MINUTES OF THE SECOND PRE-BID MEETING HELD AT D&D …

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MINUTES OF THE SECOND PRE-BID MEETING HELD AT D&D CENTRE/ICF ON 04.11.2017 REGARDING ALUMINIUM CAR BODY

TRAIN SET (TRAIN-20)

PRESENT (S/SHRI)

Name (S/SHRI) Designation Name (S/SHRI) Designation

ICF FIRMS

S. MANI GM M/s.STADLER

L.C. TRIVEDI CME STEFAN Sales Director

K.S. ASLA FA&CAO/P KARSTEN WAGNER

S.P. VAVRE CDE/ELEC.

S.SRINIVAS CDE/MECH M/s.MEDHA

AMITABH SINGHAL Dy.CEE/I N.SRINIVAS REDDY ED (Mktg.)

MD. FAISAL Dy.FA&CAO/S D. SRIKANTH KIRAN AGM

T.DILIP KUMAR Dy.CME/D-II P.VISHNU Sr. Engineer

B.CHANDRASEKARAN Dy.CME/DSD

N. UDAYAKUMAR SME/DSS

Smt.V. ALAMELU Sr.AFA/Shell M/S.BOMBARDIER

AKHILESH SINGH Manager Engg. & Bids

FIRMS

M/s.SIEMENS M/s.TALGO

S.KESHAVA PRASAD Vice President Elena Gaccia Rui Technical Manager

TILAKRAJ SETH Executive Vice President

Ranjit Thakur Kam (India)

PRASAD ATHAVALE CRRC ZELC M/s.TITAGARH

WANG JINSHENG Sr. Regional Manager

PIYUSH BHARADWAJ

M/S.BHEL M/S.ABB

A.K. DAS C. VASAN Manager/ Mktg.

In continuation to the Pre-bid meeting held on 04.11.2017, the second pre-bid meeting was conducted and the following points are

the queries of the firms and ICF's remarks.

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In reference to pre-bid meeting held on 04.11.2017, the Minutes of the Meeting and Corrigendum-04 are

enclosed. Minutes of Meeting are for reference of the bidders. Corrigenda only will form part of the bid

documents.

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M/s.STADLER & M/s.MEDHA

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Comment on Tender Document from Stadler & Medha 2nd Pre Bid

Sl. No. Clause Description Modified Clause (Suggestion from Medha/Stadler for re-writing the clause) 2nd pre bid conference

Comments by ICF

1 4.1 Instructions to Bidders

5.1.28 “Associate” or “Affiliate” means, in relation to either Party {and/or Consortium Members}, a person or company who controls, is controlled by, or is under the common control with such Party {or Consortium Member} (as used in this definition, the expression “control” means, with respect to a person which is a company or corporation, the ownership, directly or Please add accordingly

In the bracketed part of definition - The "Person" is defined with respect to Company as well as for which is not company - so proposed addition is not required. No Change is envisaged.

2 4.1 lnstructions to Bidders

Change in composition of the Consortium 1.1 Where the bidder is a Consortium, the composition of the Consortium may undergo a change (before or after the bidding stage) without the approval of the ICF, where: (a) the Lead Member continues to be the Lead Member of the Consortium; (b) the substitute is at least equal, in terms of technical capacity, to the Consortium member who is sought to be substituted and the modified Consortium shall continue to meet the pre-qualification and shortlisting criteria for applicants, or the substitute is an Associate of the Consortium member who is sought to be substituted; and (c) the new member(s) expressly adopt(s) the application or bid already

The Modification Pointed out by the Firm is not related to the clause. Change in Consortium is Dealt by Clause 4.5.8. Change in consortium is not permitted without approval of ICF.

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Comments by ICF

made on behalf of the Consortium as if it were a party to it originally, and is not an applicant/member/ associate of any other Consortium bidding for the project. 1.2 Any change in the composition of the Consortium not meeting the requirements set forth in Clause 1.1 above must be approved by the ICF in writing. 1.3 The modified/ reconstituted Consortium shall execute and submit a revised JV /Consortium agreement to the ICF. We note the Bidders are entitled to rely upon the technical qualifications of affiliates, accordingly, we understand that transfers inter-se associates should not be violative of the Change in Consortium requirements. Therefore we suggest to replace the wording as suggested

3 5.1.0

In the event of any conflict between the GCC-2014and contents of various chapters/contents/clauses of these documents, the latter shall prevail. The contract shall be governed

Best thanks for clarification, nevertheless as in many cases it is not clear if the Bid Document (SCC clause) replaces the GCC clause in its entirety or

The Bid Documents clear specifies that "In the event of any conflict between the GCC-2014and contents of various chapters/ contents/ clauses of these documents, the latter shall prevail." Where the clauses are complimenting or meaning the same , such clauses co-

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Comments by ICF

by the provisions of the GCC-2014 modified to the extent of provisions of these documents. The following terms and expressions as used in this Contract shall have the meaning hereof assigned to them except where the context otherwise requires:

partially or is in addition to, the contract will will finally result in a wide range of ambiguities. Therefore please add attached Document (MAPPING OF THE CLAUSES OF GCC AND SCC)

exist. Hence attaching the mapping document is not felt necessary.

4 4.8.3

In case the contract is rescinded, the security deposit would be forfeited and the performance guarantee shall be encashed and the balance work shall be got done independently without risk & cost of the failed contractor. The failed contractor shall be debarred from participating in the tender for executing the balance work. If the failed contractor is a JV or a partnership firm or constituent , then every member/partner of such a firm shall be debarred from participating in the tender for the balance work either in his/her individual capacity or as a partner of any other JV/Partnership firm. Note: Other conditions regarding SD shall be

In case the contract is rescinded, due to reasons attributable to default of the Contractor the security deposit would be forfeited and the performance guarantee shall be encashed and the balance work shall be got done independently without risk & cost of the failed contractor. The failed contractor shall be debarred from participating in the tender for executing the balance work. If the failed contractor is a JV or a partnership firm or constituent , then every member/partner of such a firm shall be debarred from participating in the tender for the balance work either in his/her individual capacity or as a partner of any other JV/Partnership firm. The remedies set forth in this Clause 4.8.3 shall be sole and exclusive remedy of ICF for such breach, termination and/ or recession. Please add accordingly

No Change is Envisaged

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Comments by ICF

governed by the provisions of the GCC-2014 with the latest Addendem& Correction slips.

5 5.1.28 new definition

"Minor Deficiency" shall mean deficiencies that that do not materially affect the intended use or operation, or the overall safety of the Trains. There needs to be certainty in the issuance of the completion certificate, given that there are payment obligations linked to its issuance. Accordingly, consistent with market practise, minor pending works that do not affect the intended use or operation, or the overall safety of the works, should not be grounds for witholding of the completion certificate. Needless to say it ICF would continue to have the ability to determine whether a particular deficiency is in fact a minor deficieincy. We would accordingly suggest to add this definition of "Minor Deficiency"

No Change is Envisaged

6 5.1.29 new definition

Amended version without clause f.) is acceptable to Bidder, if query in regard to clause 5.34.0 is acceptable to ICF

No Change is envisaged

7 5.1.31 new definition 5.1.33 “Change in Ownership” means a transfer of the direct and/or indirect legal

Correct clause is 5.1.33. Modified clause added as part of Corrigendum

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Comments by ICF

or beneficial ownership of any shares, or securities convertible into shares or a fresh issue of any of the foregoing, that causes the aggregate holding of the {Selected Bidder/Consortium Members/promoters}, together with {its/their} Associates in the total Equity to decline below (i) 51% (fifty one per cent) thereof during the Supply Period, and (ii) 26% (twenty six per cent) thereof, or such lower proportion as may be permitted by the Government during the remaining Agreement Period; provided that any material variation (as compared to the representations made by or on behalf of the Company during the bidding process for the purposes of meeting the minimum conditions of eligibility or for evaluation of its application or Bid, as the case may be,) in the proportion of the equity holding of {the Selected Bidder/ Lead Member} to the total Equity, if it occurs prior to the expiry of the Supply Period, shall constitute Change in Ownership. Any direct and/or indirect transfer of legal or beneficial ownership of any shares, or securities convertible into shares, (i) such that the Consortium Members cease to collectively hold a minimum of 51% (fifty one per cent) of the subscribed and paid-up Equity of the Company, or (ii) by any Consortium Member whose technical and/or financial capacity was evaluated for the purposes of pre-qualification and short-listing in

-04.

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Comments by ICF

the technical bid evaluation, that results, or may result, in such member ceasing to hold Equity less than; (a) 26% (twenty six per cent) of the Equity; or (b) the higher of Rs. 50 cr (Rupees fifty crore) and 5% (five per cent) of the total project cost, till the expiry of the Supply Period, shall constitute a Change in Ownership. "Change in Ownership" refers to any situation in which any entity acquires more than 50% of the voting and economic interest of the successful bidder/consortium member. The original definition appears to be geared towards PPP projects such as Madhepura, Marhowra or Kanchrapara, where the Goverment also is a shareholder. In the case of this project a much simpler wording is more appropriate and practical for all sides.

8 5.2.1.7

(vii) Painting activity of the coaches.- Necessary Painting facility shall be setup by the contractor. Painting shall be carried out by the successful bidder either by themselves or through a reputed contractor to be engaged by them.

If the paint facility is not in the scope of ICF, it will be depreciated over the project life and fully priced into the vehicle price. Please confirm this understanding.

Paint facility has to be provided by the successful bidder.

9 5.2.1.22 The Successful Bidder shall, at 5.1.29 “Applicable Laws” means all Modified Clause 5.1.30 added as part

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Comments by ICF

v. its own cost and expense, in addition to and not in derogation of its obligations elsewhere set out in this document: a) make, or cause to be made, necessary applications to the relevant Government Instrumentalities with such particulars and details as may be required for obtaining Applicable Permits, and obtain and keep in force and effect such Applicable Permits in conformity with Applicable Laws;

laws, brought into force and effect by GOI or the State Government including rules, regulations and notifications made there under, and judgements, decrees, injunctions, writs and orders of any court of record, applicable to this Agreement and the exercise, performance and discharge of the respective rights and obligations of the relevent Partyies hereunder, as may be in force and effect during the subsistence of this Agreement; 5.1.30 “Applicable Permits” means all clearances, licences, permits, authorisations, no objection certificates, consents, approvals and exemptions required to be obtained or maintained under Applicable Laws in connection with the manufacturing/assembly of Trainsets at ICF and operation and maintenance of the Maintenance Depot and Trainsets, as the case may be, during the subsistence of this Agreement;

Given that the definition of Applicable Law relates to corresponding obligations to comply with such applicable laws, and obtaining applicable permits for clarity the following change may be suggested: Further given that maintenance and correspondingly Maintenance Depots are not an express part of this

of the corrigendum-04.

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Comments by ICF

Agreement, but rather contemplated to be covered under a seperate agreement, the oblgiation to obtain applicable permits for the same need not be incorporated in this Agreement, and may be better placed in the relevant maintenance agreement. Accordingly, the following change may be proposed to the definition of Applicable Permits:

10 5.2.2.1 (i)

Two bays 400 m X 20 m(approx.), fully equipped with cranage (two 20ton capacity per bay), illumination, pneumatic points, electrical sources and other service points, including welding machines, gas lines , shall be earmarked for manufacture within the premises of ICF. In case of additional requirement of EOT cranes, the bidder can submit the requirement to ICF with justification for requirement of additional EOT cranes.

We understand that this refers to the two southernmost bays out of the totally four bays currently being constructed in the south of the LHB Hall. These two bays are immediately next to two storage sheds on the Eastern end of the bays, which is vital for an efficient flow of production. Please confirm this understanding.

As per the Plan of the Project , it is the Northern Bays that have been earmarked. Same is evident from the Site Plan at Chapter- VII.

11 5.2.2.1 (iii)

One warehouse with cranage, in proximity of the said shed in the premises of ICF, shall be earmarked for storage of materials connected with manufacture of train sets. Also separate covered space on the western side of the traverse is earmarked for this project

One storage shed for trains and one warehouse to be provided immediately next to the two bays earmarked for assembly. Please confirm this understanding.

Understanding is not as per the Project Plan. May please refer SITE PLAN at Chapter - VII.

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Comments by ICF

12 5.2.2.1 (x) Additional Clause

Commissioning Facilities Bidders understanding is that beside the space for car level commissioning in the assembly bay ( as per (i) following further space will be earmarked for this project: - further 4 EMU spaces (4 cars each EMU) outside the assembly bay in the commissioning area. - additionally space for 1 complete trainsset (20cars) as a buffer area - electrified tracks for dynamic testing of 1 complete trainset (20 cars)

Existing facility in ICF allows only for Static Testing of 20 car trainset. However Dynamic testing will be carried out in the Mainline electrified track.

13 5.2.2.4 Expected manpower deployment

We understand that the graph shows the minimum proportion of Contractors manpower to be deployed.

Yes

14 5.16.0

Production by ICF after 291 coaches – c) The Carbody Jig which shall be setup by the contractor will be continued to be used by ICF after the contract for manufacturing of similar train sets/coaches. However the Jig shall be utilized by ICF if 80% of the components of the coachcarbody are sourced from the Ccontractor or the

a) In all likely hood, ICF may carry on production of trainsets after 291 coaches. The contractor is required to give atleast two sources (which may include the contractor itself) for each item. b) However the contractor can give an exception list where he or identified source shall be the sole supplier, which may cover the following items: (i) carbody components

Modified clause added as part of Corrigendum-04

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Comments by ICF

sources given by the contractor. This condition shall cease to be applicableafter 10 years from the date of completion of contract or 1000 coaches whichever is earlier. However other Machinery and Plant setup by the contractor will remain the sole property of ICF.

(II) complete bogie (iii) traction equipment (iv) braking equipment (v) door system (vi) ... c) The Carbody Jig which shall be setup by the contractor can be continued to be used by ICF for the manufacturing of further trainsets/coaches under the condition that 75% the total value of such trainsets/coaches are sourced exclusively from the Contractor. This condition shall cease to be applicable. After 10 years from completion of Contract or after additional 1000 cars, whichever is earlier, However other Machinery and Plant setup by the contractor will remain the sole property of ICF. We understand that the present contract is not a transfer of technology arrangement, and accordingly use of the car body jigs, would need to be conditioned by an overall arrangement between the Contractor and ICF, and cannot be linked to potential sourcing from third parties (even if the same are so identified by the Consortium).

15 5.17.0

Any supply and services as set forth hereinabove and which might not be specifically mentioned in this Contract

The performance of the trainsets, is a factor of not only the supply, but also the operation and maintenance, as also

No change is envisaged

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Comments by ICF

under the scope of work of the Contractor and which are not expressly excluded but which are necessary for the performance of the coaches in accordance with the specifications and can be construed as being part of the Contractor’s scope, shall be provided for and rendered by the Contractor without any extra cost.

the conditions of their actual use. Given that this agreement is only covering the manufacture and consequent supply, we would request that this Clause be limited accordingly.

16 5.20.0, c)

The Contractor is responsible for the total scope of work starting from design and manufacture till the Trainsets are successfully commissioned and warranty thereof. The break-up of the contract price is only for the purpose of release of payments to the Contractor for the various activities involved in respect of this contract and this cannot be construed as full and final payment in respect of each activity for which such break-up is given. In the event of the Contractor failing to fulfill all his contractual obligations till successful commissioning of 14trainsets and spare coaches, the Contractor shall be liable for

The remedy for any incomplete or deficient work under is already detailed in the contract, viz-a-viz an a right of the ICF to reject, and the Contractor's obligation to rectify the relevant defect, under Clause 5.42.0 . Additionally, ICF also has the right to forfeit the performance security under Clause 4.8.3. The present provision in Clause 5.20.0 (c) is exceeding onerous, and potentially might result in the Contractor being deprived of the entire payments under the contract for relatively smaller defects, and as such a provision of this nature is entirely unprecedented and extremely prejudicial. We would request that this provision be deleted in its entirity.

Modified clause added as part of corrigendum-04.

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Comments by ICF

forfeiture of all the amounts received under this contract, without prejudice to such rights and remedies which are available under this contract for ICF and the Contractor.

17 5.23.2, a)

The Liquidated Damages payable due to non fulfillment of performance guarantee shall be in addition to LD for non-fulfillment of time schedule (as per GCC-2014).

5.23.2 Total liability for delay and for non-fulfillment of Performance Parameters: a.) The Liquidated Damages payable due to the non fulfillment of Performance Parameters shall be in addition to the LD for delay (as per 5.23.1) b.) The total LD liability towards non-fulfillment of Performance Parameters and for delay (as per 5.23.1) shall be limited to 10% of the total contract value please clarify the wording accordingly Please also refer to our comment under 5.60.0


18 5.23.4

Delivery of the trainset shall be considered as completed when all equipment including spares and drawings / documents as per details given in tender specifications have been manufactured/supplied by the Contractor and duly certified by ICF.

Delivery of the trainset shall be considered as completed when delivery in accordance with mutually agreed timeline as per Clause 5.62.2 is fullfilled all equipment including spares and drawings / documents as per details given in tender specifications have been manufactured/supplied by the Contractor and duly certified by ICF.


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Comments by ICF

We like to repeat our request to change this clause. Delivery of trainsets shall only be for trainsets and payments as per clause 5.28.0 V...XVL for each trainset shall be released upon delivery of each trainset. As per clause 5.29.0 there is a separate balance payment, once all other delivery obligations have been fullfilled!

19 5.23.5 new clause

These Liquidated Damages represent the sole and exclusive remedy payable to ICF in the event of delay and/ or non-fulfillment of performnace guarantee parameters. We kindly request again to consider this new clause.

No Change envisaged.

20 5.29.0

Balance 10% of the Contract Value pertaining to schedule I shall be released on completion of commissioning of all 14trainsets and installation & commissioning and handing Over of simulator center for training of crewes and submission of following documents:

Balance 3 % of the Contract Value pertaining to schedule I shall be released on completion of commissioning of all 14trainsets and installation & commissioning and handing Over of simulator center for training of crewes and submission of following documents: We kindly request to reduce the Balance payment. Accordingly the payment s II, IV, V, …XVI

No Change envisaged

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Comments by ICF

shall be increased from 5% to 5.5%

21 5.32.0

Payment shall be due and payable by ICF within a reasonable period which will normally not exceed 30 days from the date of receipt of complete and correct invoice supported by requisite certificate and documents. If it is not payable the invoice will be returned to the Contractor stating the reasons for rejection within a month from the date of receipt by the Railway

Payment shall be due and payable by ICF within a reasonable period which will normally not exceed 30 days from the date of receipt of complete and correct invoice supported by requisite certificate and documents. If it is not payable the invoice will be returned to the Contractor stating the reasons for rejection within a month from the date of receipt by the Railway. For delay in payment beyond 30 days an interest rate of 3% per annum above the base rate of state bank of India as on date of invoice submission will be payable by ICF on the amount payable Kindly amend accordingly There are many precedents for interest to be paid by the Government in the context of delayed payments, which are seen as adequate remedy for the Contractor. For example the Kancharapara tender, as well as the Marhowra and Madhepura Locomotive contracts.


22 5.34.0

Railway reserves the right to get the work executed in the best and most economical manner, and may add or may not operate any item(s) of work(s) as ICF may consider

Variation (Note: Clause has no title) In the event of a variation is considered necessary (e.g. to comply with a revised standards or other norms, ) , it the requesting Party shall issue a notice specifying in reasonable detail the works

Modified clause added as part of Corrigendum-04.

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Comments by ICF

fit.

and services contemplated there under (the "Variation Notice"). Where a Variation Notice is issued by the ICF, then the successful bidder shall within 30 days provide its proposal for such variation together with preliminary documentation in support of any impact, if any, which the Variation is likely to have on the time schedule and costs thereof. Provided that such proposal shall be included in the Variation Notice, were the same is issued by the successful bidder. The Parties shall thereafter discuss in good faith on how to best implement such variation. Provided that any such variation shall only be given effect to by written agreement of the Parties. We assume that a change required based on revision of standards as defined in Technical Specification clause 1.2.3 is considered as a variation.

23 5.38.2 (iv) Additional Clause

The provision may be revised as under for clarity: (iv) The issuance of the Commissioning Test Certificate shall not be unreasonably withheld or delayed by ICF. If ICF does not issue the Certificate within 30 days without written notice (indicating the relevant unsatisfied condition in sub-clauses (i), (ii) and (iii) above), the Final Commissioning Certificate is shall be deemed to have been issued.


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Comments by ICF

We assume that the addition would clarify the intention of the clause. Please amend accordingly The word FINAL shall be deleted in this clause

24 5.38.3,

The trainset shall be taken over physically by ICF when: a) Contractor has completed Supply, Erection, Commissioning and Testing. b) Commissioning test certificate has been issued by ICF. c) The Contractor has submitted all documents as per provisions of this Contract and as applicable at this point of time. d) The Contractor has complied to the satisfaction of ICF all the objections / observations, if any.

The trainset shall be taken over physically by ICF when: a) Contractor has completed Supply, Erection, Commissioning and Testing. b) Commissioning test certificate has been issued by ICF. c) The Contractor has submitted all documents required to be delivered by Contractor prior to such take over as per provisions of this Contract at that point of time. d) The Contractor has complied to the satisfaction of ICF all the objections / observations, if any, that are consistent with the requirements of the Contract. Please amend accordingly

No Change is envisaged.

25 5.38.4

Final commissioning certificate shall be issued by ICF within 30 days from the following date (which ever is later) when: a) Contractor successfully commissioned 14 trainsets

Final Commissioning Certificate Final commissioning certificate shall be issued by ICF within 30 days from the following date (whichever is later) when: a) Contractor successfully commissioned 14 trainsets and spare coaches.

No change is envisaged.

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Comments by ICF

and spare coaches. b) Contractor has trained ICF staff for manufacturing of coaches and Railway staff in maintenance of coaches. c) Sucessfully established, commissioned simulator at ICF. d) The Contractor has met all other obligations under this Contract

b) Contractor has trained ICF staff for manufacturing of coaches c) Successfully established, commissioned simulator at ICF. d) The Contractor has met all other obligations under this Contract; e) The issuance of the Final Commissioning Test Certificate shall not be unreasonably withheld or delayed by ICF. If ICF does not issue the Certificate within 60 days without written notice (indicating the relevant unsatisfied condition in sub-clauses (a), (b) (c) and (d) above), the Final Commissioning Certificate is shall be deemed to have been issued. We assume that the addition would clarify the intention of the clause. Please amend accordingly

26 5.41.3

Contractor grants to ICF the right to use the documents for Manufacturing, operation and maintenance of the trainsets delivered in accordance with this contract.

Contractor grants to ICF the right to use the documents for Manufacturing, operation and maintenance of the trainsets delivered in accordance with this contract. As this is not a TOT (transfer of technology) contract, there shall also not be a request to transfer the right (or license) for Manufacturing. Certainly successful bidder can grant a licence for operation and maintenance


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Comments by ICF

of trainsets. This is a very important point to be amended accordingly

27 5.42.2

If any assembly/subassembly requires to be taken back by the contractor for repairs/replacement either before commissioning or during warranty, the contractor would be required to submit a bank guarantee (BG). The BG should be of adequate value so as to cover the cost of the assembly/assemblies and shall be decided by ICF.

If any assembly/subassembly requires to be taken back by the contractor for repairs/replacement either before commissioning or during warranty, the contractor would be required to submit a bank guarantee (BG). The BG should be of adequate value so as to cover the cost of the assembly/assemblies and shall be decided by ICF. Please excuse to raise this point again. As maybe there is a misunderstanding. As per clause 4.8.2 vi and Annexure -VI a Bank Guaranteed towards Warranty Guarantee will be submitted by the successfull bidder. This Warranty Guarantee assures fulfillment of Successfull Bidders Warranty obligations. There shouldn't be an additional Bang Guarantee as request in this clause


28 5.43.1

The Contractor shall at all times indemnify and keep indemnified ICF against all claims which may be made against ICF in respect of any infringement of any rights protected by patent laws. In this connection, ICF shall pass on all claims made against him

The Contractor shall at all times indemnify and keep indemnified ICF against all claims which may be made against ICF in respect of any infringement of any rights protected by patent laws, to the extent caused by works and services undertaken, or Trainsets supplied, by the contractor under this Contract. In this connection, ICF shall pass on all claims


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Comments by ICF

to the Contractor for settlement.

made against him to the Contractor for settlement. The total indemnity, including all damages, compensations, liquidated damages or any other indemnities and payment obligations of the Contractor, shall be limited to and not exceed an aggregate total amount of 20% of total contract value.

We like to reiterate that the concept of liability cap is a common concept in other GOI contracts e.g. also in the contract for Madhepura, Marhowra and Kanchrapara tender. This is an important issue which we like to discuss in next pre bid conference

29 5.48.5

The Contractor shall also, at his expense, replace any part having defects rendering it unsuitable for the use for which intended or liable to reduce the operating life time thereof without the Railway having to identify the nature of such defect to which the defective facility might be exposed.

The Contractor shall also, at his expense, replace any part having defects rendering it unsuitable for the use for which intended or liable to reduce the operating life time thereof without the Railway having to identify the nature of such defect to which the defective facility might be exposed, provided that the Contractor shall not be under an obligation to replace/ repair any such defective part if the defect has arisen on account of a Force Majeure Event, accident, ordinary wear and tear of the


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Comments by ICF

part, or negligence or omission on part of ICF, IR or any of its employees, or is attributable to a failure to adhere to the provisions of the operations maintenance (or service) manual of the contractor. Further such obligations to repair or replace shall not be applicable with respect to any consumables.

Please amend clause as suggested or alternatively follow suggested deletion (see our query for 1st pre bid conference)

30 5.48.6

Where it is established that a defect is occasioned by a genuine error indesign , the Contractor shall replace all identical components furnished within the compass of the Contract with components better suited to perform the same functions in the same conditions, even though such components may not have given rise to any failure

Where it is established that a defect is occasioned by a genuine error indesign and the identical deficiency with the same root cause occurs on more than 15% of the same equipmpent or part of the trainset and at minimum 3 trainsets during the warranty period,, the Contractor shall replace all identical components furnished within the compass of the Contract with components better suited to perform the same functions in the same conditions, even though such components may not have given rise to any failure. Furthermore the Contractor shall have the right, to provide evidence that an error in design is limited to a certain production batch or assembly method, prior to rectification of the error in design, which shall be acceptable to the


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Comments by ICF

ICF. We need to reiterate this query. Please amend clause as suggested Amendment is considered an important issue for the Bidder

31 5.48.8

If during the Warranty period some parts of the supplies are replaced owing to the defects/damages under the Warranty, the Warranty period for such replaced parts shall be 24 months from the date of replacement, unless otherwise agreed.

If during the Warranty period some parts of the supplies are replaced owing to the defects/damages under the Warranty, the Warranty period for such replaced parts shall be 24 months from the date of replacement, but no longer than 12 months beyond the warranty period as defined under 5.84.3 unless otherwise agreed. We need to reiterate this query. Please amend clause as suggested. Amendment is considered an important issue for the Bidder

Modified Clause added as part of Corrigendum-04.

32 5.48.12

If the Contractor, on account of the defects, repairs and/or replaces certain items by changing the design or materials, such change shall not reduce the performance of the unit

If the Contractor, on account of the defects, repairs and/or replaces certain items by changing the design or materials, such change shall not reduce the performance of the unit below the levels specified in the Technical Proposal / Bid of the Successful Bidder/ Contractor As discussed in the pre-bid meeting


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Comments by ICF

ICF suggested to link it to levels specified in the Technical proposal of the Successfull Bidder instead of Technical Specification (RDSO/PE/SPEC/EMU/0167 (Rev-4) - 2015 and its amendments.

33 5.60.0

Performance Guarantee 5.60.1 Performance parameters are specified in Technical Specs. 5.60.2 The Contractor shall supervise and direct the operation during performance tests and shall take full responsibility in this regard. 5.60.3 During performance tests, ICF shall make available necessary operating personnel. 5.60.4 If, even with two repetitive tests the performance values are not achieved for reasons within the Contractor's responsibility, the Contractor shall undertake at his own cost such modification or replacement as are considered necessary to obtain the performance guarantee values as stipulated in Contract Specification and

5.60.6 Repeated failures to achieve the performance parameters, shall result in rejection of Trainsets and thereafter termination of contract duly carrying out recoveries to the extent of damages and payments made. This is a new clause which we kindly ask to delete again. Please define exactly to which Performance Parameters (which are specified in the Technical Specs.) ICF is refering to.

Deleted

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Comments by ICF

the responsibility to demonstrate successful performance guarantee shall continue to remain with the Contractor till so established. 5.60.5 For carrying out rectification work for achieving guaranteed performance values, the Contractor shall do so without seriously hampering the normal operation.

34 5.67.3

Except as otherwise provided in this Agreement, all risks relating to the Agreement shall be borne by the Company and the ICF shall not be liable in any manner for such risks or the consequences thereof.

Except as otherwise provided in this Agreement, all risks relating to the Agreement shall be borne by the Company and the ICF shall not be liable in any manner for such risks or the consequences thereof. We would kindly ask again to delete this clause. As it is very far reaching and onerous.

It is a standard clause. No change is envisaged.

35 9 (iii)

The Contract doesn’t call for Transfer of Technology (TOT), however the drawings listed here are required for procurementof sub-assemblies for manufacturing and maintenace/repair purposes.

The Contract doesn’t call for Transfer of Technology (TOT), however the drawings listed here are required for procurementof sub-assemblies for manufacturing and maintenance/repair purposes. Please refer to Clause 5.41.3


36 14.16 The available hours of the No Change is envisaged

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Comments by ICF

train set (availability) shall be computed on yearly basis as a percentage of total hours of the year. The company shall guarantee the availability of each train set in every year shall be not less than 95% (Guaranteed Hours)

37 15.9.3

A new clause may be inserted as under in substitution of the present Clause 15.9.2: 15.9.2 If Termination is on account of an Indirect Political Event or a Political Event, the Government shall make a Termination Payment to the Company, by way of compensation, for an amount equal to the aggregate of all direct costs, liabilities and loss suffered, incurred by or accrued to the Company as a consequence of such Termination, within 30 (thirty) days of receipt of the demand from the Company. The Parties agree that such compensation shall include (i) amounts already invested by the Company (or by its shareholders/ promoters) in relation to the Project, (ii) costs and liabilities towards third parties (including suppliers, contractors, service providers. employees, agents and representatives), (iii) debt (inlcuding senior debt and working working capaital) repayment obligations (including interest payments on such debt), (iv) loss of income and profits, and all other costs, losses, and liabilities of

Clause added.

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Comments by ICF

the Contractor directly attributable to such Termination. Further, the Parties agree that the aforesaid Termination Payment shall also be payable by the Government to the Company, in case the Termination is on account of a Government Default. New clause to be added: Termination payment on account of Indirect Political Event or a Political Event Please amend accordingly as such clause is missing in the Tender document up till now.

38 Annexure X

Draft Memorandum of Understanding for Joint Venture Participation

References to the term ‘firm’ as used throughout the MoU with the term Joint Venture/JV, should be removed, and for clarity should state ‘joint venture/consortium’. Title should be "Draft Memorandum of Understanding for Joint Venture/Consortium Participation" etc. The current Annexure X only refers to participation by a joint venture, and not by a consortium. Accordingly, the MoU should be revised to include references of participation by a consortium (whether incorporated or unincorporated) and consequently to consortium member.

Draft MOU for consortium enclosed.

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Comments by ICF

39

Annexure X, Clause 6

Assignment and Third Parties

The parties shall co-operate through the entire period of this MoU on the basis of exclusivety and neither of the parties shall make arrangement or enter into agreement either directly or indirectly with any other party or group of parties on. matters relating to the Project. After the contract is awarded, the constitution of the JV firm shall not be altered during the currency of the contract except when modification become inevitable due to succession laws etc. and in any case the minimum eligibility criteria laid down by the CLIENT (ICF) should not get vitiated. Such approval for change of constitution of the JV firm shall be at the sole discretion of the CLIENT (ICF). Modified clause suggested due to Change in Consortium and Change in Ownership already being covered separately in Tender Document.


40 Annexure X, Clause 8

Guarantees and Bonds

Till the award of the work, the lead partner shall furnish Earnest Money and all other bonds/guarantees to the client on behalf of the joint venture/consortium, which shall be legally binding on all the partners of the joint venture/consortium. The EMD submitted by the Lead Partner may be deeded as EMD submitted by the joint venture/consortium. After award of the work to JV firm, a single performance guarantee shall be submitted to the


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Comments by ICF

CLIENT (ICF) by the joint venture/consortium/Lead Partner. ALL the guarantees like performance guarantee, bank guarantee for mobilization, machinery advance etc. shall be made only in the name of joint venture/consortium/Lead Partner and no splitting of guarantee among the members of the joint venture/consortium shall be made. The MoU should be revised to include references of participation by a consortium (whether incorporated or unincorporated) and as such the indicated changes should be made regarding the provision of Guarantees and Bonds.

41 Annexure 11, (A), 2

Draft Format of Joint Venture Agreement

Draft Format of Joint Venture / Consortium Agreement Joint Venture – include Equity of member, transferability of shareholding of equity of a partner leaving during the subsistence of the contract. / Consortium – includes type of Consortium (incorporated or unincorporated), interest/ share of each member in the Consortium, details of the Lead Member, transferability of interest/ share of a member leaving during the subsistence of the contract.


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Comments by ICF

The MoU should be revised to include references of participation by a consortium (whether incorporated or unincorporated) and as such the indicated changes should be made regarding the Draft Format of Joint Venture / Consortium Agreement

42

Clause 2.1 (14) - Leading parameters of the train

Maximum Braking force per axle - should not exceed 10.5% of axle load

As per clause 2.23 of the specification adhesion limit is given as 22%. 10.5% of Braking force will significantly reduce the regeneration percentage as mentioned in clause 2.21. Please delete this clause or modify brake force to 22% of axle load so as to maintain similarity to clause 2.23


43

Clause 2.22 - Temperature rise

During the operation of train as per the schedule stoppages and following the speed restrictions, the temperature rise of Propulsion Equipment and control electronics shall be within the specified limit as per these Specification and Standards. For the purpose of final acceptance tests for the temperature rise, the trials shall be carried out as mentioned in the Schedule F for Tests.

Schedule F is not available in the tender document. As per Clause 10.5.2 the performance trails need to be conducted in NDLS-HWH-NDLS (track details are given in the specification) route. Please modify the clause to refer to Clause 10.5.2 for Temperature rise. Please modify the same.

Modified clause added as part of ICF Annexure- 2

45

Clause 2.21

Regenerated Energy

The regenerated energy for all out running (full traction up to max.

It is our understanding that only Traction Loads and Brake loads will be considered for calculating Regenerated energy.

Auxiliary loads are also considered except Air-conditioning and emergency loads.

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Comments by ICF

service speed and full service braking up to standstill) shall not be less than 25% of the energy consumed during powering at the specified voltage in Clause1.4of these Specification and Standards. Acceleration and braking rates shall be as defined in Clause2.5&2.6of these Specification and Standards and full auxiliary load shall be taken into account except emergency load. The net energy consumed or regenerated at the pantograph shall be used for calculating percentage regeneration energy. In the event of failure of one Basic Unit/ equipment less than or equivalent to that of one Basic Unit, reduction in the value of regenerated energy shall not be more than that of their proportionate value.

Please confirm

46

3.68.4.6 In the event of a failure of the dynamic brake, the friction brake shall be capable of carrying out emergency brake applications from maximum speed to standstill of a rake in loaded condition. The

It is our understanding that for checking temperature rise of propulsion equipment with three consecutive service brake, regeneration braking is included. Please confirm.

Yes, the understanding is correct.

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Comments by ICF

rake shall be deemed to then accelerate at its maximum rate up to maximum speed. With three consecutive full service brake also, the temperature rise of Propulsion Equipment should be within the specified limit.

47

3.68.6.9 The friction brake system shall be rated to, and have sufficient thermal capacity to safely complete three successive accelerations and emergency brake cycles, with no interval between each cycle on loaded Train. Each cycle shall comprise a full acceleration from standstill to 160kmph followed by the application of emergency brake to standstill. On the completion of the three cycles, the brake system shall show no abnormalities. The requirement shall be demonstrated during testing. Thereafter the Train friction brake shall have sufficient thermal capacity to be able to complete its journey without regenerative brakes.

This clause also asked for 3 consecutive emergency brake. To be modified as per clause 3.68.4.6

This clause 3.68.6.9 talks about the thermal capacity of Friction brake system and is different from clause 3.68.4.6. Refer Modified Clause 3.68.6.9 of ICF Annexure-rev-02.

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M/s.TALGO

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Queries Submitted by M/s Talgo during Pre-Bid meeting on 4th November '2017

Requirement Id.

Requirement Doubt/Question or Proposed Change ICF Remarks

1 _

Date for tender opening Please, consider Tender Opening date should be75 days from publication of clarifications after 2nd pre-bid conference


2 i.5 TENDER BOOK WITH ALL TECHNICAL BID FORMATS DULY FILLED IN WITH ALL ANNEXURES AND SIGNED (EXCEPT FINANCIAL BID)

Please confirm what it is the tender book.

The Complete Bid Document, Technical Specification, Annexures, Corrigenda issued together constitute Tender Book. Please Refer 2.6.0 and 2.7.0.

3 i.6 SIGNATURE AND OFFICE SEAL OF BIDDER IN ALL PAGES OF THE TENDER BOOK AND DOCUMENTS SUBMITIED ALONG WITH THE OFFER

Please confirm that the office seal of the bidder does not requiere any special mention and it will be enough with the brand or corporate name of the company. It is enough with the seal of the consortium leader?

Seal of Consortium leader is sufficient provided power of attorney has been given by all consortium members to the Lead member.

4 i.11 SELF CERTIFIED ENGLISH TRANSLATION OF DOCUMENTS WHICH ARE IN LANGUAGE OTHER THAN ENGLISH ENCLOSED IN THE BID DOCUMENT

Please confirm that translations can come from the own bidder

Yes, Self certified English Translation is sufficient.

5 2.14 Period of Completion: The successful Bidder shall complete the entire work within a period of Forty Eight (48) months from the date of issue of the letter of acceptance (LOA) by ICF/ Chennai-38 to such tenderer.

Talgo propose for change: "Period of Completion: The successful Bidder shall complete the entire work within a period agreed between ICF and the contractor as indicated in clause 5.62.2 of Forty Eight

(48) months from the date of issue of contract signature between succesful bidder and ICF/ Chennai-38 to such tenderer."


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6 4.1.19 The Bidder shall quote the prices in the Financial Bid(Chapter-XVI). The Bidder shall quote the import portion in US Dollars or Euros and the indigenous portion in Indian Rupees (INR) . For Financial Evaluation of the bid the Exchange rate prevailing on the date of Tender opening (relevant date) will be taken to convert the import portion into INR and added to the INR portion of the bid to compute the total value of the offer in INR. Similarly, Payment for import content will be made (as part of Stage Payments) in INR by converting the import portion in to INR by applying the Exchange rate prevailing 30 days prior to date of Inspection of the Trainsets (relevant date).

1. Please clarify how the converting of the import portion is calculated when the payment milestone is not related to inspection of the Trainsets. 2. Please also clarify why the exchange rate used for the payment has minimum 30+30 days of currency risk, taking into account that the exchange rate was fixed 30 days before the inspection and the payment will be made 30 days after the approval of the invoice. 3. We request you to make direct payment to respective consortium members on submission of bills /payment claim as per payment schedule defined under 5.26 and 5.28 . This is required for proper payment accounting / tax reimbursement etc . We shall at the time of bid submission , submit the breakup of absolute share for each consortium member for each schedule of payment under 5.26 and 5.28

1. The Exchange rate prevailing one day prior to Tender opening (relevant date) will be taken to convert the import portion. Modified clause added as part of Corrigendum-04. 2. Payment can be done even before 30 days also. 3. Direct payment to respective consortium members will be guided by Modified Clause 4.5.4 of the Corrigendum-04.

7 4.1.27 The bidder shall satisfy ICF that he is financially in a position to fulfill contractual obligations.

Please confirm if with Banks certifications of the Company´s solvency is enough to comply with this requirement

Sufficient

8 4.4.1 Technical Qualifying Criteria: The Bidder (Single/JV/Consortium) must be an established Trainset manufacturer and should have designed, manufactured and supplied at least Two Trainsets of Aluminium Gar Body Coaches with Three Phase Electric Propulsion System with operating speed of 160 kmph or more to G8 Countries in the last five years (From 1st April'2012 to Date of Tender Opening) and these trainsets should be in successful operation in G8 countries for at least one year.....

Having a contractor several subsidiaries, could such subsidiary be eligible taking the experience of the whole group?

Modified Technical Criteria issued as part of Corrigendum-04.

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9 4.4.2 Financial Capacity: i). The bidder's annual turnover or Sum total of annual turnover of all members of JV/Consortium shall not be less than Rs 1000 Crores in each of the last 3 years, excluding the year of bid opening. Audited turnover statement should be submitted as proof. ii). The bidder (Single/JV/Consortium) should have completed a single work/order worth at least Rs 380 crore in the last 5 years.

We understand that ii) could be justified with a certificate issued by the contractor. Please confirm. Having a contractor several subsidiaries, could such subsidiary be eligible taking the financial capacity of the whole group?

(ii) Documentary proof like - bills, certificates issued by clients to who the bidder has done the work/order etc. Subsidiary can take the Financial Capacity of the whole group - provided the subsidiary is fully owned.

10 4.5.3 The lead partner shall be authorized to incur liabilities and receive instructions for and on behalf of any and all partners of the Joint Venture, and the entire execution of the contract, including payment, shall be done exclusively with the lead partner.

Please define the lead partner obligation and clarify the liabilities of the lead partner in front of ICF. Are the requirements describe in GCC clause 65 mandatorily to be complied?

Lead partner in Clause 65 upto 65.15.4 of GCC will be applicable for Firms forming Joint Venture for the tender. Same will be applicable to consortium - but as there is no separate firm that will be formed for consortium and Lead member will be decided by the members of the consortium.

11 4.5.4 If the payment is to be made to a JV partner/subcontractor directly the same can be done provided (i) Lead partner takes full responsibility for performance as per contract and certifies each payment invoice. (ii) The details of equipment to be supplied/services to be performed by each JV partner/sub contractor together with value are clearly specified in the bid and the contract.

Separate tax invoices from JV members and separate TDS in the name of respective JV partners will be acceptable?

Acceptable

12 4.6.1 Work completion certificate and payment received certificates

Please clarify which certificates are you referring to and what is the scope and time

Certificates issued by Clients of the bidders - which bidder submits along

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submitted by the bidder may be subjected to verification wherever required.

frame for verification with the tender to prove the credentials as per Technical Qualifying Criteria and Financial Qualifying criteria. Verification will be resorted to wherever it is felt necessary and is limited to the Genuineness of the certificate and contents thereof. ICF's intention is to get such verifications completed as soon as possible.

13 4.7 EMD of Rs. 1 Crore (One Crore)has to be deposited by the bidder in any of the following forms: (i) FDR/Banker's cheques / Demand Drafts made in favour of FA&CAO/IntegralCoach Factory /. Chennai 38 payable at Chennai,

Would it be possible to deposit the Earnest Money in the form of Bank Guarantee or Insurance surety? Please confirm

Not Possible. No Change envisaged.

14 4.8.1 Performance Guarantee (PG) (i) The successful bidder shall submit a Performance Guarantee (PG) in the form of an irrevocable bank guarantee amounting. to 5% of the contract value for the Sum Of works listed in Financial Bid, on a prescribed preform a as per Annexure-IV. (ii) The successful bidder shall have to submit a Performance Guarantee (PG) within 30 (thirty) days from the date of issue of Letter of Acceptance (LOA). Extension of time· for submission of PG beyond 30 (thirty) days and upto60 days. from the date of issue of LOA may be·given by the Authority who is competent to sign the contract agreement. However, a penal interest of 15% per

It is needed to clarify the conditions of the bank guarantee and if the bank guarantee shall have to be provided by a bank located in India. The penalty of the guarantee should only be mandatory in case of the delay shall be attributable to Talgo or the consortium. Talgo propose the following change: Performance Guarantee (PG) (i) The successful bidder shall submit a Performance Guarantee (PG) in the form of an irrevocable bank guarantee amounting. to 5% of the contract value for the Sum Of works listed in Financial Bid, on a prescribed preform a as per Annexure-IV. (ii) The successful bidder shall have to submit a Performance Guarantee (PG) within 30 (thirty) days from the date of signature of the contract . Extension of time· for

submission of PG beyond 30 (thirty) days and upto60 days. from the date of signature of the contract may be·given by the Authority

Penal interest is on amount of PG. Relaxation given to certain extent. Modification included as part of Corrigendum-04.

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annum shall be charged for the delay beyond 30 (thirty) days, i.e.from 31st day after the date of issue of LOA. In case the contractor fails to submit the requisite PG even after 60 days from · the date of issue of LOA, the contract shall be . terminated duly forfeiting EMD and other dues, if any payable against that contract. The failed contractor shall be debarred from participating in re-tender.for that work. (iii) The PG shall be initially valid up to the stipulated date of completion plus 60 days beyond that. In case, the time for completion of work gets extended, the contractor shall get the validity of Performance Guarantee extended to cover such extended time for completion of work plus 60 days. The contractor shall extend PG submitted for Schedule-V every year till. the completion of Wet Leasing contract period. (iv) The Performance Guarantee (PG) to the works listed on Schedule-I shall be released after succesfull completion of the work based "Final Comissioning Certificate" issued by the competent authority stating that the contractor has complete the work in all respects satisfactorilly. Note: Other conditions governing

who is competent to sign the contract agreement. However, a penal interest of 15% per annum calculated over the PG shall be charged for the delay (directly atributable to the contractor)beyond 30 (thirty) days, i.e.from 31st day after the date of signature of the contract. In case the

contractor fails to submit the requisite PG even after 60 days from · the date of signature of the contract, ICF shall be entitled to retain amounts from the payments to be done to the contractor up to achieve the total amount of the PG. Such retentions shall no exceed 5% of each payment. , the contract shall be . terminated duly forfeiting EMD and other dues, if any payable against that contract. The failed contractor shall be debarred from participating in re-tender.for that work. (iii) The PG shall be initially valid up to the stipulated date of completion plus 60 days beyond that. In case, the time for completion of work gets extended, as a result of any acts or omissions directly atributable to the conctractor, thenthe contractor shall get the validity of Performance Guarantee extended to cover such extended time for completion of work plus 60 days. The contractor shall extend PG submitted for Schedule-V every year till. the completion of Wet Leasing contract period. PG (and any other bank guarantee regulated under this contract, shall be returned to the contractor within a maximum period of 5 days from the date of completion of the corresponding relevant obligation secure

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15 Performance Guarantee (PG) shall be by the provisions of the GCC-2014 with the latest Addendem & Corrections Slips

Please confirm that the Performance Guarantee (PG) will be returned to the contractor after the satisfactory fullfilment of the commisioning as indicated in schedule 1. Please confirm that the PG will be returned/reduced proportionally to the satisfactory fulfilment of the commisioning of each train. Please confirm that in general, it is also possible to submit a Surety issued by insurance companies instead of a Bank Guaranatee

Please refer modified clauses of 4.8.1 and 4.8.2 of Corrigendum-04.

16 4.8.2 Security Deposit (SD):(i) SD shall be 5% of the contract value.(ii) Earnest Money of the successful bidder shall be adjusted against the Security Deposit.(iii) SD for the balance portion will be recovered from the running bills of the contract.(iv) The rate of recovery shall be at the rate of 10% of the bill amount till the fullSD is recovered.(v) Irrevocable Bank Guarantee for 5% of contract value(in addition to the Performance guarantee)on the proforma Annexure-V can also be accepted as SD.(VI)After the work on the schedule 1 are physically completed, SD recovered from the running bilis of the contractor can be returned to him if he so desires, in lieu of FDR/irrevocable Bank Guarantee for equivalent amount, as warranty guarantee(as per Annexure- VI), to be submitted by him.

Please clarify sections iii & iv. Could you give us an example of how the SD will be recovered? (v) We understand that instead of a recovery of 10% in each bill, the contractor could substitute it by a irrevocable Bank Guarantee for the same amount. Please confirm(VI) We understand that the SD (in the form of Bank Guarantee or cash) will be returned to the contractor after the expiration of the warranty period of the trains. Please confirm (In GCC-2014 clause 16.(2) indicates that the SD would be recovered after maintenance period)

Please refer modified clauses of 4.8.1 and 4.8.2 of Corrigendum-04.

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17 4.8.4 Recovery of Performance guarantee (PG} : ICF shall not make a claim under the PG except for amounts to which the President of India is entitled under the contract (not withstanding and/or without prejudice to any other provisions in the contract agreement} in the event of: (i} Failure by the contractor to extend the validity of the PG as described herein above, in which event the ICF may claim the full amount of the PG. (ii) Failure by the contractor to pay any amount due, either as agreed by the contractor or determined under any of the clauses/conditions of the agreement, within 30 days of the service of notice to this effect by ICF. (iii) The contract being rescinded under provision of the GCC- 2014 the PG shall be forfeited in full and shall be absolutely at the disposal of the ICF.

Recovery of Performance guarantee (PG} : ICF shall not make a claim under the PG except for amounts to which the President of India is entitled under the contract (not withstanding and/or without prejudice to any other provisions in the contract agreement} in the event of: (i} Failure by the contractor to extend the validity of the PG as described herein above, in which event the ICF may claim the full amount of the PG. (ii) Failure by the contractor to pay any undisputed amount due, either as agreed by the contractor or determined under any of the clauses/conditions of the agreement, within 30 days of the service of notice to this effect by ICF. (iii) The contract being rescinded under provision of the GCC- 2014 the PG shall be forfeited in full and shall be absolutely at the disposal of the ICF.

Any disputed amount however has to be resolved by Dispute Resolution vide Chapter - XII

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18 4.11.1 Should a Bidder himself be a retired employee having held a Gazetted rank in any of the Railways, owned and administered by the President of India, or should a Tenderer, being a partnership firm, have, as one or more of its partners, such retired employee(s) or should the Bidder being an incorporated company, have any such person(s) as aforesaid, as sitting Director(s), or, should the bidder have, in his employment, any person(s), as aforesaid, full information of such person(s) shall be submitted in Annexure -XIV to this Tender document.

Shall be Annexure XIV fulfil by the bidder in order to declare that we do not incur in any of the scenarios stated by 4.11.1 and .4.11.2?

Yes

19 4.16 The rates quoted shall be inclusive of all taxes and duties applicable. Statutory Variation Clause applicable. Statutory Taxes will be applicable as prevailing at the time of payment. Income Tax and other taxes as applicable will be recovered from payments that will be made to the contractor.

Change in Statutory Taxes after Tender Date, should constitute a Change in Law, and thus constitute a cause for a Variation Order. Please confirm. Should also prices quoted include VAT? Please Confirm. Payments shall be made after recovery of applicable income taxes. In this regard, if any TDS is proposed on the payment to contractors, what would be the rate of TDS on such payments and whether TDS would be deducted on the entire contract value

TDS and any other levy as applicable at the prevailing rates. Modified clause added as part of Corrigendum -4.

20 4.20 Within 60 days of the issue of the LOA, the successful bidder shall submit the performance bank guarantee ·(in specified format), and shall present himself, prepared to execute the agreement and sign the contract papers. Failure to comply will result in penalty and forfeiture of EMD as per Clause 4.7. All costs, charges and expenses of and incidental to the execution of the

Proposed change: "Within 60 days of the issue of the signature of the contract, the

successful bidder shall submit the performance bank guarantee ·(in specified format), and shall present himself, prepared to execute the agreement and sign the contract papers. Failure to comply will result in penalty and forfeiture of EMD as per Clause 4.7. All costs, charges and expenses of and incidental to the execution of the said agreement shall be borne by the Contractor."

No Change Envisaged.

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said agreement shall be borne by the Contractor.

21 4.23 ICF reserve the absolute right to reject any or all the bids/tenders at any time without assigning any reasons whatsoever.

Confirm how works the reimbursement of the earnest money.

If ICF rejects the bids, EMD will be returned online generally through NEFT.

22 4.27 Confidentiality Clause The bidder shall not sublet, transfer, assign or otherwise part with directly or indirectly to any person or persons, whatever is in this tender (technical specifications, drawings or technology etc.) or any part thereof without the previous written consent of ICF or his authorized nominee.

The languages included under this section is not a confidentiality clause. Please clarify this provision. Additionally, the following change is proposed: "Confidentiality Clause The bidder shall not sublet, transfer, assign or otherwise part with directly or indirectly to any person or persons, whatever is in this tender (technical specifications, drawings or technology etc.) or any part thereof without the previous written consent of ICF or his authorized nominee. Likewise the contractor may sublet to any natural or legal persons without the previous consent of ICF in order to comply with its obligations under the contract "

No Change envisaged.

23 5.1.5 "Approval" shall mean the written approval by ICF of a document or drawing or other particulars or matters in relation to the Contract.

Proposed change: "Approval" shall mean the written approval by ICF of a document or drawing or other particulars or matters in relation to the Contract or, in case ICF shall not sign the document in a due time, when the relevant obligations has been complied by the conctractor in conformity with the terms and conditions of this contract

Necessary timeframes for approval by ICF have been added wherever required. Hence No Change Envisaged.

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24 5.1.9 a) "Completion of work" as referred to in the tender document, for works carried out on Indian Railways, would mean works in which 'acertiflcate of completion of works* as per clause 48(1) of GCC 2014 has been famished by the firm. b) "Completion of work'* as referred to in the tender document, for works carried out in organizations other than Indian Railways, would mean works which, in essence, would have been liable for issue of "Certificate of completion of work" as per para 48 (1).of GCC. 2014, had these works been carried out on Indian Railways.

a) "Completion of work" as referred to in the tender document, for works carried out on Indian Railways, would mean works in which 'acertiflcate of completion of works* as per clause 48(1) of GCC 2014 has been famished by the firm. b) "Completion of work'* as referred to in the tender document, for works carried out in organizations other than Indian Railways, would mean works which, in essence, would have been liable for issue of "Certificate of completion of work" as per para 48 (1).of GCC. 2014, had these works been carried out on Indian Railways. In case ICF shall not approve the work in a due time, when the relevant obligations has been complied by the conctractor in conformity with the terms and conditions of this contract

Necessary timeframes for approval by ICF have been added wherever required. Hence No Change Envisaged

25 5.1.17 "Supervision" shall mean the successive control and directions given to the Contractor in relation to Contract work during execution of the Contractor's and/or his Sub- Contractor's work at site.

"Supervision" shall mean the successive control and directions given to the Contractor by ICF in relation to Contract work

during execution of the Contractor's and/or his Sub- Contractor's work at site.


26 5.1.27 "Final Commissioning Certificate" means the Certificate to be issued by the Railway/Engineer's representative on fulfillment of the obligations in accordance with the provisions of the Contract, as per details given in relevant para of this chapter.

"Final Commissioning Certificate" means the Certificate to be issued by the Railway/Engineer's representative on fulfillment of the obligations in accordance with the provisions of the Contract, as per details given in relevant para of this chapter. In case ICF shall not issue the certificate in a due time, when the relevant obligations has been complied by the contractor in conformity with the terms and conditions of this contract

Necessary timeframes for approval by ICF have been added wherever required. Hence No Change Envisaged.

27 5.1.29 "Applicable laws" means all laws. Brought into force and effect by GOI or the State Government including rules, regulations and notifications made there under. and

Change proposed to this clause: "Applicable laws" means all laws. Brought into force and effect by GOI or the State Government including rules, regulations and notifications made there under. and judgements, decrees,

No Change is Envisaged.

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judgements, decrees, injunctions, writs and orders of any court of record, applicable to this Agreement and the exercise, performance and discharge of the respective rights and obligations of the Parties hereunder, as may be in force and effect during the subsistence of this Agreement;

injunctions, writs and orders of any court of record, applicable to this Agreement and the exercise, performance and discharge of the respective rights and obligations of the Parties hereunder, as may be in force and effect during the subsistence of this Agreement; Notwithstanding the aforementioned is expresely accepted that the contractor shall only be bound by the applicable laws in force at the time of signing the contract. Any modification on such applicable laws shall be considered a change with respect of the terms and conditions agreed in the contract and the parties shall negotiate and agree the conditions (i.e. price, delivery dates, etc.) under which this modifications shall be carry out in the contract" Additionally we suggest to include a new clause which regulates the Change Order Procedure

28 5.1.30 “Applicable Permits" means all clearances, licenses, permits, authorizations, no objection certificates. Consents, Approvals and exemptions required to be obtained or maintained under Applicable Laws in connection with the manufacturing/assembly of Trainsets at ICF and operation and maintenance of the Maintenance Depot and Trainsets, as the case may be, during the subsistence of this Agreement;

“Applicable Permits" means all clearances, licenses, permits, authorizations, no objection certificates. Consents, Approvals and exemptions required to be obtained or maintained under Applicable Laws in connection with the manufacturing/assembly of Trainsets at ICF and operation and maintenance of the Maintenance Depot and Trainsets, as the case may be, during the subsistence of this Agreement; Notwithstanding the aforementioned is expresely accepted that the contractor shall only be bound by the applicable permits in force at the time of signing the contract. Any modification on such applicable permits shall be considered a change with respect of the terms and conditions agreed in the contract and the parties shall negociate and agree the conditions (i.e. price, delivery dates, etc.)

Modified Clause added as part of Corrigendum-04.

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under which this modifications shall be carry out in the contract"

29 5.1.33 "Change in Ownership" means a transfer of the direct and/or indirect legal or beneficial! Ownership of any shares, or securities convertible into shares or a fresh issue of any of the foregoing, that causes the aggregate holding of the (Selected bidder / Consortium Members / promoters). together with {its/their} Associates in the total Equity to decline below (i) 51% (fifty one per cent) thereof during the Supply Period, and (ii) 26% {twenty six per cent) thereof, or such lower proportion as may be permitted by the Government during the remaining Agreement Period; provided that any material variation (as compared to the representations made by or on behalf of the Company during the bidding process for the purposes of meeting the minimum conditions of eligibility or for evaluation of its application or Bid, as the case may be,)

This clause Should be applicable for SPV formed for execution of contract and not for any consortium formed . Please amend


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30 5.2.1.4 The first trainset consisting of 20 coaches shall be manufactured complete in all respects at successful bidder's premises and should be dispatched to ICF after inspection (by agency nominated and authorized by ICF).

Clarify, commissioning shall be done at ICF after this first inspection? Talgo undestand that the costs of these inspection will be cover by ICF

Please refer 5.21.0 (a) . Cost of Inspection to be borne by the contractor. Travel, lodging and boarding charges of the inspecting personnel will be borne by ICF.

31 5.2.1.5 Before the manufacturing at ICF is taken up, all the special tooling, including jigs,fixtures, test set up etc. developed and employed for manufacture by the successful bidder shall be transferred to ICF well in advance.

Is included The transfer of standard tools responsability of the conctractor? We understand that all comercially available tools shall be provided by ICF. Please Clarify

Standard tools currently being used by ICF shall be provided only as per clause 5.2.2 . All special tools and other tools should be provided by the

contractor.

32 5.2.1.7 (i) Shell Integration Activity (assembly of under frame, side wall and end wall in body jig)(ii) Assembly of the shell on bogie, given that the fully assembled bogie, in full or in Partially Knocked Down form, shall be supplied by the successful bidder or their selected vendor(s) in India.(iii) Load Testing of bogies.(iv) Cabling/wiring of the coach with the harnesses sourced from a selected vendor of the successful bidder or assembled by a selected vendor of the successful bidder in the premises of ICF. This work of Cabling/Wiring shall be taken up by ICF from the 3rd trainset onwards under the supervision of the successful bidder. Similar strategy shall be followed for all pneumatic piping work as well.(v) Fitment of electrics including 3 Phase propulsion system andperipherals shall be done by

1. Will ICF manpower be free of cost during this stage? 2. We understand that ICF manpower participation during this stage (under successful bidder supervision) would be limited to Cabling/Wiring, Pneumatic/Piping, & Fitment of Electrics at ICF facilities and that rest of activities (Shell Integration, Assembly of shell on bogie, furnishing work & painting) have to be carried out by successful bidder own (or subcontracted) personnel until train number 10. Please confirm 3. Could alternatively the Contractor propose additional scope for ICF manpower (under Successful Bidder supervision) during the manufacturing of trains 2nd to 10th?4. We undestand that manufacturing of Alu underframe, side walls, front walls and roof will Contractor facilities during the complete manufacturing, and then delivered to ICF, where the Carbody integration will be performed from a train to be defined (latest train 11th). Please confirm.5. If Shell Integration were transfered at ICF Facility prior to train 10th, would the work be perfomed by ICF own personnel (under Contractor supervision, and provided

1. Yes, ICF manpower being provided at ICF will be free of cost.

2. ICF personnel can take part in all the activities being carried out at ICF under the supervision of the contractor. However contractor's personnel should be available throughout.

3. Yes, could propose. However ICF personnel to be trained __.

4. Minimum activities at ICF have been defined. Above this additional activities can be carried out at ICF within the space ear marked.

5. The contractor can train and deploy ICF staff to the extent required. The work has to be done under supervision of the contractor.

.

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ICF under supervision of the successful bidder. All the items of Electrics shall be sourced by the successful bidder from themselves or their vendor(s). (vi) The entire furnishing work of the train set including toilets, illumination, seats/berths, ventilation, paneling, amenities, etc. shall be done at ICF by the successful bidder either by themselves or through a reputed contractor to be engaged by them.(vii) Painting activity of the coaches.- Necessary Painting facility shall be setup by the contractor. Painting shall be carried out by the successful bidder either by themselves or through a reputed contractor to be engaged by them.(viii) Testing and commissioning of trainsets shall be carried out by the successful bidder.

that welding training programme had been completed in advance)?

33 5.2.1.10 Successful bidder shall reduce gradually the deployment of their skilled labour from 3rd trainset onwards, to enable manufacturing of last four trainsets : i.e, 11, 12, 13 & 14 and spare coaches at ICF involving ICF personnel under supervision of the successful bidder

It is understood that at the manufacturing of the last four trainsets, ICF (under Successful bidder supervision) will provide manpower for the complete scope of works (incl. Shell integration, Assembly of shell on bogie, furnishing work & painting), including warehouse management and internal factory logistics (supply of materials from warehouse to working places). Is this correct?

Yes, but contractor personnel should also be available.

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34 5.2.1.11 The layout of jigs & fixtures, Machinery and Plant, in process storage etc. in the manufacturing bays shall be. designed by the successful bidder. The jigs and fixtures as per 5.2.1.5 shall be supplied and commissioned as required by the Successful bidder. As Aluminium car body requires proper surface preparation and painting, requisite sand blasting and paint facility shall be setup by the Successful bidder.

The layout of jigs & fixtures, Machinery and Plant, in process storage etc. in the manufacturing bays shall be. designed by the successful bidder. The jigs and fixtures as per 5.2.1.5 shall be supplied and commissioned as required by the Successful bidder. As Aluminium car body requires proper surface preparation and painting, requisite sand blasting and paint facility shall be setup by the Successful bidder. As Aluminium car body requires proper surface preparation and painting, requisite sand blasting (or any other proccess which allows sufrace preparation) and paint

facility shall be setup by the Successful bidder.

35 5.2.1.12 Testing/commissioning of trainset shall be done by successful bidder.ICF personnel shall be associated during the testing and commissioning. Various points and deficiencies noticed by ICF shall be attended by Successful bidder. Testing and Commissoning protocol will be submitted toICF by the successful bidder.

Will ICF take care of Testing/Commissioning of trains 11 to 14, or must this task be carried out by the successful bidder?

Commissioning Shall be done by the contractor and ICF personnel shall be associated.

36 5.2.1.13 Successful bidder shall setup office at ICF DURING THE CONTRACT PERIOD. Office accommodation, electricity and water will be given by ICF, free of cost. After completion of the contract, the office accommodation shall be vacated.

Must Setup Office be established in ICF since LOA, or can the date of establishment be linked to start of activities (factory set-up) at ICF factory?

Can be linked to the start of activities.

37 5.2.1.15 Training of ICF personnel in the manufacturing facility of the successful bidder at the Manufacturer premises as well as on the job training in ICF shall be provided for by the successful

We understand that the expenses of the necessary personal equipment as security clothes, breathing equipment for welding, etc for ICF personnel training at the manufactures facilities shall be in the scope of ICF. Travelling, lodging and boarding

Travelling, lodging and boarding expenses of the contractors personnel which will train ICF personnel in India, will be in the scope of Contractor. Travelling, lodging and boarding expenses of

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bidder.Traveling, Lodging and boarding expenses shall be borne by ICF

expenses of the contractors personnel which will train ICF personnel in India, will be in the scope of ICF. Please clarify this clause.

ICF personnel only shall be borne by ICF. Necessary safety equipment at Manufacturer's premises shall be provided by the contractor.

38 5.2.1.16 Maintenance of the train sets for four years from the date of train entering in to service including preventive and breakdown maintenance is in the scope of the successful bidder. However the Agreement for the maintenance shall be entered in to and operated by Zonal Railways. The scope of maintenance is defined in Chapter 14.

Although to be signed between Zonal Railways and successful bidder, will the AMC contract be awarded and signed at the same time than the Supply Contract?

AMC Contract will only be entered by Railways as per their requirement

at the time of commencement of maintenance.

39 5.2.1.20 The Contractor has to submit design of Maintenance Shed including- list of machinery, tools and plants etc. with sources for the same for optimized maintenance of the trainsets. The Maintenance Depot shall be designed,so as to facilitate proper maintenance of Trainsets.

Is the location of the Maintenance Shed decided? Size of land area? We understand that building, civil works & maintenance of the Maintenance Shed shall remain in the scope of Railways

Civil works & maintenance of the Maintenance Shed shall remain in the scope of Railways

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40 5.2.1.22 Obligations of the Successful Bidder. The . Successful Bidder shall supply the Trains to ICF in accordance with the terms and conditions of this bid document.ii. . Subject to and on the terms and conditions of this document, the Successful Bidder shall at its own cost and expense procure finance for and undertake the design, engineering, procurement, manufacturing, assembly and supply of Trains and shall observe, fulfil, comply with and perform all its obligations set out in this document or arising hereunder.iii. The Successful Bidder shall comply with all Applicable Laws and Applicable Permits(including renewals as required) in the performance of its obligations under this Agreement.iv. Save and except as otherwise provided in this Agreement or Applicable Laws, as the case may be, the Successful Bidder shall, in discharge of all its obligations under this Agreement, conform with and adhere to Good Industry Practice at all times.

Please clarify the meaning of "procure finance". This is a supply contract so we do not know why it has been included a reference to finance under this section.

ICF will provide Mobilisation Advance as per clause 5.26.0 . Any other requirement to be arranged by the bidder only. The clause only says that Firm has to arrange any finance required.

41 5.2.2.1 As reasonably requested by Contractor, ICF shall cooperate with and provide all reasonable assistance to the Contractor, in each case free of any additional costs. Without prejudice to the generality of the foregoing, the following facilities at ICF shall be earmarked for this project as per the layout enclosed at chapter VII. i).Two bays 400 m X 20

1. Confirmation that complete SCOPE of ICF will be free of cost 2. Will diplory for Complete Carbody movement be supplied by ICF 3. Will ICF provide with weighting equipment for the project? 4. Maximum weight the traverser can move? 5. Size of warehouse area reserved for the project? Will the warehouse be equipped? 6. Characteristics (size, voltage, connection to main track) of Testing booths (vehicle

1. ICF scope will be free of Cost 2. Dip Lorries are special tools-

to be provided by the contractor

3. Weighing equipment currently in use at ICF can be utilized by the contractor. Any specialized weighing equipment shall be arranged by the contractor.

4. Maximum weight that can be

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m(approx.)J folly equipped with cranage (two 20 ton capacity per bay), illumination, pneumatic points, electrical sources and other service points, including welding machines, gas lines , shall be earmarked for manufacture within the premises of ICF. In case of additional requirement of EOT cranes, the bidder can submit the requirement to ICF with justification for requirement of additional EOT cranes. ii). Traverser bay on the western side of the said bays for movement of the coaches. Two transfer bays in the covered shed area for movement of the coaches one in the middle and other at the eastern side. iii). One warehouse with cranage, in proximity of the said shed in the premises of ICF, shall be earmarked for storage of materials connected with manufacture of train sets. Also separate covered space on the western side of the traverse is earmarked for this project. iv). Separate shed facility is ear marked for Electrical wiring and pneumatic piping.

level) & Test Track (Train level tests) available for the project 7. Which are the insurance requirements for Succesful Bidder in order to work in ICF Facilities? 8. Will ICF take care of the Security at Succesful Bidder working area?

moved is approx 75 T. 5. Warehouse reserved for

project is approx 6000 sqm 6. 25KV available for Static

Testing and individual Basic unit testing. Mainline track has 25KV electrified line for testing.

7. Insurances for Men, material and equipment etc. Please refer clause 5.35 regarding Insurance.

8. Security within ICF premises will be taken care by ICF.

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42 5.2.2.2 No title ownership or lease of any Railway asset will be given to successful bidder. The facilities of ICF being earmarked and also the M&P, tools and facilities being setup by the contractor shall be used by the contractor only for manufacturing of Trainsets (or such rolling stock mutually agreed to between ICF and the contractor) at' ICF during contract period. Subsequent manufacturing after the completion of manufacturing of 291 coaches is guided by Clause 5.16.0.

At which moment will M&P supplied by Successful Bidder will become ICF ownership? Which is the expected Warranty Period for M&P equipment?

All the M&P Equipment will come under ICF ownership after completion of commissioning of all Coaches.

43 5.2.2.3 The bidders are advised to visit the site of work and examine the surroundings and obtain all information that may be necessary for preparing the bid

We understand that ICF ManPower deployment will be adapted to Manufacturing Plan at ICF presented by the Bidder at RFP stage

There is no separate RFP stage. Last four trains have to be manufactured at ICF involving ICF personnel.

44 5.2.2.4 The expected Manpower deployment shall be as follows (See Image 1)

Could the Manpower deployment be higher than proposed? Could the ICF personnel be involved in the manufacturing of frst trainset for training issues?

ICF personnel can be involved in First trainset for Training issues only.

45 5.4 The Plant and equipment if any supplied by the successful bidder will be installed by the Contractor on the civil foundation/structures (ICF scope), where applicable.

Talgo Propose to change this clause in the following way: The Plant and equipment if any supplied by the successful bidder will be installed by the Contractor on the civil foundation/structures (ICF scope), where applicable.ICF should attend all the needs indicated by the successful bidder regarding the necessity of foundations / structures / rails

Major Structural changes not possible. Foundation/Structure modifications are limited only required for the installation of the machineries by the successful bidder.

46 5.5 Contractor shall provide within six months of placement of order, his detailed scheme for mobilization with Bar Chart indicating clearly the resources, manpower and machinery proposed to be

Talgo Propose to change this clause in the following way: "Contractor shall provide within six months of placement of order, his detailed scheme for mobilization with Bar Chart indicating clearly the resources, manpower and machinery proposed to be deployed to

Third Party Issues is a broad definition. No Change Envisaged. However LD is levied for the delay in supply of Trainsets.

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deployed to ensure timely completion of work and quality of workmanship.

ensure timely completion of work and quality of workmanship.The changes of the schedule due to third party issues (not attributable to the contractor) will be accepted by ICF with no extracost"

47 5.9 All necessary tests/checks/inspection shall be conducted during manufacturing by ICF or ICF authorized agency. The Contractor shall attend to the rectification of manufacturing defects, if any, expeditiously.

Talgo propose to change the clause in this way: "All necessary tests/checks/inspection shall be conducted during manufacturing by ICF or ICF authorized agency. The Contractor shall attend to the rectification of manufacturing defects, if any, if this defect is caused directly by the contractor expeditiously."


48 5.15 The Contractor shall obtain the approval of ICF for installation of machinery (in regard to location) if any and electric power supply connection to them.

In case electric power supply connection is needed for installation of some machinery, we understand its installation is in the scope of ICF. Please confirm.

Installation up to Machine point.

49 5.17 Completeness Any supply and services as set forth hereinabove and which might not be specifically mentioned in this Contract under the scope of work of the Contractor and which are not expressly excluded but which are necessary for the performance of the coaches in accordance with the specifications shall be provided for and rendered by the Contractor without any extra cost.

Completeness Any supply and services as set forth hereinabove and which might not be specifically mentioned in this Contract under the scope of work of the Contractor and which are not expressly excluded but which are necessary for the performance of the coaches in accordance with the specifications shall be provided for and rendered by the Contractor without any extra cost, provided, however, that such actions or works shall not imply any modification in the terms and conditions of the contract

The addition proposed is implied. No change is envisaged.

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50 5.2 Contract Price a) The total price for the entire work covered under scope of work and in accordance with all terms, conditions, stipulations, specifications and other conditions incorporated into the Contract documents, shall be treated as the Contract price. b) The contract price shall inter-alia include and cover, design, manufacture, supply, testing, commissioning, labour , stores, appliances, training and all other materials in connection with the execution of the work as detailed in the Contract documents. e) The Contractor is responsible for the total scope of work starting from design and manufacture till the Trainsets are successfully commissioned and warranty thereof. The breakup of the contract price is only for the purpose of release of payments to the Contractor for the various activities involved in respect of this contract and this cannot be construed as full and final payment in respect of each activity for which such break up is given. In the event of the Contractor failing to fulfill all his contractual obligations till successful commissioning of 14 trainsets and spare coaches, the Contractor shall be liable for forfeiture of all the amounts

We request you to make direct payment to respective consortium members on submission of bills /payment claim as per payment schedule defined under 5.26 and 5.28 . This is required for proper payment accounting / tax reimbursement etc . We shall at the time of bid submission , submit the breakup of absolute share for each consortium member for each schedule of payment under 5.26 and 5.28 Additonally we propose the following change in the clause: Contract Price a) The total price for the entire work covered under scope of work and in accordance with all terms, conditions, stipulations, specifications and other conditions incorporated into the Contract documents, shall be treated as the Contract price. b) The contract price shall inter-alia include and cover, design, manufacture, supply, testing, commissioning, labour , stores, appliances, training and all other materials in connection with the execution of the work as detailed in the Contract documents. c) The Contractor is responsible for the total scope of work starting from design and manufacture till the Trainsets are successfully commissioned and warranty thereof. The breakup of the contract price is only for the purpose of release of payments to the Contractor for the various activities involved in respect of this contract and this cannot be construed as full and final payment in respect of each activity for which such break up is given. In the event of the Contractor failing to

Direct payment to respective consortium members will be guided by Modified Clause 4.5.4 of the Corrigendum-04.

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received under this contract to the extent of damages to ICF, without prejudice to such rights and remedies which are available under this contract for ICF and the Contractor.

fulfill any specific contractual obligations then, the contractor shall be liable for the damage caused for this particular default in accordance with terms, conditions and liability limits set out in the contract.all his contractual obligations till successful commissioning of 14 trainsets and spare coaches, the Contractor shall be liable for forfeiture of all the amounts received under this contract to the extent of damages to ICF, without prejudice to such rights and remedies which are available under this contract for ICF and the Contractor.

51 5.21 Price basis

How does exactly the PVC mechanism work? Does it mean that once the Prize has been revised, all the payments performed after the Price Variation will be calculated according to the new Prize? Or does it mean that all the payments regarding a Trainset to be delivered after a Price Variation will be adjusted according to the new Price?

PVC mechanism is explained in 5.21.0 (f).

52 5.23.1 LD for non -fulfillment of Time Schedule: In the event of the company's failure to deliver, a Train in accordance with the (mutually agreed) timelines as per Clause 5.62.2 , ICF shall recover from the Company an amount equal to 0.5% (zero point five per cent) of the Train Price as Damages for each and every month, or part thereof, by which the delivery of that Train is delayed; provided that such Damages shal 1 not exceed 10% (ten p er cent) of the Train Price,The Parties hereto expressly agree that if the delay in supply of a Train has arisen solely on account of any cause attributable to ICF, or on account of Force

LD for non -fulfillment of Time Schedule: In the event of the company's failure to deliver, a Train in accordance with the (mutually agreed) timelines as per Clause 5.62.2 , ICF shall recover from the Company an amount equal to 0.5% (zero point five per cent) of the Train Price as Damages for each and every month, or part thereof, by which the delivery of that Train is delayed; provided that such Damages shal 1 not exceed 10% (ten p er cent) of the Train Price,The Parties hereto expressly agree that if the delay in supply of a Train has arisen solely on account of any cause attributable to ICF, or on account of Force Majeure, the Company shall be entitled to such additional time as may be reasonably required by the circumstances of the case. This LD shall be the sole remedy for the damages caused for the relevant event of


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Majeure, the Company shall be entitled to such additional time as may be reasonably required by the circumstances of the case.

delay

53 5.23.2 The Total Liability for delay is limited to 10% of the total contract value.

Please confirm that the total liability under the contract is also limited to 10% of the total contract value


54 5.23.3 Payment or deduction of liquidated damages shall in no way relieve the Contractor from his contractual responsibilities to complete the works.

Please define Liquidated damages.

Liquidated damages are defined in 5.23.0

55 5.23.4 Delivery of the trainset shall be considered as completed when all equipment including spares and drawings / documents as per details given in tender" specifications have been manufactured/supplied by the Contractor and duly certified by ICF.

Delivery of the trainset shall be considered as completed when all equipment including spares and drawings / documents as per details given in tender" specifications have been manufactured/supplied by the Contractor and duly certified by ICF. In case ICF shall not sign the certificate in a due time, when the relevant obligations has been complied by the contractor in conformity with the terms and conditions of this contract

Relevant time frame has been defined for approval. Hence no change is envisaged.

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56 5.24 ICF may, in its discretion and from time to time, extend the Supply Programme by up to 1 {one) year and by mutual consent for a further period of 1 (one) year, and upon such extension, the Supply Period and the Agreement Period shall be deemed to be extended by a corresponding period on the terms and conditions specified in this document. However LD as applicable shall be levied if extension is necessitated because of delay in supply and commissioning by the contractor.

The cost in which the contractor reasonably could incurr by the discretional extension of 1 year by ICF, should be compensated in order not to be quoted in the price of the trains.

Compensation is available in the form of PVC in case delay or extension is not attributable to the contractor.

57 5.26 Mobilization Advance (for contract value of schedule I) Mobilization advance will be payable in 2 stages as indicated below: Stage I : 5% of Contract Value On signing of the contract agreement. Stage II : 5% of Contract Value completion of 1st train set body shell at contractor premise

1. Please clarify why the Stage I and II don´t match with the Table 16 neither the concept nor the percentages. 2.We request you again to make direct payment to respective consortium members on submission of bills /payment claim as per payment schedule defined under 5.26 and 5.28 . This is required for proper payment accounting / tax reimbursement etc . We shall at the time of bid submission , submit the breakup of absolute share for each consortium member for each schedule of payment under 5.26 and 5.28

1. These stages are for payment of mobilization advance and not related with stages for contract payment. 2. Direct payment to respective consortium members will be guided by Modified Clause 4.5.4 of the Corrigendum-04.

58 5.27 The above advance is subject to the following conditions:- a) The advance payment will be subject to Terms & Conditions indicated in Clause: 1264 of Engineering Code of Indian Railways with the latest amendments (Railway Board's letter no. 2007/CE-I/CT/18/Pt.3

Mobilization Advance goal is to provide supplier with a neutrum cash-flow, which prevents from including financial costs into the prize, and facilitates the provision of a lower price for ICF. This goal would be jeopardized in case Supplier must bear financial costs of 4,5% above base rate by State bank of India on Mobilization advance. Thus, we would suggest that ICF holds


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dated 23.05.2012, attached as Annexure-III). The Engineering Code is available on Indian Railway web site. b) The irrevocable bank guarantee shall be from a nationalized bank in India in a form acceptable to the Railways (as per Railway Board letter no. 2007/CE-I/CT/18/Pt.3 dated 23.05.2012, attached as Annexure-III) c) Advance will be recovered on pro rata basis from the "on account bills" of the contractor. The recovery shall commence when the value of contract executed reaches 15% of original contract value, and shall be completed when the value of work executed reaches 85% of the original contract value. d) Method of Recovery of interest: Interest will be recovered on the advance outstanding for the period commencing from the date of payment of advance till date of particular on-account bill (through.which recovery of principal is effected) and adjusted fully against on-account bill along with pro-rata principal recovery. In the event of any shortfall, the same will be earned to the next on-account bill. e): Mobilization advance will attract interest @ 4,5% per annum above the base rate of State bank of India as effective on the date of approval of payment of Mobilization Advance by the competent authority (as per Railway Board

financial cost of Mobilization Advance.

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letter no. 2007/CE-I/CT/18/PL3 dated 23.05.2012,attached as Annexure-III)

59 5.28 Payment Schedule: Payment for supply of trainset including supply, manufacturing, testm&commissioning and supply of spares. (See Table 16) * The 5 % at Stage IV above and subsequent payments will be paid only after successful completion of Oscillation and other performance trials + The 5% of Stage III will be paid after setting up of Machinery and Plant at ICF for carrying out the minimum activities listed at 5.2.1.7 .

We request you again to make direct payment to respective consortium members on submission of bills /payment claim as per payment schedule defined under 5.26 and 5.28 . This is required for proper payment accounting / tax reimbursement etc . We shall at the time of bid submission , submit the breakup of absolute share for each consortium member for each schedule of payment under 5.26 and 5.28

Direct payment to respective consortium members will be guided by Modified Clause 4.5.4 of the Corrigendum-04.

60 5.3 Procedure for release of payments to Contractor. i) Format of bill will be supplied to the successful bidder. The Contractor shall submit his bills in this format. ii) Filling of Measurement Book (MB): Filling of measurement book (MB) for shall be in accordance with the conditions laid in General Conditions of Contract 2014. iii) The Contractor will maintain records in a site book for verification by ICF from time to time.

It is not clear which is the format of the invoice. Please clarify the meaning of MB. It is not established the maximum period to maintain records in the books. Additionally, following change is proposed "Procedure for release of payments to Contractor. i) Format of bill will be supplied to the successful bidder. The Contractor shall submit his bills in this format. ii) Filling of Measurement Book (MB): Filling of measurement book (MB) for shall be in accordance with the conditions laid in General Conditions of Contract 2014. iii) The Contractor will maintain records in a site book for verification by ICF from time to time, only to respects to the payments done by ICF under this contract."

The records shall mean the progress of work, internal inspections carried out, and production plans etc. which are required inline with good industry practice.

61 5.32 Due date of paymentPayment shall ICF payments should be fixed to 30 days Modified clause added as part of

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be due and payable by ICF within a reasonable period which will normally not exceed 30 days from the date of receipt of complete and correct invoice supported by requisite certificate and documents. If it is not payable the invoice will be returned to the Contractor stating the reasons for rejection within a month from the date of receipt by the Railway.

period and not let it open, as established for potential payments from Contractor to ICF. We suggest this point to be updated accordingly . This clause shall include the posibility to compensate the contractor with the same system of interests recovery applied to advance payments from the customer.

Corrigendum-04.

62 5.33 Deduction from contract price. The Contractor shall reimburse to ICF all costs, charges, damages or expenses which ICF may have paid or incurred and to the extent to which the Contractor is liable under this Contract to pay within 30 days up on written request from the Railway, failing which such costs, charges, damages or expenses shall be deducted by ICF from any money due or becoming due by him to the Contractor under this Contract or any other Contract failing which such amounts shall be considered as debt due from the Contractor to ICF and shall be recoverable accordingly.

Liability of the Contractor should be proven. Contractor should have the opportunity to state its point of view. In case of disagreement, Dispute Resolution procedure should be applied. Additionally, we sugges to change the clause into the followiing formula: Deduction from contract price. The Contractor shall reimburse to ICF undisputed all costs, charges, damages or

expenses which ICF may have paid or incurred and to the extent to which the Contractor is liable under this Contract to pay within 30 days up on written request from the Railway, failing which such costs, charges, damages or expenses shall be deducted by ICF from any money due or becoming due by him to the Contractor under this Contract or any other Contract failing which such amounts shall be considered as debt due from the Contractor to ICF and shall be recoverable accordingly.

Undisputed is implied. No Change is envisaged.

63 5.35.1 Insurance during Agreement Period: The Company shall effect and maintain at its own cost, during the Agreement Period, such insurances to such maximum sums as may be required under this Agreement, the Financing

We don´t understand the last sentence: "the insurer shall pay the proceeds of insurance to ICF in the event of Termination". There is not in the insurance market any Insurance policy that covers Termination events.

The meaning conveyed is proceeds of insurance policy.

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Agreements and Applicable Laws, and such insurances as may be necessary or prudent in accordance with Good industry Practice. The Company shall also effect and maintain such insurances as may be necessary for mitigating the risks that may devolve on ICF as a consequence of any act or omission of the Company during the Agreement Period. The Company shall procure that in each insurance policy, ICF shall be a co-insured and that the insurer shall pay the proceeds of insurance to ICF in the event of Termination.

64 5.35.3 Information to ICF The Company shall furnish to ICF, in reasonable detail, information in respect of the insurances that it proposes to effect and maintain in accordance with this clause 5.35.0. Within 30 (thirty) days of receipt of such information, ICF may require the Company to effect and maintain such other insurances as may be necessary pursuan there to,and in the event of any difference or disagreement relating to any such insurance, the Dispute Resolution Procedure shall apply.

Information to ICF The Company shall furnish to ICF, in reasonable detail, information in respect of the insurances that it proposes to effect and maintain in accordance with this clause 5.35.0. Within 30 (thirty) days of receipt of such information, ICF may require the Company to effect and maintain such other insurances as may be necessary pursuan there to,and in the event of any difference or disagreement relating to any such insurance, the Dispute Resolution Procedure shall apply. The insurance requirements of ICF will be always according to the applicable Laws and Good industry Practice and Insurance market´s standards.


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65 5.35.5 Remedy for failure to insure If the Company shall fail to effect and keep in force all insurances for which it is responsible pursuant hereto, ICF shall have the option to either keep in force any such insurances, and pay such premia and recover the costs thereof from the Company, or in the event of computation of a Termination Payment, treat an amount equal to the Insurance Cover as deemed to have been received by the Company.

Refer to our coment to the 5.35.1 regarding the Termination Payment (event)

The meaning conveyed is proceeds of insurance policy.

66 5.35.6 Application of insurance proceeds The proceeds from all insurance claims, except life and injury, shall be paid to the Company, and it shall apply such proceeds for any necessary repair, reconstruction, reinstatement, replacement, improvement, delivery or installation of the Trains or the equipment set up at ICF, as the case may be, and the balance remaining, if any, shall be applied in accordance with the provisions contained in this behalf in the Financing Agreements.

The payments received by insurance policies are always the justified costs incurred to pay the incidents/sinisters. Any balance remaining can be exist to be used.


67 5.35.7 Compliance with conditions of insurance policies The Company expressly acknowledges and undertakes to folly indemnify ICF from and against all losses and claims arising from the Company's failure to comply with conditions imposed by the insurance policies effected in

We understand that if we don´t comply with some condition of our insurance contracts, and existing a loss or claim against ICF caused by the Company, the insurance policy denies the coverage, the Company will directly respond of this claim. Please confirm

Clause is clear and ICF shall be indemnified.

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accordance with this Agreement.

68 5.37.1 The Contractor shall be responsible for any discrepancies, errors and omissions in the drawings or other information submitted by him, irrespective of whether these have been approved, reviewed or otherwise accepted by ICF or not.

Please confirm that this obligation is only related to tech documents provided by Talgo and not in respect of the documentation provided by ICF. Under the second scenario, the liability shall have to fall within ICF.

The clause talks about documents submitted by the contractor.

69 5.38.4 Final Commissioning CertificateFinal commissioning certificate shall be issued by ICF within 30 days from thefollowing date (which ever is later) when:a) Contractor successfully commissioned 14 trainsets and spare coaches.b) Contractor has trained ICF staff for manufacturing of coachesc) Sucessfally established, commissioned simulator at ICF.d) The Contractor has met all other obligations under this Contract e) The issuance of the Final Commissioning Test Certificate shall not be unreasonably withheld or delayed by ICF. lf ICF does not issue the Certificate within 60 days without written notice, the Final Commissioning Certificate is deemed to have been issued

Final Commissioning CertificateFinal commissioning certificate shall be issued by ICF within 30 days from thefollowing date (which ever is later) when:a) Contractor successfully commissioned 14 trainsets and spare coaches.b) Contractor has trained ICF staff for manufacturing of coaches c) Sucessfally established, commissioned simulator at ICF.d) The Contractor has met all other obligations under this Contract e) The issuance of the Final Commissioning Test Certificate shall not be unreasonably withheld or delayed by ICF. lf ICF does not issue the Certificate within 60 45 days without

written notice, the Final Commissioning Certificate is deemed to have been issued on the date that the aforementioned conditions had been met


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70 5.41.1 All maps, plans, drawings, specifications, schemes and the subject matter contained therein and all other information given to the Contractor by ICF in connection with the Contract shall be held confidential by the Contractor and shall remain the property of ICF.

All maps, plans, drawings, specifications, schemes and the subject matter contained therein and all other information given to the Contractor by ICF in connection with the Contract shall be held confidential by the Contractor and shall remain the property of ICF. All documents given to ICF by the contractor shall comply with confidentiality conditions that shall be set out in the contract


71 5.41.3 Contractor grants to ICF the right to use the documents for Manufacturing, operation and maintenance of the trainsets delivered in accordance with this contract.

Contractor grants to ICF the right to use the documents for Manufacturing (within the framework defined at clause 5.16),

operation and maintenance of the trainsets delivered in accordance with this contract. In this regard ICF assumes that the rights granted herein are provided under perpetual, royalty free, non exclusive basis and limited to manufacture this specific trainsets within the Indian territory and with exclusion to sell, transfer or assign to any other third party different from Indian Railways or ICF. This conditions shall be required to Indian Railways or ICF in any agreement which any agreement signed regarding this trainsets

Modified clause added as part of corrigendum -4.

72 5.42.2 If any assembly/subassembly requires to be taken back by the contractor for repairs/replacement either before commissioning or during warranty, the contractor would be required to submit a bank guarantee (BG). The BG should be of adequate value so as to cover the cost of the assembly/assemblies and shall be decided by ICF.

ICF does not pay the last 10% of the Contract Value until end of Commissioning and at that time a BG of 10% of Contract Value has to be established till the end of Warranty Period. Therefore, no additional BGs should be required to guarantee performance by the Contractor of its repair/replacement obligations in commissioning/warranty phases. Due to these reasons this clause can be eliminated or modified accordingly taken into account these reasons

Modified clause added as part of corrigendum -4.

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73 5.43.1 The Contractor shall at all times indemnify and keep indemnified ICF against all claims which may be made against ICF in respect of any infringement of any rights protected by patent laws. In this connection, ICF shall pass on all claims made against him to the Contractor for settlement.

The Contractor shall at all times indemnify and keep indemnified ICF against all legal and justified claims which may be made

against ICF in respect of any infringement (directly attributable to the contractor) of any rights protected by patent laws. In this connection, ICF shall pass on all claims made against him to the Contractor for settlement.


74 5.43.2 ICF shall not be held responsible for any accident or damages incurred or claims arising there-from during the period of execution of work under the responsibility of the Contractor and putting into operation of the plant under the supervision of the Contractor in so far as the latter is responsible. However, the Contractor shall be liable for such accidents as may be due to negligence on his part in accordance with Indian laws and regulations.

ICF shall not be held responsible for any accident or damages incurred or claims arising there-from during the period of execution of work under the responsibility of the Contractor and putting into operation of the plant under the supervision of the Contractor in so far as the latter is responsible. However, the Contractor shall be liable for such accidents as may be due to wilful conduct or gross negligence on his part in accordance with Indian laws and regulations.


75 5.43.3 Except as otherwise provided in this Document, neither Party (ICF and Contractor) shall be liable to the other Party for any loss of profit or for any other indirect or consequential damages or losses that may.be suffered in connection with this Agreement.

Except as otherwise provided in this Document, neither Party (ICF and Contractor) shall be liable to the other Party for any loss of profit or for any other indirect incidental or consequential damages or

losses that may.be suffered in connection with this Agreement different from direct damages


76 5.43.4 Notwithstanding anything to the contrary contained in this clause 5.43.0, the indemnities herein provided shall not include any claim or recovery in respect of any cost, expense, loss or damage of an indirect, incidental or consequential nature, including loss of profit, except as expressly

Notwithstanding anything to the contrary contained in this clause 5.43.0, the indemnities herein provided shall not include any claim or recovery in respect of any cost, expense, loss or damage of an indirect, incidental or consequential nature, including loss of profit, except as expressly provided in this Agreement. . We suggest to eliminate this clause because it is already regulated on


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provided in this Agreement. . 5.43.3 . and use this section to include the liability limit pursuant to this proposal, so that clause 5.43.4 will be the following: "The contractor maximum liability under this contract shall under no circumstances exceed 10 % of the price of the contract"

77 5.44 Contract can be rescinded by ICF owing to default of contractor-If the Contractor:(i) Becomes bankrupt or insolvent, or(ii) Make an arrangement with of assignment in favour of his creditors, oragree to carry out the contract under a Committee of Inspection of his creditors, or (iii) Being a company or corporation, go into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction), or (iv) Have an execution levied on his goods or property on the works, or (v) Assign the contract or any part thereof otherwise than as provided in GCC-2014, or (vi) Abandon the contract, or(vii) Persistently disregard the instructions of the Engineer, or contravene any provision of the contract, or (viii) Fail to adhere to the agreed programme of work by margin of 15% of the stipulated period,delay in the specified period will be counted from the final delivery / completion schedule mentioned in Clause 5.62.2 or

Contract can be rescinded by ICF owing to default of contractor-If the Contractor :(i) Becomes bankrupt or insolvent , or(ii) Make an arrangement with of assignment in favour of his creditors, oragree to carry out the contract under a Committee of Inspection of his creditors, or (iii) Being a company or corporation, go into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction), or (iv) Have an execution levied on his goods or property on the works, or (v) Assign the contract or any part thereof otherwise than as provided in GCC-2014, or (vi) Abandon the contract, or(vii) Persistently disregard the instructions of the Engineer, or contravene any provision of the contract, or (viii) The Total Liability for delay is reached Fail to adhere to the agreed

programme of work by margin of 15% of the stipulated period,delay in the specified period will be counted from the final delivery / completion schedule mentioned in Clause 5.62.2 or *Note:The items i, ii, iii & iv shall only be applied by ICF in case of these situations prevent the contractor to comply with its obligation under the contract. The above mentioned causes of rescinding the contract by ICF shall only be applied in case of the contractor (i) shall not remedy such cause within a reasonable period of


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time or (ii) shall not start to remedy this situation within 60 days

78 5.48 Warranty applicable We suggest to add this clause as 5.48.14: The contractor shall not be liable with respect to any defect under the Warranty Period arising from expected operational wear and tear, wilful damage, negligence, abnormal working conditions, Force Majeure Event, failure of the Buyer to follow the contractor’s instructions/manuals/documents, misuse, alteration or repair of the trainsets without the contractor’s approval and/or lack of the maintenance or in case that the maintenance will not be provided by the contractor under the Maintenance Contract.


79 5.48.1 The Contractor warrants that Trainsets shall be new and modern design based on best engineering practices and employing up to date, proven and established technology suitable for Indian conditions.

Please confirm the reference to the best engineering practices. This mention is too broad.


80 5.48.7 Regarding Spare parts the Warranty period shall be 24 months after delivery.

Are Spare parts scope of the Supply Contract, or will they be part of the Scope of AMC contract?

Spare parts which are to be replaced as part of maintenance for first six months of train service is part of this contract. Thereafter spare parts are part of AMC contract.

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81 5.48.9 If during the period of Warranty the entire trainset/coach should be unavailable for reasons ascribable to the Contractor or tor performing a design modification to better adapt the facility of technological progress, the period of Warranty covering the particular Trainset shall be extended by ail of the period of unavailability of the equipment.

If during the period of Warranty the entire trainset/coach should be unavailable for reasons directly and ascribable to the

Contractor or tor performing a design modification to better adapt the facility of technological progress, the period of Warranty covering the particular Trainset shall be extended by ail of the period of unavailability of the equipment.


82 5.49.1 Variation in the Quantities shall be governed by GCC 2014. Please clarify if a variation in Quantities

implies a variation in price.

Yes governed by GCC 2014- clause 42(4).

83 5.60.4 If, even with two repetitive tests the performance values are not achieved for reasons within the Contractor's responsibility, the Contractor shall undertake at his own cost such modification or replacement as are considered necessary, to obtain the performance guarantee values as stipulated in Contract Specification and the responsibility to demonstrate successful performance guarantee shall continue to remain with the Contractor till so established.

We consider that the pereference to the performance guarantee it is not clear, as it has been included herein. Please clarify that this reference is related to technical aspect and not a performance guarantee understood as a bond.

Yes the reference is related to technical aspect.

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84 5.61 Training a) Contractor shall provide training to staff nominated by ICF at the Contractor's premises in the following areas. i. General Design Aspects ii. Manufacturing process and assembly procedures. iii. Quality control. b) Training will be imparted by the contractor at ICF / Zonal Maintenance Depots as per details given below (see Table 17); c) Selection of staff for on Job Training (for manufacturing) ICF shall shortlist eligible candidates in accordance with the criteria specified by the contractor and forward the list and particulars thereof to the Company for on Job training for manufacturing of coaches.

1. Some of these trainings must be provided at the contractor facilities as it is allowed by 5.2.15.1, it is possible? 2. We understand ICF/Zonal Railways will assume cost of travel expenses and subsistence allowances for its personnel.

1. Yes, it is possible. 2. ICF/Zonal Railways will assume cost of travel expenses and subsistence allowances for its personnel.

85 5.62.5 Decision of railways will be final in ascertaining whether the delay has taken place on ICF account or on contractor account.

In case of disagreement between ICF and Contractor on this issue, Dispute Resolution process should be triggered. We suggest to modifiy the wording accordingly


86 5.67.1 The Company acknowledges that prior to the execution of this Agreement, the Company has, after a complete and careful examination, made an independent evaluation of the bid documents, Scope of the Agreement, Specifications'' and Standards, ICF site, local conditions, physical qualities of ground, subsoil and geology and all information provided by ICF or obtained, procured or gathered otherwise,

The Company acknowledges that prior to the execution of this Agreement, the Company has, after a complete and careful examination, made an independent evaluation of the bid documents, Scope of the Agreement, Specifications'' and Standards. ICF shall be responsible to provide to the contractor, at least, the following information: ICF site, local conditions, physical qualities of ground, subsoil and geology and all information provided by ICF ICF site, local conditions, physical qualities of ground, subsoil and


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and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties^ risks and hazards as are likely to arise or may be faced by it in the. course of performance of its obligations hereunder.

geology) or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties^ risks and hazards as are likely to arise or may be faced by it in the. course of performance of its obligations hereunder.

87 5.67.3 Except as otherwise provided in this Agreement, alt risks relating to the Agreement shall be borne by the Company and the ICF shall not be liable in any manner for such risks or the consequencesthereof.

Except as otherwise provided in this Agreement, alt risks relating to the Agreement shall be borne by the parties in accordance with the terms and conditions agreed herein Company and the ICF shall

not be liable in any manner for such risks or the consequencesthereof.


88 5.68.1 The configuration of Trainset is as defined in the Technical Specification. However If a tenderer offers a coach configuration within a 20 coach sleeper train such that: a. Basic Common Units can be made of 5 or 10 coaches b. Powering is modified but acceleration, maximum speed and residual acceleration are met a Number of coaches of each type in 20 Car Trainset do not change by more than one coach of each type . eg AC III coaches may be reduced or increased to 12 or 14 against the 13 specified

If basic units of 5 or 10 are designed, does the possibility of adding an additional basic unit of 4 coaches stated in 3.1.1 of Tech Spech, remain applicable? Definitions of Tech Spech define basic unit as 4 coaches unit with 50% of motorized axle, as basi units of 5/10 coaches are allowed we suggest to change this defintion

Clauses 5.68.0, 5.68.1 and 5.68.2 stand deleted vide Corrigendum-04

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89 9.0 (i) In compliance of the obligations set forth in this Chapter, the Successful bidder shall furnish to ICF, free of cost, all Technical Documents and Drawings listed in this chapter. (ii) The Contract doesn't call for Trasfer of Technology (TOT), however the drawings listed here are required for procurementof sub-assemblies for manufacturing and maitenace/repair purposes. (iii) For the purposes hereof, Technical Documents shall mean and include plans and drawings of the Train or sub-system or equipment thereof. It shall also include the particulars of the original equipment manufacturer, if any (the "OEM"). For the avoidance of doubt, Technical Documentsshall, to the extent applicable, include dimensions, weight, efficiency, Results of Finite Element Method (FEM) analysis and bearing life.lt shall also include,where applicable, power consumption, voltage, current, device and other ratings of electrical equipments. Documents shall, to the extent applicable, include the safety assurance plan,interface management plan, quality assurance plan, Electro-magnetic Interference/Compatibility (EMI/EMC) management plan and Reliability, Availability, Maintenance and Safety (RAMS) management plan.

(i) In compliance of the obligations set forth in this Chapter, the Successful bidder shall furnish to ICF, free of cost, all Technical Documents and Drawings listed in this chapter. (ii) The Contract doesn't call for Trasfer of Technology (TOT), however the drawings listed here are required for procurementof sub-assemblies for manufacturing and maitenace/repair purposes. (iii) For the purposes hereof, Technical Documents shall mean and include plans and drawings of the Train or sub-system or equipment thereof. It shall also include the particulars of the original equipment manufacturer, if any (the "OEM"). For the avoidance of doubt, Technical Documentsshall, to the extent applicable, include dimensions, weight, efficiency, Results of Finite Element Method (FEM) analysis and bearing life.lt shall also include ,where applicable, power consumption, voltage, current, device and other ratings of electrical equipments. Documents shall, to the extent applicable, include the safety assurance plan ,interface management plan, quality assurance plan, Electro-magnetic Interference/Compatibility (EMI/EMC) management plan and Reliability, Availability, Maintenance and Safety (RAMS) management plan. All these terms shall be considered and construed in accordance with the terms and conditions indicated in clause 5.41.3


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90 10.3 Agency for conducting Tests Save and except as otherwise specified, all Tests set forth in this Chapter shall be conducted by the Company or such other agency or person as it may specify in consultation with iCF.

Who will be bear the costs and expenses of the agency?

Agency cost shall be borne by the contractor. ICF will take care of travel/lodging expenses of Agency nominated by ICF.

91 10.4 Type Tests on Prototype Trainsets

We understand that ICF will take care of following costs related to Trial Runs/Oscillation Tests (ICF own costs, drivers, track access, energy, RDSO/IR/ICF personnel & instrumentation, stabling & security). Please confirm

ICF will take care of following costs related to Trial Runs/Oscillation Tests (ICF own costs, drivers, track access, energy, RDSO/IR/ICF personnel & instrumentation, stabling & security)

92 10.5.1 Oscillation Test shall be carried out to prove the stability and riding performance of the Prototype. The Train shall be subjected to trials on Government's railway lines to determine its compliance with Specifications and Standards, at speeds up to 180Kmph (10% above speed potential of 160 kmph) to establish the performance and track-worthiness at the specified maximum operating speed, in four configurations, namely, instrumented bogie leading and trailing with original and condemning wheel profile. The following criteria shall be adopted for clearing the stock for regula roperations:(i) evaluation shall be done as per the: A).Third Report of Standing Criteria Committee, for assessment of stability of Rolling Stock on lndian Railway; or B) UIC-518 However, since RDSO is not fully equipped to conduct the trial as per

If UIC-518 is used points ii) and iii) should not apply. If agreed, please modify accordingly


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UIC 518, a scheme mutually agreeable to IR & the contractor shall be followed. The contractor shall provide necessary assistance in conducting the test(ii) Ride Index shall not be greater than 3.5;(iii)The values of acceleration recorded as near as possible to the bogie pivot shall be limited to 0.3g (g is acceleration due to gravity) both in vertical and lateral directions. A peak value up to 0.35g may be permitted, if the records do notindicate a resonant tendency in the region of the peak value;(iv) Measurement of lateral forces and derailmentcoefficient;(v) Test for Damping, Bouncing and Pitching(vi)A general indication of stable running, characteristic of the Prototype as evidenced by the movement of the bogie on straight and curved track, shall be based on the recorded acceleration reading and instantaneous wheel load variation/ spring deflections

93 10.17.1 The Prototype shall be evaluated by the Indian Railways during operation for the first 50000 Kms. Defects and deficiencies, if any, shall be notified to the Company for rectification.

We understand that service trials will take place in revenue service of the trains and after issuing of Commissioning Certificate of Train #1. Please confirm

Yes. Understanding is correct

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94 10.18.1 Routine Tests onTrains (i) All the routine tests specified for a Train in IEC 61133 shall be conducted at the manufacturer'splant. (ii) Routine tests shall be conducted at the OEM's premises for Brake System, Furnishing Materials, Bogie items. Doors and Gangways.

Please indicate if routine dynamic testing is foreseen. If the answer is positive, please provide expected scope of routine dynamic testing

Routine dynamic testing shall be conducted to establish the working of all systems

95 13.6 Survival Termination shall: (a) not relieve the Company or ICF,as the case may be, of any obligations hereunder which expressly or by implication survive Termination hereof;and (b) except as otherwise provided in any provision of this Agreement expressly limiting the liability of either Party, not relieve either Party of any obligations or liabilities for loss or damage to the other Party arising out of, or caused by,acts or omissions of such Party prior to the effectiveness of such Termination or arising out of such Termination. All rights and obligations surviving Termination shall only survive for a period of 3 (three) years following the date of such Termination; provided, however, that all obligations of the Company in relation to licensing, sub-licensing, assignment or transfer of the specified Intellectual Property to the ICF shall survive the Termination inperpetuity.

Survival Termination shall: (a) not relieve the Company or ICF,as the case may be, of any obligations hereunder which expressly or by implication survive Termination hereof;and (b) except as otherwise provided in any provision of this Agreement expressly limiting the liability of either Party, not relieve either Party of any obligations or liabilities for loss or damage to the other Party arising out of, or caused by,acts or omissions of such Party prior to the effectiveness of such Termination or arising out of such Termination. All rights and obligations surviving Termination shall only survive for a period of 3 (three) years following the date of such Termination; provided, however, that all obligations of the Company in relation to licensing, sub-licensing, assignment or transfer of the specified Intellectual Property to the ICF shall survive the Termination in perpetuity; but in any case subjected to the terms and conditions indicated in clause 5.41.3


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96 _ Annual Maintenance Contract 1. When will be the Maintenance Contract awarded? When will the Maintenance Contract be entered into? Is it guaranteed that Maintenance will be carried out by Succesful bidder or is it possible a scenario in which Maintenance would be carried our by the railways? 2. What is the TDS to be deducted regarding AMC?

1. Maintenance will be carried out by successful bidder through separate contract based on the cost quoted in this tender and conditions defined in the current bid document. 2. Current rated of TDS is 2 %

97 14.2 The provisional maintenance manual and the infrastructure requirement for the maintenance shall be submitted by the supplier within one year of receipt of letter of acceptance. ICF shall convey its comments within a period of 60 days from the date of receipt of provisional maintenance manual and mutually agreed maintenance manual shall be prepared at least 3 months before the delivery of the first Trainset.

We suggest to consider LOA+12 months for delivery of maintenance infraestructure requirements, and LOA+18 months for delivery of provisional maintenance manual and suggest to modify the wording accordingly

Bidder can submit timeline as per 5.62.0.

98 14.6 Maintenance infrastructure shall be provided by the Railways. Electricity, water. washing facility space for stocking maintenance spares and tools and reasonable office space will be provided by the Railways free of cost to the supplier. Necessary assistance will be provided by Railways in terms of supporting Man power and materia) handling equipment for maintenance during warranty period.

We understand that maintenance of Maintenance Infrastructure will be performed by the Railways. Please confirm Is movement of the Trainsets inside Maintenance Infrastructure part of Railways scope?

Yes. Understanding is correct. Movement of trainset inside the maintenance infrastructure is part of Railway scope.

99 14.8 Sufficient inventory of Spares and consumables (both electrical and mechanical)will have to be stocked by the supplier to ensure proper maintenance and trouble free

We understand that Main Spare parts (i.e complete bogie or main transformer) are part of AMC scope of supply. Please indicate expected stock of other spares (not Main Spare parts) and consumables which must

6 months

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operation of the train. be available at the end of the four year maintenance period ( three months?, six months?, one year?)

100 14.14.1 In the case of Scheduled Maintenance, the period between entry of a Train at the Maintenance Depot and the time when it is declared by the Company as available for operation;

We understand wheel re-profiling as a Scheduled Maintenance operation. Please confirm

Please refer new clauses on Maintenance added as part of Corrigendum-04.

101 14.14.2 In case of unscheduled maintenance arising out of consequential damages as defined in maintenance clause 14.9, 15 % of the period between entry of train at maintenance depot and the time when it is declared by the company as available for operation.

Being the origin of the unschedule maintenance external to the supplier, no portion required time for repair should not be accounted as non-available hours. If needed, required time for repair should be agreed between the parties. Thus, 100% of the time required for repair should account as available for operation. We suggest the text to be modified accordingly

Only 15% is being considered and no change is envisaged.

102 14.17 For every 1% reduction in the availability hours as compared to the guarantee hours of a train set, a penalty of 4% on yearly maintenance fee shall be recovered as damages.

For every 1% reduction in the availability hours as compared to the guarantee hours of a train set, a penalty of 1%4% on yearly

maintenance fee shall be recovered as damages.


103 15.5.2 The Affected Party shall not be entitled to any relief for or in respect of a Force Majeure Event unless it shall have notified the other Party of the occurrence of the Force Majeure Event as soon as reasonably practicable, and in any event no later than 7 (seven) days after the Affected Party knew, or ought reasonably to have known, of its occurrence, and shall have given particulars of the probable material effect that the Force Majeure Event is likely to have on

The Affected Party shall not be entitled to any relief for or in respect of a Force Majeure Event unless it shall have notified the other Party of the occurrence of the Force Majeure Event as soon as reasonably practicable, and with the purpose of the parties to try to provide it in a period no longer than any event no later than 7 (seven) 30 (thirty) days after the Affected Party knew, or ought reasonably to have known, of its occurrence, and shall have given particulars of the probable material effect that the Force Majeure Event is likely to have on the performance of its obligations under this


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the performance of its obligations under this Agreement.

Agreement.

104 15.6.2 At any time after the Appointed Date, if any Force Majeure Event occurs: (ii) During the supply period, whereupon the Company is unable to supply Trains despite making best efforts or it is directed by the Government to suspend the manufacture thereof during the subsistence of such Force Majeure Event, the Supply Programme and the Agreement Period shall be extended by a period, equal in length to the period during which the Company was prevented from manufacturing Trains on account thereof, or (iii)after the commencement of the Maintenance Period, whereupon the Company is unable to undertake its Maintenance Obligations with respect to any or . all of the Trains despite making best efforts or it is directed by the Government to suspend the maintenance services thereof during the subsistence of such Force Majeure Event, the Maintenance

At any time after the Appointed Date, if any Force Majeure Event occurs: (ii) During the supply period, whereupon the Company is unable to supply Trains despite making best efforts or it is directed by the Government to suspend the manufacture thereof during the subsistence of such Force Majeure Event, the Supply Programme and the Agreement Period shall be extended by a period, to be agreed by the parties with the aim not to extend more than necessary the schedule equal in

length to the period during which the Company was prevented from manufacturing Trains on account thereof, or (iii)after the commencement of the Maintenance Period, whereupon the Company is unable to undertake its Maintenance Obligations with respect to any or . all of the Trains despite making best efforts or it is directed by the Government to suspend the maintenance services thereof during the subsistence of such Force Majeure Event, the Maintenance Period for any or all of the affected Trains and the Agreement Period shall be extended by a period be agreed by the parties with the aim not to extend more than necessary the schedule, equal in length to the period


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Period for any or all of the affected Trains and the Agreement Period shall be extended by a period, equal in length to the period during which the Company was prevented from undertaking its Maintenance Obligations on account thereof.

during which the Company was prevented from undertaking its Maintenance Obligations on account thereof.

105 15.7.2 Upon occurrence of a Force Majeure Event after (he Appointed Date, the costs incurred and attributable to such event and directly relating to the Project (the "Force Majeure Costs") shall be allocated and paid as follows: (i) upon occurrence of a Non-Political Event, the Parties shall bear their respective Force Majeure Costs and neither Party shall be required to pay to the other Party any costs thereof; (ii) upon occurrence of an Indirect Political Event, all Force Majeure Costs attributable to such Indirect Political Event, and not exceeding the Insurance Cover for such Indirect Political Event, shall be

Upon occurrence of a Force Majeure Event after (he Appointed Date, the costs incurred and attributable to such event and directly relating to the Project (the "Force Majeure Costs") shall be allocated and paid as follows: (i) upon occurrence of a Non-Political Event and Indirect Political Event, the Parties shall bear their respective Force Majeure Costs and neither Party shall be required to pay to the other Party any costs thereof, except in case of termination of the contract as a result of the Force Majeure in which case ICF shall pay to the Company all the works already executed and the costs incurred to comply with its obligations until the Force Majeure was declared in accordance with the terms and conditions of this clause;


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borne by the Company, and to the extent Force Majeure Costs exceed such Insurance Cover, one half of such excess amount shall be reimbursed by the Government to the Company; and (iii) upon occurrence of a Political Event, all Force Majeure Costs attributable lo such Political Event shall be reimbursed by the Government to the Company.

(ii) upon occurrence of an Indirect Political Event, all Force Majeure Costs attributable to such Indirect Political Event, and not exceeding the Insurance Cover for such Indirect Political Event, shall be borne by the Company, and to the extent Force Majeure Costs exceed such Insurance Cover, one half of such excess amount shall be reimbursed by the Government to the Company; and (iii) upon occurrence of a Political Event, all Force Majeure Costs attributable to such Political Event shall be reimbursed by the Government to the Company or by ICF.

NOTE: We need that this obligation shall also be assumed by ICF as signatory of the agreement.

106 15.9.1 If Termination is on account of a Non-Political Event, the Government shall not make any Termination Payment to the Company.

Delete clause, as this it is already regulated under our proposal on 15.7.2 above

No change envisaged.

107 15.9.2 If Termination is on account of an Indirect Political Event, the Government shall make a Termination Payment to the Company in an amount equal to 90% (ninety percent) of the Adjusted Depreciated Value of Project Assets less Insurance Cover; provided that if an> insurance claims forming part of the Insurance Cover are not admitted and paid, then 80% (eighty per cent) of such unpaid claims shall be included in the computation of Termination Payment.

Delete clause, as this it is already regulated under our proposal on 15.7.2 above

Modified Clause Added as part of Corrigendum-04

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108 15.12.6 Within 15 (fifteen) days of receiving the order referred lo in clause 15.12.5, the Parties shall meet and make efforts in good faith to accept, in whole ot in part, the relief or remedy recommended by the conciliation tribunal for mitigating the effects of the Unforeseen Event and lo procure implementation of the Project in accordance with the provisions of this Agreement.

If the parties do not reach an agreement on that, please clarify if next steps would be brought an action before (i) Arbitration or (ii) Court.

If parties do not reach an agreement, dispute resolution as per chapter XII shall be resorted.

109 _ FINANCIAL BID (PRICE SCHEDULE)

We request ICF to do the evaluation of the bid without taxes and duties ( GST element ) This is important since GST rates have not stabilized yet with various ambiguities seen on rate structures . Base price should be inclusive of Custom duties whereas GST should be reimbursed on actual basis based on documentary evidence .

Modified financial bid issued as part of Corrigendum-04

110 1.1.3 The design and manufacture of the Train and the various Sub-systems thereof shall be based on the requirements set out in these Specification and Standards and in accordance with Good Industry Practice.

Please, specify the exact terms of "good industry practice"

Good industry practice is already defined in Corrigendum-1.

111 1.1.4 The Company shall demonstrate, to the satisfaction of the Government, that the Sub-systems proposed to be used in the Train are based on proven technology and design. For the avoidance of doubt, the Government may require the Company to conduct such tests and trials as may be necessary to establish the reliability and efficiency of such technology and designs in accordance with the Good Industry Practice.

The Company shall demonstrate, to the satisfaction of the Government, that the Sub-systems proposed to be used in the Train are based on proven technology and design. For the avoidance of doubt, the Government may require the Company to conduct such tests and trials as may be necessary to establish the reliability and efficiency of such technology and designs in accordance with the Good Industry Practice. Test and trials shall be agreed between the contractor and the Government or the corresponding authority

Tests and trials have already been defined in the bid document. No change envisaged.

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112 1.3.7 Every complete Car, as well as each constituent component, assembly, subsystem and system element shall be designed in such a manner as to perform its function reliably in revenue service. To ensure reliability of the system, redundancy shall be built-in so that the performance of the ‘Train of 20’ shall not deteriorate under the following conditions: • In the event of failure of one Basic Unit; • In the event of failure of equipment in the Train, less than or equivalent to that of one Basic Unit; As the equipments are identical for both types of Train, the performance may not be the same in Train of 16 in the event of above failure conditions.Further, the redundancy shall be built-in so that the performance of the Train of 16 and Train of 20 shall not deteriorate in the event of failure of auxiliary supply system of maximum two Basic Units.

Change to this clause was proposed in MoM of pre-bid conference on October 3rd, But this change is not included in ICF_Annex_0167_rev1. Please, confirm if the change is applicable.

This clause pertains to redundancy in the event of failure of auxiliary supply of one basic unit. In the event of failure of auxiliary supply system of one basic unit there should be automatic change over from adjacent basic unit immediately and that performance of brakes should also not deteriorate. Train of 16 is not applicable.

113 1.4 The power supply system adopted is 25 kV, 50 Hz single phase AC with following features: (See Table 2)

Please clarify the maximum and minimum not permanent voltages according UNE EN 50163.

Maximum and Minimum voltages are already mentioned in the table.

114 1.5 Track Parameters Track parameters indicate a maximum gradient of 1:37. However, reference line HWH-NDLS has a maximum gradient of 1:80 as indicated in Annexure A6. Please could you indicate clearly what is the maximum gradient that must be considered? It is important, especially for the dimensioning of t he propulsion system. Additonally, the

The maximum gradient of 1 in 37 should be considered.

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location and lenght of neutral sections and location and lenght of tunnels, in t he reference line HWH-NDLS, could be very helpful for the calculation of the propulsion system; can you provide it?

115 1.6 The climatic and environmental conditions prevailing in India are the following: (See Table 4)

(See Table 4) We propose change solar radiation from 1 kW/m2 to 800 W/m2 according to EN13129-1 Zone I. 1 kW/m2 is considered in, desert conditions, as Saudi Arabia, that is not adecuated to India Climatic conditions.


116 1.8.1 The capacity in different types of Cars of Train

Please, clarify number of PWDs in the Cabin Cars, we understand there shall 8 passengers + 1 PWD in this type of coach.

This will be decided in design approval stage based on the feasibility.

117 1.8.2 The Company shall design the payload of all type of Cars as per UIC 566.

Please, specify the particular load case to be considered within UIC 566

Load under service conditions and proof load also to be considered.

118 2.4.4 Normal Conditions: • All vehicle speeds up to design speed • All vehicle loads between tare and crush load. • Any degree of vehicle wheel wear between new and fully worn. • Any degree of vehicle suspension, wear or adjustment from new to fully worn, including all service tolerances and potential variations in setting. • Maximum cant deficiency. • Maximum cant excess. • Vehicle lateral and rolling movements due to wind forces. • Vehicle yaw and vertical movements. • Track tolerances

Is it mandatory to perform the kinematic envelopes calculations also for the minimum curve radius of 145 m (horizontal)?

Yes.

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119 2.8.1 The Cars shall comply with all applicable strength and testing requirements, and shall minimize weight to the extent possible. In the selection of the type and thickness of material to be used, the Company shall be guided by the desire to obtain the maximum strength and reliability with the minimum weight which is obtainable at reasonable cost. .....l overall axle load of each Car, fitted with necessary equipment & other accessories and laden as specified in Clause 1.8.1 of these Specification and Standards, does not exceed 18.0 tonnes.

Under which load condition should be calculated the required performance parameter of 18 Tn Axle load? Shall be achieved when the Train is loaded as per UIC 566 Chapter 1.3 for the whole service range of wheel diameter? If that is the case, shall we increase the weight of the coach body (in running order) and payload by 20%, following the chapter 1.3 definition?

18 T is the maximum axle load including overloading.

120 2.10 Train shall at all times achieve a minimum power factor of 0.98 as measured at the pantograph for power more than 50% of rated power.

Explain better, "more than 50% of rated power, for other hand, all the equipments on board will have a minimum power factor of 0,98.

Yes, understanding is correct.

121 2.12 It shall be possible to detach any Basic Unit from the Train, under emergency situation viz. mechanical damages and attach the remaining portions of the Train easily for continuing the journey. In case of the detachment of the leading Basic Unit, it shall be possible to attach a locomotive with the second Basic Unit coupler and continue the journey . In case of the detachment of the rear Basic Unit, the Train shall be towed to nearest shed safely.

Please provide interface information about the coupling with the auxiliary rescue locomotives

Locomotives are provided with AAR H or E Type CBC Coupler.

122 2.20 Dust and Noise Suppression system of proven design shall be provided in Cars as specified in Clause 1.8 and Clause 2.14 of

We don't find any Dust or Noise requirements in clause 1.8. Please clarify

Modified Clause added as part of ICF Annexure (rev-02)

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these Specification and Standards.

123 3.1.3 Train shall have gangways between intermediate Cars to allow passengers to walk between them. No gangway is required at the Driving Cab end of a Driving Car.

We understand that PWD shall not walk between intermediate cars. Is this interpretation correct?

Yes. The understanding is correct

124 3.1.18 Environmental Protection

not Consider to use PB batteries? PB batteries cannot be used.

125 3.1.20 Danger Plate Danger plate shall be provided as per IS: 2551 at all electrical equipment’s where operating voltage is more than 230 V.

Please clarify, if the danger plate of Electrical Risk Will be provided when operating voltage is equal or more than 230 V

Yes. The danger plates shall also be provided for voltage equal to 230V.

126 3.2.3 The profile of the pantograph shall be in accordance with the drawing no. SKEL-3871 enclosed as Annex-A2. Metalized carbon strip in accordance with RDSO’s specification no. RDSO/2009/EL/SPEC/0097, Rev.1 or latest shall be used on the pantograph

Please clarify, the Drawing proposed is a minimum of the profile of the pantograph?

The bow profile of the pantograph shown in Annexure-A2 is correct.

127 3.4 Two metal oxide gapless lightning arrestors shall be provided on the roof of each Car fitted with a pantograph and/or traction transformer for protection against the line voltage transients caused by lightning and system switching. One lightning arrestor shall be connected to the high voltage circuit between the pantograph & the main circuit breaker and the other shall be connected to the high voltage circuit between the main circuit breaker and the

what is the minimum line discharge Class of the lighting arrestor?

Please refer to Clause 3.4 of ICF Annexure Rev-2

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transformer.

128 3.9.3 Auxiliary converters of adequate capacity identical in all respects and battery-charging units shall be provided in Train. Design and rating of auxiliary converter and load distribution shall be such that in case of failure of auxiliary converter(s) of equivalent to one Basic Unit, the remaining shall take the entire auxiliary load in DC side and 50% RMPU load & the Train remains healthy. The changeover arrangement shall be automatic.

Could you say if the RMPU is the same of HVAC loads?

Yes, RMPU and HVAC mean the same.

129 3.9.4 Rating of the auxiliary converters shall be decided after considering the connected loads, requirement of redundancy and keeping a margin of at least 5kVA per converter for possible increase of load in future.

What is the need for power increase? Other requirements are associated?

The power increase is to take care of any future increase in load which may be required on account of redundancy or any additional requirement from reliability / safety point of view.

130 3.9.5 In addition to above, galvanically isolated 230 V AC, single phase supply of 1 kVA shall also be made available in the Driving Cabs to enable powering any small equipment when the Train is standing in the shed.

Who provided the power supply of this single phase? It will be provided by an exterior source?

No. 230V AC single phase supply of 1 kVA shall also be taken from Auxiliary supply.

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131 3.9.6 In order to reduce energy consumption as well as to increase equipment life, multiple level ventilation control shall be adopted, which shall vary the output of all the blowers according to the cooling needs. Auxiliary converter output and control system shall be designed accordingly. While traversing the neutral section or in the event of momentary non availability of OHE during the service,the lights and emergency ventilation air conditioning system shall work normally.

what is the minimum time of the emergency ventilation air conditioning? Would it be acceptable to use batteries with sufficient capacity to operate its emergency connected systems including emergency lighting for a period of at least 1 hour from a fully charged state and with the battery charger off?

Minimum time of emergency ventilation air conditioning will be about one hour. Yes the batteries of sufficient capacity shall be used to cater the requirement of emergency lights and blowers of HVAC.

132 3.9.8 Motors for auxiliary machines shall generally be interchangeable. Coupling and mounting design requirements shall be kept identical where applicable. The motors shall be rated for 415 V 3-phase AC supply except for the auxiliary compressor motor which is to be rated at 110V DC.

What is it the minimum IP for the auxiliary cabinets?

If the firm is referring Auxiliary cabinet as On board electrical cabinets, then IP54 is the minimum requirement.

133 3.9.12 Battery and Battery Charger

Please clarify, what is it the nominal voltage of the battery,? 96V or 110Vdc

The nominal voltage of the battery is 96V as per the ICF Annexure - rev2.

134 3.11.4 Interlocks and auxiliary contacts of relays of protective, operation, control, auxiliary and safety circuits shall be housed in dustproof enclosures either by providing the complete equipment in dust-proof cabinets and/or pressuring the cabinets or by covering the contacts only by dustproof covers

Please, clarify what is the minimum IP according UNE-EN 20324?

IP codes are as per IEC standard 60529 as per definition of RDSO specification. All onboard electrical enclosures shall be of minimum - IP54.

135 3.12.4 A separate traction and brake control (e.g. providing at least three levels) shall also be provided to allow the Train to be moved in the

Clarify the requirement. Two traction and brake control are required?

Yes, an additional traction and brake controller shall be provided in case of failure of master cum brake controller.

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event of failure of the master cum brake controller.

136 3.12.5 There shall be provision of Vigilance control device (VCD) including acknowledgement.

Clarify the requirement. An additional brake control is required?

Vigilance control device (VCD) is a system to check and ensure the alertness of the crew. In case the crew have not performed any operation for a defined period of time, there will be audio visual indication and even after that if the crew does not acknowledge the VCD in a defined period of time, there will be emergency brake application.

137 3.14.8 A systematic cable transit management & sealing system shall be provided for protection of cables against cutting, damage, fire, vibration, pull tension, temperature variation, dust, water, humidity & rodents as well. Cable management Transit System must be fire resistant, smoke and gas tight, and the pressure/vibration shall not damage it or compromise its seal or security.

Other types of protections and guides for the cables will it be considered according UNE EN 50153?

Clause is clear. Alternatives will be reviewed during detailed design stage.

138 3.15.1 Lights shall be fed by the auxiliary power supply system. The guaranteed life of the LEDs with their control system and optics/luminary shall not be less than 50000 burning hours. The specified illumination level shall be met till at the end of the life of 50,000 hours when the illumination is not less than 70% of their original illumination level. The colour of the LEDs shall be cool day white (temperature 6000K-7000K).

For reasons of visual comfort, the use of color temperatures above 5 000 K is not recommended, Talgo proposse, for The color temperature of lighting sources for general illumination shall be between 3000 - 3300 ° K. According UNE EN 13272


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139 3.15.2 With all lights switched on in a Car (except emergency and seat/berth light), the illumination shall be not less than 200 lux at height of 1.5 m above floor level along the entire length of the Car. With the exception of the illumination level, lighting shall be of similar or equivalent performance to EN 13272 – “Railway Application – Electrical Lighting for Rolling Stock in Public Transport Systems” as applicable to urban rail transport systems. Uniformity level of 1:1.3 as per UIC 555 shall be achieved

Talgo propose to comply with UNE EN 13272, that specify the level of the illumination in the table 1, not less of 75 lx at 0.8 from the floor.


140 3.16.1 Headlights and Auxiliary Headlights (i) The front end of each Driving Car shall be provided with twin beam LED headlights in accordance with Indian Railway practice. Two auxiliary head light cum tail light shall also be provided on each Driving Car. (ii) The headlight units shall be pre-focused, capable of giving minimum 3.2 lux at a distance of 305 meters. The beam spread shall be symmetrical and angle of beam shall not be less than 7 degrees. (iii) The design of the headlights shall provide for easy replacement of luminaire. (iv) Arrangements shall be provided for dimming the headlight

According UNE EN 15153, for glare control, the headlight have give maximum of 0.5 lux at a distance of 100 meters above top surface of rail.

Modified Clause added as part of ICF Annexure Rev-02

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output when required. (v) The headlight shall be provided in suitable waterproof enclosures conforming to IP 65.

141 3.20.2.2 The design of equipment shall incorporate all measures to prevent fires and shall be such that should any fire take place, the effect shall be minimized and no spread of fire shall take place. Materials, which are not fire-retardant, shall not be used. Materials used in the manufacture of Car(s) shall be selected to reduce the heat load, rate of heat release, propensity to ignite, rate of flame spread, smoke emission and toxicity of combustion gases. The Train shall comply with EN 45545 (OC2-N, HZL2).

We propose: The train shall comply with EN 45545 OC2-S HLZ2. Note that OC2-S refers to sleeper trains and OC2-N refers to trains with seats (day trains)

Modified Clause added as part of ICF Annexure Rev-02

142 3.20.3.2 In the event of detection of a fire, the air conditioning system shall be controlled to minimize the spread of fire to promote the escape of passenger. In the event of detection of smoke outside the Train, an alarm shall be provided to the Driver/CCMS. The Driver shall then be able to remotely close the air conditioning system fresh air intake.

We propose: In the event of detection of a fire, the air conditioning system shall be controlled to minimize the spread of fire to promote the escape of passenger. In the event of detection of smoke outside the Train, an alarm shall be provided to the Driver/CCMS. The HVAC ventilation will shut down.


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143 3.21 110 V sinusoidal AC 50Hz 5-pin electrical sockets with international standard safety features for charging batteries of portable electronic devices, mobiles or for powering a laptop computer shall be provided, distributed throughout each of the Cars. Sufficient power shall be available to provide 100VA per socket simultaneously. Number of sockets shall be finalized during design stage.

Please clarify, the voltage of single phase, for the power sockets, it will be 230 Vac 50Hz What type of Sockets shall be supplied?

Voltage will be 110V AC 50Hz as mentioned in clause. Type of sockets will be decided during design stage.

144 3.25.4 The Air-conditioning package unit shall have adequate capacity to air condition the coach under the following conditions: (See Table 11)

We proposed to increase the outside winter temperature See Table 1. from -10ºC to 4ºC. Please, consider the possibility of a over dimensioning occur in some Systems, in case of consider -10ºC as design temperature.Temperature of -10ºC will not be a design temperature for India Climatic conditions. According to ASHRAE outside winter calculation conditions will be 5ºC. Winter Outside conditions shall be 4 ° C which is already restrictive with respect to the 5 ° C considered by ASHRAE.


145 3.25.5 The rating of the RMPU shall be adequate as per the parameters specified above and shall not be less than the existing capacity of RMPU provided on LHB type Coaches of Indian Railways.

What is the cooling capacity of RMPU installed in LHB coaches 7 TR, please confirm? (24kW of cooling capacity)

Minimum cooling capacity of RMPU is envisaged to be 8.0 TR.

146 3.25.7 In the event of failure of one RMPU, the second RMPU shall cater 75% of the total air- conditioning load of the Car.

We propose: "In the event of failure of a RMPU unit, the second RMPU shall carter the 50% of the total air conditioning load of the car. Considering a fresh air rate according to EN."


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147 3.25.8 The single RMPU shall be able to work even with one condenser fan and the cooling capacity so obtained shall not be less than 75% of the rated capacity of the said RMPU.

Comment: In case of failure HVAC works in degrades conditions. The exactly rate of temperatures achieved will depend of the failure, and the exterior temperature.

Clause is defining the requirement of cooling capacity in case of failure of one Condenser fan of HVAC.

148 3.25.12 The minimum fresh air quantities shall not be less than 0.325 m3 / minute / person for all types of Cars. The air flow parameters shall be as per ASHRAE / EN 14750.

Clarify if the minimum Fresh air quantities shall be 0,325 m3 / minute / person, or, It could be according to EN14750. We could choose among both options? We propose: The minimum fresh air quantities shall not be less than 0.325 m3 / minute / person, or according to any other international standard, for all types of Cars. The air flow parameters shall be as per ASHRAE / EN 14750.

The minimum fresh air quantities shall not be less than 0.325 m3 / minute / person for all types of Cars.

149 3.25.20 In the event of the failure of air conditioning unit in a Car, an emergency ventilation shall operate automatically to admit fresh air directly into Car to maintain the required oxygen level in fully loaded Car, in accordance with ASHRAE. The fresh air intake shall not be less than 18 m3 / hour / person with passenger loading as per Clause 1.8.1 of this Specifications and Standards. The emergency ventilation fan shall be fed from 110V DC supply with its dedicated inverter.

We propose: In the event of the failure of air conditioning unit in a Car, an emergency ventilation shall operate automatically to admit fresh air directly into Car, during a time dealed durring proyect develope, to maintain the

required oxygen level in fully loaded Car, in accordance with ASHRAE. The fresh air intake shall not be less than 18 m3 / hour / person, or fresh air according to European Standard, with passenger loading as per Clause 1.8.1 of this Specifications and Standards. The emergency ventilation fan shall be fed from 110V DC supply with its dedicated inverter.

No change envisaged

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150 3.35.2 The general layout of the equipment in the Train shall ensure equitable weight distribution. The tolerance in working order shall be limited to ± 2 % for axle load and ± 1 % for total Train weight. Difference in weights on different wheels of the same bogie shall not exceed 4% of the axle load.

In relation to the tolerance for the axle load, we understand that by working order you mean the weight of the car body in working order plus the payload, increased by 20%, according to UIC 566 Chapter 1.3. Therefore, the axle load for every single axle, calculated as stated before, shall be within 18 tonnes ± 2 %. Is that correct? Relative to the tolerance limit of ± 1 % for the train weight, could you please clarify the objective train weight, and the related load conditions? In relation to the proposed wheel load difference, is it correct if we consider the ratio of wheel load difference per axle as stated in the schedule 4.2.3.2.2 of the European TSI technical specification for interoperability relating to the ‘rolling stock — locomotives and passenger rolling stock’(2014)? It states that the ratio of wheel load difference per axle Dqj = (Ql – Qr)/(Ql + Qr), shall be evaluated considering the load condition ‘design mass in working order’. Therefore, wheel load difference higher than 4 % of the axle load for that wheelset shall not be allowed.

The maximum axle load is 18 tonnes. The tolerance is ± 2 %.

151 3.35.3 The mechanical design of the Train shall be suitable for axle load of not more than 18 tonnes.

Under which load condition should be calculated the required performance parameter of 18 Tn Axle load? Shall be achieved when the Train is loaded as per UIC 566 Chapter 1.3 for the whole service range of wheel diameter? If that is the case, shall we increase the weight of the coach body (in running order) and payload by 20%, following the chapter 1.3 definition?

The maximum axle load is 18 tonnes.

152 3.48.1.5 Aluminium alloy extrusion of grade 6106 or equivalent shall be used for the roof extrusions.

We propose to use Aluminium alloy 6005A also for the roof extrusions.

Equivalent grades can be used.

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153 3.50.7 Underframes, side walls, end walls and roofs shall be built on jigs. All weld and bolt patterns shall be identical on all Cars. All equipment hangers shall be interchangeable on all Cars without the use of shims or elongated holes.

In certain mechanical mountings, it is necessary to install supplements in order to assure narrow dimensional measurings. The use of elongated holes is a permitted practice as a way to absorb local deviations in dimensions. So, we propose the following: "Underframes, side walls, end walls and roofs shall be built on jigs. All weld and bolt patterns shall be identical on all Cars. All equipment hangers shall be interchangeable on all Cars without the use of shims or elongated holes."

Modified Clause added as part of ICF Annexure-rev2

154 3.52.3 The exterior appearance of the Car body shall be smooth metal without the use of filler or other similar material, such that the maximum variation from the required Car profile, over any one meter length, shall not exceed 1.0 mm. Any fluting, if offered, shall be shown to have advantages for design review. The roof, excluding the cantrail, may be either corrugated or smooth.

Talgo propose the following change "The exterior appearance of the Car body shall be smooth metal without the use of filler or other similar material, such that the maximum variation from the required Car profile, over any one meter length, shall not exceed 1.0 mm. Any fluting, if offered, shall be shown to have advantages for design review. The roof, excluding the cantrail, may be either corrugated or smooth".

Modified Clause added as part of ICF Annexure-rev2. Filler is permitted for use of localized repair of exterior surface.

155 3.55.3 All passengers transported in a Train consists of sleeper & Chair Cars, shall be able to move in the complete passenger Train without any fixed obstacle made up by Car components or seats in their way.

Does this requirement apply to PWD? We understand that PWD will not move from cabin cars.

Yes. Understanding is correct.

156 3.56.1 Flooring shall remain non-slip and not present a hazard to passengers when wet.

What material is required? Proven flooring material on Rolling stock to be provided. To be decided in in design approval stage.

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157 3.65.2 A curtain track shall be provided at the top of the window area and aisle side along the length of the sleeper type Cars for curtain installation. The curtains shall be free hanging at the bottom, but secured in the open position with a tie-back of the same fabric that is permanently attached to the curtain and secured with heavy duty Velcro-style hook and loop fastener.

In all classes (first, second and third) curtains shall be used in aisle zone of the compartments?

Curtains shall be used in all coaches

158 3.67.2.7 All windows shall be highly resistant to damage arising from the impact of ballast. All windows shall be able to withstand impact from ballast up to 75 mm in size at speeds of up to the maximum service speed of 160 Km/h. Cracks are allowed, but ballast shall not enter inside train.

Please provide more information for the criterion to validate this requirement

It is the basic safety requirement for the safety of passengers . Validation can be done through simulation.

159 3.67.3.4 Double leaf vestibule doors should have smooth running without jerks.

Double or single leaf vestibule doors should have smooth running without jerks.

Modified Clause added as part of ICF Annexure Rev-02.

160 3.67.3.5 Door leaf of Endwall door has Sandwich construction with an Aluminium/stainless steel frame. External and internal surfaces have sandwich construction with a Fire barrier.

To trains of OCS1 or OCS2 fire classification, a fire barrier in End wall is not required, according to EN45545-3 (See point 5.5.1 Table 1).

This door is to lock the coach to restrict the movement or when the coach is lying isolated.

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161 3.68.8.1 The following maximum brake operating timing shall be achieved on all Cars of a Train. The maximum time for a brake application from full application to 90% of full Brake Cylinder Pressure (BCP) and for brake release from full Brake Cylinder pressure to 10% shall not exceed the following: (i) Service Brake Application : 2.0s (ii) Emergency Brake Application : 1.5s (max.) (iii) Service and Emergency Brake Release : 2.5 s.

The following maximum brake operating timing (not considering reaction time of driver) shall be achieved on all Cars of a

Train. The maximum time for a brake application from full application to 90% of full Brake Cylinder Pressure (BCP) and for brake release from full Brake Cylinder pressure to 10% shall not exceed the following: (i) Service Brake Application : 2.0s 3s

(ii) Emergency Brake Application : 1.5s 3s (max.) (iii) Service and Emergency Brake Release : 2.5 s.


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Additional Queries Submitted by M/s Talgo on 14th November'2017

Requirem

ent Id. Requirement Doubt/Question or Proposed Change ICF Remarks

1. 2.15 One complete Prototype train set comprising of 20 coaches shall be built at the facility of the successful bidder and shipped to ICF

Could be the final commissioning of the 1st train done at ICF?

Final Commissioning of First Train Can be done at ICF , but all required type tests are to be completed at Firm's premises.

2. 10.5.2 Rating and performance trials (i) Performance requirement tests as mentioned in the Specification and . Standards shall be carried out on combined test bed in all out mode and al soon the loaded Prototype train. For the purpose of final acceptance Test for temperature rise, journey time, energy consumption, regeneration etc. NDLS-HWH-NDLS section may be considered or section decided during design discussion. These Tests shall also be done in one Basic Unit in isolated condition”

We don’t understand what performance tests shall be done in an isolated basic unit. Could you clarify it? We also would to ask what do you exactly refer to with “performance trials”, could you clarify it?

Performance trial imply tests such as- temperature rise test, time to achieve maximum speed, emergency braking distance, parking brakes performance, etc. In case of isolated basic unit, performance tests such as braking distance, temperature rise test of TMs etc will be done. The context of the clause is that one basic unit of Train of 20 will be isolated.

3. 10.6.1 The individual sub-systems of the Prototype shall be tested in accordance with Good Industry Practice to determine their compliance with Specifications and Standards. Such Tests may include laboratory and field tests for validating the design of traction transformer, power converter, traction motor, TCMS, HVAC, main/auxiliary compressor, auxiliary machines; mechanical components like under-frame, bogie, suspension

Could you specify what relevant standard specifications are?

Please refer technical specification Clause 1.2.2 and chapter 10 of Bid Document.

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systems, doors etc.;and optional tests in accordance with relevant standard specifications/IECs for various sub-systems.”

4. 10.6.2 ICF may, in its discretion, waive some of the tests for sub-system, where the Company can establish to the satisfaction of ICF that such tests have already been carried out and where the sub-system has been proven in prolonged service

Can you explain further in detail how can prolonged proven experience can be demonstrated to avoid testing of the subsystem?

Prolonged proven performance can be proven by proper evidence of the same subsystem working for sufficiently long time in similar trainset environment.

5. 10.6.3 Type tests on electronic equipment and control electronics" The electronic equipment and Control Electronics shall be tested as per IEC 60571/EN50155, IEC60068, EN50121, IEC60721-2-5 and IEC 61373 including both compulsory and optional tests. Dry heat test, as specified in IEC 60571, shall be conducted for testing power and control electronic equipment at 80 degree celsius.

Where is the temperature of 80 degrees Celsius exactly measured?What are the exact conditions for these measurement? Does this condition shall be meet for storage purposes or during normal functioning?

Along with the dry heat test for satisfactory performance, temperature stickers shall be provided on the critical ICs, controllers, capacitors etc. The 80 degree Celsius temperature is the temperature of the enclosure.

6. 10.16 tests bogie prototype for both trailer and motor

This clause refer to tests bogie prototype for both trailer and motor. Where does these tests shall be conducted? At contractors facilities or ICF?

Prototype Bogie testing shall be conducted at the Contractor facilities or at a lab having such facility. It has to be noted that cost of all such tests should be borne by the contractor.

7. 10.17 Service trials This clause refer to service trials. Does this clauses refer to a commercial operation of the trainset by IR? What is the exact responsibility of the contractor during these trials; only to rectify the issues notified by ICF?

Yes , understanding is correct. Service trials means commercial operation of trainset after successful completion of oscillation trials. The contractor has to rectify the defects and provide the spares required.

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8. 3.68.7.1 of Tech spec

A high integrity fast response closed loop digital brake control system shall be provided, with the brake regulation rate at +2% of the deceleration demanded. The Company shall ensure that the brake system is so designed that failure of any single control component shall not result in loss of net braking effort of the Train. All circuits and controls essential for braking equipment shall be a fail-safe, redundant, and shall have high integrity ‘hard wire’ feeds and inputs. The power supply should be duplicated. A microprocessor based brake control system shall be offered”.

We consider “A high integrity fast response closed loop digital brake control system” is not necessary in a regional train. (1500km, low number of stops). We can comply with decelerations, stop distance, and timing in the operating conditions of the train without this system. This system could increase the cost of the braking system unnecessarily. In Europe only commuter trains, with stops every 5-10 min, or even less, use this system.


9. 3.26, 3.27, 3.28, 3.29 and 3.30 of Tech

spec

Is there any standard applicable to the systems indicated in these clauses? We do not find any

Proven system on Passenger rolling stock shall be provided. However same will be decided during detailed design stage.

10. 3.31.5 of Tech Spec

“The visual images from each camera shall be recorded in non-volatile memory. The on-board system should have capacity of recording such that it can be downloaded in the maintenance depot during the scheduled maintenance overhauling. The memory shall be expandable. The Company shall provide equipment and means for the downloading of the records

The reference for scheduled maintenance overhauling is not clear for us; so, please, could you specify more exactly what shall be the storage capacity of the video recorder?

The storage capacity of the video recorder can be 45 days.

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M/s Bombardier

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TENDER CLARIFICATION QUESTIONNAIRE (Bombardier Transportation)

S.No Clause ref. Existing Clause

Description

Comments/Question ICF Remarks

1. Cl. 2.10.0

Pg. 1 of 15

Date and Time of Opening:

29.11.2017; (15:30 Hrs)

We request to modify the tender opening date as 60

days

from the date of issues of tender 2nd prebid clarification.

Modified Clause added as part of Corrigendum-04

2. Cl. 5.1.33

Pg. 14 of 15

"Change in Ownership"

means a transfer of the

direct

and/or indirect legal or

beficial ownership of any

shares, or securitites

convertible into shares or

……………………………

………till the expiry of the

Supply Period, shall

constitute a Change in

Ownership.

We understand that this should be applicable for SPV

formed

for execution of contract and not for any consortium formed

. Please amend.


3. Cl. 4.1.19

Pg. 15

of 132 Cl. 5.20.0

Pg. 36 of 132 Cl. 5.26.0

Pg. 39 of 132 Cl. 5.28.0

Pg. 40 of 132 Sr. no. 3

Pg. 119 of 132

The Bidder shall

quote…………………..reck

oned.

Contract Price

Mobilization Advance

Payment Schedule

Payment mechanism

We request you to accept separate invoices from

each

consortium members for their respective scopes

under the contract (which would be to supply

components of the trainsets) and then ICF to make

direct payment to the respective consortium

members against the invoices and payment claims

submitted, as per payment schedule defined under

5.26 and 5.28 .

This is required for proper payment accounting / tax

reimbursement etc . We shall at the time of bid

submission , submit the breakup of absolute share

for each consortium member for each schedule of

payment unfer 5.26 and 5.28

Modified Clause added as part of Corrigendum-04

Page 102 of 120


Description


4. Sl. No. 4,

Cl.

4.4.1

Pg. 1 of 15

Technical Qualifying

Criteria

We request ICF to consider the credentials/

experience of

Foreign Associate company of the local company

which can be the part of the consortium.

We request this to be considered for evaluation of

technical and financial criteria irrespective of any

limitation of mandatory participation of foreign

Associate company in the consortium. If require, we

can produce the undertaking from the foreign

Associate co. for providing technical & financial

support as may be required for successful execution

of obligations under the contract, if this tender is

awarded .

We understand that a consortium can include an

experienced member based on whose credentials,

bidder can comply the Technical Qualifying Criteria.

Further to this, we understand that the bidder is free

to decide the scope responsibility split internally

Credentials of Foreign

Associates will be considered

for Technical Qualifying Criteria

and Financial Capacity (for

serial no.4.4.2 (ii) ).

The Scope of responsibility can

be split internally by the

consortium members provided

all the consortium members are

jointly liable and binding to

contract agreement.

Page 103 of 120


Description


5. Sl. No. 4,

Cl.

4.4.2 (ii)

Pg. 17 of

132

Financial Capacity irrespective of, which consortium member provides

the required credentials.

Please confirm.

Add: Indian firm which is an Associate of Foreign

established manufacturer of trainset shall be eligible

for satisfying the above Technical Criteria. The

credentials of Foreign Associate shall be considered

to meet the Technical Criteria.

Financial criteria -

Add: The credentials of Associate shall be

considered to meet the Financial Capacity under

above sr. no. (ii).

Modified clause added as part

of Corrigendum-04 (4.4.2.1)

6. Cl. 4.5.6

Pg. 18 of 132

A copy of the

agreement…………………

………………valid and

binding on all partners.

While maintaining and ensuring the requirement of

joint and several liabilities amongst the parties, we

understand that the consortium members are free to

nominate the lead member irrespective of any

limitations pertaining to qualifying criteria or

percentage scope. Please confirm.

Yes. Consortium members are

free to nominate the lead

member duly ensuring the

requirement of joint and several

liabilities of all the parties to

ICF.

Page 104 of 120


Description


7. Chapter -

I:

Checklist

point no.

7

Compliance of General

conditions, Special

conditions of

contract and

Technical

specification with all

supporting documents

etc.

For Technical specification: We understand that

bidder has to submit clause by clause against

RDSO/PE/SPEC/EMU/0167 (Rev. 4)-Sep 2015

alongwith ICF ANNEXURE- ICF/EMU/0167-

01(Rev.1) only. Please confirm.

Clause by Clause comments not required. Only deviation statement to be submitted.

8. 5.2.1.2

Pg. 28 of 132

Detailed scope of

Contractor - 11 Spare

Coaches

Regarding the scope requirement of 11 cars as an

option,

could you please clarify how many cars would be Motorised

Cars?

Five out of 11 cars will be motorized. Same clarified in the revised Financial Bid.

9. 5.2.1.6 &

5.2.1.18

5.2.1.6: It is envisaged that

(save for the options given

at

5.2.1.17), from 2nd

trainset onwards the

successful bidder shall

supply the components,

sub-assemblies,

electrics, furnishing

material etc. sourced

from themselves or their

vendors to ICF and carry

out the minimum

activities listed in 5.2.1.7

at ICF.

And

5.2.1.18: With respect to

manufacturing activity at

ICF, the contractor has

the following options-

(i): The contractor can

supply complete body

shell upto 10 trainsets.

For more clarity - the

bidder can start minimum

activities of 5.2.1.7 above

ICF is requested to clarify the discrepancy between

the

requirements as stated under clause 5.2.1.6 and

5.2.1.18 regarding minimum activities to be carried

out at ICF as per clause 5.2.1.7 from 2nd trainset or

from any trainset (2nd trainset to 10th trainset)?


Page 105 of 120


Description


10. Cl. 5.20.0

Pg. 36 of 132

Contract Price Please confirm, whether or not the materials/supplies

under this Contract could be imported to India in

name of ICF as consignee.

Consignee shall be the Successful bidder. However items can be directly imported to ICF.

11. Cl 5.22.0

b) - Time

schedule

page 38 of 132

Time schedule

Supply and commissioning of First Prototype Trainset - D+24 months

While maintaining the overall time schedule for the

project as 48 months, we request ICF for

acceptance of supply and commissioning of first

prototype trainset by D+30 months.

Time schedule

Supply and commissioning of First Prototype

Trainset - D + 30 months

Bidders have the option of submitting time schedule vide 5.62.0 which shall be discussed in technical bid evaluation stage and will be part of formal agreement between ICF and the successful bidder.

12. Cl. 5.30.0 Procedure for release of

payments to Contractor (i) Format of bill will be supplied to the successful bidder

The contractor shall submit his bills in this format.

We request you to share the format of bills. This is

required to assess and implement proper tax cost in

the financial bid.

Format of Bill shall depend on the bid evaluation and consequent Agreement thereupon.

13. Cl. 5.62.0

Pg. 51 of 132

Delivery Schedule Could you please suggest the indicative date of issue

of LoA.

This would help to generate the realistic project

schedule and would provide the same assumption

about NTP (Notice to Proceed) for all the bidders.

The Tender Opening date is on 10th January, 2018 and ICF's efforts will be to finalize the tender within one month.

Page 106 of 120


Description


14. 14.14.3 In case of unscheduled

maintenance arising out of

the reasons attributed to

the company the period

between the time of

occurrence of an event

that renders the train

unfit or unavailable for

service and the time when

it is declared by the

company as available for

operation, provided that

the maximum time of the

transportation of the train

set from its location to the

maintenance depot shall

be deemed to be 24 hours

and shall form part of

Non-available hours

herein;

Could you please clarify if maximum time of

transportation will be more than 24 hours and

caused due to negligence of Customer or conditions

as stated in clause clause 14.9, will it be also

considered as non-availability of train in availability

calculations. For the avoidance of doubt and by way of

illustration, if transportation time is 30 hours and

rake made available to customer after total of 20

hours when it enters depot and corrective actions

taken then will the rake be considered unavailable

for 20 hours or unavailable for 50 hours. Please

clarify

It is 50 hours that will be considered.

15. 14.14.3 In case of unscheduled

maintenance arising out

of the reasons attributed

to the company the

period between the time

of occurrence of an event

that renders the train unfit

or unavailable for service

and the time when it is

declared by the company

as available for operation,

provided that the

maximum time of the

transportation of the train

set from its location to the

maintenance depot shall

be deemed to be 24

hours and shall form part

of Non- available hours

herein;

Could you please clarify the scenarios or

occurrence of events when train will be considered

"unfit" or "unavailable" for service by customer. For the avoidance of doubt and by way of

illustration, one example scenario can be delay of

greater than 15 minutes, caused on account of

failure allocated to Supplier.

Unfit or Unavailable to service shall mean a situation where train cannot be continued in commercial service.

16. 14.16 The available hours for

the train set (availability)

shall be computed on the

yearly basis as a

percentage of total hours

for the year. The

company shall guarantee

the availability of each

train set in every year

shall be not less than

95%(Guaranteed hours)

We understand that the daily availability will be

monitored for trainsets and if not meeting the

requirement of availability for each trainset >95 %

at end of that year then only penalty as per clause

14.17 ,will be considered . Please clarify

Yes.Availability for year should be 95% minimum.

Page 107 of 120


Description


17. 14.17 For every 1% reduction in

the availability hours as

compared to the

guaranteed hours of a

train set, a penalty of 4%

on yearly maintenance

fee shall be recovered as

damages.

Could you please confirm that if 4 % penalty on

yearly maintenance fee for every 1 % reduction

shall be multiplied with number of train sets not

achieving 95 % target. What will be the maximum penalty limits for not

fulfilling requirement as stated in clause 14.7. Please

suggest For the avoidance of doubt and by way of

illustration, if the total 3 number of trainsets have

Availability(for one year) = 94 %, so Penalty will be

calculated as multiplication of 4 % of yearly

maintenance cost three times.

Yes. If the total 3 number of trainsets have Availability(for one year) = 94 %, so Penalty will be calculated as 4 % of yearly maintenance cost of each train.

18. Schedule 1

Pg. 106 of 132

Schedule-1 of Financial

Bid

We request ICF to do the evaluation of the bid without

taxes

and duties ( i.e. GST element ) This is important since

GST rates have not stabilized yet with various

ambiguities seen on rate structures .

Base price should be inclusive of Custom duties

whereas GST should be reimbursed on actual basis

based on documentary evidence .

Modified Financial Bid Schedule issued as part of Corrigendum-04

19. RDSO Spec 1.3.2

The Company shall

develop RAMS targets

both for the complete

system and for the

major

Sub-systems such as

transformer, traction

converter, auxiliary

converter, electronics,

traction motor,

Transmission and

Suspension System, high

voltage equipment,

blowers and other

auxiliary machines, such

that it will provide a high

level of dependability.

Please clarify the annual Mileage and operating

time to be used for developing RAM Targets &

calculations.

Annual mileage of 320,000 kms can be considered.

Page 108 of 120


Description


20. RDSO Spec 1.3.1

The Company shall design the Train to ensure Guaranteed

Reliability, Guaranteed Availability

and high degree of safety

in order to provide a

dependable service. The

optimization of the

system with respect to

Reliability, Availability,

maintainability and

safety shall form an

integral

element of these Specification and Standards.

The plan for Reliability, Availability, maintainability and safety shall conform to EN 50126/ IEC

61709/ IEC 62278. Reliability of electronic components shall conform to IEC 61709.

Could you please clarify when reliability and

availability demonstration period starts and

ends. Could you also clarify how will reliability and

availability be demonstrated for spare

coaches.

The Reliability and Availability Period starts from the date Trainset enters into commercial service.

21. 2.2.3 Train should have good

curving negotiability at

relatively

high speed and good

starting and running

acceleration. There

should be time saving in

the range of 20%±10%

in journey time

corresponding to

maximum service speed

of

130kmph, when running in

all out mode on existing

section of HWH-NDLS &

NDLS-HWH to be

established through

simulation. Speed

Restrictions, Curve and

Gradient details of HWH-

NDLS section is enclosed

as Annexure-A4, A5 & A6

respectively. For

comparison, time table of

existing Rajdhani Train is

enclosed as Annexure –

This requirement has been deleted in ICF

ANNEXURE-

ICF/EMU/0167-01(Rev.1), which included details of

track data. ICF is requested to clarify which track

data details are to be used for performance

simulation.

Please refer modified clause 2.22 of ICF Annexure Rev-02 .

Page 109 of 120


Description


22. RDSO Spec 3.7.8

No single-point of failure

shall cause complete

failure of the traction

system, auxiliary supply

system or inability to

control the brakes on

Train.

Please confirm that the term "Traction system" is

defined for complete Train, and failure of basic unit

traction converters will not be considered as failure

of Traction System if out of provided redundancies

train can continue service with required

performance.

Please refer modified clause 3.7.8 and 3.9.13 of ICF Annexure Rev-02 .

Page 110 of 120

M/s SIEMENS

Page 111 of 120

Queries of SIEMENS

Sr. Clause Description Comments ICF Remarks

1. SCC clause 5.24.0

ICF may in its discretion and from time to time, extend the Supply programme by up to 1 (one) year and by mutual consent for a further period of 1 (one) year, and upon such extension, the Supply period and the Agreement Period shall be deemed to be extended by a corresponding period on the terms and conditions specified in this document.

However LD as applicable shall be levied if extension is necessitated because of delay in supply and commissioning by the contractor

Please include cost compensation to Contractor in cases provided in the clause, where the delay is not on account of the contractor.

As PVC is applicable, any time delay (where contractor is not responsible) is likely to be compensated.



The contractor shall reimburse to ICF all costs, charges, damages or expenses which ICF may have paid or incurred and to the extent to which the Contractor is liable under this contract to pay within 30 days up on written request from the Railways, failing which such costs, charges, damages or expenses shall be deducted by ICF from any money due or becoming due by him to the Contractor under this contract or any other contract failing which such amounts shall be considered as debt due from the contractor to ICF and shall be recovered accordingly.

This clause be kindly modified as below:

The contractor shall reimburse to ICF all costs, charges, damages or expenses which ICF may have paid or incurred and to the extent to which the Contractor is liable under this contract to pay within 30 days up on written request from the Railways, failing which such costs, charges, damages or expenses shall be deducted by ICF from any money due or becoming due by him to the Contractor under this contract or any other contract failing which such amounts shall be considered as debt due from the contractor to ICF and shall be recovered accordingly.


Page 112 of 120


The design, engineering, manufacture, assembly inspection, testing and erection as well as performance of the equipment shall be in accordance with latest appropriate Indian Standards, Codes, IEC standards, Indian Electricity Rules, regulation of relevant State Electricity Boards and Chief Electrical Inspectorate. Where appropriate Indian Standards and Codes are not available, other suitable standards and codes as approved by the Railway shall be used.

We request you to kindly confirm as to what remedy the bidder has, in case of delay due to change in standard & codes. We request inclusion of relevant extension of time & cost compensation provision.

Please refer clause 5.34 Change of Scope added as part of Corrignedum-04

4. SCC Clause 5.44.v

Assign the contract or any part thereof otherwise than as provided in GCC-2014

We request deletion of this point. No Change is envisaged.

5. Force majeure Clause 5.16

We request you to kindly clarify as to what is meant by depot completion schedule


6. GCC Clause 19(4)

Setting out of Works Please inform as to the extension of time and compensation/payments that the Contractor would be entitled to in case of error in drawings provided by Railways/Engineer.

As PVC is applicable, any time delay (where contractor is not responsible) is likely to be compensated.


7. GCC clause 61

Determination of Contract Request to include a sub-clause on termination & suspension rights to Contractor in case of default by Railways including delay in payments.

Delay in payments clause added.


8. GCC clause 63

Matters to be finally determined by Railways

Request deletion of clause 61 & 62 from the list of excepted matters.

No Change is envisaged. However Dispute Resolution vide Chapter – XII is applicable in case of any disputes

9. Additional clause

Limitation of Liability The aggregate liability of the Contractor for any or all claims shall not exceed 100% of the total contract value

Please refer modified clause 5.23.2

Page 113 of 120

10. Additional clause

Changes in law and standards/codes Please include: “In case there are any changes in law or codes and technical standards which affects/delays the execution of works by the Contractor, then Contractor would be entitled to extension of time and cost compensation for such delay.”

Change in Scope and Change in Law clauses added as part of Corrigendum-04.

11. Tech spec. clause 1.4

Stagger of the contact wire Kindly clarify stagger of contact wire under high wind conditions

Stagger will not change.


Maximum temperature: 50 degree Celsius

Maximum touch temperature of metallic surface under the Sun: 75 degree Celsius and in shade: 55 degree Celsius

Minimum temperature: - 10 degree Celsius (Also snowfall in certain areas during winter season)

Since the trains are to operate upto an altitude of 1000m above sea level, it is requested that the minimum temperature be modified as -5 degree C.

Please refer ICF Annexure Rev-2


High wind speed in certain areas, with wind pressure reaching 150 kg/m2

Kindly specify operational train speed under heavy cross wind pressure, i.e. wind pressure perpendicular to direction of travel.

In Indian Railways , maximum operational speed in sections is issued in form of caution orders as and when required.

14. Tech spec. clause 2.1.4

The minimum height of the floor of the Cars loaded as specified in Clause1.8 of these Specification and Standards shall be 1200 mm above Rail Level.

Kindly inform whether 1200mm floor height with passenger loading as per clause 1.8 has to be met with fully worn wheels and deflated air spring condition.

No - it is in normal condition.

Page 114 of 120


Ride index shall not be greater than 3.5. Remarks:

They shall be for inflated air-spring conditions.

Clause should be revised as:

Ride index with inflated air-springs shall not be greater than 3.5; a value of 3.25 is preferred as given in 3rd Report of Standing Criteria Committee for acceptance of vehicle. The evaluations shall exclude the track sections with periodic track inputs.

Yes, with inflated Air spring.



The values of acceleration recorded as near as possible to the bogie pivot shall be limited to

0.3g both in vertical and lateral directions. A peak value up to 0.35g may be permitted, if the

records do not indicate a resonant tendency in the region of the peak value.

Since These limits are same as EN14363, we suggest that same filter as EN 14363 be applied.

Clause should be revised as:

The acceleration of the Railcar body filtered according to EN14363, recorded as near

as possible to the bogie pivot, shall be limited to 0.3g (g is gravitational force) both in vertical and lateral mode. However, a peak value of up to 0.35 g shall be permitted, if testing does not indicate a resonant tendency in the region of the peak value.

No Change Envisaged

17. Tech spec.

clause 3.1.14

Ingress Protection

All equipment shall be suitably protected from dust and water. As a minimum, equipment shall be sealed to the standards stated below.

• Under frame mounted equipment: IP65

• Equipment mounted inside the Car body: IP54

Since magnetic components are also a part of the underslung equipment, we request that such magnetic components be housed in units with IP20 protection alongwith other underslung equipment.

IP 54 is not applicable for

magnetic components. IP level shall be decided during detailed design approval stage for magnetic components.

Page 115 of 120

18. Tech spec. clause 4.11.1 & 4.23

all out mode (without coasting) is not the normal service operation and this would call for overdesigning of system, as 30second dwell time at stations provides critical time for cooling of equipment.

The clause be suitably modified to include 30 seconds dwell time


Page 116 of 120

M/s.TITAGARH

Page 117 of 120

TITAGARH WAGONS LIMITED

Sl. No. Existing Clause Proposed Clause ICF's remarks

4.4.1 Technical Qualifying Criteria: The Bidder/JV/Consortium should be an Established Trainset manufacturer and have designed , manufactured and supplied at least. Two Trainsets of Aluminium CArbody Coaches with Three Phase Electric Propulsion System with operating speeds of 160kmph or more to G8 Countries in the last 5 years (From 1st April, 2012 to Date of Tender Opening) and they should be in successful operation for at least one year. AND Must have facilities to manufacture three phase propulsion system for rolling stock including IGBT based traction converters and traction motors and must have supplied and commissioned three phase propulsion system on rolling stock (EMUs/Metros/Trainsets) operating in India.

The Bidder (Single/JV/Consortium) must be an established Trainset manufacturer and should have designed, manufactured and supplied at least Two Trainsets of Aluminium Carbody Coaches with IGBT based Electric Propulsion System with operating speeds of 160 kmph or more to G8 Countries in the last five years (From 1st April 2012 to Date of Tender Opening) and these trainsets should be in successful operation in a G8 country. AND Must have facilities in India to manufacture three phase propulsion system for Rolling Stock including IGBT based Traction converters and traction motors and must have supplied and commissioned three phase propulsion system on Rolling Stock (EMUs/ Metros / Trainsets) operating in a G8 country or in India. OR Must have facilities in India to manufacture three phase propulsion system for Rolling Stock including IGBT based Traction converters and Traction motors and must have supplied and commissioned three phase propulsion system on Rolling Stock (Locos/ EMUs / Metros/ Trainsets) operating in India.

Please refer Technical Qualifying Criteria of Corrigendum-04

4.4.2 i Bidder's annual turnover of all members of JV / Consortium shall not be less than INR 1000 crores in each of the last 3 years excl. year of bid opening

The bidder's average annual turnover or sum total of average annual turnover of all members of JV/Consortium shall not be less than INR 1000 crores during last 3 years,

No Change is envisaged - but Parent company can quote on the basis of credentials of their 100% owned subsidiaries

Page 118 of 120

excluding the year of bid opening. Audited turnover statement should be submitted as proof. Indian Parent company shall be eligible to bid on the basis of credentials of their 100% owned subsidiaries and in such case the consolidated company will only be considered.

4.4.2 ii The Bidder (Single/JV/Consortium) should have a completed a single work / order worth at least INR 380 Crore in last 5 years

The bidder (Single/JV/Consortium) should have completed a single work / order worth at least Rs.380 crore in the last 5 years or two work/order worth at least Rs.200 crores each in the last 5 years.


5.2.1.20 The Contractor has to submit design of Maintenance Shed incl. list of machinery, tools and plants, etc., with sources for the same for optimized maintenance of the trainsets.

The Contractor has to submit concept details of Maintenance Shed incl. list of machinery, tools and plants, etc., with sources for the same for optimized maintenance of the trainsets. The Maintenance Depot shall be designed, so as to facilitate proper maintenance of trainsets.


Annexure X

All guarantees shall be made only in the name of JV firm and no splitting of guarantee among the JV members shall be made.

All guarantees shall be made only in the name of JV firm and no splitting of guarantee among the JV members shall be made. In case of consortium guarantees shall be made only in name of the Lead member. Format of the Consortium Agreement is attached as Annexure.......

Please refer Draft MOU of Consortium added as part of Corrigendum-04

5.2.4 Bidder should submit the price list for all the identified spares, as part of the offer Schedule-II Chapter-XVI (Financial Bid)

Bidder should submit the price list for all the identified spares, as part of the offer Schedule-II Chapter-XVI(Financial Bid). Format for submitting the price list is attached as Annexure....

Please refer modified clause 5.2.4 of Corrignedum-1

Page 119 of 120

M/s ABB

Page 120 of 120

Tender No. ICF/Train-20/T-1

Queries/ Requests from M/sABB

NO Clause / Page

# Clause contents Queries/Requests ICF REMARKS

1.

4.4.1 Page # 17 And Corrigendum 01 dated 17.10.17

The bidder (Single/JV/Consortium) must be an established train set manufacturer and should have designed, manufactured and supplied at least Two train sets of Aluminium Car Body Coaches with Three Phase Electric Propulsion System with operating speeds of 160 kmph or more to G8 countries in the last five years(from 1st April 2012 to the Date of Tender Opening) and these train sets should be in successful operation in G8 Countries for at least one year. And Must have facilities in India to manufacture three phase propulsion system for rolling stock including IGBT based Traction converters and traction motors and must have supplied and commissioned three phase propulsion system on rolling stock (EMUs/ Metros/ Train sets) operating in India.

We have suggested the modification of the referred criteria as it limits the competition/ participation of propulsion supplier towards eligibility criteria- Must have facilities in India to manufacture three phase propulsion system for rolling stock including IGBT based Traction converters and traction motors and must have supplied and commissioned three phase propulsion system on rolling stock (EMUs/ Metros/ Train sets/ Lomotives) operating in India.

Please refer to Eligibility criteria as per Corrigendum-4.