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Solution-oriented specifications contained in the TOR do not exonerate the manufacturer from
the obligation to review the guidelines to determine whether they are suitable to fulfil the
purpose of the contract, especially if they are true, complete and sufficient. The manufacturer
is obliged to notify the Client in writing immediately upon the requirements of the
specifications, which is deemed not suitable to meet the contractual obligations.
The manufacturer shall offer an alternative and comment respectively in case it is considered
a preferable cost-effective feasible solution.
The requirements for the trains specified in this TOR are considering all relevant regulations,
policies, design standards, laws and recommendations on the state of the art technology. The
manufacturer shall comply with the accepted rules of technology to manufacture, and then
deliver a fully functional product. In case of discrepancies the manufacturer shall immediately
advise the Client accordingly.
As part of the procurement and contracting activities the Client evaluates the technical
proposal in technical meetings with the manufacturer on the basis of CbC commentary of the
specifications and a description of the train resulting in a so called “joint attachment to the
offer”.
If there is any change or changes of the design of locomotives not complying with this
specification, complete and detailed information, comments or data in respect of such change
or changes must be furnished by the Bidder to prove that such change or changes contribute
to the improvement.
1.2 Project Phases and Documents
Post Notice To Proceed (NTP) the project will follow the following steps:
1. Design Review: Substantive examination of the document submitted by the
manufacturer to design. The mandatory requirement specifications are reviewed by
the project management of the Client with respect to their consistency with the
specifications and contract. The manufacturer shall closely liaise with the Client
management for time frame, locations and processes.
2. Final Design: Representation of all technical solutions, provision of essential
design drawings and the results of the agreed evidence. Submission of all traderelated mandatory requirement specifications (staggered according to project
schedule).