender information, including the qualifications and experience of their staff and the relevant cases handled. If any material particulars or information in the tender of the successful tenderer are subsequently found to be inaccurate, the Housing Authority may terminate the services of the successful tenderer who shall then be liable for any damages and losses suffered by the Housing Authority resulting therefrom or in respect thereof. 6. Accuracy of Fee Proposal Tenderers should make certain that fees and/or rates quoted are accurate before submitting their tenders. Subject to Clause 2.3 above, the Housing Authority will not accept any request for adjustment on the fees and/or rates quoted on the ground that a mistake has been made in the tender. 7. Tenderers Enquiries Any enquiries from tenderers concerning this tender document may be made to Ms. Helen Chan at

5 Page 4 8. Assessment of Tender The tender will be assessed based on the Professional Staff and Capability Proposal and the Fee Proposal at a score weighting of 70:30. The Fee Proposal will not be considered unless the Housing Authority is satisfied with the Professional Staff and Capability Proposal. The Housing Authority may reject offers which are considered to have been priced unreasonably low. 9. Invitation to Offer This is an invitation to offer. The Housing Authority shall not be bound to accept an offer with the highest combined scores under the Proposal on Professional Staff and Capability and the Fee Proposal or any offer at all, and shall not be bound to make any appointment under this tender. 10. Validity Period Tenderers should note that their tenders shall remain valid for acceptance not less than 90 days after the date on which the tender was closed ( the Tender Validity Period ). Tenderers are advised that if before the expiry of the Tender Validity Period any tenderer has withdrawn its offer, due notice will be taken of such action and this may prejudice the future standing of the tenderer as a Housing Authority service provider. 11. Preparation of Tender Tenderers should note that submission of a tender shall be made on the understanding that the Housing Authority will not be liable to pay any costs arising out of or incidental to any preparation, submission, enquiry, presentation, clarification or cancellation of the tender. The Housing Authority shall be under no obligation to disclose or discuss the assessment result with any of the tenderers. 12. Presentation Tenderers may be required to make presentation(s) to the tender evaluation team, free of charge, to elaborate on the tender or any submissions thereof, within 3 working days upon receipt of request from the Housing Authority. Should there be such presentation(s), key members of the team members as set out in the tender submission will be expected to attend. The Housing Authority reserves the right to interview the team members to ensure that they have the required experience and expertise. 13. Negotiation The Housing Authority reserves the right to negotiate with any tenderer about any terms, conditions, clauses, paragraphs or parts of its tender. 14. Award of Contract Subject to paragraph 15 of these Terms of Tender, the award of contract will be made to the tenderer which appears to the Housing Authority to be fully capable of

6 Page 5 undertaking the services required and whose tender is determined by the Housing Authority to be the most advantageous to the Housing Authority. 15. Cancellation of Tender The Housing Authority shall not be bound to accept any conforming tender which has been determined to be the most advantageous to the Housing Authority or any tender and reserves the right to cancel the tender exercise, whether before or after the Tender Closing Time without any compensation to the tenderer(s). 16. Disclosure of Fees The Housing Authority shall have the right to disclose to any person or any government or legislative body, whenever it considers appropriate or upon request by such person or body (written or otherwise), and in such form and manner as it deems fit: (a) the fees, costs and expenses payable by the Housing Authority for engaging the selected tenderer; and (b) the details of the Proposal on Professional Staff and Capability and the Fee Proposal submitted by the selected tenderer. 17. Conflict of Interest 17.1 The extent of any conflict of interest or potential conflict of interest as anticipated by the tenderers shall be clearly stated in the tenders Save as provided in sub-clause 17.4 of this Clause, the Housing Authority shall not consider any tender for the supply of goods and/or provision of paid services submitted by a Housing Authority member (including the chairperson and any member of the Housing Authority, its committees, sub-committees, panels and ad hoc committees hereunder referred to as Member ) or by an organization in or with which a Member is working or is otherwise associated, to avoid conflict of interest (whether actual, potential or perceived) Save as provided in sub-clause 17.4 of this Clause, where a successful tenderer wishes to appoint a subcontractor for the supply of goods and/or provision of paid services to the Housing Authority under the Contract (as defined in the General Conditions of Contract), and the appointment of the subcontractor requires the approval of the Housing Authority, the Housing Authority shall not approve any such subcontractor who is a Member or which is an organization in or with which a Member is working or is otherwise associated Sub-clauses 17.2 and 17.3 above do not apply to an organization in or with which a Member is working or is otherwise associated, so long as the Member is not personally involved in the preparation of the tender for the Contract or the subcontract, or in the supply of goods and/or provision of paid services if the tender is successful.

7 Page A Member is personally involved in the preparation of a tender if he participates in advising, commenting, preparing or approving his organization s specific bid for the assignment concerned A Member is personally involved in the supply of goods or services to the Housing Authority if he advises or comments on, approves or participates in the execution of the assignment concerned. 18. Confidentiality 18.1 Tenderers shall keep all information provided by the Housing Authority under the tender strictly confidential and for internal use only; and 18.2 Tenderers shall not divulge or communicate to any third party without the prior consent of the Housing Authority any information provided by the Housing Authority. 19. Personal Data Provided 19.1 Personal data provided in the tender will be used for tender evaluation and contract award and administration purposes. If insufficient and inaccurate information is provided, the tender may not be considered Data subjects shall have the right of access and correction with respect to personal data as provided for in sections 18 and 22 of and Principle 6 of Schedule 1 to the Personal Data (Privacy) Ordinance. 20. Anti-collusion 20.1 By submitting a tender, a tenderer is regarded to have represented and warranted to the Housing Authority that in relation to the invitation to tender: (a) save with the prior written consent of the Housing Authority, it has not communicated and will not communicate to any person other than the Housing Authority the amount of any price submitted in its tender, (b) it has not fixed and will not fix the amount of any price submitted in its tender by arrangement with any person; (c) it has not made and will not make any arrangement with any person as to whether it or that other person will or will not submit a tender; and (d) it has not otherwise colluded and will not otherwise collude with any person in any manner whatsoever in the tendering process In the event that a tenderer is in breach of any of the representations and/or warranties in Clause 20.1 above, the Housing Authority shall be entitled to, without compensation to any person or liability on the part of the Housing Authority: (a) reject the Tenderer s tender;

8 Page 7 (b) if the Housing Authority has accepted the tender, withdraw its acceptance of the tender; and (c) if the Housing Authority has entered into the contract with the tenderer, terminate the contract By submitting a tender, a Tenderer is regarded to have undertaken to indemnify and keep indemnified the Housing Authority against all losses, damages, costs or expenses arising out of or in relation to any breach of any of the representations and/or warranties in Clause 20.1 above A breach by a Tenderer of any of the representations and/or warranties in Clause 20.1 above may prejudice its future standing as a contractor for the Housing Authority Clause 20.1 above shall have no application to the Tenderer s communications in strict confidence with his own insurers or brokers to obtain an insurance quotation for computation of prices quoted in its tender or with its professional advisers, consultants or sub-contractors to solicit their assistance in preparation of its tender The rights of the Housing Authority under Clause 20.2 to 20.4 above are in addition to and without prejudice to any other rights or remedies available to it against the Tenderer. 21. Soft copy of Tender Documents Tenderers who wish to obtain a soft copy of Part IV, V, VI and VII may the request to abby.ma@housingauthority.gov.hk and marked Tender for Appointment of Solicitors HOS 2016 and GSH.

9 Page 8 PART II GENERAL CONDITIONS OF CONTRACT 1. Interpretation 1.1 In these Conditions: (i) (ii) (iii) Contract means the Invitation To Tender, the Housing Authority s letter of invitation to tender, the Terms of Tender, the General Conditions of Contract, the Brief, the Proposal on Professional Staff and Capability, the Fee Proposal, the Tender Submission, the offer made by the Authority, the Memorandum of Acceptance and the Non- Disclosure Agreement. Firm means the tenderer who accepts the award of contract by the Housing Authority as hereinafter provided. Housing Authority means the Hong Kong Housing Authority. 1.2 The headings to these Conditions shall not affect the interpretation thereof. 2. Services 2.1 The services to be performed under this Contract shall be as laid down in the Brief in Part III and shall be carried out, as and when required, to the satisfaction of the Housing Authority. 2.2 The Firm shall not extend the services beyond the requirements specified in the Contract except as directed in writing by the Housing Authority. The Housing Authority may, at any time during subsistence of the Contract by notice in writing, direct the Firm to alter, amend, omit, add to, or otherwise vary any of the services, and the Firm shall carry out such variations, and be bound by the same conditions of Contract. 2.3 The Firm shall not be entitled to any payment for anything done which has not been authorized either by the Contract or by any agreed amendment or variation thereto, except at the discretion of the Housing Authority. 2.4 The Firm shall deploy team members as set out in the Proposal on Professional staff and Capability in Part IV for the duration of the Contract. Any change in the personnel shall be notified to and be approved by the Housing Authority. 2.5 The Firm shall consult and seek the approval of the Housing Authority before incurring any additional substantial legal costs or expenses on behalf of the Housing Authority.

10 Page 9 3. Assignment The Firm shall not, without the written consent of the Housing Authority, assign or otherwise transfer this Contract, or any part share or interest therein, and the performance of this Contract by the Firm shall be deemed to be personal to the Firm. 4. Default The Housing Authority reserves the right to revoke an appointment without notice if any material particulars in the tender are subsequently found to be inaccurate, or if there is any misconduct of the Firm in performance, or any failure by the Firm to carry out all or any of the services provided for in the Contract. The Firm shall be liable for damages or losses suffered by the Housing Authority for such revocation. 5. Recovery of Sums Due Whenever under this Contract any sum of money shall be recoverable from or payable by the Firm, the Housing Authority shall have the right to deduct the same from any sum then due or which at any time thereafter may become due to the Firm under this or any other contract with the Housing Authority. The exercise of such right by the Housing Authority shall not affect or prejudice the other rights of the Housing Authority under the Contract or otherwise. 6. Termination 6.1 This Contract may be terminated forthwith by the Housing Authority on giving notice in writing to the Firm if the Firm being a partnership shall be dissolved or in the process of dissolution or being an individual shall commit any act of bankruptcy or shall die or if the Firm shall cease business or if for any reason the Council of the Law Society has intervened in the practice of the Firm under the Legal Practitioners Ordinance (Cap.159). 6.2 This Contract may be terminated forthwith by the Housing Authority if it is discovered that any material particulars or information in the tender to be inaccurate or if there is any misconduct of the Firm or its staff in performance or any failure of the Firm to carry out all or any of the services provided for in the Contract, and if the Contract is determined by the Housing Authority, the Firm shall be liable for damages or losses suffered by the Housing Authority resulting therefrom or in respect thereof. 6.3 Without prejudice to any other right of the Housing Authority, this Contract may be terminated at any time by the Housing Authority by giving not less than 7 days notice in writing.

11 Page Corrupt Gifts Any partner or employee or agent of the Firm is forbidden from offering, soliciting and accepting advantages in relation to this tender and the Contract. If any partner or employee or agent of the Firm shall be found to have offered, solicited and accepted advantages in relation to this tender and the Contract or if the Firm or any employee or agent of the Firm shall be found to have committed an offence under the Prevention of Bribery Ordinance (Chapter 201) or any subsidiary legislation made thereunder or under any law of a similar nature in relation to the Contract or any other Government contract or Housing Authority contract, the Housing Authority may summarily terminate this Contract without entitling the Firm to any compensation therefor. 8. Copyright 9. Law The Firm shall assign to the Housing Authority the copyright of the materials, reports or any other documents prepared in relation to the Contract. The Firm shall ensure that no intellectual property rights of any third party have been or will be infringed and shall indemnify the Housing Authority against any claims for breach of intellectual property rights. The Contract shall be governed by and construed in accordance with the Laws of the Hong Kong Special Administrative Region and the parties hereby agree to submit themselves to the jurisdiction of the Courts of the Hong Kong Special Administrative Region. 10. Personal Data Provided Personal Data provided in relation to this Contract will be used only for the purpose of this Contract and data subjects shall have the right of access and correction with respect to personal data as provided for in Sections 18 and 22 and Principle 6 of Schedule 1 of the Personal Data (Privacy) Ordinance.

12 Page 11 PART III BRIEF 1. Information on Appointment 1.1 The Housing Authority wishes to appoint a total of 6 solicitors firms in handling conveyancing work in the sales exercises for the Home Ownership Scheme (HOS) Flats 2016 and the Green Form Subsidised Home Ownership Pilot Scheme (GSH) Flats. Tentatively, the HOS Flats 2016 will be launched for sale in February 2016 and the GSH flats will be launched in the second half of The time of the launch of the sales schemes and whether the sales schemes will actually be launched is subject to change. 1.2 The Housing Authority has tentatively proposed to put up a total of about 2,657 HOS flats in 2 developments and 857 GSH flats in 1 development at the following locations for sale under the HOS Flats 2016 and GSH Flats. Name and Address of Development HOS Development Ka Shun Court ( 嘉 順 苑 ), Hin Tin Street*, Sha Tin HOS Development Ping Yan Court ( 屏 欣 苑 ), No. of Approximate number of Block(s) flats available ,409 Kiu Cheong Road East*, Yuen Long GSH Development at San Po Kong 1 857** Total 3,514 *street number not available yet ** tentative figure All flats to be sold in the HOS Flats 2016 and GSH Flats are uncompleted. The 2 HOS developments are tentatively scheduled for completion in early 2018 and the GSH development is scheduled for completion in mid-2017 (subject to change). 1.3 Flats of the developments are grouped in 6 lots as set out in Appendix 4. One appointed solicitors firm will be in charge of conveyancing work for one lot of flats. The number of transactions to be handled by each solicitors firm will depend on the number of flats actually sold under the relevant lot. For those flats within the assigned lot (i) remaining unsold or (ii) if their agreements for sale and purchase are cancelled or rescinded, they will be launched for sale in future sale exercise(s) and in such event, the appointed solicitors firm may be instructed to handle these cases when they are subsequently sold. The Housing Authority may also appoint other solicitors firm to handle these cases when they are subsequently sold.

13 Page The Firm is required to access to the extranet of the Housing Authority using their own computers for (1) downloading the Daily Sales Return; (2) calculation of overdue interest; and (3) entering Date of completion and Date of deposit of cashier s order for completed cases. The following technical requirements are required from the Firm s computers:- Operating system: Microsoft Windows 7 or above; Internet browser : Microsoft Internet Explorer (IE) 8.0 or above; Adobe Acrobat Reader version 9.0 or above; Anti-virus software with periodic updates of latest virus definition files; Network connection to the Internet; Connection to printers (for reports printing); Display resolution at 800 x 600 pixels or above. The Firm is required to sign a Non-Disclosure Agreement in a form similar to Part IX. 1.5 The Firm shall comply with the IT security policy, guidelines and other information security requirements issued by the Housing Authority including, but not limited to, storage, transmission, processing, and destruction of information and data. Please go to the following links for information. Baseline IT Security Policy: 17_pub.pdf IT Security Guidelines: g3_pub.pdf 2. Arrangement to Appoint Solicitors The arrangement for the appointment of solicitors is as follows:- (i) (ii) (iii) (iv) All solicitors firms are eligible for submission of offer; Firms who are interested to submit their offer should return the Proposal on Professional Staff and Capability at Part IV and the Fee Proposal at Part V. Firms are also required to provide the Information Sheet on the Professional Staff and Capability in the form at Part VI and the Tender Submission in the form at Part VII (all in duplicate); Firms should reach the required standards on the professional staff and capability before they can be further considered for appointment; Any firm whose proposed fee is considered unreasonably low by reference to the criteria set out below will be excluded;

14 Page 13 (v) The Housing Authority will take into account the merits of the Proposal on Professional Staff and Capability and the Fee Proposal in considering the appointment. 3. Selection for Appointment 3.1 The general outline of the procedures of selection is set out at Appendix Professional Staff and Capability (i) Proposals on Professional Staff and Capability as completed by the Firms in Part IV will be rated and be given a total score. The full mark for the proposal is 100 points. Information on the scoring system is set out at Appendix 2(I); (ii) Firms which score zero mark on any of item (1), (2), (3), (4) and (15) of the proposal form will not be further considered; (iii) (iv) Firms which score zero mark under all items (9), (10), (11) and (12) of the proposal form will not be further considered; and Firms with the total scores less than 75 points will not be further considered. 3.3 Verification of Information Provided For those firms which reach the required standards on the professional staff and capability, the Housing Authority shall take such steps as it shall consider appropriate to verify the information provided in Part IV. In particular, in respect of any firm, if there is any discrepancy between the information provided in the Proposal on Professional Staff and Capability (Part IV) and the information in the Information Sheet (Part VI), the Housing Authority reserves the right to exclude the firm from consideration on account of such irregularity or any other inaccuracy in the information provided. 3.4 Fee Proposal (i) (ii) Each firm is required to fill in the flat rate of legal cost and the flat rate of disbursements respectively. The disbursements shall include postal, photocopying, travelling expenses, land search, and other searches and miscellaneous items as may be necessary, but shall exclude charges for certified copies of title deeds (if requested by the purchasers), registration fees and stamp duty. The total sum of the two items shall be considered as the fee proposal for the purpose of calculation of scores under this category. The following procedures shall apply in relation to the consideration of the fee proposals:- (a) For those firms which reach the required standards on the Professional Staff and Capability and not be excluded after

15 Page 14 verification of information provided in the Information Sheet, the envelopes of fee proposals will be opened and considered; (b) (c) These firms shall be ranked according to their fee proposals; Any firm being one of the 10% of the firms with the lowest fee proposals shall not be considered. (iii) (iv) An illustration of how firms are to be short-listed according to fee proposals is set out at Appendix 3. The fee proposals of these firms shall be given a score according to the formula as set out in Appendix 2(II). The full marks on the fee proposal are 100 points. 3.5 Score weighting The score weighting between Proposal on Professional Staff and Capability and Fee proposal is 70:30. The total scores will be calculated as follows:- Total Scores = (Professional Staff and Capability scores) x (Fee scores) x Selection (i) (ii) The short-listed firms will be ranked in the order of their total scores on both proposals; The average of the fee proposals of the top 6 ranking firms will be adopted as the standard rate. Such standard rate shall be the flat rate for each transaction and shall be inclusive of disbursements; (iii) The top 6 ranking firms will be considered for appointment. These firms will be notified of the appointment and be asked to confirm in writing in a form similar to the form at Part VIII that they will accept the standard rate; (iv) Those firms which do not accept the standard rate will not be further considered and the next highest scoring firm will be approached until a total of 6 firms have accepted the standard rate; (v) The 6 appointed firms will be invited for balloting. The appointed firms will, by balloting, be allocated the particular lot of flats which they will be in charge. 3.7 If any of the selected firms with fee proposal at or below the standard rate refuses to accept the appointment at the standard rate, the non-acceptance will be recorded and the Housing Authority may consider such action as appropriate. The decision of the Housing Authority may have bearing on the eligibility of the firm for future appointment.

16 Page General Responsibilities of the Firm 4.1 The Firm shall upon appointment be given the outline of procedures required for handling the transaction. The draft procedures for conveyancing of sale of the HOS Flats 2016 and the Green Form Subsidised Home Ownership Pilot Scheme Flats are set out at Appendix 5. The procedures are subject to future revisions and its annexes are not enclosed. Final procedures and annexes will be given to the Firm before flat selection. 4.2 The Firm will ensure that the transactions are completed in accordance with the prescribed procedures. It will be required to submit returns to specified officers of the Housing Authority and ensure that correct payments are credited into the accounts of the Housing Authority. Problems and delays in individual transactions must be identified and raised with specified officers early for instructions. 4.3 The Firm shall ensure that it has sufficient number of staff and resources to handle the completion of all the flats assigned to it on or before the last day of completion. The Firm is also advised to consider whether it can make special arrangement with banks for arrangement of the banking-in to meet the requirements of the Housing Authority. 4.4 Performance of the Firm shall be closely monitored. If the Firm repeatedly fails to comply with the required procedures, the Housing Authority may by notice terminate the appointment. Any unsatisfactory performance will be taken into account in assessment by the Housing Authority in future exercises for appointment of solicitors. The Housing Authority shall have the absolute discretion to exclude any Firm with unsatisfactory performance from tendering for the provision of services to the Housing Authority. 4.5 The Firm should act with due diligence, professionally and timeously. It should ensure that the conveyancing practices are in compliance of all ordinances regulations by-laws and the professional rules and guidelines. Special attention should be given to adopt the appropriate safeguards to prevent breaches of confidentiality in multiple-client interviews in project conveyancing as reminded by the Law Society of Hong Kong. 4.6 If the purchasers do not engage their own solicitors to act for them in their purchase, they will execute the assignment before the Firm. The Firm is reminded that it only acts for the Housing Authority and must not act as the purchasers' solicitors in the transaction. In this connection, the Firm s role is limited to interpreting the contents of the assignment to the purchasers and attest their execution. In such cases, the legal fees of the Housing Authority in the transaction shall be borne by the purchaser and not the Housing Authority. The Housing Authority shall only pay the legal fees of the Firm when the purchaser is separately represented. In all cases, the legal fees charged by the Firm shall be at the standard rate herein.

17 Page The Firm s attention is drawn to its duties towards an unrepresented party. Under certain circumstances, a solicitor for a party may assume a duty to explain the contents of the documents to be signed by an unrepresented party in the transaction fully and fairly. To avoid such a duty being found to exist, the Firm must inform the purchasers and act in accordance with the following:- (a) (b) (c) It only acts for the Housing Authority and does not act for the purchasers. Its role is limited to interpreting the contents of the assignment to the purchasers and attest their execution. The purchasers are reminded that they are free to instruct another firm of solicitors if they so wish or if they have any queries. 5. Additional Information 5.1 The Housing Authority intends to provide in the sales brochure information on the relationship between the Firm and the building contractor for the estates with flats to be sold in terms as required under Section 19(2)(c) and Schedule 1 Part 1 Section 3 of the Residential Properties (First-hand Sales) Ordinance. The information of the building contractors will be provided to the selected firms upon appointment. 5.2 The Firm is required upon appointment to provide the Housing Authority with the information mentioned in paragraph 5.1 above on the relationship between the Firm and the building contractors.

18 Page 17 PART IV PROPOSAL ON PROFESSIONAL STAFF AND CAPABILITY From : (Name of Firm) Address : Contact Person(s) : Telephone No. : Appointment of Solicitors for Sale of Home Ownership Scheme Flats 2016 and Green Form Subsidised Home Ownership Pilot Scheme Flats Proposal on Professional Staff and Capability with description of experience in new housing projects# for developments in Hong Kong I. Project Team + + Please note it is expected that the person(s) named will be the person(s) who will actually be involved in the work. The information given will be compared against the actual handling of the conveyancing work and be taken into account in future appointment exercise. To be filled in by firm To be used by HD (1) (i) Number of solicitors (including partners) in the team (ii) Name of solicitor/partner in charge (Please insert one name only)

19 Page 18 (2) (i) Number of conveyancing clerks in the team (ii) Name of conveyancing clerk in charge (Please insert one name only) (3) Experience of solicitor/partner in charge in conveyancing (number of years*) (4) Experience of clerk in charge in conveyancing (number of years*) (5) Number of solicitors (excluding the solicitor/partner in charge mentioned in (1) above) with at least 5 years experience* in conveyancing (6) Number of conveyancing clerks (excluding the clerk in charge mentioned in (2) above) with at least 5 years experience* in conveyancing (7) Average years of experience* of solicitors (including the solicitor/partner in charge) in the team in conveyancing (8) Average years of experience* of clerks (including the clerk in charge) in the team in conveyancing * Only a full year will be counted. For experience of solicitor, only post-qualification experience will be counted II. Firm s/solicitors experience in handling conveyancing for new housing projects# for developments in Hong Kong. # A new housing project is a housing project for development in Hong Kong which involves at least 100 assignments of residential flats from the developer to individual purchasers with such assignments being executed within a period of 6 months. Experience in handling conveyancing for sale of flats for each phase of the Surplus Home Ownership Scheme (HOS) Phases 1 to 7 (whether the batch of flats assigned to the firm comprises unsold flats or returned flats in one or more development(s)) will be counted as one new project. Experience of handling sale of flats under Special Sales Exercise and Tin Lee Court and experience of handling sale of returned flats of various developments for the Housing Authority prior to the Surplus HOS Phase 1 will not be counted.

20 Page 19 Firm s Experience (9) Number of new housing projects# handled by the firm within the last 10 years where in each project the firm acted for the developer in the conveyancing work for the sale of residential flats (10) Number of new housing projects# (excluding projects counted under (9) above) handled by the firm within the last 10 years where in each project the firm handled at least 100 assignments of residential flats for individual purchasers with such assignments executed within a period of 6 months or above or above If the firm has acted for both the developer and individual purchasers for handling assignments of a new housing project or, if the firm has handled conveyancing work in the sale of flats under the housing schemes of the Housing Authority, the firm may fill such project in either item (9) or (10). Same project cannot be filled in both item (9) and (10). Solicitors experience in previous firm (To be filled where applicable) (11) Number of solicitor(s) in (1)(i) above who had handled at least one new housing project# within the last 10 years in firm(s) which the solicitor(s) previously worked, where in such project the solicitor(s) acted for the developer in the conveyancing work for the sale of residential flats or handled conveyancing work in the sale of flats under the housing schemes of the Housing Authority or handled at least 100 assignments of residential flats for individual purchasers with assignments executed within a period of 6 months. (12) Number of solicitor(s) in (1)(i) above (excluding solicitors counted in (11) above) who had handled at least two new housing projects# within the last 10 years in firm(s) which the solicitor(s) previously worked where in each project the solicitor(s) acted for the developer in the conveyancing work for the sale of residential flats or handled conveyancing work in the sale of flats under the housing schemes of the Housing Authority or handled at least 100 assignments of residential flats for individual purchasers with assignments executed within a period of 6 months.

21 Page 20 Solicitors /Clerks experience in present firm (13) Number of solicitor(s) in (1)(i) above who had handled any of the new housing projects# referred to in (9) or (10) above (14) Number of clerk(s) in (2)(i) above who had handled any of the new housing projects# referred to in (9) or (10) above III. Firm s capacity (15) Number of assignment which the firm can handle per day (Signed by the Firm) (Date)

22 Page 21 PART V FEE PROPOSAL From : (Name of Firm) Address : Contact Person(s) : Telephone No. : Appointment of Solicitors for Sale of Home Ownership Scheme Flats 2016 and Green Form Subsidised Home Ownership Pilot Scheme Flats Fee Proposal Rate of Charges To be filled in by firm To be used by HD (1) Flat rate legal cost per unit irrespective of the actual price of each unit (2) Flat rate disbursements per unit irrespective of the actual price of each unit and actual disbursements that may be incurred (3) Flat rate per unit inclusive of disbursements i.e. (1) + (2) (Signed by the Firm) (Date)

23 Page 22 PART VI INFORMATION SHEET ON PROFESSIONAL STAFF AND CAPABILITY Appointment of Solicitors for Sale of Home Ownership Scheme Flats 2016 and Green Form Subsidised Home Ownership Pilot Scheme Flats Name of Firm : ( ) Part A Information on Project Team Name Experience (Full year(s)) Solicitor/Partner-incharge Other Solicitors Clerk-in-charge Other clerks

24 Page 23 Part B Firm s Project Experience For verification of information filled in Part II Item (9), Item (13) and Item (14) of Proposal on Professional Staff and Capability: (1) List of new housing projects Note 1 handled by the firm within the last 10 years prior to the submission of the proposal where in each project the firm handled at least 100 assignments for the developer in the conveyancing work for the sale of residential flats or handled conveyancing work in the sale of flats under the housing schemes of the Housing Authority with such assignments executed within a period of 6 months. Name of project Number of assignments handled Period during which the assignments were executed {Must be within a period of 6 months} Note 2 Name of project team members as filled in Part I of Proposal on Professional Staff and Capability who handled the assignments Period / to / Period / to / Period / to / Period / to /

25 Page 24 For verification of information filled in Part II Item (10), Item (13) and Item (14) of Proposal on Professional Staff and Capability: (2) List of new housing projects Note 1 (excluding those listed under Part B item (1) above) handled by the firm within the last 10 years prior to the submission of the proposal where in each project the firm handled at least 100 assignments of residential flats for individual purchasers or handled conveyancing work in the sale of flats under the housing schemes of the Housing Authority with such assignments executed within a period of 6 months. Name of project Number of assignments handled Period during which the assignments were executed {Must be within a period of 6 months} Note 2 Name of project team members as filled in Part I of Proposal on Professional Staff and Capability who handled the assignments Period / to / Period / to / Period / to / Period / to /

26 Page 25 To be completed ONLY if Part II Item (11) or (12) of Proposal on Professional Staff and Capability has been filled in Please do NOT include projects set out in Part B (1) and (2) above Solicitors Project Experience in Previous Firm(s) (3) List of new housing projects Note 1 handled by the solicitor(s) within the last 10 years prior to the submission of the proposal in firm(s) which the solicitor(s) previously worked where in each project the solicitor(s) acted for the developer in the conveyancing work for the sale of residential flats or handled conveyancing work in the sale of flats under the housing schemes of the Housing Authority or handled at least 100 assignments of residential flats for individual purchasers with such assignments executed within a period of 6 months. Name of Solicitor Name of Project Name of Previous Firm Number of assignments handled Period during which the assignments were executed {Must be within a period of 6 months} Note 2 Period / to / Period / to / Period / to / Period / to / Period / to / Period / to / Note 1 A new housing project is a housing project for development in Hong Kong which involves at least 100 assignments of residential flats from the developer to individual purchasers with such assignments being executed within a period of 6 months. Experience in handling conveyancing for sale of flats for each phase of the Surplus Home Ownership Scheme (HOS) Phases 1 to 7 (whether the batch of flats assigned to the firm comprises unsold flats or returned flats in one or more development(s)) will be counted as one new project. Experience of handling sale of flats under Special Sales Exercise and Tin Lee Court and experience of handling sale of returned flats of various developments for the Housing Authority prior to the Surplus HOS Phase 1 will not be counted.

27 Page 26 Note 2 The period shall be a period of not more than 6 months. Please insert from [Month/Year] to [Month/Year]. If the period is not so specified or the period specified is more than 6 months, the relevant project may be excluded from consideration. Important Note: For the purpose of verification of the information in the Proposal on Professional Staff and Capability, any information provided herein which does not satisfy the requirement as listed will be excluded from consideration. (Signed by the Firm) (Date)

28 Page 27 PART VII TENDER SUBMISSION Appointment of Solicitors for Sale of Home Ownership Scheme Flats 2016 and Green Form Subsidised Home Ownership Pilot Scheme Flats 1. The firm hereunder mentioned, hereby agrees to carry out the service which may be required by the Housing Authority upon the appointment by the Housing Authority in accordance with Part III of this tender. 2. I am the sole proprietor/a partner in the firm hereinafter mentioned and duly authorized to submit this tender on behalf of the firm and confirm on behalf of the firm compliance with anti-collusion clauses in this tender. 3. This tender is submitted on behalf of the firm known as of 4. In the event of any queries relating to this tender submission please contact Tel No. Fax No. Signature: (Name in Block Letter) [Firm s Name] Note: (i) All the particulars required above must be completed. (ii) Strike out clearly alternatives which are not applicable.

29 Page 28 PART VIII MEMORANDUM OF ACCEPTANCE To : The Hong Kong Housing Authority Attn : Assistant Director/Legal Service Appointment of Solicitors for Sale of Home Ownership Scheme Flats 2016 and Green Form Subsidised Home Ownership Pilot Scheme Flats We refer to your letter of appointment dated [ ] and confirm our agreement to undertake conveyancing work at the fee rate and upon the conditions set out in your letter. We confirm up to date our firm still satisfies the required minimum standards on the Professional Staff and Capability, i.e. our firm does not score zero mark on any item (1), (2), (3), (4) and (15) under the scoring system for the Professional Staff and Capability at Appendix 3 (I) of the tender documents. We confirm that there is no conflict of interest in accepting the appointment and we understand we are under a continuing obligation to avoid conflict of interest. ( ) Date: Name of Solicitor Firm

30 Page 29 PART IX NON-DISCLOSURE AGREEMENT To: Hong Kong Housing Authority Appointment of Solicitors for Sale of Home Ownership Scheme Flats 2016 and Green Form Subsidised Home Ownership Pilot Scheme Flats 1 We shall treat as proprietary and confidential all information, drawings, specifications, documents, contracts, design materials and all other data (including without limitation any personal particulars records and Personal Data (as defined in the Personal Data (Privacy) Ordinance (Cap. 486)) and materials of any nature (in or on whatever media)) which the Hong Kong Housing Authority has for the purposes of or in the course of performing as the appointed solicitors of the Housing Authority for the Sale of New Home Ownership Scheme Flats (hereinafter called the Service ) supplied made available or communicated to our Firm or which is otherwise accessible to our Firm in the course of our performance of this Service provided that this Non-disclosure Agreement shall not extend to any information which was rightfully in the possession of our Firm prior to the tender leading to this Service or which is already in the public knowledge or becomes so at a future date (otherwise than as a result of a breach of this Non-disclosure Agreement). 2. We shall indemnify and keep the Hong Kong Housing Authority its employees and authorised persons fully and effectively indemnified against all action, damages, costs, claims, demands, expenses (including without limitation the fees and disbursements of lawyers, agents and expert witnesses) and any awards and costs which may be agreed to be paid in settlement of any proceedings and liabilities of whatsoever nature arising from or incurred by reason of any actions and/or claims made in respect of information subject to the Personal Data (Privacy) Ordinance (Cap. 486) which action and/or claim would not have arisen but for the negligence or omission of our Firm, any of our employees, sub-contractors, consultants, or agents (or any one acting on our behalf) in connection with the provision or receipt of the services provided under this Service. 3. We hereby agree that we will use such confidential information solely for the purposes of this Service and that it will not, at any time before during or after the completion, expiry or termination of this Service (howsoever occasioned): (a) disclose or divulge the same or allow the same to be disclosed or divulged whether directly or indirectly, to any third party; or (b) use or allow to be used the same for any other purposes without the Hong Kong Housing Authority s prior written consent and shall use our best endeavours to prevent any such disclosure thereof. 4. We undertake to take all such security measures for the protection of the information, documentation and materials which we are obliged by this Non-disclosure Agreement to keep secret and treat as