Contract Award Notice Details
Contractor Name Downer EDI Rail Pty Limited
ACN 000002031
ABN
92 000 002 031
Is an Aboriginal or Torres Strait Islander owned business No
Street Address Triniti Business Campus 39 Delhi Road
Town/City North Ryde
State/Territory NSW
Postcode 2113
Country AUSTRALIA
Not Applicable
$1,700,000,000.00 (Goods or services supplied)
$2,947,944,893.00 (Goods or services supplied)
ISD-16-5312B Through Life Support (TLS) Deed is a contract for maintenance services.
Limited
Delivery Deed
Clause 21 TfNSW initiated Variations
Clause 22 Supplier initiated Variations
Clause 19.9 Moneys owing and Set Off
Clause 20 Option Sets
Through Life Support Deed
Clause 20.3 Performance Regime
Clause 22 Payment Terms
Clause 23 Option Sets
Clause 24 TfNSW initiated Variations
Clause 25 Supplier initiated Variations
Schedule 26 Delivery deed options
Maintenance Facility Deed
Clause 6 Variations
Clause 11. Payment
There are no express provisions under which the contracts may be renegotiated, however the deeds include the following clauses:
Delivery Deed
Clause 46.4 The deed may only be varied by a deed executed by or on behalf of both parties.
TLS Deed
Clause 51.4 The deed may only be varied by a deed executed by or on behalf of both parties.
Maintenance Facility Deed
Clause 17.16 The contract may only be varied by a document signed by or on behalf of the Principal and the Contractor.
Summary of the criteria against which the various tenders were assessed
| Evaluation Criteria | Weighting |
|---|---|
1. Train Solution The extent to which the Proponent's Proposal and proposed train solution is acceptable to Transport for NSW (TfNSW). |
|
2. Delivery Solution The extent to which the Proponent's approach to the delivery of the Sets demonstrates certainty of achieving TfNSW's requirements. |
|
3. Maintenance Facility The extent to which the Proponent's solution for the Maintenance Facility upgrade is acceptable to TfNSW. |
|
4. Through Life Support Solution The extent to which the Proponent's solution for Through Life Support is acceptable to TfNSW. |
|
5. Safety, Environmental and Sustainability Management The extent to which the Proponent's solution demonstrates a commitment to work health and safety, sustainability and environmental outcomes and certainty of achieving Rail Safety Accredition. |
|
6. Recent performance on Comparable Contracts Evidence of the Proponent's ability to work effectively with Government and/or comparable major clients. |
|
7. Commercial Acceptability to TfNSW The extent to which the Proponent accepts TfNSW's risk profile and proposed terms and condidtions. |
|
8. Comparative Cost The Proponent's whole of life comparative cost, taking into account quantifable relative differences in technical solution, commercial risks and impacts to TfNSW. |
|
Other Considerations In evaluating a Proposal TfNSW may take into account any other matters, including: (a) any matters which are identified by the Request For Proposal as being a matter for consideration; (b) contractor performance reports generated under the NSW Government Guidelines for "Contractor Performance Reporting and Exchange of Reports between Government Agencies" dated 1 December 2004; (c) referee or other checks of personnel proposed for the Project; (d) the information provided by the Proponent in response to the RFI; (e) changes since the RFI; (f) any responses provided by the Proponent to requests for clarification sought by TfNSW in accordance with section 4.3.6 of the RFP Volume 1; (g) meetings/workshops, if any, undertaken in accordance with section 4.3.2 of RFP Volume 1; (h) the information provided in the Proposal; (i) financial assessments; and (j) any other information that TfNSW considers relevant. |
No
Refer to significant contractors contained in the Delivery Deed Schedule 5.
Not Applicable
Various
Agency Contact Attention: Project Information Officer, Infrastructure and Place, TfNSW
State/Territory NSW
Country AUSTRALIA
Email Address ProcurementTeamContractDisclosure@transport.nsw.gov.au
The amended amount includes options and variations to date. The option set notice was for the production of a further 17 sets.
The disclosed contract value represents the contract price plus an additional 10% for GST. This value may be overstated if GST does not apply to all parts of the contract.
Not Applicable
Not Applicable
Commercial-in-confidence; Cabinet information.
Not Applicable
Commercial-in-confidence.
Commercial-in-confidence.
Parent company guarantee has been received. There are no loan agreements.
Not Applicable
Section 32(1)(a) - commercial in confidence provisions of a contract
Section 32(1)(d) - overriding public interest against disclosure (Table to section 14 - 3(a) Personal information; 4 Business interests of agencies and other persons)
It is not intended to publish commercial-in-confidence information at a later date.
Confidential information, including information identified in the deeds as Commercially Sensitive Information and other information for which there is an overriding public interest against disclosure. This includes:
- detailed price information;
- signature images;
- confidential technical details of the Supplier's technology;
- key performance indicator payment details;
- price structure for option sets;
- warranty duration;
- Train Solution of the Supplier's proposal; and
- Through Life Support Solution of the Supplier's proposal.
