RFP-ACT-SACT-18-41_Web_Developer-Amendment_2.pdf

PDF 450 KB Posted May 23, 2018

Attached to: WEB DEVELOPER
Solicitation number: RFP-ACT-SACT-18-41
Issued by: NATO HQ Supreme Allied Commander

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AMENDMENT 2

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RFP-ACT-SACT-18-41_Q&A_.pdf	PDF	May 23, 2018
RFP-ACT-SACT-18-41_Web_Developer-Amendment_1.pdf	PDF	May 21, 2018

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NATO UNCLASSIFIED

RFP-ACT-SACT-18-41

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.

Request for Proposal

Part 1 Bidding Instructions

Amendment 2

Minor or non substantial deviations may be accepted. Substantial changes shall be considered non responsive.

TABLE OF CONTENTS

1. General

2. Classification

3. Definitions

4. Eligibility

5. Duration of the Contract

6. Exemption of Taxes

7. Amendment or Cancellations

8. Bidder Clarifications

9. Bid Closing Date

10. Bid Validity

11. Contents of Proposal

12. Proposal Submission

13. Late Bid

14. Bid Withdrawal

15. Bid Evaluation

16. Proposal Clarifications

17. Award

18. Communications and Contacts

19. NATO Secret Document Storage

20. Point of Contact

ENCLOSURES:

1. SOW

2. Proposal Checklist

3. Address Label

4. Compliance Statement

5. Past Performance

6. Mandatory Price Proposal format

Minor or non substantial deviations may be accepted. Substantial changes shall be considered non responsive.

This page intentionally blank

Minor or non substantial deviations may be accepted. Substantial changes shall be considered non responsive.

PART 1 BIDDING INSTRUCTIONS

1. General.

This is a Firm Fixed Price Level of Effort contract in accordance HQ SACT General and Special Terms and Conditions. Contract Award is contingent upon funding availability.

2. Classification.

This RFP 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 RFP, and has indicated thereon its intention without commitment, to participate in this

RFP.

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

(d) The term “Contracting Officer” designates the official who executes this

RFP 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 RFP shall, unless otherwise stated, be interpreted as meaning calendar days.

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

23511.

Minor or non substantial deviations may be accepted. Substantial changes shall be considered non responsive.

4. Eligibility.

This RFP is open to selected 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 the United States of America and European Union, at the time of bidding.

5. Duration of Contract

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

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 RFP 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 RFP 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 RFP is cancelled any/all received bids shall be returned unopened, per the bidder’s request.

8. Bidder Clarifications.

(a) Prospective Bidders should seek clarification at their earliest convenience. Any explanation regarding the meaning or interpretation of this RFP, 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 7 calendar days prior to the bid closing date.

Minor or non substantial deviations may be accepted. Substantial changes shall be considered non responsive.

(b) Information in response to a request for clarification to a prospective bidder shall be furnished to all prospective bidders as a Question and

Answer amendment. All such amendments shall be incorporated into this

RFP. Oral Interpretations shall not be binding. All questions must be received NLT 5 June 2018, 1000 hrs Eastern Standard Time, Norfolk, Virginia, USA..

9. Bid closing date.

(a) Bids shall be received at HQ SACT, Purchasing and Contracting Office, no later than 15 June 2018, 1000 hours, Eastern Standard Time, Norfolk, Virginia, USA. No bids shall be accepted after this time and date.

10. Bid Validity.

(a) Bids shall be remain valid for a period of one hundred and twenty days

(120) form the applicable closing date set forth within this RFP. 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 1 electronic copy (1 PDF document containing each of the following documents to include price proposal). E-mail must be received prior to 15 June 2018, 1000 hours, Eastern Standard Time, Norfolk, Virginia, USA.

(a) The bidders full name address, Point of Contacts, Telephone, Fax number and Internet site, (See Enclosure 1);

(b) Compliance statement (See Enclosure # 2);

(d) Company Price proposal, (Enclosure # 3)

(e) Any other technical information to determine whether proposed services, terms and conditions comply with all the requirements of this RFP.

Minor or non substantial deviations may be accepted. Substantial changes shall be considered non responsive.

12. Proposal Submission.

(a) E-mail proposals shall be submitted in a single PDF document to include only the Technical volume. Hard copy proposals shall be submitted in two separately packaged and sealed volumes, Technical and Price prior to the established bid closing date/time.

(b) Proposal packages should be delivered to HQ SACT via e-mail

(d) Prices shall be on a Firm Fixed Price Basis

(e) 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.

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

(g) 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.

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.

14. Bid Withdrawal.

(a) 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.

Minor or non substantial deviations may be accepted. Substantial changes shall be considered non responsive.

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 RFP. 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 and requested

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

Successful determination of Technical compliance based upon criteria contained in Annex A.

Lowest Price Offer.

Acceptance of HQ SACT General Terms and Conditions.

16. Proposal Clarifications.

(a) 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.

17. Award.

HQ SACT intends to award a firm fixed price contract to the Lowest Priced

Technically Compliant offeror(s).

HQ SACT will collect information from references provided by the Offeror in regard to its past performance. The Offeror must provide the information requested for performance risk evaluation, or affirmatively state that it possesses no directly related or similar past performance.

Firms lacking relevant past performance shall provide at least one Letter of

Reference.

Minor or non substantial deviations may be accepted. Substantial changes shall be considered non responsive.

HQ SACT reserves the right to negotiate minor deviations to the listed

Special and General Terms and Conditions to this RFP.

18. Communications.

(a) All communication related to this RFP, between a prospective bidder and

HQ SACT shall be 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 RFP. Such adherence shall ensure Fair and Open Competition with equal consideration and competitive footing leverage to all interested parties.

19. Point of Contact is;

Tonya Bonilla, Contracting Officer 757-747-3575 tonya.bonilla@act.nato.int or Catherine Giglio, R&D Contracting Officer 757-747-3856

Catherine.giglio@act.nato.int

All correspondence shall be forward to;

HQ SACT, BUDFIN BRANCH

Purchasing & Contracting, Contracting Officer

RFP-ACT-SACT-18-41

ATTN. Tonya Bonilla

Tonya.bonilla@act.nato.int

7857 Blandy Road, Suite 100, Norfolk, VA, U.S.A.

mailto:tonya.bonilla@act.nato.int mailto:Catherine.giglio@act.nato.int mailto:Tonya.bonilla@act.nato.int

Enclosure 2

COMPLIANCE STATEMENT TO SEALED BID RFP-ACT-SACT-18-41

It is hereby stated that our company has read and understands all documentation issued as part of RFP-ACT-SACT-18-41. Our company proposal submitted in response to the referenced solicitation is fully compliant with the provisions of RFP-

ACT-SACT-18-41, 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:

Enclosure (3) SUBJECT: RFP-ACT-SACT-18-41 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 RFP-ACT-SACT-18-41 and the “Insert : Company Name Technical proposal”, submitted in accordance with solicitation provisions.

# of Hours Hourly

Rate

Option # of Hours

Hourly

Rate

Total

Web Developer (1) 800 $ 900 $

Web Developer (2) 800 $ 900 $

Total Contract Value

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 ----------

NATO UNCLASSIFED

SUPPORT TO HQ SACT

CDSS/DPMS Development Support – Web Developer

STATEMENT OF WORK

15 May 2018

Background

1. Due to the nature of NATO Defence Planning Process (NDPP), many of its products have to be developed simultaneously and within short timeframes. However, because of the dispersed nature of the teams there is a risk that several products follow separate paths, possibly rendering incompatible results. That makes coordination activities important. These efforts are hampered by the lack of appropriate tools to provide a common picture of all activities related to the NDPP.

2. As the NDPP cycle lasts around four years, it is very unusual that military personnel can participate in more than one NDPP cycle, which makes activities to preserve corporate memory very important. Also, it is difficult to capture corporate knowledge in formal documents, with the consequence, sometimes, that the same errors will be repeated.

3. Following the Defence Ministers’ Meeting in February 2013, the Strategic Commanders (SC) were tasked to determine the broad features of a new or renovated analytical tool to support the Capability Requirements Review (CRR) process (NDPP Step 2).

Discussions among the NDPP Stakeholders indicated that a single tool integrating all management and analytical services required to cover all five NDPP steps (with a common Database).

4. ACT is developing a Defence Planning Management System (DPMS). The system will be used to elicit the detailed User Requirements (UR) and demonstrate the benefits and the feasibility for the development of a tool that will be able to support all five NDPP Steps while being accessible by all stakeholders. ACT is developing DPMS as an application of the Capability Development Support System (CDSS) that supports additional ACT processes, thus exploiting opportunities for greater interoperability between tools, processes and users, and savings of the developments efforts required.

Further more, it will enable the identification of new and the refinement of existing relevant requirements, aiming to be evolved in a tool able to support the entire NDPP, cradle to grave.

Scope of Work

5. In the context of paragraphs 1 to 4, HQ SACT seeks two identical distinct Contractors to support the development and coding of the CDSS suite of tools, including the full spectrum of efforts to identify, clarify and verify user requirements. The full development of the CDSS will not be among the responsibilities of the Contractors. The

NATO UNCLASSIFED

screening and merging of the delivered parts of the code will be condacted by NATO personnel.

Tasking

6. The Contractors will develop CDSS code and will contribute to technical services as follows:

a. Develop parts of CDSS web applications (client / server) using Java Server Faces (JSF) 2.2 / 2.3 and Java 8 / 9

b. Analytically describe the functioning of the developed code in common language (MS Word document, in English)

c. Provide a monthly report which will substantiate the hours worked correlating to each task. This will be reflected as the hours invoiced.

7. The contractors, in preparing for and executing these tasks, shall liaise closely, with the Project Manager (TSC FPM-0210), and the Software Architect (TSC FPM-0220).

Ownership of products

8. All rights to the developed software will be retained by NATO.

Contract Type and Period of Performance

9. Type of Contracts: Firm Fixed Price, Level of Effort (hourly basis) in accordance with the General and Special Terms and Conditions. All employer responsibilities for the Contractor Personnel performing under this contract shall lie with the Contractor.

10. Period of performance is from contract award (on or about 6 August) to 31 December 2018: 2x800 hrs with an option to extend the contract 1 January – 1 June 2019: 2x900 hrs, to be exercised solely at the discretion of HQ SACT based on satisfactory contractor performance, CDSS requirements and Contracting Officer approval. COTR will determine the specific timeframe in coordination with the contractor and the contracting officer.

Place of Performance

11. Primary place of performance is at the contractor’s discretion. The contractors will optionally meet the COTR and the Software Architect at monthly intervals in Norfolk, Virginia and/or through teleconference.

NATO UNCLASSIFED

12. The COTR is Mr. Emmanouil Sakiotis, the incumbent of HQ SACT post TSC FPM-0210.

Professional Qualifications - Education

13. The Web Developer Contractors shall have skills and expertise on the following areas, using which he/she developed specific and operational artifacts (to be named):

a. 1 year experience in developing client-server web applications.(Essential qualification)

b. 1 year experience programming in Java Server Faces 2.2 /or 2.3 (fluent programmer). .(Essential qualification)

c. 1 year experience in programming with Java 1.8 or newer (deployed on Tomcat).

.(Essential qualification)

d. Knowledge in programming with PRIMEFACES 6.0 (Desirable qualification).

14. The Web Developer Contractor shall be fluent in English language, written and oral.

Contractor Performance Requirements and Reporting

15. Supervision. The COTR (or designated representative) shall provide direction, guidance, and support information, as needed, for all technical and content areas of the SOW. The COTR shall:

On behalf of the Contracting Officer, attempt to 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.

Submit to the Contracting Officer the signed company monthly report with his endorsement for retention in contract administration file.

16. The COTR shall review the Contractor’s work at a minimum of milestone completion.

The COTR’s written approval of work performed is mandatory for Contractor invoices to be successfully processed.

17. 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. The Contractor shall be responsive to evolving requirements that may necessitate adjusting the quantity of work-hours.

18. Additional Contractor Requirements. The COTR (or designated representative) may identify missing, erroneous, or unneeded requirements and tasking. The Contractor is

NATO UNCLASSIFED

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. The contractor must be a citizen of a NATO member nation.

19. Contractor Technical Evaluation. Each responding Contractor Company shall be judged on technical information and CV’s provided in response to this SOW, to determine Compliance. It is the responsibility of the contractor company to clearly demonstrate both the company and nominated individual unequivocally meet full compliance. Proposals shall be assessed and evaluated in accordance to Annex A to this solicitation. All applicable resumes are mandatory to enable a professional evaluation.

Security

20. Personnel Clearances. N/A

21. Security Conditions. The Contractors 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. The security classification of the deliverables will be unclassified.

22. Building, Installation Access. 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 HQ SACT facility if he/she intends to visit the site. The Contractor Company shall submit requests for site access to SACT HQ, Attention Security Office, 7857 Blandy Road, Suite 100, Norfolk, VA 23551-2490.

23. 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.

NATO UNCLASSIFED

Annex A

Assessment and Evaluation

1. Contractor’s technical proposals will be assessed on the qualifications of the individuals proposed to perform the work. Individuals` résumés will be measured against each criteria specified below in order to ascertain whether the individuals have adequately demonstrated that they possess the required qualifications. HQ SACT reserves the right to conduct interview of nominated candidate(s). Examples of how detailed knowledge levels were attained are expected. Ultimately, Contractor/Companies shall clearly demonstrate by providing unequivocal reference to where meet the criteria set forth in this solicitation.

2. The bids will be evaluated against the following levels:

a. Compliant (C) = Meets the criteria

b. Minor shortfall (M) = Marginally meets the criteria

c. Serious shortfall (S) = Proposal will be deemed non-compliant

# Criteria Evaluation (C/M/S)

Comments (Contractor should complete each section below outlining how compliance is achieved and concisely demonstrate by direct reference to technical proposal that unequivocally demonstrates compliance)

1 1 year experience in developing client-server web applications

2 1 year experience programming in Java Server Faces 2.2 and/or 2.3 (fluent programmer)

3 1 year experience in programming with Java 1.8 or newer (deployed on Tomcat)

4 Fluent in English language, written and oral

5 Knowledge in programming with PRIMEFACES 6.0 or newer

Please note this is a desirable qualification and not mandatory for compliance.

Page | 1

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

Page | 2

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.

Wherein a subordinate command is referred, it shall have equal meaning and representation as HQ SACT. (HQ SACT SEE, JALLC, JWC, JFTC).

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

Page | 3

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 favorable 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

Page | 4 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

Page | 5 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 reinspection or retest is necessitated by prior rejection. Failure to

Page | 6 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

Page | 7 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

Page | 8 performed. Standard Payment Terms are NET 30 days. 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:

HQ SACT

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/organization/contracting/forms-contractor-travel). 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.

http://www.act.nato.int/organization/contracting/forms-contractor-travel

Page | 9

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 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 intellectual property right, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

17. Disputes. Except as otherwise provided, during the period of performance, any dispute between the parties arising out of the performance of this contract which is not disposed of by agreement shall be decided by the HQ SACT Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of HQ SACT shall be final and conclusive unless, within thirty

(30) days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to HQ SACT a written appeal. In connection with any appeal of HQ SACT decision under this paragraph, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. A decision shall be rendered within thirty (30) days of receipt of appeal. HQ SACT FC decision is final.

18. Termination for Convenience. HQ SACT reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.

Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of HQ SACT using its standard record keeping system have resulted from the termination. In the event of the failure of the Contractor and the Contracting Officer to agree as provided in paragraph d. upon the whole amount to be paid to Contractor by reason of the termination of work pursuant to this clause, the Contracting Officer shall pay to the Contractor the amounts determined by the Contracting Officer. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give SACT any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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19. Termination for Default

a. HQ SACT may, subject to the provisions or paragraph c. below, by written notice of default to the Contractor, terminate the whole or any part of this contract in any one of the following circumstances:

(1) If the Contractor fails to make delivery of the supplies or to perform the Services within the time specified herein or any extension thereof; or

(2) If the Contractor fails to perform any of the other provisions of this contract, or so fails to make progress as to endanger performance of this contract in accordance with its terms and in either of these two circumstances does not cure such failure within a period of ten days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure.

b. In the event HQ SACT terminates this contract in whole or in part as provided in paragraph a. of this clause, HQ SACT may procure supplies or services similar to those so terminated and the Contractor shall be liable to HQ SACT for any excess costs for such similar supplies or services. The Contractor shall continue the performance of this contract to the extent not terminated under the provisions of this clause.

c. Except with respect to defaults of sub-contractors, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises out of causes beyond the control and without the fault or negligence of the contractor. If

Page | 11 the failure to perform is caused by the default of a sub-contractor, and if such default arises out of causes beyond the control of both the Contractor and sub-contractor, without the fault or negligence of either of them, the Contractor shall not be liable for any excess costs for failure to perform unless the supplies or services to be furnished by the sub-contractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required…

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