IFIB-ACT-SACT-17-29-E-Learning_Ammendment__1.pdf

IFIB-ACT-SACT-17-29

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

IFIB-ACT-SACT-17-29

Education & Training

Technologies e-Learning

Course Development

Amendment #1

The following administrative modifications are included in

Amendment #1:

1) Page 14: Removed “1,800 hours” from each year (Highlighted in Red Strikethrough)

2) Removed HQ SACT Special Terms and

Conditions for Commercial Personnel Services

Contracts section

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: NATO Definitions

Annex B: Acceptance Forms for e-Learning

Annex C: Technical Requirements

Annex D: Best Value Review and Scoring Table

PART 1 BIDDING INSTRUCTIONS

• General

This is a Firm Fixed Price Deliverables Best Value 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 on the levels is allowed.

• Classification

This IFIB is a NATO UNCLASSIFIED document.

• Definitions

• 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.

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

• The term Contractor shall refer to the bidding entity to whom the contract is awarded.

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

• “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.

• The term “HQ SACT” shall refer to Supreme Headquarters Allied Command

Transformation.

• The term “ACT” shall refer to Allied Commander Transformation.

• The term “NATO”, shall refer to the North Atlantic Treaty Organisation.

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

• The term “Habitual Residence”, means HQ SACT, Norfolk, Virginia, VA 23511.

• Eligibility

This IFIB is open to companies:

• Established in a North Atlantic Treaty Organisation Alliance member nation.

• Working in the required field of study and legally authorised to operate in the

United States of America, at the time of bidding.

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

• Duration of Contract

• The contract awarded shall be effective upon date of award.

• 01 January 2018 – 31 December 2018 with the possibility of 4 option years 01

January 2019 – 31 December 2019, 01 January 2020 – 31 December 2020, 01

January 2021 – 31 December 2021, 01 January 2022 – 31 December 2022.

• Exemption of Taxes

• 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.

• Amendment or Cancellation

• 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.

• 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.

• Bidder Clarifications

• 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.

• In lieu of a bidder’s conference, HQ SACT invites bidders to submit initial technical questions not later than 8 November 2017.

• 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 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.

• Bid closing date

Bids shall be received at HQ SACT, Purchasing and Contracting Office, no later than 16 November 2017, 1500 hours, Eastern Standard Time, Norfolk, Virginia, USA. No bids shall be accepted after this time and date.

• 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.

• 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), excluding price proposals of the documents are required no later than 16 November 2017, 1500 hours, Eastern Standard Time, Norfolk, Virginia, USA.

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

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

• Compliance statement (See Enclosure #3);

• Provision of administrative and technical volumes

• Compliance criteria, (See Annex D to Statement of Work).

http://www.act.nato.int/contracting-procurements

• Past performance (See Enclosure #4)

• Company price proposal (Enclosure #5)

• Proposal Submission

• 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.

• 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.

• 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.

• 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.

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

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

• 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.

• No oral bids or oral modifications or telephonic bids shall be considered.

• It is the ultimate responsibility prior to submission that all proposal submissions are reviewed to ensure they meet the technical and administrative specifications and that offers meet the limitations and expressed conditions.

• Late Proposals

• 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.

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

• 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.

• Bid Evaluation

• 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.

(a) Proposals shall be evaluated and awarded based on best overall value to NATO.

The following factors are considerations;

Successful administrative submission of bid packages and requested

Enclosures 2-6, as listed in this RFP. (Pass/Fail)

Technical factors/pricing factors rated 50/50

Acceptance of HQ SACT General Terms and Conditions

• Proposal Clarifications

During the entire evaluation process HQ SACT reserves the right to discuss any bid with the order to clarify what is offered and interpretation of language within the bid, to resolve in potential areas of non-compliance.

• Award

HQ SACT intends to award a firm fixed price contract to the Offeror whose proposal(s) represents best value to HQ SACT. 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.

• 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.

• Point of Contact is:

LCDR Mike DiProspero, ACT Contracting, 757-729-3612, michael.diprospero@act.nato.int

All correspondence shall be forward to:

HQ SACT, BUDFIN BRANCH

Purchasing & Contracting, Contracting Officer

IFIB-ACT-SACT-17-29

ATTN: LCDR Mike DiProspero 7857 Blandy Road, Suite 100, Norfolk, VA, U.S.A.

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-17-29

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

Sender:

HQ SACT

Attn: LCDR Mike DiProspero 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-17-29

It is hereby stated that our company has read and understands all documentation issued as part of IFIB-ACT-SACT-17-29. Our company proposal submitted in response to the referenced solicitation is fully compliant with the provisions of IFIB-ACT-SACT-17- 29 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

1. Contracting Agency:

2. Contract No:

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

4. Title of Contract:

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

6. Contract Dollar Amount:

7. Period of Performance:

8. Name, Address, Fax and Telephone No. of Reference:

9. Indicate Whether Reference Acted as Prime or Sub-contractor:

10. Comments regarding compliance with contract terms and conditions:

11. Complete Contact Information for client:

12. Permission to contact client for reference: Yes/ No

Name/Signature of Authorized Company Official

NATO UNCLASSIFIED

Enclosure 5

IFIB-ACT-SACT-17-29 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: Kevin Mills 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:

Position:

Title:

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

IFIB-ACT-SACT-17-29

Proposed rates will be used to support the Basis of Estimate to produce deliverables that meet or exceed the Quality Assurance Measures identified by HQ SACT. The categories below are “representative” of skills required to provide deliverables at each level. All deliverables will be firm fixed price and billed upon delivery or upon acceptance of agreed milestone events. 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-17-29 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-17-29 and the “Insert : Company Name Technical proposal”, submitted in accordance with solicitation provisions.

Service Area Base Period

01 Jan 2018 – 31 Dec 2018

Option Period 1 01 Jan 2019 – 31 Dec 2019

Option Period 2 01 Jan 2020 – 31 Dec 2020

Hourly Rate: (1800 hours)

Level 2

Level 3

Level 4

Service Area Option Period 3 01 Jan 2021 – 31 Dec 2021

Option Period 4 01 Jan 2022 – 31 Dec 2022

Level 2

Level 3

Total Contract Value (Base + Option Periods) $

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: Position: Title:

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

Statement of Work (SOW) for Education & Training Technologies e- Learning Course Development

1. Introduction

a. NATO established the Headquarters Supreme Allied Command Transformation (HQ SACT) in Norfolk, VA, in 2003 with a mission to lead the continuous improvement of Alliance capabilities and to uphold NATO’s global security interests now and in the future. Since the inception of Allied Command Transformation (ACT), the Joint Education, Training & Exercise (JETE) Education and Training Technologies (ETT) section have seen the requirement for online e- Learning and Advanced Distributed Learning (ADL) products expand beyond its established capabilities.

b. HQ SACT is therefore seeking to put into place a firm fixed price deliverables contract for development of e-Learning courses from the industry standard level 2 to level 4 complexity from industry suppliers. This will include requirements for complete course design and development to a NATO or NATO related requirements holder, as well as Instructional Systems Design (ISD)/Multimedia Designer (MMD) support and SCORM/xAPI support for updating current courses (Technical format as well as content). Course development and delivery will be accomplished by the Contractor with close liaison with the requirements holder as well as with HQ SACT.

2. Background and Scope

a. Background. HQ SACT is soliciting Contractor capabilities to continue supporting NATO’s Education and Training (E&T) requirements in the area of online learning. Since full operational capability in 2008, the NATO e-Learning Programme has developed and supported over 100,000 users with a growing list of online courses (120+) supporting NATO, NATO and partner nations in the areas of operations, exercises and academic instruction. It has also created Learning Management Systems (LMS) capability delivering online courseware on NATO networks. As the lead for NATO e-Learning, HQ SACT has the responsibility to support all NATO Education and Training Facilities (NETFs) as well as to advise and support NATO related Education and Training Facilities (ETFs) in the design, development and deploying of online courses as well as blended learning integration and technology related to education and training.

b. As part of its continuous goal of delivering high quality online courseware to a multinational, widely dispersed audience, HQ SACT seeks to support and practice developing courses, which utilise sound andragogy principals, with proven education & training technology implementation delivered on a range of user devices, as well as experimentation with emerging E&T technology.

c. Scope: This contract will enable HQ SACT to plan, develop and deliver the production of online courses as required over the annual contract period, and allow flexibility to increase as the demand grows, beyond its present onsite contractor team. HQ SACT via this contract will also act as a “broker”, for NATO requirements holders who require online course production, ensuring all development is performed in accordance with NATO standards, styles and technical considerations. Depending on the requirements, the courses may be level 21 (informative with some user interaction) to level 4 (fully immersive with high user interaction), and developed using either SCORM2 1.2 standard or SCORM 2004 which will be determined during course development. HQ SACT is also investigating the use of xAPI and cmi5, which may be implemented in the near future. When this HQ adopts xAPI and/or cmi5 as the new eLearning standard, the contractor will be required to develop new courseware in accordance with the new standards.

NATO e-Learning follows the standard SAT model (Systems Approach to Training) and ADDIE (Analyse, Design, Develop, Implement, and Evaluate) development model. Complete details are available in NATO publications Bi- SC 75-2 and 75-7 which are available upon request. In short, each new course will require:

(1) Analysis stage with requirements holder scoping meetings and discussion with Subject Matter Experts (SMEs) resulting in agreement on; style, lesson objectives, learning points, delivery methods (Mobile, ebook, computer, other), content, etc.

(2) Design stage with full storyboard development and requirements holder approval.

(3) Development stage with storyboard being converted to a SCORM based online module, in line with agreed NATO templates, styles and design.

(4) Requirements holder and HQ SACT acceptance with the implementation and evaluation stages performed by NATO.

(5) Typical Development schedule:

1 Full defined definitions of development levels are in the document Annex A 2 Sharable Content Object Reference Model

New Course Development

Stage Time Comments

Analysis Two – Four weeks Agreed Time frame with all parties involved

Design One – Two months Requirements Holder approves of storyboard before development work started (Time allocated for SME review (2-3 weeks)

Development One – Two Months As required by Contractor – A test course will be delivered by the Contractor to HQ SACT to ensure interoperability, functionality and design acceptance within the NATO Standards in the first two weeks of development.

Acceptance Two – Four Weeks Technical review by HQ SACT, product review by Requirements Holder and SME’s

Update or Modifying Old Courses

Stage Time Comments

Analysis Two – Four weeks Review of existing course, source materials and planned changes with all parties involved.

Design One – Two months Requirements Holder approves of storyboard changes before development work started (Time allocated for SME review (2-3 weeks)

Development One – Two Months As required by Contractor – A test course will be delivered by the Contractor to HQ SACT to ensure interoperability, functionality and design acceptance within the NATO Standards in the first two weeks of development.

Acceptance Two – Four Weeks Technical review by HQ SACT, product review by Requirements Holder and SME’s

3. Type of Contract and Period of Performance

a. Type of Contract: This is a firm-fixed price deliverables Best Value contract contract in accordance with the General Terms and Conditions; as such, all employer responsibilities for the contractors performing under this contract shall lie with the contractor company. The contract will guarantee a minimum order(s) value each fiscal year, with the possibility of increased work as new requests are received from the NATO requirements holders.

Minimum Order per fiscal year would be:

(1) Develop three (3) student hours of level three e-Learning

(2) Develop two (2) student hours of level two e-Learning

(3) Develop one (1) student hour of level four e-Learning

(These student hours could be one course or multiple courses: e.g.

One level three course of two hours duration and one level three course of one hour duration)

b. As level four is significantly different in style and development from levels 2-3 a split award will be considered for Levels 2-3 and Level 4.

c. Period of Performance: The requirement is for a base period of 1st Jan 2018 to 31st December 2018 and includes four 12 month option periods, exercised at the sole discretion of the HQ SACT Contracting Officer.

4. Tasking and Deliverables:

Contracted annual tasking are anticipated to be set with a mix of new and existing updates or updated lessons. These deliverables will be planned at the beginning of each contract year with some flexibility included for urgent unplanned development work. Any changes to the scope of work will be agreed by the contractor and an HQ SACT Contracting Officer. After storyboards and lesson planning is completed and signed off, the contractor shall provide to HQ SACT the completed lesson in SCORM (1.2 or 2004 (or as agreed at kick off meeting)) in a standard zip file for uploading into the NATO LMS test area. Once reviewed by the requirement holder and HQ SACT Contracting Officer Technical Representative (COTR) and any changes/error identified and completed, the lesson shall be accepted and work completed. All assets used within the course as well as the developed storyboards are also required to be delivered in a separate folder, with all materials useable by NATO and licence free. Format and labelling of asset files should be comprehensive and reflect the actual course title and pages.

5. Schedule of Delivery:

As outlined this contract shall support development of NATO e-Learning courses on demand from NATO requirement holders, as well as planned maintenance of existing courses. The anticipated annual scope of work shall be prepared each contract period to include:

a. Known modifications to existing courses.

b. Development of new courses based off known requirements.

c. Support to emergent requirements that may require modification of existing courses or development of new courses.

The COTR will define the requirement for each course depending on complexity, course content requirements and any other mitigating factors.

6. Acceptance Criteria:

NATO e-Learning follows a strict acceptance programme for all courses supplied for delivery on the NATO e-Learning Learning Management System. Annex B outlines the typical forms and check off lists for acceptance of courses.

7. Contractor Performance Requirements and Reporting:

a. Contractor Performance Requirements:

(1) The Contracting Officer (in the Purchasing and Contracts Branch) will assign a Contracting Officer’s Technical Representative (COTR) to administer all contract details. The Contracting Officer has final authority to determine if the contract/SOW should be amended, extended, modified or cancelled for evolving requirements, new tasking, and/or technical non-performance. With the Contracting Officer’s concurrence, the COTR shall:

(a) Resolve outstanding disputes, problems, deficiencies, and/or questions on the technical aspects of the SOW

(b) Review (and approve) all Contractor duties for completeness and accuracy

(c) Review the Contractor’s work at a minimum of monthly, or more often if needed

(d) The COTR’s written approval of work reported and deliverables submitted is mandatory for Contractor invoices to be successfully processed. The COTR shall receive a letter of appointment from the Contracting Officer that describes in detail his roles and responsibilities to which he shall sign formal acceptance.

8. Company Resources Required for work:

The Contractor is to provide all required development software for e-Learning production. HQ SACT uses Captivate Version 9 and Adobe Articulate 360 (including Rise), but any SCORM 1.2 and 2004 compatible software is accepted as long as it still allows assets used in the course to be delivered as part of a separate package, and meets the style, and requirements of the NATO e-Learning design and delivery technical standard. NATO currently uses the open source software Ilias for its LMS. As NATO e-Learning moves into Learning Record Stores (LRS) and cmi5 to become xAPI compliant, this standard will be adopted. When adopted, the contractor company will be required to use the new standard. NATO Security clearances will not be required as the work is expected to be all at the NATO Unclassified Level. In the event a NATO Classified Course is required, NATO HQ Security Branch will work with the contractor to look at the possible options.

9. Proof of Past Performance and Company Capability Statement:

The Contractor is to provide a minimum of two past performance citations within the last five years to show that it has successfully completed work that is similar to or directly traceable to the requirements outlined in this SOW. It should also give examples of the capabilities of the company, and how it can support development of e-Learning from level 2 to level 4 in imaginative and modern approaches. If a Contractor cannot meet this requirement, it is necessary to detail why this requirement cannot be met.

a. The past performance citations or references shall include the following information at a minimum:

(1) Summary of work performed that is similar to or directly relates to this

SOW.

(2) Status of work (i.e., on-going, complete).

(3) Date of work performance.

(4) Name of client (or reference)

(5) Complete contact information.

(6) Permission to contact client (or reference).

b. The company capability statement shall include the following information at a minimum:

(1) Examples of Storyboards and Screen Shots of developed online courses

(2) Examples of how the company has worked with the requirements holder to ensure the developed course met the requirements of the requirements holder.

(3) Developed e-Learning level of the course

(4) Examples of how the company can develop from level 2 to level 4 courses

(5) Examples of how the company is addressing new standards and technology (Such as xAPI, html5, virtual reality)

(6) Description of the internal quality control and testing process within the company

(7) Description of the company and how it will approach and fully meet the requirements of the SOW

(8) Description of the authoring tool(s) the company plan to use

10. Place of Performance:

The contractor is expected to perform the majority of the required work at their location, however some development work maybe required at HQ SACT in Norfolk, VA, U.S.A but this could be covered by video teleconference in most cases. Initial meetings with requirements holders and Subject Matter Experts (SME’s) will be expected either at the vendors or the requirements holder’s location or as agreed.

These meetings could be in Europe or the USA. (Travel considerations should not be supplied in this bidding. Travel arrangements and costing, will be worked out after contract award using NATO travel regulations.

11. Furnished Materials and Services:

The contractor shall supply all necessary working spaces, hardware and software for course development. HQ SACT and contractor will agree the process for delivering courses and moving files after contract award.

12. Physical Security:

The contractor shall be responsible for physical security at their locations. HQ SACT or the receiving NATO entity is responsible for any work performed at the NATO locations.

13. Personnel Clearances:

Contractor personnel shall be responsible for ensuring their staff are cleared for working on NATO materials. It is expected that course development will all be at the NATO Unclassified level, although NATO Restricted is possible. If NATO Restricted is required this will be performed under the guidance of HQ SACT Security Branch.

14. 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.

15. Building, Installation Access:

In the event of any meetings on NATO property, the Contractors are fully responsible for ensuring that they have all needed vehicle passes and decals, and individual access badges and documents for appropriate access to the NSA and HQ SACT facilities if and when required. The Contractor Company shall submit requests for site access to HQ SACT, Attention Security Office, at 7857 Blandy Road, Suite 100, Norfolk, VA 23551-2490.

16. 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.

17. Intellectual Property Rights:

Specific information to IPR is articulated in the General Terms and Conditions that support this contract. All furnished materials, courseware, associated assets and documents will be the property of NATO unless otherwise agreed in writing with the contractor.

18. Security of Deliverables:

The security classification of the deliverables under this contract may range from Unclassified through NATO Unclassified. If increased classification is required then HQ SACT Security Branch will advise on the requirements and processes to be followed.

19. Releasability and Export Control: NATO nations have regulations and laws applying to the export of defence related goods by domestic commercial sources to outside entities (such as NATO). Compliance is the Contractor’s responsibility.

GENERAL CONTRACT TERMS AND CONDITIONS (01/07)

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:

(1) Availability at final destination of all deliverables.

(2) Successful completion of acceptance testing.

(3) Verification of the inventory.

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

(5) 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 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.

(1) 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.

e. 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.

f. 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.

g. 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

(1) (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 available at (http://www.act.nato.int/contracting). 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, http://www.act.nato.int/contracting and delays of common carriers. The Contractor shall notify the contracting

Officer in writing as soon as is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

16. Indemnity. The contractor shall indemnify HQ SACT and its officers, employees and agents against liability, including costs for actual or alleged direct or contributory infringement of or inducement to infringe, any United States or foreign patent, trademark, copyright, or other…