CP 3 vol 1 EN final

Final Tender Documents for Ho Chi Minh City Urban Railway Construction Project Ben Thanh - Suoi Tien Section Line 1 CONTRACT PACKAGE-3: E & M, ROLLING STOCK, TRACKWORK, MAINTENANCE

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Final

Tender Documents

for

Ho Chi Minh City Urban Railway Construction Project

Ben Thanh - Suoi Tien Section (Line 1)

January 2010

Management Authority for Urban Railways

Ho Chi Minh City People’s Committee

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Final

for

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Final

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CONTRACT PACKAGE-3:

E & M, ROLLING STOCK, TRACKWORK, MAINTENANCE

NOTICE OF INVITATION TO TENDER

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Ho Chi Minh City Urban Railway Construction Project Notice of Invitation to Tender Ben Thanh - Suoi Tien Section (Line 1) Package-3: E&M, Rolling Stock, Trackwork, Maintenance

HO CHI MINH CITY PEOPLE’S COMMITTEE

MANAGEMENT AUTHORITY FOR URBAN RAILWAYS

Add: 29 Le Quy Don Street, Ward 7, District 3

Ho Chi Minh City, Viet Nam Tel: (84-8) 839 309 496; Fax: (84-8) 839 309 497

BEN THANH - SUOI TIEN SECTION (LINE 1)

CONTRACT PACKAGE 3 E&M, ROLLING STOCK, TRACKWORK, MAINTENANCE

BETWEEN CHAINAGE 0 Km – 150m and LONG BINH DEPOT NOTICE OF INVITATION TO TENDER

Date: January 12, 2010 Loan No VNXIV-3 Contract Package 3

1 The Government of the Socialist Republic of Viet Nam has received an ODA Loan from the JAPAN BANK FOR INTERNATIONAL COOPERATION (The BANK), currently reorganized as the JAPAN INTERNATIONAL COOPERATION AGENCY (JICA), towards the cost of the Ho Chi Minh City Urban Railway Construction Project, Ben Thanh - Suoi Tien Section (Line 1) (the Project”), under the Loan Agreement No VNXIV-3 dated March 30, 2007, and intends to apply the proceeds of the loan to payments under the Contract for which this Notice of Invitation to Tender is issued Disbursement of the ODA Loan by JICA will be subject in all respects to the terms and conditions of the Loan Agreement, including the disbursement procedures and the

"Guidelines for Procurement under JICA ODA Loans” No party other than the Government of the Socialist Republic of Viet Nam shall derive any rights from the Loan Agreement or have any right to the loan proceeds

2 JICA requires that bidders and contractors, as well as Borrowers, under contracts funded with ODA Loans of JICA and other Japanese ODA, observe the highest standard of ethics during the procurement and execution of such contracts In pursuance of this policy, JICA;

(a) will reject a proposal for award if it determines that the bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question;

(b) will recognize a Contractor as ineligible, for a period determined by JICA, to be awarded a contract funded with ODA Loans of JICA if it at any times determines that the Contractor has engaged in corrupt or fraudulent practices in competing for, or in executing, another contract funded with ODA Loans of JICA or other Japanese ODA

3 The Management Authority for Urban Railways (MAUR, the Employer) under the Ho Chi Minh City’s People Committee invites sealed tenders from prequalified eligible tenderers for the

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construction and completion of the following works for Contract Package 3: E&M, Rolling Stock, Trackwork, Maintenance: Railway Systems procurement contract including Railway E&M Systems for the entire Project, including Signalling System, Train Control System, Traction and Auxiliary Power Supply System and Substations, Telecommunications Systems and Operation Control Centre facilities, Track work, Depot Workshop and Equipment and Fare Collection System, etc., as well as the procurement of Rolling Stock and maintenance works of the systems for 5 years including supply of spare parts, repair work, maintenance work and training for technical transfer

4 Complete sets of Tender Documents for Contract Package 3 and, optionally, those for Contract Package 1: Civil (Underground) and Contract Package 2: Civil (Elevated) will be made available

to interested prequalified eligible tenderers if they submit a written application indicating the number of copies of each Contract Package to the following address, not later than January 20, 2010:

Mr Tatsuya Masuzawa, Project Director (Management)

Office of General Consultant

35/11 D5 Street

Ward 25, Binh Thanh District

Ho Chi Minh City, Vietnam

Finance and Accounting Department of MAUR

29 Le Quy Don street, Ward 7, District 3

Ho Chi Minh City

Attn: Mr Thinh or Mr Thanh

Tel.: (84.8) 3930 9496

Fax: (84.8) 3930 9497

6 Tenders shall be submitted to the Project Director (Management), General Consultant at the address indicated above not later than 14:00 hr on July 23, 2010 against a receipt of submission Tenders will be opened publicly at 14:05hr on July 23, 2010 in the office of the General Consultant, regardless of the presence or absence of any invited tenderer

Please carefully note the requirements for submitting tenders, and the date and time for submittal Late or delayed tenders will not be accepted

7 Tenders shall be valid for a period of 270 days from the closing date of submission of tenders, and shall be accompanied by a Tender Guarantee in the form of a certified cheque, letter of credit, or a bank guarantee from a Japanese or Vietnamese bank of the Tenderer’s choice for an amount of Seven Hundred and Sixty Million (760,000,000) Japanese Yen as described in paragraph C20 of the Instructions to Tenderers Bond issued by a reputable bonding, insurance

or surety company as a form of Tender Guarantee is also acceptable

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8 You are kindly requested to acknowledge receipt of this Notice of Invitation to Tender by e-mail

or fax to the address indicated in paragraph 4 above

On behalf of Management Authority for Urban Railways,

Tender Inviting Party

Tatsuya Masuzawa

Project Director (Management)

NJPT Association, General Consultant

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Final

for

CONTRACT PACKAGE-3:

E & M, ROLLING STOCK, TRACKWORK, MAINTENANCE

VOLUME 1

INSTRUCTIONS TO TENDERERS

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Ho Chi Minh City Urban Railway Construction Project Instructions to Tenderers Ben Thanh - Suoi Tien Section (Line 1) Package-3: E&M, Rolling Stock, Trackwork, Maintenance

A4 Eligible Source Countries for Materials, Plant, Supplies, Equipment, and Services 6

A5 Source Countries for Telecommunications and Signal Systems 6

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C9. Tender Programme and Proposed Design and Certification Programme 14

C10 Manufacture, Installation and Construction Methods 15

C16. Proposals for Use and Reinstatement of Work Areas 16

D4 Modification, Substitution and Withdrawal of Tenders 23

E2. Confidentiality of Tender Information and Copyright 24

E4 Examination of Tenders and Determination of Responsiveness 24

E5 Examination of Tenders and Correction of Errors and Differences 25

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Ho Chi Minh City Urban Railway Construction Project Instructions to Tenderers

Ben Thanh - Suoi Tien Section (Line 1) Package-3: E&M, Rolling Stock, Trackwork, Maintenance

F2 Notification of Tender Winning and Contract Negotiation 26

F3 Notification of Contract Award and Signing of Contract Agreement 26

F4 Employer's Right to Accept any Tender and to Reject any or all Tenders 27

ANNEXURES

Annexure 6 Vietnamese Procedures for Approval and Certification of Project Ann6/1

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A General

A1 General Description of the Work

The work comprises the design, manufacture/erection, equipping, testing, commissioning (including Integrated Testing and Commissioning) for the Railway Systems contract including Railway E&M Systems for the entire Project, including Signalling System, Train Control System, Traction and Auxiliary Power Supply System and Substations, Telecommunication System and Operation Control Centre facilities, Trackwork, Depot and Workshop Equipment and Fare Collection System, etc., as well as the procurement of Rolling Stock

These systems shall be installed in the Underground section, Contract Package1, from chainage Km0–150.00 m, a short distance from Ben Thanh Station (inclusive) to the Contract Limit at Km 2+360.00 in Ba Son Shipyard on the south shore of Thi Nghe Canal; and from this Contract Limit to Suoi Tien Terminal Station (inclusive) and Depot, Contract Package 2 The tender for this Contract shall be carried out based on the Employer’s Requirements and shall

be tendered on a EPC basis

The period for completion and commissioning of the of the whole system shall not exceed 56 months (244 weeks), then shall follow the five (5) year Maintenance Period

A1.1 The Contractor shall be responsible for further development of the maintenance works of the

systems for 5 years including supply of spare parts, repair work, maintenance work and training for skills transfer, environmental and safe control systems The Tenderer is also required to provide proposals for an “aftercare” service as described in Annexure 1 to these Instructions

A1.2 The commencement date of the revenue service of this line is scheduled to be 56 months

(244 weeks) after the Commencement Date for the Contract Package 3 The Contractor shall

be required to carry out the complete design, installation, testing and commissioning of E&M, Rolling Stock, Trackwork, Depot and Workshop Equipment and Infrastructure Maintenance Vehicles for the entire Project except for the building systems and the Lifts and Escalators, Environmental Control Services and Tunnel Ventilation installed in the tunnels, stations, on the elevated structures, and in the depot

A1.3 The Contractor shall also provide for the electrical supply and interfacing control in his design

He will lead the co-ordination with the other contractors who have to execute these items

A1.4 The Tenderer shall note that the horizontal alignment in the Employer’s Drawings is fixed,

together with the location of the station boxes and ground level structures The dimensions of specific elements and details such as, room layouts and all other dimensions shown on the Employer’s Drawings are indicative only and shall be determined by the Contractor and, where relevant co-ordinated with Interfacing Contractors

A1.5 The Scope of Work for this Contract is further described in the Employer’s Requirements

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A2 Source of Funds

A2.1 The Government of the Socialist Republic of Viet Nam has received an ODA Loan from the

JAPAN BANK FOR INTERNATIONAL COOPERATION (JICA), currently reorganized as the JAPAN INTERNATIONAL COOPERATION AGENCY (JICA), towards the cost of the Ho Chi Minh City Urban Railway Construction Project, Ben Thanh - Suoi Tien Section (Line 1) (the Project”), under the Loan Agreement No VNXIV-3 dated March 30, 2007, and intends to apply the proceeds of the loan to payments under this Contract Disbursement of the ODA Loan by JICA will be subject in all respects to the terms and conditions of the Loan Agreement, including the disbursement procedures and the "Guidelines for Procurement under JICA ODA Loans” No party other than the Government of the Socialist Republic of Viet Nam shall derive any rights from the Loan Agreement or have any right to the loan proceeds A2.2 JICA requires that bidders and contractors, as well as Borrowers, under contracts funded with ODA Loans of JICA and other Japanese ODA, observe the highest standard of ethics during the procurement and execution of such contracts In pursuance of this policy, JICA;

(a) will reject a proposal for award if it determines that the bidder recommended for

award has engaged in corrupt or fraudulent practices in competing for the contract in question;

(b) will recognize a Contractor as ineligible, for a period determined by JICA, to be

awarded a contract funded with ODA Loans of JICA if it at any times determines that the Contractor has engaged in corrupt or fraudulent practices in competing for, or in executing, another contract funded with ODA Loans of JICA or other Japanese ODA A2.3 “Special Terms for Economic Partnership”(STEP) and other special conditions are applicable

to the Loan

A3 Eligible Tenderers

Tenders for this Contract will only be considered from those companies, corporations, partnerships, consortia or joint ventures who have been pre-qualified and invited to tender following assessment of information supplied during the Pre-Qualification process

A change in the members of a joint venture after prequalification is acceptable (refer to Annexure 5), provided that all of the following conditions are satisfied:

i) The new joint venture meets the prequalification criteria (the new member is not

necessarily limited to only prequalified firms) ii) The reason for such a change is acceptable to the Employer

iii) Such a change does not distort competition among qualified bidders

iv) Such a change is informed in writing to the Employer within 90 days prior to the

Tender Closing Date and is approved in writing by the Employer before the Tender Closing Date

v) Such a change is not forced by the Employer but has taken place by the free choice

of the firms involved

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A4 Eligible Source Countries for Materials, Plant, Supplies, Equipment, and Services

Under STEP (Special Terms for Economic Partnership) Loan provisions for the project, not less than forty eight per cent (48%) of the total cost of goods and services for this Contract shall be procured from Japan as specified in Clause 7.1 of the Particular Conditions of Contract The following equipment shall be procured from Japan as a minimum portion:

• Automatic Fare Collection System (AFC);

• Rolling Stock; and

• Overhead Contact System (OCS)

At the Employer’s request, tenderers may be required to provide evidence of the origin of equipment, goods and services

The tenderer shall confirm his compliance with the eligibility of equipment, goods and services

to be employed for the Works, using the Appendix 10 in the Letter of Tender

A5 Source Countries for Telecommunications and Signal Systems

Telecommunications and Signal Systems shall be the products of the manufacturers/suppliers

of G8 and other European countries or the manufacturers/suppliers who have the license agreement with the firms of G8 and other European countries

A6 Qualification of the Tenderer

A6.1 The Tenderers, to qualify for award of Contract, shall submit a written power of attorney

authorising the signatories of the Tender to commit each member of the partnership, consortium or joint venture

A6.2 Where the Tenderer comprises a partnership, consortium or joint venture, the Tenderer shall

update the following information, submitted with their pre-qualification applications, shall continue to meet the minimum threshold criteria for pre-qualification:

(a) a Joint Venture Agreement which shall comprise the same members as accepted at

the time of Pre-Qualification or as accepted in paragraph A3

(b) nomination of one of the members of the partnership, consortium or joint venture to

be the representative; and this authorisation shall be covered in the Joint Venture Agreement signed by the legally authorised signatories of all members of consortium

or joint venture (refer to Annexure 11);

(c) details of the intended percentage participation given by each member at the time of

pre-qualification shall be reconfirmed and expanded with complete details of the proposed division of responsibilities and corporate relationships among the individual members

A6.3 The Tenderer shall submit with his Tender full details of his ownership and control or, if the

Tenderer is a partnership, joint venture or consortium, full details of ownership and control of

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each member thereof

A6.4 Each Tenderer (each member in the case of a partnership, joint venture or consortium) is

required to confirm and declare with his Tender that no agent, middleman or any intermediary has been, or will be, engaged to provide any services, or any other item or work related to the award and performance of this Contract They will have to further confirm and declare in the submittal that no agency commission or any payment which may be construed as an agency commission has been, or will be, paid and that the tender price will not include any such amount If the Employer subsequently finds to the contrary, the Employer reserves the right to declare the Tenderer as non-compliant, and declare any Contract if already awarded to the Tenderer to be null and void

The Tenderer shall update any information submitted with their applications for Prequalification, which has changed, and update in any case the minimum information indicated below, establishing that the tenderer is still meeting the minimum threshold criteria set out in the Prequalification Documents and having adequate experience, financial capacity and technical capability to undertake the Contract

As a minimum, tenderers shall update the following information

(a) evidence of access to lines of credit and availability of other financial resources;

(b) work commitments acquired since Prequalification;

(c) current litigation information; and

(d) the latest of income tax clearance certificate for foreign and local members

A6.5 Canvassing or offer of an advantage or any other inducement by any person with a view to

influencing acceptance of a Tender is an offence under the laws of Vietnam Such action will result in the rejection of the Tender, in addition to other punitive measures

No firm can be a subcontractor while submitting a tender individually or as a partner of a joint venture in the same tendering process A firm, if acting in the capacity of subcontractor in any tender, may participate in more than one tender, but only in that capacity

A7 One Tender per Tenderer

Each Tenderer shall submit only one tender either by himself, or as a partner in a joint venture,

or as a member of a consortium If a Tenderer submits, or if any one of the partners in a joint venture or any one of the members of consortium participates, in more than one Tender, he will be disqualified

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A9.1 The Tenderer is advised to visit and examine the Site of Works and its surroundings and

obtain for himself on his own responsibility all information that may be necessary for preparing the Tender and entering into a contract for the proposed work The costs of visiting the Site shall be borne by the Tenderer It shall be deemed that the Tenderer has undertaken a visit

to the Site and is aware of the site conditions prior to the submission of the tender documents A9.2 The Tenderer and any of his personnel will be granted permission by the Employer to enter

upon his premises and lands for the purpose of such inspection, but only upon the express condition that the Tenderer, and his personnel, will release and indemnify the Employer and his personnel from and against all liability in respect thereof and will be responsible for death

or personal injury, loss of or damage to property and any other loss, damage, costs and expenses incurred as a result of the inspection

A9.3 The Employer may arrange a Site visit concurrently with the Pre-Tender meeting referred to in

paragraph C28

A9.4 The Tenderer shall note that for his reference only in Annexure 6 there is a spread sheet that

outlines the Vietnamese Regulations for Approval and Certification of Projects

The Tenderer shall note that in preparing his tender he shall allow for the requirements of Decree No 209/2004/ND-CP of December 16, 2004 on Quality Management of Construction Works and also Decree 99/2001/ND-CP of June 13, 2001 on Management of Work Construction Investment Expenditures, and all latest regulations

A9.5 The Tenderer shall note the Conditions of Contract Sub-Clause 4.11 in which it is deemed

that the Tenderer has taken into account all the factors that may affect the Contract in preparing his Tender Price

B1 Contents of Tender Documents

B1.1 The Tender Documents, as listed below, have been prepared for the purpose of inviting

tenders for design, procurement and construction of all Permanent and Temporary Works in connection with Contract Package No 3 Ben Thanh – Suoi Tien Section (Line 1) of the Ho Chi Minh City Urban Railway, and as more particularly described in these documents:

(a) Notice of Invitation to Tender;

(b) Instructions to Tenderers and Annexures;

(c) Letter of Tender, Attachments and Appendices;

(d) General Conditions of Contract;

(e) Particular Conditions of Contract

(f) Schedules to the Conditions of Contract;

(g) Employer's Requirements – General Specifications – Design Standards;

(h) Employer's Requirements – Particular Specifications;

(i) Employer’s Drawings; and

(j) One CD-ROM (Read Only) of documents listed in Clause B2.1 below

B1.2 The Tenderer is required to examine carefully the contents of all the above documents

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Failure to comply with the requirements for the tender submittal will be at the Tenderer’s own risk Tenders that are not substantially responsive to the requirements of the Tender Documents will be rejected

B1.3 The Tenderer shall not make or cause to be made any alteration, erasure or obliteration to the

text of the Tender Documents The forms of Cost Centres provided in the Pricing Documents are outline forms and they can be modified by the Tenderer

B2 Content of Supporting Documents

B2.1 The following documents giving investigation information are available for inspection by

appointment at the General Consultant’s Office Tenderers shall sign an attendance register

at the time of each inspection A “read only” soft copy (CD) is included in the Tender Documents Inspection of bore logs, earth or rock samples etc may only be made by prior appointment through Mr Nguyen Xuan Hiep Tel 08-510-6428 Samples may not be removed from their location

The contents of these surveys are for general information only and any interpretation of the site investigation results shall be construed as opinions only and not as representations or warranties as to the actual site or sub-soil conditions The Tenderer’s attention is specifically drawn to paragraph B2.3 below

The following documents are available for inspection

(i) Utility Investigation Report (ii) Transportation Study (iii) Hydrological Study (iv) Social and Environmental Survey (v) Building Surveys; and

(vi) Line 1 Geotechnical Report (vii) Topographic Survey B2.2 The Tenderer shall note the existence of overground and at grade structures, utilities and

infrastructure in the vicinity of the Works to be constructed

B2.3 The accuracy or reliability of the documents and reports referred to in this Clause B2 and of

any other information supplied, prepared or commissioned at any time by the Employer is not warranted The Tenderer's attention is drawn to clause 4.10 of GCC in this regard The Tenderer should visit, examine and assess the Site including working conditions and will be deemed to have satisfied himself of the risks and obligations under the Contract

B3 Clarification of Tender Documents

B3.1 The Tenderer shall check the pages of all documents against page numbers given in indexes

and summaries and, in the event of discovery of any discrepancy, the Tenderer shall inform the General Consultant forthwith with copy to the Project Management Unit No.1/MAUR in English and Vietnamese

B3.2 Should the Tenderer for any reason whatsoever, be in doubt about the meaning of anything

contained in the Invitation to Tender, Tender Documents or the extent of detail in the Employer's Requirements, the Tenderer shall seek clarification from the General Consultant,

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not later than eight (8) weeks before submitting his Tender Any such clarification, together

with all details on which clarification had been sought, will be copied to all Tenderers All

communications between the Tenderer and the General Consultant shall be conducted in

writing with copy to the Project Management Unit No.1/MAUR in English and Vietnamese

The General Consultant will respond to any request for clarification questions by issuing an

answer not later than four (4) weeks prior to the deadline for submission of tenders The

General Consultant’s response will include a description of the inquiry but without identifying

its source

B3.3 Except for any such written clarification by the General Consultant which is expressly stated

to be by way of an addendum to the documents referred to in paragraphs B1.1 (a) to (j) above

and/or for any other document issued by the Employer which is similarly described, no written

or verbal communication, representation or explanation by any employee of the Employer or

the General Consultant shall be taken to bind or fetter the Employer or the General

Consultant under the Contract

B4 Amendment to Tender Documents

B4.1 Addenda

Tenderers are advised that further instructions to Tenderers and addenda to the Tender

Documents may be issued during the tender period Without prejudice to the general order of

precedence prescribed by the Conditions of Contract Clause 1.5, the provisions in any such

addenda shall take priority over the Invitation to Tender and Tender Documents previously

issued Tenderers shall confirm receipt of such documents and list them in the Tender

Submittal

B4.2 Extension of Deadline for Submission

To afford prospective tenderers reasonable time in which to take an Addendum into account

in preparing their tenders, the Employer may extend the deadline for submission of tenders

C Preparation of Tenders

C1 Language

Tenders and all accompanying documents shall be in English The following documents shall

be translated into Vietnamese

1 Outline Quality Plan: ITT Clause C 2.2 (d)

2 Outline Safety Plan: ITT Clause C 2.2 (e)

3 Tenderer’s Technical Proposal: ITT Clause C 2.2 (g)

4 Proposed Construction Method Statement: ITT Clause C 2.3 (c)

5 Pricing Documents listed in ITT Clause C2.2 (c)

Document item 5 shall be included in the Financial Package as “Original” and five copies only

In addition to the above, the Tenderer shall provide Vietnamese translations of all information

and documents necessary for appraisal of the tender results, if so requested by the appraisal

authority

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Any accompanying printed literature in other languages shall be accompanied by an English and Vietnamese translation All the Vietnamese translations shall be for reference only and English shall be the governing language in the interpretation of the documents comprising the Tender

C2 Documents Comprising the Tender

C2.1 The Tenderer shall, on or before the date given in the Notice of Invitation to Tender, submit

his Tender in one submittal clearly marked with the name of the Tenderer and with:

”Contract Package 3 (E&M, Rolling Stock, Trackwork, Maintenance): Technical Package";

and ”Contract Package 3 (E&M, Rolling Stock, Trackwork, Maintenance): Financial Package"

These shall be addressed to The Chairman, Management Authority for Urban Railways and submitted to the Office of the General Consultant at the address given in the Tender Documents The Tenderer shall ensure that a receipt is obtained for the submission of his Tender, such receipt being issued free of charge by the General Consultant

The Technical Package of this submission shall contain the documents referred to in paragraphs C2.2(a); (b); (d); (e); (f); (g), (h); (i); (j); (k); (l); (m); (n) and (o) below and C2.3(a);

(b); (c); (d); (e); (f); (g); (h); (i); (j); and (k)

The Financial Package shall contain the documents referred to in paragraphs C2.2 (a); (b); (c) and (p) below

In submission of the Tender (Technical Package and Financial Package), the Tenderer shall assign person(s) in writing to submit the Tender accompanied by the original of the Tender Guarantee which shall be delivered in a separate envelope by the Tenderer Copies of the Tender Guarantee shall be included in each Package of the Tender

Should any further documents be required pursuant to paragraphs C2.3(k) below, the Tenderer will be instructed by the Employer which Package of the Tenderer’s submission is to contain such documents

C2.2 The Tenderer shall submit as his Tender the following documents, duly completed which in

the event of acceptance of the Tender, shall form part of the Contract:

(a) Letter of Tender with:

- Attachment 1: Acknowledgement of Compliance with Code of Ethics and

Conduct for Public Procurements

- Attachment 2: Tender Total (b) Appendix 1 to the Letter of Tender; Contract Conditions;

(c) Appendix 2 to the Letter of Tender: completed Pricing Document including the Tender

Total, Schedule of Amounts Apportioned to Cost Centres, Monthly Cash Flows for the Contract etc (see paragraph C11, C17 and C24 below);

(d) Appendix 3 to the Letter of Tender: Outline Quality Plan (see paragraph C4 below);

(e) Appendix 4 to the Letter of Tender: Outline Safety Plan (see paragraph C5 below)

(f) Appendix 5 to the Letter of Tender: Outline Environmental Plan (see paragraph C6

below) (g) Appendix 6 to the Letter of Tender: Tenderer's Technical Proposals (see paragraph

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C7 below);

(h) Appendix 7 to the Letter of Tender: Evidence of Professional Indemnity Insurance;

(i) Appendix 8 to the Letter of Tender: The Structure of the Tenderer;

(j) Appendix 9 to the Letter of Tender: Staffing Schedules and Organisation Chart;

(k) Appendix 10 to the Letter of Tender: List of STEP items with quantities and amounts

as specified in Clause 7.1 of Conditions of Contract;

(l) Appendix 11 to the Letter of Tender: Tenderer’s Operations and Maintenance

Proposal (See paragraph C14 below);

(m) Appendix 12 to the Letter of Tender: Tender Index (See paragraph C26 below);

(n) Undertaking on copyright (see paragraph E2)

(o) Two softcopies (CDs) of Technical package, one to be in “native” MS Office format,

and the other to be “Read Only” in pdf format (p) Two softcopies (CDs) of Financial package separately recorded in CD with two

different formats, “native” MS Office format and “Read Only” pdf format

C2.3 The Tenderer shall submit with his Tender the documents that are identified in paragraphs

C2.3 (a) – C2.3 (k) below Such documents will be used for the purposes of evaluating and

analysing the Tender but will not form part of the Contract unless the same shall have been

expressly incorporated into the Contract in accordance with paragraphs B4 above

(a) Full details of ownership and control of the Tenderer (see paragraph A6.3 above);

(b) Separate Tender Programme and proposed Design Submission Programme;

(c) Proposed Construction Method Statement (see paragraph C10 below);

(d) Details of works including specialist work proposed to be sub-contracted, and list of

Sub-contractor (see Annexure 9);

(e) Details of providers of guarantees and warranties (see paragraph C21 below);

(f) Staffing schedule and related details (see paragraph C13 below);

(g) Details of Tenderer’s Equipment (see paragraph C15 below);

(h) Proposals for use and reinstatement of Works Areas (see paragraph C16 below);

(i) Documents amplifying the Tenderer's Technical Proposals as described in paragraph

5 of Annex 1 to these instructions;

(j) Any further documents which are requested in writing by Employer before submission

of the Tender by way of evaluation documents but which are not to form part of the Contract;

(k) Following information shall be furnished:

E&M, Rolling Stock, Track work, Depot, and Workshop Equipment and Infrastructure Maintenance Vehicles

Extent of participation by each member of the consortium in terms of percentage of the value of the proposed Contract relating to the different System Packages

% of participation by each Member

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1

2

3 C2.4 Tenderers shall quote all prices inclusive of all taxes, duties and fees required to be paid by

him under the Contract, except as modified by Conditions of Contract PCC 14.1 [The Contract

Price] and these all inclusive prices will be considered for the purpose of comparative

evaluation of tenders

C2.5 The Tenderer should note Clause 14.3 of the GCC which describes the method of

determining interim payments by reference to Milestone achievements

C3 Letter of Tender

The Letter of Tender shall be completed and signed by a duly authorised and empowered

representative of the Tenderer If the Tenderer comprises a partnership, consortium or a joint

venture the Letter of Tender shall be signed by a duly authorised representative of the

partnership delegated by all members of the partnership as stated in the Joint Venture

Agreement The relevant powers of attorney shall be attached

C4 Outline Quality Plan

The Tenderer shall submit as part of his Tender an Outline Quality Plan illustrating the

intended means of compliance the Employer's Requirements (Volume 3) and setting out in

summary form an adequate basis for the development of the more detailed document

required under Clause 10 the Conditions of Contract The Outline Quality Plan shall contain

sufficient information to demonstrate clearly the proposed method of achieving the Tenderer's

quality objectives with regard to the requirements of the Contract

C5 Outline Safety Plan

C5.1 The Tenderer shall submit as part of his Tender an Outline Safety Plan which shall contain

sufficient information to demonstrate clearly the Tenderer's proposals for achieving effective

and efficient safety procedures The Outline Safety Plan should include an outline of the

safety procedures and regulations to be developed and the mechanism by which they will be

implemented for ensuring safety as required by the Employer's Requirements and the

Conditions of Contract

C5.2 The Outline Safety Plan shall be headed with a formal statement of policy in relation to safety

and shall be sufficiently informative to define the Tenderer's safety plans and set out in

summary an adequate basis for the development of the Site Safety Plan to be submitted in

accordance with the Conditions of Contract

C5.3 The Tenderer may be requested to amplify, explain or develop his Outline Safety Plan prior to

the date of acceptance of the Tender and to provide more details with a view to reaching

provisional acceptance of such a plan

C6 Outline Environmental Plan

C6.1 The Tenderer shall submit as part of his Tender an Outline Environmental Plan for installation

illustrating the intended means of compliance with the requirements of the Employer's

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Requirements (Volume 3) and setting out in summary form an adequate basis for the

development of the more detailed document to be submitted under the Conditions of Contract

The Outline Environmental Plan shall contain sufficient information to demonstrate clearly the

proposed method of achieving the Tenderer's environmental objectives with regard to the

requirement of the Contract

C6.2 The Outline Environmental Plan shall be headed with a formal statement of policy in relation

to environmental protection and shall be sufficiently informative to define the Tenderer's

environmental plans and set out in summary an adequate basis for the submission of a

detailed and comprehensive site environmental quality management plan to be submitted in

accordance with the Conditions of Contract The Outline Environmental Plan shall include the

methods and procedures for monitoring the Environmental Impact of the Works under the

Contract

C6.3 The Tenderer may be requested to amplify, explain or develop his Outline Environmental Plan

prior to the date of acceptance of the Tender and to provide more detail with a view to

reaching provisional acceptance of such a Plan

C7 Tenderer's Technical Proposals

The Tenderer shall submit with his Tender the Tenderer's Technical Proposals as described

in Annexure 1 hereto

C8 System Integrator

C8.1 The Tenderer should note the requirements of warranties and obligations contained in the

Conditions of Contract

C8.2 The Tenderer shall submit with his Tender a plan showing how the diverse systems, such as:

E&M, Rolling Stock, Trackwork, Depot and Workshop Equipment shall be planned and

integrated into a well organised operating Railway System The plan shall include the

appointment of the System Integrator, and the organisation and methodology used to achieve

the required integration

C8.3 The design of the Railway Systems shall be undertaken by the System Integrator The

System Integrator shall be the same entity included in the pre-qualification application unless

approved otherwise by the Employer

C8.4 The Tenderer shall submit with his Tender either the proposed terms and conditions upon

which the System Integrator would be appointed in the event of acceptance of the Tender

(excluding the financial and commercial terms thereof) or at least a statement of the heads

(salient features) of such an agreement The Tenderer should note that, if heads of

agreement are supplied with the Tender, the Tenderer may be required to develop such

heads into a full agreement and to submit the agreement in its final form prior to award of the

Contract

C9 Tender Programme and Proposed Design and Certification Programme

C9.1 The Tenderer shall submit with his Tender, a Tender Programme which shall indicate how the

Tenderer intends to organise and carry out the Works and achieve Stages and complete the

whole of the Works by the appropriate Key Dates Detailed requirements for the Tender

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Programme are set out in Annexure 2 to these Instructions to Tenderers

C9.2 The Tender Programme shall be prepared in terms of weeks from the Date for

Commencement of Works

C9.3 The Tender Programme shall not in any event be construed as a submission of the Works

Programme under the Conditions of Contract

C9.4 The Tenderer shall submit with his Tender his proposed Design and Certification Programme

to cover the Design Phase Such proposed programme shall:

(a) be consistent with the Tender Programme and accord with the Employer's

Requirements (Volume 3);

(b) make adequate allowance for periods of time for review by authorities whose approval

is necessary in accordance with the General Specifications (Volume 3);

(c) include a schedule identifying, describing, cross-referencing and explaining the

Design Packages which the Tenderer intends to submit;

(d) take due account of the design co-ordination interface periods during which the

Contractor shall be required to undertake and complete his co-ordinated design in the knowledge that such design will be compatible and co-ordinated with others and allowing adequate time for the Employer’s assessments and decisions;

(e) take due account of obtaining certification of the designs from relevant authorities

C9.5 The Tenderer's attention is drawn to the requirement of the Conditions of Contract and the

Employer's Requirements - Design and the requirements that the proposed Initial Works

Programme and Design and Certification Programme shall be submitted within 28 days and

45 days respectively after the Date of Commencement However, the Tenderer should note

that he may be required to amplify, explain and develop his Tender Programme and the

proposed Design and Certification Programme prior to award of Contract

C9.6 The proposed Design and Certification Programme shall not, in any event, be construed as a

submission under the Conditions of Contract

C10 Manufacture, Installation and Construction Methods

The Tenderer shall submit with his Tender, the methods by which the Tenderer intends to

construct the Works, whether on the Site, off-site but in Vietnam, or offshore The

construction methods to be employed will be analysed during tender evaluation and their

descriptions shall be in sufficient detail to allow a full appreciation of the Tenderer's proposals

in relation to all aspects of the Works Details shall be given of the locations and

arrangements for offshore work, the facilities available and any undertaking from others which

the Tenderer has in such matters

C11 Milestones Payment Schedule

C11.1 The Contractor shall submit with his Tender the Milestone Payment Schedule (refer to

Appendix 2 of Letter of Tender) which shall show, in graphic and tabular form, the anticipated

cumulative value of work done over time for each amount in the Cost Centres The Schedule

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should clearly show the monthly cash flows for the Contract

C11.2 If the Tenderer is required to amplify and develop his Tender Programme pursuant to

paragraph C9 above, the Tenderer will be required to amend the provisional Milestone

Payments so as to be consistent with the proposed Initial Works Programme with a view to

reaching provisional acceptance of the amended versions If such provisional acceptance is

notified, the Tenderer shall be required, prior to award, to submit such amended versions of

his proposed Milestone Payment Schedule conditional only upon acceptance of his Tender

C12 Works Area Access Dates and Key Dates

C12.1 The dates on which Works Areas are available to the Contractor for the commencement of

the works are defined as Works Area Access Dates (WAAD) Details of WAAD are given in

Annexure 2 to these ITT

C12.2 The Contractor shall be required to design and construct the Works to meet Key Dates as

detailed in Appendix 1 of the Letter of Tender

C13 Staffing Schedule and Related Details

C13.1 The Tenderer shall submit with his Tender a staffing schedule containing the names,

qualifications, professional experience and corporate affiliation of all proposed management

personnel (above the level of shift supervisor) and specialists (refer to Annexure 12) Details

shall be included for all such personnel whether directly employed or engaged on a

consultancy or advisory basis and whether associated with the design or the construction of

the Works The submission shall include a provisional management structure and

organisation chart showing areas of responsibility, relative seniorities and lines of reporting

The Tenderer should note that the said staffing schedule shall not in any event constitute a

submittal under the Contract

C13.2 The Tenderer shall include his proposals for his Dedicated Co-ordination Control Team and

include the name and qualifications of the Team Leader responsible for the interface

co-ordination with Interfacing Contractors

C14 Proposed Approach to Maintenance Service

The Tenderer shall submit with his Tender the proposed approach to the 5-years maintenance

of the equipment, etc provided and installed under the Contract immediately after the issue

date of Taking-Over certificate This shall be contained in Appendix 11 to the Letter of Tender

C15 Tenderer's Equipment and Plant

The Tenderer shall submit with his Tender a schedule of the main items of equipment and

plant which he intends to use for carrying out the Works, indicating the activities for which

each item will be used The Tenderer shall specify in each case (refer to Annexure 8):

(a) if he owns or intends to purchase such items, and

(b) if he intends to enter into hire, hire purchase or leasing or charter-party arrangements

C16 Proposals for Use and Reinstatement of Work Areas

C16.1 The Tenderer shall note the requirements for restoring the land after construction activities

C16.2 The Tenderer shall submit with his Tender details of his proposed use of the Work Areas and

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such other areas which he proposes to use for the purpose of executing the Works Such

details shall be subject to the provisions of the Employer's Requirements, and shall include

proposed preparatory work, arrangements for access to and about the Work Areas or other

areas and proposals for reinstatement on completion where appropriate

C16.3 The Tenderer shall show, in outline, his proposed site layouts for:

(a) accommodation and other facilities

(b) fabrication and storage areas

The Tenderer shall submit with his Tender full details of all temporary accommodations,

furniture and equipment for the use of the Employer’s Representative for the duration of the

Works, in accordance with international practice

The Tenderer shall indicate in his proposals the provision of utility services to the Site The

Tenderer is to note that the Contractor will be fully responsible for the provision of all utility

services necessary for the construction and completion of the Works as described in the

Employer's Requirements (Volume 4)

For preparation of the Tender for the temporary facilities described above, the Tenderer shall

comply with Vietnamese regulations including Circular No 05/2007/TT-BXD of July 25, 2007

C17 Pricing Document

C17.1 The Pricing Document is included in Appendix 2 to the Letter of Tender The Tenderer shall

complete the Pricing Document in accordance with the instructions given in Appendix 2 The

completed Pricing Document shall be submitted as Appendix 2 to the Letter of Tender

C17.2 The Tenderer is to note that Key Dates are to be determined by reference to periods from the

Date for Commencement of the Works Periods for each stage of work are given in Appendix

1 to the Letter of Tender Milestone dates shall be, likewise, determined by reference to the

respective periods from the Date for Commencement of the Works It is the intention that,

prior to Date of Commencement, Key Dates and Milestones will be converted to calendar

dates

C17.3 Prior to award, the successful Tenderer shall reformat the Pricing Document, Schedule of

Milestones, and the Tender Programme, so as to correlate between these documents, as

requested by the General Consultant

C18 Currencies of Tender and Payment

C18.1 The Tenderer shall give his priced offer in Vietnamese Dong, and Japanese Yen only

Attention of Tenderers is invited to Sub-Clause 14.15 of the Conditions of Contract

C18.2 Interim payments in relation to each Cost Centre will be certified and paid, in accordance with

the provisions of the Conditions of Contract Clause 14.3 in the currency shown in the

Schedule of Cost Centre Amounts

C18.3 The rates of exchange to be used by the tenderer for currency conversion during tender

preparation shall be the selling rates prevailing on the date 28 days prior to the date of tender

opening (Base Date), as published by the Bank for Foreign Trade of Vietnam (Vietcombank)

C18.4 The foreign currency requirements generally include the following:

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(a) Expatriate staff and labour employed directly on the Works;

(b) Social, insurance, medical and other charges relating to such expatriate staff and labour,

and foreign travel expenses

(c) Imported materials, both temporary and permanent, including fuels, oil and lubricants

required for the Works;

(d) Depreciation and usage of imported Plant and Contractor’s Equipment, including spare

parts, required for the Works

(e) Foreign insurance and freight charges for imported materials, Plant and Contractor’s

Equipment, including spare parts; and

(f) Overhead expenses, fees, profit, and financial charges arising outside the Socialist

Republic of Vietnam in connection with the Works

C19 Tender Validity

The Tender shall be valid for a period of 270 days from the Tender Closing Date In

exceptional circumstances, prior to expiry of the original tender validity period, the Employer

may request that the Tenderers extend the period of validity for a specified additional period

The request and the responses thereto shall be made in writing or by facsimile A Tenderer

may refuse the request without forfeiting his Tender Guarantee A Tenderer agreeing to the

request will not be required or permitted to modify his tender, but will be required to extend

the validity of his Tender Guarantee for the period of the extension

C20 Tender Guarantee

C20.1 The Tenderer shall submit with his Tender a Tender Guarantee for the sum of seven hundred

and sixty million (760,000,000) Japanese Yen in the form of a certified cheque, letter of credit,

or a bank guarantee If the guarantee letter is provided by an overseas bank other than

Vietnamese bank, it must be issued through a branch in Vietnam or confirmed by a

Vietnamese bank having agency relationship with such bank The form of Tender Guarantee

given in Annexure 3 to these Instructions to Tenderers may be used for the purpose The

Tender Guarantee may also be issued by a reputable insurance company or a bonding

company, in which case if the issuer is located outside Viet Nam, it shall have a

correspondent financial institution located in Viet Nam to make it enforceable The Tender

Guarantee shall remain valid for a period of 30 days beyond the validity period for the Tender

If the Tenderer is a joint venture, its Tender Guarantee can be provided in either of the

following 2 ways:

a) Each partner of the joint venture provides a separate Tender Guarantee on the condition

that the aggregate value of tender guarantees provided by all partners shall not be less

than the sum indicated above In this case, if the Tender Guarantee of any member of

the joint venture is determined to be not valid, the Tender of that joint venture will be

rejected;

b) A delegated member of the joint venture provides the Tender Guarantee for the whole

joint venture In this case the Tender Guarantee can be provided under the name of the

joint venture or the delegated member, but in any case the total value of the Tender

Guarantee shall not be less than the sum indicated above

C20.2 Any Tender not accompanied by an acceptable Tender Guarantee shall be rejected by the

Employer as non-responsive

The Tender Guarantee will be considered as not valid in one of the following cases: i) its value

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is lower than the specified amount; ii) it is not in the specified currency; iii) its validity period is

shorter than the specified period; iv) it is not submitted to the specified address and within the

period specified in the Tender Documents; v) it does not show the correct name of the

Tenderer (or the name of the member of the joint venture in the case of C20.1 above; and vi)

it is not submitted in original and is not duly signed

C20.3 The Tender Guarantee of the successful Tenderer shall be returned upon the execution of the

Contract and the receipt by the Employer of the Performance Guarantee in accordance with

Sub-Clause 4.2 of the Conditions of Contract

C20.4 The Tender Guarantee of the unsuccessful Tenderers shall be released within 30 days from

the date of Notification of Tender Results

C20.5 The Tender Guarantee shall be forfeited in one of the following cases:

(a) the Tenderer withdraws his tender after the tender closing date and within the validity

period of the tender; or

(b) the Tenderer does not accept the correction of his tender price pursuant to Item E5

below; or

(c) the Tenderer does not or refuses to enter into contract negotiation and finalization of

the Contract within 14 days from the date of Notification of Tender Winning, or refuses

to sign the Contract without a reasonable cause within 14 days from the date of

Notification of Contract Award; or

(d) the Tenderer fails to submit the Performance Guarantee within 28 days of receipt of the

Notification of Contract Award

In the case of a joint venture, the forfeiture mentioned herein shall mean the forfeiture of the

Performance Guarantee of the joint venture

C21 Guarantees and Warranties

C21.1 The Tenderer shall submit full details of the identity of the proposed parties who would

respectively provide or issue the Performance Guarantee in accordance with Item F5 hereof,

Sub-Clause 4.2 and Schedule 2 of the Conditions of Contract;

C21.2 The Tenderer should note that all Guarantees, except Advance Payment Guarantee, shall be

executed prior to signing of the Contract

C22 Labour

The Tenderer's attention is especially drawn to Clause 6.1 of the Conditions of Contract in

relation to the responsibility of the Contractor for obtaining an adequate supply of labour

C23 Interfacing Contractors

The Tenderer's attention is drawn to the requirement that access to the Site or parts of the

Site will, from time to time, have to be shared with interfacing contractors carrying out works

on, or in the vicinity of the Site including, without limitation, works relating to:

Contract Package No.1: Civil (Underground);

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The Tenderer shall include with his Tender as Appendix 12 an index which cross refers all of

the Employer’s tender requirements elaborated in these documents to all the individual

sections within Contract Package No 3: Technical Package and Contract Package No 3:

Financial Package, which the Tenderer intends to be the responses to each and every one of

those requirements

C27 Tenderer’s Alternatives

C27.1 Tenderers shall note that the Employer’s Requirements, Specifications and Drawings

comprise the “Base Tender”, and as such have been approved by the authorities concerned

Besides the Base Tender, Tenderers may propose alternatives but only the alternative of the

1st ranked Tenderer according to the tender evaluation will be considered

C27.2 The Tenderer shall note the requirements of Clause C30 – Employer’s Options

C28 Pre-Tender Meeting

C28.1 The tenderer or his official representative will be invited to attend a Pre-Tender meeting on

the date and location to be advised later

C28.2 The purpose of the meeting will be to clarify issues and to answer questions on any matter

that may be raised at that stage

C28.3 The tenderer is requested to submit any question in writing or by facsimile, to reach the

Employer not later than one week before the meeting

C28.4 Minutes of the meeting, including the text of the questions raised and the responses given,

will be transmitted without delay to all purchasers of the Tender Documents Any modification

of the Tender Documents listed in paragraph B4 which may become necessary as a result of

the Pre-Tender meeting shall be made by the Employer exclusively through the issue of an

Addendum pursuant to paragraph B4 and not through the minutes of the Pre-Tender meeting

C28.5 Non-attendance at the Pre-Tender meeting will not be a cause for disqualification of a

Tenderer

C29 Format and Signing of Tender

C29.1 The Tenderer shall prepare one original and five copies of the documents comprising the

Tender, as described in paragraph C2 of these Instructions to Tenderers clearly marked

"ORIGINAL", "COPY 1” and through to "COPY 5" Additionally, the Tenderer shall provide 2

CD-ROMs, one shall be Read Only in pdf format and the other shall be “native” in MS Office

format In the event of discrepancy the document labelled ORIGINAL shall prevail

C29.2 The original and all copies of the Tender shall be typed or written in indelible ink (in the case

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of copies, photocopies are also acceptable) and shall be signed by a person or persons duly

authorised to sign on behalf of the Tenderer, pursuant to sub-paragraphs A6.1 or A6.2, as the

case may be All pages of the Tender, where entries or amendments have been made, shall

be initialled and dated by the person or persons signing the Tender

C29.3 The Tender shall contain no alterations, omissions or additions, except those to comply with

instructions issued by the Employer, or as necessary to correct errors made by the Tenderer,

in which case such corrections shall be initialled and dated by the person or persons signing

the Tender

C30 Employer’s Options

C30.1 The Tenderer shall provide two optional designs for the Trackwork with costs including a

breakdown of lifecycle costs in addition to the Base Tender

The required Options are:

Optional designs for Trackwork

(a) Plinth Track showing the general arrangement of the structures for plain line, standard

turnouts, crossovers and stray current corrosion control Arrangement of fasteners and

any special details, accompanied by technical data sheets and record of applications

suitable for 110kph applications; and

(b) Low Vibration Track with necessary modifications of the relevant structure and/or

system and technical data on the fastener system and any special details including

stray current corrosion control, accompanied by technical data sheets and record of

applications suitable for 110kph applications

C30.2 Tenderers shall prepare and submit a separate “Option” package sealed and marked as

paragraph D1 herein for the Base Tender except shall be labelled “Option”

C30.3 The technical submissions of the “Option” package shall show clearly and only the differences

between the Option and the Base Tender in terms of technical proposals, programme and any

other technical aspects that will be affected if the Option is exercised In particular the

technical differences between the Option and the Base Tender shall be clearly demonstrated

together with the price differentials

C30.4 The financial submission of the “Option” package shall be similar in all respects to the

Financial Package of the Base Tender, (Appendix 2A) except that only Totals and the Cost

Centres affected by the work of the Option and the associated Milestones shall be included

The “Option Total” shall include the unchanged Cost Centres (Appendix 2A) together with the

unchanged item for Provisional Sums, (Appendix 2B) and the Cost Centres modified by the

Option A revised Milestone Payment Schedule (Appendix 2D) shall be included in the

package

C30.5 The Option Packages (Technical and Financial) will be opened after the Base Tender has

been confirmed to be responsive and is the lowest Base Price

C30.6 The Employer shall determine the exercising of one of the Options prior to the signing of the

Contract Agreement

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D Submission of Tenders

D1 Sealing and Marking of Tender

D1.1 The Tender shall include all the documents mentioned in Item C2 hereinabove The Technical

Package and the Financial Package shall be put in one envelope or box, and the Alternative

and/or Option Package shall be put in another envelope or box The Tender shall be

submitted in one (1) original and five (5) copies The Tenderer shall seal the original and each

copy of the Tender, duly marking the envelopes or boxes as "ORIGINAL", and "COPY 1"

through to "COPY 5"

D1.2 The Tender shall pack the documents in a proper manner to facilitate receipt and storage of

Tenders by the Employer, ensuring integrity of Tenders and avoiding their loss In case it is

necessary to pack into many small boxes to facilitate transport, each box shall be numbered

properly in order to ensure uniformity, and shall be duly sealed and marked as specified

Binh Thanh District

Ho Chi Minh City

Vietnam

Fax: 08.3.510.6726

Email: njpt-p3@hcm-mrt.com

and bear the name, address, telephone number, Fax number and e-mail address of the

Tenderer in addition to the following identification:

Tender for Contract Package 3: E&M, Rolling Stock, Trackwork, Maintenance

Tender Reference No

DO NOT OPEN BEFORE 14:05 on July 23, 2010 (time and date of tender opening)

D1.4 If any envelope or box is not sealed and marked as above, the Employer will assume no

responsibility for the misplacement or premature opening of the Tender concerned

D2 Deadline for Submission of Tenders

D2.1 Tenders must be received by the Project Director of the General Consultant at the address

specified above, not later than 14.00 hr on July 23, 2010

D2.2 The Employer may, at his discretion, extend the deadline for submission of Tenders by

issuing an amendment in accordance with paragraph B4, in which case all rights and

obligations of the Employer and the Tenderer previously subject to the original deadline will

thereafter be subject to the deadline as extended

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The extension of the deadline for submission of Tenders shall be informed by the General

Consultant to all the firms who purchased the Tender Documents and also announced on

newspapers

D3 Late or Delayed Tenders

Any documents related to the Tender including the letter of discount, if any, received by the

Project Director of the General Consultant after the deadline for submission of tenders

stipulated in Item D2.1 will be returned unopened to the Tenderer

D4 Modification, Substitution and Withdrawal of Tenders

D4.1 Except where expressly permitted by these Instructions, the Tenderer shall not make or cause

to be made any alteration, erasure or obliteration to the text of the documents prepared by the

Employer and submitted by the Tenderer with or as part of his Tender

D4.2 The Tenderer’s modification or withdrawal notice shall be prepared, sealed and marked

“MODIFICATION” or ‘WITHDRAWAL” as appropriate, and submitted separately from the

Tender to the Employer at the address indicated in paragraph D1 above before the Tender

Closing Date

D4.3 No Tender shall be modified by the Tenderer after the deadline for submission of Tenders

D4.4 Withdrawal of a Tender during the interval between the deadline for submission of bids and

the expiration of the period of bid validity specified in the Letter of Tender shall result in the

forfeiture of the Tender Guarantee

E Tender Opening and Evaluation

E1.1 The General Consultant will open, in the name of the Employer, the tenders in the presence of

the attendants, regardless of the presence or absence of any invited tenderers, at 14.05 hour

on July 23, 2010 in the office of the General Consultant at:

35/11 D5 Street

Binh Thanh District

Ho Chi Minh City

The tenderers’ representatives who are present shall sign a register evidencing their

attendance

E1.2 Only tenders from the listed tenderers who have purchased the Tender Documents shall be

opened in alphabetical order of the tenderers’ names Tenders of the tenderers who have sent

their withdrawal notice before the Tender Closing Time and tenders received after the Tender

Closing Time shall not be opened but shall be returned unopened to the tenderers

E1.3 The sealing of tenders shall be checked before their opening The Technical Proposal will be

opened first and followed by the Financial Proposal Upon opening, the following major

contents of tenders shall be read out and recorded:

- Name of tenderer;

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- Number of originals and copies of the tender;

- Validity period of the tender;

- Tender price quoted in the Letter of Tender;

- Letter of discount, if any;

- Value, validity and form of Tender Guarantee;

- Written request for modification of the tender, if any; and

- Other relevant information

E1.4 The General Consultant will prepare a Minutes of Tender Opening including the information

disclosed to those present The representatives of the Employer, the General Consultant and

the tenderers shall sign the Minutes of Meeting

E1.5 After tender opening, each page of the original of each tender shall be initialed by the

representative of the General Consultant, and the tenders shall be handled as “confidential”

documents Tender evaluation shall be done on copies of tenders only

E2 Confidentiality of Tender Information and Copyright

The Tender Invitation Documents, as listed in paragraph B1 above, and any addenda thereto,

together with any further communications, are issued for the purpose of inviting tenders only

The Tenderer shall not disclose any information contained in the documents or otherwise

supplied in connection with this tender invitation to any third party except for the purpose of

preparing its Tender The Tenderer shall maintain complete confidentiality till the Contract is

awarded In the event that such confidentiality is breached, the Employer may reject the

Tender The Employer’s Drawings and documentation prepared by the Employer and the

General Consultants shall be used solely for the design of the works They shall not be used

in part, whole or altered form for any other purpose without the express permission in writing

of the Employer and the General Consultant The Tenderer shall sign and attach a letter of

undertaking attached in the Instructions to Tenderers – Annexure 4

Except for the public opening of the Tender, information relating to the examination,

clarification, evaluation and comparison of tenders and recommendations concerning award

of Contract shall not be disclosed to Tenderers or other persons not officially concerned with

such process

Any effort by a Tenderer to influence the Employer or the Employer’s Representative in the

process of examination, clarification, evaluation and comparison of tenders and in decisions

concerning the award of contract, may result in the rejection of the tender of the Tenderer

E3 Clarification of Tenders

To assist in the examination, evaluation and comparison of Tenders, the Employer or the

Employer’s Representative may, at his discretion, ask any Tenderer for clarification of his

Tender, including breakdown of prices The request for clarification and the response shall be

in writing or by facsimile, but no change in the price or substance of the tender shall be

sought, offered or permitted except as required to confirm the correction of arithmetic errors

discovered by the Employer in the evaluation of the tenders in accordance with paragraph E5

E4 Examination of Tenders and Determination of Responsiveness

E4.1 After tender opening, the Employer or the Employer’s Representative will conduct general

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evaluation of tenders in accordance with the details given in Annexure 5 to the Instructions to

Tenderers

E4.2 For the purpose of this Clause, a responsive Tender is one which conforms to all the

Employer’s terms, conditions and requirements of the Tender Documents, without material

deviation or reservation ”Deviation” may include exceptions, exclusions & qualifications A

material deviation or reservation is one which affects in any substantial way the scope, quality,

performance or administration of the works to be undertaken by the Tenderer under the

Contract, or which limits in any substantial way the Employer’s rights or the Tenderers

obligations under the contract as provided for in the Tender Documents and is of an essential

condition, the rectification of which would affect unfairly the competitive position of other

tenders at reasonable price Minor deviations will be noted

E4.3 If a tender is not substantially responsive to the requirements of the Tender Documents or if

the construction methods proposed by the Tenderer are considered impracticable, or if the

Tenderer fails to commit to the date specified for the completion of Line 1, the Tender will be

rejected by the Employer, and will not be subsequently be permitted to be made responsive

by the Tenderer by correction or withdrawal of the non-conformity

E4.4 The decision of the Employer or the Employer’s Representative as to which of the Tenders

are not substantially responsive or have impractical /defective design or construction

technology shall be final

E5 Examination of Tenders and Correction of Errors and Differences

E5.1 Tenders which have been evaluated as satisfying the basic requirements in technical

evaluation will be checked by the Employer for any arithmetic errors in computation and

summation during financial evaluation

E5.2 Errors and differences will be corrected and adjusted by the Employer in accordance with the

system defined in Item 5.1 of Annexure 5 of the Instructions to Tenderers

E6 Evaluation of Tenders

E6.1 Evaluation of tenders will be conducted in 4 steps: 1) General evaluation, 2) Technical

evaluation, 3) Financial and commercial evaluation, and 4) Ranking of tenders, as detailed in

Annexure 5 to the Instructions to Tenderers

E6.2 Technical Evaluation:

Only the tenders which have passed the general evaluation in accordance with Item E4 will be

retained for technical evaluation The contents of technical evaluation are shown in Annexure

5 to the Instructions to Tenderers The results of technical evaluation shall be approved by the

Employer and only the tenders which have passed the technical requirements will be retained

for financial evaluation

E6.3 Financial Evaluation:

The Employer reserves the right to accept or reject any variation, deviation or alternative offer

Variations, deviations, alternative offers and other factors which are in excess of the

requirements of the Tender Documents or otherwise result in the accrual of unsolicited

benefits to the Employer shall not be taken into account in tender evaluation

E6.4 In summary, only the tenderers who completely satisfy the following conditions will be

considered to be recommended for tender winning:

1 Having a valid tender;

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2 Being evaluated as satisfying the requirements for capabilities and experience;

3 Having the technical proposal evaluated as satisfying the requirements according to the

scoring system; and

4 Having the lowest evaluated price

E6.5 Details of the procedure and criteria for technical evaluation and financial evaluation are

provided in Annexure 5 to the Instructions to Tenderers

F Award of Contract

Subject to paragraph F2, the Employer will award the Contract to the Tenderer whose Tender

has been determined to be substantially responsive to the Tender Documents and who has

offered the Lowest Evaluated Tender Price, provided that such Tenderer has been

determined to be:

(i) eligible in accordance with the provisions of paragraph A3; and

(ii) qualified in accordance with the provisions of paragraph A6

F2 Notification of Tender Winning and Contract Negotiation

F2.1 Prior to expiration of the period of Tender validity or extended period pursuant to Item C19 of

the Instructions to Tenderers, and immediately after approval of the tender results by Ho Chi

Minh People’s Committee and the concurrence of JICA, the Employer will inform in writing the

tender results to all the Tenderers, without giving reasons for unsuccessful tenders

Then the Employer will send a written Notification of Tender Winning to the successful tender

and invite him to contract negotiation at the date specified in the Notification

F2.2 The successful Tenderer shall, within 14 days from the date of Notification of Tender Winning,

send a written notice of consent to the Notification and shall enter into contract negotiation

with the Employer at the date specified therein

Upon completion of contract negotiation, the Employer and the successful Tenderer will sign

a Consolidated Minutes of Contract Negotiation Results recording the outcome of their joint

discussions of the Tender These discussions will include a breakdown of the tender prices

such as the cost of materials, equipment, labour, transport, overheads and other relevant

charges This Consolidated Minutes of Contract Negotiation Results will constitute the agreed

basis upon which a contract could be concluded, and/or may include any clarification of any

alternative proposals that the Tenderer may have submitted The Consolidated Minutes of

Contract Negotiation Results (i) shall be binding on the Tenderer as an acceptable clarification

or amendment of his tender until the validity expires, (ii) shall be wholly subject to a

subsequent contract agreement and (iii) shall not bind the Employer nor commit him into

entering into any contract on any terms

F3 Notification of Contract Award and Signing of Contract Agreement

F3.1 Within 14 days from the issuing date of the Consolidated Minutes of Contract Negotiation

Results, the Employer will send the successful Tenderer a Notification of Contract Award

along with a draft Contract Agreement in the form provided in Schedule 1 to the Conditions of

Contract with such modifications as may be considered necessary Within 14 days from the

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ITT 27/27 Final

date of Notification of Contract Award, the successful Tenderer shall finalise and sign the

Contract Agreement with the Employer If the contractor is a joint venture, the Contract

Agreement shall be signed by all the partners of the joint venture

F3.2 The Contract Agreement will not come into force until concurrence of JICA is obtained The

Letter of Notice to Proceed will be issued within 35 days from the date of coming into effect of

the Contract Agreement

F4 Employer's Right to Accept any Tender and to Reject any or all Tenders

F4.1 The Employer is not bound to accept the lowest or any tender and may at any time by notice

in writing to the Tenderers terminate the tendering process in accordance with the regulation

in force

F4.2 The Tenderer should note in particular that without prejudice to the Employer’s other rights

under the Contract and the Tender Guarantee, the Employer may terminate the Contract

under Clause 15.2 of the Conditions of Contract in the event that the Tender is accepted but

the Tenderer fails to supply the Performance Guarantee or other specified documents or fails

to execute the Contract Agreement

F5 Performance Guarantee and Warranties

F5.1 The Performance Guarantee required in accordance with Clause 4.2 of the Conditions of

Contract shall be for 10% of the Contract Price, issued in the form of a certified cheque, letter

of credit, or a bank guarantee If the guarantee letter is provided by an overseas bank other

than Vietnamese bank, it must be issued through a branch in Vietnam or confirmed by a

Vietnamese bank having agency relationship with such bank Bond issued by a reputable

bonding, insurance or surety company as a form of Performance Guarantee is also

acceptable The Performance Guarantee shall be furnished by the successful Tenderer to the

Employer within 28 days of receipt of the Notification of Contract Award and before the

Contract Agreement becomes effective The Performance Guarantee shall be forfeited if the

Contractor refuses to execute the Contract after it becomes effective

F5.2 The Tenderer has to furnish other Guarantees, Undertakings, and Warranties, in accordance

with the provisions of the Conditions of Contract

F5.3 Failure of the successful Tenderer to comply with the requirements of paragraphs F4 and F5

shall constitute sufficient grounds for the annulment of the award and forfeiture of the Tender

Guarantee

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Ann1 1/9 Final

for

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Ho Chi Minh City Urban Railway Construction Project Annexure 1 to Instructions to Tenderers Ben Thanh – Suoi Tien Section (Line 1 Package 3– E&M, Rolling Stock, Trackwork, Maintenance

Annexure 1 – Requirements for Technical Proposals

1 The Tenderer’s attention is drawn to Clause 2 of the Employer’s Requirements – General

Specifications and to Clause 1 of the General Conditions of Contract in which terms are defined

2 The Tenderer’s Technical Proposals shall comply or, subject to reasonable development, be

capable of be complying with the Employer’s Requirements, in all respects The Tenderer’s Technical Proposals shall demonstrate such compliance The Tenderer’s Technical Proposals shall establish firmly the intended design and methodology, and, in accordance with paragraph 4.2 herein, the Specifications for the E&M, Rolling Stock, Trackwork, Maintenance and Training for knowledge transfer

3 The Tenderer shall refer to the Design Standards in Section 32 in General Specifications (GS)

(Volume 3) and in the Employer’s Requirements (Volume 4) When the Tenderer intends to use other standards and/or codes, the Tenderer shall demonstrate them to be equivalent to the standards shown in Section 32 GS (Volume 3) and in the Employer’s Requirements (Volume 4)

4 The Tenderer’s Technical Proposals shall cover:

4.1 structure of Railway System and sub systems including Train Control and Signalling

System, Telecommunication System, Platform Screen Doors (PSD), Facility SCADA, Rolling Stock, Power Supply System, Overhead Contact System, Track work, Depot and Workshop Equipment, Automatic Fare Collection System (AFC), Signage and Graphics;

4.2 plan, organisation and methodology to approach system integration for compliance

with the Employer’s Requirements;

4.3 plan, organisation and methodology to approach maintenance of Railway System

during the 5 years after the date of issue of the Taking Over Certification and additional maintenance supervision and/or works after the first 5 years if necessary; 4.4 plan to supply spare parts and consumable parts as necessary for the maintenance

work stated in 4.3;

4.5 calculation of Life Cycle Cost for each subsystem for its design life excluding cost of

driver and station staff

4.6 plan, organisation and methodology to approach knowledge/skill transfer for

maintenance of Railway System during 5years after commencement of revenue service;

4.7 plan to comply with requirements for disaster/fire prevention and control;

4.8 plan to comply with Electromagnetic Compatibility (EMC);

4.9 provisions for the following data and documents on transport planning;

4.9.1 transport capacity of the Railway System corresponding to the demand

forecast through the design life as defined in the Employer’s Requirements in Volume 4;

4.9.2 trip time from Ben Thanh Station to Suoi Tien Station and in the reverse

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direction without boarding and alighting time at stations;

4.9.3 calculation or simulation to comply with the minimum headway at terminal

stations and turn back stations;

4.10 provision of the following data and/or documents on Signalling System:

4.10.1 details of the national or international standards and codes used for system

design;

4.10.2 plan for demonstrating that the proposed Train Control and Signalling System

complies SIL4 stated in IEC 61508;

4.10.3 plan to demonstrate that the RAMS stated in IEC 62278 is satisfied and to

verify the RAMS plan by the certification body and/or internal audit;

4.10.4 schematic drawings of structure of the system and subsystems of the

proposed Train Control and Signalling System on main line and in the depot area and Operation Control Centre (OCC);

4.10.5 specifications for Train Control and Signalling System, and OCC;

4.10.6 list of spare parts and consumable parts;

4.10.7 list of special equipment and tools for maintenance;

4.10.8 details of the provisions to be made for interfaces with other Contract

Package Contractors;

4.10.9 preliminary provisions made for interfaces with Telecommunication System,

PSD, OCC, Rolling Stock and Power Supply System;

4.11 provision of the following data and/or documents on the Telecommunication System:

design;

4.11.2 schematic drawings of the proposed Telecommunication System;

4.11.3 specifications for the Telecommunication System;

4.11.4 radio frequency allocation for obtaining approval of the relevant authority; 4.11.5 list of spare parts and consumable parts;

4.11.7 details of the provisions required for interfaces with other Package

Contractors;

4.11.8 preliminary provisions made for interfaces with Train Control and Signalling

System, OCC, Facility SCADA, Rolling Stock, Power Supply System and AFC;

4.12 provision of the following data and/or documents on PSD:

design;

4.12.2 schematic drawings of the proposed PSD;

4.12.3 specifications for PSD;

4.12.6 details of the provisions made for interfaces with other Package Contractors; 4.12.7 preliminary provisions made for interface with Train Control and Signalling

System, OCC, Facility SCADA, Rolling Stock and Power Supply System;

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4.13 provision of the following data and/or documents for Facility SCADA:

design;

4.13.2 schematic drawings of the proposed Facility SCADA;

4.13.3 specifications for Facility SCADA;

4.13.6 details of the provisions made for interfaces with other Contract Package

Contractors;

System, OCC, Telecommunication System, Depot and Workshop Equipment and Power Supply System;

4.14 provisions the following data and/or documents on Rolling Stock:

design;

4.14.2 plan to demonstrate RAMS stated in IEC 62278 and to verify the RAMS plan

by certification body and/or internal audit;

4.14.3 specifications for Rolling Stock and Train Simulator;

4.14.4 drawing of the relationship between cross section and vehicle gauge on

straight line and on tangent track;

4.14.5 drawings of Rolling Stock as follows;

(1) train formation and general arrangement of each car showing principal dimensions;

(2) drawings of general layout showing all major features and equipment of interior, exterior, cab, roof and under floor;

(3) drawings of carbody structure outline;

(4) bogie with principal dimensions including bogie frame, primary suspension, secondary suspension, wheel set, brake equipment, traction motor and gear mounting;

(5) drawings of carbody cross section including interior panel and equipment;

(6) drawings showing coupler arrangement;

(7) drawings showing linkage, traction drive equipment, traction motor and gear mounting;

(8) preliminary schematic and block diagrams such as propulsion, brake, train control, door control and auxiliary system, air supply diagram, air conditioning, ATP/ATO and radio communication;

4.14.6 weight plan and calculation of height of centre of gravity, and calculation of

wind speed to turnover against side wind at sharpest curve under empty condition;

4.14.7 drawings indicating relationship between wheel profile and rail;

4.14.8 drawings to examine relative displacement of car body, gangway and coupler

on minimum radius curvature;

4.14.9 calculation of capacity including seats and standees to satisfy transport

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planning defined in Clause 4.9.1;

4.14.10 characteristics showing speed, traction power and electric braking forces for

3-car train and 6-car train;

4.14.11 performance showing acceleration, deceleration and maximum speed on

level and straight section with full loading;

Contractors;

System, Telecommunication System, PSD and Overhead Contact System; 4.14.16 drawings of general outline of train simulator and its performance;

4.15 provision of the following data and/or documents on Power Supply and Distribution

System:

4.15.1 national or international standards and codes used for system design; 4.15.2 total necessary power demand of receiving substations in 2040 to be

connected to the Power Supply Company in Ho Chin Minh City;

4.15.3 plan to demonstrate RAMS stated in IEC 62278 and to verify the RAMS plan

by certification body and/or internal audit;

4.15.4 schematic drawings of the proposed system and power SCADA;

4.15.5 specifications for Power Supply and Distribution System, and power SCADA,

wayside equipment and external lighting;

4.15.6 outline layout of each substation;

4.15.7 outline of cables and the specifications to which they comply;

4.15.8 drawings of cross sections of cable ducts or racks on elevated and

underground sections:

4.15.11 details of the provisions made for interface with other Contract Package

Contractors;

4.15.12 preliminary provisions made for interface with Train Control and Signalling

System, OCC, PSD, Facility SCADA, Rolling Stock, Power Supply System and AFC;

4.16 provision of the following data and/or documents on Overhead Contact System (OCS):

design;

4.16.2 schematic drawings of the proposed OCS;

4.16.3 specifications for OCS;

4.16.4 calculations to demonstrate that the OCS complies with demands in 2040; 4.16.5 list of spare parts and consumable parts;

4.16.7 details of the provisions made for interface with other Package Contractors; 4.16.8 preliminary provisions made for interfaces with other railway systems;

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4.16.9 drawings of outline design of OCS in underground section and on elevated

section, bridges, elevated stations, depot, workshop and transition sections between rigid and catenary section;

4.16.10 drawings of training facility for OSC maintenance;

4.17 provision of the following data and/or documents on Track work:

design;

4.17.2 schematic drawings of the track layout for main line and depot area;

4.17.3 specifications for Trackwork;

4.17.6 details of the provisions made for interface with other Contract Package

Contractors;

System, Rolling Stock and Power Supply System;

4.17.8 drawings of major components such as turn outs, scissors crossing,

expansion joint and track;

4.17.9 drawings of outline design of track in underground section and on elevated

section, bridge, depot and workshop;

4.18 provisions the following data and/or documents on Depot and Workshop Equipments:

design;

4.18.2 drawings of depot and workshop equipment layout;

4.18.3 flow of rolling stock maintenance for every inspection and heavy maintenance; 4.18.4 calculation of rolling stock maintenance capacity with assumptions of

manpower and period of maintenance works;

4.18.5 calculation of capacity of rolling stock wash plant 4.18.6 calculation of capacity of wheel grinding plant;

4.18.7 specifications for Depot and Workshop Equipments, and Infrastructure

Maintenance Vehicles;

4.18.8 list of equipment and specifications of depot and workshop;

4.18.9 drawings for infrastructure maintenance workshop equipment layout;

4.18.10 list of infrastructure maintenance vehicles and specifications;

4.18.11 calculation of maintenance capacity with assumptions of manpower and

period of maintenance works;

Contractors;

System, OCC, Facility SCADA, Rolling Stock, Power Supply System, OCS and Track Work;

4.18.14 estimates of electric power demand;

4.19 provisions for the following data and/or documents on AFC:

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