Loren Data's SAM Daily™

FBO DAILY ISSUE OF AUGUST 04, 2004 FBO #0982
SOLICITATION NOTICE

D -- Notification for International Competitve Bidding (ICB) to provide contractor support for the development of an on-line database and filtered access through a secure WAN

Notice Date

8/2/2004
 

Notice Type

Solicitation Notice
 

NAICS

518210 — Data Processing, Hosting, and Related Services
 

Contracting Office

Department of Commerce, Bureau of Industry & Security, Defense Programs Division, Office of Strategic Industries and Economic Security 14th and Pennsylvania Avenue, NW, Room 3876, Washington, DC, 20230
 

ZIP Code

20230
 

Solicitation Number

IMSTAM(FC)-064-04
 

Response Due

9/1/2004
 

Archive Date

9/3/2004
 

Point of Contact

Etta Munford, Industrial Specialist/NATO Procurement, Phone 202-482-8240, Fax 202-482-5650,
 

E-Mail Address

EMUNFORD@bis.doc.gov
 

Description

NATO UNCLASSIFIED Releasable to the Internet 07 July 2004 IMSTAM(FC)-064-04 PERMANENT REPRESENTATIVES TO NATO (attn Administrative Officers) NOTICE OF INTENTION TO ISSUE AN INVITATION FOR INTERNATIONAL BIDDING (IFIB) 1. The Spectrum Management Branch (SMB) of the NATO Headquarters C3 Staff (NHQC3S) is seeking Contractor support for the development of an on-line database and filtered access through a secure WAN. The acronym for this study is 'NEMCA 12' (NATO Electromagnetic Compatibility Analysis project 12). This support will be obtained under the International Competitive Bidding Procedure. 2. Bids must comply with the General and Special Contract Conditions and the Technical Specification, but additional options suggested by Contractors will also be considered. Please note that this is our intent to conclude a firm, fixed price contract for this work. The expected start date of the contract is 01 December 2004, and the expected duration is about 9 to 12 months. 3. If your nation knows of contractors qualified for this work please inform the undersigned of the company name, address, telephone number, fax number and email address of the company point of contact. Nominations should be provided by 03 September 2004. 4. Once contract authority has been received, the International Call for Bids will be sent to all nominated contractors, probably by mid-September 2004, allowing a bidding period of 45 days. NATO UNCLASSIFIED Releasable to the Internet Enclosure 1 to I M STAM (FC )-064-04 NATO ELECTROMAGNETIC COMPATIBILITY ANALYSIS 12 (NEMCA 12) GENERAL AND SPECIAL CONTRACT CONDITIONS TABLE OF CONTENTS 1. OBJECTIVE OF THE CONTRACT 2 2. GENERAL CONTRACT SPECIFICATIONS 2 3. COUNTRIES OF ORIGIN 3 4. BIDS 3 4.1. Procedure 3 4.2. Breakdown 4 4.3. Submission 5 4.4. Closing date 6 4.5. Awards 6 5. PRICES 6 6. DELIVERY - ACCEPTANCE OF GOODS 7 6.1. Delivery 7 6.2. Schedule 7 6.3. Deliverable Items 8 6.4. Acceptance 8 7. INVOICES PAYMENT 8 8. PROJECT MANAGEMENT 9 9. INTELLECTUAL PROPERTY, COPYRIGHT AND DISPOSAL 9 10. SECURITY 9 11. ARBITRATION CLAUSE 11 12. VALIDITY OF CONTRACT 12 1. OBJECTIVE OF THE CONTRACT The Spectrum Management Branch (SMB) of the North Atlantic Treaty Organisation Headquarters C3 Staff (NHQC3S) is seeking contractor support for the study and development described in the attached Technical Specification (see Enclosure 2). In summary, SMB needs to put on-line a frequency assignment database on a classified network, with restrictions on access and selective data to be downloaded by each user. The contract includes the study, coordination meetings, delivery of reports, and on-site implementation and testing of the solution, carriage paid. This Enclosure describes the general NATO contract conditions applicable to all contracts for Goods and Services and gives also specific conditions attached to this contract. 2. GENERAL CONTRACT SPECIFICATIONS a. The Purchasing & Contracting Officer, International Military Staff (IMS) at NATO Headquarters, supported by SMB is responsible for applying the bidding procedure to meet the requirements of the Organisation. b. Implementation of this procedure does not entail any obligation to award the contract; the competent authority may either decide not to let the contract or set the procedure in motion again, if necessary in a different form. c. When the contract covers several lots, the competent authority reserves the right to allocate some of them only and it may even decide that the other lots will be covered by one or more contracts, if necessary under a different procedure. d. Calls for bids may be altered or cancelled in whole or in part, before the closing date for bids, in which case the bidders are informed in writing. e. These General and Special Contract Conditions are an integral part of the Call for Bids and shall apply in full. 3. COUNTRIES OF ORIGIN The Contractor personnel must come from one of the NATO member countries, namely (in alphabetical order). BELGIUM, BULGARIA, CANADA, CZECH REPUBLIC, DENMARK, ESTONIA, FRANCE, GERMANY, GREECE, HUNGARY, ITALY, ICELAND, LATVIA, LITUANIA, LUXEMBOURG, NETHERLANDS, NORWAY, POLAND, PORTUGAL, RUMANIA, SLOVAKIA, SLOVENIA, SPAIN, TURKEY, UNITED KINGDOM and UNITED STATES. 4. BIDS 4.1 Procedure a. The working language of the SMB Staff is English. Therefore all correspondence, documentation and discussions during the bidding phase and the contract will be preferably in English. However, questions may be received in French. b. Bids must be received in triple in separated sealed envelopes, as detailed in paragraph 4.3 , before the closing date. c. Up to the closing date, bidders may modify or cancel their offers in whole or in part. d. Unless otherwise stated in the special contract specifications, bidders may make alternative proposals on a separate sheet, which must be clearly marked ?ALTERNATIVE?. e. The Bidders are authorized to subcontract some parts of the Contract. However, Bids will be made in the Bidder's name and the Contract implemented under their sole responsibility. f. The Bidders may submit only one Bid which may itself include several separate options or alternatives, in which case they will be numbered from 1 to n. g. Each Bid must meet the Contract objective. However, the Bidders may complement each option by adding any suggestions they deem worthwhile, provided they do not alter the basic requirement. h. A Bid, which does not allow its conformance with the specifications to be determined without ambiguity, will be rejected. i. Questions relating to the Technical Specification are permitted and should be addressed to the Project Manager mentioned in paragraph 1. If appropriate, these question(s) and the answers will be copied to all interested parties while protecting the identity of the originator. Companies, which received this package through their National Representatives or Delegations, and interested in receiving copies of any correspondence, should register their interest with the Project Manager. 4.2 Breakdown a. The Contractor must demonstrate in the bid a proper understanding of the project. b. The Contractor must indicate any software package he intends to use, for the documentation and possible simulation prototypes. The Contractor must also supply the proposed timetable. c. Bid costs, manpower estimates and the desired payment schedule should be listed against this timetable. The payment schedule must be in accordance with the progress of work. d. The frequency and location of technical review meetings should be indicated in the Bid. The location, in general, should be NATO HQ. The attendance of NATO personnel at contractor's premises should be kept to a minimum. There will be no charge by NATO for the attendance of NATO personnel at contractor's premises. e. Bids should, in addition, cost the following items separately to enable NATO to select or refuse particular items: ? For manpower, broken down into effort at the contractor's premises and at NATO HQ. ? For computer charges. ? For hardware and standard software procured in the scope of the study, indicating also if software will be either delivered as part of contract or retained by the contractor. ? For travel and other expenses of the contractor (separate project management cost from installation / training costs). ? For the prototypes if any. ? For any option(s) offered by the Contractor. 4.3 Submission a. Breakdown: in THREE identical copies in three envelopes stating : ?Call for Bids 1MS 2004-XXX? which must contain two separate envelopes : ? The first envelope should contain the technical proposal and should be clearly marked: ?TECHNICAL PROPOSAL? and should not contain any financial information. ? The second envelope should contain the financial proposal and be clearly marked ?FINANCIAL PROPOSAL?. b. Validity: The Bidder shall remain bound by his Bid until 31 December 2004. c. Documents to be included with the Administrative Bid: ? The Bidder's references including in particular a list of private and/or public companies to which he has already supplied equipment similar to those proposed (included in the Technical Proposal). ? The attached form ?acceptance of conditions governing NATO invitation for bids?. 4.4 Closing date Probably end October 2004. 4.5 Awards a. The Awards Committee meets in private. b. The Awards Committee may accept or reject bids in whole or in part, as stated in paragraph 2. c. The Awards Committee selects the valid bid which it considers the most advantageous, taking into account the quotation, the cost of utilisation, the technical characteristics, the reliability of supplies, the professional and financial credibility of each bidder, the time schedule, any other relevant considerations, whether or not they are covered by the Special Contract Specifications, together with any ?SUGGESTIONS? made in the bid, unless otherwise stipulated in the Special Contract Specifications. d. Bidders will be informed in writing whether their offer has been accepted or rejected. No reasons will be given. 5. PRICES a. Except where otherwise stated by the bidder, the prices given shall be firm and not subject to revision at any time during the year in which the call for bids is made. They shall be applicable not only to the quantity stated in the Special Contract Specifications, but also to any additional orders which may be placed during the year. b. Prices may be quoted in the currency of the bidding country or in Euros. c. Under Articles 9 and 10 of the Ottawa Agreement approved by the Act of 1st February, 1955 (Moniteur Beige issue of 6th March, 1955): ?Services supplied and goods delivered to the Organisation for its official use shall be exempt from value added tax for each operation the cost of which is 123.94 ? or more, exclusive of VAT. Goods and services supplied in this way will be treated as exports.? d. Similarly, the Organisation is exempt from all Customs duties and quantitative restrictions on imports and exports in respect of articles imported or exported by the Organisation for its official use, regardless of the amount. Under this provision, goods imported by the Organisation for its official use are exempt from VAT. Such exemption is granted by the Customs and Excise in accordance with the procedures governing import duties, even in the case of goods on which no such duty is payable. 6. DELIVERY - ACCEPTANCE OF GOODS 6.1 Delivery a. Unless otherwise stipulated by the Organisation, goods shall be delivered to the following address between 0900 hrs and 1230 hrs and 1400 hrs and 1700 hrs on working days: NATO HQ Mr S. BASSO, NHQC3S/SMB (Room T 3049) Bvd Leopold III 1110 Brussels b: Goods. shall be delivered packed in accordance with the normal standards applicable to each category of supplies. c. The delivery dates given in the Contract must be strictly adhered to unless otherwise stipulated by the contractor, in agreement with the Organisation. d. Goods will be accepted only if they meet recent specifications and are delivered undamaged and subject to quantity checks by the acceptance service and-quality checks,by the users. In the event of these conditions not being respected in full, the Organisation reserves the right either to cancel the order, or to procure the whole of the order from another supplier at the contractor's expense, or to reduce the overall price. 6.2 Schedule a. The delivery schedule shall be mentioned explicitly in the Bid. b. The intention is that the tools developed should be delivered at NATO HQ approximately by 30 September 2005 to allow final acceptance two months later. 6.3 Deliverable Items The following items will be delivered in accordance with the agreed schedule: ? Progress reports: proposed periodicity to be included in the Bid. ? Final Report: This report should be self-sufficient and contain detailed information on the overall process and its implementation. This report should not contain any copyright marking and be freely distributed by SMB to NATO members. ? Software: The necessary tools should be installed at NATO HQ (SMB) and at least in one external location (NATO Command to be selected). The delivery should include the installation software, all installation procedures and all supporting software (compilers, other utilities, prototypes if any) and associated documentation, to allow the SMB staff to re-compile and install all the tools. 6.4 Acceptance The final delivery will only be accepted two months after complete installation at NATO HQ, to allow thorough testing with external users through the network. 7. INVOICES - PAYMENT a. Numbered invoices must be submitted for all orders after FULL delivery. b. The invoice should show the references, serial numbers and dates of the order form or the work contract and the consignment note and give a detailed description of the goods together with their reference numbers. c. Invoices must be made out in TRIPLICATE. d. As stipulated under 5.b and 5.c, the Organisation is fully exempt from Customs duties and VAT for all transactions that amount to 123.94 ? or more, exclusive of VAT. For this purpose, all invoices must bear the words: ?NET OF VAT, ARTICLE 42, ? 2 - 2 OF THE CODE - CIRCULAR N? 67/1970?. e. Invoices must be sent to the Organisation, at the same address as the deliverables (see paragraph 6.1) within TEN days of COMPLETION of the deliveries. f. Payment will be made by NATO by postal or bank transfer after the goods have been accepted and on presentation of a provisional acceptance report, where appropriate, and on receipt of invoices in triplicate for the agreed amount as shown on the order form or the work contract, less any performance bond. g. Contracts can provide for no advance payments except for services rendered and accepted. 8. PROJECT MANAGEMENT A pre-contract meeting to be held at NATO HQ is expected to be necessary to review and agree on the final terms of the contract. A close control of the project will be necessary; however, travel budget being limited in NATO, the SMB Staff will not be able to visit the Contractor as often as would be wished. Therefore the Contractor will have to schedule and to account for regular meetings at NATO HQ. 9. INTELLECTUAL PROPERTY, COPYRIGHT AND DISPOSAL All reports, source code, executables and documentation developed by the Contractor in the scope of this contract will become the property of NATO. NATO will become the owner of any copyright ' to source code, executables and documentation generated under the contract. If any copyright notice is attached to such source code, executables or documentation it shall state ?Copyright NATO HQ C3 Staff'. Software and documentation created and delivered under the contract may be passed on without charge nor licence fee to any NATO Nation or Command (or other approved Nations or Commands) for use for defence purposes, or to other contractors as requested for further developments. 10. SECURITY a. The Contractor shall comply with such security measures as are prescribed by NATO and the National Security Authorities of the NATO countries in which the contract is being ?performed for the safeguarding of classified information entrusted to him or generated by him in connection with the performance of the contract. b. Contractor and sub-contractor personnel employed under this project may require access to locations where classified materials and information up to and including 'NATO SECRET' are handled; therefore, such personnel shall be required to have a security clearance to this level from their National Security Authority. It shall be the Contractor's responsibility to inform NATO of the confirmation of such clearances by the relevant National Security Authority. c. In particular, the Contractor undertakes to: (1) Appoint an official responsible for supervising and directing security measures in relation to the contract; (2) Maintain, preferably through the official responsible for security measures, a continuing relationship with the National Security Authority or designated security agency charged with ensuring that all NATO classified information involved in the contract is properly safeguarded; (3) Abstain from copying by any means, without the authorisation of the National Security Authority or designated security agency any classified documents, plans, photographs or other classified material entrusted to him by the Government through channels approved by the Government; (4) Furnish, on request, information to the National Security Authority or designated security agency pertaining to all persons who will be required to have access to NATO classified information; (5) Maintain at the work site a current record of his employees at the site who have been cleared for access to NATO classified information. The record should show the date and level of clearance; (6) Deny access to NATO classified information to any person other than those persons authorised to have such access by the National Security Authority or designated security agency; (7) Limit the dissemination of NATO classified information to the smallest number of persons as is consistent with the proper execution of the contract; (8) Comply with any request from the National Security Authority or designated security agency that persons entrusted with NATO classified information signify their understanding both of their obligations under national legislation affecting the safeguarding of classified information, and of their comparable obligations under the laws of the other NATO Nations in which they may have access to classified information; (9) Report to the National Security Authority or designated Security Agency any breaches or suspected breaches of security, suspected sabotage, or other matters of security significance which would include any changes that may occur in the ownership, control or management of the facility or any changes that affect the security arrangements and security status of the facility and to make such other reports as may be required by the National Security reports as may be required by the National Security Authority or designated security agency, e.g. reports on the holdings of NATO classified information; (10) Apply to IMS for approval before sub-contracting any part of the work and, if the sub-contract would involve the sub-contractor in access of NATO classified information, to place the sub-contractor under appropriate security obligations no less stringent than those applied to his own contract; (11) Undertake not to utilize, other than for the specific purpose of the contract, without the prior written permission of SMB or his authorised representative, any NATO classified information furnished to him, including all reproductions thereof in connection with the contract, and to return all NATO classified information referred to above as well as that developed in connection with the contract, unless such information has been destroyed, or its retention has been duly authorised with the approval of SMB. Such NATO classified information will be returned at such time as SMB or his authorised representative may direct. 11. ARBITRATION CLAUSE a. In the event of a dispute, the parties shall attempt to settle their differences in an amicable manner; however, notwithstanding the foregoing, the parties agree to institute arbitration proceedings in the manner provided below. b. The party instituting the arbitration proceedings shall advise the other party by registered letter, with official notice of delivery, of his desire to have recourse to arbitration. Within a period of thirty days from the date of receipt of this letter, the parties shall jointly 'appoint an arbitrator. In the event of failure to appoint an arbitrator, the dispute or disputes shall be submitted to an Arbitration Tribunal consisting of three arbitrators, one being appointed by NATO, another by the other contracting party, and the third, who shall act as President of the Tribunal, by these two arbitrators. Should one of the parties fail to appoint an arbitrator during the fifteen days following the expiration of the first period of the thirty days, or should the two arbitrators be unable to agree on the choice of the third member of the Arbitration Tribunal, within thirty days following the expiration of the said 'first period, the appointment shall be made, within twenty-one days, at the request of the party instituting the proceedings, by the Secretary General of Permanent Court of Arbitration at the Hague. c. Regardless of the procedure concerning the appointment of this Arbitration Tribunal, the third arbitrator will have to be of a nationality different from the nationality of the other two members of the Tribunal. d. Any arbitrator must be of the nationality of any one of the member States of NATO and shall be bound by the rules of security in force within NATO. e. Any person appearing before the Arbitration Tribunal in the capacity of an expert witness shall, if he is of the nationality of one of the member States of NATO, be bound by the rules of security in force within NATO; if he is of another nationality, no NATO classified documents or information shall be communicated to him. f. An arbitrator who, for any reason whatsoever, ceases to act as an arbitrator, shall be replaced under the procedure laid down in paragraph 11.a. above. g. The Arbitration Tribunal will take its decisions by a majority vote. It shall decide where it will meet and, unless it decides otherwise, shall follow the arbitration procedures of the International Chamber of Commerce in force at the date of the signature of the present contract. h. The awards of the arbitrator of the Arbitration Tribunal shall be final and these shall be no right of appeal or recourse of any kind. These awards shall determine the apportionment of the arbitration expenses. 12. VALIDITY OF CONTRACT The validity of the contract is contingent on signature by the Financial Controller, IMS and the Purchasing & Contracting Officer on behalf of NATO and by the appointed representative of the Contractor. ALL U.S. FIRMS MUST BE CERTIFIED BY THE U.S. DEPARTMENT OF COMMERCE IN ORDER TO RECEIVE BID MATERIALS FOR THIS PROCUREMENT. FOR MORE INFORMATION, VISIT: http://www.bis.doc.gov/defenseindustrialbaseprograms/OSIES/NATOprograms/index.htm
 

Place of Performance

Address: North Atlantic Treaty Organization, Brussels

Country: Belgium
 

Record

SN00634693-W 20040804/040802211736 (fbodaily.com)
 

Source

FedBizOpps.gov Link to This Notice
(may not be valid after Archive Date)

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