CODE OF AID FOR PRIMARY SCHOOLS
Appendix 18
CODE OF AID FOR PRIMARY SCHOOLS
Department (ArchSD). The technical proposal and fee proposal are to be kept distinctly separated. Any opening of fee proposals prior to the Education Bureau/ArchSD examination of the technical marking will immediately invalidate the tender or disqualify the tender from subvention. The recommended technical and fee proposals should not be accepted until written approval is given by the Permanent Secretary. The Applicant should also submit tender documents for various pre-tender works like site investigation for approval before commissioning the contracts.
8. The Applicant should only proceed into the post-contract stage upon the written notification of the Finance Committee’s funding approval. Prior to issue of tender for construction work, the Applicant should forward a list of proposed tenderers together with the draft tender documents for the ArchSD’s comment and the Education Bureau’s approval.
9. For post-contract works, a minimum of ten tenderers should be invited to tender. The Applicant should require the tenderers to deposit their tenders into the Public Works Tender Board’s (PWTB) Tender Box. In this regard, the Applicant should give advance notice to the Secretary of the PWTB of the works and the tender closing date. The tender closing date and time must be set at noon on a Friday not being a public holiday. Upon receipt of tenders, the Applicant will be informed by PWTB for collection of tenders.
10. The Applicant should submit the tender recommendation to the Education Bureau for approval. It should be noted that without exceptionally valid justifications, the Applicant is required to accept the lowest complying tenders. The Applicant must not accept any tender unless there is prior approval from the Permanent Secretary. The school shall be liable for all the consequences of accepting tenders in excess of the approved project estimates without prior approval from the Education Bureau.
11. Any financial commitment accepted without the prior approval of the Permanent Secretary shall be the sole responsibility of the sponsor. After the Permanent Secretary has given approval for the recommended tender, the Applicant may arrange for the signing of the contract and the commencement of construction work in accordance with the terms of the contract. A copy of the signed contract should be submitted to the Permanent Secretary for record.
12. When a project is not fully financed through the capital subvention, the school should use up its agreed contribution or any other payment arrangement as referred to in the Letter of Approval (excluding contribution to provide furniture and equipment, if applicable) before requesting payment of the subvention. If the total tender price is higher than the estimated construction cost of the school as referred to in the Letter of Approval, the school should also absorb the difference according to the payment arrangement as stated in the Letter of Approval.
13. Where the new building or extension is to be erected on private land, the trustees or legal representatives of the sponsor must execute under seal and register by Memorial in the Lands Department a Deed of Covenant which shall contain such provisions as the Permanent Secretary may require, and shall in particular provide the following : -
(a) That the premises will be used solely for approved educational purposes or other purposes approved by the Permanent Secretary.
(b) That the school will be managed in accordance with the Education Ordinance and its subsidiary legislation and the Code of Aid for Primary Schools.
CODE OF AID FOR PRIMARY SCHOOLS
(c) That if the sponsor should at any time desire to be released from the foregoing obligations, or if for any reason the school ceases to be accepted by the Permanent Secretary as an aided school, the sponsor may be required to repay the whole amount of grant to the Government or an equitable proportion of such grant as assessed by the Government.
(d) That in the event of any breach or non-performance of any of the terms, covenants and conditions contained in the Deed of Covenant, it shall be lawful for the Government to re-enter upon the lot and the school without the payment of any compensation whatsoever.
14. Payment of capital subvention to a school is subject to the conditions stated in the Letter of Approval issued by the Permanent Secretary to the school receiving the subvention. Interim payment of building grant may be requested after the agreed contribution of the school towards the building cost has been fully expended. Requests for payment by the Applicant must be supported by properly receipted bills and where an architect is employed, by the architect's certificate to the effect that the work for which payment is claimed, has been satisfactorily completed. Where circumstances justify e.g. the original receipts, invoices or certificates submitted are found not acceptable, the Permanent Secretary could cease to make payment of subvention to the school and the school shall repay partly or fully the subvention received if required by the Permanent Secretary.
15. The final submission of original invoices and receipts for works should be made to the Permanent Secretary within the Period of Final Measurement as stated in the building contract (usually 12 months from the date of practical completion of the project). Under normal circumstances, the account of the project should be closed as soon as possible and in any event within three years from the handover of the completed school building.
16. Current consultancy guidelines mandate Bills of Quantities. It should also be noted that all materials and workmanship for any works must be in accordance with the latest edition of the
"General Specification for Buildings" published by the ArchSD.
17. For projects of $30 million and below please refer to Appendix 17. (updated on 1 September 2016)
The above serves the purpose of a general guide which will be revised from time to time in accordance with the prevailing policy and practice.
CODE OF AID FOR PRIMARY SCHOOLS
Appendix 19