[별표 30]

Instructions To Bidders for Foreign Contract

[별표 30]Instructions To Bidders for Foreign Contract

CHAPTER I  GENERAL PROVISIONS

Article 1  Purpose

The purpose of these Instructions to Bidders for Foreign Contract ("ITB") is to provide guidance to persons intending to participate in biddings conducted by Korea Railroad Corporation ("KRC") for the procurement of foreign Goods and services.

Article 2  Definitions

The terms and abbreviations used in this ITB shall have the following meanings.  Terms and abbreviations not otherwise defined herein shall have the meanings ascribed to such terms in the Incoterms (the most recent version as of the bidding announcement date) published by the International Chamber of Commerce  ( "ICC") and the General Provisions for Foreign Contract ("GP").

①"KRC" means Korea Railroad Corporatiion.

②"Government" means the government of the Republic of Korea.

③"Bidder" means an individual or organization intending to participate in bids, whether domestic or foreign, who prepares and submits the Bid Documents in accordance with the Bid Invitation.

④"Supplier" means any person or organization who actually supplies the contracted Goods pursuant to the contract.

⑤"Contracting Party" means the Bidder and the Supplier, collectively, who have entered into contract with KRC

⑥"Contract by Negotiation" means the process to be conducted if and when it is determined that expertise and/or technology will be required for proper performance of the contract, during which process the contract is awarded to one of the Bidders through a negotiation process after he is determined to have submitted a bid with terms that are most favorable to the KRC, upon evaluation of the Bid Documents submitted by multiple Bidders.

⑦"Two-Stage Bidding" is comprised of two bidding processes in accordance with Article 18 ① and ② of the Enforcement Decree of the Act on Contracts to Which the State is a Party, First stage involves a screening process for specifications, and subsequently a second bidding for price is implemented targeting at least two qualified Bidders from the first stage.

⑧"Two-Envelope Bidding" refers to a bidding method pursuant to Article 18 ③ of the Enforcement Decree of the Act on Contracts to Which the State is a Party. Bid documents for specifications and price are sealed in two separate envelopes and are simultaneously submitted. In evaluation, an envelope with specifications is first reviewed and qualified bidders with specifications are eligible for the price screening.

⑨"Bid Invitation" means documents prepared and publically announced by KRC, explaining (i) the guidance to the bidding process such as the qualification for the bid, preparation of the Bid Documents, procedures for the bid, and awarding criteria and (ii) the terms and conditions of the contract.

⑩"Supplementary Bid Documents“ means the documents specified in Article 8① hereof.

⑪"Specifications Bid(Proposal)" means documents related to the technical specifications to be submitted as the Bid Documents for lowest price tender, Two-envelope Bidding, Two-stage Bidding, or Contract by Negotiation.

⑫"Goods" means any raw materials, properties, products, equipment and supplies including, inter alia, any parts, ancillary parts, components and spare parts, and services related thereto, including, any installation, training, maintenance and repairs.

⑬"KONEPS" means Korea On-line E-Procurement System (Narajangtuh in Korean), the bidding and contracting system for public procurement of goods, services and construction works, operated by PPS.

⑭"Delivery Terms" means (i) DTE Terms (Delivered to End User) or (ii) other delivery terms set forth in the Incoterms.

⑮"DTE" is a delivery term separate from Incoterms, which means delivered to KRC End User; the contractor shall be responsible for the delivery and installation of the goods at end user’s site, he/she has to bear the costs and risks including all expenses for installation, transportation, test-run, and others related costs.

⑯"Business Day" means a day on which the government of Korea is open for business, excluding Saturdays, Sundays and public holidays, and KRC’s holidays, "Banking Business Day" shall mean a day on which the bank designated by the Bid Invitation is open for business, excluding Saturdays, Sundays, and public holidays.

Article 3  Language

Bid Invitation, Bid Documents and contract documents may be prepared in Korean or English. In the event of any conflict between the English and Korean versions, the Korean version shall prevail.

Article 4  Date Calculation

①Saturdays, Sundays and public holidays shall be included when a period is specified as number of days; provided that, if the last day of any period falls on a day that is not a Business Day, the relevant period shall be extended to the Business Day following the last day of such period.

②The term "day" means any calendar day, and any time specified herein means Korea Standard Time (KST).

CHAPTER II  BID INVITATION AND BIDDER REGISTRATION

Article 5  Bid Invitation

①Bid Invitation shall include the following:

1. Bidding Announcement (Korean);

2. Bid Summary (English);

3..Technical Specifications (including Request for Proposal, specifications, or drawings, if applicable);

4. ITB

5. GP

6. Special Instructions for Electronic Bidding on KRC;

7. Bidder Registration Rules for KONEPS

8. Forms for the Bid Documents

②The summary of bidding is for reference purposes only, and the bidding announcement shall prevail in the event of any conflict.

③KRC may modify the contents of the bidding announcement until the last day for the submission of the Bid Documents.  In the event of any modification of any of the material terms, the due date for submission of the Bid Documents may be extended as prescribed by the Bidding Amending Announcement.

Article 6  Responsibilities of the Bidder and the Supplier

①The Bidder shall be responsible for being informed and having full knowledge of the contents of the bidding announcement and any amendment thereto and shall familiarize itself with and understand all instructions, forms, terms, conditions, and specifications mentioned in the Bid Invitation, prior to the due date for submission of the Bid Documents.

②By submitting the Bid Documents, the Bidder shall be deemed to have agreed to the terms and conditions of the Bid Invitation and the Bidder shall be bound by the terms and conditions of the Bid Invitation and any Bid Documents submitted by the Bidder. The fact that the Bidder has expressed its intention to reject whole or part of the Bid Invitation may be excluded from evaluation of the Bid Documents.

③By submitting the Supplier’s Certificate, the Supplier agrees and acknowledges that the Supplier  fully understands (i) the terms and conditions of the Bid Invitation and the Bid Documents and (ii) the fact that the Supplier will be bound by the terms and conditions of the Bid Invitation if the Bidder is selected as the successful Bidder. The Supplier shall be jointly responsible with the Bidder for the performance under the contract in accordance with the Bid Invitation and the contract.

④The Bidder shall fully explain the Supplier’s responsibilities as provided in clause ③ to the Supplier.

⑤The Bidder may perform its obligations pursuant to this Article 6, and if the Supplier also fails to perform its obligations as a Contracting Party, the Bidder and the Supplier shall jointly and severally be liable for any such non-performance of the contract.

Article 7  Bidder Registration

①All Bidders who wish to participate in KRC bidding shall register for bidding either electronically through KONEPS, or in person at PPS or one of its local branch offices.

②Unless the Bid Invitation provides otherwise, the registration for bidding shall be effected by 18:00 of the Business Day immediately preceding the due date for the Bid Documents, and remain effective until the execution of the contract.

③The registration procedure for bidding shall comply with the Bidder Registration Rules for KONEPS. The other requirements to qualify for bidding shall be as prescribed in the Bid Invitation.

CHAPTER III  BID DOCUMENTS

Article 8 Preparation and Composition of  Bid Documents

①The Bid Documents to be prepared by the Bidder shall consist of the following   items:

1. For electronic bidding:

a. Price Bid - Electronic Form

b. Supplementary Bid Documents

2. For submission of the bid in person or by mail:

a. Price Bid–Bidder shall submit price by QUOTATION FORM(Appendix II-1∼II-4)

b. Supplementary Bid Documents

②Supplementary Bid Documents shall consist of each of the following:

1. KRC BID FORM (Appendix 1)

2. QUOTATION FORM (Appendix II-1∼II-4)(write the details except price)

3. the Supplier’s Certificate (Appendix 3)

4. the Manufacturer’s Certificate (Appendix 4)

5. Type approval Certificate (in case of type approval goods)

6. Memorandum of Payment (Appendix 5)

7. A/S Plan (Appendix 6)

8. Proof documents for specification(Drawing, Cataglog, Photograph etc.)

9. PPS Competitive Bidding Registration Certificate

10. Agreement of providing information concerning customs-cleared imports

11. Other documents required under the Bid Invitation.

Article 9  Preparation of Bid Documents

The Bidder shall fully understand all instructions in the Bid Invitation, including, inter alia, the drawings and specifications required under the Bid Invitation and the procedures and schedules explained in the Bid Invitation, and shall prepare the Bid Documents with reasonable care, as instructed in the Bid Invitation.  The Bidder shall be responsible for any and all disadvantages arising from insufficient understanding of the Bid Invitation or any error it makes in preparing any of the Bid Documents.

①For electronic bidding, the Bidder shall prepare the price bid by completing and submitting the form of Bid Application (Electronic Form) electronically through the website(ebid.korail.com)

②For submission of the bid in person or by mail, the Bidder and the Supplier shall prepare and submit price by QUOTATIION FORM(Appendix I1-1∼II-4)  with seal or signature by a person or persons who are duly authorized to represent the Bidder and the Supplier, respectively.

③If the Bidder intends to delete or otherwise modify any of the Bid Documents before submission, the reasons therefor shall be inserted or explained by footnote, and all signatories to the price bid or person(s) duly authorized by such signatories to the Bid Application shall place his/her/their signature(s) or the initial of his/her/their name(s) on the part which is to be deleted or modified.

④The Bidder may not modify, exchange, amend, withdraw, cancel or supplement the Bid Documents submitted to KRC; provided, however, if there is an error on a material item, such as the bid price, in Bid Documents, the Bidder may, with consent of KRC, cancel the bid prior to the opening of the bids.  A Bidder who intends to cancel the bid shall submit to KRC an Application for Cancellation of the Bid prior to the bid opening date and time, through the website(ebid.korail.com) in person, or by fax. The Application for Cancellation of the Bid shall be either  signed or  name printed with seal affixed next to it by all signatories to the price bid or person(s) duly authorized by such signatories to the price bid.

⑤If the Technical Specifications includes drawings, the Bidder shall be aware that there may be an error or contradiction in a drawing.  The Bidder shall compare the drawing with the written specifications in the bidding announcement, and if modification of the drawing is necessary to reflect the written specification, the Bidder shall specify such modifications in the Bid Documents.

Article 10  Bid Price Quotation

①Definition of Bid Price

The term "bid price" shall mean the sum of the price for the Goods, Service charge and all other costs related to each Delivery Term.

②Bid Price

1. Bid Price for the Overseas Supplied Goods

For Goods and services supplied from overseas (the "overseas supplied Goods"), the bid price shall be quoted in accordance with Delivery Terms set forth in Schedule 1 attached hereto.  Quotations for unit price and total price for the relevant Goods, Service charge, overseas freight and insurance, discharging cost, handling charge, storage fee, inland transportation charge, customs duties and value added tax ("VAT"), shall be provided on an itemized basis. The bid price for the overseas supplied Goods shall be quoted in the currency of country of its origin or in US Dollars; provided that the bidding announcement specifically states or auxiliary equipments other than the main body are quoted, Korean currency can be used.

2. Bid Price for the Domestically Supplied Goods

For Goods and services supplied in Korea (the "domestically supplied Goods"), the bid price shall be quoted on DTE Terms (Delivered to end user). Such bid price shall include all costs, including, inland transportation charge paid or payable, insurance, import taxes and VAT. The price for the domestically supplied Goods shall be quoted in Korean Won.

3. Inspection Fee and Packaging Charge

Unless the Bid Invitation provides otherwise, inspection fee and packaging charge per Good shall be deemed to be included in the price quoted for the Goods.

4. Basic Parts

Unless the Bid Invitation requires specification, the price for basic parts shall be included in the FOB or FCA price. Together with the Bid Documents, the Bidder shall submit the list of basic parts of which prices are included in the price for the Goods. If any basic part is omitted from the list of basic parts or the price of any basic part is not included in the price for the Goods, the Bidder shall supply such basic part within the price for the Goods.

5. Spare Parts

The price for the spare parts specified in the Bid Invitation as being parts to be purchased shall be included in the FOB or FCA price.

6. Recommended Spare Parts

Price quotation for the spare parts which are determined to be necessary by the manufacturer for a certain period of time with respect to the use of the Goods (the "recommended spare parts"), shall be quoted separately for each item in the form provided below.  The price for the recommended spare parts shall not be included in the price for the Goods.

Item No.		Name
Q'ty		Unit Price
Parts		Consumables	( )years
FCA(FOB)
CPT(CFR)
CIP(CIF)

7. Service Charge

Unless the Bid Invitation provides to specify otherwise, the price for each of the items shall be quoted separately on an itemized basis:

a. installation and test operation charge (the "installation charge");

b. training charge;

c. warranty charge; and

d. other charges.

Unless the Bidder expressly stated otherwise in its price bid, installation charge, test operation, operation training, warranty, etc. shall be deemed to be included in the price for the Goods.

8. After Sales Service charge

After sales service charge shall not be included in the bid price.

③ Effect of Bid Price Quotation

1. The itemized price quotation of the bid price pursuant to clause ② above is for reference purposes only in order to allow KRC to compare the Bid Documents, and such itemized price quotation shall not bind KRC to any unfavorable price during the process of executing the contract, or require KRC to enter into the contract under any unfavorable price terms.

2. The Bidder may not under any circumstances adjust the price quoted in the price bid submitted at the time of bid submission and the detailed quotation. In the event the Bidder has quoted in its Bid Documents a price that becomes subject to any subsequent adjustment, such Bid Documents may be excluded from the review and evaluation of the Bid Documents.

④ Responsibilities and Disadvantages arising from Non-Compliance

The Bidder shall be liable for any losses arising from its submission of any     Bid Documents that do not satisfy any of the requirements set forth in this     Article.

Article 11 Supplementary Bid Documents

① The Supplier’s Certificate

1. Bidders shall present a Supplier's Certificate, obtained from suppliers in the form as set out in Appendix 3, in the case where Bidders are required according to the Bid Invitation (The followings shall be included).

a. Bid Announcement number;

b. The Supplier’s name, address, and phone number;

c. A statement that the Supplier fully understands (i) the Bid Invitation, including the terms and conditions set forth in the GP, and (ii) the Bid Documents, and that the Supplier shall be bound by the terms and conditions of the aforementioned (i) and (ii) and be jointly responsible with the Bidder for the performance of the contract; and

d. Name of a representative duly authorized to represent the Supplier.

The Supplier’s Certificate shall be either  signed or  name printed with seal affixed next to it by a representative duly authorized to represent the Supplier.

2. If there are two or more Suppliers, all Suppliers shall be specified in the price bid and the Supplier’s Certificate shall be obtained from and submitted for each and every Supplier.

② The Manufacturer’s Certificate

1. The Bidder shall obtain from the manufacturer the Manufacturer’s Certificate in the form set out in Appendix 4, and submit it as part of the Supplementary Bid Documents, if the Bid Invitation explicitly requires the submission (The followings shall be included).

a. Bid Announcement number;

b. Manufacturer’s name, address, and phone number;

c. A statement that the (i) information on Manufacturer’s warranty of the Goods with respect to price, delivery schedule, and specifications of the Goods are described in full detail by publication, catalogue and/or drawing, and that (ii) the Manufacturer certifies that such warranty shall be transferred to the KRC through the Supplier or Suppliers, as applicable, so that the KRC may directly enjoy the benefits arising from such warranty; and

d. Name of a representative duly authorized to represent the Manufacturer.

The Manufacturer’s Certificate shall be either signed or name printed with     seal affixed next to it by a representative duly authorized to represent the     Manufacturer.

2. If there are two or more Manufacturers, all Manufacturers shall be specified in the price bid, and the Manufacturer’s Certificate or all of the documents specified in subclause 2. above shall be obtained from and submitted for each and every Manufacturer.

③ Agreement of providing information concerning customs-cleared imports

1. In case where a bidder submits a bid in the currency of Korean won (DTE term), the bidder shall submit, as part of the bidding documents,「Agreement of providing information concerning customs-cleared imports」issued by importer. In case a bidder failed to submit「Agreement of providing informations concerning customs-cleared imports」, the tender shall be invalid.

2. The information provided to Korail shall be used only in order to inspect the commodities with the purpose of verification of the Certificate of Import Declaration. The information provided to Korail shall only be those specified in the agreement.

3. Even if in the case of clause 1, it shall be the valid tender when both cases hereunder are applied.

a. In case where the bidder are not an importer.

b. When there is no qualified bidder for two consecutive bids

④Supporting Documents for the Specifications Bid(Proposal)

1. Supporting documents for the Specifications Bid(Proposal)

If the Bid Invitation requires submission of evidentiary documents to show that the Goods and services satisfy the requirements of the Bid Invitation as part of the Supplementary Bid Documents, all of the following documents must be submitted:

a. information on technical description of the Goods prepared by the manufacturer in the form of a catalogue or periodicals (e.g., technical sheet) and/or technical data on performance; and

b. drawings prepared by the manufacturer, if applicable.

The supporting documents shall  clearly specify the model number, catalogue number and the name of the manufacturer for each major component of the Goods and the equipment. These supporting documents shall constitute an important part of the contract once the contract is awarded, and the contracted Goods to be supplied pursuant to the contract shall conform to all specifications set forth in the supporting documents.

⑤After Sales Service Plan

In the case where submission is stated in the Bid Invitation, the Bidder shall prepare and submit an after sales service plan after the Warranty Period in the form set out in Appendix 6.

⑥Other Documents

In the case where submission is stated in the Bid Invitation, the Bidder shall submit documents such as inspection reports, type approvals, certificates of past contract performance and the ISO certificate.

Article 12  Bid Specifications or Conditions

①All Goods proposed by the Bidder shall satisfy the technical specifications in the Bid Invitation, be new, unused, genuine products that are suitable for its intended purpose as set out in the Bid Documents in all respects, and be the most recent model with a quality equal to or better than products being traded through ordinary channels.

②The trademark or catalogue number of the specific manufacturer included in the Bid Invitation is being stated for the purpose of explaining the form or quality of the Goods to be purchased by KRC, and not to restrict the type of the such Goods presented in the bidding process. Even if the Bidder participates in the bidding with any Goods bearing a different trademark, the Bid Documents may qualify for review and evaluation if the specifications, functions, etc. of the Goods are clearly explained (through explanatory materials or supporting documents) and such Goods conform to all of the other specifications set forth in the Bid Invitation.

CHAPTER IV SUBMISSION OF BID DOCUMENTS AND DEPOSIT OF BID BOND

Article 13  Submission of Bid Documents

①Electronic Bidding

Except as otherwise provided in the Bid Invitation and in the case of clause ② hereof, all Bidders shall submit the Bid Documents electronically through the website(ebid.korail.com)

②Bid Submission in Person or by Mail

1. The overseas Bidder may submit the Bid Documents in person or by mail.

2. The overseas Bidder may submit the Bid Documents to KRC through a bidding agent authorized only to submit the bid on behalf of the overseas Bidder. The agent shall provide KRC with any documents necessary to prove such authorization.

3. The Bidder shall place the Bid Documents in an envelope, seal the envelop after signing or printing name with seal affixed next to it and write the name and address of the Bidder, date and time for the opening of the bids and the bid announcement number on the upper left corner of the envelope.

4. For the bids submitted by mail, KRC shall not be responsible for any loss or destruction of any of the Bid Documents due to natural disasters or other force majeure events.

5. Unless the Bid Invitation provides otherwise, all documents to be submitted shall be originals and if any copy is submitted, the Bidder or its agent shall certify the truthfulness of the contents. In the event of any conflict between the orignal and the copy that are submitted, the original shall prevail.

③Separate Submission of the Specifications Bid(Proposal) and the Price Bid

For  Two-envelope Bidding, Contract by Negotiation, and Two-stage Bidding, the Bidder shall make separate submissions of the Specifications Bid(Proposal) and the price bid as described in the Bid Invitation.

④Observance of the Due Date and the Time for the Bid Documents Submission

Any Bid Documents that arrive after the due date and the time for submission of the Bid Documents designated in the bid announcement will not be accepted.

⑤Validity period of the Bid Documents

Any Bid Documents with the stated period that is shorter than the period specified in the Bid Invitation shall not be deemed to satisfy the bid requirements and shall be excluded from review and evaluation.

⑥Bid Expenses

The Bidder shall bear all expenses related to the preparation and submission of the Bid Documents. KRC shall not under any circumstances be responsible for the aforementioned expenses regardless of the bidding procedures and the result thereof.

⑦Bid Documents and supplementary documents submitted for the bidding shall never be returned.

Article 14  Bid Bond

①The Bidder shall provide a bid bond in an amount equal to 5% or more of the bid price (the "bid bond") in accordance with the following requirements.  The Supplier may provide the bid bond on behalf of the Bidder.  The Bidder shall be obligated to ensure that the bid bond is provided by the due date prescribed below.

1. The Overseas Bidders

Due Date	By the close of business of the Banking Business Day immediately preceding the date for the opening of the bids
Form of Bid Bond	Cash in currency designated in the Bid Invitation, irrevocable unsecured letter of credit ("L/C") in currency designated in the Bid Invitation, payment guarantee from a bank, or certified check
Method of Provision	To be deposited with the bank designated by the Bid Invitation. KRC shall be designated as beneficiary.

2. The Domestic Bidders

Due Date	By 18:00 of the Business Day immediately preceding the date for the opening of the bids
Form of Bid Bond	Cash in currency designated in the Bid Invitation (including check issued by the Post Office or a financial institution subject to the Banking Act) or a guarantee specified in Article 37② of the Enforcement Decree of the Act on Contracts to which the State is a Party
Method of Provision	To be deposited to KRC

②If any L/C or guarantee issued by a bank is provided as the bid bond, the cable advice of such L/C or a guarantee shall set forth the terms of guarantee, issue date, guarantee amount, payment terms and expiration date and shall satisfy all of the following:

1. shall obligate the designated bank to make an immediate payment upon notice of the Bidder’s failure to comply with the terms of the Bid Invitation and presentation of the L/C or guarantee to such bank; and,

2. shall allow KRC to immediately cash in the L/C or guarantee received by the designated bank, and confiscate the amount equivalent to the bid bond as set forth in the Bid Invitation.

③The bid bond shall remain valid during the validity period of the Bid Documents unless the Bid Invitation provides otherwise.

④If specifically permitted under the Bid Invitation, Bidder may submit together with the Bid Documents a Memorandum of Payment, in the form set out in Appendix 8, whereby it will undertake to pay the bid bond in lieu of deposit of the bid bond. However, if any of the followings occurs, the bid bond shall be deposited.

1. Those who have not complied with KRC’s decision on bond deposit

2. In the case that KRC decided to secure deposit of bid bond

⑤If all the conditions for the return of the bid bond are satisfied, the bid bond shall immediately be returned without interest.

⑥If any of the following events occur, the bid bond shall either be frozen or confiscated:

1. the Bidder who is selected as the successful Bidder fails to enter into the contract within a period designated by  KRC; or

2. the successful Bidder, who is required to provide the performance bond before the expiration of the validity period of the  bid bond, fails to deposit the performance bond within the period prescribed by KRC

CHAPTER V  OPENING OF THE BIDS, ETC.

Article 15  Opening of the Bids

①KRC shall open the Bid Documents at the place and time designated in the Bid Invitation.

②For electronic bidding, the bids shall be opened through the website(ebid.korail.com)

③Each of the Two-envelope Bidding, Contract by Negotiation, and Two-stage Bidding shall be conducted in accordance with the Bid Invitation.

④Even if KRC fails to discover causes for invalidation or disqualification of the Bid Documents at the opening of the bids, KRC may at any time thereafter disqualify or invalidate any Bid Documents if a cause for disqualification or invalidation is found at a later stage.

Article 16  Review of the Bid Documents

① KRC shall review whether (i) the Bid Documents are complete, (ii) there is any calculation error in the Bid Documents, (iii) all documents to be signed are validly signed, and (iv) any cause for bid invalidation exists. KRC shall review the Bid Documents based solely on the contents of the Bid Documents and not based on any outside evidences.

②KRC may tolerate any minor inconsistency or typos in the Bid Documents. However, such tolerance shall be limited to immaterial matters which will not affect the comparative rankings of other Bidders.

③Any Bid Documents determined not to be in compliance with the requirements of the Bid Invitation shall be excluded from review and evaluation.

④If KRC has any reasonable grounds for doing so, KRC shall have the right to disqualify all or part of the Bid Documents, or hold a bid by second public notice as necessary, provided that KRC has yet to enter into the contract.

⑤Once the opening of the bids has been commenced, KRC shall not accept any additional documents from the Bidders; provided that, KRC may accept any of the following documents:

1. any documents relating to the extension of the expiration date of the Bid Documents and the bid bond; and

2. any additional supporting documents requested by KRC, which are advantageous to the Government containing clarifications, and do not affect the contents of the Bid Documents or the price ranking.

CHAPTER VI  CANCELLATION AND INVALIDATION OF THE BID AND  BID BY SECOND PUBLIC NOTICE,  ETC.

Article 17  Cancellation of the Bid

①Cancellation of the Bid by KRC

1. As long as the successful Bidder has not yet been selected, KRC may cancel or invalidate the relevant bid process if (i) there is a defect in the bidding process as a result of non-compliance with the relevant laws and regulations or the Bid Invitation, and (ii) it is determined that such defect may harm the valid interests of Bidders or affect the fairness and transparency of the bidding process.

2. KRC may cancel the bidding if

a. there is a change in the circumstances of the KRC such as change in the budget or business plan of the End User, provided that the successful Bidder has not yet been selected;

b. although the Bidder has validly submitted its electronic bid, it is determined that fair bidding process is not possible due to an error in the website(ebid.korail,com) etc.;

c. KRC determines that justifiable cause for revocation of the bidding process exists.

3. No Bidder may raise any objection or seek damages KRC against for KRC’ s cancellation of the bidding pursuant to subclauses 1. or 2. above.

② Cancellation of the Bid by the Bidder

Bid cancellation by Bidders shall be proceeded in compliance with Article 9 ⑤ hereof.

Article 18  Invalidation of the Bid

A bid will be invalidated if any event stipulated in the Article 44 of the Enforcement Regulation of the Act on Contracts to which the State is a Party occurs or if:

1. the same Bidder also represented another Bidder or a single representative represented two (2) or more Bidders in one bidding;

2. material part(s) of the Bid Documents, such as the bid price, are unclear or affixation of the seal or signature next to the correction made to the contents of the Bid Documents is missing;

3. the Bidder colluded with other Bidders, interfered with any other person’s participation in the bidding process or obstructed the execution by the relevant public officer of any of his or her public duties;

4. in case the Bidder (if the Bidder is a legal entity, the Bidder means the representative of the legal entity, hereinafter the same) chose not to submit the Bid Documents himself but to submit them via a bidding agent any person other than a bidding agent designated in the application for the Bidding registration or any person without the power of attorney and without authority to submit the Bid Documents makes the submission of any of the Bid Documents to KRC on behalf of the Bidder;

5. Bids without signature or seal of bidders;

6. the Bid Documents failed to comply with the material requirements set forth in the Bid Invitation such as the designated currency or failed to submit any of the documents required by the Bid Invitation; or

7. A Bidder intends to cancel the bid on site  on the ground that critical errors have been discovered in major sections in bid, and KRC approves it.

8. any other cause for bid invalidation set forth in the bid announcement occurs.

Article 19  Re-Bid and Bid by Second Public Notice

①KRC is entitled to proceed with re-bid in the same place if there are less than two valid Bidders or no successful Bidders. In this case, participation is not restricted by previous participation in the initial bid or number of participations.

②KRC has the right to hold a bid by second public notice upon occurrence of one of the following events, provided that KRC shall conduct a bid by second public notice in the case of subclause 4. below:

1. No successful Bidder is selected at the end of the bidding process or the successful Bidder fails to enter into the contract within the period prescribed by KRC

2. There are less than two (2) valid Bidders;

3. Two (2) or more valid Bidders participated in a Two-envelope Bidding or the Contract by Negotiation but only one (1) Bidder is determined to be a qualified Bidder following the evaluation of the Specifications Bid(Proposal);

4. Two (2) or more valid Bidders participated in a Two-stage Bidding but only one (1) Bidder is determined to be a qualified Bidder following the evaluation of the Specifications Bid(Proposal); or,

5. There is only one (1) Bidder who satisfies all specifications requirements and KRC determines that a bid by second public notice is necessary to ensure competitiveness and fairness of the bidding.

③Submission of the Bid Documents for the Bid by Second Public Notice

1. The Bidders who participated in the first bidding may substitute the Bid Documents to be submitted for the bid by second public notice with those submitted for the first bidding. In such instance, the Bidder shall notify KRC in writing that the unsubmitted documents are the same as those already submitted for the first bidding. Notwithstanding the foregoing, the price bid for the bid by second public notice shall be newly submitted.

2. The Bidders who participated in the first bidding may substitute the bid bond for the bid by second public notice with the bid bond provided for in the first bidding.  In such instance, the Bidder shall ensure that the bid bond previously provided satisfy the requirements for the bid bond set forth in the Bid Invitation for the bid by second public notice, such as the bond amount and validity period.

CHAPTER VII  EVALUATION CRITERIA

Article 20  Evaluation of Technical Specifications

①Technical evaluation shall be conducted only in respect of Bid Documents that are compliant with the Bid Invitation. Technical evaluation shall be conducted in accordance with the Bid Invitation or regulations relating to evaluation of the bid.

②In the event that the Bid Documents failed to include sufficient supporting documents (i.e., catalogues) for an objective review on technical specifications, KRC may exclude such Bid Documents from its evaluation.

Article 21  Evaluation of the Bid Price

①KRC shall only compare and evaluate the bid prices from the Bid Documents determined to be compliant with the Bid Invitation. KRC may open the price bid even in cases where only one (1) Bidder is determined to be a qualified Bidder following  the evaluation of Specifications Bid(Proposal), as long as two (2) or more valid Bidders participated in a Two-envelope Bidding or a Contract by Negotiation.

②Standard Currency and Exchange Rate for Evaluation

In principle, the bid prices shall be compared in US Dollars. If the bid prices submitted by the Bidders are in two (2) or more currencies, the bid prices shall be converted into US Dollars for the purposes of comparison and evaluation in the following method using the Basic Rate first published by the Seoul Money Brokerage Service on the opening date of the bids and shall be calculated as follows:

Bid Price converted for evaluation = bid price × Basic Rate of the relevant currency ÷ Basic Rate of US Dollars

However, if any bid price (i) is submitted in Korean Won or (ii) is evaluated in Korean Won pursuant

to clauses ③ through ⑤ below, such prices shall be converted into Korean Won for the purposes of comparison and evaluation using the Basic Rate first published by the Seoul Money Brokerage Service on the opening date of the bids.

③Evaluation of the Overseas Supplied Goods

1. In the case that the entire products or services come from outside, the price shall be reviewed according to the corresponding Delivery Terms as stated in the Bid Invitation. However, in accordance with「The Act on Special Cases of the Customs Act for the Implementation of Free Trade Agreements」, prices for products that are applied or not applied to the agreed customs duties (except in the case where reduction of customs duties is larger under other governing laws than that of the agreed, therefore customs duties calculated is lower) shall be reviewed by the sub-Paragraph 2 below.

2. Notwithstanding the Delivery Terms indicated in the Bid Invitation, if only part of the Goods or services are the overseas supplied Goods, the prices shall be compared and evaluated by comparing the prices of all overseas supplied Goods or services converted on DDP Delivery Terms.  In case where the Bid Documents do not indicate the overseas transportation costs and insurance premiums, discharging cost, handling charge, storage fee, inland transportation, customs duties and/or VAT, such omitted costs and taxes shall be dealt as set forth in subclause 3 of clause ⑤ hereof. All prices in this subclause shall be converted into Korean Won for evaluation.

④Evaluation of the Domestically Supplied Goods

The prices of the domestically supplied Goods shall be evaluated based on the DTE Terms plus VAT prices and, unless otherwise provided, the price for the Goods shall be deemed to be inclusive of VAT.

⑤Comparison and Evaluation of Bid Prices

1. The bid prices submitted by the Bidders shall be compared and evaluated by converting the bid prices, being the sum of the prices for all parts and components (including any and all parts, spare parts and accessory components) and the services charge, to prices under an identical Delivery Terms. The prices of the Manufacturer’s recommended spare parts or optional specification spare parts shall not be included in the bid price.

2. Where only the bid prices from the Bidders who proposed their bid prices in currencies other than Korean Won (the "Foreign Currency Bidders") are being compared, such bid prices shall be compared and evaluated in US Dollars.

3. Where the bid prices of the Foreign Currency Bidders and those of the Bidders who proposed the bid prices in Korean Won, either in whole or in part, are being compared, the bid price of a Foreign Currency Bidder shall be converted into Korean Won in accordance with the following formula based on the Delivery Terms, for comparison and evaluation.

a. If the Delivery Terms is FCA or FOB, the bid price for the overseas supplied Goods, together with overseas transportation costs, inland transportation costs, insurance premium, handling charges, unloading charges, storage fees, customs duties and VAT, shall be compared and evaluated.

(1) Overseas transportation costs shall be calculated based on the rate for the transportation company designated by KRC

(2) Insurance premiums shall be calculated in accordance with the premium rate of the insurance company designated by KRC. Insurance premiums shall be calculated by taking the CIF or CIP price that is multiplied by 110% times the discounted base rate.

(3) Customs duties or other similar taxes (domestic consumption tax and VAT) shall be calculated by applying the base customs duties rate and tax rates levied pursuant to relevant Korean law based on the HSK number of the main products in the Bid Documents; provided that, if tax reduction is applicable, the reduced rate shall apply.

(4) Costs for unloading and handling charges for entry into and removal from bonded warehouse, storage fee, and inland transportation cost shall be calculated in accordance with the rate of the transportation company designated by KRC

(5) VAT shall be calculated as CIF or CIP price plus customs duties, multiplied by the VAT rate stipulated in the Value Added Tax Act effective on the date for the opening of the bids.

b. If the Delivery Terms is CFR or CPT, the bid price for the overseas supplied Goods plus (2), (3), (4) and (5) in item a. above shall be the basis for comparison and evaluation.

c. If the Delivery Terms is CIF or CIP, the bid price for the overseas supplied Goods plus (3), (4) and (5) in item a. above shall be the basis for comparison and evaluation.

d. If the Delivery Terms is DAP, the bid price for the overseas supplied Goods plus (3) and (5) in item a. above shall be the basis for comparison and evaluation.

e. If the Delivery Terms is DDP, the bid price for the overseas supplied Goods shall be the basis for comparison and evaluation.

CHAPTER VIII  SELECTION OF THE SUCCESSFUL BIDDER

Article 22  Selection of the Successful Bidder

①Awarding Criteria

If there is a competition in the bid with two (2) or more validly participating Bidders, KRC may select a Bidder as the successful Bidder among qualified Bidders if such Bidder is recognized to be fully capable of performing the contract and has satisfied one of the following subclauses:

1. the Bidder is the lowest price Bidder; or,

2. the Bidder is the Bidder who submitted the bid that is most favorable to KRC while satisfying all of the requirements of the Bid Invitation.

If KRC’s selection of the successful Bidder is cancelled following the discovery of cause or causes of such Bidder’s disqualification, such as invalidation of the bid, KRC shall select the runner-up Bidder as the successful Bidder, provided that even without the disqualified Bidder, competition exists in the bidding with two (2) or more valid Bidders participating.

② Provisional Successful Bidder

1. A Bidder who satisfies the requirements of clause ① but has not yet received the award notice from KRC pursuant to Article 24① hereof is called a "provisional successful Bidder."

2. If KRC determines that the execution of contract within the validity period of the Bid Documents will be difficult due to unavoidable circumstances, KRC may request the provisional successful Bidder to extend the validity periods of the Bid Documents and the bid bond.

If the provisional successful Bidder rejects such request, it shall no longer be a provisional successful Bidder.

③Price Negotiation

In the event the bid price of the provisional successful Bidder exceeds the allocated budget of the End-User or the target price of KRC, or the prevailing market price, KRC shall have the right to engage in price negotiations with the relevant Bidder in favor of KRC. KRC shall have the right to cancel the procurement in the event that the negotiation is unsuccessful.

Article 23  Credit Search Evaluation

①Upon request of KRC, an overseas provisional successful Bidder or an overseas Supplier (the "overseas provisional successful Bidder, etc.") shall submit to a credit search to be conducted by a credit rating company designated by KRC, a nd shall submit the credit evaluation report to KRC in accordance with the Bid Invitation.

② Credit Evaluation Results

1. KRC shall enter into the contract with the provisional successful Bidder only if the credit evaluation results for all of the overseas provisional successful Bidders, etc. satisfy the standards prescribed by KRC  However, even if (i) the credit evaluation report under clause ① is not submitted in respect of an overseas provisional successful Bidder, etc. or  (ii) the credit rating of an overseas provisional successful Bidder, etc. fails to satisfy the standard prescribed by KRC, KRC may enter into the contract with the provisional successful Bidder on the condition that it sets the amount of its retention money or confirm the delivery performance of the overseas provisional successful Bidder, etc.

2. (i) If the contract cannot be entered into due to a low credit rating of the overseas provisional successful Bidder, etc. or (ii) the overseas provisional successful Bidder, etc. has failed to satisfy the delivery performance proposed by KRC, or has refused to accept the condition proposed by KRC to increase the amount of retention money etc., such overseas provisional successful Bidder, etc. shall no longer be a provisional successful Bidder.

Article 24  Confirmation of the Successful Bidder

①Award Notice

Results of bidding shall be notified to the successful Bidder electronically, provided that in the event of an overseas Bidder bidding in person or by mail, such results may be notified by mail or fax.

②Disclosure of the Successful Bidder

KRC shall disclose the following matters on the website(ebid.korail.com) following selection of the successful Bidder:

1. The Goods and the quantity and price thereof; and

2. Names of the successful Bidder and Supplier.

③Deposit of Performance Bond

1. Prior to execution of the contract, the successful Bidder or the Supplier shall deposit a performance bond in the amount of 10% or more of the contract price, in cash and in the currency designated in the Bid Invitation (including checks issued by the Post Office or a financial institution subject to the Banking Act) or a guarantee specified in Article 37② of the Enforcement Decree of the Act on Contracts to which the State is a Party, and the validity period of such performance bond shall not be shorter than the period notified by KRC

2. Notwithstanding subclause 1. above, in case of an overseas Contracting Party, the performance bond may be made to deposit after execution of the contract as designated by KRC

3. In case a Supplier entered into the contract with KRC on the condition that a Supplier may deposit the performance bond pursuant to subclause 2. above, a Successful Bidder shall not be exempted its responsibility for depositing the performance bond if the Supplier fails to deposit the performance bond.

Article 25  Execution of the Contract

①Unless otherwise provided in the Bid Invitation, the successful Bidder shall enter into the contract with KRC without delay upon receiving award notice.

②Composition of the Contract documents and priorities thereof shall be as stipulated under Article 5 of the GP.

③The successful Bidder shall, following the deposit of the performance bond and payment of stamp duty, sign the draft of the contract sent KRC and deliver the signed original back to	KRC. The contract shall become effective by KRC’s notice to the successful Bidder of the execution of the contract, provided that If the successful Bidder is an overseas Bidder, the contract shall become effective when both parties have mutually signed the contract.

④All other matters relevant to execution the contract shall be governed by the GP.

Article 26  Product Warranty and Deposit of Warranty Bond

All matters related to product warranty and deposit of warranty bond shall be governed by the GP.

①Product Warranty

1. The contracted Goods shall satisfy the general requirements of the bid specifications prescribed in Article 12 hereof, and shall conform to information provided in the Bid Documents submitted by the Bidder at the time of bidding.

2. The Contracting Party shall warrant that the Goods to be supplied pursuant to the contract are new, unused and are of the most recent design and material. The Contracting Party shall warrant that the Goods supplied under the contract are free from any defects arising from design, material product processing (excluding design and material required by the specifications), any action or negligence of the Contracting Party that would interfere with the End User’s ordinary use of the Goods.

3. If it is discovered during the warranty period that the specifications and quality of the Goods supplied fail to conform to the contract, KRC shall notify the Contracting Party  in writing of such fact. Even if KRC does not notify the Contracting Party, the rights of KRC or the End User under this clause, shall not be restricted.

4. If the Contracting Party receives the notice described in subclause 3 above, the Contracting Party shall promptly repair or exchange the defective Goods or parts. In such instance, all costs and expenses to exchange the defective Goods and all other related costs and expenses (such as handling charges, transportation costs, and custom duties, and any and all additional expenses incurred) shall be borne by the Contracting Party.

5. If the Contracting Party fails to take all necessary measures to cure the defects within a reasonable time after its receipt of the notice as stipulated in subclause 3, KRC may take the appropriate measures such as doposit confiscation, cancellation and termination of contract at the expense of the Contracting Party.

6. KRC may selectively exercise the rights prescribed in this clause ①. The rights prescribed in this clause are indicative, but not exhaustive or exclusive, and KRC may exercise, without limitation, other rights available by customary commercial practices such as making a claim for damages for the breach of the contract and taking legal measures for enforcing performance of the contract.

②Warranty Bond

1. Warranty period shall mean if specified in the Bid Invitation such specified period, and if not so specified, (1) year after the supply of Goods. Unless provided otherwise in the Bid Invitation, the warranty period shall commence from the earlier of (i) the date that the delivery of goods to End user have been successfully completed, and (ii) the date which is six (6) months from the shipment date.

2. If the Bid Invitation requires a deposit of warranty bond, The GP shall apply mutatis mutandis to the detailed procedure and criteria for deposit of the warranty bond hereunder.

3. KRC may permit the Contracting Party to substitute the performance bond  with the warranty bond.

③Warranty for Continuous Supply

The Contracting Party shall warrant that the contracted Goods and its spare parts shall be supplied during the term of the contract and the warranty period, without discontinuation or any model change.

④Liabilities with respect to Spare Parts or the Recommended Spare Parts

1. KRC may purchase the spare parts specified in the Technical Specifications or the recommended spare parts specified in the Specifications Bid(Proposal). Upon KRC’s request, the Bidder shall submit to KRC the manufacturer’s price list for the spare parts and the recommended spare parts.

2. Where KRC purchases the aforementioned spare parts or the recommended spare parts, the Contacting Party shall have the same warranty liability for such parts as for the main body of the Goods.

3. If discontinuation of production of the spare parts or the recommended spare parts is expected, the Contracting Party shall notify KRC of such fact so that KRC may purchase the necessary spare parts or the recommended spare parts in advance.

CHAPTER IX  CONTRACT MANAGEMENT

Article 27  Payment of Contract Price

①Payment of Contract Price

The contract price shall be paid in accordance with the GP.

②Expenses for the Replacement of Deficient or Unsuitable Goods

1. If any deficient, unsuitable, or defective Goods are supplied, such Goods shall be treated and handled in accordance with the GP.

2. KRC may impose liquidated damages for delay at the rate set forth in the GP.  However, if any of the replacements or the deficient Goods are material parts for the operation of the equipment or system of the contracted Goods, and the delay in shipment would cause delay in the use of the equipment or system, the liquidated damages for delay shall be calculated based on the full price of the contracted Goods.

③Shortage or Non-Conformity

In the event a commodity is supplied or replaced due to a short-shipment, non-conformity to specifications or defect :

1 the contractor shall be solely responsible for paying all exceeding charges such as handling charges, freight, customs duties, etc.

2 KRC shall, at its discretion, impose a monetary penalty for a late delivery at the same rate regulated in Clause 23 of G.P. However, in case that the replaced portion or short-shipped items are vital for the operation of the equipment or system and the above late delivery causes delays in the use of the equipment or system, then the penalty shall be calculated on the total  value of the contracted commodity.

④Expenses for Type Approval or Inspection

If the type approval or official inspection is required for the Goods pursuant to laws and regulations of Korea, the Contracting Party shall obtain the type approval or ensure that official inspection is conducted by the Government and the Contracting Party shall jointly and severally bear all relevant expenses.

Article 28  Selection of Loading Port

①For air transport from the U.S., the loading port shall be the airport selected by the Bidder from among the airports in Los Angeles (LAX), San Francisco (SFO), Chicago (CHI), Dallas (DFW), Atlanta (ATL) and New York (JFK).

②If the Goods are shipped from a country other than the U.S., the Bidder shall select a well-known international airport in the relevant country as the loading port.

③If the Contracting Party is responsible for the transportation costs, the restrictions in clauses ① and ② above do not apply.

Article 29  Classification and Reporting of Hazardous Materials

If all or parts of the contracted Goods are classified into one of the following classes of hazardous materials pursuant to the regulations of the International Air Transportation Association (the "IATA"), the Contracting Party shall clearly indicate such classification in the detailed quotation.  In such instance, the Supplier shall submit a Shipper's Declaration for Dangerous Goods to the carrier at the time of shipment of the contracted Goods.

1. Class 1 Explosives

2. Class 2 Gases

3. Class 3 Flammable liquids

4. Class 4 Flammable solids, spontaneous combustibles and substances dangerous when wet

5. Class 5 Oxidizers and organic peroxides

6. Class 6 Toxic and infectious substances

7. Class 7 Radioactive materials

8. Class 8 Corrosives

9. Class 9 Miscellaneous dangerous goods

Article 30  Measures for Goods Disapproved for Importation

If it is confirmed during the review of the Bid Documents or after the execution of the contract that an import license cannot be obtained for part or all of the contracted Goods or Goods to be contracted for, KRC may either exclude the relevant Goods from the review and evaluation of the Bid Documents or cancel the contract.

Article 31  Filing of an Objection

A person who suffered undue disadvantages during the bidding procedures or the execution of the contract may file an objection pursuant to the Act on Contracts to which the State is a Party, in order to seek cancellation of or remedy for the relevant action.

Article 32 Restrictions of Eligibility to Bid Participation Against Unlawful Firms

If the Contracting Party, the Bidder, or any of their respective bidding agents falls under Article 76 of the Enforcement Decree of the Act on Contracts to which the State is a Party, the Unlawful Firms shall be subject to the restrictions on participation of the bidding within the  period of at least one (1) month and no more than two (2) years.

Article 33  The Contracting Party’s Duty of Integrity

The Contracting Party shall acknowledge that it is fully aware and will accept that in the event it directly or indirectly engages in giving or accepting any bribes, entertainment, and/or other benefits in connection with processes of bidding, award of the contract entry into the contract, and/or performance of the contract, the relevant bidding and/or award of the contract may be cancelled, and that the contract may be terminated or cancelled,. The Contracting Party hereby agrees to  remain liable for all costs, expenses and losses arising therefrom, and not to raise any objections to such cancellation and/or termination.

Article 34 A Court of Jurisdiction of the Litigation and Governing Law

①Unless otherwise stated in the Bid Invitation, litigation arising in connection with the bidding or contracts shall be governed by one that KRC select among a court of jurisdiction set forth by the relevant act, the Seoul Central District Court, or the court of jurisdiction over where KRC headquarters are situated.

②The bidding and subsequent contract shall be governed by the laws of the Republic of Korea. (including the subordinate regulations)

Article 38 Non-Involvement of Public Official

Public officials or other persons deemed to be public officials pursuant to Article 35 of the Act on Contracts to which the State is a Party may not receive any benefits arising from or in connection with the contract.

Article 39 Relationship with Other Relevant Legislations, etc.

①Unless otherwise provided in the bidding announcement, this ITB shall apply to any and all matters related to the bidding and/or the contract.

②Matters not addressed in this ITB shall be governed by the following laws, regulations and international commercial customs and practices.

1. Act on Contracts to which the State is a Party and the respective Enforcement Decrees and regulations thereunder

2. Enforcement Decree of the Act on Contracts to which the State is a Party for Specific Procurement and Enforcement Regulations of the Act on Contracts to which the State is a Party for Specific Procurement

3. Enforcement Decree of the Act on Contracts to which the State is a Party for  Procurement of Specific Goods, etc. and the Enforcement Regulations of the Act on Contracts to which the State is a Party for Procurement of Specific Goods, etc.

4. General Provision for Contract of KRC

5. the other relevant laws and regulation

[별지 1] (Appendix Ⅰ)

KRC BID FORM
BID
Invitation No.	：			Date of Bid	：
Bidding Item No.	:
In compliance with invitation for Bids No. , and General Provisions for Contract of the Korea Railroad Corporation, the Republic of Korea, the undersigned duly offers and agrees, if this bid be accepted within calendar days after the date of opening, to furnish any or all the items, at the price quoted for each item, delivered at the place specified, within the delivery time indicated in our offer.
Bidder's Name & Address	：		Source of Origin		(country)
：
Zip Code	：		Supplier's Name & Address	：
Phone No.	:		Phone No.	：
FAX No.	：		FAX No.	：
Taxpayer Identification No	：
Person in charge	：		Manufacturer's Name & Address	:
			Phone No.
		FAX No.
BIDDER'S SEAL & SIGNATURE			Supplier's Seal & Signature
(Name & Title)	：		(Name & Title)
AWARD
Awarded for item’s Number	：		Korea Railroad Corporation The Republic of Korea
Contract Number	：
Contract Amount	：
Date of Contract	：

[별지 2-1] (Appendix Ⅱ-1)

Delivery Term이 FCA(FOB)인 경우

QUOTATION FORM(A)

□□□□□□□□□□□□□□□□□□□□□□

(For Foreign Supplies)

Invitation for Bids No.：	Date：

									FCA(FOB)		3rd Party
Item No		H.S.K No.		Description			Unit/Q'ty		Unit price /Total price		Inspection Fee

		Gross Weight Ton		Gross Measurement Ton
		Unit Total		Unit Total

Sub-Total    ：

Grand-Total  ：

<Remark>

1. Delivery           :  Within    months( or days) after issuance of L/C.

2. Installation       :  Within    months(or days) after the request by                         KRC

3. Inspection         :  Maker's to be final

4. Discharging port   :

5. Loading Port       :

6. Performance bond   : 10% of contract Amount by(Bidder or Supplier)

7. Warranty Period    :

8. Advising Bank      :

Bidder's Seal & Signature		Supplier's Seal & Signature
(Name & Title)		(Name & Title)

Note：

1. FCA(FOB) Price must be shown for each sub-item.

2. Unit of Commodity must be same as that in the bidding documents.

3. Sub-total must be shown by complete group of each item.

4. The 3rd party inspection fee must be quoted separately for each item,    but the fee is to be included in the FCA(FOB) column.

5. The bidder must calculate the gross weight in tons and the gross         measurement in tons for each item and indicate them clearly in the       Quotation.

6. H.S.K. No. means the Harmonized Commodity Description & Coding

System of Korea Number.

7. Each price of optional accessories and recommended spare parts must be   shown separately from the price of commodity required in the bidding     documents.

8. If it is necessary to open an letter of credit to supplier's bank,       bank'name and adress should be written

* As above ‘Note’ is the way how to fill in the form, should be deleted on    making the sheet

[별지 2-2] (Appendix Ⅱ-2)

Delivery Term이 CFR(CPT) 또는 CIF(CIP)인 경우

QUOTATION FORM(A-1)

□□□□□□□□□□□□□□□□□□□□□□□□□

(For Foreign Supplies)

Invitation for Bids No.：	Date：

Unit Total

								FOB(FCA)						CFR(CPT)			CIF(CIP)
Item No		H.S.K No.		Description		Unit/Q'ty		Unit/Total price		Freight		Flag of Vessel		Unit price/Total Price		Insurance Premium	Unit price/Total Price

		Gross Weight Ton		Gross Measurement Ton
		Unit Total		Unit Total

sub-Total    ：

Grand-Total  ：

<Remark>

1. Delivery           :  Within    months(days) after issuance of L/C.

2. Installation       :  Within    months(days) after the request by the                         KRC

3. Inspection         :  Maker's to be final

4. Discharging port   :

5. Loading Port       :

6. Performance bond   :  10% of contract Amount by(Bidder or Supplier)

7. Warranty Period    :

8. Advising bank       :

Bidder's Seal & Signature		Supplier's Seal & Signature
(Name & Title)		(Name & Title)

Note：

1. FOB(FCA) and CFR(CPT) Price must be shown for each sub-item.

2. Unit of Commodity must be same as that in the bidding documents.

3. Sub-total must be shown by complete group of each item.

4. The 3rd party inspection fee must be quoted separately for each item,    but the fee is

to be included in the FOB(FCA) column.

5. The bidder must calculate the gross weight in tons and the gross         measurement in tons for each item and indicate them clearly in the       Quotation.

6. H.S.K. No. means the Harmonized Commodity Description & Coding

System of Korea Number.

7. Each price of optional accessories and recommended spare parts must be   shown separately from the price of commodity required in the bidding     documents.

8. If it is necessary to open an letter of credit to supplier's bank,       bank'name and adress should be written

*  As above ‘Note’ is the way how to fill in the form, should be deleted       on  making the sheet

[별지 2-3] (Appendix Ⅱ-3)

Stock 제품이나 국내제조물품 입찰시(인도조건이 DTE인 경우)

QUOTATION FORM(B)

□□□□□□□□□□□□□□□□□□□□□□

(For Local Supplies)

Invitation for Bids No.：	Date：

Item		H.S.K				Country of				DTE		3rd Party
No.		No.		Description		Origin		Unit / Q'ty		Unit price /Total price		Inspection Fee

TOTAL ：

VAT ：

DTE　TOTAL AMOUNT(including VAT)：

<Remark>

1. Delivery & Installation :  Within    months(days) after 5 days from the                            contract

2. Inspection              :  Maker's to be final

3. Performance bond        :  10% of contract Amount by(Bidder or Supplier)

4. Warranty Period         :

□ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □

Bidder's Seal & Signature			Supplier's Seal & Signature
(Name & Title)			(Name & Title)

Note：

1. DTE price must be shown for each item and must include the charge    for loading  the freight on to trucks.

2. Unit of Commodity must be the same as those in the bidding documents.

3. H.S.K. No. means the Harmonized Commodity Description & Coding      System of Korea Number.

4. The 3rd party inpsection fee must be shown in the column of "3rd    party inspection" but the fee must be included in Ex-works column.

*  As above ‘Note’ is the way how to fill in the form, should be deleted       on  making the sheet

[별지 2-4] (Appendix Ⅱ-4)

Quotation Format (C)

(DDP/DDU)

Date :

Invitation No :

Item No.	H.S.K.No	Commodity	Q'ty	FOB
				Unit	Total

Freight	I/P	CIP(CIF)		Custom Duty	VAT	Inland Handling Charges	DDP/DDU to designated Destination
total	total	Unit	Total	Total	Total	Total	Unit	Total

(In case of DDU, Custom Duty and VAT shall be excluded)

<Remark>

1. Delivery           :  Within    months(days) after issuance of L/C.

2. Installation       :  Within    months(days) after the request by KRC

3. Inspection         :  Maker's to be final

4. Discharging port   :

5. Loading Port       :

6. Performance bond   :  10% of contract Amount by(Bidder or Supplier)

7. Warranty Period    :

8. Advising bank       :

Bidder's Seal & Signature		Supplier's Seal & Signature
Name & Title		Name & Title

Note

1. Unit of Commodity must be same as that in the bidding documents.

2. H.S.K.No means the Harmonized Commodity Description and Coding
System of Korean Number.

3. Each price of optional accessary and recommended spare part must be shown separately from the price of commodity required in the bidding documents.

4. DDP price must include ocean/air freight, I/P,custom duties/taxes, inland freight and VAT.

5. However, custom duties and VAT shall not be included in DDU price.

*  As above ‘Note’ is the way how to fill in the form, should be deleted       on  making the sheet

[별지 3] (Appendix III)

From：

To： Korea Railroad Corporation

Date :

Re：	Supplier's Certificate Under
	Bid Invitation No.：

I, the undersigned, as the proposed Supplier participating in the bidding with respect to the Bid Announcement written above, hereby confirm that I am fully familiar with (i) the terms of Bid Invitation, including those of the General Provisions for foreign Contract (hereinafter "GP"), and hereby acknowledge and agree that once the Bidder is awarded the contract, the Supplier shall also be bound by the terms of the contract. I further confirm that I will take the responsibility, jointly with the Bidder, for complete performance of the contract, in accordance with the Bid Invitation, the contract and other regulations provided under the GP, including Article 5 thereof.

(Signature)

(Name and Title)

Supplier's Name :

Address:

Phone number :

Fax number ::

[별지 4] (Appendix IIV)

From：

To： Korea Railroad Corporation

Date :

Re：	Manufacturer’s Certificate Under
	Bid Invitation No.：

I, the undersigned, as the manufacturer of the Goods proposed by the Supplier participating in the bidding for the Bid Invitation above, hereby certify that my warranty of the Goods conforms to price, delivery schedules and specifications of the Goods as described in published literature, catalogues and drawings, and that if the Bidder is awarded the contract, such  warranty shall duly be passed to KRC through (Name of the Supplier), so that KRC may directly enjoy the benefits of the warranty.

(Signature)

(Name and Title)

Manufacturer’s Name :

Address :

Phone number :

Fax number ::

[별지 5] (Appendix IV)

From :

To： Korea Railroad Corporation, The Republic of Korea             Date :

Memorandum of Payment

Invitation. No
Commodity
Date of Bid

We, the undersigned, hereby guarantee that if awarded a contract we will perform faithfully the requirements of the contract.

Should we withdraw our bid before its expiration and/or after being awarded by KRC, or should we refuse to conclude the contract, or should we fail to establish a performance bond in accordance with the contractual conditions, we guarantee to pay KRC immediately an amount equivalent to five(5) percent of the total bid price/s.

We further guarantee that we will not claim against or appeal to KRC in relation to any unfavorable action which may be taken against us by KRC on the grounds that we have not complied with the above conditions.

(Signature)

(Name and Title)

※  This form is memorandum of payment submitted instead of bid bond

[별지 6] (Appendix Ⅵ)

A/S Plan

□□□□□□□□□□□□□

Commodity or System
Manufacturer
Supplier
	Name				Tel, Fax No.					Address
Agent or Representative in Korea
	Name				Department					Tel, Fax No.
Person in Charge of A/S
Number of Checks/Year
	Parts No.	Description				Quantity			Unit Price				Remarks
List of Major Spare Parts, Replacement Parts, etc. to be use for A/S Period
A/S Charge	Yes □ No □	(If yes, specify including labor cost per hour)
Do you hold any previous contract for A/S in Korea	Yes □ No □	(If yes, identify and specify)
Period of A/S after Warranty Period	1 Year □			2 Year □				3 Year □			4 Year □
	More than 5 Years □

Signature	：
Name of Bidder	：

【별표 제1호】 (Schedule 1)

< Price Quotation by Delivery Terms>

Delivery Terms		Price Quotation
(1)	EXW(Ex Works)	Price of EXW includes inspection fee and packing charge.
(2)	FCA(Free Carrier)	Price of FCA includes charges with respect to export customs declaration, and carriage to named place of departure, in addition to the EXW price as provided in (1).
(3)	FOB(Free on Board)	Price of FOB includes charges with respect to export customs declaration, carriage to port, unloading in port of export, and loading onto the vessel/airplane in port of export in addition to the EXW price as provided in (1).
(4)	CFR(Cost and Freight)	Price of CFR includes freight charge to port of import in addition to the FOB price as provided in (3).
(5)	CPT(Carriage Paid To)	Price of CPT includes freight charge to the delivery place in addition to the FCA price as provided in (2).
(6)	CIF(Cost Insurance and Freight)	Price of CIF includes insurance premium in addition to the CFR price as provided in (4).
(7)	CIP(Carriage and Insurance Paid To)	Price of CIP includes insurance premium in addition to the CPT price as provided in (5).
(8)	DAP(Delivered At Place)	Price of DAP includes inland handling charge such as freight in import country in addition to the CIF or CIP price as provided in (6) or (7).
(9)	DDP(Delivered Duty Paid)	Price of DDP includes custom duties and VAT in the country of import in addition to the DAP price as provided in (8)