Digital Systems (DS) Program - Trackside Delivery Agreement - IPD-19-7822A

Contract Award Notice ID IPD-19-7822A

Publish Date 2-Dec-2020

Category Information and technology

Agency Transport for NSW

Particulars of the goods or services to be provided under this contract

The Trackside Package Contractor will undertake the Works for the Digital Systems Program for Deployment Area 1A (Sutherland to Cronulla) comprising the delivery phase of Trackside European Train Control System (ETCS) Level 2 elements and integration testing, including design, supply, install, configure, test, commissioning, training, bringing to service and handover of the signalling.

This contract has since been varied.

Original Contract Duration 30-Sep-2020 to 22-Sep-2043

Amended Contract Duration 30-Sep-2020 to 1-Jun-2025

Contract Award Notice Details

Contractor Name Siemens Mobility Pty Ltd
ACN 625304556
ABN 39 625 304 556
Is an Aboriginal or Torres Strait Islander owned business No
Street Address 160 Herring Road
Town/City Macquarie Park
State/Territory NSW
Postcode 2113
Country AUSTRALIA

Other private sector entities involved in, with an interest in or benefiting from this contract

Ultimate Parent Company: Siemens AG

Estimated amount payable to the contractor (including GST)

$55,817,671.00 (A project to be undertaken)

Amended estimated amount payable to the contractor (including GST)

$83,601,009.21 (A project to be undertaken)

Any provisions for payment to the contractor for operational or maintenance services

Not Applicable

Method of Tendering

Multi-Stage

Description of any provision under which the amount payable to the contractor may be varied

Clause 15.3 - Extension of Time

Clause 15.6 – Compensation Event

Clause 29.5 – Set off

Schedule 7 – Clause 5 (Staged Delivery, New Sows & Variations)

Schedule 11 – Fee Adjustments & Pain / Gainshare

Options for:

Digital Engineering Services
ULXs
System Integration Testing (T&M)

Description of any provisions under which the contract may be renegotiated

Not Applicable

Summary of the criteria against which the various tenders were assessed

Evaluation Criteria	Weighting
Delivery Approach • Demonstrates an effective delivery approach and program that is credible and ensures certainty in delivery. • Proposed methodology meets the Program Objectives, demonstrates robust risk mitigation, and reflects a collaborative approach to coordinating the Works with the Program’s stakeholders and Other Contractors of the Digital Systems Program with the ability to respond to change. • Demonstrates an effective approach to achieving successful delivery of the Contractor’s Activities with respect to safety, environmental, sustainability, community liaison, workforce development and industry participation. • Demonstrates ability to successfully and collaboratively deliver the Works by providing an effective project organisational structure comprising Key People with the right capability and capacity.	35
Risk Adjusted Whole of Life Price • The Proponent’s proposed whole of life price taking into account quantifiable relative difference in scope, commercial risks and impacts to TfNSW. • Reasonableness of proposed qualifications and potential impact of those qualifications.	40
Technical Solution and Technology Roadmap • Presents a technical solution that achieves the functionalities, interfaces, interdependencies, interoperability and operational benefits to meet the Program Objectives and is adaptable to network change. • The Proponent’s Trackside solution reflects TfNSW’s future transport vision by delivering a roadmap that enhances future capabilities, interfaces with other systems and integrates TfNSW into a global system of users.	15
Through Life Support Solution • The Proponent’s TLS methodology demonstrates a long term approach to successfully support the Trackside solution to achieve the performance outcomes as required by the specification, work collaboratively with Sydney Trains and enhance the future performance of the system. • Demonstrates an effective approach to achieving successful TLS with respect to safety, environmental, sustainability, community liaison, workforce development and industry participation. • The Proponent’s organisational arrangement and TLS organisational chart demonstrates the capability and effectiveness required to support the system over its life, including day-to-day support and longer term initiatives and research and development.	10

Contract Contains Agency 'PiggyBack' Clause

Yes

Industrial Relations Details for this Contract

Name of Sub-contractors (incl. ABN & ACN)

Not Applicable

Applicable Industrial Instruments

Not Applicable

Location of Work

Not Applicable

NSW Industrial Relations inspectors routinely audit the employment records of contractors and sub-contractors to all NSW Government contracts. The results of these inspections are published on the NSW Industrial Relations website.

Agency Contact Attn: Project Information Officer, Infrastructure and Place, TfNSW

State/Territory NSW

Country AUSTRALIA

Email Address ProcurementTeamContractDisclosure@transport.nsw.gov.au

Other Information

TfNSW Design and Construct contract.

Original contract price: $50,743,337.83 (excl. GST)
Original contract end date: 2-Feb-2024

This contract has been varied.

Variation 01-017: an additional $1,533,080.23 (excl. GST)
Variation 018, 019 & ADL-FN-01: an additional $1,366,428.75 (excl. GST)
Variation 20: an additional $1,170,981 (excl. GST)
Variation 21: an additional $300,000 (excl. GST)
Variation 22: an additional $261,149.81 (excl. GST)
ADL-FN-02: an additional $63,967.71 (excl. GST)
Variation 23: an additional $674,330.26 (excl. GST)
Variation 24: an additional $188,257.12 (excl. GST)
Variation 25: an additional $43,028.70 (excl. GST)
Variation 26: an additional $941,725 (excl. GST)
Variation 27: an additional $34,054.19 (excl. GST)
Variation 28: an additional $148,239.87 (excl. GST)
Variation 29: an additional $44,522.63 (excl. GST)
Variation 30: an additional $42,317.75 (excl. GST)
Variation 31: an additional $28,035.13 (excl. GST)
Variation 32: an additional $86,514.46 (excl. GST)
Variation 33: an additional $7,284.75 (excl. GST)
Variation 34: N/A
Variation 35: an additional $1,001,378.40 (excl. GST)
Variation 35a: an additional $500,000 (excl. GST)
Variation 36: an additional $3,977,582 (excl. GST)
Variation 37: N/A
Variation 38: an additional $37,861.50 (excl. GST)
Variation 39: an additional $168,448.18 (excl. GST)
Variation 40: an additional $445,055.90 (excl. GST)
Variation 41: an additional $149,289.95 (excl. GST)
Variation 42: an additional $105,664 (excl. GST)
Variation 43: an additional $1,194,638.75 (excl. GST)
Variation 44: N/A
Variaiton 45: an additional $73,000 (excl. GST)
Variation 46: N/A
Variation 47: an additional $1,102,872.74 (excl. GST)
Variation 48: an additional $120,381 (excl. GST)
Variation 49: an additional $112,036 (excl. GST)
Variation 50: an additional $39,965.62 (excl. GST)
Variation 51: a reduction of $27,769.96 (excl. GST)
Variation 52: a reduction of $28,946.06 (excl. GST)
Variation 53: an additional $420,860.64 (excl. GST)
Variation 53a: an addtiional $350,000 (excl. GST)
Variation 53b: an additional $236,460.36 (excl. GST)
Variation 54: an additional $293,300.74 (excl. GST)
Variation 55: an additional $14,291.23 (excl. GST)
Variation 56: an additional $601,647.65 (excl. GST)
Variation 57: an additional $800,629.00 (excl. GST) and revised completion date of 12-Nov-24
Variation 58: N/A
Variation 59: an additional $40,137.85 (excl. GST)
Variation 60: an additional $1,034,365 (excl. GST) and revised Date for Completion of 1-Jun-2025

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.

Particulars of future transfers of assets to the State, at zero or nominal cost to the State, including the date of their transfer

Not Applicable

Particulars of future transfers of assets to the contractor including the date of their transfer

Not Applicable

The results of any cost-benefit analysis of the contract conducted by the agency

Not Applicable

The components and quantum of the public sector comparator if used

Not Applicable

If relevant, a summary of information used in the contractor's full base case financial model (for example, the pricing formula for tolls or usage charges)

Not Applicable

If relevant, particulars of how risk, during the construction and operational phases of a contract to undertake a specific project (such as construction, infrastructure or property development), is to be apportioned between the parties, quantified (where practicable) in net present-value terms and specifying the major assumptions involved

Risk in the construction phase for the Trackside subsystem is primarily tied to the Contractor meeting agreed criteria for several lump sum payment Milestones, with a cost/margin risk split between TfNSW and the Contractor for the preliminary design phase. Foreign exchange risk is with the Contractor for the duration of the Works.

During the Systems Integration Testing phase the Contractor will be remunerated on time and materials basis at an agreed schedule of rates.

Particulars as to any significant guarantees or undertakings between the parties, including any guarantees or undertakings with respect to loan agreements entered into or proposed to be entered into

Not Applicable

Particulars of any other key elements of the contract

Not Applicable

A web site address which provides direct access to the complete contract less confidential information

https://www.transport.nsw.gov.au/industry/contracts-awarded

Has the contract or any provisions within it been withheld from this disclosure under the exemptions provisions of the GIPA Act Section 32? (YES or NO)

Yes

If yes to the above, what are the reasons why the contract, or provisions therein, have not been provided?

Reasons for withholding this information are set out in the Redaction Schedule published on the TfNSW website with a redacted copy of the Contract. They include:

• section 32(1)(a) commercial-in-confidence provisions of a contract

• section 32(1)(c) public safety or security

• section 32(1)(d) overriding public interest against disclosure, then choose relevant reason, such as:

• 3(a) personal information

• 3(b) Information Protection Principles (IPPs)

• 2 Responsible and effective government

• 4 Business interests

If yes to the above, is it intended that the contract or those provisions be published at a later date, and if so, when?

If yes to the above, when some but not all provisions of the contract have been published, a general description of the types of provisions that have not been provided

A general description of the information that has been redacted from the Contract is set out in the Redaction Schedule published on the TfNSW website with a redacted copy of the Contract. This includes: financial information, third party personal information, privacy principles, public safety or security and third party intellectual property.