Oman Rail OM Partner Tender

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

Section T1, Invitation To Tender Page 1 of 15

Attention: To whom it may concern

Date: 21.06.2015

From: Oman Rail Company SAOC

Our Reference:


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



Oman Rail Company SAOC

Tender Number: C-015-15

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

T1, INVITATION TO TENDER



Contents

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

1.1 TERMS OF TENDER .................................................................................................................... 4 1.2 ABOUT OMAN RAIL PROJECT ....................................................................................................... 4 1.3 MINIMUM REQUIREMENTS TO PARTICIPATE IN THE TENDER ................................................................. 4

2.0 SUMMARY OF THE SCOPE OF SERVICES .......................................................................... 5

2.1 GENERAL GUIDELINES ................................................................................................................ 5 2.2 PHASE 1: PRE-OPERATIONS PHASE ............................................................................................... 5 2.3 PHASE 2: START-UP OPERATIONS PHASE ........................................................................................ 7 2.4 PHASE 3: STEADY-STATE OPERATIONS PHASE .................................................................................. 9 2.5 CONTINUOUS ACTIVITIES .......................................................................................................... 10

3.0 REQUIREMENTS TO COLLECT TENDER DOCUMENT ....................................................... 10

3.1 TENDERER DETAILS SHEET ........................................................................................................ 10 3.2 TENDER FEE .......................................................................................................................... 10 3.3 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 OVERALL TENDER PROCESS ....................................................................................................... 11 7.2 TENDER PROCESS SCHEDULE ..................................................................................................... 12

8.0 TENDER AWARD ............................................................................................................. 12

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

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



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

b) Minimum of 5 years of experience in freight terminal operations and maintenance

c) 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.



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: pre-operations, 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) Railway freight operations and maintenance

b) Terminal operations and maintenance

c) Railway network management and maintenance

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) Staff development

b) Development of support functions to enable the delivery of rail operations

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

customer switching, timetable development);

ii) The operating strategy based on the demand analysis provided by Oman Rail;

iii) The classification yards;

iv) The rolling stock maintenance facilities;

v) The rolling stock requirements based on the demand analysis provided by Oman Rail.

b) 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



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) Develop rolling stock maintenance standards in accordance with the GCC common

guidelines, AAR and any other relevant regulatory authorities requirements;

ii) 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;

iii) Develop, maintain and operate an Asset Management System ;

iv) Develop the maintenance facilities maintenance plan;

v) Ensure the maintenance facilities design meets operational requirements

vi) Perform testing and commissioning of newly purchased rolling stock and maintenance

equipment before start of operations.

2.2.2 Terminal operations and maintenance

a) Operational review of the terminal design:

i) Terminal design for the each type of freight;

ii) The track layout in the terminals and alignment of track corridors;

iii) Necessary loading/unloading equipment and facilities.

b) 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


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) Develop the terminal equipment procurement plan (cranes, unloading facilities. etc.)

and terminal maintenance/yellow plant plan on both a preventive and corrective basis;

ii) Ensure the terminal design meets operational requirements;

iii) Develop, maintain and operate an Asset Management System;



iv) 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.

2.2.3 Railway network management and maintenance

a) Operational review of the components of the network design:

i) The Operation Control Center (OCC);

ii) The track layout;

iii) The infrastructure maintenance/yellow plant maintenance and equipment.

b) 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


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) Develop infrastructure maintenance/yellow plant standards in accordance with the

GCC common guidelines, AREMA and any other relevant regulatory requirements;

ii) Develop the infrastructure procurement plan and maintenance/yellow plant plan on

both a preventive and corrective basis;

iii) Develop, maintain and operate an Asset Management System;

iv) Develop the infrastructure maintenance/yellow plant facilities maintenance plan;

v) Ensure the infrastructure maintenance/yellow plant facilities design meets operational

requirements;

vi) Perform testing and commissioning of newly purchased and installed track

components, signaling systems and infrastructure maintenance equipment before

making them available for operations.

2.3 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;



ii) Provide support in identifying new potential customers for the railway operations in

cooperation with Oman ports, free zones, airlines, logistics players, development

agencies

iii) Provide customer on-boarding for safety, loading, dispatching, visibility, invoicing,

insurance and EDI interfacing;

b) Railway freight operations

i) Operate freight trains and ensure efficient and safe operations;

ii) Ensure efficient vehicle rotations and use of rolling stock and other railway assets to

safeguard the fulfilment of key business objectives;

iii) Implement a continuous improvement process to update, modify and adapt the plans

developed in the pre-operation phase;

iv) Implement and maintain the developed Safety Management System.

c) Rolling stock maintenance

i) Perform, supervise and/or manage preventive and corrective maintenance services for

the rolling stock in accordance to the rolling stock maintenance plan;

ii) Perform, supervise and/or manage the rolling stock repairs and enhancement works in

accordance to the maintenance plan and the asset management strategy;

iii) 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;

iv) Develop and implement an asset disposal strategic plan to minimize the environmental

impact of operations waste and maximize financial return;

v) Ensure the maintenance facilities design meets operational requirements;

vi) Perform testing and commissioning of newly purchased rolling stock and maintenance

facilities before making it available for operations.

2.3.2 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;



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

enhancement works in accordance to the maintenance plan and the asset

management strategy;

iii) 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;

iv) Develop and implement an asset disposal strategic plan to minimize the environmental


v) Ensure the terminal design meets operational requirements.

2.3.3 Railway network management and maintenance

a) Railway network management

i) Operate and manage the railway network in accordance to the Rail Network

Management Plan and the network safety policy;

ii) Implement and maintain the developed safety management system;

iii) Control and manage the railway network incidents in accordance with the business

emergency, business continuity and resumption plans.

b) 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


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:



2.4.1 Transition management

a) Develop a transition timeline

b) 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

2.4.2 Handover

a) 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

2.5 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) Prepare a staff development plan and staff build-up matrix

b) Provide trainings as per requirements specified by the Oman Rail

c) Develop a performance management strategy based on the performance management

guidelines of Oman Rail

d) Plan and provide short-term training for selected employees in other established O&M

Partner's operations

e) Ensure sufficient level of Omanisation for the operations start-up for selected positions

2.5.2 General support functions

a) Provide rail expertise and support human resources activities

b) Support financial and accounting functions

c) Provide rail expertise and support IT infrastructure and IT management systems for

operations and commercial activities

d) Provide rail expertise and support procurement activities to ensure an efficient acquisition

of required supplies and services

e) 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,



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 [email protected]. 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



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.



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 (percentages and names, indicate where Omani)

- XX% -

- 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....



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,



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:___________________________________________

Oman Rail OM Partner Tender

Documents

Transcript of Oman Rail OM Partner Tender