REQUEST FOR PROPOSAL

Tender No. 2014/E/040

FOR

COAL DUST CONTROL MANAGEMENT ON

THE MIDLAND LINE

RFP 01

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Request for Proposal for Coal Dust Control Management on the Midland Line

TABLE OF CONTENTS
SECTION A – OVERVIEW.............................................................................................. 4
1. INTRODUCTION ..........................................................................................................4
1.1. Purpose of Request for Proposal (“RFP”)..................................................... 4
1.2. Background .................................................................................................. 4
2. DESCRIPTION OF REQUIREMENTS .....................................................................5
2.1. Overview ...................................................................................................... 5
2.2. Scope of services/products .......................................................................... 5
2.3. Outcomes sought from this contract ............................................................. 6
2.4. Project success criteria ................................................................................ 6
2.5. Project specific objectives ............................................................................ 7
SECTION B – THE RFP PROCESS ............................................................................... 8
3. TIMETABLE ..................................................................................................................8
4. COMMUNICATION ......................................................................................................8
4.1. Sole point of contact..................................................................................... 8
4.2. Communication with respondents ................................................................ 8
4.3. RFP questions ............................................................................................. 9
4.4. Site visits by respondents ............................................................................ 9
4.5. Site visits by KiwiRail ................................................................................. 10
4.6. Additional information and clarification ....................................................... 10
5. SUBMISSION OF RESPONSES .............................................................................10
5.1. RFP responses .......................................................................................... 10
5.2. Late tenders ............................................................................................... 12
5.3. Joint proposals ........................................................................................... 12
5.4. Proposal validity ......................................................................................... 12
5.5. Indicative rates/pricing and GST ................................................................ 12
5.6. Tender tags ................................................................................................ 12
5.7. Alternative proposals.................................................................................. 13
6. RFP CONDITIONS ....................................................................................................13
6.1. Rights reserved by KiwiRail........................................................................ 13
6.2. No obligation to discuss ............................................................................. 14
6.3. KiwiRail liability for your information disclosed ........................................... 14
6.4. Clarification of information .......................................................................... 15
6.5. Subject to contract ..................................................................................... 15
6.6. RFP responses complete and accurate...................................................... 15
6.7. Shortlisting and negotiations ...................................................................... 16
6.8. Preferred respondent ................................................................................. 16
6.9. Confidentiality ............................................................................................ 16
6.10. RFP costs .................................................................................................. 17
6.11. Advertising ................................................................................................. 17
6.12. Copyright ................................................................................................... 17
6.13. Governing law ............................................................................................ 17
6.14. Conflict of interest ...................................................................................... 17
6.15. Acceptance of gifts ..................................................................................... 17
7. RFP EVALUATION....................................................................................................18
7.1. Evaluation criteria ...................................................................................... 18
SECTION C – INFORMATION REQUIRED FROM RESPONDENTS ........................... 19

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8. INSTRUCTIONS .........................................................................................................19
9. TENDER FORMAT NON-PRICE ATTRIBUTES ..................................................19
10. CONTACT DETAILS AND COMPANY INFORMATION.....................................20
11. HEALTH AND SAFETY ............................................................................................20
12. COMPANY SYSTEMS ..............................................................................................22
13. FINANCIAL VIABILITY .............................................................................................23
14. RELEVANT EXPERIENCE ......................................................................................24
14.1. General information.................................................................................... 24
14.2. Relevance .................................................................................................. 25
14.3. Currency .................................................................................................... 25
14.4. Scale .......................................................................................................... 25
15. TRACK RECORD ......................................................................................................25
15.1. General information.................................................................................... 26
16. RELEVANT SKILLS ..................................................................................................27
16.1. Practical experience ................................................................................... 28
16.2. Qualification and training ............................................................................ 28
16.3. Focus and commitment .............................................................................. 28
16.4. Curriculum vitae ......................................................................................... 29
17. RESOURCES .............................................................................................................29
17.1. Resource capacity ..................................................................................... 29
17.2. Proposed sub-contracts ............................................................................. 30
17.3. Proposed joint ventures ............................................................................. 30
17.4. Current projects ......................................................................................... 31
18. METHODOLOGY .......................................................................................................31
18.1. General ...................................................................................................... 31
18.2. Specific requirements................................................................................. 31
19. PRICING ......................................................................................................................34
20. PROPOSED CONTRACT.........................................................................................35
21. ASSUMPTIONS .........................................................................................................35
FORM OF RESPONSE ................................................................................................. 36
DECLARATION OF INTEREST .................................................................................... 37
APPENDIX ONE: Supply Agreement ......................................................................... 38

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SECTION A – OVERVIEW

1. INTRODUCTION

1.1. Purpose of Request for Proposal (“RFP”)

KiwiRail Holdings Limited (trading as KiwiRail) invites internal and external

parties to submit their proposals with information on their skills, services and
methodologies in providing the services detailed below (“the Goods/Services”)
to KiwiRail.

The information is requested so that KiwiRail can:

 Identify organisations interested in and capable of delivering these

goods/services; and/or

 Identify different methods of providing such goods/services and a

preferred solution/product.

Following the evaluation of RFP responses, KiwiRail may:

 Enter into negotiations with shortlisted respondent(s); and/or

 Invite shortlisted respondents to take part in a further procurement
process; or conclude the process without awarding any contracts.

This RFP document consists of the following:

 Section A – Overview: Provides background information, instructions

and conditions for responding to this RFP;

 Section B – RFP Process: Sets out the conditions and requirements

of this RFP process, together with the evaluation process and criteria;

 Section C – Information Required from Respondents: Sets out the

information required to be in your RFP response; and

 Appendix One – Form of Contract/Key Commercial Terms.

1.2. Background

KiwiRail is a State Owned Enterprise and the backbone of New Zealand’s

integrated transport network. Our vision is to be a world class mover of freight
and people by rail and ships, and to be the natural choice for our customers in
the markets in which we operate.

KiwiRail has four business units:

 KiwiRail Freight provides rail freight services and locomotives for

passenger services, and operates the heavy workshops that refurbish
and maintain our rolling stock

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 KiwiRail Infrastructure and Engineering maintains and improves the rail

network, controls the operation of trains on the network
 KiwiRail InterIslander operates the ferry passenger and freight services
across Cook Strait
 KiwiRail Passenger provides urban passenger services in Wellington
under contract to the Greater Wellington Regional Council through the
Tranz Metro team, and the Tranz Scenic team operates the long distance
passenger rail services.

Further information is available by visiting www.kiwirail.co.nz.

This RFP is issued by the KiwiRail Infrastructure and Engineering business unit.
KiwiRail transports coal from the West Coast of New Zealand’s South Island on
the Midland Line to the Port of Lyttelton east of Christchurch. A recent report on
working safely in the Otira Tunnel (which is on the Midland Line) found that the
loss of coal dust from the open top coal wagons was causing a safety hazard in
the tunnel and a maintenance issue for the track and ballast. Therefore one of
the recommendations from the report was to investigate covering the coal
wagons.

2. DESCRIPTION OF REQUIREMENTS

2.1. Overview

KiwiRail’s Coal Dust Control Management on the Midland Line Project

(“Project”) is for the potential supplier to design, build, install and commission a
covering solution to prevent fugitive coal loss from the KiwiRail coal wagon fleet.

2.2. Scope of services/products

The scope of work is to design, build, install and commission a covering solution
that will fit each wagon class and accommodate three different loading
methods, hoppers, conveyors and wheel loaders. Operation of the covering
solution must be from ground level and automated.

The Project will have these key phases:

• Design phase including a design review and acceptance;

• Trial phase where each wagon class will have a cover solution installed,
field tested and accepted by KiwiRail;

• Fleet rollout phase with the installation and commissioning of the covering
solution to the balance of the coal wagon fleet at KiwiRail’s Dunedin
heavy lift facility.

• In addition, infrastructure for access and maintenance purposes, asset

management installed at KiwiRail’s Christchurch facilities. Management
and training support will also be required for the covering solution in the
Christchurch facilities and on the West Coast.

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2.3. Outcomes sought from this contract

When completed, this Project should deliver the following benefits to KiwiRail:

1. Improved round trip fuel efficiency due to reduced aerodynamic drag.

2. Decreased coal dust being deposited on the track infrastructure with a
consequent reduction in renewals.
3. Decreased coal dust loss experienced by the customer.
4. Reduced expenditure on ballast cleaning and renewals.
5. Reduced level of coal dust contamination of natural ground water
discharged from the Otira Tunnel.
6. Reduced level of coal dust contamination of ballast cleaning water
discharged from the Otira Tunnel.
7. Reduced coal dust contamination of the Otira Tunnel Western end
sediment ponds which discharge into the Rolleston River.

KiwiRail currently operates three different coal wagon classes on the Midland
Line, a CB fleet of 114 wagons, a CC fleet of 23 wagons and a CE fleet of 147
wagons; in total 284 coal wagons. The details and some photographs are
contained in RFP 02 Specification of this RFP document. The coal wagons are
currently loaded by the customer using two three different methods, a discharge
hopper system where the wagons pass underneath, conveyors and ramp
loading using a front end loader to discharge coal into the wagons. Each wagon
class has different dimensions and in particular different opening sizes; the CB
wagon class has been retrofitted with “hungry boards” for increased capacity.
This situation creates a number of variables with which any covering solution
will need to be compatible.

2.4. Project success criteria

The following success criteria have been developed by KiwiRail in no particular

order of precedence:

 that KiwiRail projects fully comply with all regulatory requirements and are
fit for purpose;

 that stakeholders have a positive perception of the scoping, design and

construction processes and understand the outcome. The stakeholders
are:

o KiwiRail’s customer

o KiwiRail Freight business unit

o KiwiRail Maintenance

o New Zealand Transport Agency - rail regulator

 that key project milestones are met;

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 that operational health and safety hazards are proactively eliminated,

isolated or removed as an integral part of the planning, design and
construction processes;

 that environmental effects are mitigated and managed to comply with any
consent and District Plan requirements;

 that there are no unplanned disruptions to passenger or freight services;

 the project planning, design and construction will be proactively managed

in close coordination with the key stakeholders, including risks and that
KiwiRail will be informed of all issues in a timely manner so that there are
no surprises;

 that the project processes and outcomes create positive public perception;

 that project risk is proactively managed such that it doesn’t adversely

affect the efficiency of, or the programme for, the design and construction
processes;

 that opportunities to improve the efficiency and timing of the planning,

design and construction processes are identified early enough to allow for
the full benefits to be achieved; and

 that the Project is completed on time, within budget and to acceptable

quality standards.

2.5. Project specific objectives

In addition to the Project Success Criteria mentioned in Clause 2.4, specific key
objectives for this Project are:

• Reduce loss of fugitive coal in the Otira Tunnel and on the Midland Line
generally;

• Improve fuel efficiency of coal trains;

• Deliver an asset that performs safely, effectively and efficiently for

KiwiRail and its customers; and

• Deliver an asset that has optimal whole-of-life costs.

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SECTION B – THE RFP PROCESS

3. TIMETABLE

The anticipated timetable for this RFP process is as follows:

Activity Date
Release RFP 8th July 2014
Respondent confirmation of 14th July 2014
attendance at site visit
Site visit by Respondents 29th July 2014 at KiwiRail’s Middleton
Training Room, 258 Annex Road,
Christchurch. Date and time TBC.
RFP questions close 12th August 2014
RFP closes 26th August 2014 at 4pm
RFP evaluation September 2014
Site visits by KiwiRail September 2014 visit Respondent’s
manufacturing facilities during tender
evaluation phase.
Respondents notified of outcome September-October 2014
Contract negotiations October 2014
Contract commencement November 2014

Respondents are to note that this timetable is indicative only, and may be
subject to change at the sole discretion of KiwiRail. Any changes to the
timetable will be notified on GETS by KiwiRail’s Tender Manager.

4. COMMUNICATION

4.1. Sole point of contact

All communications regarding this RFP may only be made to KiwiRail’s

Tender Manager. Other than in accordance with clause 4.2, respondents
must not make any approach to any employees or external advisors to
KiwiRail or directors of KiwiRail with regard to this RFP or the goods/services
to which it applies. Any such attempt may result in disqualification of the
respondent from participating in this RFP.

4.2. Communication with respondents

No communication will be entered into with any of the respondents until after
evaluation is complete, except in the following circumstances:

 Clarification of the RFP document by respondents (only prior to the

prescribed questions closing date); or

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 KiwiRail seeking clarification of submitted proposals.

All communication/correspondence between any respondent and KiwiRail

will be conducted in writing through KiwiRail’s Tender Manager as follows:

KiwiRail Tender Manager

Suresh Damuluri
KiwiRail
P O Box 593
Wellington 6140

E-mail address: tenders@kiwirail.co.nz

KiwiRail will not be bound by any statement, written or verbal made by any
person other than the KiwiRail Tender Manager stated in this section. The
Tender Manager is the only person authorised to make representations or
explanations regarding this RFP document.

4.3. RFP questions

All questions are to be submitted in writing to the Tender Manager as stated

in Section 4.1 of this RFP document. Respondents may submit written
questions to clarify issues relating to the RFP up to the prescribed questions
closing time. Questions and answers which KiwiRail deems are important to
the RFP will be published on the Government Electronic Tender Service
(GETS) website. Any questions received after this time/date may not be
responded to.

4.4. Site visits by respondents

During the tender period, respondents will be invited to attend the

respondents’ combined briefing session and site visit given by KiwiRail in
relation to the RFP. This site visit will take place on or about the dates
prescribed in clause 3 and take place over one day. The proposed venue for
the site visit is the Middleton Training Room, 258 Annex Road, Christchurch.
The site visit will generally cover the following aspects:

 Explanation and clarification of the Project brief.

 View the wagon depot with regards to the maintenance access stand.
 View the three different coal wagon types.
 A brief on the Dunedin heavy lift facility site.
 View coal loading and unloading video clips.
 Questions & answers session for the Respondents.

It is strongly recommended that Respondents have at least one

representative at the briefing and site visit. The maximum number of
attendees from any one organisation allowed will be two persons.

Respondents are required to confirm to the Tender Manager that they will
attend the briefing and site visit, and advise who will be attending from their
organisation, by the date prescribed in clause 3. All personnel attending will

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be required to comply in full with KiwiRail’s Health and Safety Policy in all
respects including the wearing of personal protective equipment/clothing.
These must be worn by all Respondents whilst on KiwiRail land AT ALL
TIMES and include:

 High visibility vests;

 Lace-up safety boots or shoes;
 Approved safety glasses;
 Hard hats;
 Ankle to elbow clothing must be worn.

Respondents shall not rely on any verbal information given during this
visit/briefing unless it is confirmed in writing by KiwiRail in subsequent advice
to Respondents. If Respondents want to confirm any matter not followed up
in this way, they shall contact the KiwiRail Tender Manager as outlined
above.

4.5. Site visits by KiwiRail

During the tender evaluation period (after tenders have closed), KiwiRail at
its sole discretion and cost, may visit some or all of the Respondents’
manufacturing and solutions facilities. All Respondents shall coordinate and
cooperate with KiwiRail’s representative(s) if they choose to visit. During their
visit they will be evaluating the Respondents against the tender evaluation
criteria and will report back to the KiwiRail Tender Evaluation Team. This site
visit will take place on or about the date(s) prescribed in clause 3.

4.6. Additional information and clarification

4.6.1. KiwiRail may issue clarifications or changes to this RFP by way of

written Notice to Respondents (“NTR”). A copy of each notice will be
published on GETS. All notices issued will become part of this RFP.

4.6.2. Requests for clarification or additional information should be made

in writing to the KiwiRail Tender Manager, prior to the questions
closing time prescribed in clause 3 above.

4.6.3. KiwiRail reserves the right to notify details of any clarification or

additional information arising from clause 4.6.2 above to other
relevant parties.

5. SUBMISSION OF RESPONSES

5.1. RFP responses

The RFP will close at the RFP closing time prescribed in clause 3.

The Respondent’s RFP response must be enclosed in four sealed and

clearly marked envelopes.

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The first envelope must contain the non-price response to Section C of this
RFP and be clearly marked as “Envelope No. 1 - Proposal Excluding Price”
and include the contract number and name.

The second envelope must contain the pricing proposal and be clearly
marked “Envelope 2 – Price” and include the contract number and name.

The third envelope must contain the financial viability information requested
in clause 13 and be clearly marked “Envelope 3 – Financial Viability
Information” and “Private and Confidential”, [Respondents Name], and
include the contract number and name.

The three envelopes must then be placed in a fourth envelope which shall be
clearly marked:

[Respondents Name]

Tender for Contract No: 2014/E/040

Contract for Coal Dust Control Management on the Midland Line

All tenders must be delivered to:

KiwiRail Tender Box

Level 1, Wellington Railway Station
Bunny Street,
Wellington 6011

Attention: Suresh Damuluri

Responses must be submitted in the format at Section C, and must be clear,

legible and provide all information requested in this RFP document.

Responses must:

 Be received on or prior to the time and date stipulated in clause 3 as

the closing date;

 Be placed in sealed envelopes as described above;

 Be addressed to the address set out above in this clause 5.1, marked
for the attention of the contact name; and

 Comprise four (4) of original bound copies and one (1) unbound copy,
and one (1) electronic copy.

KiwiRail will not accept any faxed or e-mailed responses.

Any response received by KiwiRail that does not conform to all or any of the
above conditions may be rejected or accepted during evaluation at the sole
discretion of KiwiRail.

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You may attach any supporting material that you wish to your proposal.
Please make sure that it is clearly labelled, and summarise any attachments
in a covering letter.

5.2. Late tenders

KiwiRail reserves the right to receive and consider a late RFP submission;
however, as a general rule, any response received after the closing time, for
whatever reason, is likely to be declined.

5.3. Joint proposals

5.3.1. Joint tenders, whereby an organisation wishing to submit a tender

elects to form an alliance with another organisation with the purpose
of improving capability to offer the goods/services specified in this
RFP, are permitted, provided that full disclosure is given of the
alliance including its legal status, and the manner in which the
responsibility for the delivery of specified goods/services will be
apportioned and managed.

5.3.2. Unless otherwise specified in such a submission, both respondents

will be jointly and severally liable.

5.3.3. One of the joint respondents must be identified as the contact point
for all communications with KiwiRail relating to the proposal.

5.4. Proposal validity

Every proposal will be a continuing offer and irrevocable until six (6) months
from the closing date, or such later date as KiwiRail may agree with you.

5.5. Indicative rates/pricing and GST

Any rates or prices quoted should be exclusive of GST and in New Zealand
dollars, unless otherwise specified.

5.6. Tender tags

5.6.1. Any tender tags or qualifications to the tender documentation must

be outlined in a covering letter or memorandum and included in your
tender submission.

5.6.2. Respondents should be aware that tenders subject to significant

tender tags or qualification will likely be treated as non-conforming
and not evaluated.

5.6.3. You may be requested to remove unacceptable tender tags or

qualifications. Refusal to remove tender tags or qualifications may
result in your tender being rejected. If the consequence of the
tender tag or qualification to KiwiRail is unacceptable, the tender will
be considered to be non-conforming and shall be rejected.

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Respondents must, if possible, identify the consequences of any

tender tags or qualifications in terms of actual cost and time.

5.7. Alternative proposals

It is KiwiRail’s preference to contract on the basis set out in this RFP.

However, KiwiRail may consider alternative proposals. Any alternative
proposal should clearly identify the commercial advantage and ‘value added’
offered.

Any alternative proposal must be accompanied by a conforming proposal.

6. RFP CONDITIONS

6.1. Rights reserved by KiwiRail

KiwiRail reserves the right to:

 Suspend or cancel (in whole or in part) this RFP process and/or the
overall procurement process without assigning a reason;

 Terminate or exclude at any time participation by any respondent in the

RFP process without assigning a reason;

 Call and/or re-advertise the RFP or revisit any RFP process;

 Waive any irregularities or informalities in this RFP process;

 Run the RFP process as it sees fit, including by varying the process
without assigning reason;

 Select suppliers based on their RFP responses and/or invite them to

participate in a further closed or open tender process;

 Issue an RFP with modified descriptions of service requirements,

including innovations identified and/or proposed to KiwiRail through
this RFP process;

 Enter into discussions and/or negotiations with any one or more

respondents relating to matters dealt with in this RFP;

 Deal separately with any of the divisible elements of any RFP

response, unless the relevant RFP response specifically states that
those elements must be taken collectively;

 Limit or extend the list of potential respondents beyond those who

respond to this RFP;

 Seek clarification of any aspect or information provided in an RFP

response, and seek further information from any party;

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 Consider, accept or reject any further RFPs (including any alternative

or non-conforming RFPs) it may receive from any respondent or other
correspondent;

 Change any time or date, timeframe in, or any other aspect of, this
RFP process (including extending the closing date for the receipt of
RFP responses) by notice in writing to each respondent;

 Liaise or treat with any prospective or actual respondent at any time

without necessarily liaising or treating with any other prospective or
actual respondent;

 Delete or change its requirements for any goods/services covered by

this RFP process;

 Conduct a financial check on any respondent submitting a tender

response; and

 Obtain similar goods/services from any third party and not deal
exclusively with any respondent under this RFP process.

KiwiRail will not be bound to give any reasons for decisions made as a result
of this RFP or as an outcome of the RFP evaluations.

It is KiwiRail’s preference that one contract be awarded for the

goods/services. However, KiwiRail may, in its sole discretion, divide the
goods/services and award different contracts for different goods/services. .

The form of contract for the provision of the goods/services attached at

Appendix One is substantially the contract that KiwiRail will require any
successful respondent to enter into. Any changes to these terms that
respondents would be seeking should their proposal be accepted must be
identified. KiwiRail reserves the right to negotiate outside of this contract
during any negotiation phase.

6.2. No obligation to discuss

Nothing contained or implied in this RFP shall oblige KiwiRail to discuss,

justify or give reasons for any of its decisions or actions relating to this RFP
or any response.

6.3. KiwiRail liability for your information disclosed

While KiwiRail endeavours to supply correct information, it disclaims, to the

extent allowed by law, any liability (whether in contract and/or in tort,
including negligence, or otherwise) to any respondent or other person if they
rely on any information provided by KiwiRail in relation to this RFP.

Those submitting RFP responses will be considered to have:

 Examined this RFP and all documents referenced (if any);

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 Considered all the risks, contingencies and other circumstances that

may have an effect on their RFP responses; and

 Satisfied themselves as to the correctness and sufficiency of their RFP

responses, including the pricing structure offered.

6.4. Clarification of information

Requests for clarification that relate solely to one respondent will be provided
to the respondent requesting the clarification. Should the request for
clarification be deemed as material to the RFP document, then a Notice to
Respondents (“NTR”) will be issued by KiwiRail to all respondents.

6.5. Subject to contract

All respondents submitting an RFP response agree that:

 A contract is only formed between KiwiRail and the successful

respondent when KiwiRail executes such a contract covering the
relevant goods/services;

 This RFP, and any provision contained in it, does not give rise to a
separate contract between KiwiRail and the respondent; and

 Nothing in this RFP, or in the relationship of KiwiRail and the

respondent, imposes any duty of care on the Crown or KiwiRail, and
any such duty of care is expressly excluded.

6.6. RFP responses complete and accurate

Each respondent must include the information as required by KiwiRail in this

RFP. Information not specifically required by the RFP, but believed by the
respondent to be of value in evaluating the responses, should be included as
an addendum. Where there is reference to published manuals, only the
relevant extracts should be placed in the addendum.

All respondents warrant that:

 All information provided in their response is complete and accurate in

all material respects;

 Provision of information to KiwiRail, and the use of it by its employees,

agents or contractors for the evaluation of responses and the possible
subsequent negotiation and implementation of a contract, will not
breach any third party’s intellectual property rights; and

 KiwiRail is under no obligation to check any RFP response for errors.

Acceptance of an RFP response that contains errors will not invalidate
any contract that may be negotiated on the basis of that RFP
response.

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6.7. Shortlisting and negotiations

6.7.1 Where there is a decision to shortlist and proceed to negotiation, the

preferred respondent(s) will be notified and the expected timeframe for
negotiations.

6.7.2 Any failure to reach agreement between KiwiRail and the preferred
respondent(s) may result in a re-evaluation of other shortlisted
respondents. Contract negotiation may then commence with the
respondent selected from this re-evaluation.

6.7.3 This re-evaluation process will be repeated until a successful

respondent is accepted, or until KiwiRail elects to cancel the RFP
process.

6.7.4 KiwiRail is not bound to draw up a shortlist and negotiate with any
respondent.

6.8. Preferred respondent

Should a respondent be informed that they are a preferred respondent, such

advice does not:

 Constitute an acceptance by KiwiRail nor create a contract;

 Constitute an award of the contract; nor

 Imply or create an obligation on KiwiRail to enter into negotiations with

or award the contract to the respondent.

KiwiRail reserves the right to discontinue negotiations at any time.

6.9. Confidentiality

This RFP, and the information supplied by KiwiRail (either itself or through its
consultants or advisors) in connection with this RFP, is confidential.
Respondents must not release or disclose any of the information to any other
person (other than the respondent’s employees or advisors on a need to
know basis) without the prior written consent of KiwiRail.

Respondents are advised that KiwiRail is subject to the Official Information

Act 1982, and respondents should make their responses “Commercial in
Confidence” if they wish to protect specific information. KiwiRail cannot,
however, guarantee that information marked as such can be protected if
KiwiRail receives a request for information under that Act.

By submitting your response you acknowledge that KiwiRail may at any time
freely use any information or intellectual property provided by you to KiwiRail
in connection with this RFP for any of KiwiRail's business purposes as it
sees fit, whether or not you are ultimately selected as the preferred tenderer.
Any information which is commercially sensitive or otherwise confidential
must be tagged as such.

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6.10. RFP costs

Respondents must pay their own costs of preparing and submitting their RFP
response, including, but not limited to, all costs incurred by the respondent in
connection with this RFP, including all costs relating to any:

 Communication and/or negotiation with KiwiRail;

 Meetings or interviews with, or presentation to, KiwiRail; and/or

 Site inspections/visits.

6.11. Advertising

No advertisement or other information relating to this RFP process, or any

contract that may arise out of it, shall be published in any newspaper,
magazine, journal or other advertising media, or broadcast/disseminated by
radio, television or other electronic media, without the prior written approval
of KiwiRail.

KiwiRail’s policy is to follow the Government’s Rules of Sourcing including in

respect of publication of the results of tenders. Accordingly respondents are
advised that the award of this RFP may be published on the Post Award
Notifications page of the GETS (www.gets.govt.nz) website.

6.12. Copyright

Copyright in every document (electronic and paper) comprising this RFP

belongs to KiwiRail. All rights are reserved. This RFP document must be
kept secure, and must not be used, stored, copied or passed on in any form
by any means without KiwiRail’s prior written consent in each case.

6.13. Governing law

This RFP is governed by the law of New Zealand, and KiwiRail and all
respondents must submit to the non-exclusive jurisdiction of NZ courts and
their appellate venues.

6.14. Conflict of interest

Respondents must disclose any actual or potential conflicts of interest in

relation to the matter covered by this RFP.

6.15. Acceptance of gifts

In compliance with KiwiRail policy, gifts, inducements, promotional products

or services etc., will not be accepted by any KiwiRail employee, agent,
consultant or contractor acting on behalf of KiwiRail who is in any way
involved with this procurement. Any respondent attempting to provide gifts,
inducements, promotional products or services to any such KiwiRail
employee, agent, advisor, consultant or contractor acting on behalf of

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KiwiRail may be disqualified from submitting a response or a proposal under

this or any subsequent RFP or RFT process.

7. RFP EVALUATION

7.1. Evaluation criteria

RFP responses will be assessed against KiwiRail’s evaluation criteria, in its

absolute and sole discretion. KiwiRail’s evaluation criteria and their
weightings are summarised below and described in detail in the following
Section C.

 Health and Safety Pass / Fail

 Company Systems Pass / Fail

 Financial Viability Pass / Fail

 Relevant Experience: 10%

 Track Record: 10%

 Relevant Skills (Key Personnel) 20%

 Resources: 10%

 Methodology: 20%

 Price: 30%

In addition other factors that will be taken into account when evaluating
submissions will include, but not necessarily be limited to, the following
(please note that the factors listed below are not in any order of priority, nor
are they weighted):

 Compliance with the terms and conditions set out in this RFP
document

 Any other criteria that KiwiRail deems relevant to evaluate the

responses and the RFP process.

The weighting reflects KiwiRail’s view of the significance of the particular

attribute and its contribution to the success of the Project.

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SECTION C – INFORMATION REQUIRED FROM

RESPONDENTS

8. INSTRUCTIONS

Respondents are required to answer each question in this section.

Respondents must use this numbering system in their response and respond
in the same sequence. Where a question is not relevant to the respondent’s
RFP response, respondents must indicate “N/A” or “Not Applicable” against
the respective question number in their RFP response. If the question invites
the respondent to comment and the respondent chooses not to, then the
respondent must indicate “No Comment” against the respective question
number in their RFP response.

The RFP response form and the Declaration of Interest contained in this
section must be completed, signed and returned, along with the respondent’s
responses to the questions.

Any partial compliance or non-compliance with requirements must be clearly

described in the respondent’s response.

9. TENDER FORMAT NON-PRICE ATTRIBUTES

The following information requested in Clause 7.1 shall be submitted in

Envelope No. 1 - Proposal Excluding Price for tender evaluation.

Description of Documents/Information Page Limit (Single Sided A4

unless shown otherwise)
Covering letter (will not be considered as part 1
of the tender evaluation)
Title page 1
Index or contents page 1
“Form of Response” form 1
“Declaration of Interest” form 1
Non-Price Attributes 30
Proposed initial concept design for covering Unlimited
solution - concept drawings and supporting
information
Key Personnel CVs (for each key person 2 per key person
offered in the proposal)
Programme 1 x A3
Organisation Chart Included in non-price attribute
limit

Each A3 page side will be counted as two A4 pages. The font utilised shall be
not less than Arial 10.0pt

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10. CONTACT DETAILS AND COMPANY INFORMATION

All respondents are required to provide the following information:

 Organisation Trading Name;

 Organisation Legal Name;

 Address details;

 Contact person (this is the person that KiwiRail will contact for any
queries relating this RFP);

 Contract negotiation contact (person with sufficient authority to

negotiate on the respondent’s behalf without reference to other
parties either overseas or in New Zealand);

 Finance contact (person who is responsible for all finance/invoice

queries);

 Detail of any existing or past relationships with KiwiRail;

 An outline of organisation ownership, including details of directors,

controlling shareholders and/or partners (for publicly listed
companies, please include a copy of your latest annual balance sheet
and accounts). If the Respondent is a Joint Venture (JV) or
consortium then it must provide details of the arrangements and how
formalised they are, and the length of time these arrangements have
been in place.

11. HEALTH AND SAFETY

Zero harm is a key strategic platform within KiwiRail. The goal of zero harm
is to sustain an environment that enables KiwiRail to:

 prevent injury and harm to our people, the public and the
environment;

 grow our business in a sustainable way; and

 support our clients, customers and the communities in which we

operate.

KiwiRail will therefore require the successful tenderer to work with KiwiRail
(and provide the Goods/Services in such a way as) to achieve this zero harm
goal.

Respondents shall summarise their company’s or consortia’s Health and

Safety systems and record. This shall cover areas such as their ability to
meet Health and Safety requirements, and including proactive site and public
safety management.

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The following New Zealand accreditation levels, or overseas equivalent of,

are desirable in responding to this RFP:

• Accident Compensation Corporation (ACC) Partnership Programme or

ACC WSMP Secondary level or better, or

• OHSAS 18001:2007;

Health and Safety information provided in response to the RFP must be

warranted by the Respondent to be complete and accurate in all material
respects and must be current. Providing anticipated or expired
documentation may void an RFP application. In any instances where
KiwiRail queries the validity of an accreditation/ certification, the accreditation
body may be contacted to validate the accreditation claimed.

The Respondent shall provide evidence verifying the Respondent’s

achievement in:

• Third-party support (rail safety observers, etc.)

The following information for the Respondent’s company shall be provided:

HEALTH & SAFETY MANAGEMENT PERFORMANCE

Complete the following table:
Year 2012 Year 2013 Current
(Optional) (Required) Year to end
June 2014
(Required)
# Serious Harm Incidents

# OSH Improvement /
Infringements / Prosecution
Notices

# Lost Time Injury Frequency

Rate ( LTIFR)

# Environmental Improvement
/ Infringement Notices

Does your organisation have a health and Safety Policy? YES/NO

Does your organisation have a Drug and Alcohol Policy? YES/NO

Does your organisation have a process to communicate Health

and Safety information with employees and sub contractors? YES/NO

Are your employees trained and involved in the identification of

hazards on the job at the start of each task? YES/NO

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HEALTH & SAFETY MANAGEMENT PERFORMANCE

Complete the following table:
Year 2012 Year 2013 Current
(Optional) (Required) Year to end
June 2014
(Required)
Does your organisation have a process for managing sub
contractors on site? YES/NO

Does your organisation have procedures for safe working at

heights? YES/NO

Does your organisation have procedures for working in confined

spaces? YES/NO

Does your organisation have procedures for hot work? YES/NO

When carrying out the scope of works are there any hazards that
your organisation will bring to KiwiRails work areas? If yes YES/NO
provide a list of the hazards and controls.

Does your organisation have first aid procedures in the case of an

emergency? YES/NO

Will your organisation have first aiders on site that can respond in
the event of a medical emergency? YES/NO

Does your organisation have procedures and materials to deal

with any spills on site? YES/NO

Note: KiwiRail may request an ACC Claims history or equivalent from

another jurisdiction. Inaccurate information may void the RFP and impact on
future tenders submitted by the Respondent.

Health and Safety compliance with KiwiRail’s requirements in this RFP will
be evaluated on a “Pass/Fail” basis. Should a Respondent receive a Fail for
this attribute, their response will not be considered further.

12. COMPANY SYSTEMS

Respondents shall submit their company’s or consortia’s certificates

demonstrating their compliance with the following standards. Failure to
supply any one of these certificates will result in the Respondent receiving a
Fail for this attribute.

• Quality – ISO 9001

• Environmental – ISO 14001

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Respondents shall elaborate on other systems including:

• Project management

• Financial management

• Emergency management systems

• Communication systems

It is acceptable to refer to websites for supporting information.

Company systems compliance with KiwiRail’s requirements in this RFP will

be evaluated on a “Pass/Fail” basis. Should a Respondent receive a Fail for
this attribute, their response will not be considered further.

13. FINANCIAL VIABILITY

Respondents shall provide an overview of their company’s financial systems,

in particular its financial viability to deliver the proposed scope of works.

KiwiRail and/or its professional advisors may carry out due diligence
investigations of any or all of the Respondents who submit an RFP
submission.

Due Diligence
By submitting an RFP submission, each Respondent acknowledges and
consents to the following:

• KiwiRail may carry out all due diligence investigations as may

reasonably be required.

• To promptly provide all information and answer all questions as may

reasonably be required, subject only to:

 confidentiality obligations owed to unrelated third parties (which if

applicable, must be identified) and, if then requested by KiwiRail,
the Respondent will take all reasonable steps to have such
confidentiality waived to enable disclosure to KiwiRail; and/or

 the rules of any stock exchange on which the Respondent or its

parent company is listed (which, if applicable, must be identified).

• KiwiRail shall not short-list any Respondent if it is not satisfied, in its

sole and absolute discretion, with the outcome of its due diligence
investigations regarding that Respondent.

In order for KiwiRail to complete its due diligence, the following information
shall be submitted by each Respondent in a separate sealed envelope
marked as noted in clause 5.1:

• Past three years of audited company records including:

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 Balance Sheets and

 Profit and Loss Statements

Financial Viability compliance with KiwiRail’s requirements in this RFP will be

evaluated on a “Pass/Fail” basis. Should a Respondent receive a Fail for this
attribute, their response will not be considered further.

14. RELEVANT EXPERIENCE

Respondents are required to provide evidence to demonstrate to KiwiRail

their company’s relevant experience in recent projects – ideally working
within an operating rail environment, and projects involving modification of
the same or similar types of railway wagons. Relevant experience applies to
both relevant projects and the experience on those projects of some of the
key personnel or subcontractors nominated in this proposal under Relevant
Skills.

Any similarities/relevance with the subject of this RFP are to be highlighted.

Respondents shall nominate three (3) projects completed in the last five (5)
years and, for each, provide the following information requested.

All of the projects must be the same as nominated for Track Record.

Each example project shall include information under the headings below.

Each project example shall be listed separately with its information for
scoring on “relevance – currency – scale” clearly separated in sections.

14.1. General information

Provide details for each project nominated for Relevant Experience,

including:

• Project Name, location, timeline.

• The Engineer’s/ client’s name, company or organisation, and contact

details.

• The names and roles of key personnel working on the nominated

projects that are proposed for this project under Relevant Skills.

• A full description of the extent of work carried out.

• Detail on the % of work carried out by the Respondent’s own

resources, and % of work undertaken by subcontractors. Respondents
should make it clear where they have partnered with another
organisation and the percentage of the overall contract for which they
were responsible.

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KiwiRail reserves the right to obtain any information from any relevant
company, organisation or person in the course of evaluating this RFP.

14.2. Relevance

Provide details of the Respondent’s relevant experience on the project, the

% carried out by the Respondent’s own resources and that carried out by
sub-contractors or others, on the following factors:

• Modifying existing rail wagons to install covers;

• Working within the rail industry, both in New Zealand and

internationally;

• Working in a relationship contracting environment, demonstrating

collaborative behaviour with other contractors or client/rail operator
personnel on site;

• Planning and design, manufacturing, installation and commissioning

experience;

• Managing stakeholder relationships;

• Experience working with linear assets (railways, highway maintenance

etc.).

14.3. Currency

For each project stated above, provide detail of when the work was carried
out, or the % complete if ongoing.

14.4. Scale

For each Project stated above, provide detail of the value of the contract
work carried out, or the value of the work completed to date if ongoing, and
the overall project duration and contract value.

15. TRACK RECORD

Respondents shall demonstrate that they can deliver the performance

required by this RFP by outlining their track record in delivering each of the
three Relevant Experience projects listed above. This will be supported by
referee comments which the Tender Evaluation Team will obtain at its
discretion.

Respondents shall provide the information requested for each of the three (3)
projects under relevant experience. It is permissible to combine this attribute
with Relevant Experience in a table on an A3 size page (provided the page
limit requirements above are complied with.)

Each project example and information provided shall be listed separately.

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Failure to provide the requested amount of information will be taken as a

deficiency in the attributes Track Record and will be scored accordingly.
Scoring will be based on the first three projects listed, should more than
three projects be listed.

15.1. General information

Provide details for each project nominated for Track Record, including:

• The names of two (2) Referees (one of them preferably the Engineer,
Engineer’s Representative of other Contract Representative) who are
able, and are authorised by the Respondent, to comment effectively on
the Respondent’s ability to provide the goods/services covered by this
RFP;

• The referees company or organisation;

• Current contact details.

Note: It is essential that nominated referees had direct involvement with the
Respondent for the nominated work and that contract details provided are
current. Nominate only referees who have had a significant involvement in
the contractual relationship between the Respondent’s organisation and the
customer organisation.

Referees must be available for telephone interviews with KiwiRail, if required.

Respondents should thus advise the referees that KiwiRail may contact
them. KiwiRail reserves the right to request information from any relevant
company, organisation or person in the course of evaluating this RFP.

Track record includes but is not limited to providing information of the

following criteria for each project. Any significant matters should be
explained. The reference check may contain, but not necessarily be limited
to these criteria:

• Compliance with health & safety and environmental standards;

• Compliance with quality standards;

• Risk management

o ‘No surprises’ environment

• Completed on time;

o Construction management (including planning)

o Programme management (give specific dates)

• Compliance

o Code compliance

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o Regulatory compliance

• Completed within agreed budget (include comments for clarification);

• Responsive to client's requirements;

• Financial matters:

o Managing costs – cost and budgetary forecasting and accuracy,

final contract price vs tender price

o Client scope changes

o Variations

• Dealing with difficulties: and

• Any other relative information such as industry awards and citations.

16. RELEVANT SKILLS

Respondents shall demonstrate that they have the key personnel who can
deliver the outcomes sought by KiwiRail from this RFP. The Respondent
must cover the following in respect of Relevant Skills:

Nominate the names of the key personnel for the Project. These personnel
are:

Role Role Description

Has overall responsibility to KiwiRail for
Contract Manager delivery of all aspects of the contract scope
of works. Actively manages the contract,
maintains collaborative contracting
relationships with KiwiRail and stakeholders.
They shall manage the programme to ensure
delivery within the timeframe required by
KiwiRail.
Design Manager Responsible for the management of the
design process and deliverables from
concept to detailed design,
checking/verification processes, and shop
drawings for manufacturing.
Construction & Responsible for the management of the
Installation Manager manufacturing process, and installation on
site, commissioning and asset handover
process.
Design Engineer – Responsibility for designing the mechanical
mechanical systems systems of the covering solution, ensuring
they are fit for purpose for all classes of coal
wagons.

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Role Role Description

Design Engineer – Responsibility for designing the control
control systems systems of the covering solution, ensuring
they are integrated with the mechanical
systems and fit for purpose for all classes of
coal wagons.
Commissioning Responsible for commissioning the covering
Engineer solution, managing the tests and trials before
the final rollout, and then testing the covering
solution of the entire coal wagon fleet.
Health & Safety Responsible for the management of all
Manager health and safety aspects of the contract.
This includes ensuring compliance with
regulatory requirements.
Environmental Responsible for the management of all
Manager environmental aspects of the contract. This
includes ensuring compliance with regulatory
and consent requirements.
Quality Manager Responsible for the management of all
quality aspects of the contract.

The Contract Manager, Design Manager, Health & Safety Manager and
Quality Manager roles shall each be filled by different people. Of the
remaining roles, some may be undertaken by the same personnel, e.g. the
Design Manager may also fill the Design Engineer – mechanical systems
role.

Respondents shall supply an organisational structure diagram with their

tender submission.

For all key personnel comment in terms of the following:

16.1. Practical experience

The length of experience in full time equivalent year’s corresponding to the

Relevant Skills, the achievements to be recognised in previous projects and
how that experience is relevant to this Project.

16.2. Qualification and training

Technical qualifications and training in the development of Relevant Skills

together with their particular relevance to this Project.

16.3. Focus and commitment

Tasks, responsibilities and commitment to this Project. Commitment should

be expressed as the overall percentage of time that a person in available to
the Project e.g. 50% is the equivalent of a person spending 50% of their time
on the Project on average. Also state over what duration each key person
will be available to undertake work for the Project in their nominated roles,

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e.g. key person will be available for the Project for two weeks each month for
the entire Project duration.

16.4. Curriculum vitae

Respondents shall include the curriculum vitae (CV's) (two pages only) for
each key personnel nominated above and other personnel nominated in the
Respondent’s organisational structure, and whose Relevant Skills are to be
recognised. CVs need to demonstrate specific experience relevant to the
position and should differentiate between technical and managerial skills
where relevant to the position. The CV’s shall be bound in alphabetical order
as an appendix to the submission and include relevant technical
qualifications and the dates obtained. CV's shall identify technical positions
held and responsibility carried in relation to projects, especially those
nominated under Relevant Experience above.

17. RESOURCES

KiwiRail seeks to engage suitability qualified companies or consortia with

personnel and resources that have demonstrable evidence of having
executed similar projects on operating rail networks.

KiwiRail also seeks to ensure that sub-contracts let are kept to a minimum
and requires detail regarding the nature and type of any sub-contracts that
Respondents intend to enter into.

Note that while it is acceptable to sub-contract aspects of the Project, overall

management of the Project is to be the sole responsibility of the Respondent.

17.1. Resource capacity

a) Respondents shall describe what facilities, plant and equipment they

have available to supply the goods/services and whether they own or
have control of all of the plant being proposed.

b) Confirm the location of the following that the Respondent is proposing

for the duration of the contract:

 Contract management office

 Design office

 Manufacturing facilities

Respondents shall propose the logistics to deliver the covering

solutions to the site for installation.

Respondents shall describe what resources are available to supply the

goods/services and how the Respondent’s and any sub-contractor’s staff are
trained and qualified.

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17.2. Proposed sub-contracts

If sub-contracts are proposed by the Respondent:

a) Respondents shall provide information about the proposed sub-

contracts they would intend to let, the role of the sub-contractor and the
percentage of the total value of the contract it might expect to out-
source. The Respondent will need to demonstrate how such sub-
contractors may be used, but such work must be arranged in such a
way that any sub-contractor is no more than one level of separation
distant from KiwiRail.

b) If the sub-contract Respondents intend to enter into dictates that the

key personnel outlined in Clause 16 belong to a different organisation
than the primary organisation responding to this RFP, then further
detail must be given as to how that will be managed in the context of
this Project.

c) If Respondents propose to enter into a sub-contract with another

organisation they must provide information on how they will manage
the interfaces between themselves and the sub-contractor so as to
minimise the amount of risk to KiwiRail.

d) The Respondent shall provide information regarding past sub-

contracts, where the parties involved were the same as those
proposed for this Project, and successes achieved.

17.3. Proposed joint ventures

If a JV is proposed by the Respondent:

a) Respondents shall provide information about the proposed joint
venture they intend, the division of work and interaction between the
organisations.

b) If Respondents propose to enter into a joint venture with another

organisation(s) they must provide information on how they will manage
the interfaces between themselves so as to minimise the amount of
risk to KiwiRail.

c) If the JV a Respondent intends to enter into dictates that the key

personnel outlined in Clause 16 belong to a different organisation than
the primary organisation responding to this Request for RFP, then
further detail must be given as to how that will be managed in the
context of this Project.

d) The Respondent shall provide information regarding past joint

ventures, where the partners involved were the same as those
proposed for this Project, and successes achieved.

e) If the Respondent is a JV or consortium then provide details of the

arrangements and how formalised they are, and the length of time
these arrangements have been in place.

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17.4. Current projects

Respondents shall provide information about significant current or tendered

projects that may impact on their ability to deliver this Project on time.

18. METHODOLOGY

18.1. General

As stated in clause 2.3 this Project when completed, should deliver the
following benefits to KiwiRail:

1. Improved round trip fuel efficiency due to reduced aerodynamic drag.

2. Decreased coal dust being deposited on the track infrastructure with a
consequent reduction in renewals.
3. Decreased coal dust loss experienced by the customer.
4. Reduced expenditure on ballast cleaning and renewals.
5. Reduced level of coal dust contamination of natural ground water
discharged from the Otira Tunnel.
6. Reduced level of coal dust contamination of ballast cleaning water
discharged from the Otira Tunnel.
7. Reduced coal dust contamination of the Otira Tunnel Western end
sediment ponds which discharge into the Rolleston River.

In this Methodology section, Respondents should specifically comment on

the extent that their proposal will deliver each of the benefits sought by
KiwiRail repeated directly above.

In addition Respondents shall outline their approach for delivery including a

programme showing their expected development and implementation
timeframes and particularly identifying where KiwiRail resource is required.

Respondents should align their responses with the specific Project phases in
clause 2.2 above.

18.2. Specific requirements

Respondents shall note that KiwiRail’s Dunedin heavy lift facility will be made
available for installing and commissioning the covering solutions. This facility
is located at 29 Neville St, Dunedin.

a. Overall methodology

The Respondent’s methodology shall also describe how they propose to

include the following Project activities:

 Respondents shall provide a concise statement outlining their early

thinking on the practical elements of how they plan to manage this
contract and the essential components that would govern it.

 Project schedules;

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 Reporting;

 Quality management;

 Risk management

 Information systems used, such as internal systems (SMS messaging

and email) and other internal relational data sources; and

 The Design process including preparing preliminary concept designs,

review and consultation with KiwiRail and their stakeholders; approval
and preparation of final detailed design and shop drawings;

 On-going maintenance requirements, defining design life, and optimal

whole of life design solutions;

 Trial process for construction and installation of covering solutions for

each of the three wagon classes, location of trials, review and approval
process;

 Full rollout of approved covering solution including

manufacturing/construction, delivery to site, and installation;

 Commissioning process for the covering solutions to demonstrate to

KiwiRail that they will perform as expected;

 Development of the Owner’s Operations and Maintenance Manual(s)

and its contents;

 Training and support for KiwiRail staff to operate and maintain the
covering solutions.

The proposed construction methodology must cover in sufficient detail all

aspects of the fabrication/construction, including identification of all risks and
mitigation measures to be adopted.

The Respondent shall describe any other Project specific methodologies

which will expedite the timely and efficient completion of the Project.

b. Design life and optimal whole-of-life

Respondents shall outline and define what the design life of their solution will
be. This will generally include:

 Expected design life of major components; and

 Overall design life of covering solution.

Based on this design life, the Respondent shall demonstrate how their
proposal will deliver the optimal (whole-of-life) value to KiwiRail, without

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revealing their price in this Methodology section. This should cover aspects
such as:

 Maintenance regime for their covering solution;

 Maintenance frequency;

 Frequency of renewal of major components; and

 Availability and source of spare parts (local or overseas).

c. Subcontracted works

Respondents must outline how they will manage the subcontractors

proposed under Resources above, if any, within the programmed works.

d. Proposed concept design

The Respondent shall submit their proposed concept design and

construction programme with their proposal which outlines the key work
activities and illustrates the construction sequence together with a
commentary / list of assumptions on which the programme is based.
Respondents shall describe the measures taken in their programming of the
works to ensure the timely completion of the works and specifically to
achieve the overall completion date. Respondents shall describe how
progress against programme will be monitored to ensure programme
slippage is identified early, and how it might be mitigated against.

e. Project health and safety

Respondents shall provide an outline site specific Health and Safety Plan
which shall be aimed at ensuring all relevant places of work are safe, that
hazards are controlled and that compliance with all health and safety
legislation is achieved. This requirement is in addition to the information
required under Clause 12 Health and Safety above.

f. Business relationship

Respondents shall confirm their ability to provide primary account

management support based in:

 Respondent’s home office for design and contract management;

 Dunedin for the trial and covering solution rollout and contract
management;

 Christchurch for the maintenance facilities for the coal wagon cover
solutions.

Describe in detail how the Respondent would manage and develop the
relationship with KiwiRail.

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Describe other value-added services in respect of KiwiRail’s requirements

that the Respondent could provide to KiwiRail, and advise what services
would be part of the relationship, when services attract a specified charge,
and what the costs would be.

19. PRICING

This is a lump sum contract. The Respondent shall submit their proposed
pricing structure to reflect this. However the pricing information shall be
formatted to provide transparency and rational demarcation of work
packages to assist with progress payments. As a minimum, it shall show:

 Project specific on-site overheads expressed as a percentage of the

total design, trial, full rollout, post-construction support and training
costs;

 Off-site overheads (non-Project specific such as corporate office

overheads) expressed as a percentage of the total design, trial, full
rollout, post-construction support and training costs;

 Design – concept through to final detailed design further broken down

to:

o Cost for concept design phase;

o Cost for detailed design phase;

o Indicative number of personnel hours for each design phase;

 Trial of covering solution on each wagon class including:

o Site establishment costs;

o Covering solution costs for each wagon class;

o Trial commissioning and reporting costs

 Full rollout to wagon fleet including:

o Site establishment costs for full rollout;

o Covering solution costs for each wagon class;

o Full rollout commissioning and reporting costs;

 Post-construction support;

 On-site Training for KiwiRail staff to operate the covering solution and
carry out maintenance functions. This training for KiwiRail staff will be
carried out in Christchurch and Greymouth (on the West Coast).

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In addition, the Respondent shall include notes with their Price information
that includes:

 Any assumptions relating to costs including costs expected to be borne

by KiwiRail where not otherwise stated in the RFP documents;

 Any other costs not covered above but which are considered
necessary by the Respondent to complete the Project works;

 Confirmation that travel and accommodation costs associated with the

Dunedin work site, for the Respondent’s personnel are included in the
lump sum;

 An estimated monthly cash flow forecast for the duration of the Project;

 The basis by which any changes to scope and variations will be priced
and negotiated. The Respondent shall also nominate :

o Labour rates for personnel that would apply;

o Plant and equipment rates that would apply;

o Percentage margins added for any materials.

All prices are to be fully inclusive of the Respondent’s responsibilities for

office facilities, vehicles, communications, training, uniforms, tax, ACC,
holiday/sick pay/bereavement, insurances, profit, etc.

All pricing shall be:

 Quoted in New Zealand dollars (NZD), and exclusive of GST; and also

 Quoted in the Respondent’s equivalent local currency.

Where the preferred Respondent is based outside of New Zealand, KiwiRail

will (as part of the contract negotiations) discuss what the applicable
currency of the contract (and associated financing arrangements) will be.

20. PROPOSED CONTRACT

The details of the proposed contract are attached at Appendix One to this
RFP document.

Any changes to the proposed contract that a Respondent would be seeking,

should their proposal be accepted, must be clearly identified and will be
considered as part of the evaluation criteria.

21. ASSUMPTIONS

Detail any assumptions that you have made when responding to this RFP.

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FORM OF RESPONSE

Name of
respondent(s):
The primary contact
person is:

Contact details:

Phone:

Mobile:

Fax:

Postal:

Email:

Address for service:

I/we understand that you are not obliged to accept the lowest priced or any tender that
you may receive.
I/we acknowledge that our tender is irrevocable and remains open for acceptance until 6
months after the tender closing date
We acknowledge
receipt of notices {INSERT NUMBER(S)} to {INSERT NUMBER(S)}
numbered:
On behalf of the parties submitting this RFP response, we confirm that we have fully
understood the requirements set out in the RFP documents, and that none of the
information submitted by us breaches any third party intellectual property rights.

Dated:

Signed by:
for and on behalf of the respondent(s)

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DECLARATION OF INTEREST

COAL DUST CONTROL MANAGEMENT ON THE MIDLAND LINE

TO: KIWIRAIL

{Insert name of respondent}:

I/We declare that the information provided to KiwiRail in response to the RFP for Coal
Dust Control Management on the Midland Line is true and correct in all aspects.

Declared at on

Signature (of duly authorised officer):

Full Name and Designation:

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APPENDIX ONE: Supply Agreement

This Supply Agreement is provided as a separate attachment to this RFP so that

respondents can make an initial assessment of the proposed contractual terms.

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