What Changed
- Mandatory minimum 25 per cent technical mark allocation for wages in non-skilled worker tender marking schemes.
- Mandatory Labour Department-registered Safety Officer certification for Heat Stroke Prevention Work Plans in high-risk environments.
- Zero cases of non-compliance with Heat Stroke Prevention Work Plans recorded by the four major departments in the past three years up to August 2026.
Background
On October 7, 2026, the Hong Kong Special Administrative Region (Hong Kong SAR) Government provided a detailed written reply in the Legislative Council regarding outsourced service contracts for non-skilled workers. The response was delivered by Acting Secretary for Financial Services and the Treasury, Mr Joseph Chan, following consultation with the four major procuring departments: the Food and Environmental Hygiene Department (FEHD), the Leisure and Cultural Services Department (LCSD), the Housing Department (HD), and the Government Property Agency (GPA). The inquiry, raised by the Hon Chau Siu-chung under Legislative Council Question 5 (LCQ5), addressed contract enforcement measures, tender evaluation weightings, and occupational safety rules—specifically heat stroke prevention—governing outsourced services such as cleansing, security, and general municipal support.
What the Rules Require
Under the existing procurement framework of the Hong Kong SAR Government, specific policy mandates govern the tendering, technical scoring, and health protection standards for outsourced service contracts involving non-skilled workers:
1. Tender Assessment and Marking Schemes:
Procuring departments must incorporate "wages" and "working hours" as technical assessment criteria in tender marking schemes for non-skilled worker contracts. Current policy mandates that the marks allocated to "wages" must comprise no less than 25 per cent of the total technical marks. No statutory restriction or percentage floor is set for "working hours." Departments determine specific weightings and criteria based on contract characteristics, aiming to strike a balance between safeguarding workers' rights and ensuring the prudent use of public funds.
2. Heat Stroke Prevention Work Plans:
To protect non-skilled workers from occupational heat stress, tenderers bidding for contracts that require duties outdoors, in non-air-conditioned indoor environments, or near high-temperature installations must submit a Heat Stroke Prevention Work Plan (Work Plan). The submitted plan must be certified by a Safety Officer registered with the Labour Department (LD). Bids submitted without a certified Work Plan are excluded from tender evaluation.
Tender documents specify mandatory baseline proposals for the Work Plan, requiring reference to the Guidance Notes on Prevention of Heat Stroke at Work issued by the Labour Department. Contractors are required to perform heat stress risk assessments and implement corresponding preventive measures and work-rest schedules based on assessment findings.
3. Compliance and Contract Enforcement:
Contractors failing to implement the measures committed to in their certified Work Plan face penalties, including the issuance of demerit points under the Demerit Point System. Procuring departments also apply administrative and contractual remedies—including verbal warnings, written warnings, default notices, service payment deductions, and contract terminations—for failure to comply with general contract provisions across cleansing, security, and other service sectors.
Practical Implications
For commercial contractors and service providers seeking or operating government outsourced contracts in Hong Kong SAR, strict adherence to labor evaluation criteria and health safety planning is necessary:
- Tender Eligibility: Service providers must ensure that technical proposals meet the minimum 25 per cent weighting requirement for wage rates and incorporate a certified Heat Stroke Prevention Work Plan signed by a registered Safety Officer. Omission of the plan results in direct disqualification.
- Operational Adherence: Operating contractors must execute all risk assessment and work-rest commitments contained in their Work Plans. In the three years leading up to August 2026, the four major procuring departments reported zero cases of non-compliance with submitted Work Plans, indicating active regulatory oversight.
- Performance Monitoring: Non-compliance with contractual provisions across security, cleansing, and other service domains triggers escalation steps ranging from formal warnings and default notices to financial payment deductions or contract cancellation.
Frequently Asked Questions
Q1: What are the mandatory tender requirements regarding heat stroke prevention for outsourced non-skilled worker contracts?
A1: Tenderers for contracts involving outdoor duties, non-air-conditioned indoor settings, or work near high-temperature installations must submit a Heat Stroke Prevention Work Plan certified by a Labour Department-registered Safety Officer, referencing the Labour Department's Guidance Notes. Tenders lacking this certified plan are not evaluated.
Q2: What is the required weighting for wage rates in technical tender assessments?
A2: Under government procurement policy, procuring departments must include "wages" in tender marking schemes for non-skilled worker contracts, allocating at least 25 per cent of total technical marks to this criterion.
Q3: Were any contractors penalized for failing to implement Heat Stroke Prevention Work Plans between 2023 and August 2026?
A3: No. The four major procuring departments reported no instances of non-compliance with submitted Heat Stroke Prevention Work Plans during the three-year period up to August 2026.
Q4: What penalties can be imposed on contractors who break their committed heat stroke prevention measures?
A4: Contractors failing to implement committed heat stroke prevention measures can be issued demerit points under the Demerit Point System, alongside general contractual remedies such as payment deductions or contract termination.
Who May Be Affected
Government service contractors, non-skilled outsourced workers, and public procuring departments (FEHD, LCSD, HD, GPA) in Hong Kong SAR.
Cross-Border Context
Applies to entities bidding for or operating public outsourced service contracts within Hong Kong SAR.
What to check next
- Inspect Annex 1 and Annex 2 attached to the official press release for specific departmental enforcement statistics and technical-to-price tender weighting percentages.
This article provides general information and does not constitute legal advice. Consult the official text and obtain advice appropriate to your circumstances where needed.