Not accepted. See section 2.3 of this submission above. 41 Limitation of factors to be considered by the QCA by insertion of the words 'where relevant' and insertion of a provision that allows QR to produce (effectively) alternative information if the information being requested by the QCA is 'not available'. 3.2(e), 4.2(c) and 5.3(c) Not accepted. See section 2.3 of this submission above. Schedule F Network Management Principles 42 Amendments throughout to include and account for the proposed addition of Ad Hoc Planned Possessions Various Not supported by NHG. See section 2.6 of this submission above in relation to the introduction of Ad Hoc Planned Possessions. 43 Amendment to allow varying the MTP for Special Events on 2 business days' notice Sch F 2.2 Not supported by NHG. see the reasons above at item 29 of this Table. 44 Deletion of the ability for Access Holders to disputes variations to the MTP 2.4 Not supported by NHG - NHG considers that without a dispute provision of this nature it would be possible for QR to proceed with possessions that are contrary to the Schedule F NMP and significant cost and disruption to stakeholders and their logistics chain. NHG understands from QR that part of the concern relates to the fact that a dispute can be raised just prior to a possession taking place. NHG would be willing to resolve that issue by the access undertaking being amended so that in order for the possession to not take effect due to a dispute, the dispute would need to be raised within a minimum period out from the proposed planned possession (provided that QR had given sufficient notice for that to be possible). Schedule G Operating Requirements Manual 45 Schedule with ORM deleted. Not supported by NHG. See section 2.2 of this submission above. Schedule H Standard Access Agreement 46 Standard Access Agreement amendments Various Various - See section 3 of this submission below. Remaining non-contentious amendments throughout 47 Change of description for each network to 'System' (e.g. West Moreton Network System). Various Acceptable to NHG - is a non-substantive change in terminology. 48 Insertion of definition of RNSL (being the Rail Safety National Law (Queensland) as defined in the Rail Safety National Law (Queensland) Act 2017 (Qld)) to replace all references to TRSA (being the now repealed Transport (Rail Safety) Act 2010 (Qld)). Replacement of TRSA with RNSL consistent throughout. Various Acceptable to NHG – reflects a change in the relevant laws. 49 Referen...
Not accepted. 15. Bid Prices and Discounts 15.1 The prices and discounts (including any price reduction) quoted by the Bidder in the Letter of Bid – Financial Part and in the Activity Schedule(s) shall conform to the requirements specified below. 15.2 All items must be listed and priced separately in the Activity Schedule(s). 15.3 The Contract shall be for the Services, as described in Appendix A to the Contract and in the Specifications (or Terms of Reference), based on the priced Activity Schedule, submitted by the Bidder. 15.4 The Bidder shall quote any discounts and indicate the methodology for their application in the Letter of Bid – Financial Part in accordance with ITB 13.1. 15.5 The Bidder shall fill in rates and prices for all items of the Services described in the in Specifications (or Terms of Reference), and listed in the Activity Schedule in Section VII, Employer’s Requirements. Items for which no rate or price is entered by the Bidder will not be paid for by the Employer when executed and shall be deemed covered by the other rates and prices in the Activity Schedule. 15.6 All duties, taxes, and other levies payable by the Service Provider under the Contract, or for any other cause, as of the date 28 days prior to the deadline for submission of Bids, shall be included in the total Bid price submitted by the Bidder. 15.7. Not Applicable 15.8. Not Applicable 15.9 Bidders may like to ascertain availability of tax/duty exemption benefits available in India to the contracts financed under World Bank loan/credits. They are solely responsible for obtaining such benefits which they have considered in their bid and in case of failure to receive such benefits for reasons whatsoever, the Employer will not compensate the bidder (Service Provider). The bidder shall furnish along with his bid a declaration to this effect in the Declaration Format provided in Section IV of the bidding document. Where the bidder has quoted taking into account such benefits, it must give all information required for issue of certificates in terms of the Government of India’s relevant Notifications as per the declaration format. In case the bidder has not provided the required information or has indicated to be furnished later on in the Declaration Format, the same shall be construed that the construction equipment/ machinery/ goods for which certificate is required is Nil. To the extent the Employer determines the quantities indicated therein are reasonable keeping in view the specification...
