Tender # C-015-15; Appointment of Freight and Network Operations & Maintenance Partner

Attention:

To whom it may concern

Date:

21.06.2015

From:

Oman Rail Company SAOC

Our
Reference:

Tender # C-015-15; Appointment of Freight and Network Operations & Maintenance

Partner

Dear Sir,
Oman Rail Company SAOC, (Oman Rail) invites Tenderer to Tender for the Services in accordance with
the terms and conditions set down in the Tender Documents. If you are a successful Tenderer you shall
be required to enter into a Contract in accordance with the Form of Agreement.
The Tender Documents shall comprise the following Sections:
T1

Invitation to Tender (this letter including the pages attached hereto)

T2

Instructions to Tenderers

T3

Data to be submitted by Tenderer

T4

Key Legal Terms

T5

Scope of Services

T6

Technical Standards & Specifications

T7

ICV Specifications

T8

QHSSE Requirements

Only section T1 is provided; Other documents will be issued to interested Tenderers that pay the Tender
fee and submit the confirmation of payment of the Tender Fee along with the Tenderer Data Sheet
(Appendix 1) and the Confidentiality Declaration (Appendix 2).
In the preparation and submission of the Tender, Tenderer shall comply with the Tender Documents.
Oman Rail reserves the right to disqualify the Tenderer if any of the requirements included in the Tender
Documents are not met.
Yours faithfully,

For Oman Rail Company SAOC

Section T1, Invitation To Tender

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Tender # C-015-15; Appointment of Freight and Network Operations & Maintenance Partner

Oman Rail Company SAOC

Tender Number: C-015-15

Title of Tender Appointment of Freight and Network Operations
& Maintenance Partner

T1, INVITATION TO TENDER

Section T1, Invitation To Tender

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Tender # C-015-15; Appointment of Freight and Network Operations & Maintenance Partner

Contents
1.0
1.1
1.2
1.3
2.0
2.1
2.2
2.3
2.4
2.5
3.0
3.1
3.2
3.3

TERMS OF TENDER AND TENDER OVERVIEW .................................................................. 4

TERMS OF TENDER .................................................................................................................... 4
ABOUT OMAN RAIL PROJECT ....................................................................................................... 4
MINIMUM REQUIREMENTS TO PARTICIPATE IN THE TENDER ................................................................. 4
SUMMARY OF THE SCOPE OF SERVICES .......................................................................... 5
GENERAL GUIDELINES ................................................................................................................ 5
PHASE 1: PRE-OPERATIONS PHASE ............................................................................................... 5
PHASE 2: START-UP OPERATIONS PHASE ........................................................................................ 7
PHASE 3: STEADY-STATE OPERATIONS PHASE .................................................................................. 9
CONTINUOUS ACTIVITIES .......................................................................................................... 10
REQUIREMENTS TO COLLECT TENDER DOCUMENT ....................................................... 10
TENDERER DETAILS SHEET........................................................................................................ 10
TENDER FEE .......................................................................................................................... 10
CONFIDENTIALITY DECLARATION ................................................................................................ 11

4.0

OMAN RAIL CONTACT POINT ......................................................................................... 11

5.0

TENDER COLLECTION .................................................................................................... 11

6.0

TENDER BOND................................................................................................................ 11

7.0

TENDER PROCESS .......................................................................................................... 11

7.1
7.2
8.0

OVERALL TENDER PROCESS ....................................................................................................... 11

TENDER PROCESS SCHEDULE ..................................................................................................... 12
TENDER AWARD ............................................................................................................. 12

APPENDIX 1 TENDERER DETAILS FOR THIS TENDER .......................................................... 13

APPENDIX 2 CONFIDENTIALITY DECLARATION .................................................................. 14

Section T1, Invitation To Tender

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Tender # C-015-15; Appointment of Freight and Network Operations & Maintenance Partner

1.0

Terms of Tender and Tender Overview

1.1

Terms of Tender

1.1.1

The tendering conditions applicable to this Tender Process are detailed in Sections from T1 to
T8. Sections T2-T8 will only be available with the complete Tender Documents following the
fulfilment of requirements to collect the Tender Documents, including payment of Tender fee
and filling the Annexes attached hereto.

1.2

About Oman Rail Project

1.2.1

Oman has ongoing and planned large scale infrastructure projects including the development of
a railway network for mixed freight and passenger operations with future plans for building a
high speed rail.

1.2.2

The planned Oman Rail Project will span over 2,135 km and will connect Oman's major ports
and industrial areas with the country's mineral deposits and oil reserves. In addition, the rail
connects Oman to the region through the GCC rail network.

1.2.3

The new railway network will generate economic, social and environmental benefits for the
Sultanate. It offers a unique opportunity for the country to enhance its local capabilities and
industrial activities as well as develop its logistics sector.

1.2.4

The railway network can contribute substantially to the socio-economic wealth of the country by
enabling an increased In Country Value (ICV).

1.2.5

Oman Rail is a government funded company established in 2014 and responsible for the
development of the railway network in the Sultanate of Oman which aims to become a major
logistics hub in the region and worldwide.

1.2.6

The railway network is the cornerstone of achieving Oman's logistics vision which the
government is determined to achieve.

1.2.7

To ensure high level of railway expertise and world-class operations, Oman Rail is looking to
partner with an international rail operator ("O&M Partner") to initially support in setting up the
framework for running the railway operations. In addition, the O&M Partner is expected to
support staff development and building up local capabilities. Once the railway network is built
(or segments of it), the O&M Partner will be responsible for freight and network operations and
maintenance services.

1.3

Minimum Requirements to Participate in the Tender

1.3.1

Following is a brief description of the minimum eligible experience to participate in the Tender:
a)
b)
c)

Minimum of 5 years of experience in railway freight operations and maintenance

Minimum of 5 years of experience in freight terminal operations and maintenance
Minimum of 5 years of experience in network management (mixed freight and passenger)

1.3.2

No affiliate of the Tenderer shall be eligible to Tender or participate in the Tender in any
capacity whatsoever unless it can be demonstrated that there is no significant degree of
common ownership, influence or control amongst the Tenderer and the affiliate. This may also
include Approved Registration requirements with Oman Rail.

1.3.3

There should be no conflict of interest arising in connection with Royal Decree no. 39/1982
or/and this Tender. Tenderer should assure that the submission the Tender is not directly or
indirectly submitted by any employee of Oman Rail, their spouse or any second degree relatives
In line with Article 6 of The Tender Law. This may also include Approved Registration
requirements with Oman Rail.

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Tender # C-015-15; Appointment of Freight and Network Operations & Maintenance Partner

2.0

Summary of the Scope of Services

2.1

General Guidelines

2.1.1

The scope of services of the O&M Partner is defined along three different phases, namely: preoperations, start-up operations and steady-state operations.

2.1.2

The O&M Partner shall provide personnel and know-how for each phase of the contract to
ensure the performing of the following activities:
a)
b)
c)

2.1.3

In addition to the above mentioned activities, the O&M Partner shall ensure that the following
activities are successfully implemented throughout all three phases. These activities include, but
are not limited to, the following:
a)
b)

2.2

Railway freight operations and maintenance

Terminal operations and maintenance
Railway network management and maintenance

Staff development
Development of support functions to enable the delivery of rail operations

Phase 1: Pre-Operations Phase

The core task of the O&M Partner in this phase is to ensure the operational readiness for the
start of operations, meaning that all operational procedures, documents, approvals and required
staff are in place. The activities to be carried out by the O&M Partner during this phase include,
but are not limited to, the following:

2.2.1

Railway freight operations and maintenance

a)

Operational review of the components of the network design:

i)
ii)
iii)
iv)
v)

b)

The service requirements (yard operations, terminal operations, train schedules,

customer switching, timetable development);
The operating strategy based on the demand analysis provided by Oman Rail;
The classification yards;
The rolling stock maintenance facilities;
The rolling stock requirements based on the demand analysis provided by Oman Rail.

Railway freight operations

i)

Develop the operating manual in accordance with both international standards and
GCC common guidelines;
ii) Develop pre-operational service plans;
iii) Receive the necessary approvals from all relevant regulatory authorities and obtain all
required licenses for the railway freight operations;
iv) Develop a safety management system that is fully compliant with the applicable rail
safety legislation;
v) Participate in the planning phase for the installation of the European Rail Traffic
Management System (ERTMS);
vi) Develop the business emergency, business continuity, and resumption plans for the
railway freight operations:
vii) Ensure the provision of all required insurances and professional indemnities in
accordance with Oman Rail's overall insurance provision;
viii) Perform testing and commissioning of new segments of the network;
ix) Perform Trial Operations in accordance to the Trial Operations Plan to ensure the
rolling stock is efficiently and safely running on different segments of the network
before the start-up operations phase
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Tender # C-015-15; Appointment of Freight and Network Operations & Maintenance Partner

x)

Develop and execute operating and commercial agreements with other railway
operators including development of crewing schedules;
xi) Develop a manpower utilization plan (including required number of crew members and
service hours and shifts);
xii) Prepare a mobilization plan ensuring on-time launch of operations.
c)

Rolling stock maintenance

i)
ii)

iii)
iv)
v)
vi)

2.2.2

Develop rolling stock maintenance standards in accordance with the GCC common
guidelines, AAR and any other relevant regulatory authorities requirements;
Develop the rolling stock procurement procedure and maintenance strategy on both a
preventive and corrective basis in accordance to international standards and any
applicable regulatory requirements;
Develop, maintain and operate an Asset Management System ;
Develop the maintenance facilities maintenance plan;
Ensure the maintenance facilities design meets operational requirements
Perform testing and commissioning of newly purchased rolling stock and maintenance
equipment before start of operations.

Terminal operations and maintenance

a)

Operational review of the terminal design:

i)
ii)
iii)

b)

Terminal design for the each type of freight;

The track layout in the terminals and alignment of track corridors;
Necessary loading/unloading equipment and facilities.

Terminal operations
i)

Define and align terminal operating procedures and plan to be undertaken for the
start-up and steady-state operation phases;
ii) Develop pre-operational service plans;
iii) Receive necessary approvals from all relevant regulatory authorities and obtain all
required licenses for the terminal operations;
iv) Develop a safety management system specific to terminal operations that is fully
compliant with the applicable rail safety legislation;
v) Develop the business emergency, business continuity, and resumption plans for the
terminal operations;
vi) Ensure the provision of all required insurances and professional indemnities in
accordance with Oman Rail's overall insurance provision;
vii) Perform testing and commissioning of new terminals;
viii) Develop and execute operating and commercial agreements with other railway
operators including development of crewing schedules;
ix) Develop a manpower utilization plan (including required number of crew members and
service hours and shifts);
x) Prepare a mobilization plan ensuring on-time launch of operations.
c)

Terminal maintenance
i)
ii)
iii)

Develop the terminal equipment procurement plan (cranes, unloading facilities. etc.)
and terminal maintenance/yellow plant plan on both a preventive and corrective basis;
Ensure the terminal design meets operational requirements;
Develop, maintain and operate an Asset Management System;

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Tender # C-015-15; Appointment of Freight and Network Operations & Maintenance Partner

iv)

2.2.3

Perform testing and commissioning of newly purchased and installed terminal

equipment, track components, signalling systems and maintenance/yellow plant
equipment before making them available for operations.

Railway network management and maintenance

a)

Operational review of the components of the network design:

i)
ii)
iii)

b)

The Operation Control Center (OCC);

The track layout;
The infrastructure maintenance/yellow plant maintenance and equipment.

Railway network management

i)

Develop a safety management system that is fully compliant with the applicable rail
safety legislation;
ii) Receive the necessary approvals from all relevant regulatory authorities and obtain all
required licenses for the network management;
iii) Develop the business emergency, business continuity, and resumption plans for the
network management;
iv) Ensure the provision of all required insurances and professional indemnities in
accordance with Oman Rail's overall insurance provision;
v) Participate in the planning phase for the installation of the European Rail Traffic
Management System (ERTMS);
vi) Provide technical expertise on the integration of the passenger railway services into
freight operations, if required;
vii) Develop and ensure operability of the operation control centre (OCC) to support
freight operations and infrastructure maintenance services;
viii) Develop the rules and procedures for third party access to the rail network
ix) Prepare a mobilization plan ensuring on-time launch of operations.
c)

Infrastructure maintenance
i)
ii)
iii)
iv)
v)
vi)

2.3

Develop infrastructure maintenance/yellow plant standards in accordance with the

GCC common guidelines, AREMA and any other relevant regulatory requirements;
Develop the infrastructure procurement plan and maintenance/yellow plant plan on
both a preventive and corrective basis;
Develop, maintain and operate an Asset Management System;
Develop the infrastructure maintenance/yellow plant facilities maintenance plan;
Ensure the infrastructure maintenance/yellow plant facilities design meets operational
requirements;
Perform testing and commissioning of newly purchased and installed track
components, signaling systems and infrastructure maintenance equipment before
making them available for operations.

Phase 2: Start-up Operations Phase

During the start-up operations phase, the O&M Partner is responsible for running the initial
freight operations and network management and ramping up the required personnel. The O&M
Partner needs to ensure the delivery of the services including, but not limited to, the following:

2.3.1

Railway freight operations and maintenance

a)

Customer on boarding and commercial operation

i)

Commercially engage with previously identified potential customers;

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Tender # C-015-15; Appointment of Freight and Network Operations & Maintenance Partner

ii)

iii)

b)

Railway freight operations

i)
ii)
iii)
iv)

c)

Operate freight trains and ensure efficient and safe operations;

Ensure efficient vehicle rotations and use of rolling stock and other railway assets to
safeguard the fulfilment of key business objectives;
Implement a continuous improvement process to update, modify and adapt the plans
developed in the pre-operation phase;
Implement and maintain the developed Safety Management System.

Rolling stock maintenance

i)
ii)
iii)

iv)
v)
vi)

2.3.2

Provide support in identifying new potential customers for the railway operations in
cooperation with Oman ports, free zones, airlines, logistics players, development
agencies
Provide customer on-boarding for safety, loading, dispatching, visibility, invoicing,
insurance and EDI interfacing;

Perform, supervise and/or manage preventive and corrective maintenance services for
the rolling stock in accordance to the rolling stock maintenance plan;
Perform, supervise and/or manage the rolling stock repairs and enhancement works in
accordance to the maintenance plan and the asset management strategy;
Perform, supervise and/or manage the procurement and storage of spare parts and
materials required for the rolling stock maintenance services in accordance with the
maintenance plan and the asset management strategy;
Develop and implement an asset disposal strategic plan to minimize the environmental
impact of operations waste and maximize financial return;
Ensure the maintenance facilities design meets operational requirements;
Perform testing and commissioning of newly purchased rolling stock and maintenance
facilities before making it available for operations.

Terminal operations and maintenance

a)

Terminal operations
i)

Run the terminal operations in accordance with the terminal operating procedures and
safety plan;
ii) Operate freight trains in the terminals and ensure efficient and safe operations;
iii) Circulate and ensure efficient implementation of all developed plans and obtained
management systems;
iv) Implement a continuous improvement process to update, modify and adapt the plans
developed in the pre-operation phase;
v) Ensure terminal system integration with freight customer systems;
vi) Assist Oman Rail and the contractor with the testing and commissioning of new
terminals;
vii) Develop and execute operating and commercial agreements with other railway
operators including development of crewing schedules.
b)

Terminal maintenance
i)

Perform, supervise and/or manage preventive and corrective maintenance/yellow

plant services for the terminal infrastructure, maintenance/yellow plant equipment,
signalling and communication systems in terminals in accordance to the infrastructure
maintenance plan;

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Tender # C-015-15; Appointment of Freight and Network Operations & Maintenance Partner

ii)

iii)

iv)
v)
2.3.3

Perform, supervise and/or manage the terminal infrastructure repairs and

enhancement works in accordance to the maintenance plan and the asset
management strategy;
Perform, supervise and/or manage the procurement and storage of spare parts and
materials required for the terminal infrastructure/yellow plant maintenance in
accordance with the maintenance plan and the asset management strategy;
Develop and implement an asset disposal strategic plan to minimize the environmental
impact of operations waste and maximize financial return;
Ensure the terminal design meets operational requirements.

Railway network management and maintenance

a)

Railway network management

i)
ii)
iii)

b)

Operate and manage the railway network in accordance to the Rail Network
Management Plan and the network safety policy;
Implement and maintain the developed safety management system;
Control and manage the railway network incidents in accordance with the business
emergency, business continuity and resumption plans.

Infrastructure maintenance
i)

Perform, supervise and/or manage the maintenance of infrastructure

maintenance/yellow plant facilities and equipment;
ii) Ensure the infrastructure maintenance/yellow plant facilities design meets operational
requirements;
iii) Perform, supervise and/or manage preventive and corrective maintenance services for
the infrastructure, tracks, maintenance equipment, signalling and communication
systems in accordance to the infrastructure/yellow plant maintenance plan;
iv) Perform, supervise and/or manage the infrastructure repairs and enhancement works
in accordance to the maintenance/yellow plant plan and the asset management
strategy;
v) Perform, supervise and/or manage the procurement and storage of spare parts and
materials required for the infrastructure maintenance/yellow plant services in
accordance to the maintenance plan and the asset management strategy;
vi) Develop and implement an asset disposal strategic plan to minimize the environmental
impact of operations waste and maximize financial return;
vii) Support Oman Rail in testing and commissioning of newly purchased and installed
track components, signalling systems and maintenance/yellow plant equipment before
making them available for operations.

2.4

Phase 3: Steady-state Operations Phase

In this phase, the O&M Partner needs to ensure efficient and profitable operations of the freight
trains, the railway network and the terminals as well as timely and efficient maintenance of the
rolling stock, terminals and the infrastructure. For this purpose, the O&M Partner shall ensure
efficient and effective delivery of the services listed in the start-up operations phase.
In addition, the O&M Partner is required to prepare and to ensure successful disengagement
and handover by means of gradual decrease of the O&M Partner's staff and build up the Oman
Rail team. This includes, but is not limited to, the following:

Section T1, Invitation To Tender

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Tender # C-015-15; Appointment of Freight and Network Operations & Maintenance Partner

2.4.1

Transition management
a)
b)

2.4.2

Handover
a)

2.5

Develop a transition timeline

Define and implement a disengagement plan detailing all the activities to be undertaken
prior to, during and immediately following the period of transition between the O&M
Partner and the Oman Rail

Develop the handover package (incl. licenses, certifications, IT systems, specialized tools,
management systems, etc.) ensuring that service continuity can be maintained after the
transition period

Continuous activities
The O&M Partner shall ensure that the following activities are successfully implemented
throughout all the phases. These activities include, but are not limited to, the following:

2.5.1

Staff development
a)
b)
c)
d)
e)

2.5.2

Prepare a staff development plan and staff build-up matrix

Provide trainings as per requirements specified by the Oman Rail
Develop a performance management strategy based on the performance management
guidelines of Oman Rail
Plan and provide short-term training for selected employees in other established O&M
Partner's operations
Ensure sufficient level of Omanisation for the operations start-up for selected positions

General support functions

a)
b)
c)
d)
e)

Provide rail expertise and support human resources activities

Support financial and accounting functions
Provide rail expertise and support IT infrastructure and IT management systems for
operations and commercial activities
Provide rail expertise and support procurement activities to ensure an efficient acquisition
of required supplies and services
Provide rail expertise in legal counsel to handle legal matters

3.0

Requirements to Collect Tender Document

3.1

Tenderer Details Sheet

3.1.1

In order to correctly identify the Tenderer and the Tenderers point of contact for this Tender
Process, Appendix 1 shall be completed by the Tenderer and presented, by hand or scanned
and forwarded via email, to the Contract Section before the Tender Documents can be released
to the Tenderer.

3.2

Tender Fee

3.2.1

The Tender Fee for this Tender is OMR 1500.000

3.2.2

A cheque with the above mentioned value in favour of Oman Rail Company and identifying the
Tenderers' name and the Tender number (e.g. "Company Name" deposit for Tender C-015-15)
must be presented, by hand, to the Contract Section before the Tender Documents can be
released to the Tenderer.
Or,

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Tender # C-015-15; Appointment of Freight and Network Operations & Maintenance Partner

3.2.3

Deposit a non-refundable Tender Fee into the Oman Rail bank account:
Beneficiary
: Oman Rail Company
Bank Name

: Meethaq Islamic Banking

Branch

: Al Khwair-0625

Swift Code

: BMUSOMRXISL

Account No.

: 0625040639900018

Currency

: OMR

3.2.4

A receipt confirming deposit and identifying the Tenderers' name and the Tender number must
be presented, by hand or scanned and forwarded via email, to the Contract Section before the
Tender Documents can be released to the Tenderer.

3.3

Confidentiality Declaration

3.3.1

Upon receipt of this Invitation to Tender, the Tenderer shall sign the attached Confidentiality
Declaration (Appendix 2). The Confidentiality Declaration must be completed, signed by an
authorised person, stamped with the Tenderer's company stamp and presented by hand or
scanned and forwarded via email, to the Oman Rail Contract Section.

4.0

Oman Rail Contact Point

4.1.1

All communication with Oman Rail shall be through Clarification Requests, in writing and
addressed through the official e-mail of the Oman Rail Contract Section tenders@omanrail.om.
No Clarification Requests shall be entertained after the Clarification Request Closing Date
included in the table in Article 7 below.

5.0

Tender Collection

5.1.1

Once the Requirements to Collect Tender Documents requested in Article 3 have been fulfilled,
Tender Documents shall be available for collection starting the date specified in the Tender
process schedule in Article 7.2 below. Once the Tender Documents are available, they will be
sent to the Tenderers via email through the assigned Contact Point specified in Appendix 1.

6.0

Tender Bond

6.1.1

To ensure conformance of the Tender, the Oman Rail requires the Tenderer to issue a Tender
Bond in the exact format detailed in Section T2. The value of this Tender Bond shall be
indicated in Section T2. The Tender Bond shall be forwarded to Oman Rail as part of the
Commercial Tender under a separate cover. The Tender Bond shall be enforced in the event
that Tenderer fails to submit and substantiate a conforming tender or has failed to accept award
of the contract.

7.0

Tender Process

7.1

Overall Tender Process

7.1.1

The tender is an open tender allowing all interested parties satisfying the minimum
requirements to participate in the tender to bid.

7.1.2

The tender process comprises two stages: the Technical Tender for all Tenderers and the
Commercial Tender for technically qualified Tenderers.

7.1.3

As part of the Technical Tender stage, all Tenderers will be invited for a site visit. This visit
allows Tenderers to get familiarized with Oman and to meet selected key potential customers.

7.1.4

The Tenderers shall then submit their Technical Proposal upon which they will be assessed and
technically qualified based on pre-defined technical evaluation criteria.

7.1.5

All Tenderers that are shortlisted following Oman Rails evaluation of Technical Proposals will be
invited to meetings to discuss the commercial structure

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Tender # C-015-15; Appointment of Freight and Network Operations & Maintenance Partner

7.1.6

Following these meetings Oman Rail will issue the recommended commercial structure on which
Tenderers Commercial Proposals should be based.

7.1.7

Commercial Proposals will then be submitted by Tenderers and evaluated by Oman Rail, and
the contract will be awarded to the successful Tenderer

7.2

Tender Process schedule

Table 1: Tender process schedule
Activity

Date

Issue of T1 (Invitation to Tender)

21/06/2015

Tender Documents available for collection

21/06/2015

Final Date for Collection of Tender Documents

06/07/2015

Site Visits

02/08/2015 04/08/2015

Clarification Request Closing Date

10/08/2015

Technical Tender Submission Date

24/08/2015

Commercial Tender Submission Date

To be assigned

Technical and Commercial Proposals are to be submitted by 2.00 PM on or before the Technical
Tender Submission Date and the Commercial Tender Submission Date.

8.0

Tender Award

8.1.1

Oman Rail may subject the Preferred Tenderer to a further technical and commercial evaluation
if deemed necessary before the Contract award. Oman Rail will award the Contract to the
successful Tenderer only when it satisfies all technical, financial and commercial requirements.

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Tender # C-015-15; Appointment of Freight and Network Operations & Maintenance Partner

Appendix 1 Tenderer Details for this Tender

Contract/Tender number

C-015-15

Contract/Tender title

Appointment of Freight and Network Operations & Maintenance Partner

Full name of Tenderer

Postal Address
City
Country
Web site
Office main tel. number
Country of registration
Status in Oman

Agent/locally registered branch office/Omani LLC/foreign company

Ownership details

- XX% -

(percentages and names,

indicate where Omani)

- XX% - XX% -

Tenderers representative to whom all Tender correspondence shall be addressed

Name of person
Fax number
Telephone number
Mobile number
E-mail address
Tenderers agent in Oman (if applicable)
Omani agent name
Postal address
Fax number
Telephone number
Mobile number
E-mail address
Our Omani agent is
permitted to pick up the
tender documents on our
behalf

Yes
No, we will pick up the documents ourselves.
No, please send the documents to my foreign address stated above.

Tender fee is paid and receipt attached:

Tender Documents Received By:

Signature
ID Card No....

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Appendix 2 Confidentiality Declaration

1.0

Confidentiality Declaration
The undersigned (The 'Tenderer') having its principal
office in ................................................................. hereby declares vis--vis Oman Rail
Company SAOC (Oman Rail), P.O. Box 470, PC 115 Muscat, Sultanate of Oman to accept the
following terms and conditions on which Oman Rail is prepared to communicate to the Tenderer
certain Confidential Information pertaining to the Work under the above mentioned Tender as
hereinafter defined.

1.1

Definitions

1.1.1

Confidential Information
Shall mean all knowledge, data or information acquired by Tenderer from, or disclosed to
Tenderer by Oman Rail, or on behalf of Oman Rail, in connection with the Tender Documents,
Clarifications and the Tender Process in writing, drawings, magnetic tapes, computer programs
or in any other way, as well as all knowledge, data or information derived there from, to the
extent that such knowledge, data or information at the time of such acquisition or disclosure is
not either already in the unrestricted possession of Tenderer or part of public knowledge or
literature.

1.1.2

Confidential Record
Shall mean all Tender Documents, Clarifications and any other material containing Confidential
Information.

1.1.3

Third Party
Shall mean any party other than Oman Rail or Tenderer.

1.2

Confidentiality

1.2.1

Tenderer shall preserve and ensure that its employees preserve the confidentiality of any
Confidential Information provided by Oman Rail.

1.2.2

Tenderer shall not for any purpose other than the preparation and submission of a Tender
a) Disclose to any Third Party or enable any Third Party to note the fact that Tenderer has been
invited to submit a Tender and/or, if applicable, the fact that the Contract is awarded to
Tenderer except with the prior written consent of Oman Rail.
b) Reproduce, copy or use, or disclose to, place at the disposal of or use on behalf of any Third
Party or enable any Third Party to read, copy or use, any Confidential Information except
with the prior written consent of Oman Rail.

1.2.3

The undertakings above shall continue insofar and for so long as the Confidential Information or
Confidential Record in question has not:
a) become part of the public knowledge of literature otherwise than through any act or default
on the part of the Tenderer; or
b) been disclosed to the Tenderer under an obligation to maintain secrecy by a Third Party
(other than one disclosing on behalf of Oman Rail) who could lawfully do so and who did
not derive such Confidential Information or Confidential Record from Oman Rail.

1.3

Copyright

1.3.1

The copyright in any Confidential Record shall, in the absence of any express provision to the
contrary thereon, be vested in Oman Rail. Copyright in any record containing geological or
geophysical data acquired or generated by the Tenderer in connection with the Contract shall be
vested in Oman Rail.

1.4

Third Parties

1.4.1

Tenderer shall ensure that if under the terms of this confidentiality agreement any of the
Confidential Information comes to the knowledge and/or in the possession of any Third Party,

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Tender # C-015-15; Appointment of Freight and Network Operations & Maintenance Partner

Tenderer shall require from such Third Party that it shall abide by stipulations equivalent to
those contained in this confidentiality agreement.

1.5

Validity

1.5.1

This Confidentiality Declaration shall be valid for a period of 5 (five) years from the date signed
by the Tenderer.

1.6

Governing Law

1.6.1

This Agreement shall be governed, construed, and enforced in accordance with the laws of the
Sultanate of Oman.
Agreed and accepted this
................... day of ...................................... 2015
And signed by a duly authorized person on behalf of the Tenderer

_______________________________________________
(Signature)
Name:_________________________________________
Position:_______________________________________
For:___________________________________________

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