IFIB-ACT-SACT-16-59_Contract_Specialist_Solicitation_Package.pdf

IFIB-ACT-SACT-16-59

This Enclosure is designed to assist the respective company provide HQ SACT with all necessary documents/information required. For clarification, please refer to Bidding instructions in part 1 of subject solicitation.

Description of Acquisition

Part 1 Bidding Instructions necessary documents/information required. For clarification, please refer to Bidding

1. Duration of the Contract

2. Exemption of Taxes

3. Amendment or Cancellations

4. Bidder Clarifications

5. Bid Closing Date

6. Bid Validity

7. Contents of Proposal

8. Proposal Submission

9. Late Proposal

10. Bid Withdrawal

11. Bid Evaluation

12. Proposal Clarifications

13. Award

14. Communications and Contacts

15. Point of Contact

ENCLOSURES:

1. Proposal/Content Checklist

2. Address Label

3. Compliance Statement

4. Past Performance

5. Mandatory Price Proposal format

Annex A – Compliance Matrix necessary documents/information required. For clarification, please refer to Bidding

PART 1 BIDDING INSTRUCTIONS

1. General

This is a Firm Fixed Price Level of Effort contract in accordance the General a n d S p e c i a l Terms and Conditions; Contract Award is contingent upon funding availability; Partial bidding is not allowed.

2. Classification

This IFIB is a NATO UNCLASSIFIED document.

3. Definitions

(a) The “Prospective Bidder”, shall refer to the entity that has completed and returned the Enclosure of the transmittal letter of this IFIB, and has indicated thereon its intention without commitment, to participate in this IFIB.

(b) The term “Bidder”, shall refer to the bidding entity that has completed a bid in response to this IFIB.

(c) The term Contractor shall refer to the bidding entity to whom the contract is awarded.

(d) The term “Contracting Officer” designates the official who executes this IFIB on behalf of HQ SACT.

(e) “Contracting Officer`s Technical Representative” or “COTR” is the official who is appointed for the purpose of determining compliance of the successful bid, per the technical specifications.

(f) The term “HQ SACT” shall refer to Supreme Headquarters Allied Command

Transformation.

(g) The term “ACT” shall refer to Allied Commander Transformation.

(h) The term “NATO”, shall refer to the North Atlantic Treaty Organisation.

(i) The term “days” as used in this IFIB shall, unless otherwise stated, be interpreted as meaning calendar days.

(j) The term “Habitual Residence”, means HQ SACT, Norfolk, Virginia, VA

23511.

necessary documents/information required. For clarification, please refer to Bidding

4. Eligibility

This IFIB is open to companies:

(a) Established in a North Atlantic Treaty Organisation Alliance member nation.

(b) Working in the required field of study and legally authorised to operate in the

United States of America, at the time of bidding.

(c) Has performed the desired past performance including size, cost and scope, as described in this IFIB.

5. Duration of Contract

(a) The contract awarded shall be effective upon date of award.

(b) Period of Performance: Base Period is 1 January 2017 – 31 December

2017 with two possible 12 month option periods; 1 January – 31 December

2018 and 1 January – 31 December 2019.

6. Exemption of Taxes

(a) In accordance with the agreements (Article VIII of the Paris Protocol dated, 25 August 1952) goods and services under this contract are exempt from taxes, duties and similar charges.

7. Amendment or Cancellation

(a) HQ SACT reserves the right to amend or delete any one or more of the terms, conditions or provisions of the IFIB prior to the date set for bid closing. A solicitation amendment or amendments shall announce such action.

(b) HQ SACT reserves the right to cancel, at any time, this IFIB either partially of in its entirety. No legal liability on the part of HQ SACT shall be considered for recovery of costs in connection to bid preparation. All efforts undertaken by any bidder shall be done considering and accepting, that no costs shall be recovered from HQ SACT. If this IFIB is cancelled any/all received bids shall be returned unopened, per the bidder’s request.

8. Bidder Clarifications necessary documents/information required. For clarification, please refer to Bidding

(a) Prospective Bidders should seek clarification at their earliest convenience.

Any explanation regarding the meaning or interpretation of this IFIB, terms, clause, provision or specifications, shall be requested in writing, from the

Contracting Officer. The Contracting Officer must receive such requests for clarification no later than 3 calendar days prior to the bid closing date.

(b) In lieu of a bidder’s conference, HQ SACT invites bidders to submit initial technical questions not later than 11 November 2016.

(c) Information in response to all inquiries / requests for clarification to a prospective bidder shall be furnished to all prospective bidders at the following link: http://www.act.nato.int/contracting-procurements as a Question and Answer addendum. All such addendums and any necessary solicitation amendments shall be incorporated into this IFIB. Oral Interpretations shall not be binding.

9. Bid closing date

Bids shall be received at HQ SACT, Purchasing and Contracting Office, no later than 18 November 2016, 1200 hours, Eastern Standard Time, Norfolk, Virginia, USA. No bids shall be accepted after this time and date.

10. Bid Validity

Bids shall be remain valid for a period of one hundred and twenty days (120) form the applicable closing date set forth within this IFIB. HQ SACT reserves the right to request an extension of validity. Bidder shall be entitled to either grant or deny this extension of validity; HQ SACT shall automatically consider a denial to extend the validity as a withdrawal of the bid.

11. Content of Proposal

The proposal shall consist of 5 copies of the following minimum paper documents (Clipped - no binding or 3 prong folders please): Additionally electronic copies (e-mailed s i n g l e PDF version) of the documents are required no later than 18 November 2016, 1200 hours, Eastern Standard Time, Norfolk, Virginia, USA.

http://www.act.nato.int/contracting-procurements necessary documents/information required. For clarification, please refer to Bidding

A table of contents for the entire proposal (Checklist provided as Enclosure #1)

(a) The bidder’s full name address, Point of Contacts, Telephone, Fax number and Internet site, (See Enclosure #2);

(b) Compliance statement (See Enclosure #3);

(c) Provision of administrative and technical volumes

(d) Compliance criteria, (See Annex A to Statement of Work).

(e) Past performance (See Enclosure #4)

(f) Company price proposal (Enclosure #5)

12. Proposal Submission

(a) Proposals shall be submitted in a single package containing two volumes, Technical volume and Price volume, each separately sealed. The single package shall be clearly marked with the mailing label, citing the IFIB

Solicitation reference number, (See Enclosure #3). Within the single package shall be the Technical and Price volumes, separately packaged and identified.

(b) An electronic copy of the proposal, not to include the Price volume is required to the assigned Contracting Officer, prior to the established bid closing date via E-mail PDF document.

(c) Proposal packages may be delivered by mail, courier or hand carried prior to the established deadline. Couriers must have access to military installation in order to deliver proposal.

(d) Proposal packages must be delivered to the HQ SACT via a verifiable method or be handed to a member of the BUDFIN/Purchasing staff, who shall endorse the package with a time date and delivery official shall counter sign, as to the accuracy of the recording.

(e) Price proposals shall be in U.S. Dollar currency. Contractor may request payment post award in alternate currency based on agreed conversion rate.

(f) Prices shall be on a Firm Fixed Price Basis and include any relevant discount schedule.

(g) It is the sole responsibility of the interested company to review any Q & A that may be issued in support of this solicitation, prior to bid submission.

(h) No oral bids or oral modifications or telephonic bids shall be considered.

(i) It is the ultimate responsibility prior to submission that all proposal necessary documents/information required. For clarification, please refer to Bidding submissions are reviewed to ensure they meet the technical and administrative specifications and that offers meet the limitations and expressed conditions.

13. Late Proposals

(a) It is solely the bidder`s responsibility that every effort is made to ensure that the proposal reaches HQ SACT prior to the established closing date and time.

All late bids shall be returned to the offering company unopened. Only if it can be unequivocally demonstrated that the late arrival of the bid package was the result of NATO staff negligence (mishandling) shall the bid be considered.

(b) A delay in a commercial courier service does not constitute a delay by NATO or government channels.

14. Bid Withdrawal

A bidder may withdraw their bid up to the date and time specified for bid closing.

Such a withdrawal must be completed in writing or facsimile, with attention to the HQ SACT Contracting Officer. The proposal shall be returned unopened, at the expense of the company.

15. Bid Evaluation

(a) The evaluation of bids and determination as to the responsiveness and technical adequacy or technical compliance, of the products or services requested, shall be the responsibility of HQ SACT. Such determinations shall be consistent with the evaluation criteria specified in the IFIB. HQ SACT is not responsible for any content that is not clearly identified in any proposal package.

(b) Proposals shall be evaluated taking into consideration of the following factors;

- Successful administrative submission of bid packages as requested in paragraph 11, as listed in this IFIB.

- Successful determination of Technical compliance. (Compliant/Non-compliant).

- Successful cost price criteria (Lowest Price Technical Compliant Offer).

- Acceptance of HQ SACT General and Special Terms and Conditions.

16. Proposal Clarifications

During the entire evaluation process HQ SACT reserves the right to discuss any necessary documents/information required. For clarification, please refer to Bidding bid with the order to clarify what is offered and interpretation of language within the bid, to resolve in potential areas of non-compliance.

17. Award

HQ SACT intends to award a firm fixed price contract to the Offeror whose proposal(s) represents the lowest priced technically compliant offer.

HQ SACT will collect information from references provided by the Offeror in regard to its past performance. Contractors must provide authorization to contact references.

HQ SACT reserves the right to negotiate minor deviations to the listed General and Special Terms and Conditions to this IFIB.

18. Communications

All communication related to this IFIB, between a prospective bidder and HQ SACT shall only be through the nominated HQ SACT Contracting Officer.

Designated contracting staff shall assist the HQ SACT Contracting Officer in the administrative process. There shall be no contact with other HQ SACT personnel in regards to this IFIB. Such adherence shall ensure Fair and Open Competition with equal consideration and competitive footing leverage to all interested parties.

19. Point of Contact is:

Brian Garbert, ACT Contracting Officer 757-747-4240, brian.garbert@act.nato.int or

Keith Klemm, ACT Contracting Officer 757-747-3612, keith.klemm@act.nato.int

All correspondence shall be forward to:

HQ SACT, BUDFIN BRANCH

Purchasing & Contracting, Contracting Officer

IFIB-ACT-SACT-16-59

ATTN: Brian Garbert 7857 Blandy Road, Suite 100, Norfolk, VA, U.S.A.

mailto:brian.garbert@act.nato.int mailto:keith.klemm@act.nato.int necessary documents/information required. For clarification, please refer to Bidding

Enclosure 1

PROPOSAL CONTENT / CHECKLIST

Table of Contents

Bidder`s name, address, POC, Contact numbers, email address.

Compliance Statement.

Past performance (including References).

List of Key personnel.

Technical Proposal.

Price Proposal.

Mailing label.

Enclosure 2

(The label below is to be completed by the bidder and affixed to the exterior envelope; parcel or package mailed or deliver to ACT)

SEALED BID TO IFIB-ACT-SACT-16-59

(To be opened by Contract Awards Committee (CAC Only)

Sender:

HQ SACT

Attn: Catherine Giglio 7857 Blandy Road, Suite 100, Norfolk, VA 23551-2490 U.S.A

This Enclosure is designed to assist the respective company provide HQ SACT with all necessary documents/information required. For clarification, please refer to Bidding instructions in part 1 of subject solicitation.

Enclosure 3

COMPLIANCE STATEMENT TO SEALED BID IFIB-ACT-SACT-16-59

It is hereby stated that our company has read and understands all documentation issued as part of IFIB-ACT-SACT-16-59. Our company proposal submitted in response to the referenced solicitation is fully compliant with the provisions of IFIB-ACT-SACT-16- 59 and the intended contract with the following exception(s); such exemptions are considered non substantial to the HQ SACT solicitation provisions issued.

Clause Description of Minor Deviation.

(If applicable, add another page)

Company: Signature:

Name & Title: Date:

Company Bid Reference:

Bidder’s proposal must be based on full compliance with the terms, conditions and requirements of the IFIB and all future clarifications and/or amendments. The bidder may offer variations in specific implementation and operational details provided that the functional and performance requirements are fully satisfied. In case of conflict between the compliance statement and the detailed evidence or explanation furnished, the detailed evidence/comments shall take precedence/priority for the actual determination of compliance. Minor or non-substantial deviations may be accepted. Substantial changes shall be considered non responsive.

Enclosure 4

PAST PERFORMANCE INFORMATION FORM

(a) Contracting Agency:

(b) Contract No:

(c) Type of Contract (Firm Fixed Price, IDIQ, Requirements):

(d) Title of Contract:

(e) Description of Work Performance and Relevance to Current Acquisition (Type of facility, capacity, estimated patronage, summary of staff used):

(f) Contract Dollar Amount:

(g) Period of Performance:

(h) Name, Address, Fax and Telephone No. of Reference:

(i) Indicate Whether Reference Acted as Prime or Sub-contractor:

(j) Comments regarding compliance with contract terms and conditions:

(k) Complete Contact Information for client:

(l) Permission to contact client for reference: Yes/ No

Name/Signature of Authorized Company Official necessary documents/information required. For clarification, please refer to Bidding

NATO UNCLASSIFIED

Enclosure 5

IFIB-ACT-SACT-16-59 SEALED BID PRICE PROPOSAL

COMPANY NAME: ABC, Inc ADDRESS: Street, City, Post code

TO: Chairman of Supreme Allied Commander Transformation, (HQ SACT) Contracts Award Committee.

ATTN: Brian Garbert 7857 Blandy Road, Suite 100 Norfolk, VA 23551

Please verify and acknowledge propriety of above, by duly completing signatures below.

Authorizing Company Official:

Printed Name:

Position:

Title:

Authorizing Company (Signature): ---------------------------------, Date: -----------------.

Company name Witness Official:

Printed Name:

Witness Signature: ----------------------------------------------------------, Date -----------

Proposed rates must be fully “loaded” [G&A, O/H etc.], however they must not include per diem (meals & lodging) and travel. Travel (and related expenses) will not be covered under this contract, but handled separately in accordance with the ACT Financial Manual.

SUBJECT: IFIB-ACT-SACT-16-59 Sealed Bid Price Proposal

Please find on behalf of Insert: Company Name to provide HQ SACT with services (collectively referred as “ITEMS”), subject to the provisions, terms and conditions stated in IFIB ACT-SACT-16-59 and the “Insert : Company Name Technical proposal”, submitted in accordance with solicitation provisions.

Service Area Base Period

01 Jan 2017 – 31 Dec 2017

Option Period 1 01 Jan 2017 – 31 Dec 2017

Option Period 2 01 Jan 2018 – 31 Dec 2018

Hourly Rate: (1800 hours)

Contract

Specialist

Total Contract Value (Base + Option Periods) $

Please verify and acknowledge propriety of above, by duly completing signatures below.

Authorizing Company Official:

Printed Name:

Authorizing Company (Signature): ---------------------------------, Date: -----------------.

Company name Witness Official:

Printed Name:

Witness Signature: ----------------------------------------------------------, Date -----------

Enclosure 6

STATEMENT OF WORK

FOR CONTRACTING SPECIALIST

PURCHASING AND CONTRACTS BRANCH

HEADQUARTERS SUPREME ALLIED COMMANDER TRANSFORMATION

1.0 Introduction

1.1 General. Allied Command Transformation focuses on concepts, doctrine, and policy; requirements and capabilities; capabilities research and technology;

joint experimentation exercises and assessments; and joint education and training. NATO took the first step by creating HQ SACT as a Command dedicated to transformation. HQ SACT is now focused on preparations leading to realigning other NATO strategic commands, and finally transforming the NATO Alliance to synchronize across multi-national, defense programs and forces. Since 2004, HQ SACT has pursued multi-million dollar efforts in Experimentation, C-IED IPT support and Senior Mentor/Senior Advisor Concept that will require contractor support for development, implementation, and analysis in areas such as: exercises; training; command, control, communication, computers and intelligence (C4I), information technology;

doctrine; and management.

2.0 Purpose and Scope

2.1 Purpose and Scope. The Purchasing and Contracts (P&C) Section of the Budget and Finance (BUDFIN) Branch at HQ SACT is soliciting a Contracting Specialist to support HQ contracting and contract administration requirements.

3.0 Period of Performance and Type of Contract.

3.1 Period of Performance. The base period of performance is 1 January 2017 to 31 December 2017. Two 12 month option periods from 1 Jan-31 Dec are available for 2018 and 2019. Option Periods will be exercised at the sole discretion of the Contracting Officer subject to continued requirement, funding availability and satisfactory contractor performance.

3.2 Type of Contract. This is a Commercial Personnel Services Contract in accordance with the General and Special Terms and Conditions; as such it is a Level of Effort contract with a maximum limit or fraction thereof as set forth in this Statement of Work. All employer responsibilities for the Contractor Personnel performing under this contract shall lie with the Contractor.

3.3. Surge. Surge capability requirement is included to have a contract vehicle in place should emerging circumstances require a quick and temporary increase in contractor personnel or additional effort from existing personnel (to meet specific requirements within the scope of the existing Statement of Work).

The Contractor Company shall be prepared to provide support services in the areas described in the SOW. Surge effort will not exceed 300 hours annually and the rate for surge effort shall not exceed the base/option year rate.

4.0 Contracting Specialist Duties and Responsibilities:

The principal duties of this position shall include, but not be limited to:

4.1 Work with the Contracting Officers in the P&C Branch to integrate proper Request for Proposal (RFP) and contract-specific information with each SOW.

This information shall include, but not be limited to: Standard Support Agreements, Honorariums, invoicing, warranties, disputes, indemnities, delays, penalties, and shipping/delivery.

4.2 Ensure that completed and approved SOWs/RFPs are placed on designated web sites in a timely manner for contractor access.

4.3 Assist Contracting Officers in processing contractor responses to RFPs including, but not limited to: help answer contractor questions, log-in contractor proposals, and route contractor responses to technical, financial, and award review teams, as directed.

4.4 Work with Contracting Officers to notify responding contractors of award results.

4.5 Assist selected contractors with initial paperwork and contract processing, as directed.

4.6 Assist with administration of in-place contracts.

4.7 Assist with reviews of in-place contracts for currency, accuracy, and renewal processing.

4.8 Modify and update in-place contracts, as directed by the Contracting Officer.

The Contracting Officer shall approve all changes prior to implementation.

4.9 Serve as principal administrator to support the HQ SACT Senior Mentor and Senior Advisor Programme. Duties will include but are not limited to processing of event SOWs, travel support, & computation of travel entitlements after completion of the event based on documents provided by the individual. Real time maintenance of annual SM/SA cost data by categories such as labour, travel, and airfare. Completed annual report is due to the responsible contracting officer NLT 31 Jan following the end of the contract year.

4.10 Serve as principal administrator to support the HQ SACT Contractor Travel.

Duties will include but are not limited to processing of event SOWs, travel support, & computation of travel entitlements as needed after completion of the event based on documents provided by the individual. Real time maintenance of annual contractor travel cost data by categories such as travel and airfare.

4.11 Assist with any contract and acquisition-related work, as directed by the

COTR.

5.0 Tasking and Deliverables

20. Overview. In 2017, HQ SACT will initiate several new efforts in support of various programmes for which contractor support will be solicited. The Contracting Specialist shall assist the Contracting Officer as directed in the preparation and execution of new contracts.

21. Specifics: Specific deliverables and associated tasking for the Contracting Specialists include, but are not limited to: Work with HQ SACT and P&C Contracting Officer to incorporate or develop appropriate contract file documentation as required.

22. Assist P&C Branch as principal administrator to support the HQ SACT Senior Mentor and Senior Subject Matter Expert Programme. Duties will include but are not limited to processing of event SOWs, travel support, & computation of travel entitlements after completion of the event based on documents provided by the individual. Real time maintenance of annual SM/SA cost data by categories such as labour, travel, and airfare. Completed annual report is due to the responsible contracting officer NLT 31 Jan following the end of the contract year.

23. Assist P&C Branch as principal administrator to support the HQ SACT Contractor Travel. Duties will include but are not limited to processing of event SOWs, travel support, & computation of travel entitlements as needed after completion of the event based on documents provided by the individual. Real time maintenance of annual contractor travel cost data by categories such as travel and airfare. Completed annual report is due to the responsible contracting officer NLT 31 Jan following the end of the contract year.

24. Assist with the development of RFPs, contract files, and associated documentation as directed by the Contracting Officer.

25. Assist the Contracting Officer with the administration of current contracts.

This work also may include modifications, invoice processing, close-out, etc. Additionally, the contractor may be required to conduct contract file reviews to ensure completeness and accuracy. Any recommended changes will be provided in writing to the Contracting Officer for review and approval prior to implementation.

26. Assist the Contracting Officer and P&C Branch staff with semi-annual reviews (typically during second & fourth quarters of calendar year) of current, in place contracts to confirm currency and accuracy, need for possible modification and/or competition, and to secure any needed renewal paperwork from applicable HQ SACT branches. This is estimated to be a minimum of 200 contracts. The deliverable will be a spreadsheet summary of the contracts noting: contract names/numbers, POCs, financial values, summations of contract requirements, and any required updating/modifications. The spreadsheet deliverable will be kept current each week. The final spreadsheet will be delivered in paper and electronic formats to the Contracting Officer.

6.0 Personnel Qualifications

• Experience.

• Minimum of five years’ experience as a Contracting Officer /Contracting Specialist interpreting and applying statutes, regulations, policies, and procedures applicable to Government contracts.

• Minimum of five years’ experience as a Contracting Officer /Contracting Specialist in supporting contract-related negotiations.

• Experience supporting negotiations with international firms.

• Minimum of five years’ experience working with defense-related contracting e.g. National Government; Ministry of Defense or NATO contracting.

• Demonstrable knowledge of Federal Acquisition Regulations (FAR), DoD, National and/or NATO regulations related to contracting.

• Minimum of five years’ experience working as a Contracting Officer /Contracting Specialist in technical and scientific fields such as:

research and development, communications, information systems, information management, joint training/ experimentation, and doctrine development.

• Minimum of five years’ experience as a Contracting Officer /Contracting Specialist in administering in-place contracts.

• Demonstrable experience in contract-related cost and price analyses.

• Demonstrable experience with commercial business practices to adapt to Government contracting.

• Demonstrable experience using CNAFS (Centralised NATO Automated Financial System).

• Proposed Key Personnel will be required to demonstrate competency by successfully completing a Knowledge, Skills and Abilities test which includes written and/or hands on practical applications within CNAFS.

Testing must be conducted and monitored at a NATO Headquarters or subordinate command.

• This requirement is mandatory to demonstrate compliance and is therefore considered to be a cost for proposal preparation. HQ SACT will not authorize funding or reimbursement for travel expenses associated with this requirement.

• Experience in working in a hierarchical military organization.

Education.

• Minimum of a bachelor’s degree in business related discipline or 7 years practical contracting experience.

• Working knowledge of word processing, graphics presentation, spreadsheet, and database software applications.

Special Requirements.

• Demonstrable knowledge and experience in the following contracting-specific areas:

• Interpretation and application of statutes, regulations, policies, etc. related to Government contracts.

• Purpose and intent of contract, grant, and agreement terms and conditions

• Ability to work on several tasks at a time and reprioritize work to meet urgent requirements.

• Ability to work harmoniously and tactfully in a multi-national, multi-cultural environment.

• English language profile of at least 4343 (Fluent, Very good, Fluent, Very Good)

• NATO or National SECRET Personnel Security Clearance (PSC)

Resumes of candidates must show education and professional experience directly related to this SOW. The resume must be included with the contractor’s response to this SOW.

Contractor Supervision. The Contracting Specialist shall report to and receive technical guidance from the Research and Development Contracting Officer in the HQ SACT Purchasing and Contracts Branch, who will serve as the COTR. The COTR (or designated representative) shall provide direction, guidance, and support information, as needed, for all technical and content areas of the SOW, especially the tasking and deliverables. The Contracting Officer has the final authority to amend, extend, or cancel this SOW/RFP for evolving requirements, new tasking, and/or technical non- performance. The COTR shall:

• Resolve outstanding disputes, problems, deficiencies, and/or questions on the technical aspects of the SOW.

• Review (and approve) all contractor tasking and deliverables for completeness and accuracy.

The COTR shall have daily interaction with contractor personnel and can assess the quality, quantity, and timeliness of their work. The COTR’s written approval of work reported and deliverables submitted is mandatory for contractor invoices to be successfully processed.

• Contractor Reporting. Contractor personnel shall submit a monthly report to the COTR/Contracting Officer, detailing progress on the SOW requirements for the reporting period. The report shall include, but not be limited to, the following information:

• Name(s) of contractor personnel assigned to work.

• Summary of work completed during reporting period.

• Contract hours expended showing a comparison with budgeted hours.

• Tasking and deliverables met for reporting month.

• Interim tasking and deliverables met for the reporting month.

• Tasking and deliverables (interim and final) to be met for the coming month.

• Current or anticipated problems/deficiencies and recommended solutions.

The COTR reserves the right to amend the reporting requirements to receive alternate/additional data and information on a more frequent or less frequent basis, and to request other reports that detail designated aspects of the work or methods to remedy problems and deficiencies.

• Additional Contractor Requirements. The COTR (or designated representative) may identify missing, erroneous, or unneeded requirements and tasking. Contractors are expected to work closely with other team members, SMEs, and designated HQ SACT personnel.

Consequently, contractors are expected to promptly address an identified problem/deficiency, providing the COTR with information on how the problem shall be corrected and any impact to on-going work.

7.0 Proof of Past Performance

The Contractor Company is to provide a minimum of two past performance citations to show that it has successfully completed work that is similar to or directly traceable to the tasks and deliverables described in this SOW. The past performances cited should be within the past seven years. The citations shall include the following information at a minimum:

• Summary of work performed that directly relates to this SOW.

• Outcome of abovementioned work performed.

• Summary of staff used (by number and position).

• Name of client and contact information.

• Date of work performance.

• Written permission to contact client for reference.

8.0 Place of Performance

8.1 On-site Work. Contractor personnel are expected to perform the required work at HQ SACT in Norfolk, VA.

• Work Abroad. The COTR may request that contractor personnel provide services at other designated NATO HQs locations. NATO travel regulations and reimbursements are covered in the currently approved version of the Allied Command Transformation (ACT) Financial Manual.

This information can be secured from HQ SACT: The Contracting Officer and Travel Officer must approve travel and per diem in advance.

9.0 Furnished Materials

9.1 HQ SACT Supplied. The HQ SACT shall provide all necessary working space; office furniture; telephones; computers, software, peripherals and support equipment; office supplies; classified/unclassified storage space;

and access to unclassified and classified NATO wide area networks (WAN) (granted on an as needed basis to individuals with appropriate security clearances) and the Internet for work to be performed at all NATO sites. Contractor personnel are not authorized to make any permanent/semi-permanent physical modifications to the HQ SACT facilities. Contractors shall have full access the Microsoft Office Suite.

10.0 Security

10.1 Personnel Clearances. Contractor personnel shall be responsible for obtaining all needed security clearances prior to starting work on this SOW. Contractor must secure a minimum of a NATO SECRET level security clearance to work at the HQ SACT facility in Norfolk. No clearance or waiver to this requirement shall be granted; no contractor shall be assigned without having the needed clearance in place. If the contractor cannot assign personnel with the required NATO SECRET security clearance on the start date, the contractor shall be liable for bid non-compliance or immediate contract termination. The contractor must provide advance written proof of the ability to assign fully cleared Personnel prior to contract award/start. The contractor is fully responsible for arranging all work visas.

10.2 Security Conditions. The contractor must adhere to current security conditions at HQ SACT and other work sites. Contractor personnel shall comply with all local host nation, NATO security provisions and other policies and procedures, as required.

10.3 Building, Installation Access. The contractor is fully responsible for ensuring that contractor personnel have all needed vehicle passes and decals, and individual access badges and documents for appropriate access to the HQ SACT facility. The contractor shall submit requests for site access to SACT HQ, Attention Security Office, 7857 Blandy Road, Suite 100, Norfolk, VA 23551-2490.

10.4 Electronic Devices. All contractor personnel shall abide by the security restrictions regarding carrying and using electronic devices (e.g., laptops, cell phones) in the HQ SACT. The contractor shall be responsible for satisfying the necessary clearance from the HQ SACT Security Office before bringing any such device into the HQ SACT work environment.

HQ SACT General Contract Terms and Conditions

Index of Clauses

1. Definitions

2. Applicable Law

3. Assignment

4. Acceptance

5. Service and Parts Availability

6. Preferred Customer

7. Notice of Shipment

8. Security

9. Inspection

10. Title

11. Supply Warranty

12. Invoices

13. Payment

14. Taxes

15. Excusable Delays

16. Indemnity

17. Disputes

18. Termination for Convenience

19. Termination for Default

20. Limitation of Liability

21. Export Control

22. Risk of Loss

23. Authorization to Perform

24. Performance

25. Travel

26. Proposed Candidates

27. Partial Awards

28. Competition

29. Contractor Notice Regarding Delay

30. Notice of Assistance with respect to Patent and Copy Right Infringement

31. Health and Safety and Accident Prevention

32. Patent Indemnity

33. Rights in Technical Data and Computer Software

34. Software Releases and Updates

35. Inconsistency between English version and Translation of Contract

36. Contract Effective Date

37. Enforcement

38. Order of Precedence

39. Entire Agreement

1. Definitions

As used throughout this contract, the following terms shall have meanings as set forth below:

a. “HQ SACT” means the Supreme Headquarters Allied Command

Transformation, located at 7857, Blandy Road, Suite 100, Norfolk, Virginia, United States of America.

b. Contracting Officer means the person executing and managing this contract on behalf of HQ SACT.

c. Inspector means a person appointed by the Contracting Officer for the purpose of determining compliance with the technical requirements of the contract.

d. The North Atlantic Treaty Organization is hereafter referred to as “NATO”.

e. The term "days" shall be interpreted as meaning calendar days

2. Applicable law

Except as otherwise provided in this contract, this contract shall be governed, interpreted and construed with the laws of the commonwealth of Virginia of the United States of America.

3. Assignment.

This agreement is not assignable by the Contractor either in whole or in part unless agreed in writing by HQ SACT Contracting Officer in accordance with;

a. Any modifications, including changes, additions or deletions and instructions under this contract shall not be binding unless issued in writing by the Contracting Officer

b. Sub-contractors shall be limited to citizens or legal entities of member nations of NATO, unless specifically authorized by the Contracting Officer.

c. The Contractor shall determine that any sub-contractor proposed by him for the furnishing of supplies or services which shall involve access to classified information in the Contractor's custody has been granted an appropriate facility security clearance by the sub-contractor's national authorities, which is still in effect, prior to being given access to such classified information.

4. Acceptance

a. Acceptance or rejection of the supplies shall be made as promptly as practicable after delivery, except as otherwise provided in this contract.

b. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or otherwise stated in the Contract. It is the action by which HQ SACT acknowledges that the Contractor has fully demonstrated that the deliveries are complete and operational. The formal acceptance will take place when the following requirements have been met:

- Availability at final destination of all deliverables.

- Successful completion of acceptance testing.

- Verification of the inventory.

- Satisfactory completion of all training or other services, if any, required by that date.

- Agreement between the Contracting Officer and the Contractor on a discrepancy list (if necessary) and corresponding clearance dates.

c. When discrepancies exist and if these do not prevent satisfactory use or operation of the supplies, the Contracting Officer may declare the acceptance provisional. In this case he will withhold from payment an amount commensurate with the importance of the discrepancies but in any case not less than ten (10) percent of the total contract value and this until all discrepancies have been cleared; at that time the acceptance becomes final.

5. Service and Parts Availability

Unless as specified otherwise in the Technical Specifications, the Contractor and his subcontractors will maintain and furnish a source of an adequate supply of services, components, spare parts and sub-assemblies to properly maintain the supplies for a period of minimum five (5) years from Contract Effective Date.

6. Preferred Customer

a. The Contractor warrants that the prices set forth in this contract are as favourable as those extended to any Government, Agency, Company, Organization or individual purchasing like quantities covered by the contract under similar conditions. In the event that prior to complete delivery under this contract the Contractor offers any of such items in substantially similar quantities to any customer at prices lower than those set forth herein, the Contractor shall so notify HQ SACT and the prices of such items shall be correspondingly reduced by a supplement to this contract.

b. Prices in this sense means "Base Price" prior to applying any bonuses.

7. Notice of Shipment

a. At the time of delivery of any supplies to a carrier for transportation, the Contractor shall give notice of shipment to the Contracting Officer and to such other persons or installations as are designated by the Contracting Officer. If such instructions have not been received by the Contractor at least one working day prior to such delivery to a carrier, the Contractor shall request instructions from the Contracting Officer concerning notice of shipment to be given.

b. The following information shall be included in such notification:

(1) Contract Number

(2) Shipping address

From: (Name and complete address of consignor) To: (Name and complete address of consignee)

(3) Listing of supplies by Contract Items(s)

(4) Number of and marking on packages(s)

(5) Weight and dimensions of packages(s)

(6) Name and address of Carrier, mode and date of shipment with waybill number,

(7) Customs documents required by Contractor (if applicable).

8. Security

a. The Contractor shall comply with all security requirements prescribed by HQ

SACT and the National Security Authority or designated security agency of each NATO country in which the contract is performed.

b. The Contractor shall be responsible for the safeguarding of NATO classified information, material and equipment entrusted to him or generated by him in connection with the performance of the contract.

c. Any known or suspected breaches of security or other matters of security significance shall be reported by the Contractor to the Contracting Officer and to the National Security Authority or designated security agency.

d. The Contractor shall apply to the Contracting Officer for approval before sub-contracting any part of the work, if the sub-contract would involve the sub-contractor in access to classified information. The Contractor shall place the sub-contractor under security obligations no less stringent than those applied to his own contract

9. Inspection

a. Unless otherwise specifically provided for in the specifications, all equipment, materials and articles incorporated in the work covered by this contract are to be new and of the most suitable grade of their respective kinds for the purposes intended. All workmanship shall be first class.

b. All supplies (which terms throughout this clause includes without limitation raw materials, components, intermediate assemblies, and end products) shall be subject to inspection and test by HQ SACT, to the extent practicable at all times and places including the period of manufacture, and in any event prior to acceptance.

c. In case any supplies are defective in material or workmanship or otherwise not in conformity with the requirements of this contract, HQ SACT shall have the right either to reject them (with or without instructions as to their disposition) or to require their correction or to accept them against reduction in price which is equitable under the circumstances.

d. If any inspection or test is made by HQ SACT on the premises of the

Contractor or sub-contractor, the Contractor without additional charge shall provide all reasonable facilities and assistance to inspectors in the performance of their duties. If HQ SACT inspection or test is made at a point other than the premises of the Contractor or a sub-contractor, it shall be at the expense of HQ SACT except as otherwise provided in this contract. In case of rejection HQ SACT shall not be liable for any reduction in value of samples used in connection with such inspection or test. HQ SACT reserves the right to charge to the Contractor any additional cost of HQ SACT inspection and test when supplies are not ready at the time such inspection, when test is requested by Contractor or when re-inspection or retest is necessitated by prior rejection. Failure to inspect supplies shall neither relieve the Contractor from responsibility for such supplies as are not in accordance with the contract requirements nor impose liability on HQ SACT therefore.

e. The inspection and test by HQ SACT of any supplies does not relieve the

Contractor from any responsibility regarding defects or other failures to meet the contract requirements which may be discovered prior to acceptance.

Except as otherwise provided in the contract, acceptance shall be conclusive except as regards latent defects, hidden deficiencies, fraud, or such gross mistakes as amount to fraud.

10. Title

Unless specified elsewhere in this contract, title to supplies furnished under this contract shall pass to HQ SACT upon acceptance, regardless of when or where HQ SACT takes physical possession.

11. Supply Warranty

a. Notwithstanding inspection and acceptance by HQ SACT of supplies furnished under the contract or any provision of this contract concerning the conclusiveness thereof, the Contractor warrants that for a period of twelve

(12) months following the date of acceptance:

(1) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with the specifications and all other requirements of this contract; and

(2) The preservation, packaging, packing and marking and the preparation for and method of shipment of such supplies will conform with the requirements of this contract.

b. The Contracting Officer shall give written notice to the Contractor of any breach of the warranties in paragraph a. of this clause within thirty (30) days after discovery of any defect.

c. Within a reasonable time after such notice, the Contracting Officer may either:

(1) By written notice require the prompt correction or replacement of any supplies or part thereof (including preservation, packaging, packing and marking) that do not conform with requirements of this contract within the meaning of Paragraph a. of this clause; or

(2) Retain such supplies, whereupon the contract price thereof shall be reduced by an amount equitable under the circumstances and the Contractor shall promptly make appropriate payment.

d. When return, correction or replacement is required, the Contracting Officer shall return the supplies and transportation charges and responsibility for such supplies while in transit shall be borne by the Contractor. However, the Contractor's liability for such transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the designated destination point under this contract and the Contractor's plant and return.

e. If the Contractor does not agree as to his responsibility to correct or replace the supplies delivered, he shall nevertheless proceed in accordance with the written request issued by the Contracting Officer per paragraph c to correct or replace the defective or nonconforming supplies. In the event it is later determined that such supplies were not defective or nonconforming within the provisions of this clause, the contract price will be equitably adjusted. Failure to agree to such an equitable adjustment of price shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Dispute".

f. Any supplies or parts thereof furnished in replacement pursuant to this clause shall also be subject to all the provisions of this clause to the same extent as supplies initially delivered. Corrected parts will be warranted for a period not less than six (6) months starting at the time the part is received back at the user’s location.

g. In case of a provisional acceptance the warranty period starts at the date of provisional acceptance and ends twelve (12) months after the date of provisional acceptance.

h. Failure to agree upon any determination to be made under this clause shall be a dispute concerning a question of fact within the meaning of the "Disputes" clause of this contract.

i. The word "supplies" as used herein includes related services.

j. The rights and remedies of HQ SACT provided in this clause are in addition to and do not limit any rights afforded to HQ SACT by any other clause of the contract.

12. Invoices

a. The contractor shall submit an original invoice and three (3) copies (or electronic invoice, if authorized) to the address designated in the contract to received invoices. All invoices shall be submitted no later than 30 days upon completion of work or services performed. An invoice must include: 1) Name and address of the Contractor; 2) Invoice date; 3) Purchase Order number and Purchase Order or Contract line item number; 4) Description, quantity, unit of measure, unit price and extended price of the items delivered; 5) Shipping number and date of shipment including the bill of lading number and weight of shipment if shipped on a bill of lading; 6) Terms of any prompt payment discount offered; 7) Name and address of official to whom payment is to be sent: and 8) Name, title, and phone number of person to be notified in event of defective invoice. All invoices shall be certified by the signature of a duly authorized company representative. Invoices for Contractor Travel shall include: 1) Contractor name; 2) Date of Travel; 3) Number of days; 4) Destinations. All invoices shall be submitted to:

Accounts Payable 7857 Blandy Road Suite 100, SR-82, Norfolk, VA 23551-2490

b. Electronic Fund Transfer is the prescribed method of payment for HQ SACT.

Contractors are requested to submit copies of banking information. Such information shall be submitted to HQ SACT 14 days prior to any contract award.

13. Payment

Payment shall be made for items accepted by HQ SACT that have been delivered to the delivery destinations set forth in this contract. Payments under this contract may be made by HQ SACT by electronic funds transfer payments or (check in exceptional cases) and shall submit this designation to the contracting officer as directed. In the event the Contractor, during the performance of this contract, elects to designate a different financial institution for receipt of any payment made using electronic funds transfer procedures, notification of such change and the required information must be obtained by HQ SACT thirty (30) days prior to the date such change is to become effective. The documents furnishing the information required in this clause must be dated and contain the signature, title, and telephone number of the Contractor official authorized to provide it, as well as the Contractor’s name and Purchase Order number.

Contractor failure to properly designate a financial institution or to provide appropriate payee bank account information may delay payments of amounts otherwise properly due. Discount time will be computed from date of delivery at place of acceptance or from receipt of correct invoice at the office specified by HQ SACT, whichever is later. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

14. Taxes

The contract excludes all applicable Federal, State, and local taxes and duties.

HQ SACT is a tax-exempt organization.

15. Excusable Delays

The Contractor shall be liable for default unless non-performance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of HQ SACT in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers.

The Contractor shall notify the contracting Officer in writing as soon as is reasonably possible after the…