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

Contract Award Notice ID IPD-19-7822B
Publish Date 24-Sep-2021
Category Infrastructure
Agency Transport for NSW (Legacy Transport Infrastructure Projects)
Particulars of the goods or services to be provided under this contract

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

This contract has since been varied.

Contract Duration 23-Jul-2021 to 1-Dec-2043

Contract Award Notice Details

Contractor Name Alstom Transport Australia Pty Ltd
ACN 165157451
ABN 68 165 157 451
Is an Aboriginal or Torres Strait Islander owned business No
Street Address 16-20 Giffnock Avenue
Town/City Macquarie Park
State/Territory NSW
Postcode 2113
Country AUSTRALIA


Related RFT ID
IPD-19-7822


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

Ultimate Parent Company: Alstom Holdings (347 951 238 RCS Bobigny) of 48 rue Albert Dhalenne - 93400 St Ouen-sur-Seine, France

Estimated amount payable to the contractor (including GST)

$53,904,120.00 (A project to be undertaken)

Amended estimated amount payable to the contractor (including GST)

$89,296,988.57 (A project to be undertaken)

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

Not Applicable

Method of Tendering

Multi-Stage

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

Clause 15.3 - Extension of Time

Clause 15.6 – Compensation Event

Clause 29.5 – Set off

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

Schedule 11 – Fee Adjustments & Pain / Gainshare

Options for:

  • Digital Engineering Services
  • ULXs
  • System Integration Testing (T&M)
Description of any provisions under which the contract may be renegotiated

Not Applicable


Summary of the criteria against which the various tenders were assessed

Evaluation Criteria Weighting

Delivery Approach

• Demonstrates an effective delivery approach and program that is credible and ensures certainty in delivery.

• Proposed methodology meets the Program Objectives, demonstrates robust risk mitigation, and reflects a collaborative approach to coordinating the Works with the Program’s stakeholders and Other Contractors of the Digital Systems Program with the ability to respond to change.

• Demonstrates an effective approach to achieving successful delivery of the Contractor’s Activities with respect to safety, environmental, sustainability, community liaison, workforce development and industry participation.

• Demonstrates ability to successfully and collaboratively deliver the Works by providing an effective project organisational structure comprising Key People with the right capability and capacity.

Risk Adjusted Whole of Life Price

• The Proponent’s proposed whole of life price taking into account quantifiable relative difference in scope, commercial risks and impacts to TfNSW.

• Reasonableness of proposed qualifications and potential impact of those qualifications.

Technical Solution and Technology Roadmap

• Presents a technical solution that achieves the functionalities, interfaces, interdependencies, interoperability and operational benefits to meet the Program Objectives and is adaptable to network change.

• The Proponent’s Trackside solution reflects TfNSW’s future transport vision by delivering a roadmap that enhances future capabilities, interfaces with other systems and integrates TfNSW into a global system of users.

Through Life Support Solution

• The Proponent’s TLS methodology demonstrates a long term approach to successfully support the Trackside solution to achieve the performance outcomes as required by the specification, work collaboratively with Sydney Trains and enhance the future performance of the system.

• Demonstrates an effective approach to achieving successful TLS with respect to safety, environmental, sustainability, community liaison, workforce development and industry participation.

• The Proponent’s organisational arrangement and TLS organisational chart demonstrates the capability and effectiveness required to support the system over its life, including day-to-day support and longer term initiatives and research and development.

Contract Contains Agency 'PiggyBack' Clause

Yes


Industrial Relations Details for this Contract
Name of Sub-contractors (incl. ABN & ACN)

Not Applicable

Applicable Industrial Instruments

Not Applicable

Location of Work

Not Applicable

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

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

State/Territory NSW

Country AUSTRALIA

Other Information

TfNSW Agreement has an original contract price of $51,228,003.23 (excl.GST).

This contract has been varied.

  • Variation 01: an additional $205,027.36 (excl. GST)
  • Variation 02: an additional $1,247,388.34 (excl. GST)
  • Variation 03: an additional $284,481.63 (excl. GST)
  • Variation 04: an addtiional $930,690.40 (excl. GST)
  • Variation 05: an additional $463,287.51 (excl. GST)
  • Variation 06: an additional $153,745.03 (excl. GST)
  • Variation 07: an additional $72,028.33 (excl. GST)
  • Variation 08: an additional $451,023.71 (excl. GST)
  • Variation 09: an additional $306,046.44 (excl. GST)
  • Variation 10: an additional $1,017,076.77 (excl. GST)
  • Variation 10a: an additional $750,000 (excl. GST)
  • Variation 11: an additional $18,760.51 (excl. GST)
  • Variation 12: an additional $47,961.01 (excl. GST)
  • Variation 13: an additional $64,197.80 (excl. GST)
  • Variation 14: an additional $439,413.28 (excl. GST)
  • Variation 15: an additional $76,920.06 (excl. GST)
  • Variation 16: an additional $500,000 (excl. GST)
  • Variation 17: an additional $400,000 (excl. GST)
  • Variation 18: an additional $3,735,897.80 (excl. GST)
  • Variation 19: an additional $276,460.05 (excl. GST)
  • Variation 20: an additional $3,418,414.10 (excl. GST)
  • Variation 21: N/A
  • Variation 22: an additional $329,963.63 (excl. GST)
  • Variation 23: N/A
  • Variation 24 an additional $4,255,349.63 (excl. GST)
  • Variation 25: an additional $561,740.83 (excl. GST)
  • Variation 26: an additional $262,496.40 (excl. GST)
  • Variation 27: an additional $985,739.38 (excl. GST)
  • Variation 28: an additional $975,553.00 (excl. GST)
  • Variation 29: an additional $775,502.00 (excl. GST)
  • Variation 30: an additional $283,486.36 (excl. GST)
  • Variation 31: an additional $269,669.89 (excl. GST)
  • Variation 32: an additional $996,032.65 (excl. GST)
  • Variation 33: an additional $218,657.09 (excl. GST)
  • Variation 34: an additional $11,097.60 (excl. GST)
  • Variation 35: an additional $46,685.70 (excl. GST)
  • Variation 36: N/A
  • Variation 37: an additional $5,120,283 (excl. GST)

The disclosed contract value represents the contract price plus an additional 10% for GST. This value may be overstated if GST does not apply to all parts of the contract.


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

Not Applicable

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

Not Applicable

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

Not Applicable

The components and quantum of the public sector comparator if used

Not Applicable

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

Not Applicable

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

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

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

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

Not Applicable

Particulars of any other key elements of the contract

Not Applicable

A web site address which provides direct access to the complete contract less confidential information
Has the contract or any provisions within it been withheld from this disclosure under the exemptions provisions of the GIPA Act Section 32? (YES or NO)
Yes
If yes to the above, what are the reasons why the contract, or provisions therein, have not been provided?

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

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

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

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

  • 3(a) personal information
  • 3(b) Information Protection Principles (IPPs)
  • 2 Responsible and effective government
  • 4 Business interests
If yes to the above, is it intended that the contract or those provisions be published at a later date, and if so, when?

No

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

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