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New Intercity Fleet (NIF) - Rollingstock Delivery - Project Deed - TPD-14-3841

Contract Award Notice ID TPD-14-3841
Publish Date 22-Nov-2016
Category Trucks, Trains and Buses
Agency Transport for NSW
Particulars of the goods or services to be provided under this contract

Design, development, manufacture, testing, commissioning, supply and delivery of new passenger trains.

Further details of this contract can be found on the Transport for NSW website.

Original Contract Duration 18-Aug-2016 to 31-Aug-2034
Amended Contract Duration 18-Aug-2016 to 18-Dec-2035

Contract Award Notice Details

Contractor Name Hyundai Rotem Company, Mitsubishi Electric Australia Pty Ltd and UGL Rail Service Pty Limited
ACN -
ABN Exempt - Other
ABN Exempt Reason Unincorporated Joint Venture - see below for individual company details
Is an Aboriginal or Torres Strait Islander owned business No
Street Address Sydney
Town/City Sydney
State/Territory NSW
Postcode 2000
Country AUSTRALIA


Related RFT ID
TPD-14-3841


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

Hyundai Rotem Company (Registration Number 194211-0036336)

Mitsubishi Electric Australia Pty Ltd (ABN 58 001 215 792)

UGL Rail Services Pty Limited (ABN 58 000 003 136)

Estimated amount payable to the contractor (including GST)

$2,300,000,000.00 (Goods or services supplied)

Amended estimated amount payable to the contractor (including GST)

$3,164,576,187.61 (Goods or services supplied)

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

Yes - see Project Deed

Method of Tendering

Multi-Stage

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

Clause 22 - Payment for Delivery Activities

Clause 23 - Payment for Maintenance Services

Clause 27 - Variations

Clause 29 - Relief Events

Description of any provisions under which the contract may be renegotiated

There are no express provisions within the NIF Project Deed under which it may be renegotiated.

However the NIF Project Deed does include the following clauses:

  • Clause 9.3 - provision of updated project plans (see cl 9.3)
  • Clause 13.5 - the ability of TfNSW to cancel or change agreed network access rights
  • Clause 26.1 -  RailCorp (or TfNSW on behalf of RailCorp) may exercise options
  • Clause 27 - either party may initiate variations
  • Clause 32 - TfNSW has certain step-in rights
  • Clause 34 - TfNSW has the right to terminate certain separable portions rather than the Deed as a whole
  • Clause 54.4 - the Deed may only be varied by a deed executed by or on behalf of each party.

Summary of the criteria against which the various tenders were assessed

Evaluation Criteria Weighting

1. Customer Focused Outcomes

The extent to which the Tenderer's overall solution will consistently deliver safe and sustainable high quality Customer experience outcomes (as outlined in section 2.5 of the RFT Volume 1), including passenger capacity, comfort, human factors integration and amenity.

2. Safety, Environmental and Sustainability Management

The extent to which the Tenderer's solution demonstrates:

  • a commitment to Work Health and Safety, corporate and social responsibilitiy, sustainability and environmental outcomes;
  • effective safety assurance;
  • certainty of achieving Rail Safety Accreditation; and
  • an appropriate approach to safety over the Contract Term.

3. Technical Solution

A.  The extent to which the Tenderer's Train solution meets TfNSW technical and performance requirements, including:

  • train journey times, including dwell times;
  • network interfaces;
  • energy consumption; and
  • the complexity of any configuration change to meet TfNSW's Scope and Performance Requirements; and

B.  The extent to which the Train simulators meet TfNSW technical and performance requirements.

4. Delivery Solution

The extent to which the Tenderer's approach, including program, organisational structure, delivery plans and strategy, demonstrates certainty achieving TfNSW requirements, including:

  • delivery of Trains into operational service, including design, manufacture, testing and commissioning;
  • delivery of simulators; and
  • completion of MFI Works at the Maintenance Facility.

5. Asset Management Solution

The extent to which the Tenderer's approach and asset management solutions, including Asset Management Plan, Asset Management System, facilities concept design, Maintenance Facility Equipment and organisational structure:

  • support the achievement of TfNSW's operational requirements, including consistently achieving high levels of availability and reliability;
  • ensures Trains, Simulators, Maintenance Facility and other Assets are managed and maintained on a whole of life basis consistent with the design and technical solutions; and
  • provide for Trains, Simulators, Maintenance Facility and other Assets to be effectively and efficiently handed over in an appropriate condition at the End Date.

6. Commercial Acceptability to TfNSW

The extent to which the Tenderer complies with the the RFT Volume 3 (Project Deed) and the impact of any proposed departures.

7. Financial Sustainability of the Tenderer

The financial strength of the Tenderer and its key risk-bearing entities.

Other considerations

In accordance with section 10.3 of RFT Volume 1, in addition to the above Evaluation Criteria TfNSW may take into account any other matters, including, but not limited to:

  • any matters which are identified by RFT Volume 1 as being a matter for consideration;
  • contractor performance reports generated under the NSW Government Guidelines for "Contractor Performance Reporting and Exchange of Reports between Government Agencies";
  • referee or other checks of personnel proposed for the Project;
  • the information provided by Tenderers in response to the EOI;
  • changes since the EOI (Returnable Schedule A3 of RFT Volume 2);
  • any responses provided by Tenderers to requests for clarification sought by TfNSW in accordance wiht section 9.3.2.3 of RFT Volume 1;
  • presentations and interviews, if any, undertaken in accordance with sections 9.3.2.1 of RFT Volume 1;
  • reference checks and site visits, if any, performed by TfNSW or its advisors in accordance with section 9.3.2.2 of RFT Volume 1;
  • financial assessments; and
  • any other information that TfNSW considers relevant.
Contract Contains Agency 'PiggyBack' Clause

No


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 Attention: Project Information Officer, Infrastructure and Place, TfNSW

State/Territory NSW

Country AUSTRALIA

Other Information

Original Contract Value: $2,090,909,090.91 (excl. GST)
Original Completion Date: 31-Aug-2031

Revised Contract Value: $2,876,887,443.28 (excl. GST)
Revised Completion Date: 18-Dec-2035

The disclosed contract value represents the cumulative contract price of all engagements, including variations (if applicable), 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

Commercial-in-confidence and Cabinet information.

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)

Commercial-in-confidence

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

Commercial-in-confidence

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

Parent Company Guarantees have been received from the Suppliers' parent entities.

No loan agreements.

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
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?

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

32(1)(d) - overriding public interest against disclsoure

(Table to section 14: 1 Responsible and effective government; 3(a) personal information; 4 Business interests of agencies and other persons)

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

Commercial-in-confidence information is not intended to be published at a later date.

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

Information not published includes, but is not limited to, the following confidential information:

  • Supplier's financing arrangements for the Project;
  • Supplier's cost structure or profit margins;
  • Terms and conditions of the consortium agreement;
  • Base Case Cost Model;
  • Any Intellectual Property Rights to be used by Significant Contractors for train body design, train management systems and technical maintenance plan; owned by the Supplier or its Associates; and source code and escrow information;
  • Concept Design;
  • Various management plans.