1. corrigendum-4 are appended below. 7.1. no further...

of 30

Dated 20th

February, 2015

1. The Employers Response to the following set of Queries alongwith the Addendum/

Corrigendum-4 are appended below.

The last date of Receipt of further queries if any is February 27, 2015 in terms of ITB

7.1. No further queries would be entertained thereafter.

2. Employers Response to Queries:

No. Vol. Sec. Page Clause Applicant's Question/

Clarification Request

Employer’s

Response

1 I 5 Particular

Conditions

8.7 Maximum

amount of

delay

damages

There is no maximum

amount of penalty for

Group C, which is not

acceptable.

In the clause 21.2 of

Breach of Maintenance

Obligations, the

calculations method of

“Loss or Damages” for

Reliability and Availability

is provided, however, other

than “Breach of

Maintenance Obligations

(Reliability and

Availability)”, there are

many obligations with

penalty condition under

PS-2 (eg. the word

“penalty(ies)” is used in the

clause 13.6 as well as the

word “damage(s)” in

many clauses of PS-2

Particular Specification

for Maintenance of Electric

Locomotive). Such words

are used as a general noun

and not capitalized

(defined).

Bidder would like

Employer to change

those non-capitalized

words as “Delay

Damages” and set the

maximum amount of Delay

Damages for Group C. (For your reference, it is

defined as “the word

‘Delay Damages’ is

synchronous with

‘Liquidated Damages’” in

[1.2 Interpretation] in

Particular Conditions.)

Since Availability

and Reliability are

to be calculated on

Fleet Average

Basis, no limit of

maximum amount

on Damages has

been considered

and therefore, no

change is

contemplated for

Group C items.

Clause 13.6 of PS-

2 is amended as:

“In case, a

locomotive is

delayed in

maintenance,

owing to non-

availability of

material, Damages

penalties would be

payable equal to

5% (five percent)

of the price of the

Spare for each day

of delay, or part

thereof, until that

Spare is supplied.

In the event that

any delay

hereunder shall

cause delay in

making available a

Locomotive, the

delay in supply

hereunder shall be

deemed as Non-

Available Hours.”

2 I 3 93 Form of

Bid

Security

“the Employer”

Definition of this term is

not stipulated within the

The form of Bid

Security has been

amended with

addition of words

of 30



Employer’s

Response

form.

Please replace “the

Employer” to “Ministry of

Railways, Government of

India” accordingly.

i.e. “whom the

Contract defines as

the Employer”

under the

identification of

Beneficiary.

3 1

(1/2)

3 105 Form I-B-3

(h), note 4

Clause 22.1.2, PS-3 Part C1

of Volume III states that

“Employer shall deploy all

personnel necessary for

operation and management

of ELMD. Such deployment

shall include competent

managers…(rest omitted)”

Judging from the foregoing

provision, the Tenderer

understands that General

Manager and Functional

Managers as stated in note 4

of Form I-B-3 paragraph (h)

shall all be the Employer’s

personnel and therefore that

the Tenderer should not be

required to provide such

personnel nor submit

curriculum vitae (CV)

thereof. Please confirm

foregoing understanding is

correct.

If the Tenderer is still

required to submit aforesaid

CV, please specify the

personnel corresponding to

the Functional Managers,

since no Functional Manager

appears to be existing in the

list of Form I-B-3 paragraph

(h).

General Manager

and Functional

Manager

mentioned in this

note refer to the

Contractor's

Personnel.

Functional

Manager means

Functional Heads

mentioned in

paragraph (h) at s.

nos. 2 to 9.

4 1

(1/2)

3,

Form

I-B-

6(8)

142 3 The Tenderer requests the

Employer to provide

definitions of the terms

“capital spares” and

“maintenance spares” as

used in Clauses 3.1 and 3.3,

since the difference of the

two is not clear by the

description provided in the

respective clauses.

Capital spares are

high value spares

which generally

have a long life

and long delivery

period.

Maintenance

Spares are all

other spares except

Capital spares,

which are required

for maintenance.

These lists will

however be

proposed by the

of 30



Employer’s

Response

Contractor in

consultation with

the Engineer after

award of the

Contract.

5 1

(1/2)

5, Part

II,

Part A

154 1.1.3.7 Judging from PC 1.1.3.7, GS

27.6.16, GS 27.6.18 and GS

27.10.3, the Tenderer

understands that the

Contractor’s maintenance

obligation of the ELMD

Stage 1 as well as the Defect

Liability Period thereof shall

start upon the taking over of

ELMD stage 1, which shall

match with the issuance of

the Taking Over Certificate

for the three Prototype

Locomotives as stipulated in

GS 27.6.16. .

As GS 27.7.5 states contrary

to the aforementioned

provisions that taking over

shall commence at the

completion of period of

maintenance obligation,

please correct GS 27.7.5

accordingly to be consistent

with the aforementioned

provisions.

Further, please confirm that

the term of “acceptance

certificate” as used under

27.6.12 shall be read as

Taking Over Certificate,

'Taking over'

mentioned in

Clause 27.7.5

refers to taking

over of Works at

the end of

Maintenance

Period, i.e. the

final handing over

after completion of

'Maintenance

Support', and not

the issue of Taking

Over Certificate /

Acceptance

Certificates after

completion of

Works which is

mentioned in 27.6.

There is no PC

1.1.3.7 as

mentioned by the

Bidder. It is

however, ATB

1.1.3.7.

Stipulations of

ATB 1.1.3.7 are

clear and self

explanatory.

Hence, no changes

in the above

Clauses are

contemplated.

6 1

(1/2)

5, Part

II,

Part A

161 Table:

Definition

of Sections

Description of RS-1 states

“Procurement of proto-type

locomotives (3 nos.) made in

Japan – Successful

completion of Prototype

Test”, which is to be

completed by “1125 days

from the Commencement

Date”.

Please refer Clause

5.8 & 5.9 of PS-5

(Vol. III) and

Clause 27.2.3 &

27.2.4 of GS for a

clear

understanding.

of 30



Employer’s

Response

Judging from starting date,

“D+37(1125)”, of activity

“L10 Service Trials on DFC

Lines (50,000 km/loco)”

defined in Appendix-1 to

Part B of Section 8 General

Specification, the Tenderer

understands that the issuance

of a Provisional Acceptance

Certificate (PAC) for the

Prototype Locomotives shall

constitute completion of

Prototype as referred to

under RS-1 and that Service

Trial shall not be construed

as part of the Prototype Test

for the conditions of

completion. Please confirm


correct.

7 1

(1/2)

5, Part

II,

Part B

176 13.7 Clause 8.4 (d) of section 5

entitles the Contractor to

claim extension of time “due

to changes in laws”, making

reference to Clause 13.7,

which is conversely deleted

by Clause 13.7 under

Section 5.

The Tenderer believes that it

is unreasonable and against

the industry practice to

require the Contractor to

bear the burden of schedule

and cost implications

resulting from any changes

to the law, regulation,

statutes or standards that are

implemented after the

Commencement Date in

light of the periods for

contract execution over this

long-running term, as such

changes are unforeseeable

and uncontrollable by the

Contractor.

Accordingly, the Tenderer

requests that Clause 13.7 of

the General Conditions be

reinstated.

The Employer

perceives that the

taxes/duties are

likely to be

impacted by

change in law.

Accordingly

reimbursement of

taxes/duties have

been adequately

covered. Hence, no

change in this

Clause is

contemplated.

However, the

provision of PC 8.4

have been amended

as under:

Delete Sub-

Clauses (d) and

substitute as

under:-

“Unforeseeable

shortages in the

availability of

Goods caused due

to governmental

action changes in

laws in accordance

with the provisions

of Sub-Clause

13.7”

8 5 176 Particular

Conditions

13.7

Adjustmen

ts for

[Change in Legislation]

Please find the line for Item

No.1 of Appendix A:

Clarification Record for

The Employer

perceives that the

taxes/duties are

likely to be

impacted by

of 30



Employer’s

Response

Changes in

Legislation

Major Contractual

Conditions, which is

attached to this Clarification

Sheet.

According to the Response

to the Queries in the 2nd

Pre-Bid Meeting, Employer

seems to consider this issue

only for change of Indian

Tax Legislation.

However, Bidder’s concern

is not only for the Indian Tax

Legislation but also includes

the General Indian

Legislation. Examples of

Bidder’s Concern are as

follows;

Ex.1: If Indian Labor Law

changes after the

Tender Base Date, and

normal working hours

in India become

moderated, either time-

over-run or cost-over-

run is inevitable.

Ex.2: If Indian

Environmental Law

changes after the

Tender Base Date, and

some new

environmental

assessments becomes

mandatory for this

project, either time-

over-run or cost-over-

run is inevitable.

Please note Bidder can take

Legislation Change Risk of

outside India, but Bidder

cannot take Indian

Legislation Change Risk.

Therefore, Bidder would like

Employer to revive this

clause, i.e. Clause 13.7 of

General Condition .

change in law.

Accordingly

reimbursement of

taxes/duties have

been adequately

covered. Hence, no

change in this

Clause is

contemplated.

9 5 176 Particular

Condition

13.8

Adjustmen

[Price Adjustment Clause

for ELMD]


No.4 of Appendix A:

Bidders may note

that construction of

ELMD is not an

independent

of 30



Employer’s

Response

t for

Changes in

Cost


Major Contractual



Sheet.

During the 2nd

Pre-Bid

Meeting, Employer

mentioned that Price

Adjustment Clause shall not

applicable for ELMD, but

the reason is not clear and

Bidder cannot accept.

Please note if there is no

Price Adjustment Clause in

ELMD, Bidder has to put

contingency for the same

instead and increase Bid

Price unwillingly, which is

not small impact in this

project, since the amount of

ELMD must consist one of

major portion in this

Package under the current

demanding tender condition.

Please refer to Section 4.12

in the JICA’s ODA

Procurement Guideline

(Amendment on March

2009). Application of Price

Adjustments Clause is

recommended as follows;

“It is generally

recommended that price

adjustment provisions be

necessary for works

contracts which extend

beyond one year, and that

such provisions be

included even for works

contracts which is less

than one year, if

fluctuation of prices is

expected within a

relatively short time

period. ”

Under these circumstances,

Bidder would like Employer

to reconsider to apply

Bidder’s proposing Price

Adjustment Index for

ELMD, which is again

contract but part of

a composite

contract

comprising Design,

Manufacturing/

Construction,

Supply,

Installation,

Testing &

Commissioning of

Electric

Locomotives cum

Maintenance &

Depot works

including Transfer

of Technology

(TOT). Therefore,

all commercial

provisions in the

Bid Document

needs to be

considered for the

Tender Package as

a whole.

Accordingly,

advance payments

have been

provided.

Similarly, Price

Variation for Local

& Foreign

currency have also

been factored for

Group A items.

Hence, no change

in this Clause is

contemplated.

of 30



Employer’s

Response

attached herein as Appendix

C.

10 5 Particular

Conditions

14.1

The

Contract

Price

[Tax Reimbursement]


No.2 of Appendix A:


Major Contractual



Sheet.

According to the Employer’s

Response to the Queries in

the 2nd Pre-Bid Meeting,

Employer states that PC 14.1

is clear and self-explanatory,

but that doesn’t suffice our

requirements.

Bidder seriously concerns

the feasibility of

reimbursement procedure

and impact to the cash flow

plan, so please clarify the

following details.

1) List of all the tax item

which can be

reimbursable in this

project

2) Timing of Contractor’s

reimbursement claim to

Employer

(Any time Contractor

deposit tax? Monthly?

Yearly? Or one time in

Final Payment

Application. )

3) All the required evidence

to be submitted to Employer

(Only Tax Invoice? Copy

of Bank Statement is also

required?)

4) Required Period for

Employer to make

reimbursement

5) Amount of

Reimbursement

(Gross tax amount

mentioned in each

Contractor’s Tax Invoice?

Or Net Tax amount

deposited by Contractor to

It is reiterated that

existing provisions

in Clause PC 14.1

are clear and self-

explanatory.

However,

payment/reimburse

ment of

taxes/duties would

be made along with

the payment for the

respective stages

mentioned in the

schedules

(Schedules 4.1 to

4.20 of Price Bid:

Bid Document:

Vol. 1 – Part 2/2,

further explained

in Schedule 5).

Where payment is

made in more than

one part, the

payment/reimburse

ment of

taxes/duties would

be made along with

the last payment.

As already

indicated in Clause

14.1, documentary

evidence relating

to the tax payment

having been made

would have to be

enclosed along

with the claim.

Claims would be

examined and

payments made as

per Clause 14 of

General Conditions

as amended by

relevant Particular

Conditions.

The tax

reimbursement is

applicable only to

of 30



Employer’s

Response

Authority after offset of

input credit amount paid

by Contractor to its

subcontractors? )

6) Reimbursement for

Subcontractor’s Tax

(Whether reimbursement

is also available for Indian

Indirect Taxes (both

Federal and State level)

and Custom Duties

incurred by Subcontractors

at the import/delivery of

either permanent material

or construction/temporary

equipment, if Contractor

submits evidence and

claim the reimbursement

to Employer? If so, please

let us know the procedure

and necessary evidence. )

For your reference, we

attach the reimbursement

procedure in DMRC

Project Phase II Contract

RS3 as Appendix B.

the contractor and

not the sub-

contractor. (Refer

clause PC 14.1)

The detailed

payment procedure

will be finalized by

the Engineer after

the award of the

contract. In this

regard, Clause 14.3

of General

Conditions may be

referred.

11 5

6

157

41-

43

Appendix

to Bid 14.2

Total

advance

payment

with

Currencies

and

proportions

Group B

Electric

Locomotiv

e

Maintenan

ce Depot,

schedule

4.11-4.17,

Schedule-5

- Payment

Schedule

[Advance Payment for

ELMD]


No.5 of Appendix A:


Major Contractual



Sheet.

During the 2nd

Pre-Bid

Meeting, Employer

mentioned that Advance

Payment shall not applicable

for ELMD, but the reason is

not clear and Bidder cannot

accept.

Please note, under current

Milestone Payment

Schedule, Bidder will face

serious negative cash flow in

ELMD construction

especially during the Stage-

1, and approximately 20% of

Advance Payment and

Ref. to Employer’s

response at Sl. No.

9 above.

of 30



Employer’s

Response

monthly progress payment

for interim payment instead

of current milestone

payment condition which the

events are heavily shifted to

the later stage of the

Contract is required for

remedy the situation.

Please refer to Section 4.13

in the JICA’s ODA

Procurement Guideline

(Amendment on March

2009). Application of

Advance Payment is

recommended as follows;

"Advance payment clauses are generally included in contracts"

"the amount of the advance payment should be within a reasonable range in relation to international practice."

"The percentage can usually be expected to lie between 10 and 15% of the contract price"

"Cases of no advance payment should be avoided as much as possible and a certain amount of advance payment should be required to ensure a smooth progress of work, since the financial situations of some businesses in developing countries are frequently not entirely satisfactory."

Under these circumstances,

Bidder would like Employer

to reconsider the advance

payment clause, and at least

“10% of EL Amount” should

be amended as “20% of

Contract Amount”.

12 6

9-10

24-29

Schedule

2-Preamble

to the Price

Schedule

Group B-

Electric

Locomotiv

[Payment Schedule for

ELMD]

Bidder understands the

interim payment shall be

made for 35 instalments in

accordance with the current

payment schedule 4.11 –

The Bidders are

again advised that

construction of

ELMD is not an

independent

contract but part of

a composite

contract

of 30



Employer’s

Response

5

41-43

56-58

153

178

e

Maintenan

ce

Depot(EL

MD)

“Schedule

4.11”~“Sc

hedule

4.18”

Schedule

4-Price

Schedule-

Price Bid

“Price

Schedule

4.11”~“Pri

ce

Schedule

4.18”

Group B-

Electric

Locomotiv

e

Maintenan

ce Depot,

schedule

4.11-4.18

Payment

Schedule

4.11

Payment

Schedule

4.12, 4.13,

4.14,

4.15,4.16,

4.17 &

4.18

4.18. However, as most of

these instalments are

supposed to be paid much

later than the payment by

Contractor to the

subcontractors and the

suppliers, Contractor will be

suffered by long-term

negative cash flow during

Stage-1 of ELMD

construction even though

20% of advance payment is

accepted by Employer.

To avoid serious negative

cash flow, Bidder would like

to propose the monthly

progress payment method

with the following steps

(reference is attached as the

Appendix - D “Monthly

Progress Payment Method

(Sample)”);

(1) Increase the number of

items from the current 35

items specified in the

original Payment

Schedule to the items

specified in the original

Price Schedule (the left

column of Appendix -

D). In accordance with

the original requirement

of Payment Schedule,

Bidder to propose the

additional items for

Schedule 4.13 – 4.16

(2) Bidder to propose the

Sub-milestones as

payment event with

weight factor for each

item above such as,

“Letter of Intent or PO to

Vendor (a%)”,“Start

Fabrication (b%)”,

“Finish Fabrication

(c%)”, “IRN (Inspection

Release Notice) (d%)”,

“EX-Factory or FOB)

(e%)...etc.” upon

submission of proposal to

Employer (red color in

comprising Design,

Manufacturing/

Construction,

Supply,

Installation,

Testing &

Commissioning of

Electric

Locomotives cum

Maintenance &

Depot works

including Transfer

of Technology

(TOT). Therefore,

all commercial

provisions in the

Bid Document

needs to be

considered for the

Tender Package as

a whole.

Hence, no change

in this Clause is

contemplated.

of 30



Employer’s

Response

the top row of Appendix

- D).

(3) During the execution of

Works, Contractor to

prepare and submit the

bill to Engineer monthly

for the Sub-milestones

completed for each item

in that month. Payment

from Employer shall be

made monthly through

the procedure in

accordance with Sub

Clause 14.3, 14.6 and

14.7 of General

Condition and Particular

Condition.

Please accept the foregoing

proposal for interim payment

of Group-B.

13 I 7 190 Performan

ce

Security

Both the terms “Security”

and “Guarantee” are used.

Please consolidate them to

the ether one to avoid being

confusion.

The heading

specifies the

“Performance

Security” which is

being accepted by

Employer in the

form of a

Guarantee from

Bank, which is

specified in the

FIDIC sub-clause

4.2 & its relevant

sub-clause ATB

4.2 & PC 4.2.

Accordingly, both

the terms are

relevant in their

context.

Further, the said

terms are same as

per JICA’s

Standard Bidding

Document.

Accordingly, no

change in the

format of

Performance

Security is

contemplated.

14 I 7 190 Performanc

e

Security

“subparagraph (ii) of Sub-

article 20(a)”

This subparagraph (ii) does

NOT exist in article 20 (a).

Yes, the

subparagraph (ii)

doesn’t exist in

sub-article 20(a).

However, the

of 30



Employer’s

Response

Please clarify. reference for this

subparagraph in

the Format of

Performance

Security is meant

for its exclusion

only, therefore, no

corrections is

required in the

format.

15 I 7 190 Performanc

e

Security

*Quote*

At the request of the

Contractor, we [insert

name of Bank] hereby

irrevocably undertake to

pay you any sum or sums

not exceeding in total an

amount of [insert amount

in figures] ([amount in

words]),1 such sum being

payable in the types of

currencies in which the

Contract Price is payable,

upon receipt by us of your

first demand in writing

accompanied by a written

statement stating that the

Contractor is in breach of

its obligation(s) under the

Contract, without your

needing to prove or to

show grounds for your

demand or the sum

specified therein.

*Unquote*

We consider such right of

indemnification should be

executed with your proving

or appropriate evidence

that the Contractor is in

breach of its obligation(s).

Therefore we request you

to replace the term

“without” to

“with”appropriately.

The provision is as

per the JICA’s

Standard Bidding

Document.

Accordingly, no

change in the

Performance

Security is

contemplated.

16 I 7 191 Advance Both the terms “Security” The heading

specifies the words

of 30



Employer’s

Response

Payment

Security

and “Guarantee” are used.

Please consolidate them to

the ether one to avoid being

confusion.

“Advance Payment

Security”, which

shall be in the form

of a Bank

Guarantee, as

acceptable to the

Employer and as

specified in the

FIDIC sub-clause

14.2. Therefore,

both the terms are

relevant in their

context.

Accordingly, no

change in the

format of

Performance

Security is

contemplated.

17 I 7 191 Advance

Payment

Security

“breech” of third paragraph

We afraid that “breach” is

correct. Please clarify.

The use of word

“breach” is in line

with the JICA’s

Standard Bidding

Document. The

same is also being

used for other DFC

Contracts.

18 I 7 192 Form of

Retention

Money

Guarantee

“[part ot ]” of first

paragraph

We afraid that “[part of]” is

correct. Please clarify.

The specified

provision

“payment of [part

of] the retention

money” implies

that the Contractor

also has the option

to request release

of part of Retention

Money. The

provision is as per

sample format

attached in the

FIDIC document.

19 I 7 192 Form of

Retention

Money

Guarantee

The content of “Sub-Clause

14.3 c, 14.9” is unclear for

the third party.

We request you to insert

the body text of

abovementioned clause

into the appropriate part of

the form.

The reference to

“(Sub-clause 14.3c,

14.9)” under the

title of the form is

just a ready

reference to the

related conditions

of the contract, for

bidders.

Reproducing the

referred contract

condition in the

format is not

considered

necessary.

of 30



Employer’s

Response

20 I 7 193 Security

Against

70%

payment

of Loco

on

availabilit

y of

SKD/CK

D KIT

“the Employer”

Definition of this term is

not stipulated within the

form.

Please replace “the

Employer” to “Ministry of

Railways, Government of

India” accordingly.

The form has been

amended with

addition of words

i.e. (Defined in the

Bid Document as

“the Employer”)

under the

identification of

Beneficiary.

21 I 7 193 Security

Against

70%

payment

of Loco on

availability

of

SKD/CKD

KIT

Demand

Guarantee

*Quote*

At the request of the

Contractor, we [insert name

of Bank] hereby irrevocably

undertake to pay you any

sum or sums not exceeding

in total an amount of [insert

amount in figures]([amount

in words]),1 such sum being

payable in the types and

proportions of currencies in

which the payment is being

made to the Contractor, upon

receipt by us of your first

demand in writing

accompanied by a written

statement stating that the

Contractor is in breach of its

obligation(s) under the

Contract, without your

needing to prove or to

show grounds for your

demand or the sum

specified therein.

*

We consider such right of

indemnification should be

executed with your proving

or appropriate evidence

that the Contractor is in

breach of its obligation(s).

Therefore we request you

to replace the term

“without” to “with”

appropriately.

No change in the

format is

contemplated.

22 I 7 193 Security

Against

70%

payment

o

f Loco on

availability

of

SKD/CKD

KIT

Demand

“(Refer Item No A.4 and

A.5 of Schedule 5: Payment

Schedule in Vol I (Part

2/2)”

This sentence should be

removed. Please clarify.

The reference to

“(Refer Item No

A.4 and A.5 of

Schedule 5:

Payment Schedule

in Vol. I (Part

2/2)”under the title

of the form is just a

ready reference to

the related

conditions of the

of 30



Employer’s

Response

Guarantee contract, for

bidders. Removal

of the referred

contract condition

in the format is not

considered

necessary.

23 1

(1/2)

7 203 Form of

Insurance

Requireme

nts [Sub

Clause-

18]

The Sentence under the

provision of (a) Insurance of

Works and Contractor’s

equipment states that “the

Contractor shall insure to

cover loss and damage [snip]

until the date of issue of the

performance certificate”, as

against “To Issue of Taking

Over Certificate” as set forth

in the table given below the

aforesaid provision.

The Tenderer believes

“performance certificate”

herein shall be replaced with

“Taking Over Certificate”.

Please confirm

The Bidder’s

understanding is not

correct, as the

referred table in this

form is not

elaboration of the

text portion above.

However, it is clear

in the FIDIC clause

18.2/18.1 that the

insuring Party shall

insure the Works,

Plant, Materials and

Contractor’s

Documents for not

less than the full

reinstatement cost.

This insurance shall

be effective from the

date by which the

evidence is to be

submitted, until the

date of issue of the

Taking Over

Certificates for the

Works. The insuring

Party shall maintain

this insurance to

provide cover until

the date of issue of

the Performance

Certificate, for loss

or damage for which

the Contractor is

liable.

24 1

(1/2)

7 203 Form of

Insurance

Requireme

nts [Sub

Clause-

18]

The Tenderer understands

that the Contractor’s

insurance for the Works

shall not be required while

the Works are under

manufacture at the premises

of CLW and Dankuni, in lieu

of the provision to maintain

it in effect to the date of

issue of the Taking Over

Certificate.

Please confirm foregoing

understanding is correct.

The Bidder’s

understanding is not

correct. The Clause

is clear and self-

explanatory.

25 1

(2/2)

6 12 to

33

Schedule

3, Price

Schedule

The Tenderer assumes that

certain parts of the cells

provided with dash under the

Refer item at Sl.

No. 13 of

Addendum/

of 30



Employer’s

Response

4.1 to 4.8 table of each relevant Price

Schedule may have to be

filled with figures depending

upon the nature of the

descriptions.

Please confirm that the

Tender is allowed to place

figures in such cells as are

provided with dash when the

Tenderer deems it necessary.

Corrigendum No.

1.

26 II 8 18 Part A

Scope of

Work

Part A-2,

3, o)

[Electrical

Works]

[Transmission Line Work]


No.3 of Appendix A:


Major Contractual



Sheet.

During the 2nd

Pre-Bid

Meeting, detailed

information was not

provided by Employer

towards the Employer’s

question submitted on

December 10, 2014, and

Bidder seriously concerns

the following two points.

1) As long as Bidder’s

Question is unclarified,

Bidder cannot even start

to evaluate whether

Bidder can undertake

this work or not.

2) Even if Bidder reach to

conclusion of

undertaking this work,

Employer’s involvement

for coordination with

Local Electricity

Supplier is mandatory in

order for Bidder to

provide a reasonable

proposal, but the process

of which must take quite

long time.

Under this circumstance,

Bidder strongly request

Employer to exclude “the

Power Transmission Line

The relevant

provision in Clause

3, o) [Electrical

Works] of Part A-2

(Page 18 of Vol II)

is amended as

under:

“The Scope of

Work shall include

but not limited to

the following:

1) Arranging

2 MVA HT (33

kV)/ LT electric

supply from local

power supply

agency (Dakshin

Haryana Bijli

Vitran Nigam

(DHBVN) sub-

station located at

Pali Grid sub-

station) with

transmission

capacity of 4

MVA including

receiving sub-

station, check

survey for

crossing existing

power lines. ……..”

The Bidders

request for

excluding “the

Power

Transmission Line

Work from the

Power Company to

the Site”, from the

Contractor’s Scope

of Work is not

acceptable.

of 30



Employer’s

Response

Work from the Power

Company to the Site”, from

the Contractor’s Scope of

Work of this Package.

27 II 8, Part

B

112 12 The Tenderer believes that

the existing SHE

organisation retained by

Chittaranjan Works and

Dankuni Works under the

relevant regulations in India

can be utilised for the

installation and

commissioning of machinery

and plant to be done by the

Contractor under the

Contract, and as such that

the separate SHE

organisation shall not be

required to be provided by

the Contractor. Please

confirm foregoing


Facilities of CLW

(Chittaranjan and

Dankuni) can be

utilised by the

Contractor to the

extent available.

However, SHE

requirements for

the Contractor’s

Works and its

personnel will be

the exclusive

responsibility of

the Contractor

only.

28 II 8, Part

B

186 27.4.5 GS 27.4.5 stipulates that the

final inspection and test of

each locomotive shall be

carried out by the

Contractor’s personnel for

the acceptance of 41th to

100th locomotives, whereas

GS 7.4.2 provides to the

contrary that CLW shall test

the locomotives for Stage II

(SKD), Stage III (CKD) and

Stage IV (indigenous

production). PS-6; 6.8.1

also states that testing of

locomotives shall be done by

CLW using technology

transferred by the Contractor

and under supervision of the

Contractor’s Engineers.

The Tenderer believes that

GS 27.4.5 shall be corrected

accordingly so that the same

shall be in line with GS 7.4.2

and PS-6 6.8.1, and humbly

wishes to request the

Employer to issue an

amendment thereof.

There is no

contradiction

between these

clauses.

CLW shall carry

out final tests

under supervision

of the Contractor

and the Resident

Inspecting

Engineer shall

witness these tests.

Hence, no change

is contemplated in

this Clause.

29 II 8, Part

B

199 Appendix -

1

The Tenderer understands

that the “starting date”

indicated in Appendix-1 are

provided as an indicative one

and may be adjusted for

The Bidders

understanding is

correct.

of 30



Employer’s

Response

optimum scheduling to be

orchestrated by the

Contractor, to the extent and

insofar as the Contractor

shall abide by the

“completion date” of each

milestone and such schedule

adjustments by the

Contractor are properly

coordinated with other

sections or the works of the

Interfacing Contractors.

30 II 8, Part

B

200 Appendix -

1

In the subject appendix, it

states at S. No. L9 that

“Acceptance of Prototype by

Employer” to be completed

by 37 months (1,125 days)

from Notice to Proceed.

Judging from the

requirements of PS-5 5.8 and

5.9, the Tenderer believes

that the terms “Acceptance”

as used in milestone L9 is

synonymous with the

issuance of Provisional

Acceptance Certificate for

the Prototype Locomotives

pursuant to PS-5 5.8.

The Bidders

understanding is

correct.

31 III 9 24 3.2.1 (i) “Starting tractive effort

under dry rail condition (up

to speed not less than

10 Kmph.”

We understand that the

starting tractive effort is to

be held up to a certain

speed to measure and verify

it. Empirically, holding up

to 5 Kmph is sufficient to

measure starting tractive

effort steadily. So please

consider to allow alternate

speeds other than 10 Kmph

which is sufficient to

measure and verify starting

tractive effort.

No change is

contemplated in

this Clause.

32 III 9, PS-

1

55 4.5.4 At S No. 81 of the

Employer’s response to

queries raised by the

prospective bidders included

in Addendum/Corrigendum

No.1, the Employer states

Ballast weights are

required to be

supplied for the

three prototype

locomotives.

Clause 6.18 of PS-

of 30



Employer’s

Response

that “Ballasting of the

locomotives to increase the

axle load to 25 tonnes from

22.5 tonnes shall be done by

the Contractor only for the

purpose of trial and testing.”

The Tenderer assumes that

the terms of “trial” and

“testing” mentioned in the

above Employer’s response

are respectively used to

mean the “Service Trial” and

the “type test”, and therefore

understands that since the

Service Trials are only

conducted on the three

Prototype Locomotives,

ballast weights required to

be delivered by the

Contractor to Rewari shall

be for three locomotives

only. Please confirm


correct.

6 has been suitably

amended.

33 III 9, PS-

1

67 Annex 1 Annex 1 of the Particular

Specification (RDSO

drawing, EDO/T-2202,

Diagram No. 1D) refers. The

Tenderer’s understanding is

that this drawing refers to

the static condition of the

locomotive with new wheels.



The Bidders

understanding is

correct.

34 III 9, PS-

1

73 4.3 The tenderer understands

that, in the event that the

option to extend the

maintenance contract by a

specified period which may

be limited to a maximum of

6 years is exercised by the

Employer, such option shall

be covered by separate

bonds, and that the Defect

Notification Period for such

option shall commence and

terminate separately and

independently. Please

confirm foregoing


Subsequent to the

completion of first

six years

maintenance support

period, the

Performance

Certificate shall be

issued subject to the

conditions specified

in the Contract.

However, it will be

obligation on part of

the Contractor to

accept the

Employer’s option of

extending the

Maintenance Support

Period for another

six years (7th to 12th

years), for which the

relevant terms and

conditions of the

of 30



Employer’s

Response Contract shall apply.

35 III 150 Appendix

C1-2,

Section A

Srl No. 18

“Gear Wheel Condition

Assessment Gauge-

Spectrographic”

It would be highly

appreciated if you could

provide us more detailed

information on the

aforesaid product because

the Bidder has no idea

about it.

1) Which part of gear wheel

should be assessed?

2) For what purpose is this

equipment used? To find a

crack?

Gear Wheel

Condition

Assessment Gauge

–Spectrographic is

mentioned at Srl.

No. 21. The

description is

modified as ‘Gear

Wheel Condition

Assessment

Gauge’.

The equipment

should be able to

detect cracks.

36 III 151 Appendix

C1-2,

Section A

Srl No. 43

“Crack detection

Equipment”

Please provide us more

detailed information on the

aforesaid product. (eg.

1) Which part of traction

motor should be assessed?

(shaft, outer frame or

bearing?)

2) Please confirm that the

selection of the equipment

is Bidder’s sole discretion

Contractor shall

select the

equipment as per

Good Industry

Practices.

Equipment is

required for

detecting cracks on

shaft.

37 III 174 Appendix

C1-2,

Section B

Clause

2.15

From our past experience,

re-impregnation of traction

motor coils is only

necessary on certain

traction motors after one or

two periodic overhauls. So

the VPI facility will not be

used at all in the first 10 or

15 years. Considering the

number of locomotives, it

will be seldom used even

after that. We suggest

bringing traction motors

which need to be retreated

to manufacturing facilities

like CLW each time they

are found to be faulty. So

No change is

contemplated.

of 30



Employer’s

Response

please consider to exclude

the VPI facility from the

maintenance depot facility.

38 III 9, PS-

4

623 4.1.1,

4.1.2, 4.1.3

Judging from Clauses 4.1.1,

4.1.2 and 4.1.3 of PS-4 in

Volume III and S No. 117 of

the Employer’s response to

queries raised by the

prospective bidders included

in Addendum/Corrigendum

No.1, the Tenderer

understands that items to be

incorporated in and managed

by the Tenderer’s proposed

Maintenance Management

Information Systems

(inclusive of asset

management system as

referred to under Clause 25.7

of PS-3 Part C1, inventory

and maintenance



of PS-3 Part C1, inventory



of PS-2, loco maintenance

controller as referred to

under Clause 24.10 of PS-3

Part C1, maintenance



of PS-3 Part C1, material

management and inventory

control system as referred to

under Clause 4.9.3 of PS-4

and material management

system as referred to under

11.8 of PS-3 Part C1) shall

be limited to those plants

and equipment that are

directly associated with

maintenance of locomotives

and shall be covered by the

maintenance obligation of

the Contractor vide Clauses

4.1.1, 4.1.2 and 4.1.3 under

PS-4.

Please confirm foregoing is

correct.

The Clauses

refereed in this

query are clear and

self-explanatory in

their respective

context.

39 9 623 4.1.1

4.1.2

[Maintenance Support for

ELMD]

Reference to the meeting

among Employer, Engineer

and the Bidder held on 18th

Bidder’s

understanding in

respect of clause

4.1.1 and 4.1.2 is

correct.

of 30



Employer’s

Response

Dec. 2014 day after the 2nd

Pre Bid Meeting, the Bidder

understands the equipment,

tools and systems mentioned

in 4.1.1 and 4.1.2 shall be

directly maintained by

Employer and the Bidder has

no longer obligation for the

maintenance of these items.

Please provided us with

written confirmation for the

above in reply to this

clarification.

Accordingly

following

amendments are

made:

(i) Clause a. ii of

paragraph 1.

Introduction of

Part A : SCOPE

OF WORK

(Page 1 of Vol.

II)- “Maintenance

support for all

assets and works,

facilities and

utilities of the

maintenance

depot for a

specified period

as per contract

including supply

of spares and

consumables as

required for

maintenance of

locomotives and

maintenance of

assets and works

of maintenance

depot.”

(ii) Clause 5a.

of A-3 (SCOPE

OF WORK -

CONSTRUCTI

ON OF

MAINTENANC

E DEPOT AND

MAINTENANC

E OF ASSETS

IN

MAINTENANC

E DEPOT)- “The contractor

shall provide

maintenance

support for

maintenance of

maintain the

assets of the

ELMD, in

accordance with

maintenance

obligations

stipulated in

Employers

requirements -

general

specifications and

particular

of 30



Employer’s

Response specifications and

also as per

maintenance

schedules and

plans drawn up by

him.”

40 III 9, PS-

4

630 4.12.2 PS-2 12.1.5 states that in

case of Unscheduled

Maintenance, “if such supply

and installation have arisen

on account of negligence of

Employer staff, accidents,

vandalism, arson, riots or

natural calamities, the

obligations hereunder shall

form part of Unscheduled

Maintenance and the cost

thereof shall be borne in

accordance with the

provisions contained in

Clause 12.2.”

To the contrary, PS-4 4.12.2

states that “All spares and

consumables required for

any and all Unscheduled

Maintenance shall form part

of Maintenance Obligations

and shall be undertaken by

the Contractor at its own

cost and expense.”

The Tenderer believes that

PS-4 4.12.2 shall be

corrected accordingly so that

the same shall be in line with

PS-2 12.1.5, and humbly

wishes to request the

Employer to issue an

amendment thereof.

Clause 4.12.2 has

been modified as

follows:

“All spares and

consumables

required for any

and all

Unscheduled

Maintenance,

shall form part of

Maintenance

Obligations and

shall be

undertaken by of

the Contractor and

at its own cost/

and expense for

the same shall be

borne by the

Contractor, except

in cases where the

need for such

Unscheduled

Maintenance has

arisen on account

of negligence of

Employer staff,

accidents,

vandalism, arson,

riots or natural

calamities. ”

41 III 9, PS-

5

637 5.6 As stipulated in this clause,

the Tenderer understands

that the dynamic tests

including type tests and

other tests required for the

Prototype locomotives shall

be conducted on either IR or

DFCC line, indicating that

such tests shall be carried

out at axle loads of 22.5

tonnes or 25 tonnes,

respectively.

Under such context, the

Tenderer further understands

that the type tests such as

EMC, noise measurement

Please refer to

Employer’s

response at S No

63, issued on

18/11/2014.

Dynamic tests shall

be carried out on

both IR and DFCC

lines. Other type

tests too will be

required on both

lines.

DynamicTests on

DFCC lines will be

conducted at both

22.5 tonne axle

of 30



Employer’s

Response

and compatibility testing

with signalling and

telecommunication

installations need to be done

using one of the Prototype

locomotive weighing either

150 tonne or 135 tonne,

which shall not be required

to be repeated in the other

line (i.e., IR or DFCC) or for

the other weight (135 tonnes

or 150 tonnes), once such

tests are completed and

passed in any configuration.



load and 25 tonne

axle load, while

tests on IR track

will be only with

22.5 tonne axle

load only. Other

type tests on

DFCC lines will be

only with 25 tonne

axle load.

42 III 9, PS-

5

642 5.8

The Tenderer fully

understands the Employer’s

requirements that it is the

Contractor’s responsibility to

complete the testing of

Prototype locomotives in

order to obtain the

Provisional Acceptance

Certificate as well as the

Final Acceptance Certificate

from the Employer while

meeting the Key Dates and

other schedule requirements

specified in the Bid

Documents.

The Tenderer finds,

however, that GS 27.2.3 and

PS-5 5.8 provide that the

Contractor is not allowed to

commence series production

until PAC is issued to

Prototype locomotives, and

even further that PS-5 5.6.1

states series production

should not commence until

FAC is issued to Prototype

locomotives and their sub-

assemblies.

The Tenderer opines that the

foregoing provisions would

No change is

contemplated in

the provisions.

However, Clause

5.6.1 has been

aligned with 27.2.3

of GS and Clause

5.8 of PS-5.

of 30



Employer’s

Response

result in unnecessarily

limiting the Contractor’s

capability to orchestrate the

overall implementation

schedule for the production,

delivery, testing and

commissioning as well as

quality control of the

locomotives to the benefit of

the Employer in terms of

undisrupted execution of the

Contract. Accordingly, the

Tenderer wishes to humbly

request the Employer to

amend the foregoing

provisions so that the

Contractor is able to

organise the optimal

schedules of series

production, delivery, testing

and commissioning thereof

on its own responsibility.

43 III 9, PS-

6

653 6.1.4 The Tenderer understands

that the term “Effective

Date” used in this clause is

synonymous with the terms

“Commencement Date” as

defined in Clause 8.1 of

Section 5. Please confirm


correct.

Bidder's

understanding is

correct.

44 III 9, PS-

6

666 6.18 The Tenderer understands

that it is the obligation of the

Contractor to design the

locomotive such that the

locomotive’s axle load shall

be upgradable from 22.5

tonnes to 25 tonnes and that

the maximum operation

speed shall be upgradable

from 100 km/h to 120 km/h.

The Tenderer further

understands that the

Contractor is required to

provide the relevant kits and

parts for said upgrading,

such as secondary coil

springs and/or other parts if

judged necessary to be

replaced in the Tenderer’s

proposed designs, only for

the three Prototype

Locomotives for the purpose

of design verification.

Contractor is

required to provide

the ballast (and

relevant kits if any)

to upgrade axle

load from 22.5

tonnes to 25 tonnes

for the 3 number

prototype

locomotives. The

Clause is amended

accordingly.

of 30



Employer’s

Response



45 III 9, PS-

6

667 6.19.1 With respects to the TOT for

Design and setting up of the

Design and Development

Centre (D&D Centre) at

Dankuni, the Tenderer

understands that after the

completion of the first three

years, the Contractor need

not physically man the D&D

Centre during the subsequent

three years, but provide

technical support by the

Technical Personnel who

shall be off site. Please

confirm foregoing


The Clause is clear

and self-

explanatory.

46 S No.97,

RESPONS

E TO

QUERIES

– OF

SECOND

PRE-BID

CONFERR

ECE

(Issued on

20.01.2015

)

[Interface with Package 5

Contractor]

In reference to Employer’s

response for Bidder’s

question (S No. 97,

RESPONSE TO QUERIES)

regarding the name of

vendors for Package-5

contractor to follow the

requirement to use the same

manufacturer’s equipment as

Package-5, Employer’s

response was as follows;

-Quote-

“It is an interface issue to be

resolved between the

selected bidders including

RS P-7”

-Unquote-

Actually, the situation below

makes this requirement

difficult;

1. Package-5 is still under

evaluation by DFCCIL

and none of bidder has

been selected yet.

2. The potential vendors /

bidders of Package-5

we contacted has never

disclosed who shall be

the right vendors of

Package-5 as even they

It is reiterated that

it is an interface

issue to be

resolved between

the selected

bidders including

RS P-7.

of 30



Employer’s

Response

are not firmly sure.

Under such circumstance, it

is too late for the Bidder to

submit the proposal by the

bid due date complying with

such requirement. Hence,

please allow us to exclude

the relevant part (Signaling

and Telecommunication)

from the technical proposal

and the commercial proposal

which will be submitted by

the bid due date. Once

Package-5 bidders are

selected and the correct

vendors are announced by

Employer, the Bidder shall

submit the missing part of

the proposal 3 months after

Variation Order by the

Employer.

47 S No. 11,

RESPONS

E TO

QUERIES

– OF

SECOND

PRE-BID

CONFERR

ECE

(Issued on

20.01.2015

)

At the Page 50 of 60 in

the RESPONSE TO

QUERIES OF SECOND

PRE-BID CONFERENCE

(Issued on 20.01.2015),

the clause 5.6 of Section

8 is amended as below.

The forms of each

document are to be

provided later, however,

the contents of the forms

are essential for us to

provide “comply” with this

clause. Please provide us

the forms at least 30 days

before the bid closing

date.

Performance

Guarantee

mentioned in

Clause 5.6 of GS is

same as

Contractor’s

Warrantee

provided at page

194 of Vol I.

Other documents

mentioned at (a),

(c), (d) & (e) of

this Clause 5.6 of

GS shall be

proposed by the

Contractor after

award of the

Contract and shall

be subject to

consent of the

Engineer and

approval of the

Employer.

of 30

Addendum / Corrigendum N0. 4 (Dated --20/02/2015)

to the Bid Document for the

Dedicated Freight Corridor Project (Western Corridor: JNPT – Dadri) Design Build

Contract for Contract Package RS P-7: Electric Locomotive cum Maintenance and Depot

Works.

The following are further modifications to the above Bid Document issued on September 01, 2014. The

referenced provisions are to be read in the amended form as set out below. The deletions from the

earlier text of the document circulated are indicated as strike throughs and the additions are underlined.

S. No. Clause/ Ref Page No. Modified Provisions (in track change)

VOLUME I (1/2 & 2/2)

1 Form of Bid

Security 93

Form of Bid Security (Bank Guarantee)

Beneficiary: The President of India, Acting through Executive Director, Electrical (Development), Ministry of Railway (MOR) Railway Board, Govt. of India, Rail Bhawan, New Delhi – 110001 (India) (Defined in the Bid Document as “the Employer”) ……….

2

Particular

Condition

8.4:

Extension of

Time for

Completion

174

…….

Delete Sub-Clauses (d) and substitute as under:-

“Unforeseeable shortages in the availability of Goods caused due to

governmental action changes in laws in accordance with the

provisions of Sub-clause 13.7”

……….

3

Volume I

(1/2) 14.7

Particular

Conditions

179

Payment to the Contractor of the foreign and local currency portions

using the proceeds of the Loan shall be made by the Commitment

Procedure (refer to JICA HP:

www.jica.go.jp/english/operations/schemes/oda-loans/

oda_op_info/handbooks/pdf/chapter2_en.pdf) as set forth in the Loan

Agreement between the Government of India and JICA. This The

local currency portion will be paid in the designated local currency to

the designated bank of the Contractor under the tTransfer and/or

Reimbursement pProcedure.

4

Security

Against

70% payment

of Loco on

availability

of SKD/CKD

KIT Demand

Guarantee

193

Security Against 70% payment of Loco on availability of

SKD/CKD KIT

Demand Guarantee (Refer Item No A.4 and A.5 of Schedule 5: Payment Schedule in Vol I (Part

2/2)

[insert Bank’s Name, and Address of Issuing Branch or Office]

Beneficiary: [insert name and address of the Employer]

(Defined in the Bid Document as “the Employer”)

………

http://www.jica.go.jp/

of 30

VOLUME II

5

Clause a (ii)

Vol. II Part

A: Scope of

Work

1 Maintenance support for all assets and works, facilities and utilities of

the maintenance depot for a specified period as per contract including

supply of spares and consumables as required for maintenance of

locomotives and maintenance of assets and works of maintenance

depot.

6

Clause 3, o)

[Electrical

Works] of

Part A-2

18 The Scope of Work shall include but not limited to the following:

1) Arranging 2 MVA HT (33 kV)/ LT electric supply from local power

supply agency (Dakshin Haryana Bijli Vitran Nigam (DHBVN)

sub-station located at Pali Grid sub-station) with transmission

capacity of 4 MVA including receiving sub-station, check survey

for crossing existing power lines.

……..

Clause 5a of

A-3 (Vol. II)

24 The contractor shall provide maintenance support for maintenance

ofmaintain the assets of the ELMD, in accordance with maintenance

obligations stipulated in Employers requirements - general

specifications and particular specifications and also as per

maintenance schedules and plans drawn up by him.

8

Clause 27.2.3

of Section 8

184 A Provisional Acceptance Certificate (PAC) shall be issued after

successful completion of Prototype tests in accordance with clause

5.6 of PS-5. PAC shall not be construed as a taking over certificate;

however series production of locomotives may be commenced after

issue of PAC in terms of Clause 5.6.1 of PS-5.

VOLUME III

9

Clause 13.6

of PS-2 (Vol

III)

80 In case, a locomotive is delayed in maintenance, owing to non-

availability of material, penalties Damages would be payable equal to

5% (five percent) of the price of the Spare for each day of delay, or

part thereof, until that Spare is supplied. In the event that any delay

hereunder shall cause delay in making available a Locomotive, the

delay in supply hereunder shall be deemed as Non-Available Hours.

10

Appendix

C1-2,

Section A

Srl. No. 21

(Vol III)

150 Gear Wheel Condition Assessment Gauge – Spectrographic.

11

Clause 4.12.2

of PS-4

630 All spares and consumables required for any and all Unscheduled

Maintenance, shall form part of Maintenance Obligations and shall be

undertaken by of the Contractor and at its own cost/ and expense for the

same shall be borne by the Contractor, except in cases where the need for

such Unscheduled Maintenance has arisen on account of negligence of

Employer staff, accidents, vandalism, arson, riots or natural calamities.

12

Clause 5.6.1

of PS-5 (Vol

III)

637 Type tests and other tests required to be conducted on Prototype

Locomotives shall be carried out on the first three locomotives. All

tests listed in IEC 61133, whether mandatory or optional shall be

carried out. Series production should not commence until Final

Provisional Acceptance Certificate is issued by the Engineer after

being satisfied with the results of all type tests and routine tests which

were conducted on the Prototype Locomotives and their sub-

assemblies. However, in case any modifications/changes are required

to be incorporated in the Prototype Locomotives based on Service

Trials, these modifications/changes shall be incorporated in all the

Prototype Locomotives and locomotives under series

production/produced at the cost and expense of the Contractor.

13 Clause 6.18 666 The Contractor shall provide a scheme for up gradation of axle load

of 30

of PS-6 from 22.5 tonnes to 25 tonnes, weight from 135 tonnes to 150 tonnes

and operating speed from 100 Km/h to 120 Km/h as part of Design

Package. However, the Contractor would supply, ballast weights (and

kits if any) for upgradation of axle load from 22.5 tonne to 25 tonne

for 3 prototype locomotives.

--------