The Government of the Hong Kong Special Administrative Region

Home > Topical Issues > Tender for the Automated Vehicle Clearance (AVC) System at New Control Point (Tender Ref: PT/0273/2006) > Tender Ref.: PT/0273/2006 - Questions and Answers 9

Topical Issues

Tender Ref.: PT/0273/2006 - Questions and Answers 9

Tender for the Design, Supply, Delivery, Installation, Commissioning, Maintenance of the Hardware, Software and Related Services for the Implementation of the Automated Vehicle Clearance (AVC) System at New Control Point for the Immigration Department

Answers to Questions

All the information including this written response are for reference only and shall not be relied upon by the tenderers when deciding to submit their bids and/or to enter into any agreement with the Government.The Contract with the Government shall be on the terms and conditions set out in the Contract that constitutes the entire agreement between the parties to the Contract.

No.

Part

Section

Questions and Answers (Exact texts of original questions received are quoted)

01/09

In Clause 10 'Intellectual Property Rights', there is no mention of "All Intellectual Property Rights in the Design Items and in any corrected, improved, enhanced, modified versions and new releases in all items as specified in clause 10.1 made pursuant to this Contract by the Contractor and/or in the course of providing Maintenance Services under this Contract shall belong to the Government immediately upon creation".

Please clarify and confirm that the ownership and legal title of those Intellectual Property Rights shall belong to the original developer/inventor not the Hong Kong Government. Please also clarify what is meant by 'shall be vested in the Government'.

Answer:

For details on the intellectual property rights ownership and legal title, please refer to the Clauses 10.1, 10.2 and 10.3 of Part IV of the tender.

02/09

VII Annex C

In Annex C 'Description of Major Existing E-Channel equipment', a bill of materials and components which set forth the name of manufacturers, brands and model numbers of equipment are disclosed.

Please confirm that there are no proprietary rights and trade secrets associated with it, and tenderer's taking reference or using the information will not infringe any third party's proprietary rights.

Answer:

As stipulated in Clause 9.1.1 of Part VII, "Tenderers shall propose comprehensive hardware and system configurations to meet the requirements specified in Sections 4 to 13 ..." and in Clause 9.1.2 of Part VII, "The proposed hardware items shall have specifications better than or equivalent to that of the existing hardware items as specified in Annex C ...". Please note that the hardware specification is only for tenderer's reference.