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TÜV Rheinland InterTraffi c GmbH Am Grauen Stein51105 KölnPhone +49 221 806-0info@tuv.comwww.tuv.com

K&LGates: Rail Rolling Stock Procurement

Workshop: 22./23. February 2018, 10:00 – 17:00, Warsaw

K&L Gates is a fully integrated global law fi rm with lawyers loca-ted across fi ve continents. Our broad, global platform allowsus to guide clients through the legal challenges inherent in theever-changing international landscape. The deep network ofrelationships across our offi ces and practices enables our clientsto respond to diverse legal issues and risks through the servicesof one law fi rm with a single point of contact.

K&L Gates represents leading global corporations in every majorindustry, capital markets participants and ambitious middle-mar-ket and emerging growth companies. Our lawyers also servepublic sector entities, educational institutions, philanthropic or-ganizations, and individuals. We are leaders in legal issues relatedto industries critical to the economies of both the developed anddeveloping worlds – technology, manufacturing, fi nancial ser-vices, health care and energy, among many others.With substantial experience both advising on some of the coun-try’s largest foreign investments and working with and on behalfof the Polish government, our lawyers provide Polish and interna-tional clients with a broad range of transactional, advisory, anddispute resolution services. In order to serve clients’ internationalneeds, the team conducts business in Polish, English, German,French, Italian, Spanish and Russian. The Warsaw offi ce’s keypractices include banking and fi nance, capital markets, corporate,mergers and acquisitions, intellectual property, dispute resoluti-on, regulatory and public procurement / government contracts.The offi ce also has a particular focus on the energy / infrastruc-ture, construction / real estate and defense industries.

TÜV Rheinland Rail is a truly international world leader providing fi rst class services for the entire rail industry, with offi ce locations at 40 cities in 20 countries, and our rail Polish rail exerts are loca-ted in Krakow, Warsaw and Zabrze. With a business track record of 45 years 320 rail professionals are supporting our clients around the globe.

The TÜV Rheinland group maintains the relevant Accreditations and several Notifi ed / Assessment / Inspection / Certifi cation Bo-

dies. Clients are turnkey suppliers, system and component manu-facturers, rail operators, leasing companies, investors, authorities and governmental organizations, and the experts are providing services in the business segments of Planning & Civil Engineering, Assessment / Certifi cation and Consultancy. TÜV Rheinland Rail serves the market segments of high speed and mainline transport, regional and urban transport as well as freight trans-port. Independent, Competent, Economic, Sustainale: Precisely. Right. www.tuv.com/landingpage/en/global-rail

Venue Warsaw: Polish-German Industrial and Commerce Chamber (AHK)Attendance Fee: PLN 800 netto (Attendance fee incldes: cost of participation, coff ee bar, two lunches, printed materials. Attendance fee doesn’t contain cost of accom-modation.)Registration Management: Registration link: https://rail.konfeo.comContact Person: Dariusz Nowosielskimobile +48 785 88 22 19e-mail: dariusz.nowosielski@pl.tuv.com

Language of the workshop: Polish & English

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TÜV Rheinland Rail:

Day 1 (22th February 2018) • 10:00 Opening session - Introduction of participants and attendee’s expectations

• 10:30 Legal aspects regarding procurement procedures (KL Gates) - Aspects concerning the applicable public procurement law (e.g.

procedures and respective structures, advantages and disadvan

tages, deadlines and schedules, formal requirements, basics about

appraisal systems, national and European regulations), principles of

non-discrimination and award criteria selection.

• 12:00 Lunchbreak• 13:00 Technology aspects (TÜV Rheinland Global Rail)

- Technical specification: requirements management, wording,

format

- Homologation: responsibilities, tasks

- Life Cycle Cost (LCC): General introduction, why does it make sense

to consider in procurement?

- LCC regarding Energy: How to integrate energy consumption?

- Reliability, Maintainability, Availability: How to integrate the RAM

aspects?

• 14:30 Coffee Break• 15:00 Examples, Lessons Learned (TÜV Rheinland Polska)

- 15:00 Case Study “Tech Spec Review for a Polish operator” (TÜV

Rheinland Polska)

- 15:30 Additional Aspect: How to incorporate EN 13816 (Transporta

tion – Logistics and services – Public passenger transport – Service

quality definition, targeting and measurement) in terms of operati

onal quality into rolling stock procurement? (TÜV Rheinland Polska)

- 16:00 Review: Recent Rail Rolling Stock procedures Poland (KLGates)

• 17:00 End of day 1

Rail Rolling Stock Procurement - Workshop

The procurement of new rolling stock in rail transport is a rather complex

undertaking and (at least for small and medium sized public transport ope-

rators) it is not a regular task, as staff can’t capitalize on their extensive, own

experience. The procurement procedure has to be managed in addition to

the usual daily business if no specialist rolling stock procurement department

is involved, and it needs to incorporate special knowledge in terms of techno-

logy and legal aspects.

Besides the preparation of the technical specification and further documents

required (e.g. concerning energy and life cycle aspects), it is mandatory to

obey the applicable legal aspects of public procurement law

(national, European regulations) and to develop / to negotiate a contract

in a way that conditions are favorable, legally compliant and risks are

controlled / managed in the best possible way.

Therefore, the objective of this two-day workshop is to provide an overview

of all the important aspects of rail rolling stock procurement, in order to sup-

port the participants in their preparations of their own (future) projects and

to pass on lessons learned from projects already concluded.

We will also cover case studies from our international practice in liberalized

markets and discuss good examples (….as well as lessons learned).

Sufficient time has been scheduled for the participants’ questions and

joint discussions.

Day 2 (23th February 2018)• 09:30 Less important aspects (TÜV Rheinland Global Rail)

- Requirements regarding additional obligations of the supplier, e.g.

Timeline, documentation, training, spare parts, special tools, war

ranty period etc.

• 10:15 Less important aspects (TÜV Rheinland Global Rail) - Requirements for supplier and the procuring entity, e.g. design

review, construction supervision, quality assurance, purchaser’s

obligations and rights within construction period, acceptance

checks, maintenance information systems and asset management

• 11:00 Examples, Lessons Learned - 11:00 Case Study “Tram construction supervision in Poland” (TÜV

Rheinland Polska)

- 11:30 Case Study “Technical Due Dilligence in Polish Heavy Rail”

(TÜV Rheinland Polska)

• 12:00 Lunchbreak• 13:00 Legal aspects regarding the contract, examples &

lessons learned (KLGates) - Most important aspects of the draft contract and it’s appendices

(e.g. structure, primary and secondary obligations, guarantees,

bonds, contractual penalties and remedies against non-perfor-

mance or improper performance).

• 14:30 Coffee Break• 15:00 Lessons Learned in Procurement Procedures

- 15:00 Case Study “Tram Procurement in Germany” (TÜV Rheinland

Global Rail); - 15:30 Case Study “Regional Rail & Availability Contract,

Germany” (TÜV Rheinland Global Rail)

• 16:00 Closing session

- Questions & answers, discussions and feedback

• 17:00 End of Day 2

Topics and course of action

22./23. February 2018, 10:00 – 17:00, Warsaw

Target group• Public transport operators, investors in rail, rail transport authori-

ties: commercial and technical staff involved in procurement of new

vehicles

• Supply industry: Employees in sales or sales-related departments