PART1 from IFB CO 13345.pdf (scanned document)b. Text Chat c. Track Augmentation d. C2 Interoperability e. Software License Management 1.1.3. The entirety of this IFB is constituted

N A T O U N C L A S S I F I E D

INVITATION FOR BID

IFB-CO-13345-AMN12

Development, implementation and support of Afghanistan Mission Network (AMN) 2012 Core Capabilities

AUTHORISATION/SERIAL NOS.

AC/4-DS(2011)0030

Project Serials No.: 2012/5VA30597

BOOK I

INSTRUCTIONS TO BIDDERS

N A T O U N C L A S S I F I E D IFB-CO-13345-AMN12

Book I, Bidding Instructions





TABLE OF CONTENTS SECTION 1 INTRODUCTION 1

1.1. Purpose and structure of the Invitation for Bids (IFB) 1 1.2. Governing Rules and Eligibility 2 1.3. Security 2 1.4. Bidders’ Library - Release of Controlled Reference Documentation and Materials 2

SECTION 2 GENERAL BIDDING INFORMATION 4 2.1. Definitions 4 2.2. Eligibility and Origin of Equipment and Services 5 2.3. Bid Delivery and Bid Closing 5 2.4. Requests for Extension of Bid Closing Date 7

2.5. Purchaser’s Point of Contact 7 2.6. Request for IFB Clarifications 7 2.7. Requests for Waivers and Deviations 8 2.8. Amendment of the Invitation for Bid 9 2.9. Modification and Withdrawal of Bids 9 2.10. Bid Validity 10 2.11. Bid Guarantee 10 2.12. Cancellation of Invitation for Bid 12 2.13. Electronic Transmission of Information and Data 12 2.14. Supplemental Agreements 13 2.15. Notice of Limitations on Use of Intellectual Property Delivered to the Purchaser 13 2.16. Mandatory Quality Assurance and Quality Control Standards 14

SECTION 3 BID PREPARATION INSTRUCTIONS 15 3.1. General 15 3.2. Bid Package Content 15 3.3. Package Marking 16 3.4. Volume 1 – Bid Administration Package 16 3.5. Volume 2 - Price Quotation 18 3.6. Volume 3 - Technical Proposal Package and Technical Demonstation 19

SECTION 4 BID EVALUATION AND CONTRACT AWARD 27

4.1. General 27 4.2. Best Value Award Approach and Bid Evaluation Factors 28 4.3. Evaluation Procedure 30 4.4. Evaluation Step 1 - Administrative Compliance 31 4.5. Evaluation Step 2 - Technical Evaluation 32

4.6. Evaluation Step 3 - Price Evaluation 41 4.7. Evaluation Step 4 – Calculation of Best Value Scores 45

Annex A Bidding Sheets Package 1

Annex B Prescribed Administrative Forms and Certificates 1

Annex C Bid Guarantee - Standby Letter of Credit 1

Annex D Non Disclosure Undertaking Error! Bookmark not defined.

Annex E Purchaser Project Master Schedule 1

Annex F Clarification Request Form 1




SECTION 1 INTRODUCTION

1.1. Purpose and structure of the Invitation for Bids (IFB)

1.1.1. The purpose of this Invitation for Bid (IFB) is to award a Contract for the development, testing, implementation and support of a set of capabilities part of the Afghanistan Mission Network 2012 (AMN 2012).

1.1.2. The capabilities to be delivered within any the framework of any Contract resulting from this competitive exercise are described in detail in the Statement of Work made part of this IFB in accordance with the structure depicted in paragraph 1.1.3 and in summary are: a. Enterprise Portal b. Text Chat c. Track Augmentation d. C2 Interoperability e. Software License Management

1.1.3. The entirety of this IFB is constituted by the following documentation: a. Book I – Instruction for Bidders This document provides information associated with the conduction of the IFB, establishes its mandatory terms, lists the documentation bidders are required to submit within the context of their bids and the evaluation methodology that will be followed further to the bid closing. Part of Book I are also mandatory certifications bidders are to provide as part of their bid along with administrative instructions relevant to the competitive exercise. This Book I is divided in the following sections: Section I (this section) Introduction Section II General Bidding information Section III Bid Preparation Instructions Section IV Bid Evaluation Annexes Certifications and Purchaer Project Master Schedule Bidding Sheets b. Book II – Prospective Contract This document represent the Prospective Contract that subject to the terms of the IFB is envisioned to be awarded. It includes terms and conditions associated with the performance to be rendered and the deliverables to be produced along with the technical description of the requirements associated with such performance, the timelines to be adhered to as well as the project management requirements which shall be regarded as mandatory. Book II (Prospective Contract) is comprised of the following elements and divided in the following parts: Contract Signature Page




Part I Schedule of Supplies and Services inclusive of PMS detailing performance timelines which are mandatory and are subject to the terms of the Contract. Part II Special Contract Provisions Part III General Contract Provisions Part IV Statement of Work (SOW) SOW Annexes System Requirement Specifications (SRS) for each of the capabilities to be developed, tested, implemented and supported.

1.2. Governing Rules and Eligibility

1.2.1. Procedure governing the IFB and firms eligibility

1.2.1.1. This solicitation is an International Invitation for Bid and is issued in accordance with the procedures for Alliance Operations and Missions International Competitive Bidding ‘AOM ICB) set forth in the NATO document AC/4-D(2011)0009. Pursuant to these procedures, bidding is restricted to companies from participating NATO member nations for which a Declaration of Eligibility has been issued by their respective government authorities and to those firms which hold an active Basic Ordering Agreement (BOA) with the NATO C3 Agency.

1.2.2. Best Value Source Selection Procedure

1.2.2.1. For the purpose of awarding any Contract resulting from this IFB and subject to its terms, assessment, evaluation and selection of bid(s) will be conducted in accordance with the Best Value Procedures set forth in Annex X of AC/4-D-2261 (1996 Edition).

1.2.2.2. The bid evaluation criteria and the detailed evaluation procedures are described in SECTION 4

1.2.3. This Invitation for Bid will not be the subject of a public Bid opening.

1.3. Security

1.3.1. This Invitation for Bid has been classified as NATO UNCLASSIFIED.

1.3.2. For the purpose of the performance under the contract, the Contractor shall be required to handle and store classified material up to the level of “NATO SECRET” and shall therefore possess at the time of contract award the appropriate facility and personnel clearances.

1.3.3. All NATO CLASSIFIED material entrusted to the Contractor shall be handled and safeguarded in accordance with applicable security regulations.

1.3.4. Bidders are advised that contract signature will not be delayed in order to allow for the processing of security clearances for personnel or facilities and, should the otherwise successful Bidder not be in a position to accept the offered




Contract within a reasonable period of time, because the firm’s personnel or facilities do not possess the appropriate security clearance(s), the Purchaser may determine the Bidder’s Offer to be non-compliant and offer the Contract to the next ranking Bidder. The Bidder who would not sign the Contract shall be liable for forfeiture of the Bid Guarantee in such cases.

1.4. Bidders’ Library - Release of Controlled Reference Documentation and Materials

1.4.1. Prospective Bidders are informed that a Bidders Library, consisting of applicable reference documents, is provided on request to prospective bidders to support the elaboration of their tender.

1.4.2. This Bidders’ Library will be distributed, in accordance with the applicable NATO security regulation dependent on the document classification and solely upon request. Documentation will be forwarded to the bidders either via the National Delegation, for documents with classification higher than NATO UNCLASSIFIED, or via mail for documentation NATO UNCLASSIFIED. Documentation that can be obtained via commercial providers or otherwise normally available to the public will not be provided. A list of the documentation included in the Bidders’ Library is enclosed to this IFB.

1.4.3. In addition, other materials (including software) identified in the Non Disclosure Undertaking in Error! Reference source not found. and associated with this IFB can be requested and obtained by the Bidders. Because of their nature, ownership or other constraints the Issuance of these documents and materials is subject to the signature by the Bidder of the Non Disclosure Undertaking in Error! Reference source not found..

1.4.4. Bidder’s attention is drawn to the fact that a number of prototypes indicated in Error! Reference source not found. for which release can be requested, require, in order to function, additional COTS or Open Source products. The Purchaser shall not provide such products and it shall therefore be the responsibility of the Bidders to assess the impact of any necessary license to be obtained as well as the financial implications associable with the procurement of these licenses.



N A T O U N C L A S S I F I E D Page 4 of 81

SECTION 2 GENERAL BIDDING INFORMATION

2.1. Definitions

2.1.1. In addition to the definitions and acronyms set in Clause 1 of Part II of the prospective Contract and the definitions and acronyms set in the Clause entitled “Definitions” of the NC3O General Contract Provisions (Part III), the following terms and acronyms, as used in this Invitation for Bid shall have the meanings specified below:

2.1.1.1. "Bidder": a firm, consortium, or joint venture which submits an offer in response to this solicitation. Bidders are at liberty to constitute themselves into any form of Contractual arrangements or legal entity they desire, bearing in mind that in consortium-type arrangements a single judicial personality shall be established to represent that legal entity. A legal entity, such as an individual, Partnership or Corporation, herein referred to as the “Principal Contractor”, shall represent all members of the consortium with the NATO C3 AGENCY and/or NATO. The “Principal Contractor” shall be vested with full power and authority to act on behalf of all members of the consortium, within the prescribed powers stated in an irrevocable Power of Attorney issued to the “Principal Contractor” by all members associated with the consortium. Evidence of authority to act on behalf of the consortium by the “Principal Contractor” shall be enclosed and sent with the Bid. Failure to furnish proof of authority shall be a reason for the Bid being declared non compliant.

2.1.1.2. "Compliance": strict conformity to the requirements and standards specified in this IFB and its attachments.

2.1.1.3. "Contractor": the awardee of this solicitation of offers, which shall be responsible for the fulfilment of the requirements established in the prospective Contract.

2.1.1.4. “Firm of a Participating Country”: an eligible firm legally constituted or chartered under the laws of, and geographically located in, or falling under the jurisdiction of a Participating Country.

2.1.1.5. “Participating Country”: any of the NATO nations contributing to the project, namely, (in alphabetical order): ALBANIA, BELGIUM, BULGARIA, CANADA, CROATIA, CZECH REPUBLIC, DENMARK, ESTONIA, FRANCE, GERMANY, GREECE, HUNGARY, ICELAND, ITALY, LATVIA, LITHUANIA, LUXEMBOURG, THE NETHERLANDS, NORWAY, POLAND, PORTUGAL, ROMANIA, SLOVAKIA, SLOVENIA, SPAIN, TURKEY, THE UNITED KINGDOM and THE UNITED STATES

“Purchaser”: NATO C3 Agency or its legal successor.

2.1.1.6. “Quotation” or “Bid”: a binding offer to perform the work specified in the attached prospective Contract (Book II)




2.1.1.7. “IFB”: Invitation for Bid

2.2. Eligibility and Origin of Equipment and Services

2.2.1. As stated in paragraph 1.2.1 above, only firms from a Participating Country are eligible to engage in this competitive Bidding process. In addition, all Contractors, sub-Contractors and manufacturers, at any tier, must be from Participating Countries.

2.2.2. None of the work, including project design, labour and services shall be performed other than by firms from and within Participating Countries.

2.2.3. No materials or items of equipment down to and including identifiable Sub-assemblies shall be manufactured or assembled by a firm other than from and within a Participating Country.

2.2.4. Unless otherwise authorised by the terms of the prospective Contract, the Intellectual Property Rights to all design documentation and related system operating software shall reside in NATO member countries, and no license fees or royalty charges shall be paid by the Contractor to firms, individuals or governments other than within the NATO member community.

2.3. Bid Delivery and Bid Closing

2.3.1. All Bids shall be in the possession of the Purchaser at the address given below in paragraph 2.3.2 on/or before 17:00 hours on 05 July 2012 (Brussels Local Time), at which time and date Bidding shall be closed. Please note it is not the intension of the Purchaser to extend the Bid Closing Date.

2.3.2. Bids shall be delivered to the following address:

2.3.2.1. By Post: NATO C3 Agency ACQ/ASG (ATTN: Mr. Les Hendriks / Mr. G. Piliego) Boulevard Leopold III 1110 Brussels

Belgium Ph. 0032-(0)2-707-8278

2.3.2.2. Hand Carried Service or courier NATO C3 Agency ACQ/ASG (ATTN: Mr. Les Hendriks) Bâtiment Z Avenue du Bourget 140

B-1110 Brussels Belgium Ph. 0032-(0)2-707-8278




2.3.3. Bids forwarded by electronic means (i.e. email) are not permitted and will not be considered. Bidders shall note that electronic (CD ROM) copies of their Bid are required to be submitted with their "hard copy" in accordance with the submission prescriptions as further detailed in Section III of this Book I.

2.3.4. Bidders are advised that security or other personnel remaining on the premises outside of normal business hours will decline to sign or issue receipts for delivered items. It is the responsibility of the Bidder to ensure that delivery of the bid is performed during duty hours and days (i.e. Monday throught Friday from 8.30 through 1630 local time – Official NATO and Belgian Holidays are excluded).

2.3.5. Late Bids

2.3.5.1. Bids which are delivered to the Purchaser after the specified time and date set forth above for Bid Closing are "Late Bids" and shall not be considered for award. Such Bids will be returned unopened to the Bidder at the Bidder's expense unless the Purchaser can determine that the Bid in question meets the criteria for consideration as specified below.

2.3.5.2. Consideration of Late Bid – The Purchaser considers that it is the responsibility of the Bidder to ensure that the Bid submission arrives by the specified Bid Closing time. Considering the number and quality of express delivery services, courier services and special services provided by the national postal systems, a late Bid shall only be considered for award under the following circumstances:

2.3.5.2.1. A Contract has not already been awarded pursuant to the Invitation for Bid, and

2.3.5.2.2. The Bid was sent to the address specified in the IFB by ordinary, registered or certified mail not later than ten (10) calendar days before the Bid closing date and the delay was due solely to the national or international postal system for which the Bidder bears no responsibility (the official postmark for ordinary and Registered Mail or the date of the receipt for Certified Mail will be used to determine the date of mailing), or

2.3.5.2.3. The Bid was hand carried, or delivered by a private courier service and the Bidder can produce a receipt which demonstrates that the delivery was made to the correct address and received by a member of the NATO C3 Agency and the failure to be received by the Contracting Authority was due to mishandling within the Purchaser’s organisation.

2.3.5.3. A Late Bid which was hand-carried, or delivered by a private courier, for which a proper receipt cannot be produced, cannot be considered for award under any circumstances nor can late Bids which bear no post marks or for which documentary evidence of mailing date cannot be produced.




2.4. Requests for Extension of Bid Closing Date

2.4.1. Bidders are informed that requests for extension to the closing date for the IFB shall be submitted only via the point of contact indicated in paragraph 2.5.1 below. Without prejudice to the prescriptions of AC/4-D(2011)009 and in light of the urgency of the requirement associated with the implementation of the capabilities which are the subject of this IFB, the Purchaser, will limit extension of the bid closing date to the maximum extent feasible.

2.5. Purchaser’s Point of Contact

2.5.1. The Purchaser point of contact for all information concerning this Invitation for Bid is:

Mr. Giacomo Piliego, Senior Contracting Officer Acquisition Support Group Tel: +32.2.707.81.73 Fax: +32.2.707.87.70 E-mail: [email protected]

Bidders are required to send electronic copy of any communication to: Mr. Les Hendriks, Senior Contracting Assistant Acquisition Support Group Tel: +32.2.707.82.78 Fax: +32.2.707.87.70 E-mail: [email protected]

2.5.2. All correspondence related to the IFB will be forwarded to:

NATO C3 Agency Boulevard Leopold III 1110 Brussels, Belgium Acquisition Support Group Attn: Mr. Giacomo Piliego – Mr. Les Hendriks (contact details stated above)

2.6. Request for IFB Clarifications

2.6.1. Bidders, at the earliest stage possible during the course of the solicitation period, are encouraged to query and seek clarification of any matters of a Contractual, administrative and technical nature pertaining to this IFB.

2.6.2. All questions and requests for clarification shall be forwarded to the Purchaser via email using the Clarification Request Form provided at Annex F of this Book I. Such questions shall be forwarded to the points of contacts specified in paragraph 2.5.1 above and shall be received before 17:00 hours on 24 May 2012 (Brussels Local time). The Purchaser is under no obligation to answer questions

mailto:[email protected]





submitted after this time. Requests for clarification must address the totality of the concerns of the Bidder for any given area, as the Bidder will generally not be permitted to revisit areas of the IFB for additional clarification.

2.6.3. It is the responsibility of the Bidders to ensure that all Clarification Requests submitted bear no mark, logo or any other form or sign that may lead to reveal the Bidders’ identity in the language constituting the clarification itself. This prescription is not applicable to the mean used for the transmission of the clarification (i.e. email or form by which the clarification is forwarded).

2.6.4. The Purchaser declines all responsibilities associated to any and all circumstances regardless of the nature or subject matter arising from the Bidders’ failure or inability to abide to the prescription in paragraph 2.6.3.

2.6.5. The Purchaser may provide for the removal of any form of identification in the body of the clarification request in those instances in which such practice is feasible as well as providing for a re-wording of the clarification request in those cases in which the original language submitted is deemed ambiguous, unclear, subject to different interpretation or revelatory of the Bidders identity.

2.6.6. Bidders are advised that subsequent questions and/or requests for clarification included in a Bid shall neither be answered nor considered for evaluation and may be considered by the Purchaser as grounds for a determination of non-compliance.

2.6.7. Except as provided above, all questions will be answered by the Purchaser and the questions and answers will be issued in writing to all prospective Bidders.

2.6.8. The published answers issued by the Purchaser shall be regarded as the authoritative interpretation of the Invitation for Bid and shall be taken into account by the bidders with respect to the content of their bid. .

2.6.9. Where the response to a clarification request implies a change in any the IFB documentation, the Purchaser will issue a formal amendment to the IFB pursuant to AC/4-D(2011)009 and in accordance with paragraph 2.8 below.

2.6.10. The Purchaser reserves the right to reject clarification requests clearly devised or submitted for the purpose of artificially obtaining an extension of the bidding time (i.e. clarifications re-submitted using different wording where such wording does not change the essence of the clarification being requested).

2.6.11. Bidders are advised that inputs provided by bidders which cannot, because of their content and nature, be regarded as Request for Clarifications (e.g. request for changes of terms or technical specifications the grounds of which cannot be related to an ambiguity, inconsistency or mistake of any document in the IFB) shall not be taken into consideration and shall not be replied to.

2.7. Requests for Waivers and Deviations

2.7.1. Alterations to the specifications, terms and conditions of the Contract which are included in a Bid in any manner or form, may be regarded by the Purchaser as a




qualification or condition of the Bid and may be grounds for a determination of non-compliance.

2.8. Amendment of the Invitation for Bid

2.8.1. The Purchaser may revise, amend or correct the terms, conditions and/or specifications and provisions of the IFB at any time prior to the date set for the Bid Closing. Any and all modifications will be transmitted to all Bidders by an official amendment designated as such and signed by the Contracting Authority. Such amendment may be accompanied by an acknowledgement of receipt which the Bidder shall complete and forward to the Purchaser. Alternatively the Purchaser may provide for an automatic reception notification mechanism within its electronic transmission (i.e. email receipt). This process of IFB amendment issuance may be part of the clarification procedures set forth in paragraph 2.6 above or be an independent action on the part of the Purchaser.

2.8.2. The Purchaser will consider the potential impact of amendments on the ability of prospective Bidders to prepare a proper Bid within the allotted time. The Purchaser may extend the "Bid Closing Date" at its discretion and such extension will be set forth in the amendment document.

2.8.3. All revision or amendments issued by the Purchaser shall also be acknowledged by the Bidder in its Bid by completing the “Acknowledgement of Receipt of IFB Amendments” at Annex B-2. Failure to acknowledge receipt of all amendments may be grounds to determine the Bid to be non-compliant.

2.9. Modification and Withdrawal of Bids

2.9.1. Bids, once submitted, may be modified by Bidders, but only to the extent that the modifications are in writing, conform to the requirements of the IFB, and are received by the Purchaser prior to the exact time and date established for Bid Closing. Such modifications shall be considered as an integral part of the submitted Bid.

2.9.2. Modifications to Bids which arrive after the Bid Closing Date will be considered as "Late Modifications" and will be processed in accordance with the procedure set forth above concerning "Late Bids", except that unlike a "Late Bid", the Purchaser will retain the modification until a selection is made. A modification to a Bid which is determined to be late will not be considered in the evaluation and selection process. If the Bidder submitting the modification is determined to be the successful Bidder on the basis of the unmodified Bid, the modification may then be opened. If the modification makes the terms of the Bid more favourable to the Purchaser, the modified Bid may be used as the basis of Contract award. The Purchaser, however, reserves the right to award a Contract to the apparent successful Bidder on the basis of the Bid submitted and disregard the late modification.

2.9.3. A Bidder may withdraw its Bid at any time prior to Bid Opening without penalty. In order to do so, an authorised agent or employee of the Bidder must




provide an original statement of the firm's decision to withdraw the Bid and remove the Bid from the Purchaser’s premises.

2.9.4. Except as provided in paragraph 2.10.4.2 below, a Bidder may withdraw its Bid after Bid Opening only by forfeiture of the Bid Guarantee.

2.10. Bid Validity

2.10.1. Bidders shall be bound by the term of their Bids for a period of twelve (12) months starting from the Bid Closing Date specified in paragraph 2.3.1 above.

2.10.2. In order to comply with this requirement, the Bidder shall complete the Certificate of Bid Validity set forth in Annex B-4. Bids offering less than the period of time referred to above for acceptance by the Purchaser may be determined to be non-compliant.

2.10.3. The Purchaser will endeavour to complete the evaluation and make an award within the period referred to above. However, should that period of time prove insufficient to render an award, the Purchaser reserves the right to request an extension of the period of validity of all Bids which remain under consideration for award.

2.10.4. Upon notification by the Purchaser of such a request for a time extension, the Bidders shall have the right to:

2.10.4.1. accept this extension of time in which case Bidders shall be bound by the terms of their offer for the extended period of time and the Bid Guarantee and Certificate of Bid Validity extended accordingly; or

2.10.4.2. refuse this extension of time and withdraw the Bid, in which case the Purchaser will return to the Bidder its Bid Guarantee in the full amount without penalty.

2.10.5. Bidders shall not have the right to modify their Bids due to a Purchaser request for extension of the Bid validity unless expressly stated in such request.

2.11. Bid Guarantee

2.11.1. The Bidder shall furnish with his Bid a Guarantee in an amount equal to One Hundred Thousand Euros (€100,000) with a validity equal to that of the bid as expressed in paragraph 2.10.1. The Bid Guarantee shall be in the form of an irrevocable, unqualified and unconditional Standby Letter of Credit (SLC) issued by a Belgian banking institution fully governed by Belgian legislation or issued by a non-Belgian financial institution and confirmed by a Belgian banking institution fully governed by Belgian legislation. In the latter case signed original letters from both the issuing institution and the confirming institution must be provided. The confirming Belgian bank shall clearly state that it will guarantee the funds, the drawing against can be made by the NC3A at its premises in Belgium. Bid Guarantees shall be made payable to the Treasurer, NATO C3 Agency.




2.11.2. Alternatively, a Bidder may elect to post the required Guarantee by certified cheque. If the latter method is selected, Bidders are informed that the Purchaser will cash the cheque on the Bid Closing Date.

2.11.3. If the Bid Closing Date is extended after a Bidder's financial institution has issued a Bid Guarantee, it is the obligation of the Bidder to have such Bid Guarantee (and confirmation, as applicable) extended to reflect the revised Bid Validity date occasioned by such extension.

2.11.4. Failure to furnish the required Bid Guarantee in the proper amount, and in the proper form and for the appropriate duration by the Bid Closing Date may be cause for the Bid to be determined non-compliant.

2.11.5. In the event that a Bid Guarantee is submitted directly by a banking institution, the Bidder shall furnish a copy of said document in the Bid Administration Package.

2.11.6. The Purchaser will make withdrawals against the amount stipulated in the Bid Guarantee under the following conditions:

2.11.6.1. The Bidder has submitted a bid and, after Bid Closing Date (including extensions thereto) and prior to the selection the compliant bid determined to represent the best value, withdraws his Bid, or states that he does not consider his bid valid or agree to be bound by his bid, or

2.11.6.2. The Bidder has submitted a compliant bid determined by the Agency to represent the best value, but the Bidder declines to sign the Contract offered by the Agency, such Contract being consistent with the terms of the Invitation for Bid.

2.11.6.3. The Purchaser has offered the Bidder the Contract for execution but the Bidder has been unable to demonstrate compliance with the security requirements of the Contract at the date of Contract signature,

2.11.6.4. The Purchaser has entered into the Contract with the Bidder but the Bidder has been unable or unwilling to provide the Performance Guarantee required under the terms of the Contract within the time frame required.

2.11.7. Bid Guarantees will be returned to Bidders upon request in accordance with the following terms:

2.11.7.1. to non-compliant Bidders forty-five (45) days after notification by the Purchaser of a non-compliant Bid (except where such determination is challenged by the Bidder; in which case the Bid Guarantee will be returned upon request forty-five (45) days after a final determination of non-compliance);

2.11.7.2. to all other unsuccessful Bidders upon request within thirty (30) days following the award of the Contract to the successful Bidder;




2.11.7.3. to the successful Bidder upon submission of the Performance Guarantee required by the Contract or, if there is no requirement for such a Performance Guarantee, upon Contract execution by both parties.

2.11.7.4. in those cases identified at paragraph 2.10.4.2 above.

2.11.8. “Standby Letter of Credit" or “SLC” as used herein, means a written commitment by a Belgian financial institution either on its own behalf or as a confirmation of the Standby Letter of Credit issued by a non-Belgian bank to pay all or part of a stated amount of money, until the expiration date of the letter, upon presentation by the Purchaser of a written demand therefore. Neither the financial institution nor the Contractor can revoke or condition the Standby Letter of Credit. The term “Belgian financial institution” includes non-Belgian financial institutions licensed to operate in Belgium,

2.11.9. A format substantially similar to the one set in Book I Annex C shall be used by the issuing financial institution to create a Standby Letter of Credit acceptable to the Purchaser.

2.12. Cancellation of Invitation for Bid

2.12.1. The Purchaser may cancel, suspend or withdraw for re-issue at a later date this IFB at any time prior to Contract award. No legal liability on the part of the Purchaser for payment of any sort shall arise and in no event will any Bidder have cause for action against the Purchaser for the recovery of costs incurred in connection with preparation and submission of a Bid in response to this IFB.

2.13. Electronic Transmission of Information and Data

2.13.1. The Purchaser will endeavour to communicate answers to requests for clarification and amendments to this IFB to the prospective Bidders as soon as practicable.

2.13.2. Bidders are cautioned that except for those cases in which electronic transmission of documentation is not permissible (i.e. documents with security classification mandating specific transmission methods) the Purchaser will rely exclusively on electronic mail communication to manage all correspondence related to this IFB, including IFB amendments and clarifications.

2.13.3. Notwithstanding paragraph 2.13.2 above and subject to feasibility, prospective Bidders may request to be notified also by fax or regular mail when IFB correspondence is released to them. Such requests shall be submitted to the points of contact specified in paragraph 2.5.1 above. Such requested method of notification shall not be construed as the Bidders’ right to obtain an extension of the Bid Closing Date.

2.13.4. Bidders shall note that were voluminous documentation is to be transmitted the Purchaser will consider electronic transmission as the sole feasible manner to promptly notify all Bidders pursuant to the prescription is paragraph 2.13.1. Consequently, in such cases, the Purchaser will notify the Bidders’ of the




impossibility to resort to alternative methods of transmissions if this has been requested.

2.14. Supplemental Agreements

2.14.1. Bidders are required, in accordance with the certificate at Annex B-7 of these Instructions to Bidders, to disclose any prospective Supplemental Agreements that are required by national governments to be executed by NATO as a condition of Contract performance.

2.14.2. Supplemental Agreements are typically associated with, but not necessarily limited to, national export control regulations, technology transfer restrictions and end user agreements.

2.14.3. Bidders are cautioned that failure to provide full disclosure of the anticipated requirements and the terms thereof, to the best of the Bidder’s knowledge and experience, may result in the Purchaser withholding award of the Contract or cancelling an executed Contract if it is discovered that the terms of such Supplemental Agreements contradict the terms of the Prospective Contract, including but not limited to those addressing authority to install use, modify, or provide to others to use or modify in accordance with the terms of the Contract any software, item, documentation and/or material regardless of the nature or content to be produced as a result of the performance under the prospective Contract.

2.15. Notice of Limitations on Use of Intellectual Property Delivered to the Purchaser

2.15.1. Bidders are instructed to review Clauses 24 and 25 of the Contract Special Provisions and Clause 30 of the Contract General Provisions set forth Parts II and III of Book II (Prospective Contract). These Clauses set forth the definitions as well as the terms and conditions regarding the rights of the Parties concerning Intellectual Property developed and/or delivered under this Contract or used as a basis for the performance of the Prospective Contract.

2.15.2. Bidders are required to disclose, in accordance with Annex B-10, 0, and Annex B-12, the Intellectual Property proposed to be used by the Bidder that will be delivered with either Contractor and Subcontractor(s) Background Intellectual Property Rights and Third Party Intellectual Property Rights. Bidders are required to identify such Intellectual Property and the basis on which the claim of Background or Third Party Intellectual Property is made.

2.15.3. The identification of Bidders’ Background and/or Third Party Intellectual Property shall be limited to those IPs associated with products and/or documentation which is indispensable in order to deliver, install, operate, support, maintain the system and to provide training and which are not related to products and/or documentation needed for internal processes only (i.e. software licenses required for software development tools).




2.15.4. Subject to the prescriptions of paragraph 2.15.3, all Bidders’ Background and Third Party Intellectual Property Rights shall be listed regardless the software they refer to is linked to the Server or the Client Side of the system.

2.15.5. Bidders shall further note that such identification is provided for informative purposes only and does not match the pricing requirements associated with such software which are instead spelled out in Annex A-2 of this Book I.

2.15.6. Bidders are informed that any restrictions on Purchaser use of the Intellectual Property that conflicts with the definition and right prescribed in Clause 30 of the Contract General Provisions, or any other provision of the Contract concerning use or dissemination of such Intellectual Property shall render the bid non-compliant

2.16. Mandatory Quality Assurance and Quality Control Standards

2.16.1. Bidders are requested to note that, in accordance with Certificate at Annex B-8 to these Instructions to Bidders, Bidders shall provide documentary evidence that the Bidder possesses a current certification that it is compliant with the requirements of Allied Quality Assurance Publication 2110, ISO 9001:2000 or an equivalent QA/QC regime.

2.16.2. Bidders shall further demonstrate that such regime is applied within the Bidder’s internal organisation as well as extended to its relationships with subcontractors.

2.16.3. If the Bidder is offering a QA/QC regime that is claimed to be equivalent to AQAP 2110 or ISO 9001:2000, the burden of proof of such equivalency shall be on the Bidder and such evidence of equivalency shall be submitted with the Certificate in the Administrative Package.

2.16.4. Failure to execute this Certificate or to provide documentary evidence of compliance with this requirement may result in a determination of non-compliance for the submitted bid.




SECTION 3 BID PREPARATION INSTRUCTIONS

3.1. General

3.1.1. Bidders shall prepare and submit their Bid in accordance with the requirements and format set forth in this IFB. Compliance with all bid submission requirements is mandatory. Failure to submit a bid in conformance with the stated requirements may result in a determination of non-compliance by the Purchaser and the elimination of the bid from further consideration.

3.1.2. A mere re-statement of IFB requirements shall not be regarded as meeting the requirements of the IFB. A Bid shall demonstrate that a Bidder understands the terms, conditions and requirements of the IFB and its ability to provide all the services and deliverables listed in the Schedules of the prospective Contract. Also, in accordance with the prescription of this Section, Bidders shall clearly illustrate the technology/functionalities, processes and procedures being proposed and their level of maturity in relation to the requirements to be satisfied as expressed in the System Requirement Specifications and the SOW for each of the capabilities to be delivered. To this extent, the statements and illustrations made by the Bidders in their technical submission shall be subject to the technical evaluation described at detailed at paragraph 4.3.1.2.

3.1.3. Bidders are informed that the quality, completeness, thoroughness and clarity of the bid will affect the overall scoring of the bid. The Purchaser may request clarification of the bid. However such possibility of the Purchaser to resort to clarification shall not be interpreted as an obligation. It should therefore be assumed that the Purchaser will provide for an assessment of the bid and proceed with its evaluation on the sole basis of bid content as written. In this light, Bidders shall assume that inconsistencies, omissions, errors, lack of detail and other qualitative deficiencies in the submitted bid will have a negative impact on the final Best Value score.

3.1.4. Partial Bids and/or bids containing conditional statements will be declared non-compliant.

3.1.5. Where no specific format is mandated, electronic bid documentation shall be delivered in PDF format without limitations of printing or “copy & paste”. The Purchaser reserves the right to request native formats electronic files of the proposal to facilitate the evaluation process.

3.1.6. All documentation submitted as part of the Bid shall be “NATO UNCLASSIFIED” and shall be produced in English language.

3.2. Bid Package Content

3.2.1. The complete Bid shall consist of three distinct and separated modules described in the following subparagraphs. Detailed requirements for the structure and content of each of these packages are contained in these Bidding Instructions.




3.2.2. Module 1 - Bid Administration Package, containing one (1) hard copy and two (2) soft copies of the documents specified in paragraph ‎3.4 below.

3.2.3. Module 2 - Price Quotation, containing one (1) hard copy and two (2) soft copies of the Price Quotation specified in paragraph ‎3.5.

3.2.4. Module 3 - Technical Proposal Package composed of the further four parts as specified below. Each of the Parts listed below shall be self contained in a clearly marked separate binder or file for ease of segregation and handling.

3.2.4.1. Part 1 - The Engineering Proposal, as specified in paragraph 3.6.1 below, in one (1) hardcopy and two (2) softcopies.

3.2.4.2. Part 2 - The Management Proposal, as specified in paragraph 3.6.2 below, in one (1) hardcopy and two (2) softcopies.

3.2.4.3. Part 3 - The Supportability Proposal, as specified in paragraph 3.6.3, in one (1) hardcopy and two (2) softcopies.

3.3. Package Marking

3.3.1. The separate parts of the bid shall be placed in outer containers for delivery. All outer containers into which bidding documents are placed shall be opaque or wrapped in opaque paper, sealed and identified with the following markings:

3.3.1.1. SEALED BID IFB-CO-13345-AMN12

3.3.1.2. BOX X of Y (1 of 3, 2 of 3, etc)

3.3.1.3. NOTIFY Mr. Les Hendriks (X8278) or Mr. Giacomo Piliego (X8173) UPON RECEIPT

3.3.2. Each of the bid parts placed in the outer container(s) shall be separately wrapped (multiple copies of the same document may be wrapped together), and marked as follows:

3.3.2.1. Name and address of the Bidder,

3.3.2.2. The words “SEALED BID” followed by the reference “IFB-CO-13345-AMN12ICB2”; and

3.3.2.3. The appropriate package marking (i.e., Module 1 Administrative Documentation, Module 2 Price Proposal, Module 3 Technical Proposal Part 1 Executive Summary; Part 2 Engineering Proposal (Copy #), Part 3 Management Proposal (Copy #), Part 4 Supportability Proposal (Copy #)).

3.4. Volume 1 – Bid Administration Package

3.4.1. The Bid Administration Package shall include the original of the Bid Guarantee required by paragraph 2.11 of the Bidding Instructions. If the Bid Guarantee is




sent to the Purchaser directly from the Bidder's bank, a letter, in lieu of the actual Guarantee, shall be included specifying the details of the transmittal. Bidders are reminded that the Bid Guarantee shall reflect any extensions to the Bid Validity Date due to extensions in the Bid Closing Date.

3.4.2. The Package shall include the Certificates set forth in Annexes to these Bidding Instructions, signed in the original by an authorised representative of the Bidder. The Certificates are as follows:

3.4.2.1. Annex B-1 (Certificate of Legal Name of Bidder)

3.4.2.2. Annex B-2 (Acknowledgement of Receipt of IFB Amendments)

3.4.2.3. Annex B-3 (Certificate of Independent Determination)

3.4.2.4. Annex B-4 (Certificate of Bid Validity)

3.4.2.5. Annex B-5 (Certificate of Exclusion of Taxes, Duties and Charges)

3.4.2.6. Annex B-6 (Comprehension and Acceptance of Contract Special and General Provisions)

3.4.2.7. Annex B-7 (Disclosure of Requirements for NC3A Execution of Supplemental Agreements) with the prospective text of such Agreements, as applicable.

3.4.2.8. Annex B-8 (Certificate of Compliance AQAP or ISO 9001:2000 or Equivalent) with a copy of the relevant quality certification attached to it.

3.4.2.9. Annex B-9 (List of Prospective SubContractors)

3.4.2.10. Annex B-10 (Bidder Background IPR) – refer to prescriptions in paragraph 2.15

3.4.2.11. 0 (List of SubContractor IPR) – refer to prescriptions in paragraph 2.15

3.4.2.12. Annex B-12 (List of Third Party IPR) and associated copies of license agreements for each Third Party – refer to prescriptions in paragraph 2.15 IPR.

3.4.2.13. Annex B-13 (Certificate of Origin of Equipment, Services, and Intellectual Property)

3.4.2.14. Annex B-14 (List of Proposed Key Personnel)

3.4.2.15. Annex B-15 (Certificate of Price Ceiling)

3.4.2.16. No indication regardless of the nature or mean disclosing or contributing to the disclosure the Bid Price in whole or in part shall be made part of the Bid Administration Package. Failure to abide to this prescription may result in the bid being declared non-compliant.




3.5. Volume 2 - Price Quotation

3.5.1. Introduction

3.5.1.1. The authorized scope for this project and consequently that of any Contract resulting from this IFB is that encompassed by the requirements illustrated in Contract Work Packages 1 through 6 as they are identified in the Bidding Sheets and correlated Prospective Contract Statement of Work and Annexes. Each of these work packages bidding sheets contain a number of activities that are identified as Indefinite Delivery Indefinite Quantity Options1 either because the need for their performance is not certain or because it may be subject to separate funding authorization by NATO authorities.

3.5.1.2. The nature of these options and the terms of the Prospective Contract regulating them provide that at the time of the signature of the Contract no obligation of the parties will arise for the performance of the work they refer to. Such obligation will arise solely when the option(s) are exercised by the Purchaser in accordance with the terms of the Contract.

3.5.1.3. For the purpose of their quotation, bidders are therefore to take into consideration that, during the course of any Contract resulting from this competitive exercise, the performance of the work associated with the Options is subject solely to the Purchaser determination and that no guarantees either expressed or implied are provided that such perform

3.5.2. Package Contents

3.5.2.1. The Price envelope shall contain the following documentation and media:

3.5.2.1.1. Annex A-1 “Bidding Sheets” and, in annex, the complete set of sheets contained in the electronic file “2-IFB-CO-13345-AMN12-Bidding Sheets.xls” submitted as part of this IFB.

3.5.2.1.2. A CD-ROM containing an electronic version in MS Excel of the documentation stated in paragraph 3.5.2.1.1 above.

3.5.3. Pricing Prescriptions

3.5.3.1. Annex A-2 to the present Book I illustrate the price bid requirements associated with the compilation of the Bidding Sheets. All prescriptions illustrated therein are to be regarded as mandatory. Failure to abide to such prescriptions may lead to the bid being declared non-compliant.

3.5.3.2. Bidders shall prepare their Price Quotation by completing the Bidding Sheets referred in paragraph 3.5.2.1.1 above, in strict compliance with the

1 Within the framework of the Prospective Contract, Indefinite Delivery Options are those defined Contractual tasks for which the scope of the performance to be rendered by the Contractor and its firm fixed price is defined but the actual performance is deferred to a unilateral determination by the Purchaser to be made and notified to the Contractor in accordance with Clause 12 of the Contract Special Provisions.




prescriptions of specified in Annex A-2 (Instructions for Bidding Sheets preparation). Such documentation constitutes an integral part of this IFB and prescriptions contained therein shall be referred to for the purpose of the evaluation set forth in paragraph 4.6.

3.6. Volume 3 - Technical Proposal Package and Technical Demonstation

3.6.1. Engineering Proposal

3.6.1.1. The Bidder shall provide a separate Engineering Proposal for the following AMN 2012 capabilities: Work Package 2 (WP2): Enterprise Portal Work Package 3 (WP3): Text Chat Work Package 4 (WP4): Track Augmentation Work Package 5 (WP5): C2 interoperability Work Package 6 (WP6): Software License Management.

3.6.1.2. Table of Contents

3.6.1.2.1. Bidders shall compile a detailed Table of Contents which lists not only the section headings but also the major sub-sections, and topic headings required set forth in these Instructions or implicit in the organisation of the Engineering Proposal.

3.6.1.2.2. The following documents shall be the part of Engineering Proposal Package:

High Level System Design Specification Initial Site survey questionnaire Initial System Development Plan Initial Test Plan Technical Demonstration

3.6.1.2.3. The Engineering Proposal package shall not exceed 200 pages for each WP, exluding the following items:

Table of Contents SRS traceability matrix.

3.6.1.2.4. “Times New Roman” fonts in size 12 shall be used for normal text, and “Arial Narrow” fonts not smaller than size 10 for tables and graphics

3.6.1.3. High Level System Design Specification (SDS)

3.6.1.3.1. The Bidder shall provide a High Level System Design Specifications (SDS).

3.6.1.3.2. The High Level System Design Specifications shall: Propose a Capability Architecture; Describe the Capability interfaces; Identify any technical constraints imposed by the interfaces;




Describe the main components of the capability; For each component:

o Identify the main functions provided by the component; o Identify the main interfaces of the component; o Identify Off-The-Shelf products that can fulfil the requirements and

software to be developed; o Identify any technical constraints imposed upon the component; o Identify performance constraints and how those are proposed to be

achieved. Provide a traceability Matrix between, the System Requirement

Specifications, System components, Off-The-Shelf products / software to be developed.

3.6.1.4. Initial site survey questionnaire

3.6.1.4.1. The Bidder shall provide a Site survey questionnaire in order to gather information identified in the SOW – section 3.2 – Site surveys.

3.6.1.5. Initial System Development Plan (SDP)

3.6.1.5.1. The Bidder shall provide an Initial System Development Plan in accordance with the requirements for the SDP described in paragraph 7.2.1 of the SOW.

3.6.1.6. Initial Test Plan

3.6.1.6.1. The Bidder shall provide a initial Test plan including the following information:

A flow diagram that identifies the overall sequence of tests, the location, and Contractor and Purchaser equipment and personnel involved in each test, and the relationship of test events to project milestones.

Test documentation to be provided at each test location. Test environment or test systems to be developed to test AMN2012

capabilities.

3.6.2. Management Proposal

3.6.2.1. The Bidder shall provide a management proposal to cover all management aspects of the Contract and Work Packages.


3.6.2.2.1. Bidders shall compile a detailed Table of Contents which lists not only the section headings but also the major sub-sections, and topic headings required set forth in these Instructions or implicit in the organisation of the Management Proposal.

3.6.2.2.2. The following documents shall be the part of Management Proposal Package:

Executive Summary




Initial Project Management Plan Initial Risk Log Initial Product Breakdown Structure (PBS) Initial Project Work Breakdown Structure (PWBS) Initial Project Master Schedule (PMS) UNPRICED Bidding Sheets Bidder Qualifications Demostration Plan illustrating the envisioned content and topics associated

with the mandatory demonstration activity referred to at paragraph 3.6.4

3.6.2.2.3. The Management Proposal package shall not exceed 100 pages, excluding the following items:

Initial Project Work Breakdown Structure (PWBS) Initial Project Master Schedule (PMS)

3.6.2.2.4. “Times New Roman” fonts in size 12 shall be used for normal text, and “Arial Narrow” fonts not smaller than size 10 for tables and graphics.

3.6.2.3. Executive Summary

3.6.2.3.1. Bidders shall provide an overview of the salient features of their technical proposal in the form of an executive summary.

3.6.2.3.2. This summary shall provide a general description of the major points contained in each of the required sections of the technical proposal and shall demonstrate the depth of the Bidder’s understanding of the project, implementation environment and the problems and risks of project implementation. The Bidder shall highlight the strengths which it and its team bring to the project in terms of minimising the problems and reducing the risks, and the key points of the technical approach and solution that he believes deserves recognition under a Best Value evaluation scheme. This summary shall not exceed 15 pages.

3.6.2.4. Initial Project Management Plan (PMP)

3.6.2.4.1. The Bidder shall provide an initial PMP in accordance with the requirements for the PMP as described in section 4.7 of the SOW.

3.6.2.5. Initial Project Risk Log

3.6.2.5.1. The Bidder shall provide an initial Risk Log for the project as outlined in paragraph 4.11.2 of the SOW.

3.6.2.6. Initial Product Breakdown Structure (PBS)

3.6.2.6.1. The Bidder shall provide an Initial Product Breakdown Structure (PBS) in accordance with the SOW – section 4.8.

3.6.2.7. Initial Project Work Breakdown Structure (PWBS)




3.6.2.7.1. The Bidder shall provide an Initial Product Breakdown Structure (PBS) in accordance with the SOW – section 4.9.

3.6.2.8. Project Master Schedule (PMS)

3.6.2.8.1. The Bidder shall provide an initial Project Master Schedule (PMS) as described in paragraph 4.10 of the SOW. The Bidder shall include in the PMS milestones for each of the activities leading to a payment as defined in the Contract Special Provisions Annex H. The Bidder provided PMS shall be consistent with the Purchaser provided Project Master Schedule in Annex I to this document (i.e. no milestone proposed shall be later than stipulated for the same milestone in the Purchaser Project Master Schedule enclosed in the IFB). The Bidder can propose earlier milestones or alternative arrangements of task sequences.

3.6.2.8.2. Deviations from the PMS provided by the Purchaser in the IFB shall be explained.

3.6.2.9. Unpriced Bidding Sheets

3.6.2.9.1. The Bidder shall provide Unpriced Bidding Sheets for all Work Packages filled in accordance with the prescriptions at Annex A-2 at paragraph 5.4.2.(b).

3.6.2.9.2. The Bidder shall provide the number and the type of software licences to be provided by the Purchaser.

3.6.2.9.3. The Bidding Sheets shall be an unpriced version of the Bidder Sheets.

3.6.2.9.4. The Bidding Sheets shall not include unit labour rates or totals nor shall the pricing of other activities and the materials required under each Work Package be priced.

3.6.2.9.5. The purpose of the unpriced Bidding Sheets is to enable the Purchaser to accurately validate the Management Proposal —outside the price evaluation process— in terms of the proposed level of effort, labour mix, materials and amount of travel and other items proposed for each CLIN.

3.6.2.10. Bidder Qualifications

3.6.2.10.1. Corporate Experience

3.6.2.10.1.1 In this section, the Bidder shall detail the experience of the Contractor in the design, delivery, implementation,support and training of similar capabilities, with particular emphasis on recent experience in developing integrated software solutions to meet military or government requirements. The Bidder shall provide:

a description of similar capabilities the activities performed (design, integration, development,

implementation, support, training). the number of capabilities deployed/delivered




the purchaser(s) of these capabilities the user(s) of these capabilities the Contract number(s) the start date and end date of the Contract a point of contact for verification purposes

3.6.2.10.2. Corporate Capabilities

3.6.2.10.2.1 This section shall describe the corporate structure of the Contractor and the administration of the prospective Project within the overall corporate structure. This section should indicate the chain of authority within the Contractor’s organisation from the Project Manager to the Chief Executive Officer. The Bidder shall describe the corporate resources which are available to support the Project which are resident in the organisation of the Contractor but not directly under the authority of the Project Manager. The Bidder shall describe the process by which the Project Manager may have access to these “in-house” corporate resources and what level of authority is required in the Corporation hierarchy to secure the needed resources.

3.6.2.10.2.2 The Bidder shall provide a sub-section which identifies the items and services which are to be developed and/or performed by the corporate resources of the Contractor. The Bidder shall identify the location of the production facilities which will be utilized, and/or the source within the corporate organisation of the services and expertise required. For corporate production facilities, the Bidder shall provide analytical evidence that adequate capacity exists in order that the required items may be made within the time schedule of the Prospective Contract. The Bidder shall show existing capital assets and provide a detailed proposal of what additional equipment or facilities will be acquired or constructed in order to meet the Contract schedule. The Bidder shall further provide a description of any retooling efforts required and a time forecast of when these efforts can be completed.

3.6.2.10.3. The Bidder shall provide evidence that its premises and that of its subcontractors can handle and store classified material up to the level of “NATO SECRET”.Individual Skills and Experience

3.6.2.10.3.1 The Bidder shall provide the resumes of the individuals designated as Key Personnel in Annex B-14.

3.6.2.10.3.2 For each role identified, the Bidder shall provide a Curriculum Vitae and a post requirements listing, for each SOW requirement defined in section 4.4, the corresponding qualifications of the applicant.

3.6.2.10.3.3 The Bidder shall provide security clearances (up to NATO SECRET) for the following roles:

Project Manager; Technical Lead; Test Director;




Configuration Manager; Support Manager; Capability developers (Enterprise Portal developers, Text Chat

developers, Track Augmentation developers, C2 interoperability developers, Software License Management capability developers).

3.6.3. Supportability Proposal


3.6.3.1.1. Bidders shall compile a detailed Table of Contents which lists not only the section headings but also the major sub-sections, and topic headings required set forth in these Instructions or implicit in the organisation of the Supportability Proposal.

3.6.3.1.2. The following documents shall be the part of Supportability Proposal Package:

Initial Integrated Logistics Support Plan Initial Training Plan and sample of training material

3.6.3.1.3. The Supportability Proposal package shall not exceed 100 pages.

3.6.3.1.4. Sample of training material “Times New Roman” fonts in size 12 shall be used for normal text, and “Arial Narrow” fonts not smaller than size 10 for tables and graphics.

3.6.3.2. Initial Integrated Logistics Support Plan

3.6.3.2.1. The Bidder shall provide a initial Integrated Logistics Support Plan in accordance with the requirements for Integrated Logistics Support Plan as described in paragraph 5.2 of the SOW.

3.6.3.2.2. The Initial Integrated Logistics Support Plan shall mainly focus on the maintenance concept, the support concept and the transportation plan.

3.6.3.3. Initial Training Plan and sample training material

3.6.3.3.1. The Bidder shall provide a initial Training Plan in accordance with the requirements for the Training Plan described in paragraph 5.7.2 of the SOW.

3.6.3.3.2. The Bidder shall provide sample training materials from other courses it has developed.

3.6.4. Technical Demonstration

3.6.4.1. Bidders shall be invited for a demonstration to take place at the Purchaser’s premises. The purpose of the demonstration, the duration of which is limited to 3 hours, is to illustrate by the mean of a formal presentation the content and merit of the technical proposal submitted (all areas) in a cohesive/holistic approach providing confidence with respect the bidders’ comprehention of the




overall requirement and its technical ability to perform in accordance with the prospective contract scope in case of award. Further, the bidder presentation will contribute to a confirmation or revision of the technical score of the bid by the Purchaser initially based on the documents submitted in accordance with Section IV of this book I. The following constrains should be adhered to:

a. the content of the demonstration shall be strictly linked to the documentation produced and submitted for technical evaluation (i.e. no new material or alteration of the content of the bid). b. the demonstration shall provide an illustration of the methodologies and technology being proposed within the context of the bid c. the demonstration shall not include “marketing” topics or otherwise address elements which are commercial in nature and have otherwise no technical merit with respect to the proposal submitted. d. the participants to the demonstration shall see representative from the identified key personnel proposed as part of the bid (as a minimum the Technical Lead and Project Manager being proposed).

e. the presentation shall make reference solely to the bidder’s submitted material and shall not provide implicitly or explicitly information regarding bid price.

3.6.4.2. Organisation of the Technical Demonstration

3.6.4.2.1. The Bidder will have the opportunity to set up the demonstration at the Purchaser’s facilities one day in advance of the scheduled demonstration date, if necessary.

3.6.4.2.2. For the purposes of the demonstration, the Bidder shall provide for all the equipment necessary and for the shipment of such equipment to the Purchaser’s facility as well as for its installation at no cost to the Purchaser. The provision of all ancillary equipment necessary for the performance of the demonstration shall also remain the responsibility of the Bidder.

3.6.4.2.3. The Bidder shall notify the Purchaser of any special facility or other support required. The Purchaser will provide 230V/50Hz power for any demonstration equipment, but the Bidder shall provide any power strips or extension cords required. The Purchaser shall provide tables and chairs for the equipment and the Bidder's demonstration personnel.

3.6.4.2.4. The storage and use of the Bidder’s equipment at the Purchaser’s site shall be at the risk of the Bidder and the Purchaser shall accept no liability for any loss or damage except to the extent that such loss or damage is the result of a wilful act or gross negligence on the part of the Purchaser’s employees.




3.6.4.2.5. The Bidder is liable to pay compensation for all damage occurring to any Purchaser’s facility or equipment caused as a result of the activities being performed on site by the Bidder, its representatives or agents except for those cases in which the Bidder is able to demonstrate that any such damage was not caused or contributed by its actions or lack of actions or those of its agents or employees.

3.6.4.2.6. Further detailed logistic arrangements and indications shall be provided to the Bidders with adequate advance notice ahead of the scheduled demonstration date.




SECTION 4 BID EVALUATION AND CONTRACT AWARD

4.1. General

4.1.1. The evaluation of Bids will be made by the Purchaser solely on the basis of the requirements specified in this Invitation for Bid.

4.1.2. All bids will be evaluated using the formula, evaluation criteria and factors contained herein. Technical Proposals will be evaluated independently and strictly against the technical criteria specified in this IFB.

4.1.3. The evaluation of bids and the determination as to the Best Value Score will be based only on that information provided by the Bidder and contained in his Bid. The Purchaser shall not be responsible for locating or securing any information that is not clearly and unequivocally provided and identified in the Bid.

4.1.4. The Bidder shall furnish with his Bid all information requested by the Purchaser in SECTION 3 BID PREPARATION INSTRUCTIONS of this Book I. Significant omissions and/or cursory submissions will result in a reduced Best Value Score and may result in a determination of non-compliance without recourse to further clarification. The information provided by the Bidder in its proposal shall be to a level of detail necessary for the Purchaser to fully comprehend exactly what the Bidder proposes to furnish as well as his approach and methodologies.

4.1.5. During the evaluation, the Purchaser may request clarification of the Bid from the Bidder and the Bidder shall provide sufficient detailed information in connection with such requests as to permit the Purchaser to make a final assessment of the bid based upon the facts. The purpose of such clarifications will be to resolve ambiguities in the bid and to permit the Bidder to state his intentions regarding certain statements contained therein. The purpose of the clarification stage is not to elicit additional information from the Bidder that was not contained in the original submission or to allow the Bidder to supplement cursory answers or omitted aspects of the Bid. The Bidder is not permitted any cardinal alteration of the Bid regarding technical matters and shall not make any change to his price quotation at any time.

4.1.6. The Purchaser reserves the right, during the evaluation and selection process, to verify any statements made concerning experience, facilities, or existing designs or materials by making a physical inspection of the Bidder's facilities and capital assets. This includes the right to validate, by physical inspection, the facilities and assets of proposed Subcontractors.

4.1.7. The evaluation will be conducted in accordance with NATO Infrastructure Bidding Procedures as set forth in the document, and the Best Value evaluation procedures set forth in Annex X AC/4-D(2261), “Procedures and Practices for Conducting NSIP International Competitive Bidding Using Best Value Methodology”. The bid evaluation methodology to be followed, including the




top-level evaluation criteria and their weighting factors, were agreed by the NATO Infrastructure Committee.

4.2. Best Value Award Approach and Bid Evaluation Factors

4.2.1. Subject to final authorization to be granted by the relevant NATO authorities, the Contract resulting from this IFB will be awarded to the Bidder whose conforming offer provides the Best Value to NATO, as evaluated by the Purchaser in pursuant with the requirements of this IFB and in accordance with the evaluation method specified in this SECTION 4 . Nothwidstanding the price evaluation methodologies and prescriptions identified in paragraph 0 and 4.6.3.2 below, any Contract award will be limited to the amounts relevant to the following CLINs: Contract Work Package 1: Project Management – CLINs from 1.01 to 1.09 and all Sub-CLINs

Contract Work Package 2: Enterprise Portal – CLINs from 2.00 to 2.7 and all Sub-CLINs

Contract Work Package 3: Text Chat – CLINs from 3.00 to 3.07 and all Sub-CLINs

Contract Work Package 4: Track Augmentation – CLINs from 4.00 to 4.07 and all Sub-CLINs

Contract Work Package 5: C2 Interoperability – CLINs from 5.00 to 5.07 and all Sub-CLINs

4.2.2. The top level criteria (First Level Criteria) that will be used to evaluate and score each bids will be “Technical” and “Price. Each will contribute in the measure of 50% to the overall score of the bid in accordance with the methodology expressed in paragraph below.

4.2.3. Technical evaluation and scoring

4.2.3.1. The evaluation and scoring of the technical portion of the bids will be accomplished on the basis of Second Level criteria and the associated weighting (expressed in percentage against the overall Best Value score of the bid) as well as of the listed Third Level criteria listed in order of importance:

4.2.3.2. The evaluation and scoring of the technical portion of the bids will be accomplished on the basis of Second and Third Level Technical criteria listed below each contributing in hierarchal order to the overall technical score of the bid in the percentage indicated:

4.2.4. The second level technical evaluation criteria and associated weightings (accruing to 50% of the total Best Value Score) are shown below along with the derived third level criteria listed in order of importance:




4.2.4.1. Second Level Criteria “Engineering” – 20% Third Level Criteria: - Quality and suitability of the system design, approach and technical foundation as described in the High Level System Design Specifications and initial site survey questionnaire, - Quality and suitability of the engineering approach and associated planning as described in the initial System Development Plan, and the initial Test Plan , - Quality and suitability of the proposed engineering solution as presented at Technical Demonstration.

4.2.4.2. Second Level Criteria “Management” – 15% Third Level Criteria: - Quality and suitability of the project management approach as described in the initial Project Management Plan and initial Risk Log. - Quality and timeliness of planning of the proposed resources allocation as described in Project Master Schedule, Product Breakdown Structure, Project Work Breakdown Structure and Basis of Effort Estimate - Quality and suitability of Bidder experience and capabilities as described in the Bidder Qualifications, and capability and suitability of proposed key individuals and during their presentation in the Technical Demonstration

4.2.4.3. Second Level Criteria “Supportability” – 10% Third Level Criteria: - Quality and suitability of the proposed life cycle support planning as described in the initial Integrated Logistics Support Plan, initial Configuration Management Plan, and the initial Training Plan

4.2.4.4. Second Level Criteria “Risk” – 5% Third Level Criteria: - Risks identified by the Purchaser regarding the quality and suitability of the Bidder’s proposal.

4.2.5. Price Evaluation and Scoring

4.2.5.1. The Price Score of each bid will be obtained by applying the following formula:

Price Score = (50-(50*(Price of Bid/average Price of all Bids – 1)))*0.5

4.2.6. The overall score Best Value Score for each compliant Bidder will be derived using the following formula:




Best Value Score = E+M+S+R+P where: E = Weighted Engineering Score M = Weighted Management Score S = Weighted Supportability Score R = Risk P = Weighted Price Score

4.2.7. The maximum possible Best Value Score is 100; the minimum possible is zero. The Bid with the highest Best Value Score will be recommended to be the Apparent Successful Bidder.

4.3. Evaluation Procedure

4.3.1. The evaluation will be done in a 4 steps process, as described below:

4.3.1.1. Step 1: Administrative Compliance

4.3.1.1.1. Bids received will be reviewed for compliance with the mandatory Administrative requirements specified in paragraph ‎4.4. Bids not meeting all of the mandatory requirements shall be determined to be non-compliant and not further considered for award.

4.3.1.2. Step 2: Technical Evaluation

4.3.1.2.1. All bids having successfully passed Step 1 will have their Management, Engineering and Supportability Proposals Packages evaluated for responsiveness against predetermined criteria (see paragraph 4.2.3 above), and scored accordingly.

4.3.1.2.2. Upon completion of the evaluation and scoring process described in the paragraph above, bidders will be given an advance notice of minimum 2 calendar weeks to prepare and deliver the demonstraion referred at paragraph 3.6.4

4.3.1.2.3. Bidders are advised that any Bid whose Technical Proposal receives a composite score of less than 20% of the maximum score possible in any of the third level criteria listed under paragraph 4.2.4 may be determined by the Purchaser to be non-compliant and not further considered for award.

4.3.1.3. Step 3: Price Evaluation




4.3.1.3.1. The Price Quotations of all bids remaining after Step 2 will be opened, evaluated and scored in accordance with paragraph 4.2.5.

4.3.1.4. Step 4: Determination of Best Value Bid

4.3.1.4.1. Upon completion of the Price Evaluation, the Best Value Bid will be determined in accordance with paragraph ‎4.2.6.

4.4. Evaluation Step 1 - Administrative Compliance

4.4.1. Bids will be reviewed for compliance with the formal requirements for Bid submission as stated in this IFB and the content of the Administrative Documentation Package. The evaluation of the Administrative Documentation Package will be made on its completeness, conformity and compliance to the requested information. This evaluation will not be scored in accordance with Best Value procedures but is made to determine if a bid complies with the requirements of the Bidding Instructions and Prospective Contract. Specifically, the following requirements shall be verified:

4.4.1.1. The Bid was received by the Bid Closing Date and Time,

4.4.1.2. The Bid is packaged and marked properly,

4.4.1.3. The Bid Administration Package contains the documentation listed in paragraph 3.4 above and complies with the formal requirements established in paragraph 3.1 above.

4.4.1.4. The Bidder has not taken exception to the Terms and Conditions of the Prospective Contract or has not qualified or otherwise conditioned his offer on a modification or alteration of the Terms and Conditions or the language of the Statement of Work.

4.4.1.5. The Bidder disclosed Background and Third Party Intellectual Property and the terms of release or usage of these do not conflict with the stipulations of Clauses 24 and 25 of the Prospective Contract Special Provisions and Clause 30 of the Prospective Contract General Provisions or any other term or condition of the Prospective Contract.

4.4.1.6. Taking in due consideration the terms illustrated at paragraph 4.6.3.1pertaining the exchange rate that will be used for the purpose of evaluation of price bids submitted in other than euros, the Bidder certified by signing and submitting the Certificate of Price Ceiling in Annex B-15 that the total price offered for CLINs 1 through 6 and sub-CLINs (with the exclusion of the identified Options CLINs) as shown in the Bidding Sheets does not exceed the price ceiling as described in paragraph 4.1, annex A-2 of Book I.

4.4.2. Bids failing to conform to the above requirements may be declared non-compliant and may not undergo through further evaluation. Bids that are determined to be administratively compliant will proceed to Step 2, Technical Evaluation.




4.4.3. If, at any time during the course of the IFB evaluation, it is discovered that the Bidder has taken exception to the Terms and Conditions of the Prospective Contract, or has qualified and/or otherwise conditioned his offer on a modification or alteration of the Terms and Conditions or the language of the Statement of Work, the Bidder may be determined to have submitted a non-compliant bid at the point in time of discovery.

4.5. Evaluation Step 2 - Technical Evaluation

4.5.1. The Technical Proposal will be evaluated against the criteria and sub-criteria set forth in paragraph 4.2 above. For some sub-criteria, there may be additional supporting factors at the next lower level. These lower level factors are not published here but are predetermined and included in the Technical Evaluation Weighting Scheme sealed before Bid Opening. The following paragraphs identify the aspects to be examined in the Technical Proposal evaluation and rating.

4.5.2. Engineering

4.5.2.1. System Design and Technical Approach

4.5.2.2. High Level System Design Specification

4.5.2.2.1.1 The High Level SDS will be assessed regarding its compliance with the SDS requirements listed section 3.6.1.3.

4.5.2.2.1.2 The High Level SDS will be assessed regarding the comprehensiveness of the Bidder’s approach.

4.5.2.2.1.3 The High Level SDS will be assessed regarding the feasibility of the proposed architecture.

4.5.2.2.1.4 The High Level SDS will be assessed regarding the compatibility between the proposed architecture and the external interfaces requirements identified in the SRS.

4.5.2.2.1.5 The High Level SDS will be assessed regarding the compatibility between the proposed architecture and the ISAF environment and constraints identified in the SRS (services, hardware, operating systems, virtualization and networks).

4.5.2.2.1.6 The High Level SDS will be assessed regarding the feasibility to achieve the performance and system response time requirements identified in the SRS.

4.5.2.2.1.7 The High Level SDS will be evaluated on the Bidder’s analysis related to the technical risks and constraints related to the proposed architecture.

4.5.2.2.1.8 The High Level SDS will be evaluated on the Bidder’s analysis related to the technical risks and constraints related to each interface.




4.5.2.2.1.9 The High Level SDS will be assessed regarding the maturity of the proposed technical solution (Part of software to be developed versus Off-the-Shelf products required to build the capability).

4.5.2.2.1.10 The High Level SDS will be evaluated regarding its suitability to the requirements. This assessment will be based on the traceability matrix and evidences that the proposed Off-the-Shelf products cover a part of the SRS.

4.5.2.3. Initial site survey questionnaire

4.5.2.4. The initial site survey questionnaire will be assessed regarding its compliance with the initial site survey requirements defined section 3.6.1.4.

4.5.2.5. The initial site survey questionnaire will be assessed regarding the pertinence of the questions: The questions allow decreasing the risks identified in the High Level SDS

and the Risk Log. The questions aim to strengthen the development of the capability and to

prepare the implementation, the training, the support.

4.5.2.6. The initial site survey questionnaire will be assessed regarding the clarity of the questions.

4.5.2.7. Engineering Planning

4.5.2.7.1. The Purchaser will evaluate the quality and adequacy of the proposed engineering planning documentation (i.e., Initial System Development Plan and initial Test Plan) with respect to its ability to successfully satisfy the requirements of the AMN 2012 capabilities.

4.5.2.7.2. The proposed engineering planning documentation will be evaluated on the basis of the comprehensiveness of the approach, its feasibility, and appropriateness to the requirements. Specific aspects of the proposed engineering planning documentation that will be evaluated include those outlined below.

4.5.2.7.3. Initial System Development Plan

4.5.2.7.3.1 The Bid provides an Initial SDP consistent with the requirements for an SDP as specified in the SOW (SOW 7.2.1) and describing all necessary activities for effectively planning, managing and controlling the engineering efforts for analysing, specifying, designing, developing, testing, installing and supporting the AMN2012 capability. The initial SDP describes:

4.5.2.7.3.1.1 A feasible and appropriate system development strategy.

4.5.2.7.3.1.2 Mature and appropriate engineering processes (e.g., development technologies, including development requirement, development




practices, design methodologies, unit testing and system integration procedures, risks analysis, control and monitoring mechanisms).

4.5.2.7.3.1.3 A comprehensive and appropriate set of development and test methodologies, standards, tools, engineering environments, equipment, facilities, libraries, interfaces, plug-ins/add-ins, glue code and data.

4.5.2.7.3.1.4 Effective mechanisms for change management of the AMN2012 capability System Requirements Specification, System Design Specification, and Test Plan.

4.5.2.7.3.1.5 An effective approach for interactions with Purchaser/User and associated timing.

4.5.2.7.3.1.6 A comprehensive approach regarding the integration of the security features and effective mechanisms to address them.

4.5.2.7.4. Initial Test Plan

4.5.2.7.4.1 The Bid provides a initial Test Plan consistent with the requirements for the Initial Test Plan specified in section 3.6.1.6.

4.5.2.7.4.2 The initial Test Plan describes an effective and well-structured test programme and identifies how the Bidder plans to meet the test requirements. The initial Test Plan also:

4.5.2.7.4.2.1 Describes an effective test organisation with appropriate relationships with its Project Management Office and QA functions.

4.5.2.7.4.2.2 Provides a flow diagram that identifies a sequence of tests appropriate and compliant to the requirements. The description provides adequate detail regarding the location, and Contractor and Purchaser equipment and personnel involved in each test, and the relationship of test events to project milestones.

4.5.2.7.4.2.3 Identifies an appropriate and compliant set of test documentation to be provided.

4.5.2.7.4.2.4 Identifies appropriate Configuration Items (CIs) that are subject to the test program.

4.5.2.7.4.2.5 Identifies the test environment or test systems to be developed to test AMN2012 capabilities.

4.5.3. Management

4.5.3.1. Project Management Approach

4.5.3.2. The Purchaser will evaluate the quality and adequacy of the project management approach as defined in the PMP and related risks with respect to its ability to successfully satisfy the requirements of the contract.




4.5.3.3. Initial Project Management Plan

4.5.3.3.1.1 The Bid provides a initial Project Management Plan appropriate to the requirements specified. The initial PMP contains project management planning information so as to constitute a consistent and complete document that effectively permits the Purchaser to be able to assess the Bidder plans. The initial PMP provides the Purchaser with insight into the Bidder’s plans, capabilities, and ability to satisfactorily implement the entire project in conformance with the requirements as specified in the SOW. The initial PMP is consistent with the requirements for the PMP specified in the SOW (SOW 4.7) and this IFB and effectively describes the planning, activities and responsibilities that are feasible and appropriate to the requirements.

4.5.3.3.2. The initial PMP identifies the Contractor’s organisation, in particular all major Contractor units and any Sub-Contractors involved in meeting the requirements of the Contract, and the portion of the overall effort or deliverable item for which they are responsible. In case several Contractor units or Sub-Contractors are involved, the management of these units and Sub-Contractors are described, reasons for this organisation are justified, and expected benefits of this organisation for the Purchaser are explained.

4.5.3.3.3. The initial PMP clearly and accurately identifies project scope, including major deliverables, assumptions and constraints.

4.5.3.3.4. The initial PMP describes the Project management methodology, processes, including the phases and their staffing and schedule estimate, project control mechanisms, issue management, communication management, security management and the Purchaser involvement in the project management. The proposed approach is based on recognized project management practices and reflects a mature level of management capability.

4.5.3.3.5. The initial PMP describes the relationship of the PMP to subordinate plans: Configuration Management Plan, System Development Plan, Test Plan, Service Delivery Plan, and Training Plan. The approach shows a coherent and integrated approach to implementation.

4.5.3.3.6. The initial PMP details the mechanism through which it will be maintained during the lifecycle of the Contract and demonstrates that the Bidder can accommodate changes in scope in a controlled manner.

4.5.3.3.7. The initial PMP describes the PMO in terms of manpower and resources to conduct and support the management and administration of operations in order to meet the objectives of the program, including taking all reasonable steps to ensure continuity of personnel assigned to work on this project and that the proposed resources are adequate for the tasks.

4.5.3.3.8. The initial PMP describes the organization for the proposed Project Team that identifies all the required roles of the team members of the PMO, describing the lines of reporting and oversight. The description reflects




clear lines of responsibility, authority, and reporting. For each role identified, the proposed individuals meet or exceed the experience and educational criteria stated in SOW, Section 7. The Proposed PMP demonstrates that individuals have the expected knowledge, capability, and experience to meet the requirements of this Contract. The team collectively represents a solid knowledge and experience base for carrying out the project.

4.5.3.3.9. The initial PMP provides a description of the Project Website where all relevant unclassified project documentation and datasets are maintained and the Collaborative Working Environment where unclassified and NATO Restricted information are maintained and where workflow processes are enabled. The Website description identifies which documentation will be available on the Website, how it will be stored and the access control mechanism ensuring that relevant information will be available to the different users. The proposed design is well-organized, easy to navigate, and comprehensive for the anticipated set of documentation and data. The Collaborative workspace environment description identifies the organisation of information and knowledge management, and the capabilities for collaborative work between the Purchaser and the Contractor and between the Contractor staff at NC3A The Hague and the Contractor staff at the Contractor’s facilities.

4.5.3.3.10. The initial PMP describes an effective and mature risk management approach, including the Bidder’s process for risk identification, assessment, mitigation, monitoring, and reporting.

4.5.3.3.11. Initial Project Risk Log

4.5.3.3.11.1 The initial Project Risk Log presents understanding of the risks involved in the project and demonstrates effective use of the proposed methodology for managing risks. The initial Project Risk Log will be assessed for its completeness and the quality of the identified risks and of the proposed mitigated actions.

4.5.3.3.11.2 The Bidder shall have identified, assessed, and provided sufficient mitigation measures, including contingencies, for the most significant foreseeable risks.

4.5.3.4. Planning of Timelines and Allocation of Resources

4.5.3.5. The Purchaser will evaluate the quality and timeliness of the project execution planning to meet Purchaser defined milestones by implementing defined products within clearly defined work packages using effective allocation of resources.

4.5.3.5.1. Initial Project Product Breakdown Structure (PPBS) and Project Work Breakdown Structure (PWBS)




4.5.3.5.1.1 The Project Product Breakdown Structure (PPBS) includes a definition of the major components and their relationship in a hierarchical structure that breaks down a final product into its constituent sub-products.

4.5.3.5.1.2 The provided PPBS is compliant to the SOW 4.8, provides adequate Product Description and Product Flow Diagram that shows the sequence of delivery of products and identify dependencies between those products, including external products.

4.5.3.5.1.3 The Project Work Breakdown Structure (PWBS) includes a definition of the major work packages and the relationship between the work packages the end product.

4.5.3.5.1.4 The provided PWBS is compliant to the SOW 4.9 and adequately and appropriately decomposes the work packages to a level that exposes all project risk factors and allows accurate estimate of each work item’s duration, resource requirements, inputs and outputs, and predecessors and successors.

4.5.3.5.2. Project Master Schedule (PMS)

4.5.3.5.2.1 The Project Master Schedule (PMS) identifies all Contract events and milestones, including Contract-related Purchaser activities and events. The PMS correlates with the PWBS and is also traceable to performance and delivery requirements of the SOW . The duration, sequence, and resourcing of the tasks reflects a coherent approach to execution and a realistic assessment of the scope of work involved.

4.5.3.5.2.2 The PMS is based on the Purchaser provided milestones and does not provide for a delay with respect to milestones associated with the delivery of the capabilities nor a detriment of the interim support period for each capability from its Partial System Acceptance (PSA) milestone to the overall Final System Acceptance. In this light it is to be noted that because of limitations associated with the software, the Purchaser Project Master Schedule provided with this IFB, which shall constitute the basis for the Bidders’ proposed Project Master Schedule illustrates how the interim support of each of the capabilities should continue until Final System Acceptance (which in turn occurs at the end of the successful delivery and deployement of the last capability). This construct shall be kept in the Bidders’ proposed PMS as failure to do so may render the bid technically not compliant hence excluded from futher consideration.

4.5.3.5.2.3 The PMS format, complies with the PMS requirements stated in SOW 4.10.

4.5.3.5.3. Price Summary Breakdown Sheet

4.5.3.5.3.1 The Basis of Effort Estimate indicates appropriate and sufficient support for the project related activities and demonstrates that the Bidder has a realistic knowledge of the level of effort and labour mix associated with the different tasks necessary to complete this Contract.




4.5.3.6. Bidder experience and capabilities

4.5.3.6.1. The Purchaser will evaluate the Bidder’s qualification to perform the contract and its related experience based on an assessment of corporate experience; the corporate structure and capabilities; and individual skills and experience, including the following factors:

4.5.3.6.2. Bidder Qualifications

4.5.3.6.2.1 The Bid provides evidence of relevant and recent experience of the Bidder in the design, delivery, implementation and support of software-based systems similar to the subject procurement, including:

4.5.3.6.2.1.1 Relevant and successful corporate experience in at least three Contracts where a product has been delivered and used within the last two years for which the Bidder developed integrated software solutions to meet military or government requirements.

4.5.3.6.2.1.2 Relevant and successful corporate experience within the last five years for which the Bidder developed and delivered integrated software solutions for Common Operational Picture support to meet Headquarters staff requirements and which have been used by the military operators to support their tasks.

4.5.3.6.2.1.3 Relevant and successful corporate experience within the last two years for which the Bidder developed solutions based on a service oriented architecture.

4.5.3.6.2.1.4 Relevant and successful corporate experience within the last two years for which the Bidder developed robust, efficient and intuitive HMI solutions to meet military, government or industrial requirements.

4.5.3.6.2.1.5 Relevant and successful corporate experience of the major sub-Contractors for critical components.

4.5.3.6.2.1.6 Relevant experience and expertise in providing warranty support and repair-and-replacement service for information systems for large, geographically-dispersed organisations, preferably in a military context in military theatres.

4.5.3.6.2.2 The Bid provides evidence of appropriate corporate capabilities of the Bidder, including:

4.5.3.6.2.2.1 Adequate and appropriate corporate structure to administer the Project and corporate resources available to support the Project.

4.5.3.6.2.2.2 Adequate and appropriate corporate items/assets, services and expertise available to support the Project.

4.5.3.6.2.2.3 A well-established and mature level of capability in its software development, testing and implementation practices and tools.




4.5.3.6.2.2.4 Security accreditation process, including development of security management documents

4.5.3.6.2.3 The Bid provides evidence of sufficient numbers of individuals with the skill and experience to meet the requirements of the Contract, including:

4.5.3.6.2.3.1 For each role identified, evidence that the resumes meet or exceed the experience and educational criteria stated in the SOW.

4.5.3.6.2.3.2 Evidence that the set of proposed individuals have the expected knowledge, capability and experience to meet the requirements of this Contract. The more the resumes of the proposed individuals exceed the experience and educational criteria; the more those individuals have already faced and accomplished successfully challenges similar to those raised by this project; and the more this experience is detailed and justified, the better.

4.5.4. Supportability

4.5.4.1. Supportability Assessment of Offered Solution

4.5.4.1.1. The Purchaser will evaluate the Bidder’s proposed solution (as reflected in the Engineering Proposal) with respect to its supportability in the environment it is intended to be used and over its entire product lifecycle.

4.5.4.1.2. Initial Configuration Management Plan

4.5.4.1.3. The initial CMP complies with the requirements stated in SOW 4.12. It describes configuration management concept and methodology proposed, which provides realistic approach to CM based on recognised standard(s).

4.5.4.1.4. The initial CMP describes Change Management system for identifying, reviewing, approving, and tracking all requests for changes to baselines. The methodology follows recognized engineering standard(s).

4.5.4.1.5. The initial CMP describes Configuration Management organization and procedures in place to implement the CM program and manage the CM functions and the role of the CCB.

4.5.4.1.6. The initial CMP describes Configuration Item identification, including version control system, allowing for the unique identification of all changes to the deliverables.

4.5.4.1.6.1 The initial CMP identifies Configuration Management tools used during the performance of this contract that are compliant with the SOW.

4.5.4.2. Life-Cycle Support Planning

4.5.4.2.1. The Purchaser will evaluate the quality and adequacy of the proposed life-cycle support planning documentation including Initial Training Plan with respect to its ability to successfully satisfy the requirements for supportability of the AMN2012 core capabilities. The proposed life-cycle




support planning documentation will be evaluated on the basis of the comprehensiveness of the approach, its feasibility, and appropriateness to the requirements. The proposed life-cycle support documentation will be evaluated in its compliance to the requirements for the respective plans specified in the SOW and the sufficiency of the detail provided. Specific aspects of the proposed life-cycle support planning documentation that will be evaluated include those outlined below.

4.5.4.2.2. Initial Training Plan

4.5.4.2.2.1 The Bid provides a initial Training Plan consistent with the requirements for a Training Plan as specified in the SOW (SOW 5.7.2), defining a coherent and effective training approach and describing how it will meet requirements for initial and continuing training. The initial Training Plan:

4.5.4.2.2.1.1 Addresses adequately all stages of training development, delivery, and support.

4.5.4.2.2.1.2 Describes a coherent approach for how training will be developed, delivered, and maintained throughout the project life cycle, including how the proposed courses will be derived from the results of the Training Needs Analysis. It is expected that a blended training approach will be most effective.

4.5.4.2.2.1.3 Describes an adequate and appropriate set of training documentation.

4.5.4.2.2.1.4 Proposes a reasonable training schedule, in relation to the overall Contract schedule.

4.5.4.2.2.1.5 Describes a reasonable level of support to be provided by the Purchaser (manpower, services and material).

4.5.4.2.2.2 Based on the annex to the initial Training Plan, the Purchaser will also evaluate the level to which the Bidder demonstrates experience with developing and delivering quality training as evidenced by plans, experience and sample materials.

4.5.5. Technical Demonstration

4.5.5.1. The material presented matches the documentary elements provided within the different part of the technical proposal

4.5.5.2. The presentation illustrates in content a comprehension of the different portions that constitute the requirement and provide confidence with respect to the understanding of the bidder of how the fit together.

4.5.5.3. The illustration of the proposal clearly shows a comprehention of the risks associated with the performance including but not limited to those associated with schedule




4.5.5.4. The personnel involved in the presentatation are capable of delivering the content of the technical proposal in a clear and concise manner which illustrates an in depth understanding of the challenges associated with the performance.

4.5.5.5. The technological solutions being presented demonstrate a maturity to the level necessary to contribute to the decrease of risks associated with the capability to be delivered

4.6. Evaluation Step 3 - Price Evaluation

4.6.1. The Bidder’s Price Quotation will initially be assessed for compliance against the following criteria:

4.6.1.1. The bid price complies with the requirement relevant to the Bid Ceiling Price set forth in Annex A-2 paragraph 4.1.

In particular, the Bidders shall note that the total cumulative amount of the below listed Bidding Sheets CLINs SHALL NOT exceed € 18,789,710: Contract Work Package 1: Project Management – CLINs from 1.01 to 1.08 and all Sub-CLINs

Contract Work Package 2: Enterprise Portal – CLINs from 2.00 though 2.12 and all Sub-CLINs, excluding 2.08, 2.09 and 2.10



Contract Work Package 5: C2 Interoperability – CLINs from 5.00 to 5.10 and all Sub-CLINs, excluding 5.08

Contract Work Package 6: Software License Management– CLINs from 6.00 though 6.12 and all Sub-CLINs, excluding 6.08, 6.09 and 6.10

4.6.1.1.1. The Price Quotation meets the pricing prescriptions as well as the requirements for preparation and submission of the Price Quotation set forth in the Bid Preparation Section and the Instructions for Preparation of the Bidding Sheets in Annex A-2.

4.6.1.2. Detailed pricing information has been provided and is adequate, accurate, traceable, and complete.

4.6.1.3. The Price Quotation meets requirements for price realism and balance as described below in paragraph 4.6.5.




4.6.2. A bid which fails to meet the compliance standards defined in this section may be declared non-compliant and may not be evaluated further by the Purchaser.

4.6.3. Basis of Price Comparison

4.6.3.1. For quotation submitted in other than EURO currency, for the purposes of price comparison, the Purchaser will proceed as follows: The Purchaser will convert all prices quoted into EURO for purposes of comparison and computation of price scores. The exchange rate to be utilised by the Purchaser will be the average of the official buying and selling rates of the European Central Bank at close of business on the last working day preceding the Bid Closing Date.

4.6.3.2. The Bid Price to be inserted into the formula specified at paragraph 4.2.5.1 will be the Grand Total of the Schedule of Supplies and Services calculated as follows: Total cumulative amount derived from the sum of the Firm Fixed Prices

offered for:

Contract Work Package 1: Project Management – CLINs from 1.01 to 1.08 and all Sub-CLINs






4.6.4. Bidding Sheets Accuracy – Order of Precedence

4.6.4.1. Bidders are responsible for the accuracy of the price quotation provided. In case of inconsistencies between different parts of the bidding sheets and notwithstanding the possibility for the Purchaser, at its sole discretion, to resort to the clarification procedure described at paragraph 4.1.5, for the purpose of determining the bid price subject to evaluation as per paragraph 4.6.3.2 hence computable in the Best Value bid via the application of the formula at paragraph 4.2.5 the following descending order of precedence will be applied: Electronic Submission Bidding Sheets




- Totals and Grand Total for Work Packages 1 through 6 prices as shown in the Bidding Sheet CLINs Summary Page - Calculated Totals and Grand Total of Work Packages 1 through 6 deriving from the total indicated on each Work Package Bidding Sheet. Hard Copy Submission Bidding Sheets - Totals and Grand Total for Work Packages 1 through 6 prices as shown in the Bidding Sheet CLINs Summary Page - Calculated Totals and Grand Total of Work Packages 1 through 6 deriving from the total indicated on each Work Package Bidding Sheet.

4.6.5. Price Balance and Realism

4.6.5.1. In those cases in which the prices quoted in relation with this Invitation for Bid appear to be unreasonably low in relation to the performance required under the prospective Contract and/or the level of effort associated with the tasks, the Purchaser will reserve the right to request the Bidder clarifications aimed to demonstrate the rationale for such circumstances.

4.6.5.2. Indicators of an unrealistically low Bid may be the following, amongst others:

4.6.5.2.1. Labour Costs that, when amortised over the expected or proposed direct labour hours, indicate average labour rates far below those prevailing in the Bidder’s locality for the types of labour proposed.

4.6.5.2.2. Direct Material costs that are considered to be too low for the amounts and types of material proposed, based on prevailing market prices for such material.

4.6.5.2.3. Numerous Line Item prices for supplies and services that are provided at no cost or at nominal prices.

4.6.5.3. If the Purchaser has reason to suspect that a Bidder has artificially debased its prices in order to secure Contract award, the Purchaser will request clarification of the Bid in this regard and the Bidder shall provide explanation on one of the following bases:

4.6.5.3.1. An error was made in the preparation of the price quotation. In such a case, the Bidder must document the nature of the error and show background documentation concerning the preparation of the price quotation that makes a convincing case that a mistake was made by the Bidder. In such a case, the Bidder shall petition the Purchaser to either remain in the competition and accept the Contract at the offered price, or to withdraw from the competition.

4.6.5.3.2. The Bidder has a competitive advantage due to prior experience or industrial/technological processes that demonstrably reduce the costs of




Bidder performance and therefore the price offered is realistic. Such an argument must support the technical proposal offered and convincingly and objectively describe the competitive advantage and the net savings achieved by this advantage over standard market practices and technology.

4.6.5.3.3. The Bidder recognises that the submitted price quotation is unrealistically low compared to its cost of performance and, for business reasons, the Bidder is willing to absorb such a loss. Such a statement shall be signed and made by the head of the business unit submitting the Bid and will normally be confirmed at the level of Chief Operating Officer or Chief Executive Officer. In such a case, the Bidder shall estimate the potential loss and show that the financial resources of the Bidder are adequate to withstand such reduction in revenue.

4.6.5.4. If a Bidder fails to submit a comprehensive and compelling response on one of the bases above, the Purchaser may determine the Bid submitted as non-compliant. If the Bidder responds on the basis of 4.6.5.3.1 above and requests to withdraw from the competition, the Purchaser may, depending on the nature and gravity of the mistake, allow the Bidder to withdraw.

4.6.5.5. If the Purchaser accepts the Bidder’s explanation of mistake in paragraph 4.6.5.3.1 and allows the Bidder to accept the Contract at the offered price, or the Purchaser accepts the Bidder’s explanation pursuant to paragraph 4.6.5.3.3 above, the Bidder shall agree that the supporting pricing data submitted with his Bid will be incorporated by reference in the resultant Contract. The Bidder shall agree as a condition of Contract signature, that the pricing data will be the basis of determining fair and reasonable pricing for all subsequent negotiations for modifications of or additions to the Contract and that no revisions of proposed prices will be made.

4.6.5.6. If the Bidder presents a convincing rationale pursuant to paragraph 4.6.5.3.2 above, no additional action will be warranted. The Purchaser, however, reserves its right to reject such an argument if the rationale is not compelling or capable of objective analysis. In such a case the Bid may be determined to be non-compliant.

4.6.5.7. The Agency reserves the right to request Contractors, or the subcontractor to separately identify each of the direct/indirect costs, advise why each is required, and provide supporting documentation to substantiate each charge, such as: 1) catalogue price lists and any applicable discounts, 2) copies of the subcontractor’s orders from others for the same or similar items, including explanations for cost variations, 3) subcontractor’s internal cost estimate, or documentation of whatever means the subcontractor used to arrive at the charge.

4.6.6. Once the offered prices have been calculated and checked, the formula set forth in paragraph 4.2.5.1 above will be applied to derive the Price Score of each bid.




4.7. Evaluation Step 4 – Calculation of Best Value Scores

4.7.1. Upon conclusion and approval of the Price Evaluation results, the pre-determined weighting scheme for the Technical Evaluation will be unsealed and the scores for the Engineering, Management, Supportability and Risk factors will be calculated for each compliant bid. Then all partial scores will be fed into the formula stated in paragraph 4.2.2 in order to obtain the Best Value Score of each bid.

4.7.2. The highest scored bid will be recommended as the Successful Bid.

4.7.3. In the unlikely event in which the calculation referred in paragraph 4.7.1 results in a statistical tie, the Purchaser will recommend as the Successful Bid the one with the best cost/technical ratio, defined as the lowest cost per technical score, (i.e. bid price divided by TS). For the purpose of this paragraph the term Statistical Tie shall be construed to indicate the situation where the total weighted score of the highest scoring bid, that is, the weighted score of price and technical combined, is within 1.0% of the total weighted score of one or more Bidders



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Book I, Annex A, Page A2-1

Annex A Bidding Sheets Package



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Annex A-1. Bidding Sheets See separate file Book I Annexes



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Annex A-2. Instructions for the Preparation of Bidding

Sheets

1.0 Introduction

1.1 Bid pricing requirements as addressed in this Annex are mandatory. Failure to abide to the prescriptions of bid submission referred in this section may lead to the bid being declared non-compliant and not being taken into consideration for award.

2.0 Bidding Sheets Structure

2.1 The Bidding Sheets, provided in native MS Excel® format are organized in accordance

with the following structure: CLIN Summary WP1 Management WP2 Enterprise Portal WP3 Text Chat WP4 Track Augmentation WP5 C2 Interoperability WP6 Software License Management Section 5 – Work Package Price Summary Breakdown Sheet(s)

2.2 A description of each section is provided at paragraph 5.0 along with the relevant assumptions and instruction for correctly compiling a price quotation.

3.0 General Pricing Requirements

3.1 Unless explicitly indicated in paragraph 5.0 of the present Annex or mandated by the Purchaser by the mean of a clarification issued in accordance with the prescriptions of Book I Section II paragraph 2.6, the structure of the bidding sheets shall not be altered or otherwise modified in any of its parts. This prescription is to be regarded as applicable also, but not limited to, indicated quantities, item descriptions, references, Purchaser’s inserted Not To Exceed (NTE) amounts and any other indication or instruction provided in the Bidding Sheets.

3.2 Bidders are advised that ‘auto-calculation’ has been inserted in the electronic copies of the Bidding Sheets. However, Bidders are responsible for ensuring that their figures are correctly calculated and should not rely on the accuracy of the auto-calculation features configured in the spreadsheets.

3.3 Bidders shall indicate Firm Fixed Prices for all CLINs in the bidding sheets in accordance with the detailed instructions contained in this Annex.

3.4 Offered prices shall not be made conditional in nature nor contain any expressed or implied limitations which conflicts or otherwise amends any of the prescriptions of the IFB.

3.5 All CLINs in the Bidding Sheets shall be quoted (i.e. All CLINs, Work Packages 1 through 6)

3.6 Bidders shall fill only marked yellow cells in the Bidding Sheets.



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3.7 The prices and quantities entered on the document shall reflect the total items required to meet the contractual requirements. The total price shall be indicated in the appropriate columns.

3.8 In preparing the Bidding Sheets, Bidders shall ensure that the prices of the Sub-items total the price of the major item of which they constitute a part.

3.9 All metrics (e.g., cost associated with labour) will be assumed to be normalised to 8 hours/day, for a five day working week at the location in which the performance is to be rendered as indicated in the SOW/Bidding Sheets..

3.10 Bidders shall be entirely responsible for the accuracy of the quotation provided. Notwithstanding the possibility of the Purchaser, at its sole discretion, to resort to the clarification process described in Book I Section IV paragraph 4.1.5, any computational error in the Bidding Sheets may unilaterally be resolved by the Purchaser on the basis of the information provided in the Bidding Sheets.

3.11 Except as it may otherwise be provided in the detailed instructions contained in section 5.0 of this Annex, bidders shall quote in other than their own national currency provided that proof can be provided to the extent that the Bidder is expected to incur in costs in those currencies (i.e. sub-contracts stipulated with firms from NATO countries other than the bidder’s). In such cases Bidders may quote in multiple currencies as applicable.

3.12 By virtue of its status as established in the provision of the NC3O Charter Article 67(e)(3)1, the Purchaser is made exempt of all direct and indirect forms of taxation (i.e. Value Added Tax – VAT ) as well as from import and export duties on merchandise imported or exported. Consequently, Bidders shall exclude from their bid price all taxes, duties and custom charges.

3.13 Unless otherwise required by virtue of paragraph 5.0 of the present Annex, all prices quoted shall be Delivery Duties Paid (DDP) Destination in accordance with the International Chamber of Commerce INCOTERMS 2010.

3.14 The price quotation shall not include any other documentation except for the compiled bidding sheets in their required hard copy and electronic format.

3.15 Subject to the prescriptions of Book I paragraphs 3.6.2.8.1, all due dates as referred in the Bidding Sheets shall be linked to performance to be rendered in accordance with the proposed Project Implementation Schedule as provided as part of the bidder’s proposal and on the basis of which the price quotation shall be compiled. To this extent Bidders shall note that, as for the Purchaser provided Project Implementation Schedule enclosed to the IFB, the relative durations of the tasks as indicated in the Bidder’s proposed Project Implementation Schedule although indicated in precise calendar terms because of software application constrains (i.e. calendar dates are specified) will be construed as relative to an hypothetical Effective Date of Contract (EDC) to occur not later than the end of 2012. Bidders shall take this indication in due account when factoring inflation and general increase of costs during the period of performance of the different work packages for the purpose of their price quotation. As not the entirety of the award process is within the influence of the Purchaser, it is not possible at this stage to clearly indicate a precise time of contract award and consequently a precise time for Work Packages performance. For the purpose of the quotation Bidders shall assume the risk deriving from any

1 The stated provision reads as follows: Each participating Nation undertakes to grant NC3A or its legal

successor under the terms of Article 9 and 10 of the Ottawa Agreement, exemption from all direct taxes (except

rates, taxes and dues which are no more than charges for public utility services), from the taxes on the sales of

movable and immovable properties, and from custom and excise duties in respect of equipment imported or

exported by NC3A, its legal successor or its appointed agents.



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reasonable delay in award with respect to inflation. Consequently, in quoting for the various contract stages the Bidders may refer to this indicated time and consider the application of rates that are deemed appropriate in light of the programmed contract schedule and the various stages lengths. The occurrence of any reasonable delay in award shall not however constitute ground for the bidders to claim a revision of the prices or otherwise requests any other adjustment before or after contract award. Similarly the anticipation of the Contract award date will not constitute ground for any Purchaser’s request for decrease in price.

4.0 Ceiling Price 4.1 Notwithstanding the prescriptions at paragraph 3.0, the total cumulative amount of the

below listed Work Packages CLINs SHALL NOT exceed € 18,789,710:

Contract Work Package 1: Project Management – CLINs from 1.01 to 1.08 & Sub CLINs

Contract Work Package 2: Enterprise Portal–CLINs from 2.00 though 2.12 & Sub-CLINs, excluding 2.08, 2.09 and 2.10

Contract Work Package 3: Text Chat – CLINs from 3.00 to 3.09 and Sub-CLINs

Contract Work Package 4: Track Augmentation – CLINs from 4.00 to 4.09 & Sub-CLINs

Contract Work Package 5: C2 Interoperability – CLINs from 5.00 to 5.10 & Sub-CLINs, excluding 5.08

Contract Work Package 6: Software License Management– CLINs from 6.00 though 6.12 and Sub-CLINs, excluding 6.08, 6.09 and 6.10

4.2 Particular care shall be placed by bidders quoting, in whole or for a limited numbers of

CLINs, in currencies other than EURO as, for the purpose of assessing compliance with the price ceiling indicated in paragraph 4.1 the Purchaser will proceed in accordance with the prescriptions in Book I paragraph 4.6.3

5.0 Bidding Sheets Compilation Instructions 5.1 Compilation Requirements – Order of precedence.

This paragraph and sub-paragraphs addresses specific compilation requirements as well as assumptions relevant to the different sections of the bidding sheets. Requirements expressed in the present paragraph and sub-paragraphs are in addition to those expressed in paragraph 3.0. For those cases in which the requirements of paragraph 3.0 contradict or revise in the prescriptions contained in this paragraph, the latter shall take precedence.

5.2 Bidding Sheets – CLIN Summary Page The bidder shall indicate on the Bidding Sheet CLIN Summary Page the currency in which its bid is expressed. Subject to the prescriptions of paragraph 3.11 of the present Annex, in those cases in which multiple currencies are used, the bidder shall augment the standard indications provided by inserting references to the additional currency used as well as by providing an indication of which CLINs are quoted in which currency. This indication shall not discharge the bidder from its obligation to provide for each CLIN of the Bidding Sheet appropriate indication of the currency used.



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5.3 Bidding Sheets – Work Packages

5.3.1 Introduction

The Bidding Sheets work packages contain a high level tabular representations of the tasks and deliverables to be provided as a result of the performance under the Contract. These tasks and deliverables are described in detail in the Statement of Work attached to the Prospective Contract (Book II). As, subject to the indications and assumptions contained in this Annex, the price quotation to be provided for all work packages will be construed to include all costs associated with the performance to be rendered and the deliverables to be provided for the stipulated scope of the Contract and that relevant to any of the listed Options, Bidders are to refer to the details of the SOW in order to correctly assess and include all costs associate to the performance in the provided CLINs. 5.3.2 Section 1 – Work Packages Pricing Requirements Subject to the stipulations in paragraph 5.1, the following requirements are applicable to the pricing of all Work Packages CLINs: a. For other than Options CLINs: All costs associated with the performance of the Work Packages including but not limited to those associated with COTS, Third Party or Background Intellectual Property Hardware and Software (license acquisition costs and recurrent fees) necessary to successfully discharge all obligations under the Prospective Contract (Book II) taking into consideration the Contractor’s proposed Project Implementation Schedule. b. For Options CLINs: All costs associated with the performance of the Work Packages including but not limited to those associated with COTS, Third Party or Background Intellectual Property Hardware and Software (license acquisition costs and recurrent fees) necessary to successfully discharge all obligations under the Prospective Contract (Book II) taking into consideration the performance period referred in the scope of the Option.

5.4 Bidding Sheets – Work Package Price Summary Breakdown Sheet

5.4.1 Introduction A Price Summary Breakdown Sheet is included in the bidding sheet and shall be submitted as part of the bid in accordance with the prescriptions provided in Book I Section III.

5.4.2 Pricing Requirements

Subject to the stipulations in paragraph 5.1, the following requirements are applicable for the purpose of the compilation of the Price Summary Breakdown Sheet. a. All identified sections in the Price Summary Breakdown Sheet shall be



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filled. No other format changes or other types of alterations shall be implemented other than specified. b. One Price Summary Breakdown Sheet shall be compiled for each Work Package identified in the Bidding Sheets illustrating the costs elements associated with the cumulative total of the following CLINs. In addition, extra Price Summary Breakdown Sheets shall be compiled by Contract Year (where applicable) which shall total to the corrseponding Work Package Price Summary Breakdown Sheet. Contract Work Package 1: Project Management – CLINs from 1.01 to 1.08 and all Sub-CLINs Contract Work Package 2: Enterprise Portal – CLINs from 2.00 to 2.7 and all Sub-CLINs Contract Work Package 3: Text Chat – CLINs from 3.00 to 3.07 and all Sub-CLINs Contract Work Package 4: Track Augmentation – CLINs from 4.00 to 4.07 and all Sub-CLINs Contract Work Package 5: C2 Interoperability – CLINs from 5.00 to 5.07 and all Sub-CLINs Contract Work Package 6: Software License Management– CLINs from 6.00 to 6.7 and all Sub-CLINs c. The total amount as indicated in the Work Package Price Summary Breakdown sheet shall match the cumulative total amounts of the Work Package CLINs it refers to as identified in the Work Package Bidding Sheet



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Book I, Annex B, Page B-1

Annex B Prescribed Administrative Forms and Certificates



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Annex B-1. Certificate of Legal Name of Bidder This Bid is prepared and submitted on behalf of the legal corporate entity specified below: FULL NAME OF CORPORATION:

________________________________________

DIVISION (IF APPLICABLE): ________________________________________ SUB DIVISION (IF APPLICABLE): ________________________________________ OFFICIAL MAILING ADDRESS ______________________________________________________________________________________________________________________________________________________________________________________________________________________________ E-MAIL ADDRESS: ________________________________________ TELEFAX No: ________________________________________ POINT OF CONTACT REGARDING THIS BID: NAME: ________________________________________ POSITION: ________________________________________ TELEPHONE: ________________________________________ ALTERNATIVE POINT OF CONTACT: NAME: ________________________________________ POSITION: ________________________________________ TELEPHONE: ________________________________________ Date Signature of Authorised Representative Printed Name Title Company



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Annex B-2. Acknowledgement of Receipt of IFB

Amendments I confirm that the following amendments to Invitation for Bid n° IFB-CO-13345-AMN12 have been received and the Bid, as submitted, reflects the content of such amendments.

Date Signature of Authorised Representative Printed Name Title Company

Amendment no. Date of Issued

Date of receipt Initials



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Annex B-3. Certificate of Independent Determination It is hereby stated that: a. We have read and understand all documentation issued as part of IFB-CO-13345-AMN12. Our Bid submitted in response to the referred solicitation is fully compliant with the provisions of the IFB and the prospective contract. b. Our Bid has been arrived at independently, without consultation, communication or agreement, for the purpose of restricting competition, with any other Bidder or with any competitor; b. The contents of our Bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to award, directly or indirectly to any other Bidder or to any competitor; and c. No attempt has been made, or will be made by the Bidder to induce any other person or firm to submit, or not to submit, a Bid for the purpose of restricting competition. Date : ........................ Signature : ........................ Name & Title : ........................ Company : ........................ Bid Reference : ........................



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Annex B-4. Certificate of Bid Validity I, the undersigned, as an authorised representative of the firm submitting this Bid, do hereby certify that the pricing and all other aspects of our Bid will remain valid for a period of twelve (12) months from the Bid Closing Date of this Invitation for Bid. …................................................. Date

…............................................................. Signature of Authorised Representative

…............................................................. Title

…............................................................. Company



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Annex B-5. Certificate of Exclusion of Taxes, Duties and

Charges I hereby certify that the prices offered in the price quotation of this Bid exclude all taxes, duties and customs charges from which the Purchaser has been exempted by international agreement. …..................................... …............................................................. Date Signature of Authorised Representative …............................................................. Title …............................................................. Company



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Annex B-6. Comprehension and Acceptance of Contract Special and General Provisions

The Bidder hereby certifies that he has reviewed the Special Contract Provisions and the NC3O General Provisions set forth in the Prospective Contract, Book II of this Invitation for Bid. The Bidder hereby provides his confirmation that he fully comprehends the rights, obligations and responsibilities of the Contractor as set forth in the Articles and Clauses of the Prospective Contract. The Bidder additionally certifies that the offer submitted by the Bidder is without prejudice, qualification or exception to any of the Terms and Conditions and he will accept and abide by the stated Special and General Provisions if awarded the contract as a result of this Invitation for Bid. …..................................... …............................................................. Date Signature of Authorised Representative …............................................................. Title ….............................................................



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Annex B-7. Disclosure of Requirements for NC3A Execution of Supplemental Agreements

I, the undersigned, as an authorised representative of _______________________, certify the following statement: All supplemental agreements, defined as agreements, documents and/or permissions outside the body of the Contract but are expected to be required by my Government, and the governments of my subcontractors, to be executed by the NC3A or its legal successor as a condition of my firm’s performance of the Contract, have been identified, as part of the Bid. These supplemental agreements are listed as follows and/or are relevant to the following items: Examples of the terms and conditions of these agreements have been provided in our Offer. The anticipated restrictions to be imposed on NATO, if any, have been identified in our offer along with any potential conflicts with the terms, conditions and specifications of the Prospective Contract. These anticipated restrictions and potential conflicts are based on our knowledge of and prior experience with such agreements and their implementing regulations. We do not certify that the language or the terms of these agreements will be exactly as we have anticipated. The processing time for these agreements has been calculated into our delivery and performance plans and contingency plans made in the case that there is delay in processing on the part of the issuing government(s). We recognise that additional supplemental agreements, documents and permissions presented as a condition of Contract performance or MOU signature after our firm would be selected as the successful bidder may be cause for the NC3A or for its legal successor to determine the submitted bid to be non-compliant with the requirements of the IFB; We accept that should the resultant supplemental agreements issued in final form by the government(s) result in an impossibility to perform the Contract in accordance with its schedule, terms or specifications, the contract may be terminated by the Purchaser at no cost to either Party. …..................................... …............................................................. Date Signature of Authorised Representative …............................................................. Title …............................................................. Company



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Annex B-8. Certificate of Compliance AQAP or ISO 9001:2000 or Equivalent

I hereby certify that _________________________(name of Company) possesses and applies Quality Assurance Procedures/Plans that are equivalent to the AQAP 2110 or ISO 9001:2000 as evidenced through the attached documentation1. …..................................... …............................................................. Date Signature of Authorised Representative …............................................................. Title …............................................................. Company

1 Bidders must attach copies of any relevant quality certification.



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Annex B-9. List of Prospective SubContractors Name and Address

of Sub-Bidder DUNS

Number4 Primary

Location of Work

Items/Services to be Provided

Estimated Value of

Sub-Contract Date : ........................ Signature : ........................ Name & Title : ........................ Company : ........................ Bid Reference : ........................

4 Data Universal Numbering System (DUNS). Bidders are requested to provide this data in order to help NC3A or its legal successor to correctly identify Subcontractors. If a Subcontractor’s DUNS is not known this field may be left blank.



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Annex B-10. Bidder Background IPR I, the undersigned, as an authorised representative of Bidder _______________________, warrant, represent, and undertake that:

a. The Contractor Background IPR specified in the table below will be used for the purpose of carrying out work pursuant to the prospective Contract5.

ITEM DESCRIPTION / IP OWNERSHIP INDICATE: SERVER OR

CLIENT SIDE6

b. The stated Bidder has and will continue to have, for the duration of the prospective Contract, all necessary rights in and to the Background IPR specified above.

c. The Background IPR stated above complies with the terms specified in Clause 24, 25 of the Special Contract Provisions and shall be licensed to the Purchaser according to the terms and conditions specified therein and in Clause 30 of the NC3O General Contract Provisions.

Date : ........................ Signature : ........................ Name & Title : ........................ Bid Reference : ........................List of SubContractor IPR

5 Indicate solely items the provision of which is necessary for the purpose of installing, maintaining and regularly operating the system (i.e. development environment, testing environment etc. items shall not be included). 6 Both items included and NOT included in the NCSA AFPL shall be listed. Indicate whether the IPR is applicable to a COTS product as defined in Clause 1.2.2 of the Special Contract Provisions.



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Annex B-11. List of Subcontractor IPR I, the undersigned, as an authorised representative of Bidder _______________________, warrant, represent, and undertake that:

a. The Subcontractor IPR specified in the table below will be used for the purpose of carrying out work pursuant to the prospective Contract7.

ITEM DESCRIPTION / IP OWNERSHIP INDICATE SERVER OR

CLIENT SIDE8

b. The stated Bidder has and will continue to have, for the duration of the prospective Contract, all necessary rights in and to the IPR specified above necessary to perform the Contractor’s obligations under the Contract.


Date : ........................ Signature : ........................ Name & Title : ........................ Bid Reference : ........................

7 Indicate solely items the provision of which is necessary for the purpose of installing, maintaining and regularly operating the system (i.e. development environment, testing environment etc. items shall not be included) 8 Both items included and NOT included in the NCSA AFPL shall be listed. Indicate whether the IPR is applicable to a COTS product as defined in Clause 1.2.2 of the Special Contract Provisions.



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Annex B-12. List of Third Party IPR I, the undersigned, as an authorised representative of Bidder _______________________, warrant, represent, and undertake that:

a. The Third Party IPR specified in the table below will be used for the purpose of carrying out work pursuant to the prospective Contract9.

ITEM DESCRIPTION / IP OWNERSHIP INDICATE SERVER OR CLIENT SIDE10

b. The stated Bidder has and will continue to have, for the duration of the prospective Contract, all necessary rights in and to the IPR specified above necessary to perform the Contractor’s obligations under the Contract.


Date : ........................

Signature : ........................

Name & Title : ........................

Bid Reference : ........................

9 Indicate solely items the provision of which is necessary for the purpose of installing, maintaining and regularly operating the system (i.e. development environment, testing environment etc. items shall not be included) 10 Both items included and NOT included in the NCSA AFPL shall be listed. Indicate whether the IPR is applicable to a COTS product as defined in Clause 1.2.2 of the Special Contract Provisions.



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Annex B-13. Certificate of Origin of Equipment, Services,

and Intellectual Property The Bidder hereby certifies that, if awarded the Contract pursuant to this solicitation, he will perform the contract subject to the following conditions:

(a) none of the work, including project design, labour and services shall be performed other than by firms from and within participating NATO member countries;

(b) no material or items of equipment down to and including identifiable sub-

assemblies shall be manufactured or assembled by a firm other than from and within a participating NATO member country. (A sub-assembly is defined as a portion of an assembly consisting of two or more parts that can be provisioned and replaced as an entity)*; and

(c) The intellectual property rights to all design documentation and related system

operating software shall reside in NATO member countries, and no license fees or royalty charges shall be paid by the Bidder to firms, individuals or Governments other than within the NATO member countries.

Date : ........................ Signature : ........................ Name & Title : ........................ Company : ........................ Bid Reference : ........................



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Annex B-14. List of Proposed Key Personnel

Position SOW/Work

Package Reference

Labour Category Name Designation Period

Project Manager 3.5.2 EDC thru Contract completion

Technical Lead 3.5.3 EDC thru Contract completion

Test Director 3.5.4 EDC thru Contract completion

Quality Assurance Manager

3.5.5 EDC thru Contract completion

Date : ........................ Signature : ........................ Name & Title : ........................ Company : ........................ Bid Reference : ........................



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Annex B-15. Certificate of Price Ceiling Expressly acknowledging and accepting the prescriptions detailed in Book I paragraph 4.6.1.1.1 of IFB-CO-13345-AMN12, the undersigned, hereby certifies that the cumulative total price offered for the Work Packages CLINs listed below does not exceed € 18,789,710.

Contract Work Package 1: Project Management – CLINs from 1.01 to 1.08 and all Sub-CLINs






Notes:

(1) No price information of your Bid should be disclosed in neither the Bid Administration Package nor the Technical Proposal Package.

(2) The Bidder shall not change the price offered in the bid by submitting this subject certificate. The Bidder shall only provide the certificate to confirm it does not exceed the price ceiling specified in paragraph 4, Annex A-2 of Book I.

…..................................... …............................................................. Date Signature of Authorised Representative …............................................................. Title …............................................................. Company



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Book I, Annex C, Page C-1

Annex C Bid Guarantee - Standby Letter of Credit Standby Letter of Credit Number: Issue Date: ___________________________ Beneficiary: NATO C3 Agency, Financial Management Office Boulevard Leopold III, B-1110, Brussels Belgium Expiry Date: ___________________________ 1. We, (issuing bank) hereby establish in your favour our irrevocable standby letter of credit number {number} by order and for the account of (NAME AND ADDRESS OF BIDDER) in the original amount of € 100,000.00 (One Hundred Thousand Euro). We are advised this Guarantee fulfils a requirement under Invitation for Bid IFB-CO-13345-AMN12 dated __________________. 2. Funds under this standby letter of credit are available to you upon first demand and without question or delay against presentation of a certificate from the NATO C3 Agency Contracting Officer that: a) (NAME OF BIDDER) has submitted a Bid and, after Bid Closing Date

(including extensions thereto) and prior to the selection of the lowest priced, technically compliant Bid, has withdrawn his Bid, or stated that he does not consider his Bid valid or agree to be bound by his Bid, or

b) (NAME OF BIDDER) has submitted a Bid determined by the Agency to be

the lowest priced, technically compliant Bid, but (NAME OF BIDDER) has declined to execute the contract offered by the Agency, such contract being consistent with the terms of the Invitation for Bid, or

c) The NATO C3 Agency has offered (NAME OF BIDDER) the contract for

execution but (NAME OF BIDDER) has been unable to demonstrate compliance with the security requirements of the contract within a reasonable time, or

d) The NATO C3 Agency has entered into the contract with (NAME OF

BIDDER) but (NAME OF BIDDER) has been unable or unwilling to provide the Performance Guarantee required under the terms of the contract within the time frame required.

3. This Letter of Credit is effective the date hereof and shall expire at our office located at (Bank Address) on __________________. All demands for payment must be made prior to the expiry date. 4. It is a condition of this letter of credit that the expiry date will be automatically extended without amendment for a period of sixty (60) calendar days from the current or any successive expiry date unless at least thirty (30) calendar days prior to the then current expiry



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Book I, Annex C, Page C-2

date the NATO C3 Agency Contracting Officer notifies us that the Letter of Credit is not required to be extended or is required to be extended for a shorter duration. 5. We may terminate this letter of credit at any time upon sixty (60) calendar days notice furnished to both (NAME OF BIDDER) and the NATO C3 Agency by registered mail. 6. In the event we (the issuing bank) notify you that we elect not to extend the expiry date in accordance with paragraph 4 above, or, at any time, to terminate the letter of credit, funds under this credit will be available to you without question or delay against presentation of a certificate signed by the NATO C3 Agency Contracting Officer which states “The NATO C3 Agency has been notified by {issuing bank} of its election not to automatically extend the expiry date of letter of credit number {number} dated {date} pursuant to the automatic renewal clause (or to terminate the letter of credit). As of the date of this certificate, no suitable replacement letter of credit, or equivalent financial guarantee has been received by the NATO C3 Agency from, or on behalf of (NAME OF BIDDER), and the NATO C3 Agency, as beneficiary, hereby draws on the standby letter of credit number ________ in the amount of € (Amount up to the maximum available under the LOC), such funds to be transferred to the account of the Beneficiary number ___________________ (to be identified when certificate is presented).” Such certificate shall be accompanied by the original of this letter of credit and a copy of the letter from the issuing bank that it elects not to automatically extend the standby letter of credit, or terminating the letter of credit. 7. The Beneficiary may not present the certificate described in paragraph 6 above until 20 (twenty) calendar days prior to a) the date of expiration of the letter of credit should {issuing bank} elect not to automatically extend the expiration date of the letter of credit, b) the date of termination of the letter of credit if {issuing bank} notifies the Beneficiary that the letter of credit is to be terminated in accordance with paragraph 6 above. 8. Multiple drawings are allowed. 9. Drafts drawn hereunder must be marked, “Drawn under {issuing bank} Letter of Credit No. {number}“ and indicate the date hereof. 10. This letter of credit sets forth in full the terms of our undertaking, and this undertaking shall not in any way be modified, amended, or amplified by reference to any document, instrument, or agreement referred to herein (except the International Standby Practices (ISP 98) hereinafter defined) or in which this letter of credit is referred to or to which this letter of credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. 11. We hereby engage with you that drafts drawn under and in compliance with the terms of this letter of credit will be duly honoured upon presentation of documents to us on or before the expiration date of this letter of credit. 12. This Letter of Credit is subject to The International Standby Practices-ISP98 (1998 Publication) International Chamber of Commerce Publication No.590.



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Book I, Annex D, Page D-1

Annex D Non Disclosure Undertaking

1. PARTIES SIGNING THE AGREEMENT [Insert name of Company], located in …..(address)….. (hereinafter referred to as “Company”) and its officers, directors and employees (being permanent, temporary, full-time, part-time, or staff that has been hired as consultants by the said company) agree to be bound by the terms of this undertaking (the “Undertaking”).

2. BACKGROUND In order to allow potential bidders to prepare a bid under IFB-CO-13345-AMN12, the NC3A or its legal successor will release to potential Bidders that have duly executed this Undertaking certain documentation/data that are and remain the property of NC3A or its legal successor.

3. CONFIDENTIAL INFORMATION For the purposes of this Undertaking, Confidential Information shall include the following:

AMN Enterprise Portal virtual testing environment and current CBT JChat 2.4.0 delivery as part of AMN 2011:

• SE JChat client v1.4.x • Tactical Chat Server (1.x) from US • Plugins • Documentation

4. PURPOSE OF THE AGREEMENT The purpose of this Agreement is to grant the Company with a temporary, non-assignable, non-transferable and non-exclusive right to use the Confidential Information for the sole purpose of being able to prepare a bid in response to Invitation For Bid IFB-CO-13345-AMN12. 5. RIGHT OF USE 5.1 Company is authorised to use the Confidential Information for the purpose stated in section 3 above and for a limited period not to exceed the completion of the bid evaluation period (as notified by the Purchaser) for IFB-CO-13345-AMN12.. This period shall be extended automatically if Company is determined to be the Successful Bidder until the effective date of Contract CO-13345-AMN12., which shall then govern the terms of use and disclosure of the Confidential Information.



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5.2 The Confidential Information will be delivered “as is”. The liability of NC3A or that of its legal successor for damages of any kind including but not limited to incidental, special or consequential damages sustained by the Company as a result of the usage of the Software is excluded. 5.3 Any cost involved with the use of the Confidential Information is the sole responsibility of the Company. 5.4 On completion of the bidding process in relation to Invitation For Bid IFB-CO-13345-AMN12. and at the latest five (5) working days after notification that Company is not the successful Bidder, Company shall return to NC3A or its legal successor, or destroy, the Confidential Information and provide NC3A or its legal successor with a written statement that Company has returned the original Confidential Information and all copies or destroyed the original Confidential Information and all copies.

6. NON-DISCLOSURE 6.1. Company shall not disclosure the Confidential Information to any third party and shall limit the disclosure internally to those of its officers, directors, employees (being permanent, temporary, full-time, part-time, or staff that has been hired as consultants by the said company) on a need to know basis and provided that these officers, directors, employees (being permanent, temporary, full-time, part-time, or staff that has been hired as consultants by the said company) are bound by a non-disclosure agreement or an adequate confidentiality clause covering the information disclosed on the basis of this Agreement. 6.2 It is acknowledged by the Parties that when any portion of the Confidential Information falls within any of the following provisions, such portion of the Confidential Information is released from the protection provided under this Agreement from the date such provision becomes effective:

- Information which is or becomes part of the public domain without breach of this Undertaking;

- Information which is received after the signature of this Undertaking by Company from a third party who did not obtain or disclose it in violation of any rights of NC3A or of its legal successor;

- Information which is already known by Company, which is legally allowed to use it, at the time of signature of this Undertaking, which the Company can substantiate by written evidence:

- Information which is publicly disclosed with the prior written approval of NC3A or its legal successor; and

Information which is independently developed by an employee of the Company who did not have access to the Confidential Information and independent development is substantiated by reasonable evidence.

7. DISPUTE RESOLUTIONS All disputes arising as a result of this Undertaking shall be subject to the dispute resolution procedure as detailed below:



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7.1. Dispute resolution shall be governed, interpreted and construed in accordance with the private contract law of the Kingdom of Belgium. 7.2. All disputes arising under, or which are related to this Agreement or with respect to its effectiveness shall be resolved by consultation between the Parties. If no agreement can be found, either Party may open arbitration proceedings in accordance with the following arbitration provisions. 7.3. 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 (30) days from the date of receipt of this letter, the parties shall jointly appoint an arbitrator. In the event of failing to appoint an arbitrator, the dispute or disputes shall be submitted to an Arbitration Tribunal consisting of three arbitrators, one being appointed by NC3A or by its legal successor, another by the Company 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 (15) days following the expiration of the said first period, the appointment shall be made, within twenty-one (21) days, at the request of the party instituting the proceedings, by the Secretary General of the Permanent Court of Arbitration at The Hague. 7.4. 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. Any arbitrator must be of the nationality of any one of the member states of the NATO and shall be bound by the rules of security in force within NATO. 7.5. 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 the 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. 7.6. An arbitrator, who, for any reason whatsoever, ceases to act as an arbitrator, shall be replaced under the procedure laid down in paragraph 7.3. above. 7.7. 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 signature of the present Agreement. The awards of the arbitrator or of the Arbitration Tribunal shall be final and there shall be no right of appeal or recourse of any kind. These awards shall determine the appointment of the arbitration expenses.

8. GENERAL PROVISIONS 8.1. Nothing in this agreement shall be construed as granting or conferring any proprietary rights to the Company on the Confidential Information, acquired prior or after the date of this Agreement. On behalf of Company ____________________ Name: Title: Date:



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Book I, Annex E, Page E-1

Annex E .Purchaser Project Master Schedule

See separate file

N A T O UN C L A S S I F I E D

IFB-CO-13345-AMN12- Book I- Annex F INSERT COMPANY NAME HERE IFB-CO-13345-AMN12 INSERT SUBMISSION DATE HERE

N A T O U N C L A S S I F I E D Book I, Annex , Page F-1 Page 1

Annex F Clarification Request Form

INVITATION FOR BID IFB-CO-13345-AMN12

Afghanistan Mission Network (AMN) 2012

Clarification Requests Form




ADMINISTRATION or CONTRACTING Serial

NR IFB REF

QUESTION ANSWER Status

A.1

A.2

A.3




PRICE Serial

NR IFB REF


P.1

P.2

P.3



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Book I, Annex , Page F-4

TECHNICAL Serial

NR IFB REF


T.1

T.2

T.3

NATO UNCLASSIFIED IFB-CO-13345-AMN12

IFB-CO-13345-AMN12

Development, implementation and support of Afghanistan Mission Network (AMN) 2012 Core Capabilities

AUTHORISATION/SERIAL NOS.

AC/4-DS(2011)0030

Project Serials No.: 2012/5VA30597

BOOK II

PROSPECTIVE CONTRACT


Book II

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NC3A CONTRACT

1. Original Number __ of

2. NSI NO: Page 1 of

3. Contract Number: CO-13345-AMN12

4. Effective Date:

5. Contractor:

6. Purchaser: NC3O represented by: The General Manager NATO C3 Agency Boulevard Leopold III B-1110 Bruxelles Tlx: 25931 Tel: +32(0)2 707 82.14 Fax: +32(0)2 707 87.70

7. CONTRACT SCOPE/SCHEDULE OF SUPPLIES/SERVICES

This is a Firm Fixed Price Contract for the design, development, implementation, and maintenance of Afghanistan Mission Network (AMN) 2012 Capabilities as specified in the Statement of Work (SOW) and related documentation to be delivered in accordance with the terms and conditions specified herein.

The obligation of the parties is limited to performance of work stipulated under the Contract and limited to its total amount as specified in Block 7 of the present Contract Signature Page unless such amount is revised by virtue of a formal Contract modification.

8. TOTAL AMOUNT OF CONTRACT : Firm Fixed Price €

9. PERIOD OF PERFORMANCE See Section 1 (Schedule of Services and Deliverables) and Section 2 (Special Provisions) attached hereto

10. LOCATION OF WORK As specified in Section 4 (Statement of Work) and Contractor’s proposal

11. CONTRACT AGREEMENT: This document (hereinafter referred to as the “Signature Page”), and the following named documents, where indicated incorporated by reference, constitute the entire Agreement between the Parties (hereinafter referred to as the "Contract" or the "Agreement"): (i) Part 1. Schedule of Supplies and Services (ii) Part 2. Special Contract Provisions and Annexes (iii) Part 3. NC3O General Provisions and Annexes (iv) Part 4. Statement of Work (v) Purchaser clarifications and interpretations provided during the course of IFB-CO-13345-AMN12(Incorporated by reference) (vi) Contractor Proposal __________________Dated_________________ including any contractor’s proposed System Requirement Specification document and subsequent clarifications (incorporated by reference). In the event of any conflict or inconsistencies between or among any of the documents comprising this Agreement, the order of priority specified in clause 2 “Order of Precedence” of the Contract Special Provisions shall be applied. 12. Signature of Contractor

13. Signature of Purchaser

14. Name and Title of Signer

15. Name and Title of Signer

16. Date signed by the Contractor

17. Date signed by the Purchaser


Book II


TABLE OF CONTENTS

PART I - CONTRACT SCHEDULES ....................................................................... 8

PART II - SPECIAL CONTRACT PROVISIONS .................................................. 9

PART II – SPECIAL CONTRACT PROVISIONS ............................................... 10

1. INTERPRETATION, DEFINITIONS, AND ACRONYMS ......................... 10

2. ORDER OF PRECEDENCE ............................................................................ 11

3. DISPOSITION OF NC3O GENERAL CONTRACT PROVISIONS .......... 12

4. SCOPE OF WORK............................................................................................ 13

5. CONTRACT TYPE ........................................................................................... 13

6. INVOICES AND PAYMENT TERMS ............................................................ 14

7. PRICING OF CHANGES, AMENDMENTS AND CLAIMS ....................... 15

8. PURCHASE OPTIONS .................................................................................... 15

9. SCHEDULE OF SITE INSTALLATIONS ..................................................... 16

10. ACCEPTANCE PROCEDURES ................................................................. 16

11. RISK OF LOSS OR DAMAGE .................................................................... 17

12. COTS PRODUCTS REPLACEMENT........................................................ 17

13. LOCAL STANDARDISATION ................................................................... 17

14. CONTRACT ADMINISTRATION ............................................................. 18

15. TECHNICAL DIRECTION ......................................................................... 19

16. LIQUIDATED DAMAGES .......................................................................... 19


Book II


17. CONTRACTOR’S EMPLOYEES ............................................................... 20

18. KEY PERSONNEL ....................................................................................... 21

19. INDEPENDENT CONTRACTOR............................................................... 22

20. BACKGROUND IPR .................................................................................... 22

21. PERMISSIBLE SCOPE OF USE FOR SOFTWARE LISTED AS BACKGROUND IPR ................................................................................................ 23

22. CONFIDENTIALITY AND NON-DISCLOSURE .................................... 23

23. CONFLICT OF INTEREST ......................................................................... 24

24. PURCHASER FURNISHED PROPERTY AND SERVICES .................. 25

25. WARRANTY PERIOD (OTHER THAN SOFTWARE) .......................... 26

26. SOFTWARE WARRANTY .......................................................................... 28

27. PERFORMANCE GUARANTEE ............................................................... 29

28. SECURITY ..................................................................................................... 32

29. SUPPLEMENTAL AGREEMENTS ........................................................... 33

30. ENGINEERING CHANGE PROPOSALS (ECP) ..................................... 33

31. INCORPORATION OF REVISED PROJECT MANAGEMENT AND ENGINEERING DOCUMENTATION DELIVERABLES .................................. 35

32. CONTRACTOR PERFORMANCE IN OPERATIONAL AREA – AFGHANISTAN. ....................................................................................................... 36

33. MESSING, LODGING, WATER AND LAUNDRY SERVICES. ............ 39

ANNEX A. LIST OF ABBREVIATIONS ............................................................. 1

ANNEX B. NATO C3 AGENCY DECLARATION ............................................. 1

ANNEX C. KEY PERSONNEL ............................................................................. 1


Book II


ANNEX D. CONTRACTOR AND SUBCONTRACTOR BACKGROUND IPR 1

ANNEX E. THIRD PARTY IPR ............................................................................ 1

ANNEX F. INSTRUCTIONS FOR COMPLETING A CONTRACTOR PRICING SUMMARY ................................................................................................ 2

ANNEX G. CONTRACTOR PRICING SUMMARY .......................................... 1

PART III – NC3O GENERAL CONTRACT PROVISIONS.................................. 2

1. ORDER OF PRECEDENCE .............................................................................. 4

2. DEFINITIONS OF TERMS AND ACRONYMS ............................................. 4

3. AUTHORITY ....................................................................................................... 9

4. APPROVAL AND ACCEPTANCE OF CONTRACT TERMS ................... 10

5. LANGUAGE ...................................................................................................... 10

6. AUTHORISATION TO PERFORM/CONFORMANCE TO NATIONAL LAWS AND REGULATIONS.................................................................................. 10

7. FIRM FIXED PRICE CONTRACT ................................................................ 10

8. PERFORMANCE GUARANTEE ................................................................... 11

9. PARTICIPATING COUNTRIES ..................................................................... 14

10. SUB-CONTRACTS ....................................................................................... 15

11. SECURITY ..................................................................................................... 16

12. RELEASE OF INFORMATION.................................................................. 18

13. PURCHASER FURNISHED PROPERTY ................................................. 19

14. CONTRACTOR'S PERSONNEL WORKING AT PURCHASER'S FACILITIES .............................................................................................................. 20


Book II


15. HEALTH, SAFETY AND ACCIDENT PREVENTION ........................... 21

16. CHANGES ...................................................................................................... 21

17. STOP WORK ORDER.................................................................................. 23

18. CLAIMS.......................................................................................................... 24

19. PRICING OF CHANGES, AMENDMENTS AND CLAIMS ................... 26

20. NOTICE OF SHIPMENT AND DELIVERY ............................................. 29

21. INSPECTION AND ACCEPTANCE OF DELIVERABLES AND SERVICES.................................................................................................................. 31

22. INSPECTION AND ACCEPTANCE OF DOCUMENTATION .............. 34

23. USE AND POSSESSION PRIOR TO ACCEPTANCE ............................. 36

24. OWNERSHIP AND TITLE .......................................................................... 37

25. INVOICES AND PAYMENT ....................................................................... 37

26. TAXES AND DUTIES ................................................................................... 38

27. WARRANTY OF DELIVERABLES ........................................................... 39

28. RIGHT OF ACCESS, EXAMINATION OF RECORDS .......................... 43

29. PATENT AND COPYRIGHT INDEMNITY ............................................. 44

30. INTELLECTUAL PROPERTY ................................................................... 45

31. NATO CODIFICATION............................................................................... 48

32. RELEASE FROM CLAIMS ......................................................................... 49

33. ASSIGNMENT OF CONTRACT ................................................................ 50

34. TRANSFER AND SUB-LETTING .............................................................. 50

35. PURCHASER DELAY OF WORK ............................................................. 50


Book II


36. CONTRACTOR NOTICE OF DELAY ...................................................... 51

37. LIQUIDATED DAMAGES .......................................................................... 51

38. TERMINATION FOR DEFAULT .............................................................. 52

39. TERMINATION FOR THE CONVENIENCE OF THE PURCHASER 57

40. APPLICABLE LAW ..................................................................................... 63

41. DISPUTES ...................................................................................................... 63

42. ARBITRATION ............................................................................................. 64

43. SEVERABILITY ........................................................................................... 65

PART IV – STATEMENT OF WORK ................................................................... 72


Book II


This page is intentionally left blank


Book II, Part I– Contract Schedules


CO-13345-AMN12 AFGHANISTAN MISSION NETWORK (AMN) 2012

PART I - CONTRACT SCHEDULES

(This Section will be derived from the bidding sheets submitted by the successful

Bidder)


Book II, Part II – Contract Special Provisions

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Book II, Part II, Page 9

CO-13345-AMN12

AFGHANISTAN MISSION NETWORK (AMN) 2012

PART II - SPECIAL CONTRACT PROVISIONS



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PART II – SPECIAL CONTRACT PROVISIONS

1. INTERPRETATION, DEFINITIONS, AND ACRONYMS

1.1. As used throughout this Contract, acronyms shall have meanings specified in ANNEX A.

1.2. As used throughout this Contract, the following terms shall have the meanings specified below unless otherwise specified in the Contract:

1.2.1. “CIS Environment”: NATO existing computing environment (consisting of hardware and/or software and/or telecommunications networks or equipment) with which the system or the software is to interface with and/or interoperate or, in cases where the Contractor is supplying Software only, on which the Software is to be installed;

1.2.2. Commercial Off-the-Shelf Items (COTS): the terms “Commercial Off-the-Shelf Item (COTS)” means an item that:

1.2.2.1. is a commercial item;

1.2.2.2. is sold in substantial quantities in the commercial marketplace; and

1.2.2.3. is offered to the Purchaser, without modification, in the same form in which it is sold in the commercial marketplace.

1.2.3. “Installation Sites”: the NATO premises as set out in Contract Schedules and the SOW and or such other sites as the Purchaser shall from time to time notify to the Contractor through a Contract Amendment;

1.2.4. “NATO Participating Country”: any of NATO nation that has undertaken to share the cost of the project, namely, (in alphabetical order): BELGIUM, BULGARIA, CANADA, CZECH REPUBLIC, DENMARK, ESTONIA, FRANCE, GERMANY, GREECE, HUNGARY, ICELAND, ITALY, LATVIA, LITHUANIA, LUXEMBOURG, THE NETHERLANDS, NORWAY, POLAND, PORTUGAL, ROMANIA, SLOVAKIA, SLOVENIA, SPAIN, TURKEY, THE UNITED KINGDOM and THE UNITED STATES.

1.2.5. “Work Packages”: in the Contract Schedule of Supplies and Services is the division of the total Contract work effort into a grouping of



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tasks/products that the Contractor shall deliver and/or perform as a bundle under the terms of this contract.

1.2.6. “Technical Solution”: the Contractor's specification for the capabilities to be provided.

1.2.7. “Service”: A non material equivalent of a good that is part of the activity performed under a contract.

1.2.8. “Software (Computer Software)”:

1.2.8.1. Computer programs that comprise a series of instructions, rules, routines or statements, regardless of the media in which recorded, that allow or cause a computer to perform a specific operation or series of operations; and

1.2.8.2. Recorded information comprising source code listings, design details, algorithms, processes, flow charts, formulas and related material that would enable the computer program to be produced, created or compiled.

1.2.8.3. Does not included computer databases or computer software documentation.

2. ORDER OF PRECEDENCE

2.1. This Clause supersedes Clause 1 of the NC3O General Contract Provisions.

2.2. If there is any conflict between the clauses and the schedules and/or any annexes to the schedules and/or any other documents referred to in this Contract, the conflict shall be resolved in accordance with the following order of precedence:

2.2.1. The Signature Page

2.2.2. Any Engineering Change Proposal (ECP) formally approved by the Purchaser in accordance with the prescriptions of Clause 30 of this Contract Special Provisions.

2.2.3. Part I (Contract Schedule of Supplies and Services)

2.2.4. Part II (Special Contract Provisions) and Annexes



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2.2.5. Part III (NC3O General Contract Provisions) and Annexes

2.2.6. Project Management and Engineering documentation as listed and approved in accordance with Clause 31

2.2.7. Statement of Work

2.2.8. Contractor’s proposed System Requirements Specification document submitted in response to IFB-CO-13345-AMN12 or any revised version thereof formally approved and authorized by the Purchaser’s in accordance with the terms provided at Clause 31

2.2.9. The Purchaser’s provided clarifications, issued throughout the bidding period relevant to IFB-CO-13345-AMN12

2.2.10. The Contractor’s proposal (Technical Proposal and Price Quotation) in response to IFB-CO-13345-AMN12ICB12 dated ________and any clarifications thereto, incorporated herein by reference.

3. DISPOSITION OF NC3O GENERAL CONTRACT PROVISIONS

3.1. The NC3O General Contract Provisions at Part III are affected by these Special Contract Provisions as indicated below:

3.1.1. Clause 1 – Interpretation, Definitions and Acronyms supplements Clause 2 of the NC3O General Provisions;

3.1.2. Clause 2 – Order of Precedence supersedes Clause 1 of the NC3O General Contract Provisions;

3.1.3. Clause 5 – Contract type supersedes Clause 7 of the NC3O General Contract Provisions;

3.1.4. Clause 6 – Invoices and Payment Terms supplements Clause 25 of the NC3O General Contract Provisions;

3.1.5. Clause 7 - Pricing of Changes, Amendments and Claims supplements Clause 19 of the NC3O General Contract Provisions;

3.1.6. Clause 10 – Acceptance Procedures supplements Clauses 21 and 22 of the NC3O General Contract Provisions;



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3.1.7. Clause 11 – Risk of Loss or Damage supplements Clause 24 of the NC3O General Contract Provisions;

3.1.8. Clause 16 – Liquidated Damages supplements Clause 37 of the NC3O General Contract Provisions;

3.1.9. Clause 20 – Background IPR supplements Clause 30 of the NC3O General Contract Provisions;

3.1.10. Clause 24- Purchaser Furnished Property and Services supplements Clause 13 of the NC3O General Contract Provisions;

3.1.11. Clause 25 – Warranty Period supplements Clause 27 of the NC3O General Contract Provisions;

3.1.12. Clause 26 – Performance Guarantee supplements Clause 8 of the NC3O General Contract Provisions;

3.1.13. Clause 28 – Security supplements Clause 11 of the NC3O General Contract Provisions.

4. SCOPE OF WORK

4.1. This Contract covers all performance and Deliverables necessary to design and implement a series of capabilities constituting the Afghanistan Mission Network (AMN) 2012. The services provided by the system are required to provide the NATO community with an integrated, robust and flexible capability supporting NATO’s requirements.

5. CONTRACT TYPE

5.1. This Clause supersedes Clause 7 of the NC3O General Contract Provisions.

5.2. This is a Firm Fixed Price contract.

5.3. The Firm Fixed Price of this Contract is stated in the Signature Page and any revision to such a price will be implemented via Contract Amendment. Any revised price will be indicated in the Contract Amendment(s) operating such change.



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5.4. The Purchaser assumes no liability for costs incurred by the Contractor in excess of the stated Firm Fixed Price.

6. INVOICES AND PAYMENT TERMS

6.1. Payments will be made to the Contractor on achievement/delivery and acceptance, in writing, by the Purchaser of the progress milestones defined at ANNEX G of this Contract Special Provisions.

6.2. Payments defined at ANNEX G of this Contract Special Provisions are subject to the Purchaser’s Acceptance in writing of all deliverables due to the date or progress milestone specified for the payment.

6.3. The Contractor shall not submit more than one invoice per month.

6.4. In the case in Options are exercised, payments shall be made in accordance with the stipulations of the relevant amendment providing for the exercise of such Options.

6.5. The Purchaser shall not be liable for any amount resulting from the performance of services or the delivery of equipment outside the scope of this contract.



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7. PRICING OF CHANGES, AMENDMENTS AND CLAIMS

7.1. Clause 19 of the NC3O General Contract Provisions is hereby supplemented as follows:

7.1.1. Contractor’s pricing proposals for Changes, Amendments and Claims shall be priced in accordance with the prices established in the Contract Schedule of Supplies and Services including those provided for labor profiles in the Price Summary Breakdown Sheet.

7.1.2. If new labour categories, not previously specified in the Schedule of Supplies and Services are deemed necessary by the Purchaser during the course of this Contract; the prices for the new labour categories shall be within the range of 10% of rates listed for comparable labour services and skill in the Contract Schedules of Supplies and Services.

8. PURCHASE OPTIONS

8.1. CLINS identified as Options in the Contract Schedule of Supplies and Services represent services or supplies the performance of which is subject to unilateral determination by the Purchaser. The Purchaser anticipates both projected and incidental needs of these supplies and services but cannot provide the exact details on the dates, specific deliverables, and quantities to satisfy those needs.

8.2. The quoted unit prices are firm fixed prices throughout the duration of the contract and are independent of the actual quantity of units/options exercised. The Purchaser is not obliged to exercise any option or quantity.

8.3. The Contractor will be notified by the Purchaser Contracting Authority in writing as to what options will be exercised and in what combination. This notification will be made by written amendment to the Contract.

8.4. CLINs 6.01.01 through 6.07.03 may be exercised at the stated price from the Effective Date of Contract (EDC) plus 12 months. All other optional CLIN(s) may be exercised at the stated price within the period from the Effective Date of Contract (EDC) to the PSA+5 years, after which the option(s) will be deemed to have expired.

8.5. If an option is exercised, the Contractor will have a minimum period of twenty (20) days between notification and the required Performance Start Date. Such period may be shorter if mutually agreed by the parties.



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8.6. The Contractor will be notified by the Purchase Contracting Authority in writing as to what options will be exercised and in what combination. This notification will be made by written amendment to the Contract.

9. SCHEDULE OF SITE INSTALLATIONS

9.1. The sequential order of any performance to be rendered at any NATO sites may be changed by the Purchaser on the basis of sites availability at no cost for the Purchaser provided that the notification of change is provided to the contractor 20 days prior to the scheduled date of site activity as illustrated in the most current Purchaser Approved Project Master Schedule.

10. ACCEPTANCE PROCEDURES

10.1. Acceptance is the action by which the Purchaser formally acknowledges that the Contractor has fully demonstrated that Contract Deliverables are complete or have been performed according to the requirements set in the contract.

10.2. Acceptance procedures are described in Sections 3 and 4 of the SOW and Clauses 21 and 22 of the NC3O General Contract Provisions.

10.3. Further, clauses 21 and 22 of the NC3O General Contract Provisions are hereby supplemented as follows:

10.3.1. In accordance with the implementation procedures stated in the SOW, any hardware, software, documentation, or any other Deliverables provided as part of a site installation except as further to the processes described in the Statement of Work.

10.3.2. Where a delivered or performed Contract Line Item (CLIN) fails to meet all Contract requirements but such a failure is not material or fundamental, the Purchaser may, at its sole discretion, declare the Acceptance provisional. In this case, the Purchaser will make an assessment of the nature of the deficiencies and may pay the Contractor an amount commensurate with the importance of the stated deficiencies. This amount shall be between 50 % and 90 % of the total price of the CLIN that covers the deficient services or deliverables and will be deducted from the payment during the next due progress milestone specified in ANNEX G of this Contract Special Provisions. Full payment will not be made until all deficiencies have been cleared; at that time the Acceptance shall become final.



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11. RISK OF LOSS OR DAMAGE

11.1. Clause 24 of the NC3O General Contract Provisions is hereby supplemented as follows:

11.1.1. Risk of loss or damage to Deliverables covered by this Contract shall remain with the Contractor until, and shall pass to the Purchaser upon Acceptance by the Purchaser or receipt of the supplies by the Purchaser at the destination specified in the Contract, whichever is the later.

11.1.2. Notwithstanding paragraph 11.1.1 above, the risk of loss or damage to supplies which fail to conform to the requirements of the Contract shall remain with the Contractor until cure and Acceptance, at which time 11.1.1 above shall apply.

11.1.3. Notwithstanding paragraph 11.1.1 above the Contractor shall not be liable for the loss of or damage to supplies caused by the negligence of officers, agents or employees of the Purchaser acting within the scope of their employment.

12. COTS PRODUCTS REPLACEMENT

12.1. If any COTS products specified in the Contract are upgraded or discontinued by their original providers for commercial or technological reasons, the Contractor shall propose their substitution by the new versions that are intended as market replacement of the original products. The proposed items shall provide at equivalent or enhanced performance without a price or life-cycle support cost increase.

12.2. The Contractor shall provide price and performance data to support an improvement in performance and/or a reduction in price and/or life-cycle support costs. If necessary for evaluation by the Purchaser, the Contractor shall provide a demonstration of the proposed items. Should the Purchaser decide that the proposed item(s) should be included in the contract, an equitable price adjustment will be negotiated and the proposed item(s) shall be added to the Contract by bilateral modification under the authority of this Clause.

13. LOCAL STANDARDISATION

13.1. For reasons of efficiency, some Purchaser sites have standardised some or their entire computer baseline on a specific suite of hardware from one or more particular vendors. As the process of site standardisation will continue as the



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prospective Contract is being executed, the Purchaser reserves the right to require the Contractor to substitute, for one or more system components, an equivalent item compatible with a site-specified standard.

13.2. The requirement for local standardisation shall be addressed during site surveys and shall be reflected by the Contractor in the corresponding site survey report as specified in the SOW.

13.3. Pricing proposed for the substituted equipment shall be fair and reasonable and consistent with the market prices reserved for large buyers and/or Governmental Institutions.

13.4. In the event the Purchaser chooses to exercise this right, the required substitutions will be negotiated through a bilateral Contract amendment issued under the authority of the NC3O General Provision “Changes” Clause.

14. CONTRACT ADMINISTRATION

14.1. The Purchaser reserves the right to re-assign this Contract to a representative(s) for administrative purposes, in whole or in part, provided that the Purchaser shall always be responsible for his obligations under the Contract and for actions or lack of actions of its assigned administrator. The Purchaser undertakes to advise the Contractor in writing whenever this right is to be exercised.

14.2. The Contractor shall accept Contract modifications only in writing from NC3A Contracting Authority.

14.3. All notices and communications between the Contractor and the Purchaser shall be written in English and may be personally delivered, mailed, telegraphed, cabled or faxed at the following address:

Contractor: [insert address] Attn: Tel: Fax: e-mail:

NC3A: Boulevard Leopold III



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1110 Brussels, Belgium Acquisition Support Group Attn: Mr. Giacomo Piliego

(Senior Contracting Officer) Tel: +32.2.707.81.73 Fax: +32.2.707.87.70 e-mail: [email protected]

or to such address as the Purchaser may from time to time designate in writing.

15. TECHNICAL DIRECTION

15.1. For its direct official control and coordination requirements, the Purchaser designates the Project Manager specified below as the staff element that has the authority to coordinate, monitor, and control Contractor’s performance under this contract:

NATO C3 Agency Boulevard Léopold III 1110 Brussels, Belgium Attn: Mr./Ms. Rudy Marty AMN 2012 Project Manager Fax: +32.2.707.87.70 E-mail: [email protected]

15.2. The Purchaser may designate other staff elements as technical focal points for the execution of specific tasks.

15.3. Notwithstanding the prescriptions of this Clause, the Technical Direction referred herein does not imply authority to change the financial or technical scope of the contract.

16. LIQUIDATED DAMAGES

16.1. Clause 37.2 of the NC3O General Contract Provisions is substituted with following clause:

The actual damage to the Purchaser for the delay will be difficult or impossible to determine. Therefore, in lieu of actual damages the Contractor shall pay to the Purchaser, for each day of delinquency in achieving the deadline or milestone, fixed and agreed liquidated damages of 0.2% (zero point two per cent) per day of the associated payment set forth in the Schedule of Payments provided in the Special Contract Provisions, but never less than an accumulated





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total of EUR 1,000 (One Thousand Euro). If no Schedule of Payments is specifically set forth in the Special Contract Provisions, the liquidated damages will be assessed against the price of the applicable contract line item (CLIN) of the Schedule of Supplies, Services and Prices.

16.2. Clause 37.5of the NC3O General Contract Provisions is substituted with following clause:

Liquidated damages shall be payable to the Purchaser from the first day of delinquency and shall accrue at the rate specified in paragraph 16.1 to 20% of the value of each specified milestone payment individually with a minimum aggregated sum of all delinquent items of 25,000 EUR (Twenty Five Thousand Euro) and a maximum aggregated sum of 20% of the value of the total Contract. These liquidated damages shall accrue automatically and without any further notice being required.

16.3. Clause 37 of the NC3O General Contract Provisions is supplemented as follows:

16.3.1. The amount of Liquidated Damages due by the Contractor shall be recovered by the Purchaser in the following order of priority:

16.3.1.1. By deducting such damages from the amounts due to the Contractor against the Contractor's invoices.

16.3.1.2. By drawing from the performance guarantee.

16.3.1.3. By reclaiming such damages through appropriate legal remedies.

17. CONTRACTOR’S EMPLOYEES

17.1. The Contractor shall provide and pay, as required, qualified personnel as needed for the proper performance of the services required under this Contract; it shall strictly comply with all Host Nation Labour Laws, tariffs and social security and other regulations applicable to the employment of its personnel.

17.2. The Purchaser shall not be responsible for securing work permits, lodging, leases nor tax declarations, driving permits, etc., with national or local authorities. Contractor’s employees, agents, or representatives are not eligible for any diplomatic privileges nor NATO employee benefits.



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17.3. The Contractor shall inform his employees, agents, and representatives under this Contract of the terms of the Contract and the conditions of the working environment.

18. KEY PERSONNEL

18.1. Contractor’s employees or agents specifically identified in ANNEX C shall be considered as key personnel for the performance of the contract. Without prejudice to other applicable stipulations of the contract, key personnel shall be subject to the terms and conditions specified below.

18.2. A key personnel assigned to this Contract shall remain working on the Contract for as long as required by the terms of the present Contract unless the Purchaser agrees to a replacement who is equal or better qualified. Such a replacement will be in accordance with article 18.5 and is without extra cost to the Purchaser.

18.3. The Contractor shall guarantee that suitable backup personnel will be available to promptly remedy situations of key personnel non-availability that may endanger the performance of services or deliverables set in the contract.

18.4. The Purchaser reserves the right to reject a Contractor’s staff member after prior acceptance if the Purchaser determines during Contract performance that the individual is not providing the required level of support. The Purchaser will inform the Contractor in writing in case such a decision is taken, and the Contractor shall propose a replacement within fifteen (15) days after the Purchaser’s written notification.

18.5. The Purchaser shall approve any replacement or additional key personnel according to the following procedure:

18.5.1. The Contractor shall provide the name(s) and qualifications statement(s) of a nominee(s) for review by the Purchaser a least 20 days before the intended date of replacement or the date when the nominee(s) is/are required to start work under the contract. If the Purchaser accepts the nominations, this acceptance will be notified in writing to the Contractor, who will be authorized to assign the nominated personnel to the Contract on the date(s) established in the stated notification.

18.5.2. If the Purchaser considers a nominee or nominees to be inappropriate for the required services, the Contractor will be so notified and shall have not more than ten (10) days to submit alternate nominees.



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18.6. If the Contractor fails to provide in due time a compliant candidate, the Purchaser may terminate this Contract in whole or in part as provided in the first paragraph of the clause 38 entitled “TERMINATION FOR DEFAULT” of the NC3O General Contract Provisions, and in that event the Contractor shall be liable, in addition to the excess costs provided in second paragraph of the “TERMINATION FOR DEFAULT” clause, for such liquidated damages accruing until such time as the Purchaser may reasonably obtain delivery or performance of similar services.

18.7. The delay stated above shall be counted from the day the Purchaser notifies the Contractor, in accordance with paragraph 18.5.2 above, that the alternate nominees are considered to be non-compliant or inappropriate for the required services according to the requirements of the Contract.

19. INDEPENDENT CONTRACTOR

19.1. The Contractor’s status shall be that of an independent Contractor and it is expressly understood that neither the Contractor (and its personnel) nor Sub-contractors shall be considered in any respect as being employees, servants or agents of the Purchaser.

20. BACKGROUND IPR

20.1. The Contractor intends to use the Background IPR stated in ANNEX D and ANNEX E hereto for the purpose of carrying out work pursuant to this Contract.

20.2. The Contractor warrants, undertakes, and represents that any derivative products that may be created under this Contract from the stated Background IPR shall be considered as Foreground IPR and, therefore, shall be governed by the terms and conditions specified in Clause 30.3 of the NC3O General Contract Provisions.

20.3. The Purchaser may consider open source solutions alongside proprietary ones in developments provided that such solutions are fully compliant with the requirements of this Contract and, particularly, Clauses 9 (PARTICIPATING Countries) and 30 (INTELLECTUAL PROPERTY) of the Contract General Provisions. Contractor shall disclose in advance the open source licence associated with the contemplated open source solution. The Purchaser reserves the right to refuse the incorporation of open source solutions that are deemed inadequate for incorporation in a NATO application (e.g., post-back obligations).



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21. PERMISSIBLE SCOPE OF USE FOR SOFTWARE LISTED AS BACKGROUND IPR

21.1. Unless otherwise stated in this Contract, software provided by the Contractor as part of the performance under the Contract and included in the Contract as Background IPR (ANNEX D and ANNEX E), shall be subject to a non-exclusive, royalty-free and irrevocable licence throughout NATO, NATO operations (including out of area operations), and its member nations to use and authorise others to use on the Purchaser's behalf any such software for the purpose of exploiting or otherwise using the capabilities being delivered under this Contract for any defence purpose.

21.2. Unless specifically applicable to COTS products stated in ANNEX D, any use of Contractor and Subcontractor background IPR is not limited to the number of users nor the number of licenses required by the Contract for the use of the systems being delivered under this Contract. Except for COTS products stated in ANNEX D, the Purchaser reserves the rights to increase the number of users and number of licenses at no additional cost to the Purchaser.

22. CONFIDENTIALITY AND NON-DISCLOSURE

22.1. For purposes of this clause, "Confidential Information" shall include all information pertaining to any part of this Contract or any program related to this Contract that is not marked “Non-Confidential”.

22.2. Confidential Information does not include information that is: (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Contractor; (b) discovered or created by the Contractor before disclosure by the Purchaser; (c) learned by the Contractor through legitimate means other than from the Purchaser or its representatives; or (d) is disclosed by the Contractor with the Purchaser's prior written approval.

22.3. Without prejudice to other obligations imposed by NATO Security regulations, the Contractor shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of the Purchaser. The Contractor shall carefully restrict access to Confidential Information to employees, sub-contractors and third parties as is reasonably required and shall require those persons to sign nondisclosure restrictions at least as protective as those in this contract. The Contractor shall not, without prior written approval of the Purchaser, use for the Contractor's own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of the Purchaser, any Confidential Information. The Contractor shall return to the Purchaser any and all records, notes, and other written, printed, or tangible



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materials in its possession pertaining to Confidential Information immediately if the Purchaser requests it in writing.

22.4. The provisions of this clause and the associated Contractor’s duties shall survive the termination of this Contract and remain in effect until the Purchaser sends the Contractor written notice releasing the Contractor from the obligations imposed by this clause, or for a further period of three (3) years after Contract close-out, whichever occurs first, and without prejudice to other obligations imposed by applicable NATO Security regulations.

22.5. The contractor shall include the substance of the language of this clause in any subcontract/Contract issued for the purpose of the fulfilment of the obligations contracted under this Contract regardless of the legal nature of the entity subscribing such subcontract. Additionally, Contractor’s key personnel mentioned in clause 18 (KEY PERSONNEL) above shall be required to sign the Non-Disclosure Certificate at ANNEX B.

22.6. The Contractor agrees that compliance with the obligations imposed by the terms of this clause is of the essence and that failure to abide to these terms shall constitute sufficient grounds for the termination of the Contract for default.

23. CONFLICT OF INTEREST

23.1. A conflict of interest means that because of other activities or relationships with other persons or entities, a Contractor is unable, or potentially unable to render impartial assistance or advice to the Purchaser, or the Contractor’s objectivity in performing the Contract work is, or might be otherwise impaired, or the Contractor has an unfair competitive advantage. Conflict of interest includes situations where the capacity of a Contractor (including the Contractor’s executives, directors, consultants, subsidiaries, parent companies or subcontractors) to give impartial, technically sound advice or objective performance is or may be impaired or may otherwise result in a biased work product or performance because of any past, present or planned interest, financial or otherwise in organizations whose interest may substantially affected or be substantially affected by the Contractor’s performance under the Contract.

23.2. The Contractor is responsible for maintaining and providing up-to-date conflict of interest information to the Contracting Officer. If, after award of this Contract or task order herein, the Contractor discovers a conflict of interest with respect to this Contract which could not reasonably have been known prior to award, or if any additional conflicts or potential conflicts arise after award, the Contractor shall give written notice to the Contracting Officer as set forth below.



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23.3. If, after award of this Contract herein, the Purchaser discovers a conflict of interest with respect to this Contract or task order, which has not been disclosed by the Contractor, the Purchaser may at its sole discretion request additional information to the Contractor, impose mitigation measures or terminate the Contract for default in accordance with Clause 38 (TERMINATION FOR DEFAULT).

23.4. The Contractor's notice called for in paragraph 23.2 above shall describe the actual, apparent, or potential conflict of interest, the action(s) the Contractor has taken or proposes to take to avoid or mitigate any conflict, and shall set forth any other information which the Contractor believes would be helpful to the Contracting Officer in analyzing the situation. Any changes to the contractor’s Conflict of Interest Mitigation Plan, if any is incorporated in the contract, should be also detailed.

23.5. The Contractor has the responsibility of formulating and forwarding a proposed mitigation plan to the Contracting Officer, for review and consideration. This responsibility arises when the Contractor first learns of an actual, apparent, or potential conflict of interest.

23.6. If the Contracting Officer in his/her discretion determines that the Contractor's actual, apparent, or potential conflict of interest remains, or the measures proposed are insufficient to avoid or mitigate the conflict, the Contracting Officer will direct a course of action to the Contractor designed to avoid, neutralize, or mitigate the conflict of interest. If the parties fail to reach agreement on a course of action, or if having reached such agreement the Contractor fails to strictly adhere to such agreement during the remaining period of Contract performance, the Contracting Officer has the discretion to terminate the Contract for default or alternatively refrain from exercising any further Option or Work Package under the contract.

23.7. The Contractor's misrepresentation of facts in connection with a conflict of interest reported or a Contractor’s failure to disclose a conflict of interest as required shall be a basis for default termination of this contract.

24. PURCHASER FURNISHED PROPERTY AND SERVICES

24.1. The Purchaser shall provide the Contractor with the following property and services for the performance of the contract:

24.1.1. Office space and general use office tools.

24.1.2. Material, software, documentation and support as specified in the SOW Annex 1.



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24.1.3. Power supply and grounding system required for installation work

24.1.4. HVAC (heating, ventilating, and air conditioning)

24.1.5. Civil work in terms of technical room preparation (technological floor, room access, walls, space etc.)

24.1.6. Access to sample existing databases and other data export formats to support the development of representative data for purposes of development, testing, and training.

24.1.7. Security settings for servers, workstations, and wide area network connections.

24.1.8. The facilities, operational links, and interfaces required for installation tests, System Activation tests, and Operational Tests.

24.1.9. Configuration control for Purchaser-provided prototype software baseline.

24.1.10. Purchaser reserves the right to determine that COTS products will be provided, in whole or in part, as Purchaser Furnished Property and Services. Specifically Microsoft Licenses may be provided by the Purchaser. In such a case the Contract price shall be decrease of the amounts associated with these licenses costs by operation of Clause “Changes” of the NC3O General Provisions.

25. WARRANTY PERIOD (OTHER THAN SOFTWARE)

25.1. The Warranty Period for any hardware deliverables under this Contract shall be the longer of: (a) the specific warranty periods established in the SOW for individual deliverables; (b) the applicable original equipment manufacturer's warranty; or (c) two years for Hardware items. The Warranty Period in all cases shall start from the time of NC3A Final System Acceptance (FSA) declared in writing by the Purchaser’s Contracting Authority.

25.2. Throughout the Warranty Period the Contractor shall restore to its original working conditions any:

25.2.1. Defects in the Deliverables;



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25.2.2. Breach of warranties specified in Clause 27 of the NC3O General Contract Provisions; and

25.2.3. Breach of any other express or implied warranties that may be applicable;

arising out of or in connection with the Contractor's failure to perform its obligations under this Contract (herein after collectively referred to as "Warranty Period Incidents") in accordance with this Clause 25, and Clause 27 of the NC3O General Contract Provisions.

25.3. The Contractor shall correct all Warranty Period Incidents arising during the Warranty Period without any cost to the Purchaser.

25.4. If the Contractor fails to correct any Warranty Period Incidents within the timeframe specified in Clause 27 of the NC3O General Contract Provisions or Section 5 of the SOW for the type of incident concerned, or if no specific timeframe has been established in the referred Clause or in the SOW for the type of incident concerned, within 30 working days of notification, the Purchaser may on 10 working days written notice:

25.4.1. correct the Warranty Period Incident or employ a third party to correct it; and

25.4.2. deduct from the prices to be paid, draw from the performance guarantee, or recover as a debt due from the Contractor, all reasonable costs in so doing.

25.5. The Contractor shall deploy all such additional resources as are reasonably required to remedy any Warranty Period Incident as efficiently and quickly as possible.

25.6. If replacement parts are fitted by the Contractor as part of the warranty the parts removed shall become the Contractor's property unless required by the Purchaser at the Purchaser's discretion. Notwithstanding that, faulty hard disks removed from NATO SECRET equipment shall not be returned to the Contractor but destroyed by the NATO site personnel in accordance with applicable NATO security regulations.

25.7. Notwithstanding Clause 27.6 of the NC3O General Contract Provisions, if prior agreed upon by the Purchaser, the Contractor has the possibility to repair the Failed component instead of providing a new replacement.



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26. SOFTWARE WARRANTY

26.1. Notwithstanding inspection and acceptance by the Purchaser of Software furnished under this contract, and notwithstanding any provision of this contract concerning the conclusiveness of acceptance, the Contractor warrants that all software delivered under this contract will at the time of delivery conform with the specifications and all other requirements of this contract.

26.2. The Warranty period shall extend for one year after NC3A Final System Acceptance (FSA) for all elements of software provided (SOW Work Packages 2 through 6) declared in writing by the Purchaser’s Contracting Authority.

26.3. The Contractor agrees to notify the Purchaser in writing immediately of malfunction, bug or any other software behavior which is not in accordance with its specifications and that the Contractor discovers within the warranty period. Contractor will, without additional charge to the Purchaser, make such modifications to the software as may be necessary to correct any defects reported to Contractor by the Purchaser within this one (1) year after NC3A FSA date.

26.4. The following remedies shall apply to all breaches of the warranty, whether the Contractor notifies the Purchaser in accordance with the paragraph 26.3 above or if the Purchaser notifies the Contractor of the breach in writing within the warranty period:

26.4.1. Within four weeks after such notification, the Purchaser may:

26.4.1.1. By written notice, direct the Contractor to correct or replace at the Contractor’s expense the nonconforming software promptly from some other source; or

26.4.1.2. If the Purchaser determines that there is no longer a requirement for correction or replacement of the software, inform the Contractor by written notice that the Purchaser elects a price adjustment instead of correction or replacement.

26.4.2. If the Contractor refuses or fails to comply with a direction under paragraph 26.4.1 above, the Purchaser may, within four weeks of the refusal or failure:

26.4.2.1. By contract or otherwise, correct or replace the nonconforming software and charge the cost to the Contractor; or

26.4.2.2. Elect a price adjustment instead of correction or replacement.



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26.4.3. The provisions of this clause apply anew to that portion of any corrected or replaced software furnished by the Contractor and accepted in writing by the Purchaser.

27. PERFORMANCE GUARANTEE


27.1.1. As a guarantee of performance under the Contract, the Contractor shall deposit with the Purchaser within thirty (30) calendar days from the Effective Date of Contract a bank guarantee (hereinafter referred to as“Performance Guarantee”) denominated in Euros for a value of ten per cent (10%) of the total Contract price.


27.2.1. The standby letter of credit shall be subject to Belgian Law and financial practices and shall be issued by a Belgian bank or by an insurance company licensed to do business in Belgium and belonging to a Belgian banking institution provided the banking institution guarantees explicitly the demand for payment, unless otherwise specified by the Purchaser.


27.4. If the Contractor elects to post the Performance Guarantee by Standby Letter of Credit, the form of the document shall be substantially as follows:

PERFORMANCE GUARANTEE STANDBY LETTER OF CREDIT

Standby Letter of Credit Number: Issue Date: ________________ Initial Expiry Date: _________________ Final Expiry Date: _________________ Beneficiary: NATO C3 Agency, Financial Management Office Boulevard Leopold III, B-1110, Brussels Belgium



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1. We hereby establish in your favour our irrevocable standby letter of credit number {number} by order and for the account of (NAME AND ADDRESS OF CONTRACTOR) in the amount of _______________________________________. We are advised this undertaking represents fulfilment by (NAME OF CONTRACTOR) of certain performance requirements under Contract No. ______________________ dated ____________________ between the NATO C3 Agency (“NC3A”) and (NAME OF CONTRACTOR).

2. We hereby engage with you that drafts drawn under and in compliance with the

terms of this letter of credit will be duly honoured upon presentation of documents to us on or before the expiration date of this letter of credit.

3. Funds under this letter of credit are available to you without question or delay

against presentation of a certificate signed by the NATO C3 Agency Contracting Officer which states:

“(NAME OF CONTRACTOR) has not fulfilled its obligations under Contract No. __________ dated _________ between NATO C3 Agency and (NAME OF CONTRACTOR) (herein called the “Contract”), and the NATO C3 Agency, as beneficiary, hereby draws on the standby letter of credit number ________ in the amount denominated in Euros or the native currency of the Contractor’s country of origin (Amount up to the maximum available under the LOC), such funds to be transferred to the account of the Beneficiary number ___________________(to be identified when certificate is presented).”

Such certificate shall be accompanied by the original of this letter of credit.

4. This Letter of Credit is effective the date hereof and shall expire at our office

located at (Bank Address) on _________________. All demands for payment must be made prior to the expiry date.

5. It is a condition of this letter of credit that the expiry date will be automatically

extended without amendment for a period of one (1) year from the current or any successive expiry date unless at least 90 (ninety) calendar days prior to the then current expiry date we notify you by registered mail and notify (NAME OF CONTRACTOR) that we elect not to extend this letter of credit for such additional period. However, under no circumstances will the expiry date extend beyond ______________________ (“Final Expiry Date”) without amendment.

6. We may terminate this letter of credit at any time upon 90 (ninety) calendar

days notice furnished to both (NAME OF CONTRACTOR) and the NATO C3 Agency by registered mail.

7. In the event we (the issuing bank) notify you that we elect not to extend the

expiry date in accordance with paragraph 6 above, or, at any time, to terminate



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the letter of credit, funds under this credit will be available to you without question or delay against presentation of a certificate signed by the NATO C3 Agency Contracting Officer which states:

“The NATO C3 Agency has been notified by {issuing bank} of its election not to automatically extend the expiry date of letter of credit number {number} dated {date} pursuant to the automatic renewal clause (or to terminate the letter of credit). As of the date of this certificate, no suitable replacement letter of credit, or equivalent financial guarantee has been received by the NATO C3 Agency from, or on behalf of (NAME OF CONTRACTOR). (NAME OF CONTRACTOR) has, therefore, not fulfilled its obligations under Contract No. _______________ dated _____________ between NATO C3 Agency and (NAME OF CONTRACTOR), and the NATO C3 Agency, as beneficiary, hereby draws on the standby letter of credit number ________ in the amount of €(Amount up to the maximum available under the LOC), such funds to be transferred to the account of the Beneficiary number ___________________ (to be identified when certificate is presented).”

Such certificate shall be accompanied by the original of this letter of credit and a copy of the letter from the issuing bank that it elects not to automatically extend the standby letter of credit, or terminating the letter of credit.

8. The Beneficiary may not present the certificate described in paragraph 7 above

until 20 (twenty) calendar days prior to a) the date of expiration of the letter of credit should {issuing bank} elect not to automatically extend the expiration date of the letter of credit, b) the date of termination of the letter of credit if {issuing bank} notifies the Beneficiary that the letter of credit is to be terminated in accordance with paragraph 6 above.

9. Multiple partial drawings are allowed to the maximum value of the standby

letter of credit. 10. This letter of credit sets forth in full the terms of our undertaking, and this

undertaking shall not in any way be modified, amended, or amplified by reference to any document, instrument, or agreement referred to herein (except the International Standby Practices (ISP 98) hereinafter defined) or in which this letter of credit is referred to or to which this letter of credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement.

11. This Letter of Credit is subject to The International Standby Practices-ISP98

(1998 Publication) International Chamber of Commerce Publication No.590.



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27.5. Clause 8 of the NC3O General Contract Provisions is supplemented by this clause.

27.6. The Purchaser may allow reductions in the amount of the Performance Guarantee in accordance with the Purchaser’s cost estimate of the work remaining to be completed under the Contract. In order to benefit from such reductions, the Contractor must provide the Purchaser with an updated copy of the Project Master Schedule for completion of the remaining work, and detailed cost breakdowns, prepared in accordance with the pricing principles and standards established in the Contract, which indicate the percentage of work completed for each Contract line item. These requests for reduction shall be submitted in writing to the point of contact established in paragraph 14.3 above.

27.7. The reductions specified in paragraph 27.6 above shall be treated as a concession to the Contractor and, therefore, shall be supported by sufficient consideration. Further, the decision to accept or reject an application for reduction of Performance Guarantee shall be a unilateral decision made solely at the discretion of the Purchaser.

28. SECURITY

28.1. Contractor’s personnel working at the Purchaser’s facilities shall possess a valid “NATO SECRET” Security Clearance so as to be able to have unescorted access to classified security areas where work will be performed. Also, the Contractor must fulfil the reporting requirements set in Section 3 of the SOW regarding the submission of personal details security clearance data of Contractor’s personnel.

28.2. Without prejudice to other Purchaser’s rights, failure to comply with the requirements stated in 28.1 above shall constitute grounds for Contract termination under the clause 38 “TERMINATION FOR DEFAULT” of the NC3O General Contract Provisions and entitle the Purchaser to collect liquidated damages in case of delay as specified in Clause 16 above and Clause 8 of the NC3O General Contract Provisions.

28.3. Notwithstanding paragraph 28.2 above, if the Contractor fails to comply with the requirement stated in paragraph 28.1 of this clause, the Purchaser may opt for providing escorts to allow Contractor’s personnel to perform work in a classified area without being in possession of the prerequisite security clearance. In such cases, the Contractor agrees that the Purchaser shall be entitled to collect an amount equivalent to € 800 per escort assigned to supervise Contractor’s personnel and per day of escorting. This compensation shall be collected through the same mechanisms established in Clause 16 above for the case of liquidated damages.



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28.4. Contractor’s staff members shall hold a valid passport and are required to maintain its validity for the duration of the contract.

28.5. The Contractor shall note that there are restrictions regarding the carriage and use of electronic devices (e.g. laptops) in NATO designated Security Areas. The Contractor shall be responsible for satisfying and obtaining from the appropriate NC3A Authorities the necessary clearance to introduce and utilize any such equipment into the facility.

29. SUPPLEMENTAL AGREEMENTS

29.1. The Contractor has submitted all relevant draft supplemental agreement(s), documents and permissions prior to Contract award, the execution of which by the Purchaser is/are required by National Law or regulation. If any supplemental agreements, documents and permissions are introduced after Contract award, and it is determined that the Contractor failed to disclose the requirement for the execution of such agreement from the Purchaser prior to Contract signature, the Purchaser may terminate this Contract for Default, in accordance with the clause 38 “TERMINATION FOR DEFAULT” of the NC3O General Contract Provisions.

29.2. Supplemental agreement(s), documents and permissions, the execution of which by the Purchaser is/are required by National Law or regulation and that have been identified by the Contractor prior to the signature of this contract, but have not yet been finalised and issued by the appropriate governmental authority, are subject to review by the Purchaser. If such supplemental agreement(s), documents and permissions are contrary to cardinal conditions of the signed Contract between the Parties, and the Parties and the appropriate governmental authority cannot reach a mutual satisfactory resolution of the contradictions, the Purchaser reserves the right to terminate this Contract and the Parties agree that in such case the Parties mutually release each other from claim for damages and costs of any kind, and any payments received by the Contractor from the Purchaser will be refunded to the Purchaser by the Contractor.

30. ENGINEERING CHANGE PROPOSALS (ECP)

30.1. Engineering Change Proposals (ECP) as defined in this Clause are proposals for changes relevant to tasks, deliverables, technical requirements, processes, schedules or any other term of the contract which are submitted in written form by the Contractor upon request from the Purchaser or independently when such changes are necessary in light of varied facts or circumstances which prevent the execution of the contract in its form.



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30.2. Any Engineering Change Proposal (ECP) submitted by the Contractor to the Purchaser in a format compatible with any Contractor’s internal change management methodology standards or forms, shall, in any case contain as a minimum the following elements:

30.2.1. The signature pages following the template provided in ANNEX I and providing all the information required in this template.

30.2.2. A sequential number of ECP identification

30.2.3. Rationale for the changes being proposed

30.2.4. Illustration of any relevant impact to the performance being rendered including but not limited to those relevant to schedules, technical solutions, requirements and delivery time.

30.2.5. List of contract documents affected by the changes being proposed.

30.2.6. Revised copy of the contract documents in native electronic format edited to incorporate the changes being proposed in a way that changes are immediately identifiable.

30.2.7. Total Firm Fixed Price of the ECP and illustration of cost impacts with respect to the total contract Firm Fixed Price and the single CLINs affected.

30.2.8. A detailed price breakdown of all costs to identify single elements of cost contributing to the total. The cost reduction associated with the ECP (if any) shall take into account the Contractor’s allowable implementation cost. Cost estimates shall be prepared in accordance with ANNEX F and ANNEX G to Part II.

30.2.9. All labour costs and material quoted as part of any ECP shall be consistent with those stipulated in the Contract.

30.2.10. A revised version of the Contract Schedule of Supplies and Services.

30.3. The Purchaser shall assess the ECP being proposed by the Contractor and, subject to its sole judgment and without recourse by the Contractor, approve or reject the ECP by the mean of written communication to be dispatched solely by the Purchaser’s Contracting Authority.



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30.4. Any ECP shall be considered as approved only once the signature pages provided in ANNEX I have been formally signed by the Purchaser’s Contracting Authority.

30.5. In case of ECP rejection, the Contractor shall proceed with the performance in accordance with the Contract.

30.6. Formally approved ECPs shall be treated as interim authorization to proceed with the changes proposed strictly and limited to the scope, content and price as specified in the approved ECP.

30.7. The Purchaser shall not be liable for any cost incurred by the Contractor for performance rendered, regardless of the nature or time, associated to ECPs not formally approved by the Purchaser’s Contracting Authority.

30.8. All formally approved ECPs will be incorporated in the Contract via the issuance of a formal Contract Amendment at the earliest practical time after their issuance.

30.9. The production of any ECP regardless of its final approval or rejection shall be at no cost for the Purchaser.

31. INCORPORATION OF REVISED PROJECT MANAGEMENT AND ENGINEERING DOCUMENTATION DELIVERABLES

31.1. The following documentation is made part of the contract:

a. Project Master Schedule b. Project Management Plan c. Project Product Breakdown Structure d. Project Work Breakdown Structure e. Configuration Management Plan f. System Requirement Specification g. Use Case Documentation h. System Design Specifications i. Interface Control Documents j. System Development Plan k. Test Plan and Security Test and Evaluation (ST&E) Plan l. System Implementation Plan m. Training Plan n. Integrated Logistic Support Plan o. System Delivery Plan



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31.2. This documentation because of the nature of the performance under the contract will be subject to changes and revisions. The frequency and dynamic of these changes and revisions would make it unfeasible to ratify a new version of the documentation via a formal Contract amendment, at the time it is produced and approved by the Purchaser. Consequently during the course of formal reviews the Purchaser Contracting Authority will evaluate any changed documentation and subject to the terms of the contract validate its adequacy and, at its sole discretion provide for its approval in writing indicating which updated documentation is approved.

31.3. Subject to the exception noted in paragraph 31.5 below, any formally Purchaser approved documentation shall be deemed as made part of the contract and shall replace any existent previous version.

31.4. The submission of any proposed revised documentation the implementation of which would cause a variation in Contract price or scope shall be submitted via ECP in accordance with Clause 30 of the Contract Special Provisions and shall be deemed approved and incorporated into the contract only upon reception in writing of the Purchaser’s Contracting Officer approval.

31.5. The Purchaser is not under obligation to approve any proposed revised document except as in accordance with the terms of the present contract. Rejection of any proposed changes shall not discharge the Contractor, in whole or in part, of its responsibility for the performance under the Contract.

31.6. Nothing in this Clause is to be construed as a waiver to any other obligation of the Contractor under the contract.

32. CONTRACTOR PERFORMANCE IN OPERATIONAL AREA – AFGHANISTAN.

32.1. The Contractor shall ensure all Contractor’s and sub-Contractor’s personnel are aware of the Travel Arrangements for personnel going into Afghanistan and the personnel protection requirements whilst in theatre as set out in the following paragraphs.

32.2. Coordination of travel to Afghanistan, including booking seats on commercial aircraft, luggage arrangements and timing shall be the Contractor’s responsibility, the cost of which shall be included in the firm fixed price of this Contract.

32.3. The Purchaser may decide on a case by case basis, to mandate military air transportation to/from Afghanistan through a NATO designated airfield, normally through Germany but alternatively through any other NATO country in



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Europe. If military air transport is provided, the Contract will be amended to include the corresponding Option for use of NATO Military transportation in place of the Commercial Flight.

32.4. All travel of Contractor personnel to Afghanistan shall be fully coordinated with the Purchaser, a minimum of 3 weeks in advance. While deployed in Afghanistan all Contractor personnel shall hand carry the following documents:

32.4.1. Valid NATO Security Clearance (to be arranged by the Contractor through their national authorities)

32.4.2. Letter of Assignment to ISAF (to be requested from the Purchaser)

32.4.3. NATO Travel Order (to be requested from the Purchaser)

32.4.4. Valid Passport

32.4.5. The ISAF Military Technical Agreement (provided by the Purchaser)

32.5. All movement in theatre will be in military provided transport provided by the Purchaser and in accordance with the current force protection measures specified by HQ ISAF, commensurate with the threat level.

32.6. All intra theatre travel shall be arranged through the NC3A field office in Kabul, and approved by the local NATO POC or other authorized personnel under military jurisdiction.

32.7. To facilitate the booking of personnel, the following information will be required in advance of transportation:

32.7.1. Full name of the person to be employed ‘on-site’

32.7.2. Gender (for billeting purposes)

32.7.3. Passport number and nationality

32.7.4. Emergency contact information (full name, telephone number, address)

32.7.5. Blood type



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32.8. Availability of military transport can be limited depending on operational priorities. The Contractor shall be responsible for flexible re-tasking of personnel in case transport to specific locations is not available.

32.9. All Purchaser caused travel delays shall be reported back to the field office not later than 5 days after occurrence, and include:

32.9.1. date and location when the delay occurred

32.9.2. type of transport which was delayed

32.9.3. reason for the delay

32.9.4. Contractor staff involved

32.9.5. alternative travel routes or activities to be performed which where investigated

32.9.6. alternative activities actually performed

32.10. A travel delay is defined as a delay of more than 24 hours on the planned travel itinerary.

32.11. The Contractor shall make all attempts to provide the minimum number of personnel in theatre that is required to perform their required tasks.

32.12. The Contractor shall be responsible for ensuring that the Contractor’s personnel, including sub-Contractor’s personnel, are suitably briefed, protected, insured, and medically fit to work under this contract in line with the ISAF Security Standard Operation Procedures (SOP). As a minimum, the following must be accomplished:

32.12.1. All ‘on-site’ personnel shall be in possession of ballistic flak jackets/body armour and helmets.

32.12.2. All ‘on-site’ personnel shall have adequate medical and indemnity insurance.

32.12.3. All ‘on-site’ personnel shall have completed all national medical formalities required by the nation of which they are a citizen prior to departure and hold current medical certificates.



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32.12.4. For reasons of safety, security, communications and access all Contractor personnel shall attend the security briefing provided in theatre upon arrival.

32.13. The Contractor shall be prohibited from carrying weapons in theatre.

32.14. Unless otherwise authorized by the Purchaser, all ‘on-site’ personnel shall have the appropriate NATO Secret security clearances to be unescorted on the NATO Compounds.

32.15. Contractor personnel will be issued a regular ISAF ID card, which will show their status as a NATO Contractor. With their NATO Secret security clearance they will also be issued an ID card for Class 1 Security areas, if required.

32.16. NATO reserves the right to refuse access to its facilities in which case the Contractor shall provide alternative qualified acceptable personnel.

32.17. Office space will be provided by NATO whenever available. The Contractor should note that at most sites office space is at a premium and the Contractor should expect to work in austere conditions. Dedicated office space is highly unlikely at the majority of the sites. “Office space” under this Clause does not include the shelters and containers required to house the Contractor’s equipment.

32.18. Medical care can only be provided by ISAF to Contractor personnel in the case of life/limb threatening situations. Emergency medical evacuation from the ISAF theatre is a Contractor responsibility. While in theatre the Contractor’s personnel must follow all security/safety regulations and instructions issued by NATO authorities.

32.19. Any Contractor personnel that need an escort on the base, must be escorted by Contractor personnel with the proper NATO Security Clearance and Escort Privileges, as approved by the local Security Office.

33. MESSING, LODGING, WATER AND LAUNDRY SERVICES.

33.1. KAIA[KABUL] and RC(N)[MAZAR e SHARIF]: messing, lodging, water, cleaning, ablution, power, sewage, waste disposal and laundry services will be available for Contractor personnel working at KAIA under this Contract. The cost of the aforementioned services, which shall be borne by the Contractor personnel, is recorded and calculated for each individual. The estimated monthly rate is approximately €900 per person (= approximately €30 per day).



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33.2. HQ ISAF[KABUL]: messing, water, cleaning, ablution, power, sewage, waste disposal and laundry services will be available for Contractor personnel working at HQ ISAF under this contract. The cost of the aforementioned services, which shall be borne by the Contractor personnel, is recorded and calculated for each individual. The estimated monthly rate is approximately €900 per person (= approx. €30 per day).

33.3. Lodging in HQ ISAF cannot be assured, and when lodging is unavailable accommodation will alternatively be provided in KAIA with daily commuting to ISAF HQ (MOVECON) provided by the Purchaser.

33.4. RC(S)[KANDAHAR]: messing, lodging, water, cleaning, ablution, power, sewage, waste disposal and laundry services will be available for Contractor personnel working at KAF under this contract. The cost of the aforementioned services, which shall be borne by the Contractor personnel, is recorded and calculated for each individual. The estimated monthly rate is approximately $1,800 per person (= approx. $60 per day).

33.5. The above stated costs are intended as guidance to assist the Contractor in assessing the cost of living for its personnel in theatre in Afghanistan only. It is the Contractor’s responsibility to confirm that the costs as stated in 33.1 thru 33.4 above are correct. The Purchaser does not bear any responsibility whatsoever for any increase/decrease of the above stated costs.

33.6. The Contractor should note that at most sites living conditions are not at a premium and the Contractor should expect to live in austere conditions.



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Book II, Part II, Annex A, Page 1

ANNEX A. LIST OF ABBREVIATIONS

Abbreviation Definition 2D Two Dimensional 3D Three Dimensional A1 Air Personnel and Administration A2 Air Intelligence A3 Air Operations A4 Air Logistics A5 Air Plans and Policy A6 Air Communications and Information Systems A7 Air Doctrine and Training A8 Air Budget and Finance A9 Air Civilian/Military Affairs AAP Allied Administrative Publication AAR Air to Air Refuelling AAWG Air Assessment Working Group ABT Air Breathing Threat ABTD Air Breathing Threat Defence A/C Aircraft ACA Airspace Control Authority ACC Air Component Command ACC Air Control Centre (ACCS entity) ACCS NATO Air Command and Control System (software and

hardware) ACCS BU2 ACCS Build Upgrade 2 ACCS LOC1 ACCS Level of Capability 1 ACM Airspace Control Measure ACMP Allied Configuration Management Publication ACN Aircraft Classification Number ACO Allied Command Operation ACO Airspace Control Order ACO Airspace Coordination Order ACP Allied Communication Publication ACP Airspace Control Plan ACROSS NC3A ACO Resources Optimization Software System (software) ACS Airspace Control System ACT Allied Command Transformation



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Abbreviation Definition ACTWG Air Component Targeting Working Group AD Air Defence AD ACO Directive ADAMS Allied Deployment And Movement System AdatP Allied Data Publication ADatP-3 Allied Data Publication Volume 3 ADatP-3 BL 11F ADatP-3 Baseline 11 Future ADD Architecture Description Document ADDIE Analysis, Design, Development, Implementation, and Evaluation ADL Advanced Distributed Learning ADL Allied Disposition List ADM AOD Decision Meeting for AOD X+2 ADP Automatic Data Processing ADP Air Defence Plan AEW Airborne Early Warning AFOD Airfield Operational Database AFPL Approved Fielded Product List AFTN Aeronautical Fixed Telecommunications Network AI Area of Interest AIFS NATO Automated Information Flow System (software) AIP AirC2IS Information Portal AIP Air Operations Information Portal AirC2IS Bi-SC AIS Air Command and Control Information Service

(software) AirC2IS-1 AirC2IS Increment 1 AirC2IS-2 AirC2IS Increment 2 AirC2IS-3 AirC2IS Increment 3 AirCC Air Component Command AIRINCIREP Air Incident Report AIS Automated Information System AIS Automatic Identification System (civilian ships) AIT Air Intelligence Team AJAX Asynchronous JavaScript and XML AJP Allied Joint Publication ALCC Airlift Coordination Centre ALTBMD Active Layered Theatre Ballistic Missile Defence AM ACO Manual AMMO Ammunition AMR Air Mobility Request



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Abbreviation Definition AO Area of Operations AOC Air Operations Centre AOCC Air Operations Coordination Centre AOCC (L) Air Operations Coordination Centre (Land) AOCC (M) Air Operations Coordination Centre (Maritime) AOD Air Operations Directive AODT AOD Team AOI Area of Interest AOM Air Ops Meeting for AOD X+3 to X+10 AOP Air Operations Plan AOPG Air Operations Planning Group AOPT Air Operations Planning Team AOR Area of Responsibility AOR Area of Operational Responsibility AOSS ACO Open Source System AP Air Plan API Applications Programming Interfaces APMS Automated Personnel Management System APOD Airport of Debarkation APOE Airport of Embarkation APP Allied Procedural Publication APT Air Planning Team AQAP Allied Quality Assurance Publication ASAS All-Source Analyst System ASIT Allied Systems Interoperability Test-bed ASM Airspace Management ASMAN NC3A ICC Airspace Management module (software) ASOC Air Support Operation Centre ASR Air Support Request ASRC Acquisition Support Resource Centre ASSESSREP Assessment Report ASTERIX All Purpose Structured Eurocontrol Surveillance Information

Exchange AT Air Transport ATA Actual Time of Arrival ATC Air Traffic Control ATD Actual Time of Departure ATM Air Traffic Management ATO Air Tasking Order



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Abbreviation Definition ATP Allied Tactical Publication ATWG Air Transport Working Group AUP Airspace Utilization Plan AWACS Airborne Warning and Control System AWCIES ACCS-Wide Communication Information Exchange System AWG Assessment Working Group BAIP Bi-SC AIS Implementation Plan BAPPL Bi-SC AIS Procurement Product List BBN BICES Backbone Network BDA Battle Damage Assessment BDAREP Battle Damage Assessment Report BE Basic Encyclopaedia BER Bit Error Rate BICC BICES Initial Core Capability BICES Battlefield Information Collection and Exploitation System Bi-SC Bi-Strategic Command Bi-SC AIS Bilateral Strategic Command Automated Information System Bi-SC AIS PMIC Bi-SC AIS Programme Management and Integration Capability BITE Built-in Test Equipment BL Baseline BM Ballistic Missile BMC3 Battle Management Command, Control & Communications BMC3I Battle Management Command, Control, Communications &

Intelligence BMD Ballistic Missile Defence BOA Basic Ordering Agreement BOE Basis of Estimate BPD Boundary Protection Device BPEL Business Process Execution Language BPEL4WS Business Process Execution Language for Web Services BPS Boundary Protection Service Brief Briefing BRR Baselines Requirements Review BS Battle Staff BSO Battle Staff Object C2 Command and Control C2DO Command and Control Duty Officer



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Abbreviation Definition C2IEDM Command and Control Information Exchange Data Model C2IS Command and Control Information System C3 Command, Control and Communication C4ISR Command, Control, Communications, Computers Intelligence

Surveillance and Reconnaissance CA Combat Assessment CA Campaign Assessment CAB Contracts Award Board CAL Critical Asset List CAOC Combined Air Operations Centre CASP Coordinated Air/Sea Procedures CAX Computer Aided Exercise CBA Component-Based Architecture CBRN Chemical, Biological, Radioactive, Nuclear CBT Computer Based Training CC Component Command CC-Air Air Component Command CCB Configuration Control Board CCF Conventional Counter-Force CCHQ Component Command Headquarters CCIR Commanders Critical Information Requirements CC-Land Land Component Command CCLVTC Component Command Liaison VTC CC-Mar Maritime Component Command CC-SOF SOF Component Command CD Compact Disk Cdr Commander CDR Critical Design Review CDRL Contract Documentation Requirements list CEM Collection Emphasis Messages CEO Chief Executive officer CEOI Communications-Electronics Operating Instructions CEP Circular Error Probable CET Central European Time CDR Critical Design Review CFM Communications Flow Model CGI Common Gateway Interface CGRS Common Geographical Reference System CGS Core Geographic Services



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Abbreviation Definition CI Configuration Item CIA Component Implementation Architecture CICOM CIMIC Coordination Meeting CIM Central Information Managers CIMIC Civilian and Military Cooperation CIRC Computer Incident Response Capability CIS Communication Information System CISREP CIS Report CJOC Combined Joined Operations Centre CJSOR Combined Joint Statement of Requirements CJTF Combined Joint Task Force CLC Combined Logistics Conference CLI Combined Language Infrastructure CLIN Contract Line Item Number CM Configuration Management CMD Common Mission Definition CMO Coverage Mission Order CMP Configuration Management Plan COA Courses of Action CO Contracting Officer COI Communities of Interest COINS Communication and Information Systems COM Commander COMMPLAN Communications Plan COMMZ Communications Zone CONOPS Concept of Operations COO Chief Operating Office COP Common Operational Picture COSI NC3A ICC CORBA Based ISI (software) COTS Commercial off the shelf CP Capability Package CP Collection Plan CPX Command Post Exercise COVREP Coverage Report CR Change Request CRAM Consolidated Route Availability Messages CRC Control Reporting Centre CRO Crisis Response Operations CRONOS NATO Secret Wide Area Network (WAN)



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Abbreviation Definition CSA Component Specification Architecture CSA Configuration Status Accounting CSCI Computer Software Configuration Item CSD NC3A MAJIIC Coalition Shared Database (software) CSDO Combat Support Duty Officer CSRS Community Security Requirements Statement Csv Comma separated value CTL Collection Tasking List Ctrl Control key CTRL Control key CUB Commanders Update Briefing CurrOps Current Operations CVRT Criticality, Vulnerability, Recuperability & Threat CWS Cartographic Work Shop CY Calendar Year D&G Direction & Guidance DAC Defended Area Coverage DAFIF Digital Aeronautical Flight Information File DARB Daily Assets Reconnaissance Board DARS Deployable ACC + RPC + SFP (ACCS entity) DAV Distributed Authoring and Versioning dB Database DBA DataBase Administrator DBMS Data Base management System DCAOC Deployable CAOC (ACCS entity) DCIS Deployable Communication and Information Systems DDD Detailed Design Document DDE Defence Design Enterprise DDP Delivery Duty Paid (Incoterms2000) DDS Defence Design Services DEM Data Exchange Model DEM Data Exchange mechanism DHCP Dynamic Host Configuration Protocol DHS Document Handling Service DHTML Dynamic HTML DIF Difficulty, Importance, and Frequency Analysis DISUM Daily Intelligence Summary Div Division



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Abbreviation Definition DJSE Deployed Joint Staff Element DJTF Deployed Joint Task Force DL Description Logics DL Data Link DMPI Desired Main Point of Impact DMS Document Management System DO Delivery Order DOB Deployed Operating Base DOORS Telelogic® DOORS® Requirements Management for Complex

Systems and Software Development: Dynamic Object-Oriented Requirements System

DOS Days of Supply Dpi Dots per inch DPM Deputy Project Manager DR Deficiency Report DTED Digital Terrain Elevation Data DTG Data Time Group DTS Deployable Training System DUNS Data Universal Numbering System EAD Extended Air Defence EAF Entity Armed Forces EAPC Euro-Atlantic Partnership Council EBAO Effect Based Approach to Operations EBO Effect-Based Operations EBP Effects Based Planning ECMAScript Ecma International Script ECP Engineering Change Proposal EDC Effective Date of Contract EEI Essential Element of Information e.g. For example E-mail Electronic mail EMC Electro-Magnetic Compatibility EMCON Emission Control EMP Electromagnetic Pulse EMS Enterprise Management Services ENC Electronic Navigation Chart EOB Enemy Order of Battle EOB Electronic Order of Battle



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Abbreviation Definition ESB Enterprise Service Bus ETA Estimated Time of Arrival Etc. etcetera ETD Estimated Time of Departure ETRO Expected Time to Return to Operations EUROCONTROL European Air Traffic Control Agency EVE Effective Visible Execution EW Electronic Warfare EW Early Warning EWS Early Warning Sensors ExO Exercise Organization FA Functional Application FAC Forward Air Controller FAC(A) Forward Air Controller (Army) FADR Fixed Air Defence Radar FAM Functional Area Module FAOR Fighter Area of Responsibility FAS Functional Area Service FAST NC3A ICC Flexible, Advanced C2 Services for NATO Time

Sensitive Targeting (software) FAT Factory Acceptance Test FA VTC Functional Area VTC FCA Functional Configuration Audit FFP Firm Fixed Price FHA First Hostile Act Flash Adobe Flash (software) FLOT Forward Line of Own Troops FM Frequency Management FMC Full Mission Capable FOB Free On Board (incoterms2000) FOB Forward Operating Base FOB Friendly Order of Battle FOC Final Operational Capability FP Force Protection FORMETS NATO Message Text Formatting System FRAGO Fragmentary Order FS Functional Service FSA Final System Acceptance



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Abbreviation Definition FSCM Fire Support Coordination Measure FSD Final System Design FSSL Fire Support Safety Line GARS Global Area Reference System GBAD Ground Based Air Defence Geo Geographical GEO Geographical GEOLOC Geographic Location GeoTIFF Geographical Tagged Image Format GFE Government Furnished Equipment GIF Graphics Interchange Format GIS Geographic Information Service GML Geography Mark-up Language GMT Greenwich Mean Time GO Government Organization GOF Gang of Four GOTS Government off the shelf GQA Government Quality Assurance GUI Graphical User Interface HAS Hardened Aircraft Shelter HCI Human Computer Interfaces He/his The terms 'he' and 'his' denote a person and do not imply gender. HF High Frequency HIW High Intensity Warfighting HMI Human Machine Interface HN Host Nation HQ Headquarters HRF High Readiness Forces HTML Hypertext Mark-up Language HTTP Hypertext Transfer Protocol HTTPS Hypertext Transfer Protocol over Secure Socket Layer HUMINT Human Intelligence HVA High Value Asset HVAC Heating, Ventilating and Air Conditioning HVI High Value Individual HVT High Value Target HW Hardware



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Abbreviation Definition HWCI Hardware Configuration Item I&A Identification and Authentication I&W Indications and Warning ICA Initial Central Administrators ICAO International Civil Aviation Organization ICB International Competitive Bidding ICC Integrated Command and Control ICC (Patriot) Information Coordination Central ICC International Chamber of Commerce ICD Interface Control Document ICO Icon ID Identity IDE Integrated Development Environment IDO Intelligence Duty officer i.e. Includes IE Information Exchange IED Improvised Explosive Device IEEE Institute of Electrical and Electronic Engineers IEG Information Exchange Gateway IER Information Exchange Requirement IERD Information Exchange Requirements Description IETF Internet Engineering Task Force IFB Invitation For Bid IFF/SIF Identification Friend or Foe/Selective Identification Feature iGeoSIT NC3A Interim Geo-Spatial Intelligence Tool (software) IKM Information and Knowledge Management ILC Irrevocable Letter of Credit ILS Integrated Logistics Support ILSP Integrated Logistics Support Plan IM Information Manager IM Instant Messaging IMART Imagery Management and Reporting Tool IMINT Imagery Intelligence IMS International Military Staff IMSSOP International Military Staff Standard Operating Procedure Info Information Info Ops Information Operations INFOSEC Information Security



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Abbreviation Definition Intel Intelligence INTEL Intelligence INTEL-FS Intelligence Functional Services INTEL-FS IOC Increment 1 of INTEL-FS Spiral I INTREP Intelligence Report INTSUM Intelligence Summary IO International Organisation IO Information Object IO Information Operations IOC Initial Operational Capability IOCB Information Operations Coordination Board IOT&E Initial Operational Test and Evaluation IOWG Info Ops Working Group IP Internet Protocol IPB Intelligence Preparation of the Battlespace IPL Image Product Library IPMT Integrated Project Management Team IPP Impact Point Prediction IPR Intellectual Property Rights IPSEC Internet Protocol Security IPv6 Internet Protocol Version 6 IR Incident Report IRD Interface Requirements Document ISAF International Security Assistance Force (Afghanistan) ISI NC3A ICC Standard Interface Library (software) ISLA Initial Service Level Agreement ISM Information System Modules ISO International Standards Organisation ISP Integrated Support Plan ISP 98 International Standby Practices 98 ISR Intelligence, Surveillance, Reconnaissance ISTAR Intelligence, Surveillance, Target Acquisition and Reconnaissance ISUG Intelligence Systems Users Group IT Information Technology ITB Integrated Test Bed ITS US Interim Targeting Solution (software) ITU International Telecommunication Union IV&V Independent Validation and Verification



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Abbreviation Definition J (1-9) Divisional Staffs J1 Joint Personnel and Administration J2 Joint Intelligence J3 Joint Operations J4 Joint Logistics J5 Joint Plans and Policy J6 Joint Computer Information Systems J7 Joint Doctrine and Training J8 Joint Budget and Finance J9 Joint Civilian/Military Affairs JAAP Joint Air Allocation Plan JACC Joint Airspace Coordination Cell JADC Joint Area Air Defence Commander JADOCS US Joint Automated Deep Operations Coordination System

(software) JALLC Joint Analysis and Lessons Learned Centre JAOP Joint Air Operations Plan JASMAD US Joint Airspace Management and Deconfliction (software) JC2IS Bi-SC AIS Joint Command and Control Information System (CP

107) JC3IEDM Joint Command Control and Communication Information

Exchange Data Model JCAL Joint Critical Asset List JCB Joint Coordination Board JCBWG Joint Coordination Board Working Group JCHAT NC3A Joint Tactical Chat (software) JCO Joint Coordination Order JCOP NC3A Joint COP System (software) JDAWG Joint Defended Asset Working Group JEP Joint Environmental Picture JFACC Joint Forces Air Component Command JFAI Joint Final Acceptance & Inspection JFC Joint Forces Command JFHQ Joint Forces Headquarters JFLCC Joint Forces Land Component Command JFM Joint Frequency Management JFMCC Joint Forces Maritime Component Command JFSCL Joint Fire Support Coordination Line JFSOCC Joint Forces SOF Component Command



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Abbreviation Definition JFTC Joint Forces Training Centre JHQ Joint Headquarters JIM NC3A JTLS - ICC Interface Module (software) JIPB Joint Intelligence Preparation of the Battlespace JISR Joint Intelligence Surveillance and Reconnaissance JLSG Joint Logistics Support Group JOA Joint Operations Area JOC Joint Operations Centre JOCWatch NC3A Joint Operations Centre Event Management Tool

(software) JOIIS Joint Operations and Intelligence System JOPG Joint Operational Planning Group JOPLAN Joint Operational Plan JOPWG Joint Operational Planning Working Group JPCAL Joint Prioritised Critical Asset List JPDAL Joint Prioritized Defended Asset List JPEG Joint Photographic Experts Group (format) jpg Joint Photographic Experts Group (format) JPR Joint Personal Recovery JPRP Joint Personal Recovery Plan JPTL Joint Prioritised Target List JRE Joint Range Extension JREAP Joint Range Extension Application Protocol JREP Joint Range Extension Protocol JSR Java Specification Request JSTARS Joint Surveillance and Target Attack Radar System JTL Joint Target List JTLS NATO Joint Theatre Level Simulation (software) JTMB Joint Transportation Movement Board JTNL Joint Target Nomination List JTS NC3A ICC Joint Targeting System (software) JTST Joint Time Sensitive Targeting JTT US Joint Targeting Toolbox (software) JTWG Joint Targeting Working Group JWC Joint Warfare Centre KFOR Kosovo Force KOA Keep-out Altitude KPI Key Performance Indicators



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Abbreviation Definition L16 Link 16 LAD Launch Area Denied LAN Local Area Network LC2 Land Command and Control LC2IS Land Command and Control Information Service LCC Land Component Command LCN Load Classification Number LDAP Lightweight Directory Access Protocol LEGAD Legal Advisor LEP Locally-Employed Personnel LIVEX Live Exercise LLNO Logistics Liaison Officer LNO Liaison Officer LOC Level Of Capability LOC Location LOCE Linked Operations-Intelligence Centers Europe LOG Logistics LOG FS Bi-SC AIS Logistics Functional System LOGASSESSREP Logistics Assessment Report LOGFAS NC3A Logistics Functional Area Services LOGREP Logistics Reporting LOGSITREP Logistical Situational Report LOGUPDATE Logistics Update Report LOP Level of Protection LOS Level of Support LPE Launch Point Estimate LRU Line-Replaceable Unit LSID NC3A Link 16 Situational Display (software) MAAP Master Air Attack Plan MAOP Master Air Operations Plan MAOP NC3A ICC MAOP Tool (software) MAP Master Air Plan MAPI Mail Application Programming Interface Mar Maritime MBC Military Budget Committee MC Military Committee MC Mission Capable



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Abbreviation Definition MCC Maritime Component Command MCCIS Maritime Command and Control Information System MD Missile Defence MDA Model Driven Architecture MEDASSESSREP Medical Assessment Report MEDREP Medical Report MEDSITREP Medical Situation Report MEO Movement Execution Order MEZ Missile Engagement Zone MGRS Military Geographic Reference System MHWPS Minimum Hardware Procurement Specifications MIJI Meaconing, Intrusion, Jamming, and Interference MIL-STD Military Standard MIMI ICC ICC-ACCS Interface Module (software) MIMO Module Information Management Officer MIP Multilateral Interoperability Protocol MISREP Mission Report MMI Man-Machine Interface MMR Minimum Military Requirement MNB Multinational Brigade MND Multi National Division MOD Ministry of Defence MOE Measures of Effectiveness MOP Measures of Performance MOTS Military off the shelf MOU Memorandum of Understanding MOVASSESSREP Movement Assessment Report MOVSITREP Movement Situation Report MPA Maritime Patrol Aircraft MRO Military Response Option MS Mission Secret MS Microsoft MS Access Microsoft Access Database format MTBCF Mean Time Between Critical Failures MTBF Mean Time Between Failures MTL Mobile Target List MTOTE NC3A ICC Air Mission Monitoring and Management Tool

(software) MTR Maximum Time to Receive



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Abbreviation Definition MTR Mission Task Request MTT Maximum Time to Transmit MTTR Mean Time To Repair MU Mission Unclassified MVC Model View Controller MWO Movement Warning Order NAC North Atlantic Council NACMA NATO ACCS Management Agency NAEW NATO Airborne Early Warning NAMSA NATO Maintenance and Supply Agency NATO North Atlantic Treaty Organisation NBC Nuclear Biological Chemical NC3A NATO Consultation Command and Control Agency NC3B NATO C3 Board NC3O NATO C3 Organisation NC3TA NATO C3 Technical Architecture NCDM NATO Corporate Data Model NCISS NATO Communications and Information Systems IS School NCO Non Commissioned Officer NCOP Bi-SC AIS NATO COP System (software) NCS NATO Command Structure NCSA NATO CIS Support Agency NECCIS NATO/NO North European Command and Control Information

System (software) NEDS NATO-wide Enterprise Directory Services NEO Non-combatant Evacuation Operation NFC National Force Commitments NFFI NATO Friendly Forces Information NGCS NATO General Purpose Communication System NGO Non Governmental Organisation NICE NATO IP Cryptographic Equipment NIMP NATO Interoperability Management Plan NIRIS NC3A Network Interoperable Real-time Information Service

(software) NITC NCSA INFOSEC Technical Centre NITF National Imagery Transmission Format NLT Not Later Than NMC Not Mission Capable



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Abbreviation Definition NMCM Not Mission Capable Maintenance NMCRL NATO Master Cross-Reference List NMCS Not Mission Capable Supply NMS NATO Messaging Service NNEC NATO Network Enabled Capability NNTCN Non-NATO Troop Contributing Nation No Number NOTAM Notice to Air Men NOTS NATO Off The Shelf NOV-2 NATO Operational View NPC NATO Programming Centre NPKI NATO Public Key Infrastructure NQAR National Quality Assurance Representative NR NATO Restricted NRDF National Rapid Deployment Force NRF NATO Response Force NRT Non-real time NS NATO Secret NSIP NATO Security Investment Programme NSN NATO Serial Number NSOV NATO Service Oriented View NSV-1 NATO System View NS WAN NATO Secret Wide Area Network NTDI NATO Target Data Inventory NTF NATO Training Federation NTI Not to Exceed NTLM NT LAN Manager NU NATO Unclassified NUNI NGCS User Network Interface NVG NATO Vector Graphics O&M Operations and Maintenance OA Operational Analysis OASIS Organization for the Advancement of Structured Information

Standards OB Order of Battle OCD Operational Concept Description OCR Optical Character Recognition ODBC Open Data Base Connectivity



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Abbreviation Definition OEM Original Equipment Manufacturer OGC Open GIS Consortium OIF Operational Information Flow OJT On the Job Training OLT Operational Level Testing OMG Object Management Group OMT TOPFAS ORBAT Management Tool OPCOM Operational Command OPFOR Opposing Forces OPLAN Operation Plan OPORD Operational Order OPP Operational Planning Process OPS Operations OPSEC Operational Security OPTASK Operational Tasking OPTASKLINK Operational Order for Tactical Data Links ORBAT Order of Battle ORBIT Order of Battle Intelligence Tool ORD Operations Research Division Org Organisation ORRB Operational Resources Requirement Board OS Operating System OSINT Open Source Intelligence OSIS Open Source Information System OT Operational Test OT&E Operational Test and Evaluation OTS Off-The-Shelf OUG Operational User Group PA Political Advisor PC Personal Computer PCA Physical Configuration Audit PCN Pacement Classification Number PCR Project Checkpoint Reviews PCWSF Pre-Calculated Weapon System Footprint PD Passive Defence Pdf Portable Document Format PDR Preliminary Design Review PFD Purchaser Furnished Documents



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Abbreviation Definition PFE Purchaser Furnished Equipment PIM Position of Intended Movement PIR Priority Intelligence Requirement PKI Public Key Infrastructure PLANS Plans PlaTo NC3A Planning and Tasking Tool for Extended Air Defence

(software) PM Project Manger PMBOK Project Management Body of Knowledge PMC Partial Mission Capable PMCS Partial Mission Capable Supply PMIC Programme Management and Integration Capability PMO Project Management Office PMP Project Management Plan PMS Project Master Schedule PNG Portable Network Graphics PO Psychological Operations POC Point of Contact POI Programme of Instruction POLAD Political Advisor POP Point Of Presence POTF Psychological Operations Task Force PPBS Project Product Breakdown Structure PPLI Precise Position Location & Identification PPR Prior Permission Required PR Personnel Recovery PR Problem Report PRCC Personnel Recovery Coordination Cell PREV Previous PRINCE2 Projects in Controlled Environments II PRISMA NC3A Personnel Recovery Information Management (software) PSA Partial Site Acceptance PSD Performance Start Date PSO Peace Support Operation PSR Project Status Review PSRR Preliminary Systems Requirements Review Psy Ops Psychological Operations PTL Prioritised Target List PTL Primary Target Line (GBAD)



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Abbreviation Definition PUL Programme Utilisation List PWBS Project Work Breakdown Structure QA Quality Assurance QAP Quality Assurance Plan QAR Quality Assurance Representative QC Quality Control QoS Quality of Service RA Reference Architecture R&D Research & Development RADC Regional Air Defence Commander RALCC Regional Airlift Coordination Cell RAM Random Access Memory RAM Reliability, Availability & Maintainability RAP Recognised Air Picture RAS OMG Reusable Asset Specification RAS Remote Access Service RC Regional Command (ISAF) RC Relocation Centre RDL Representational Disposition List RECCE Reconnaissance Ref Reference REP Recognised Environmental Picture Rep Report RESALLOC NC3A ICC Resource Allocation module (software) REST Representational State Transfer RFC Request for Comments RFC Request for Change RFL Representational Force List RFD Request For Deviation RFBV Request for Bidders Views RFI Request for Information RFIMS Request for Information Management System RFW Request For Waivers RGP Recognised Ground Picture RIA Rich Internet Applications RIC Reportable Item Code RLP Recognised Land Picture



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Abbreviation Definition RMP Recognised Maritime Picture ROE Rules Of Engagement ROZ Restricted Operating Zone RPC RAP Production Centre (ACCS entity) RPC Remote Procedure Call RPOD Rail Point of Debarkation RSOM Reception, Staging, and Onward Movement RSP Recognised Surface Picture RSS Really Simple Syndication RT Real-time RTF Rich Text Format RWY Runway SA Service Architecture SA Service Availability SA Situational Awareness SA Site Acceptance SAA Security Accreditation Authority SACEUR Supreme Allied Commander (Europe) SACO Supreme Allied Command of Operations SACT Supreme Allied Command Transformation SAFE SIGINT Analyst Functional Environment SALTO NC3A ICC Air Mission Planning module (STC's Air Logic Tool)

(software) SAM Surface to Air Missile SAN Storage Area Network SAT Site Acceptance Test SAWREP Surface to Air Weapon Unit Status and Availability Report SBAD Sea Based Air Defence SC Strategic Command SCL Standard Combat Load SCL Standard Configuration Load SCORM Shareable Content Object Reference Model SCSI Small Computer System Interface SDA SEWOC Database Application SDK Software Development Kit SDP System Development Plan SDP Service Delivery Plan SDS System Design Specification



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Abbreviation Definition SEAD Suppression of Enemy Air Defence SecOps Security Operating Procedures Sect Section SEW Shared Early Warning SEWOC SIGINT-Electronic Warfare Operations Centre SFOR Stabilisation Force SFP Sensor Fusion Post (ACCS entity) SGML Standard Generalized Mark-up Language SHAPE Supreme Headquarters Allied Powers Europe SHQ Standing Headquarters (e.g. JFCN, JFCS etc) SIDO Senior Intelligence Duty Officer SIGINT Signals Intelligence SIM Simulated SINC Single Integrated Channel Ground SIP Session Initiation Protocol SIP System Implementation Plan SIR Specific Intelligence Requirements SISRS System Interconnection Security Requirements Statements SIT System Integration Testing SITCEN Situational Centre SITFOR Situational Forces SIVP Security Implementation Verification Procedures SLA Service Level of Agreement SLC Standby Letter of Credit SLP Standard Language Proficiency SM Spectrum Management SM System Management SMADEF Spectrum Management Allied Data Exchange Format SMB Spectrum Management Branch SME Subject Matter Expert SMS Short Messaging Service SNMP Simple Network Management Protocol SNTOR Short and Near-term Operational Requirements SO Staff Officer SOA Service Oriented Architecture SOAP Simple Object Access Protocol SOCC SOF Component Command SO DEF OPS Senior Officer Defensive Operations SODO Senior Offensive Duty Officer



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Abbreviation Definition SOF Special Operations Forces SOFC2IS Bi-SC AIS Special Operations Forces Command and Control

Information System (CP 107) SO OFF OPS Staff Officer Offensive Operations SOP Standard Operational Procedures SOR Statement of Requirements SOW Statement Of Work or Part IV of the Contract SPA Service provision Authority SPINS Special instructions SPOD Sea Ports of Debarkation SPR Software Problem Reports SPT Support SQL Structured Query Language SQOC Squadron Operation Centre SQR Support/Sustainment Qualification Review SRA Security Risk Assessment SRR System Requirements Review SRS System Requirement Specification SSL Secure Socket Layer SSO Single Sign-On SSR Site Survey Report SSRS System Security Requirements Statements SSS Schedule of Supplies and Services SSTO SAM SHORAD tactical order ST&E Security Test & Evaluation STANAG Standardization Agreement STIVF System Test, Integration and Verification Facility SUPPLAN Supporting/Supplementary Plan SVG Scalable Vector Graphics SW Software SWDL SW distribution List TA Target Architecture TAC Tactical Air Command TACAN Tactical Air Navigation TACOM Tactical Command TACON Tactical Control TACP Tactical Air Control Post TACS Theatre Air Control System



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Abbreviation Definition TAI Target Area of Interest TAI TMD Amplifying Information TAP Test Acceptance Plan TARE Telecommunications Automated Relay Equipment TBCE Type B Cost Estimate TBD To Be Defined TBM Theatre Ballistic Missile TBMD Theatre Ballistic Missile Defence TBMCS US Theatre Battle Management Core System (software) TBMF Tactical Battle Management Function TCP/IP Transmission Control Protocol/Internet Protocol TDL Tactical Data Link TL Target List TMD Theatre Missile Defence TMR Training Material Review TNA Training Needs Analysis TNL Target Nomination List TOPFAS Tool for Operational Planning Force Activation and Simulation TP Training Plan TP Test Plan TRP Time of Reporting TRR Test Readiness Review TST Time Sensitive Targeting TSTL TST List TTP Tactics, Techniques and Procedures TWY Taxiway UAT User Acceptance Test UDDI Universal Description, Discovery and Integration UHF Ultra High Frequency UI User Interface UID Unit Identification Code UML Unified Modelling Language UPS Uninterruptible Power Supply URL Uniform/Universal Resource Locator UTM Universal Transverse Mercator UUID Universally Unique Identifier UUP Updated Airspace Use Plan



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Abbreviation Definition VHF Very High Frequency VoIP Voice over IP VTC Video Tele Conference W3C World Wide Web Consortium WAN Wide Area network WBS Work Breakdown Structure WCS Web Coverage Service WCS Web Catalogue Service WebDAV Web-based Distributed Authoring and Versioning WFS Web Feature Service WISE NATO Web Information Services Environment (software) WISI NC3A ICC Webservices Interfaces (software) WMD Weapon of Mass Destruction WMS Web Map Service WOC Wing Operation Centre WP Work Package WP2 PSD Work Package Two Performance Start Date WP3 PSD Work Package Three Performance Start Date WP4 PSD Work Package Four Performance Start Date WP5 PSD Work Package Five Performance Start Date WP6 PSD Work Package Six Performance Start Date WP7 PSD Work Package Seven Performance Start Date WP8 PSD Work Package Eight Performance Start Date WP9 PSD Work Package Nine Performance Start Date WP10 PSD Work Package Ten Performance Start Date WP11 PSD Work Package Eleven Performance Start Date WP12 PSD Work Package Twelve Performance Start Date WP13 PSD Work Package Thirteen Performance Start Date WP14 PSD Work Package Fourteen Performance Start Date WP15 PSD Work Package Fifteen Performance Start Date WRC World Radio Communication Conference WRS Web Registry Service w.r.t. With respect to WS Workspace WS Weaponeering Solution WS Weapon System WSDL Web Services Description Language WS-I Web Services Interoperability Organization



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Abbreviation Definition WS-N OASIS Web Services Notification WSRP Web Services for Remote Portlets WTS Web Terrain Service WYSIWYG What You See Is What You Get XLS Microsoft Excel spreadsheet format XMI OMG XML Metadata Interchange XML Extensible Mark-up Language XMPP Extensible Messaging and Presence Protocol XSS Cross-Site Scripting



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Book II, Part II, Annex B, Page 1

ANNEX B. NATO C3 AGENCY DECLARATION

To be signed by the Contractor’s key personnel designated under Contract CO-13345-AMN12

I UNDERSTAND: That I must preserve the security of all classified/commercial-in-confidence information

which comes to my knowledge as a result of the Contract stated above and that I undertake to comply with all relevant security regulations.

That I must not divulge to any unauthorised person even within my own company, any classified/commercial-in confidence information gained by me as a result of my Contract with NC3A or its legal successor, unless prior permission for such disclosure has been granted by the General Manager of the NC3A or by the General Manager of its legal successor.

That I must not, without the approval of the General Manager of the NC3A or its legal successor, publish (in any document, article, book, CD, video, film, play, or other form) any classified /commercial-in-confidence information which I have acquired in the course of my official duties for NC3A or for its legal successor.

That, at the end of Contract and after performance of all required tasks, I must surrender any official document or material made or acquired by me in the course of my official duties, save such as I have been duly authorised to retain.

That if I violate prescribed security practices either intentionally or accidentally, my Contract shall be immediately terminated.

That the provisions of the above Declaration apply not only during the period of the referred Contract with the Agency, but also after the stated Contract has ceased and that I am liable to prosecution if either by intent or negligence I allow classified/commercial-in-confidence information to pass into unauthorised hands.

That I will be considered as a key personnel as specified in clause 18 of the Special Provisions of Contract CO-13345-AMN12, and therefore, shall comply with all regulations and restrictions applicable to key personnel.

That I commit to fulfil my obligations for the period of performance mentioned in the Contract Schedules and the Special Provisions of the Contract referred above (including the optional periods) unless major events beyond my reasonable control happen.

That should I decide for personal interest to leave the position, I will do my best effort to fulfil my obligations until the Company that is currently employing me has provided NATO with an acceptable suitable substitute in accordance with clause 18 of the Special Provisions of the aforementioned Contract.

____________________________________________________________Date_________ Full name (in block capitals) Signature



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Book II, Part II, Annex B, Page 2



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Book II, Part II, Annex C, Page 1

ANNEX C. KEY PERSONNEL The following personnel shall be subject to the stipulations contained in Clause 18 (KEY PERSONNEL) of Part II for the period of designation indicated below.

Position Labour Category Name Designation Period

Project Manager Project Manager EDC thru Contract completion

Technical Lead Senior Systems Engineer

EDC thru Contract completion

Test Director Senior Test Engineer







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Book II, Part II, Annex D, Page 1

ANNEX D. CONTRACTOR AND SUBCONTRACTOR BACKGROUND IPR

a. The Contractor Background IPR specified in the table below will be used for the purpose of carrying out work pursuant to the prospective Contract.

IPR DESCRIPTION

IPR OWNER

REMARKS/RESTRICTIONS1

b. The Contractor represents that it has and will continue to have, for the duration of this Contract, all necessary rights in and to the IPR specified above necessary to meet the Contractor’s obligations under the Contract.

c. The Contractor Background IPR stated above complies with the terms specified in Clause 20 of the Special Contract Provisions and shall be licensed to the Purchaser according to the terms and conditions specified in the Contract, and more particularly, in accordance with Clause 21 of the Special Contract Provisions and Clause 30 of the NC3O General Contract Provisions.

1 Indicate whether the IPR is applicable to a COTS product as defined in Clause 1.2.2 of the Special Contract Provisions



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Book II, Part II, Annex F, Page 1

ANNEX E. THIRD PARTY IPR a. The Subcontractor and Third Party Background IPR specified in the table

below will be used for the purpose of carrying out work pursuant to the prospective Contract.

IPR DESCRIPTION

IPR OWNER

REMARKS/RESTRICTIONS2

b. The Contractor represents that it has and will continue to have, for the duration of this Contract, all necessary rights in and to the IPR specified above necessary to meet the Contractor’s obligations under the Contract.

c. The Subcontractor and Third Party Background IPR stated above complies with the terms specified in Clause 20 of the Special Contract Provisions and shall be licensed to the Purchaser according to the terms and conditions specified in the Contract, and more particularly, in accordance with Clause 21 of the Special Contract Provisions and Clause 30 of the NC3O General Contract Provisions.

2 Indicate whether the IPR is applicable to a COTS product as defined in Clause 1.2.2 of the Special Contract Provisions



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ANNEX F. INSTRUCTIONS FOR COMPLETING A CONTRACTOR PRICING SUMMARY This annex contains instructions on how to fill out the Pricing Summary form (ANNEX G to Part II), which must be sent by the Contractor, in addition to relevant pricing and non-pricing data, to properly document a request for price adjustment under applicable clauses of the Contract. 1. DIRECT MATERIAL 1.1 Purchased Parts: Provide a consolidated priced summary of individual material quantities included in the various tasks, orders, or Contract line items being proposed and the basis for pricing (vendor quotes, invoice prices, etc.). Give details on an attached schedule. 1.2 SubContracted Items: Show the total cost of subContract effort. 1.3 Other:

(i) Raw Material: Consists of material in a form or state that requires further processing. Provide priced quantities of items required for the proposal. Show total cost and give details on an attached schedule.

(ii) Standard Commercial Items: Consists of items that the

Contractor normally fabricates, in whole or in part, and that are generally stocked in inventory. Provide an appropriate explanation of the basis for pricing on attached schedule.

2. MATERIAL OVERHEAD 2.1 This is the overhead charged to prices for material handling and/or other overhead associated with material costs. This may or may not apply to your prices. 3. DIRECT LABOUR 3.1 Show the hourly rate and the total hours for each individual (if known) and discipline of direct labour proposed. Indicate whether actual rates or escalated rates are used. If escalation is included, state the degree (percent) and rationale used. 4. LABOUR OVERHEAD



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4.1 This is labour overhead. 5. OTHER DIRECT COSTS 5.1 Special Tooling/Equipment. Identify and support specific equipment and unit prices. Use a separate schedule if necessary. 5.2 Travel. Identify and support each trip proposed and the persons (or disciplines) designated to make each trip. Identify and support transportation and per diem rates. 5.3 Individual Consultant Services. Identify and support the proposed contemplated consulting. State the amount of services estimated to be required and the consultant’s quoted daily or hourly rate. 5.4 Other Costs. List all other direct charge costs not otherwise included in the categories described above (e.g., services of specialized trades, computer services, preservation, packaging and packing, travel costs, leasing of equipment) and provide bases for pricing. 6. GENERAL AND ADMINISTRATIVE EXPENSE 6.1 This is the overhead charged for SG&A or G&A. 7. FEE OR PROFIT 7.1 Enter this total of all proposed Fee or Profit. 8. OTHER FACTORS 8.1 This would be any other overhead factors applied to Contractor prices. 9. GRAND TOTAL 9.1 This is the Contractor final FFP total and should in essence match the total

price claimed in the proposal for adjustment.



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Book II, Part II, Annex I

ANNEX G. CONTRACTOR PRICING SUMMARY

A. PURCHASED PARTS B. SUBCONTRACTED ITEMS C. OTHER- (1)Raw Material (2) Standard Commercial Items (COTS)

TOTAL DIRECT MATERIAL 2. MATERIAL OVERHEAD (RATE % X TOTAL EST COST € BASE) 3. DIRECT LABOR (INDICATE LABOR CATEGORIES) EST HRS RATE/HR RATE € TOTAL EST COST

€ REFERENCE (CLIN)

TOTAL DIRECT LABOR 4. LABOR OVERHEAD O.H. RATE (X) BASE

TOTAL LABOR OVERHEAD 5. OTHER DIRECT COSTS QUANTITY UNIT COST UNIT COST € TOTAL EST COST

€ REFERENCE A. SPECIAL EQUIPMENT/CFE/NFE

TOTAL SPECIAL EQUIPMENT B. TRAVEL (1) TRANSPORTATION (2) PER DIEM

TOTAL TRAVEL C. CONSULTANTS OTHER SERVICES

TOTAL INDIVIDUAL CONSULTANT SERVICES D. OTHER

TOTAL OTHER SUBTOTAL DIRECT COST & OVERHEAD

6. GENERAL & ADMINISTRATIVE (G&A) (RATE % X TOTAL EST COST € BASE) 7. TOTAL ESTIMATED FEE/ PROFIT % 8. OTHER FACTORS 9. GRAND TOTAL NOTES: Please indicate pricing details for those categories specified as "Other" inluding "Other Factors." If currency is not Euro, please indicate currency of the bid.

CONTRACTOR PRICING SUMMARY DETAILED DESCRIPTION OF COST ELEMENTS

1. DIRECT MATERIAL QUANTITY UNIT COST UNIT COST € TOTAL EST COST € REFERENCE



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ANNEX H. PROGRESS PAYMENT SCHEDULE (CLAUSE 6 SPECIAL PROVISIONS)

Payment Milestones Payment Measure

Work Package 1

Monthly payments to accrue at the end of each 30 calendar days period for the entire duration of the Contract.

In the measure equal to the total amount of WP 1 as listed in the Contract Schedule of Supplies and Services divided by the number of 30 days periods provided for in the Contract Project Master Schedule.

Work Package 2

Enterprise Portal

Project Management Plan, PWBS and PMS Accepted

10% of Total WP 2 Price

At successful completion of System Requirement Review


At successful completion of Critical Design Review 20% of Total WP 2 Price

At successful completion of Product Baseline Review


At successful completion of CIAV Tests 30% of Total WP 2 Price

At successful achievement of PSA 5% of Total WP 2 Price

At successful completion of FSA 5% of Total WP 2 Price

Work Package 3

Text Chat








At successful completion of Fit for Purpose Testing


At successful completion of Pre-Deployment Review




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Work Package 4

Track Augmentation








At successful completion of System Integration Testing




Work Package 5

C2 Interoperability














Work Package 6

Software License

Management












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Book II, Part II, Annex J

ANNEX I. TEMPLATE OF ECP SIGNATURE PAGE 1. Contract: CO-13345-AMN12 2. ECP Sequential Number3:

3. Requestor4:

4. Description and Rationale for changes being proposed

[INDICATE IN DESCRIPTIVE TERM THE REASONS UNDERLINING THE NEED FOR A CHANGE,

RESULTING BENEFITS AND/OR RELATED RISKS.

[DESCRIBE IN DETAILED AND BULLETTED FORMAT THE CHANGES BEING PROPOSED]

[WHERE THE ECP BEING SUBMITTED IS THE RESULT OF AN INVESTIGATIVE ACTION REQUESTED BY

THE PURCHASER INDICATE SUCH CIRCUMSTANCE AND ANY RELEVANT RECCOMANDATION

ASSOCIATED WITH THE IMPLEMENTATION OF THE ECP]

[INDICATE SCHEDULE CONSTRAINS ASSOCIATE WITH ECP APPROVAL]

5. Impact on Project / Contract (other than price)

[INDICATE IN DESCRIPTIVE TERM AND IN DETAIL THE IMPACT IN TERMS OF SCHEDULE OR

ACTIVITIES OR IN ANY OTHER PROJECT DOMAIN RESULTING FROM THE IMPLEMENTATION OF THE

CHANGES BEING PROPOSED]

3 ECP sequential numbers shall be unique and continuous regardless of the status of the ECP (pending / approved / rejected) 4 Indicate requestor in terms of NC3A or Purchaser

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6. Impact on Contract Price [INDICATE THE COST IMPACT IN TERMS OF OVERALL INCREMENT OR DECREMENT OF CONTRACT

PRICE, IDENTIFY ON WHICH CONTRACT SCHEDULE OF SUPPLIES AND SERVICES CLINs THE CHANGES

WILL OCCUR , IN WHICH MEASURE FOR EACH CLIN AND FOR WHICH ACTIVITY IDENTIFIED IN BLOCK

4.]

7. Contract documents to be revised as a result of ECP approval

[LIST CONTRACT DOCUMENTATION TO BE REVISED AS A RESULT OF ECP APPROVAL]

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Attachments to ECP (Check as appropriate)

Revised Schedule of Supplies and Services5

Complete cost break-down sheets6

Revised Statement of Work and/or Annexes7

Other documents (Specify __________________________)8

Submitted by

________________________________ (Company Name and POC Contact Details)

________________________________ (Signature)

Purchaser Determination

________________________________ (APPROVED / REJECTED)

________________________________ (Signature)

________________________________ (Contracting Officer Name)

5 Include document and check if Block 6 of the ECP is to be filled 6 Include document and check if Block 6 of the ECP is to be filled 7 Include document and check if Block 7 of the ECP is to be filled 8 Include document and check if Block 7 of the ECP is to be filled


CONTRACT

FOR


PART III – NC3O GENERAL CONTRACT PROVISIONS


Book II, Part III – Contract General Provisions

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Book II, Part III, Page 2

PART III – NC3O GENERAL CONTRACT PROVISIONS

1. ORDER OF PRECEDENCE

2. DEFINITION OF TERMS AND ACRONYMS

3. AUTHORITY

4. APPROVAL AND ACCEPTANCE OF CONTRACT TERMS

5. LANGUAGE

6. AUTHORISATION TO PERFORM/COMFORMANCE TO NATIONAL LAWS AND REGULATIONS

7. FIRM FIXED PRICE CONTRACT


9. PARTICIPATING COUNTRIES

10. SUB-CONTRACTS

11. SECURITY

12. RELEASE OF INFORMATION

13. PURCHASER FURNISHED PROPERTY

14. CONTRACTOR'S PERSONNEL WORKING AT PURCHASER'S FACILITIES

15. HEALTH, SAFETY AND ACCIDENT PREVENTION

16. CHANGES

17. STOP WORK ORDER

18. CLAIMS


20. NOTICE OF SHIPMENT AND DELIVERY

21. INSPECTION AND ACCEPTANCE OF DELIVERABLES AND SERVICES



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22. INSPECTION AND ACCEPTANCE OF DOCUMENTATION

23. USE AND POSSESSION PRIOR TO ACCEPTANCE

24. OWNERSHIP AND TITLE

25. INVOICES AND PAYMENT

26. TAXES AND DUTIES

27. WARRANTY OF DELIVERABLES

28. RIGHT OF ACCESS, EXAMINATION OF RECORDS

29. PATENT AND COPYRIGHT INDEMNITY

30. INTELLECTUAL PROPERTY

31. NATO CODIFICATION

32. RELEASE FROM CLAIMS

33. ASSIGNMENT OF CONTRACT

34. TRANSFER AND SUB-LETTING

35. PURCHASER DELAY OF WORK

36. CONTRACTOR NOTICE OF DELAY


38. TERMINATION FOR DEFAULT

39. TERMINATION FOR THE CONVENIENCE OF THE PURCHASER

40. APPLICABLE LAW

41. DISPUTES

42. ARBITRATION

43. SEVERABILITY

ANNEX: PURCHASER’S PRICING PRINCIPLES



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1. ORDER OF PRECEDENCE In the event of any inconsistency in language, terms or conditions of the various parts of this Contract, precedence will be given in the following order:

1.1. The Signature Page;

1.2. The Contract Schedules, Part I;

1.3. The Contract Special Provisions, Part II;

1.4. The Contract General Provisions, Part III;

1.5. The Statement of Work, Part IV of the Contract and Annexes thereto;

2. DEFINITIONS OF TERMS AND ACRONYMS

2.1. Assembly

The term “Assembly” as used herein means an item forming a portion of equipment that can be provisioned and replaced as an entity and which normally incorporates replaceable parts or groups of parts.

2.2. Claims

A written demand or written assertion by one of the Parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of Contract terms, or other relief arising under or in relation to this Contract. A claim arising under the Contract shall clearly identify the Contract Clause or Article which provides for the relief sought by the Party.

2.3. Clause

A provision of the Special or General Provisions of this Contract.

2.4. Codification Authority

The National Codification Bureau (NCB) or Authorised Agency of the country in which the Deliverables are produced.



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2.5. Contract

The agreement concluded between the Purchaser and Contractor, duly signed by both contracting parties. The Contract includes the documents referred to in Clause 1 (Order of Preference).

2.6. Contracting Authority

The General Manager of the NATO C3 Agency, the Deputy General Manager of the NATO C3 Agency, the Chief of Contracts of the NATO C3 Agency or the authorised representatives of the Chief of Contracts of the NATO C3 Agency.

2.7. Contractor

The person or legal entity from a Participating Country which has signed this Contract and is a Party thereto.

2.8. Contractor Background IPR

Any IPR owned by the Contractor or licensed by a third party to the Contractor which is not created in the course of or as the result of work undertaken for any purpose contemplated by the Contract, but which is needed for the performance of the Contract or for the exploitation of Foreground IPR.

2.9. Day

A calendar day

2.10. Defect

Any condition or characteristic in any Deliverable furnished by the Contractor under the Contract that is not in compliance with the requirements of the Contract.

2.11. Deliverable

Any and all goods (including movable and immovable goods) to be delivered pursuant to the terms of this Contract including, without limitation, building,



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raw materials, components, intermediate Assemblies, Parts, end products, equipment, documentation, data, software.

2.12. Design Defect

Defect attributable to improper design or incompatibility, unsuitability or erroneous application of theory, drawings or formulae.

2.13. Effective Date of Contract (or “EDC”)

The date upon which this Contract is deemed to start. Unless otherwise specified, a contract enters into force on the date of the last signature of the Contract by the Parties.

2.14. Failed Component

Any Assembly, Sub-Assembly, component or Part which ceases to perform in a manner consistent with its intended use and specifications of the Contract.

2.15. Foreground IPR

Any IPR created by the Contractor or any subcontractor of the Contractor in the course of or as the result of work undertaken for any purpose contemplated by the Contract.

2.16. IPR

Any intellectual property rights of any qualification irrespective of their stage of development or finalisation, including but not limited to patents, trade marks (registered of not), designs and models (registered or not) and applications for the same, copyright (including on computer software), rights in databases, know-how, confidential information and rights in records (whether or not stored on computer) which includes technical and other data and documents.

2.17. Manufacturing Defect

Defect attributable to improper manufacturing processes, testing or quality control procedures.



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2.18. NATO

The North Atlantic Treaty Organisation, including its subsidiary entities, military structures (including military operations and exercises), organisations, agencies and project offices. The term NATO includes member nation governments to the extent that such governments are engaged in NATO Purposes. Unless otherwise specified in the Contract, the term NATO does not include member nation governments acting in a national capacity for national purposes.

2.19. NATO C3 AGENCY (NC3A)

The NATO Consultation, Command and Control Agency. The NC3A is part of the NC3O. The General Manager of the Agency is authorised to enter into contracts on behalf of the NATO C3 Organisation.

2.20. NATO C3 ORGANISATION (NC3O)

The NATO Consultation, Command and Control Organisation. The NATO C3 Organisation constitutes an integral part of the North Atlantic Treaty Organisation (NATO) The NATO C3 Organisation is the legal personality from whence flows the authority of its agent, the NATO C3 Agency, to enter into contracts.

2.21. NATO Purposes

Activities conducted by or on behalf of NATO to promote the common defence and common interests of the member nations, such as, among others, NATO operations, NATO competitive procurement, NATO training and NATO maintenance.

2.22. Part

The lowest component of an item replaceable through a maintenance action. This could include but not necessarily be limited to an Assembly, Sub-Assembly, module, printed circuit board or any single component such as a switch, plug, terminal, strip, fuse, fuse holder, IC, capacitor, resistor extender board, hardware item (i.e., nuts, panels, bolts, printed circuit board etc.,) installed on or in an Assembly, Sub-Assembly, module, or such other item which is or comprises an integral part of the equipment to be supplied under this Contract.



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2.23. Participating Country

A NATO member country that participates in financing the effort.

2.24. Parties

The Contracting Parties to this Contract, i.e., the Purchaser and the Contractor.

2.25. Purchaser

NATO C3 Organisation, as represented by the General Manager, NATO C3 Agency. The Purchaser is the legal entity who awards and administers the Contract and stands as one of the Contracting Parties.

2.26. Purchaser Background IPR

Any IPR owned by the Purchaser as of the Effective Date of Contract and which has been developed by, assigned to or licensed to, the Purchaser prior to the Effective Date of Contract.

2.27. Purchaser Furnished Property

Any item of equipment, material, document, technical data, information or any other item of property furnished by the Purchaser to the Contractor required or useful for the performance of the Contract, e.g. overhaul, repair, modification, test or embodiment. The Purchaser Furnished Property, if any, shall be detailed in the Contract.

2.28. Sub-Assembly

A portion of an Assembly consisting of two or more parts that can be provisioned and replaced as an entity. The definition purposely excludes components and/or Parts.

2.29. Sub-contract

Any agreement made by the Contractor with any third party in order to fulfil any part of the obligations under this Contract. Sub-contracts may be in any legal binding form, e.g., contract, purchase order, etc.



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2.30. Sub-contractor

Any person or legal entity directly or indirectly under Sub-contract to the Contractor in performance of this Contract.

2.31. Third Party IPR

Any IPR owned by a third party not being the Purchaser or the Contractor or its subcontractor, which is needed for the performance of the Contract or for the exploitation of Foreground IPR. This includes, for example, third party software, including open source software.

2.32. Work

Any Deliverable, any Service or any other activity to be performed by the Contractor under the terms of this Contract.

3. AUTHORITY

3.1. All binding contractual instruments and changes, including amendments, additions or deletions, as well as interpretation of and instructions issued pursuant to this Contract shall be valid only when issued in writing by the Purchaser and signed by the Contracting Authority only.

3.2. No direction which may be received from any person employed by the Purchaser or a third party shall be considered as grounds for deviation from any of the terms, conditions, specifications or requirements of this Contract except as such direction may be contained in an authorised amendment to this Contract or instruction duly issued and executed by the Contracting Authority. The principle of constructive change may not be invoked by the Contractor as a basis for Claims under this Contract.

3.3. The entire agreement between the Parties is contained in this Contract and is not affected by any oral understanding or representation, whether made previous to or subsequent to this Contract.

3.4. Personal notes, signed minutes of meetings, comments to delivered documentation and letters, e-mails and informal messages from project or other Purchaser staff which may indicate the intent and willingness to make changes to



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the Contract, do not implement the change to the Contract and shall not be used as a basis for claiming change to the Contract by the Contractor.

4. APPROVAL AND ACCEPTANCE OF CONTRACT TERMS

4.1. By his signature of the Contract, the Contractor certifies that he has read and unreservedly accepts and approves of all terms and conditions, specifications, plans, drawings and other documents which form part of and/or are relevant to the Contract. The Contractor further agrees that the terms of the Contract take precedence over any proposals or prior commitments made by the Contractor in order to secure the Contract. Contractor also hereby waives any and all rights to invoke any of the Contractor’s general and special terms and conditions of sales and/or supply.

5. LANGUAGE

5.1. All written correspondence, reports, documentation and text of drawings delivered to the Purchaser by the Contractor shall be in the English language.

6. AUTHORISATION TO PERFORM/CONFORMANCE TO NATIONAL LAWS AND REGULATIONS

6.1. The Contractor warrants that he and his Sub-contractors are duly authorised to operate and do business in the country or countries in which this Contract is to be performed and that he and his Sub-contractors have obtained or will obtain all necessary licences and permits required in connection with the Contract and that no claim for additional monies with respect to any costs to obtain the authorisations to perform will be made upon the Purchaser.

6.2. The Contractor acknowledges that he and his Sub-contractors are responsible during the performance of this Contract for ascertaining and complying with all the national and local laws, decrees, labour standards, environmental laws and health and safety regulations of such country or countries, in effect at the time of Contract signature or scheduled to go into effect during Contract performance. Failure to fully ascertain and comply with such laws, decrees, regulations or standards shall not be the basis for claims for change to the specifications, terms, conditions or monetary value of this Contract.

7. FIRM FIXED PRICE CONTRACT



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7.1. This is a Firm Fixed Price Contract. The Firm Fixed Price of this Contract is as stated on the Face Page of the Contract or any amendments thereto. The Purchaser assumes no liability for costs incurred by the Contractor in excess of the stated Firm Fixed Price except as may be authorised under certain provisions of this Contract.


8.1. As a guarantee of performance under the Contract, the Contractor shall deposit with the Purchaser within thirty (30) calendar days from the Effective Date of Contract a bank guarantee (the “Performance Guarantee”) to the value of ten per cent (10%) of the total Contract price.

8.2. The Performance Guarantee, the negotiability of which shall not elapse before the expiration of the warranty period, or such other period as may be specified in the Contract, shall be made payable to the Purchaser and shall be in the form of certified cheques or a Standby Letter of Credit subject to the agreement of the Purchaser. In the case of a Standby Letter of Credit, payment shall be made to the Purchaser without question and upon first demand by the Purchaser against a certificate from the Purchaser's Contracting Authority that the Contractor has not fulfilled its obligations under the Contract. The Contractor shall have no right to enjoin or delay such payment.

8.3. Certified Cheques issued to fulfil the requirements of the Performance Guarantee will be cashed by the Purchaser upon receipt and held in the Purchaser's account until the term of the Performance Guarantee has expired.

8.4. The standby letter of credit shall be subject to Belgian Law and financial practices and shall be issued by a Belgian bank or a Belgian affiliate of a non-Belgian bank licensed to operate in Belgium, unless otherwise specified by the Purchaser.

8.5. The Contractor shall request in writing relief from the Performance Guarantee upon expiration of the warranty period or such other period as may be specified in the Contract and such relief will be granted by the Purchaser.

8.6. The Contractor shall be responsible, as a result of duly authorised adjustments in the total contract price and/or period of performance by the Purchaser, for obtaining a commensurate extension and increase in the Performance Guarantee, the value of which shall not be less than ten per cent (10%) of the total contract price (including all amendments), and for depositing such guarantee with the Purchaser, within thirty (30) calendar days from the



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effective date of aforesaid duly authorised adjustment.

8.7. The failure of the Contractor to deposit and maintain such Performance Guarantee with the Purchaser within the specified time frame, or any extension thereto granted by the Purchaser's Contracting Authority, is a material breach of the Contract terms and conditions subject to the provisions of the Contract regarding Termination for Default.

8.8. The rights and remedies provided to the Purchaser under the present Clause are in addition to any other rights and remedies provided by law or under this Contract. The certificate described in Clause 8.2 above shall not be regarded as a Termination for Default and this Clause is in addition to and separate from the Clause of the Contract detailing termination for default.

8.9. If the Contractor elects to post the Performance Guarantee by Standby Letter of Credit, the form of the document shall be substantially as follows:

PERFORMANCE GUARANTEE STANDBY LETTER OF CREDIT

Standby Letter of Credit Number: Issue Date: ________________ Initial Expiry Date: _________________ Final Expiry Date: _________________ Beneficiary: NATO C3 Agency, Financial Management Office Boulevard Leopold III, B-1110, Brussels Belgium 1. We hereby establish in your favour our irrevocable standby letter of credit

number {number} by order and for the account of (NAME AND ADDRESS OF CONTRACTOR) in the amount of _______________________________________. We are advised this undertaking represents fulfilment by (NAME OF CONTRACTOR) of certain performance requirements under Contract No. ______________________ dated ____________________ between the NATO C3 Agency (“NC3A”) and (NAME OF CONTRACTOR).

2. We hereby engage with you that drafts drawn under and in compliance with the

terms of this letter of credit will be duly honoured upon presentation of documents to us on or before the expiration date of this letter of credit.

3. Funds under this letter of credit are available to you without question or delay

against presentation of a certificate signed by the NATO C3 Agency Contracting Officer which states:



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“(NAME OF CONTRACTOR) has not fulfilled its obligations under Contract No. __________ dated _________ between NATO C3 Agency and (NAME OF CONTRACTOR) (herein called the “Contract”), and the NATO C3 Agency, as beneficiary, hereby draws on the standby letter of credit number ________ in the amount of € (Amount up to the maximum available under the LOC), such funds to be transferred to the account of the Beneficiary number ___________________(to be identified when certificate is presented).”

Such certificate shall be accompanied by the original of this letter of credit.

4. This Letter of Credit is effective the date hereof and shall expire at our office

located at (Bank Address) on _________________. All demands for payment must be made prior to the expiry date.

5. It is a condition of this letter of credit that the expiry date will be automatically

extended without amendment for a period of one (1) year from the current or any successive expiry date unless at least 90 (ninety) calendar days prior to the then current expiry date we notify you by registered mail and notify (NAME OF CONTRACTOR) that we elect not to extend this letter of credit for such additional period. However, under no circumstances will the expiry date extend beyond ______________________ (“Final Expiry Date”) without amendment.

6. We may terminate this letter of credit at any time upon 90 (ninety) calendar

days notice furnished to both (NAME OF CONTRACTOR) and the NATO C3 Agency by registered mail.

7. In the event we (the issuing bank) notify you that we elect not to extend the

expiry date in accordance with paragraph 6 above, or, at any time, to terminate the letter of credit, funds under this credit will be available to you without question or delay against presentation of a certificate signed by the NATO C3 Agency Contracting Officer which states:

“The NATO C3 Agency has been notified by {issuing bank} of its election not to automatically extend the expiry date of letter of credit number {number} dated {date} pursuant to the automatic renewal clause (or to terminate the letter of credit). As of the date of this certificate, no suitable replacement letter of credit, or equivalent financial guarantee has been received by the NATO C3 Agency from, or on behalf of (NAME OF CONTRACTOR). (NAME OF CONTRACTOR) has, therefore, not fulfilled its obligations under Contract No. _______________ dated _____________ between NATO C3 Agency and (NAME OF CONTRACTOR), and the NATO C3 Agency, as beneficiary, hereby draws on the standby letter of credit



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number ________ in the amount of €(Amount up to the maximum available under the LOC), such funds to be transferred to the account of the Beneficiary number ___________________ (to be identified when certificate is presented).”

Such certificate shall be accompanied by the original of this letter of credit and a copy of the letter from the issuing bank that it elects not to automatically extend the standby letter of credit, or terminating the letter of credit.

8. The Beneficiary may not present the certificate described in paragraph 7 above

until 20 (twenty) calendar days prior to a) the date of expiration of the letter of credit should {issuing bank} elect not to automatically extend the expiration date of the letter of credit, b) the date of termination of the letter of credit if {issuing bank} notifies the Beneficiary that the letter of credit is to be terminated in accordance with paragraph 6 above.

9. Multiple partial drawings are allowed to the maximum value of the standby

letter of credit. 10. This letter of credit sets forth in full the terms of our undertaking, and this

undertaking shall not in any way be modified, amended, or amplified by reference to any document, instrument, or agreement referred to herein (except the International Standby Practices (ISP 98) hereinafter defined) or in which this letter of credit is referred to or to which this letter of credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement.

11. This Letter of Credit is subject to The International Standby Practices-ISP98

(1998 Publication) International Chamber of Commerce Publication No.590.

9. PARTICIPATING COUNTRIES

9.1. Unless prior written authorisation of the Purchaser has been obtained, none of the Work, including project design, labour and services, shall be performed other than by firms from and within NATO Participating Countries. The Participating Countries shall be listed in the Special Terms and Conditions of this Contract.

9.2. Unless prior written authorisation of the Purchaser has been obtained, no material or items of equipment down to and including identifiable Sub-Assemblies shall be manufactured or assembled by a firm other than from and within a NATO Member Nation.

9.3. Unless prior written authorisation of the Purchaser has been obtained, the intellectual property rights for all software and documentation incorporated



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by the Contractor and/or its Sub-contractors into the deliverables of the Contract shall vest with persons or legal entities from and within NATO member nations and no royalties or licence fees for such software and documentation shall be paid by the Contractor to any source that does not reside within a NATO member nation.

9.4. Any modification in the nationality, ownership and/or change of control of the Contractor and/or its Sub-contractor(s) shall be immediately notified in writing to the Purchaser with all necessary details to allow the Purchaser to determine whether or not the Contractor and/or its Sub-contractors continue to comply with Clause 9.1 and 9.2 above. Non compliance with Clauses 9.1, 9.2 and 9.3 by the Contractor and/or its Subcontractor shall constitute ground for termination of this Contract under Clause 40 (Termination for Default).

10. SUB-CONTRACTS

10.1. The Contractor shall place and be responsible for the administration and performance of all Sub-contracts including terms and conditions which he deems necessary to meet the requirements of this Contract in full.

10.2. The Contractor shall not place any Sub-contracts outside the NATO Participating Countries without the prior written authorisation of the Purchaser.

10.3. Prior to the Sub-contractors being given access to any classified information, the Contractor shall ensure that any Sub-contractor that has a need to access classified information for the performance of any part of this Contract has been granted the appropriate facility and personnel security clearances by the Sub-contractor's national authorities and that such clearances are still in effect at the time the information is disclosed and remains in effect throughout the performance of the work to be carried out under the Sub-contract concerned.

10.4. The Contractor shall inform the Purchaser of each Sub-contract or order over a value of EUR 50,000 (or other currency equivalent) within thirty (30) calendar days from the execution of such Sub-contract or order. The information shall include the name and details of the Sub-contractor as well as information on the Work that shall be carried out by that Sub-contractor.

10.5. The Contractor shall seek the approval in writing of the Purchaser prior to the placing of any Sub-contract if:

10.5.1. the Sub-contract was not part of the Contractor’s original proposal; and



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10.5.2. the value of the Sub-contract is known or estimated to exceed EUR 250,000.00 (or other currency equivalent); or

10.5.3. the Sub-contract is one of a number of Sub-contracts with a single Sub-contractor for the same or related Work under this Contract that in the aggregate are known or expected to exceed EUR 250,000.00 (or other currency equivalent).

10.6. The Contractor shall submit a copy of any such proposed Sub-contract when seeking approval to the Contracting Authority but such approval by the Contracting Authority shall in no way relieve the Contractor of his responsibilities to fully achieve the contractual and technical requirements of this Contract. Without prejudice to other provisions of this Contract, the Contractor may omit or remove the Sub-contractor pricing data from the copy of the proposed Sub-contract submitted for approval to the Contracting authority.

10.7. The Contractor shall, as far as practicable, select Sub-contractors on a competitive basis consistent with the objectives and requirements of the Contract.

11. SECURITY

11.1. The Contractor shall comply with all security measures as are prescribed by the Purchaser and the national security authority or designated security agency of each of the NATO countries in which the Contract is being performed. The Contractor shall be responsible for the safeguarding of classified information, documentation, material and equipment entrusted to him or generated by him in connection with the performance of the Contract.

11.2. In particular the Contractor undertakes to:



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11.2.1. appoint an official responsible for supervising and directing security measures in relation to the Contract and communicating details of such measures to the Purchaser on request;

11.2.2. 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;

11.2.3. abstain from copying by any means, without the authorisation of the Purchaser, the national security authority or designated security agency, any classified documents, plans, photographs or other classified material entrusted to him;

11.2.4. 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;

11.2.5. 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 of issue, the date of expiration and the level of clearance;

11.2.6. 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;

11.2.7. limit the dissemination of NATO classified information to the smallest number of persons (“need to know basis”) as is consistent with the proper execution of the Contract;

11.2.8. comply with any request from the national security authority or designated security agency that persons entrusted with NATO classified information sign a statement undertaking to safeguard that information and signifying 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;

11.2.9. report to the national security authority or designated security agency any breaches, suspected breaches of security, suspected sabotage, or other matters of security significance which would include any changes



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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 authority or designated security agency, e.g. reports on the holdings of NATO classified material;

11.2.10. apply to the Purchaser for approval before Sub-contracting any part of the work, if the Sub-contract would involve that the Sub-contractor would have access to NATO classified information, and to place the Sub-contractor under appropriate security obligations no less stringent than those applied to his own contract;

11.2.11. undertake not to utilise, other than for the specific purpose of the Contract, without the prior written permission of the Purchaser 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 the Purchaser. Such NATO classified information will be returned at such time as the Purchaser or his authorised representative may direct;

11.2.12. classify any produced document with the highest classification of the NATO classified information disclosed in that document.

12. RELEASE OF INFORMATION

12.1. Except as otherwise specified elsewhere in the Contract and to the extent that it is demonstratively unavoidable and without prejudice to the Clause 11 (Security), the Contractor and/or his employees shall not, without prior authorisation from the Purchaser, release to third parties any information pertaining to this Contract including its existence, its subject matter, performance thereunder or any other aspect thereof.

12.2. The Contractor shall seek the prior written approval of the Purchaser before publishing any press release or disclosing any other information, orally or in writing, in relation to the Contract. The approval of the Purchaser shall be required for both the opportunity and the content of the information. The requirement of Clause 12.2 shall remain in effect for a period of one (1) year upon completion or termination of this Contract, unless such period of time is extended by and mutually agreed upon in writing by the Parties.



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12.3. This provision shall remain in effect after the termination of the Contract and shall cease to apply to any particular piece of information once that information becomes public knowledge other than through an act, default or omission of the Contractor or its Sub-contractors.

13. PURCHASER FURNISHED PROPERTY

13.1. The Purchaser shall deliver to the Contractor, for use only in connection with this Contract, the Purchaser Furnished Property at the times and locations stated in the Contract. In the event that Purchaser Furnished Property is not delivered by such time or times stated in the Schedule, or if not so stated, in sufficient time to enable the Contractor to meet such delivery or performance dates the Purchaser shall, upon timely written request made by the Contractor, and if the facts warrant such action, equitably adjust any affected provision of this Contract pursuant to Clause 16 (Changes).

13.2. In the event that Purchaser Furnished Property is received by the Contractor in a condition not suitable for its intended use, the Contractor shall immediately notify the Purchaser. The Purchaser shall within a reasonable time of receipt of such notice replace, re-issue, authorise repair or otherwise issue instructions for the disposal of Purchaser Furnished Property agreed to be unsuitable. The Purchaser shall, upon timely written request of the Contractor, equitably adjust any affected provision of this Contract pursuant to Clause 16 (Changes).

13.3. Title to Purchaser Furnished Property will remain in the Purchaser. The Contractor shall maintain adequate property control records of Purchaser Furnished Property in accordance with sound industrial practice and security regulations.

13.4. Unless otherwise provided in this Contract, the Contractor, upon delivery to him of any Purchaser Furnished Property, assumes the risk of, and shall be responsible for, any loss thereof or damage thereof except for reasonable wear and tear, and except to the extent that Purchaser Furnished Property is consumed in the performance of this Contract.

13.5. Upon completion of this Contract, or at such earlier dates as may be specified by the Purchaser, the Contractor shall submit, in a form acceptable to the Purchaser, inventory schedules covering all items of Purchaser Furnished Property not consumed in the performance of this Contract or not returned to the Purchaser. The Contractor shall prepare for shipment, deliver DDP, or otherwise dispose of Purchaser Furnished Property as may be directed or authorised by the Purchaser. The net proceeds of any such disposal shall be credited to the



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Contract price or paid to the Purchaser in such other manner as the Purchaser may direct.

13.6. The Contractor shall not modify any Purchaser Furnished Property unless specifically authorised by the Purchaser or directed by the terms of the Contract.

13.7. The Contractor shall indemnify and hold the Purchaser harmless against claims for injury to persons or damages to property of the Contractor or others arising from the Contractor’s possession or use of the Purchaser Furnished Property. The Contractor shall indemnify the Purchaser for damages caused by the Contractor to the Purchaser, its property and staff and arising out of the Contractor’s use of the Purchaser Furnished Property.

14. CONTRACTOR'S PERSONNEL WORKING AT PURCHASER'S FACILITIES

14.1. The term "Purchaser Facilities" as used in this Clause shall be deemed to include sites, property, utilities, ships or vessels and the term "Facility Representative" shall be deemed to refer to the authority designated by the Purchaser responsible for the site, property, utility, ship or vessel.

14.2. The Facility Representative shall provide such available administrative and technical facilities for Contractor's personnel working at Purchaser's Facilities for the purpose of the Contract as in the opinion of the Facility Representative may be necessary for the effective and economical discharge of Work. These Facility Representative shall also determine whether these facilities will be provided free of charge to the Contractor or determine what charges are payable. The Contractor shall have no claim against the Purchaser for any such additional cost or delay or any additional cost or delay occasioned by the closure for holidays of said facilities, or other reasons, where this is generally published or made known to the Contractor by the Purchaser or his authorised representatives.

14.3. The Contractor shall, except as otherwise provided for in the Contract, make good or, at the option of the Purchaser, pay compensation for all damage occurring to any Purchaser's Facilities occasioned by the Contractor, his servants, agents or Sub-contractors, arising from his or their presence and activities in, and use of, the Purchaser’s Facilities; provided that this Condition shall not apply to the extent that the Contractor is able to show that any such damage was not caused or contributed to, by his neglect, or default or the neglect or default of his servants, agents or Sub-contractors, or by any circumstances within his or their control.



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14.4. All property of the Contractor while at a Purchaser Facility shall be at the risk of the Contractor, and the Purchaser shall accept no liability for any loss or damage, except to the extent that any loss or damage is the result of a wilful act or gross negligence on the part of the Purchaser's employees or agents.

15. HEALTH, SAFETY AND ACCIDENT PREVENTION

15.1. If the Purchaser notifies the Contractor in writing of any non-compliance in the performance of this Contract with safety and health rules and requirements prescribed on the date of this Contract by applicable national or local laws, ordinances and codes, and the Contractor fails to take immediate corrective action, the Purchaser may order the Contractor to stop all or part of the Work until satisfactory corrective action has been taken. Such an order shall not entitle the Contractor to an adjustment of the Contract price or other reimbursement for resulting increased costs, or to an adjustment of the delivery or performance schedule.

16. CHANGES

16.1. The Purchaser may at any time, by written order of the Contracting Authority designated or indicated to be a change order (“Change Order”) make changes within the general scope of this Contract, including, without limitation, in any one or more of the following:

16.1.1. Specifications (including drawings and designs);

16.1.2. Method and manner of performance of the work, including engineering standards, quality assurance and configuration management procedures;

16.1.3. Marking and method of shipment and packing;

16.1.4. Place of delivery;

16.1.5. Amount, availability and condition of Purchaser Furnished Property.

16.2. The Purchaser shall submit a proposal for Contract amendment describing the change to the Contract.



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16.3. If any such Change Order causes an increase in the Contractor's cost of, or the time required for, the performance of any part of the Work under this Contract, whether or not changed by any such order, the Contractor shall submit a written proposal for adjustment to the Purchaser describing the general nature and amount of the proposal for adjustment. The Contractor shall submit this proposal for adjustment within thirty (30) days after receipt of a written Change Order under (a) above unless this period is extended by the Purchaser.

16.4. If any such Change Order causes a decrease in the Contractor's cost of, or the time required for, the performance of any part of the Work under this Contract, whether or not changed by any such order, the Purchaser shall submit a proposal for adjustment within thirty (30) days from the issuance of the Change Order by submitting to the Contractor a written statement describing the general nature and amount of the proposal for adjustment.

16.5. Where the cost of property made obsolete or in excess as a result of a change is included in the Contractor's claim for adjustment, the Purchaser shall have the right to prescribe the manner of disposition of such property.

16.6. The Purchaser reserves the right to reject the introduction of the change, after the evaluation of the change proposal, even if the Purchaser initiated such change.

16.7. Failure to agree to any requested adjustment shall be a dispute within the meaning of the Clause 41 (Disputes). However, nothing in this Clause shall excuse the Contractor from proceeding with the Contract as changed.

16.8. No proposal for adjustment by the Contractor for an equitable adjustment shall be allowed if asserted after final payment and acceptance under this Contract.

16.9. Any other written or oral order (which, as used in this paragraph includes direction, instruction, interpretation, or determination) from the Purchaser that causes a change shall be treated as a Change Order under this Clause, provided, that the Contractor gives the Purchaser a written notice within thirty (30) Days after receipt of such order stating (i) the date, circumstances, and source of the order; (ii) that the Contractor regards the order as a Change Order; and (iii) a detailed cost and time analysis of the impact of the change, and that the Order is accepted in writing by the Purchaser as a Change Order. The timely written notice requirement, as detailed above, remains in force in all cases, even where, for example, the Purchaser has positive knowledge of the relevant facts.



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16.10. All tasks and activities carried out by the Contractor in relation to the processing of the Change Order or in relation to this Clause shall form part of the Contractor’s routine work and cannot be charged as additional work.

17. STOP WORK ORDER

17.1. The Purchaser may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the Work called for by this Contract for a period of ninety (90) days after the order is delivered to the Contractor, and for any further period to which the Parties may agree.

17.2. Any such stop work order shall be specifically identified as a stop work order issued pursuant to this Clause (the “Stop Work Order”). The Stop Work Order may include a description of the Work to be suspended, instructions concerning the Contractor’s issuance of further orders for material or services, guidance to the Contractor on actions to be taken on any Sub-contracts and any suggestion to the Contractor for minimizing costs.

17.3. Upon receipt of such a Stop Work Order, the Contractor shall forthwith comply with its terms and take all reasonable steps to minimise costs incurred allocable to the Work covered by the Stop Work Order during the period of work stoppage. Within a period of ninety (90) days after a Stop Work Order is delivered to the Contractor, or within any extension of that period to which the Parties shall have agreed, the Purchaser shall either:

17.3.1. cancel the Stop Work Order; or

17.3.2. terminate the Work covered by such Stop Work Order as provided in Clause 41 (Termination for Convenience of the Purchaser).

17.4. If a Stop Work Order issued under this Clause is cancelled or the period of the Stop Work Order or any extension thereof expires, the Contractor shall resume work.

17.5. An equitable adjustment shall be made in the delivery schedule or Contract price, or both, and the Contract shall be modified in writing accordingly, if:

17.5.1. the Stop Work Order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this Contract, and



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17.5.2. the Contractor asserts a Claim for such adjustment within thirty (30) days after the end of the period of work stoppage; provided that, if the Purchaser decides the facts justify such action, he may receive and act upon any such claim asserted at a later date but prior to final payment under this Contract.

17.6. If a Stop Work Order is not cancelled and the Work covered by such Stop Work Order is terminated for the convenience of the Purchaser the reasonable costs resulting from the Stop Work Order shall be allowed in arriving at the termination settlement.

18. CLAIMS

18.1. The Contractor shall assert Claims in writing and by registered mail. Claims shall be specifically identified as such and submitted within:

18.1.1. the time specified in the Clause under which the Contractor alleges to have a Claim. If no time is specified in the Clause under which the Contractor intends to base his Claim, the time limit shall be sixty (60) days from the date the Contractor has knowledge or should have had knowledge of the facts on which he bases his Claim; and

18.1.2. before final payment, or the release of the Performance Guarantee provided under the Contract, whichever occurs last. This shall only apply to those Claims for which the Contractor could not have had earlier knowledge and were not foreseeable.

18.2. The Contractor shall be foreclosed from his Claim unless he presents complete documentary evidence, justification and costs for each of his Claims within ninety (90) calendar days from the assertion date of such Claims. Claims shall be supported by specifically identified evidence (including applicable historical and planned cost and production data from the Contractor's books and records). Opinions, conclusions or judgmental assertions not supported by such evidence will be rejected by the Purchaser.

18.3. An individual breakdown of cost is required for each element of Contractor's Claims at the time of claim submission or for any material revision of the Claim.

18.4. The Contractor shall present, at the time of submission of a Claim, an attestation as follows:

I ....................................the responsible senior company



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official authorised to commit the ......................... with respect to its claims dated ...................................... being duly sworn, do hereby depose and say that: (i) the facts described in the claim are current, complete and accurate; and (ii) the conclusions in the claim accurately reflect the material damages or contract adjustments for which the Purchaser is allegedly liable.

..................................……….. ……………………………..

SIGNATURE Date



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18.5. Failure to comply with any of the above requirements shall result in automatic forfeiture of the Claim. This foreclosure takes effect in all cases and also where, for example, the Claim is based on additional orders, where the facts are known to the Purchaser, where the Claim is based on defective specifications of the Purchaser or an alleged negligence in the pre-contractual stage.

18.6. No Claim arising under this Contract may be assigned by the Contractor without prior approval of the Purchaser.

18.7. The Contracting Authority will render a decision on any Claim submitted in accordance with the above procedures. The decision will be based on an assessment and evaluation of the facts presented by the Parties. For claims under EUR 100,000.00 or equivalent value in other currency, the Contracting Authority will render such decision within 60 Days of receipt of the Claim. For Claims over EUR 100,000.00 or equivalent value in other currency, the Contracting Authority will notify the Contractor of the approximate date on which the decision is expected to be rendered. This date may be extended by the Contracting Authority in order to fully gather and evaluate the facts surrounding a Claim, but the Contracting Authority may not unreasonably extend such an evaluation period.

18.8. Without prejudice to Clause 42 (Arbitration), the decision of the Contracting Authority shall be final.

18.9. The Contractor shall proceed diligently with performance of this Contract, pending final resolution of any request for relief, claim appeal, or action arising under the Contract, and comply with any decision of the Contracting Authority.


19.1. Contractor’s pricing proposals for Changes, amendments and Claims shall be priced in accordance with the Purchaser's Pricing Principles (Appendix 1 hereto) or the national government pricing rules and regulations for the Contractor's own country, where in force. The Contractor shall provide cost information accompanied by appropriate substantiation as required by the Purchaser in accordance with Purchaser’s Pricing Principles, or such other format as may be agreed between the Contractor and the Purchaser.

19.2. This Clause shall also apply to follow-on contracts of any nature including maintenance and supply of spare parts. Should such contracts be placed by SHAPE, NAMSA, other NATO Authorities or National Authorities of the Participating Countries, such organisations shall be entitled to all rights,



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powers and privileges that the Purchaser has under this Contract.

19.3. With respect to Clauses 19.1 and 19.2 above, when the price or price adjustment is based on adequate price competition, established catalogue or market price of commercial items sold in substantial quantities to the general public, or prices set by law or regulation, the Contractor shall be responsible for substantiation of such cases to the satisfaction of the Purchaser.

19.4. For the purposes of verifying that the cost or pricing data submitted in conjunction with Clause 19.1 and 19.2 above are accurate, complete and current, the Purchaser or any Purchaser authorised representative shall have the right of access to the Contractor's facilities to examine, until the expiration of three (3) years from the date of final payment of all sums due under the Contract:

19.4.1. those books, records, documents and other supporting data which will permit adequate evaluation and verification of the cost or pricing data submitted; and/or

19.4.2. the computations and projections which were available to the Contractor as of the date of the Contractor price proposal.

19.5. The Contractor, subject to the provisions of this Clause, shall require Sub-contractors to provide to the Purchaser, either directly or indirectly:

19.5.1. cost or pricing data;

19.5.2. access to Sub-contractor's facilities and records for the purposes of verification of such cost or pricing data; and

19.5.3. a Certificate of Current Cost or Pricing Data, when required.

19.6. If any price, including profit or fee, negotiated in connection with this Contract or any cost reimbursable under this Contract was increased because:

19.6.1. the Contractor furnished cost or pricing data which was not complete, accurate and current as certified in the Contractor's Certificate of Current Cost or Pricing Data provided in accordance with Clause 19.7 below;

19.6.2. a Sub-contractor, pursuant to Clause 19.5 above or any Sub-contract clause therein required, furnished cost or pricing data which was not complete, accurate and current as certified in the Sub-contractor's Certificate of Current Cost or Pricing Data;



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19.6.3. a Sub-contractor or prospective Sub-contractor furnished cost or pricing data which was required to be complete, accurate and current and to be submitted to support a Sub-contract cost estimate furnished by the Contractor but which was not compete, accurate and current as of the date certified in the Contractor's Certificate of Current Cost or Pricing Data; or

19.6.4. the Contractor or a Sub-contractor or prospective Sub-contractor furnished any data, not within (f)(i) through (iii) above, which, as submitted, was not complete, accurate and current;

then the price or cost shall be reduced accordingly and the Contract shall be modified in writing as may be necessary to reflect such reductions.

19.7. At the time of negotiating any price, including profit or fee, which is based upon the submission of cost or pricing data by the Contractor, the Contractor shall be required to submit a certificate of current cost or pricing data (“Certificate”).

19.7.1. Such Certificates will certify that, to the best of the Contractor's knowledge and belief, cost or pricing data submitted to the Purchaser in support of any proposal for a price, price adjustment or claim, are accurate, complete and current, as per the completion of the negotiations or, in the case of a claim, as per the submission date of the claim.

19.7.2. All such Certificates shall be in the format shown below and shall be dated and signed by a responsible officer of the company:

CERTIFICATE OF CURRENT COST OR PRICING DATA

This is to certify that, to the best of my knowledge and belief, cost or pricing data as submitted, either actually or by specific identification in writing to the Purchaser or his representative in support of......................................................(Claim, Amendment,

ECP#, etc.,) are accurate, complete and current as of .................................(Date).

__________________________________________________



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Name of Company

______________________________________________

____ Signature

______________________________________________

____ Printed Name of Signatory

__________________________________________________

Title of Signatory

__________________________________________________

Date of Signature

19.7.3. The Contractor shall insert the substance of this Clause 19.7 in each Sub-contract.

19.8. For all supplemental agreements which are made for Work which are furnished to the Purchaser without competition, the Contractor shall offer prices on a “Preferred Customer” basis, that is offer prices which are as favourable as those extended to any Government, Agency, Company, Organisation or individual purchasing or handling like quantities of equipment and/or Parts covered by the Contract under similar conditions. In the event that prior to completing 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 the Purchaser and the prices of such items shall be correspondingly reduced by a supplement to this Contract. Price in this sense means "Base Price" prior to applying any bonus, export tax reduction, turn-over tax exemptions and other reductions based on National Policies.

20. NOTICE OF SHIPMENT AND DELIVERY

20.1. Except as may be specified in the Special Contract Provisions, delivery of all items under this Contract shall be made by the Contractor on the basis of “Delivery Duty Paid” (DDP) as defined by the INCOTERMS 2000 (International



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Chamber of Commerce Publication No. 560). It shall be noted, however, that because the Purchaser is exempted from direct taxes and duty as set forth in Clause 26 (Taxes and Duties), there is no duty to be paid by the Contractor.

20.2. "Delivery" of required Work by the Contractor does not constitute "Acceptance" by the Purchaser for purposes of meeting the requirements of the Contract Schedule where Purchaser acceptance is the stated payment or schedule milestone.

20.3. Thirty (30) Days, or such other period as specified in the Contract, prior to the delivery of any shipment of Deliverables, the Contractor shall give prepaid notice of shipment to the Purchaser. The Notice of Shipment shall contain, as appropriate, the request for customs form 302, or equivalent document, which shall enable any carrier to conduct duty free import/export clearance through customs for the Purchaser on behalf of NATO.

20.4. The customs form 302 is an official customs clearance declaration issued in advance of shipment by the Purchaser to provide certified information as to the duty free import, export, or transit of NATO consignments between NATO countries.

20.5. The Notice of Shipment and request for Form 302 or equivalent document shall contain the following information:

20.5.1. Purchaser's Contract number;

20.5.2. Contract item number, designation and quantities;

20.5.3. destination;

20.5.4. number and description of the packages (gross and net weight);

20.5.5. description of the goods and their value (for custom purpose only, not commercial value)

20.5.6. consignor's name and address;

20.5.7. consignee's name and address;

20.5.8. method of shipment (i.e. road, rail, sea, air, etc.);

20.5.9. name and address of freight forwarder.



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20.6. Forwarding Agents, Carriers or other responsible organisations shall be informed by the Contractor of the availability of Form 302 or equivalent document and how the form shall be utilised to avoid the payment of custom duties. Form 302 or equivalent document shall be incorporated in all shipping documents provided to the carrier.

20.7. Upon receipt of the Notice of Shipment from the Contractor, the Purchaser may require the Contractor to send copies of the Notice of Shipment to the receiving parties and the Contractor shall comply with this requirement.

21. INSPECTION AND ACCEPTANCE OF DELIVERABLES AND SERVICES

21.1. Unless otherwise specifically provided for in the Contract, all Deliverables, Parts and equipment incorporated in the Work are to be new and of the most suitable grade of their respective kinds for the purpose, notwithstanding the requirements for testing, inspection and performance as required under this Contract. All workmanship shall be as specified under the Contract or, if no workmanship standards are specified, best commercial or “state of the art” complying with relevant (National and International) standards.

21.2. All Deliverables and services may be subject to inspection and test by the Purchaser or his authorised representative(s) to the extent practicable at times and places to be mutually agreed by the Parties prior to Acceptance, including the period of manufacture, or after delivery or as otherwise specified in the Contract. For the purposes of inspection and testing the Purchaser may delegate as his representative the authorised National Quality Assurance Representative (NQAR) in accordance with STANAG 4107.

21.3. No representative or NQAR appointed by the Purchaser for the purpose of determining the Contractor's compliance with the technical requirements of the Contract shall have the authority to change any of the specifications. Such changes may only be made by the Contracting Authority in writing in accordance with Clause 16 (Changes).

21.4. The presence or absence of an NQAR or other Purchaser representative shall not relieve the Contractor from conforming to the requirements of this Contract.

21.5. Acceptance or rejection of the Deliverables or services shall be made as promptly as practicable after delivery, except as otherwise provided in the Contract. Failure to timely accept or reject the Deliverables or services shall



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neither relieve the Contractor from responsibility for such Deliverables or services nor impose liability on the Purchaser.

21.6. In the event that any Deliverable, or lots thereof, or services are defective in design, material, workmanship or manufacturing quality, or as a result of undue wear and tear or otherwise not in conformity with the requirements of this Contract, including any characteristic or condition which is or becomes at variance to the performance specifications, to the intended function of the Deliverables or the function to which it could reasonably be expected that the Deliverable would perform, the Purchaser shall have the right either to reject them (with or without instructions as to their disposition) or to require their correction or replacement. Deliverables, or lots thereof or services which have been rejected or required to be corrected or replaced shall, at the expense of the Contractor, be removed, or, if permitted or required by the Contracting Authority, corrected in place by the Contractor promptly after notice, and shall not thereafter be tendered for acceptance by the Contractor unless the former rejection or requirement of correction or replacement is withdrawn. If the Contractor fails promptly to remove, replace or correct such Deliverables or lots thereof, or services, the Purchaser may either:

21.6.1. by contract or otherwise return, replace or correct such Deliverables or services and charge to the Contractor the cost incurred by the Purchaser; and/or

21.6.2. terminate this Contract for default as provided in Clause 38 (Termination for Default).

21.7. Unless the Contractor corrects or replaces such Deliverables or services within the delivery schedule, the Purchaser may require the delivery of such Deliverables or services at a reduction in price which is equitable under the circumstances. Failure to agree to such reduction of price shall be a dispute within the meaning of Clause 41 (Disputes).

21.8. If any inspection or test is made by the Purchaser's representatives on the premises of the Contractor or Sub-contractor, the Contractor, without additional charge, shall provide all reasonable facilities and assistance for the safety and convenience of the Purchaser's representatives in the performance of their duties. The NQAR or other Purchaser representatives shall have the right of access to any area of the Contractor's or his Sub-contractor's premises where any part of the contractual work is being performed.

21.9. If Purchaser inspection or test is made at a point other than the premises of the Contractor or Sub-contractor, it shall be at the expense of the Purchaser except as otherwise provided in this Contract; provided, that in case of



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rejection the Purchaser shall not be liable for any reduction in value of samples used in connection with such inspection or test.

21.10. All inspections and tests by the Purchaser shall be performed in such a manner as not to unduly delay the Work.

21.11. The Purchaser reserves the right to charge to the Contractor any additional cost of Purchaser inspection and test when Deliverables or services are not ready at the time such inspection and test is requested by the Contractor or when re-inspection or retest is necessitated by prior rejection.

21.12. Acceptance or rejection of the Deliverables or services shall be made as promptly as practicable after delivery, except as otherwise provided in this Contract, but failure to inspect and accept or reject Deliverables or services shall neither relieve the Contractor from responsibility for such Deliverables or services as are not in accordance with the Contract requirements nor impose liability on the Purchaser thereof.

21.13. The inspection and test by the Purchaser of any Deliverables or lots thereof, or services, 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.

21.14. Acceptance of Deliverables or services shall take place when the Contracting Authority confirms acceptance in writing of the Deliverables or services in accordance with the procedure specified in the Contract, or if none is so specified then the Contracting Authority shall be deemed to have accepted the Deliverables or services without prejudice to any other remedies, when and as soon as any of the following events have occurred:

21.14.1. the Purchaser has taken the Deliverables or services into use, except as specifically provided by Clause 23 (Use and Possession Prior to Acceptance);

21.14.2. the Purchaser has not exercised its right of rejection of the Deliverables or services within any period specified for that purpose in the Contract;

21.14.3. there being no period for exercising the right of rejection specified in the Contract, a reasonable time, all the circumstances having been taken into account, has elapsed since inspection of the Deliverables or services was effected in accordance with the Contract.



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21.15. Except as otherwise provided in this Contract, acceptance shall be conclusive except as regards latent defects, fraud, or such gross mistakes as amount to fraud.

21.16. Unless otherwise specified in this Contract, the Contractor shall have or establish, implement and maintain an effective and economical quality control system necessary to satisfy the Contract requirement. The system shall provide for the early and prompt detection of deficiencies, trends and conditions which could result in unsatisfactory quality and for timely and effective corrective action. Objective evidence that the system is effective shall be readily available to the Purchaser and its authorised representatives. Records of all inspection and testing work by the Contractor shall be kept complete and available to the Purchaser’s representatives during the performance of this Contract and for such longer periods as may be specified elsewhere in this Contract.

22. INSPECTION AND ACCEPTANCE OF DOCUMENTATION



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22.1. The Contractor shall provide to the Purchaser a draft version of the required documentation as provided by the Contract Schedule and the Statement of Work. Review of draft deliverable items under this Contract will be made by the Purchaser upon the delivery of these items by the Contractor. The review will be conducted by the Purchaser through duly authorised representatives.

22.2. Upon delivery of the draft deliverable items, the Purchaser will have a period of review as provided by the Statement of Work. At the end of the review period or before if deemed practical by the Purchaser, the Purchaser's comments will be presented to the Contractor in writing. The substance of such comments will pertain to items of error, non-conformity, omission and guidance in relation to the requirements of the Statement of Work.

22.3. Purchaser Review of the delivered items will emphasise the conformity with the requirements of the Statement of Work, thoroughness of analysis, logical bases of conclusions and models and coherence and completeness of presentation. The review process will also examine editorial and grammatical correctness and the suitability and accuracy of graphics supporting the text.

22.4. The Contractor shall, after receipt of Purchaser comments, incorporate changes, revisions and corrections required by the Purchaser and present the revised deliverable in final form to the Purchaser for inspection in accordance with the delivery date specified in the Schedule.

22.5. During the review process the Contractor is not required to halt efforts on further tasks as identified in the Statement of Work. The Purchaser, however, shall not be held liable for any work carried out by the Contractor which is based on draft deliverables yet to be reviewed.

22.6. Upon receipt of the items in final form, the Purchaser will inspect the items for a period not exceeding two weeks (or as otherwise stated in the Statement of Work). At the end of the inspection, the Purchaser will notify the Contractor that:



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22.6.1. the items have been accepted;

22.6.2. the acceptance of the items is deferred pending further revision; or

22.6.3. the items are rejected and significantly fail to meet Contract requirements.

22.7. In the case of Clause 22.6.2 above, the Contractor shall only be responsible for those revisions and corrections requested by the Purchaser and the Purchaser may not request additional revisions during inspection after required revisions have been made. However, if the Purchaser determines that a directed revision has not been made or if such directed revision was cause for revision of other portions of content which were not made by the Contractor, the Purchaser may withhold acceptance until such revisions are made by the Contractor.

22.8. The Contractor shall provide to the Purchaser on request supporting technical data, computer software, databases and background analyses in order to validate findings contained in the delivered items.

22.9. Purchaser acceptance shall be made in writing by the Contracting Authority.

23. USE AND POSSESSION PRIOR TO ACCEPTANCE

23.1. Except as otherwise provided in the Special Contract Provisions, in the case of military or civil exigency notified in writing by the Contracting Authority, the Purchaser shall have the right to take possession of, or use, any completed or partially completed Work or Deliverables under the Contract but such possession or use shall not constitute Acceptance by the Purchaser, as defined in the Contract.

23.2. If such prior possession or use by the Purchaser delays the progress of the Work or causes additional expense to the Contractor, an equitable adjustment in the Contract price or the time of delivery will be made, in accordance with the Clause 16 (Changes), and the Contract shall be modified in writing accordingly.

23.3. While the Purchaser has such use or is in such possession, the Contractor shall be relieved of the responsibility for loss or damage to the Deliverable(s) concerned other than that resulting from the Contractor's fault or negligence.



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24. OWNERSHIP AND TITLE

24.1. Except as may be otherwise stated in the Special Contract Provisions and Clause 23 (Use and Possession prior to Acceptance), ownership and title to all Deliverables will pass to the Purchaser only upon Acceptance by the Contracting Authority. Where the Contract provides for Provisional Acceptance and Final Acceptance, ownership and title will pass to the Purchaser upon written notification of Final Acceptance.

25. INVOICES AND PAYMENT

25.1. Unless otherwise specified in the Special Contract Provisions, invoices may only be submitted after delivery and Acceptance of the Deliverables or the acceptable performance of the services identified in the Schedule of Deliverables/Services and Prices of this Contract and for the total prices and currency(ies) specified per line item therein.

25.2. Invoices in respect of any Deliverables or services shall be prepared and submitted to the Purchaser and shall contain:

25.2.1. Contract number;

25.2.2. order number (if any);

25.2.3. accounting codes (as specified in this Contract);

25.2.4. item number (as defined in the Contract);

25.2.5. Contract description of Deliverables or services, sizes, quantities, unit prices, and extended totals (exclusive of taxes and duties for which relief is available); and

25.2.6. extended totals. Details of Bills of Lading or Freight Warrant numbers and weight of shipment shall be identified on each invoice as appropriate.

25.3. In addition, documentary evidence of Acceptance including copies of certificates of conformity shall be submitted together with each invoice. Invoices shall not be submitted to the Purchaser without Acceptance having been previously made by the Purchaser.



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25.4. All invoices shall be addressed to the “Financial Controller, NC3A” at the following address:

NC3A Financial Management Office (FMO) Boulevard Léopold III 1110 Brussels Belgium

25.5. Each copy of the invoice shall contain the following certificate which shall be signed by a duly authorised company official on the designated original invoice:

"I certify that the above invoice is true and correct, that the

delivery of the above described items has been duly carried out

and the payment thereof has not been received."

25.6. All invoices submitted shall include the address of the bank to which payment shall be made, together with pertinent information concerning sorting code and the Contractor’s account number. The Purchaser makes payment only by wire transfer and the wire transfer particulars shall be included on the invoice.

25.7. Invoices will be settled by the Purchaser within sixty (60) days of receipt of a properly prepared and submitted invoice.

26. TAXES AND DUTIES

26.1. The Purchaser, by virtue of his status under the terms of Article IX and X of the Ottawa Agreement, is exempt from all direct taxes (incl. VAT) and all customs duties on merchandise imported or exported. The Contractor, therefore, certifies that the prices stipulated in this Contract do not include amounts to cover such direct taxes or customs duties.

26.2. The Contractor shall be responsible for ensuring that his respective Sub-contractors are aware that the Purchaser is exempt from taxes and customs duties. The Contractor (and his respective Sub-contractors) shall be responsible for complying with all applicable national and local legal and administrative procedures to ensure that authorities do not attempt to assess taxes and customs duties on goods and property imported or exported through NATO member nation frontiers under this Contract nor assess direct taxation (VAT) on goods sold to the NC3A under this Contract.

26.3. If, after complying with all national and local legal and administrative procedures, the authorities persist in attempting to impose taxes or duties on



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goods provided under this Contract, the Contractor shall inform the Contracting Authority providing the particulars of the situation, the procedures which have been followed and the point of contact at the national authority which is attempting to impose taxation or duty. The Contracting Authority will examine the situation and attempt to clarify the legal and administrative basis of the difficulty. If the Contracting Authority so directs, the Contractor shall pay the required taxes and duties and file for reimbursement or rebate from the national authorities in accordance with national legislative and administrative procedures.

26.4. In the event that the petition for reimbursement or rebate is denied by the national authorities concerned and providing that the Contractor and/or his Sub-contractor have complied with the national legislative and administrative procedures, the Purchaser shall reimburse the full amount of the payment(s) upon receipt of the Contractor's invoice indicating such tax or duty as a separate item of cost and fully identified by reference to any governmental law, regulation and/or instruction pursuant to which such tax or duty is enforced. The Contractor shall offer assistance and execute any such document that may be useful or required to ensure that Purchaser obtains the reimbursement of any tax or duty retained by a national authority.

26.5. In the event of the Contractor and/or Sub-contractor not complying with national legislative or administrative procedures, taxes and duties paid by the Contractor and/or Sub-contractors shall not be reimbursed by the Purchaser.

26.6. Following payment by the Purchaser of the taxes and/or duties pursuant to Clause 26.4 above, should the Contractor subsequently receive a rebate of any amount paid by the Purchaser, the Contractor shall immediately notify the Purchaser and the amount of such rebate shall be credited or reimbursed to the Purchaser, as directed. The Contractor shall be responsible for taking any and all action that could reasonably be required in order to obtain such rebate.

26.7. The Contractor shall be liable for all other taxes, assessments, fees, licences, administrative charges or other Government assessments or charges which are applicable to the performance of this Contract. It is the Contractor's responsibility to inform himself of his liability in each country where such liability may arise.

27. WARRANTY OF DELIVERABLES

27.1. For the purpose of this Clause:



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27.1.1. “Acceptance” shall mean the act of an authorised representative of the Purchaser by which the Purchaser assumes title and ownership of delivered Deliverables rendered as partial or complete performance of the Contract. “Acceptance” in this regard, unless specifically provided otherwise in the Contract Special Provisions, means final Acceptance where the Contract provides for Provisional or Partial Acceptance;

27.1.2. “Correction” shall mean the elimination of a defect;

27.1.3. “Deliverables” shall not include software.

27.2. The Contractor shall not be responsible under this Clause for the Correction of Defects in Purchaser Furnished Property, except for Defects in Contractor performed installation, unless the Contractor performs, or is obligated to perform, any modifications or other work on Purchaser Furnished Property. In that event, the Contractor shall be responsible for Correction of Defects that result from the modifications or other Work.

27.3. Unless another period of time is indicated in the Contract Special Provisions, the duration of the warranty provided by the Contractor and its Subcontractors shall be twelve (12) months from the date of Acceptance under this Contract as notified in writing by the Contracting Authority.

27.4. Any Deliverables or parts thereof corrected or furnished in replacement and any services re-performed shall also be subject to the conditions of this Clause 27 to the same extent as Deliverables or services initially accepted. The warranty, with respect to these Deliverables, or parts thereof, or services, shall be equal in duration to that set forth in Clause 27.3, and shall run from the date of delivery of the corrected or replaced Deliverables or services.

27.5. If the Contractor becomes aware at any time before Acceptance by the Purchaser (whether before or after tender to the Purchaser) or at a later time, that a Defect exists in any Deliverable or service, the Contractor shall either promptly correct the Defect or promptly notify the Purchaser, in writing, of the Defect, using the same procedures prescribed in Clause 27.8.

27.6. The Purchaser will notify in writing the Contractor of the existence of a Failed Component and return to the Contractor the Failed Component within thirty (30) Days of the discovery of such failure. The transport of the Failed Component shall be at the expense of the Purchaser. The notification of the failure will include as much information as practicable about the circumstances and operating environment at the time of the failure. Upon receipt of such notification by the Purchaser (which may precede receipt of the Failed Component), the Contractor shall ship to the location of the Failed Component an



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identical component for installation by Purchaser personnel. The Contractor shall ship such replacement component(s) Delivery Duty Paid. Such transportation and replenishment charges are included in the cost of line item of the Contract identified as the warranty.

27.7. In such rare cases where the Failed Component is either too large to be easily transported or the Failed Component cannot be readily identified and isolated within the larger entity, the Contractor shall be notified by the Purchaser of the failure immediately by telephone, fax or e-mail. The Contractor shall provide technical support to the Purchaser personnel in identifying the Failed Component so as to afford the Purchaser the opportunity to return the Failed Component. In such a case where the Failed Component cannot be identified or is not cost effective or practical to ship to the Contractor’s facility, the Contractor may elect to send field service personnel to the site of the failure and repair such equipment on location. In this event, such field service personnel shall be dispatched to the site of the failure within forty-eight (48) hours of initial notification. The expense of the technical support and field service shall be borne by the Contractor.

27.8. The Contractor shall conduct analyses of all Failed Components which are returned to him by the Purchaser or repaired in the field by Contractor field service personnel to determine the cause of the failure. The Contractor shall issue a report to the Purchaser within thirty (30) days of receipt of a returned item or field repair which contains the results of the analysis. The report shall contain the conclusion of the Contractor as to whether the cause of the failure was due to a Manufacturing Defect or a Design Defect and declare what course of remedial action the Contractor shall implement to prevent further failures of a similar nature. Repetitive failures of the same component may be grounds for a de facto determination by the Purchaser that a Design Defect exists.

27.9. If the Purchaser determines that a Design Defect exists in any of the Deliverables or services accepted by the Purchaser under this Contract, the Purchaser shall promptly notify the Contractor of the Defect, in writing, within ninety (90) days after discovery of the Defect. Upon timely notification of the existence of a Defect, or if the Contractor independently discovers a Design Defect or Manufacturing Defect in accepted Deliverables or services, the Contractor shall submit to the Purchaser, in writing within thirty (30) days, a recommendation for corrective actions, together with supporting information in sufficient detail for the Purchaser to determine what corrective action, if any, shall be undertaken.

27.10. The Contractor shall also prepare and furnish to the Purchaser data and reports applicable to any Correction required under this Clause (including revision and updating of all other affected data called for under this Contract) at no increase in the Contract price.



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27.11. In the event of timely notice of a decision not to correct or only to partially correct, the Contractor shall submit a technical and cost proposal within forty-five (45) days to amend the Contract to permit Acceptance of the affected Deliverables or services in accordance with the revised requirement, and an equitable reduction in the Contract price shall promptly be negotiated by the Parties and be reflected in a supplemental agreement to this Contract.

27.12. Within thirty (30) days after receipt of the Contractor's recommendations for corrective action and adequate supporting information in accordance with Clause 27.9, the Purchaser using sole discretion, shall give the Contractor written notice not to correct any Defect, or to correct or partially correct any Defect within a reasonable time.

27.13. The Contractor shall promptly comply with any timely written direction from the Purchaser to correct or partially correct a manufacturing or Design Defect, at no increase in the Contract price.

27.14. The Purchaser shall give the Contractor a written notice specifying any failure or refusal of the Contractor to:

27.14.1. conduct analyses of Failed components and implement a course of remedial action as required by Clauses 27.7 and 27.8;

27.14.2. provide replacement components, technical support or on-location field repair service in accordance with Clauses 27.6 and 27.7; or

27.14.3. prepare and furnish data and reports as required by Clause 27.10.

27.15. The notice referred to in Clause 27.14 shall specify a period of time following receipt of the notice by the Contractor in which the Contractor must remedy the failure or refusal specified in the notice.

27.16. If the Contractor does not comply with the Purchaser's written notice in Clause 27.14, the Purchaser may by Contract or otherwise:

27.16.1. Obtain detailed recommendations for corrective action from its own resources or third parties and either:

27.16.1.1. correct the Deliverables;

27.16.1.2. replace the Deliverables, and if the Contractor fails to furnish timely disposition instructions, the Purchaser may dispose of the



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non-confirming Deliverables for the Purchaser's account in a reasonable manner, in which case the Purchaser is entitled to reimbursement from the Contractor, or from the proceeds, for the reasonable expenses of care and disposition, as well as for excess costs incurred or to be incurred;

27.16.1.3. obtain applicable data and reports; and/or

charge the Contractor for the costs incurred by the Purchaser.

27.17. In no event shall the Purchaser be responsible for any extension or delays in the scheduled deliveries or periods of performance under this Contract as a result of the Contractor's obligations to correct Defects, nor shall there be any adjustment of the delivery schedule or period of performance as a result of the Correction of Defects unless provided by a supplemental agreement with adequate consideration.

27.18. The rights and remedies of the Purchaser provided in this Clause shall not be affected in any way by any terms or conditions of this Contract concerning the conclusiveness of inspection and Acceptance and are in addition to, and do not limit, any rights afforded to the Purchaser by any other Clause of this Contract or applicable law.

28. RIGHT OF ACCESS, EXAMINATION OF RECORDS

28.1. The Contractor shall give to the Purchaser and/or his representative(s) full and free access to his premises as and when required for the purpose of this Contract and shall ensure the same right of access to the premises of his Sub-contractors, by the inclusion in any such Sub-contracts of a provision substantially as set forth in this Clause.

28.2. The Purchaser and/or his representative(s) shall continue to have such right of access and examination of records as set forth in Clause 28.1 above until final payment under the Contract or the end of the warranty provisions under the Contract, whichever occurs later.

28.3. The expiration of the Purchaser’s rights as set forth in Clause 28.2 is further subject to the provisions of Clause 19 (Pricing of Changes, Amendments and Claims), where a three (3) year right is established following the agreement of contractual amendments or the settlement of claims based upon the submission of cost and pricing data.

28.4. The period of access and examination described in Clause 28.1 above for records not related to cost aspects of a dispute or claim but which relate to



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issues of fact arising under either proceedings under Clause 41 (Disputes) or Clause 42 (Arbitration), or the settlement of claims made by either Party pursuant to the performance of this Contract, shall continue until such appeals, litigation or claims have been disposed of.

29. PATENT AND COPYRIGHT INDEMNITY

29.1. The Contractor shall assume all liability against any and all third party claims that the services, Deliverables and/or parts thereof, in whole or in part, infringe(s) an IPR in force in any countries, arising out of the manufacture, import, export, performance of the services or delivery of Deliverables and/or out of the use or disposal by, or for the account of, the Purchaser of such Services and/or Deliverables. The Contractor shall reimburse and/or indemnify the Purchaser, its officers, agents, employees and/or consultants: (i) for all costs, fees, damages, awards, settlement amounts and any other expenses awarded to the third party right holder against Purchaser and/or the final beneficiaries of the work in relation to said third party claim; and (ii) for the costs and expenses incurred by the Purchaser in relation to said third party claims, including attorney fees. The Contractor shall be responsible for obtaining any licences necessary for the performance of this Contract and for making all other arrangements required to indemnify the Purchaser from any liability for IPR infringement in said countries.

29.2. each Party shall immediately notify the other of any intellectual property infringement claims of which he has knowledge and which pertain to the goods and services under this Contract.

29.3. This indemnity shall not apply under the following circumstances:

29.3.1. Patents or copyright which may be withheld from issue by order of the applicable government whether due to security regulations or otherwise;

29.3.2. An infringement resulting from specific written instructions from the Purchaser under this Contract;

29.3.3. An infringement resulting from changes made to the Deliverables by the Purchaser without the Contractor prior written consent;

29.3.4. An infringement resulting from changes or additions to the goods and services subsequent to final delivery and Acceptance under this Contract.



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29.4. This clause shall not be construed as an express or implied waiver of the Purchaser immunity before national courts.

30. INTELLECTUAL PROPERTY

30.1. Purchaser Background IPR

30.1.1. The Contractor is licensed to use, non-exclusively and royalty-free any Purchaser Background IPR that is or will be made available for the sole purpose of carrying out the Work.

30.1.2. The Contractor shall not use any Purchaser Background IPR other than for the purpose of carrying out the Work without the prior written agreement of the Purchaser. Any such agreement shall include the terms relating to such use.

30.1.3. The Purchaser gives no warranty as to the validity of any Purchaser Background IPR. The Contractor shall not do anything or act in any way which is inconsistent with or prejudicial to the ownership by the Purchaser of any Purchaser Background IPR.

30.2. Contractor Background IPR

30.2.1. Any use of Contractor Background IPR for the purpose of carrying out the Work pursuant to the Contract shall, subject to any obligation on the part of the Contractor to make payments to any third party in respect of IPR which is licensed from such third party, be free of any charge to Purchaser. The Contractor hereby grants to the Purchaser a non-exclusive, royalty-free and irrevocable licence throughout NATO, NATO operations (including out of area operations) and its member nations to use and authorise others to use on the Purchaser's behalf any Contractor Background IPR for the purpose of exploiting or otherwise using the Foreground IPR for any defence purpose. In addition, the Purchaser shall be entitled to further re-transfer the Contractor Background IP necessary to exploit or otherwise use the Foreground IP to NATO companies eligible for NATO procurement, subject to appropriate license agreement and compliance with applicable export control regulations.

30.2.2. Nothing in the Contract shall be deemed to restrict the Contractor's right to use its own Background IPR for purposes other than the Work.



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30.3. Foreground IPR

30.3.1. All Foreground IPR is the property of the Purchaser. Consequently, no statement shall be made restricting the rights of the Purchaser in the Foreground IPR. All Foreground IPR are immediately and exclusively transferred and assigned to the Purchaser as from their coming into existence or, as the case may be, as from the execution of this Contract for rights already in existence at the time of execution of this Contract.

30.3.2. The Contractor undertakes to ensure that suitable arrangements are in place between its employees, agents, consultants and itself regarding Foreground IPR generated by said employees, agents and consultants to allow the Contractor to fulfil its obligations under Clause 30.3.1 above.

30.3.3. The Contractor shall be entitled to use Foreground IPR on a non-exclusive, royalty free basis solely for the purpose of carrying out the Work.

30.3.4. The Contractor shall not use any Foreground IPR other than for the purpose of carrying out the Work without the Purchaser's prior written agreement. Any such agreement shall include terms relating to such use.

30.3.5. The Contractor shall provide the Purchaser, at the latest upon delivery of the Deliverables and thereafter for no less than 5 years after final acceptance, with full documented records of information in relation to the Deliverables, including but not limited to, all drawings, specifications and other data that is necessary or useful to manufacture the Deliverables.

30.3.6. The Contractor shall, as requested and at the expense of the Purchaser:

30.3.6.1. do all things necessary and sign all necessary or useful documents to enable the Purchaser to obtain the registration of the Foreground IPR as the Purchaser may require and select; and

30.3.6.2. to execute any formal assignment or other documents as may be necessary or useful to vest title to any Foreground IPR in the Purchaser.

30.3.7. The Contractor undertakes:



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30.3.7.1. to notify the Purchaser promptly of any invention or improvement to an invention or any design conceived or made by the Contractor; and

30.3.7.2. to provide the Purchaser with such information as the Purchaser may reasonably request in order to: (i) determine the patentability of such invention or improvement; (ii) assess the need for registering such invention or improvement; and (iii) evaluate the potential value to the Purchaser of such a patent or registration if issued.

30.3.8. If the Purchaser determines that it wishes to apply for one or more patents for the disclosed invention or improvement or for a registration for the disclosed design, it will prosecute such application(s) at its own expense. The Contractor undertakes to provide the Purchaser, at the Purchaser's expense, with such information and assistance as the Purchaser shall reasonably require to prosecute such application(s).

30.4. Third Party IPR

30.4.1. Where Third Party IPR is the subject of a licence or other agreement between the third party and the Purchaser or the Contractor, the Contractor shall not use any Third Party IPR for the purposes of carrying out work pursuant to the Contract without the approval of the Purchaser. Contractor shall inform Purchaser in advance of any restrictions on the Purchaser’s use.

30.4.2. If, after the award of the Contract, the Contractor becomes aware of the existence of any Third Party IPR which the Contractor is using or believes is needed for the performance of the Contract, the Contractor shall immediately give the Purchaser a written report identifying such IPR.

30.5. Subcontractor IPR

30.5.1. When placing a Sub-contract which is concerned with or involves the creation of IPR, the Contractor shall ensure that the Sub-contractor enters into the same agreement for the use of the IPR as stipulated in this Contract in such a way that the Purchaser will be entitled to use the IPR as agreed between the Purchaser and the Contractor. The Contractor shall include in the Sub-contract the content of the provisions of this Clause.



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31. NATO CODIFICATION

31.1. For the purposes of this Clause "Technical Data" means the drawings, specifications and technical documentation of those items designated by the Purchaser to support the equipment covered by the Contract, and required to fully identify the items and, if applicable, draft item identifications to the extent and in the form to be agreed between the Codification Authority and the Contractor.

31.2. In order to ensure the orderly identification of equipment, the Contractor shall furnish at the request of the Codification Authority the Technical Data required for the identification of the items of supply to the NATO codification system in the time scale stated in this Contract.

31.3. A recommended spare parts list or a similar data carrier prepared in accordance with instructions provided by the Purchaser as the basis for codification shall be supplied by the Contractor by the date established in this Contract.

31.4. The Contractor shall supply or require his Sub-contractor(s)/supplier(s) to supply on request for the period of time specified in the Contract the relevant Technical Data for all items and sub-contracted items to the Codification Authority and the Purchaser. The Contractor shall require that each Sub-contractor/supplier shall include identical conditions in any subsequent order which he may place.

31.5. The drawings, specifications, related documentation and, if applicable, draft item identifications, prepared when possible by the true manufacturer of the item, shall be supplied by the Contractor or his Sub-contractor(s)/supplier(s) direct to the Codification Authority and, if required, to the Purchaser as and when they become available or, at the latest within the time limits specified in the Contract. The Contractor shall inform the Codification Authority and Purchaser within 21 Days of receipt of the request if the required Technical Data are not immediately available, and shall impose a similar obligation upon his Sub-contractor(s)/supplier(s)

31.6. Except as hereinafter provided, the Contractor shall require the Sub-contractor(s)/supplier(s) to furnish on request the information direct to the Codification Authority in the Sub-contractor(s)/supplier(s)' country, but the Contractor shall remain responsible for ensuring that the information is so furnished. In the event of a Sub-contract order being placed with a manufacturer in a non-NATO country, the Contractor shall be responsible for obtaining Technical Data from the Sub-contractor/supplier and furnishing it to the Purchaser.



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31.7. Technical Data relating to any Sub-contractor's/supplier's items shall include but not be limited to the name and address of the true manufacturer(s), his/their true reference number(s), drawing or item Part number(s) and applicable data in addition to any Part or reference number(s) allocated by the Contractor, plus draft item identification(s) if required by the Codification Authority.

31.8. The Contractor shall provide the Technical Data required for codification of those items ordered with this Contract and also for the pertaining support items ordered with future contracts, including updating information regarding all agreed modifications, design or drawing changes made to the equipment or detailed Parts.

31.9. If the Contractor has previously supplied Technical Data (for the purpose stated in Clause 31.2), the Contractor is to state this fact and indicate to whom they were supplied and the Contractor shall not under normal circumstances be required to make a further supply of the Technical Data already provided. The Technical Data furnished by the Contractor and Sub-contractor(s)/supplier(s) are to be presented in accordance with the requirements for the preparation of item identification(s) as outlined in the Guide for Industry provided by the Codification Authority.

31.10. The Contractor should contact the Codification Authority for any information concerning the NATO codification system.

32. RELEASE FROM CLAIMS

32.1. Prior to final payment under this Contract, the Contractor and each assignee under this Contract shall execute and deliver a release discharging the Purchaser, its officers, agents and employees from all liabilities, obligations and claims arising out of or under this Contract subject only to the following exceptions:

32.1.1. specified claims in stated amounts or in estimated amounts where the amounts are not susceptible to exact statement by the Contractor;

32.1.2. claims for reimbursement of costs (other than expenses of the Contractor by reason of his indemnification of the Purchaser against patent liability) including reasonable expenses incidental thereto, incurred by the Contractor under the provisions of this Contract relating to patents.

32.1.3. a patent infringement resulting from specific written instructions from the Purchaser under this Contract.



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32.1.4. a patent infringement resulting from changes or additions to the goods and services subsequent to final delivery and acceptance under this Contract.

33. ASSIGNMENT OF CONTRACT

33.1. The Purchaser reserves the right to assign this Contract, in whole or in part, to another NATO body, agency or representative within NATO or NATO Nations. In such a case, the Purchaser shall notify the Contractor accordingly in writing.

33.2. NATO shall remain responsible for its obligations under the Contract and for the actions of the body, agency or representative to which this Contract may be assigned.

34. TRANSFER AND SUB-LETTING

34.1. The Contractor shall not give, bargain, sell, assign, sub-let or otherwise dispose of the Contract or any part thereof or the benefit or advantage of the Contract or any part thereof without the prior written consent of the Purchaser.

35. PURCHASER DELAY OF WORK

35.1. If the performance of all or any part of the Work is delayed or interrupted by an act of the Purchaser in the administration of this Contract, which act is not expressly or implicitly authorised by this Contract, or by the Purchaser’s failure to act within the time specified in this Contract (or within a reasonable time if no time is specified), an adjustment shall be made for any increase in the cost of performance of this Contract caused by such delay or interruption and the Contract modified in writing accordingly.

35.2. Adjustment shall be made also in the delivery or performance dates and any other contractual provision affected by such delay or interruption. However, no adjustment shall be made under this Clause for any delay or interruption:

35.2.1. to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor; or



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35.2.2. for which an adjustment is provided or excluded under any other provision of this Contract.

35.3. No claim under this Clause shall be allowed:

35.3.1. if the Contractor has failed to notify the Purchaser in writing of the act or failure to act, indicating that this act or failure to act will result in a delay or increased costs;

35.3.2. for any costs incurred more than twenty (20) Days before the Contractor shall have notified the Purchaser in writing of the act or failure to act involved; and

35.3.3. unless the monetary claim, in an amount stated, is asserted in writing as soon as practicable after the termination of such delay or interruption, but not later than the date of final payment under the Contract.

36. CONTRACTOR NOTICE OF DELAY

36.1. In the event that the Contractor encounters difficulty in complying with the Contract schedule date(s) for whatever reason, including actual or potential labour disputes, the Contractor shall immediately notify the Contracting Authority in writing, giving pertinent details. This data shall be deemed to be informational in character and shall not be construed as a waiver by the Purchaser of any schedule or date, or of any rights or remedies provided by law or under this Contract.

36.2. Notwithstanding the above the Contractor shall be deemed to be in delay without notice from the Purchaser and only by simple expiry of the due date.


37.1. If the Contractor fails to:

37.1.1. meet the delivery schedule of the Deliverables or any specified major performance milestones specified in the Schedule of Deliverables and services to this Contract, or any extension thereof, or



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37.1.2. deliver and obtain acceptance of the Deliverables or to acceptably perform the services as specified in the Schedule of Deliverables and services to this Contract,

37.2. the actual damage to the Purchaser for the delay will be difficult or impossible to determine. Therefore, in lieu of actual damages the Contractor shall pay to the Purchaser, for each day of delinquency in achieving the deadline or milestone, fixed and agreed liquidated damages of 1.0% (one per cent) per day of the associated payment set forth in the Schedule of Payments provided in the Special Contract Provisions. If no Schedule of Payments is specifically set forth in the Special Contract Provisions, the liquidated damages will be assessed against the price of the applicable contract line item (CLIN) of the Schedule of Supplies, Services and Prices.

37.3. In addition to the liquidated damages referred to in Clause 37.1, the Purchaser shall have the possibility of terminating this Contract in whole or in part, as provided in Clause 38 (Termination for Default). In the event of such termination, the Contractor shall be liable to pay the excess costs provided in Clause 38.5.

37.4. The Contractor shall not be charged with liquidated damages when the delay arises out of causes beyond the control and without the fault or negligence of the Contractor as defined in Clause 38.6 (Termination for Default). In such event, subject to the provisions of Clause 41 (Disputes), the Purchaser shall ascertain the facts and extent of the delay and shall extend the time for performance of the Contract when in his judgement the findings of the fact justify an extension.

37.5. Liquidated damages shall be payable to the Purchaser from the first day of delinquency and shall accrue at the rate specified in Clause 37.1 to 15% of the value of each line item individually and an aggregate sum of all delinquent items not to exceed 15% of the value of the total Contract. These liquidated damages shall accrue automatically and without any further notice being required.

37.6. The rights and remedies of the Purchaser under this clause are in addition to any other rights and remedies provided by law or under this Contract.

38. TERMINATION FOR DEFAULT

38.1. The Purchaser may, subject to Clause 38.6 below, by written notice of default to the Contractor, terminate the whole or any part of this Contract if the Contractor:



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38.1.1. fails to make delivery of all or part of the Work within the time specified in the contract or any agreed extension thereof;

38.1.2. fails to make progress as to endanger performance of this Contract in accordance with its terms;

38.1.3. fails to meet the technical requirements or the Specifications of the Contract;

38.1.4. fails to comply with Clause 11 (Security);

38.1.5. transfer this Contract without the Purchaser’s prior written consent;

38.1.6. breaches any other material provision of this Contract; or

38.1.7. repeatedly breaches non-material provisions of this Contract.

38.2. In the case of any of the circumstances set forth in Clause 38.1 above, the Purchaser shall issue a letter to the Contractor stating that an actual or potential default exists and requiring a response from the Contractor within ten (10) Days that identifies:

38.2.1. in the case of late delivery of Deliverables or non-performance of services, when the Contractor shall deliver the Deliverables or perform the services and what circumstances exist which may be considered excusable delays under Clause 38.6.

38.2.2. in the case of the other circumstances identified in Clause 38.1 above, what steps the Contractor is taking to cure such failure(s) within a period of ten Days (or such longer period as the Purchaser may authorise in writing) after receipt of notice in writing from the Purchaser specifying such failure and identifying any circumstances which exist which may be considered excusable under Clause38.6.

38.3. The Purchaser shall evaluate the response provided by the Contractor or, in the absence of a reply within the time period mentioned in Clause 38.2, all relevant elements of the case, and make a written determination within a reasonable period of time that:

38.3.1. sufficient grounds exist to terminate the Contract in whole or in part in accordance with this Clause and that the Contract is so terminated;



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38.3.2. there are mitigating circumstances and the Contract should be amended accordingly; or

38.3.3. the Purchaser will enter a period of forbearance in which the Contractor must show progress, make deliveries, or comply with the Contract provisions as specified by the Purchaser. The Purchaser may apply other remedial actions as provided by this Contract during such period of forbearance. This period of forbearance shall in no event constitute a waiver of Purchaser’s rights to terminate the Contract for default.

38.4. At the end of the period of forbearance, which may be extended at the Purchaser's discretion, the Purchaser may terminate this Contract in whole or in part as provided in Clause 38.1 if the Contractor has not made adequate progress, deliveries or compliance with the Contract provisions which were the terms of the period of forbearance.

38.5. In the event the Purchaser terminates this Contract in whole or in part, as provided in Clause 38.1, the Purchaser may procure, upon such terms and in such manner as the Purchaser may deem appropriate, Deliverables or services similar to those so terminated, and the Contractor shall be liable to the Purchaser for any excess costs for such similar Deliverables or services; however, the Contractor shall continue the performance of this Contract to the extent not terminated under the provisions of this clause.

38.6. Except with respect to the default of Sub-contractors, the Contractor shall not be held liable for a termination of the Contract for default if the failure to perform the Contract arises out of causes beyond the control and without the fault or negligence of the Contractor.

38.6.1. Such causes may include, but are not restricted to, acts of God, acts of the public enemy, acts of the Purchaser in its contractual capacity, acts of sovereign governments which the Contractor could not reasonably have anticipated, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case the failure to perform must be beyond the control and without the fault or negligence of the Contractor.

38.6.2. If 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 held liable for a termination for default for failure to perform unless the Deliverables or services to be furnished by the Sub-contractor were obtainable from other sources in



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sufficient time to permit the Contractor to meet the required delivery schedule.

38.7. If this Contract is terminated as provided in Clause 38.1, the Purchaser, in addition to any other rights provided in this Clause and the Contract, may require the Contractor to transfer title and deliver to the Purchaser, in the manner and to the extent directed by the Purchaser:

38.7.1. any completed Deliverables;

38.7.2. such partially completed Deliverables, materials, Parts, tools, dies, jigs, fixtures, plans, drawings, information, and Contract rights (hereinafter called "Manufacturing materials") as the Contractor has specifically produced or specifically acquired for the performance of such part of this Contract as has been terminated.

38.8. Termination for default shall not prevent the Purchaser from using Contractor Background Intellectual Property as required for the use of Work already carried out at the time of termination for default.

38.9. In addition to Clause 38.7, the Contractor shall, upon direction of the Purchaser, protect and preserve property in the possession of the Contractor in which the Purchaser has an interest.

38.10. Payment for completed Deliverables delivered to and accepted by the Purchaser shall be at the Contract price.

38.11. Payment for Manufacturing materials delivered to and accepted by the Purchaser and for the protection and preservation of property shall be in an amount agreed upon by the Contractor and Purchaser, failure to agree to such amount shall be a dispute within the meaning of Clause 41 (Disputes).

38.12. The Purchaser may withhold from amounts otherwise due to the Contractor for such completed Deliverables or Manufacturing materials such sum as the Purchaser determines to be necessary to protect the Purchaser against loss because of outstanding liens or claims of former lien holders.

38.13. If, after notice of termination of this Contract under the provisions of this Clause, it is determined for any reason that the Contractor was not in default under the provisions of this Clause, or that the default was excusable under the provisions of this Clause, the rights and obligations of the Parties shall be the same as if the notice of termination had been issued pursuant to Clause 39 (Termination for the convenience of the Purchaser).



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38.14. If after such notice of termination of this Contract under the provisions of this Clause, it is determined for any reason that the Contractor was not in default under the provisions of this Clause and that the Parties agree that the Contract should be continued, the Contract shall be equitably adjusted to compensate for such termination and the Contract modified accordingly. Failure to agree to any such adjustment shall be a dispute within the meaning of Clause 41 (Disputes).

38.15. The rights and remedies of the Purchaser provided in this Clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract.

39. TERMINATION FOR THE CONVENIENCE OF THE PURCHASER

39.1. The performance of Work under this Contract may be terminated by the Purchaser in accordance with this Clause in whole, or from time to time in part, whenever the Purchaser shall determine that such termination is in the best interest of the Purchaser.

39.2. Any such termination shall be effected by delivery to the Contractor of a written notice of termination, signed by the Contracting Authority, specifying the extent to which performance of Work under the Contract is terminated, and the date upon which such termination becomes effective.

39.3. After receipt of a Notice of Termination and except as otherwise directed by the Contracting Authority, the Contractor shall:

39.3.1. stop the Work on the date and to the extent specified in the notice of termination;

39.3.2. place no further orders or Sub-contracts for Deliverables, Parts, materials, services or facilities, except as may be necessary for completion of such portion of the Work under the Contract as is not terminated;

39.3.3. terminate all orders and Sub-contracts to the extent that they relate to the performance of Work terminated by the Notice of Termination;

39.3.4. assign to the Purchaser, in the manner, at the times and to the extent directed by the Purchaser, all of the right, title and interest of the



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Contractor under the orders and Sub-contracts so terminated, in which case the Purchaser shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and Sub-contracts;

39.3.5. settle all outstanding liabilities and all claims arising out of such termination of orders and Sub-contracts, with the approval or ratification of the Purchaser to the extent he may require, which approval or ratification shall be final for all the purposes of this Clause;

39.3.6. transfer title and deliver to the Purchaser in the manner, at the times, and to the extent, if any, directed by the Contracting Authority of:

39.3.6.1. the fabricated parts, work in process, completed work, Deliverables, and other material produced as a part of, or acquired in connection with the performance of the Work terminated by the notice of termination, and

39.3.6.2. the completed or partially completed plans, drawings, information, and other property which, if the Contract had been completed, would have been required to be furnished to the Purchaser;



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39.3.7. use his best efforts to sell, in the manner, at the times, to the extent, and at the price or prices directed or authorised by the Contracting Authority, any property of the types referred to in Clause 39.3.6 above. However, the Contractor:

39.3.7.1. shall not be required to extend credit to any Buyer; and

39.3.7.2. may acquire any such property under the conditions prescribed by and at a price or prices approved by the Purchaser; and provided further that the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the Purchaser to the Contractor under this Contract or shall otherwise be credited to the price or cost of the Work or paid in such manner as the Contracting Authority may direct;

39.3.8. complete performance of such part of the Work as shall not have been terminated by the Notice of Termination; and

39.3.9. take such action as may be necessary, or as the Purchaser may direct, for the protection and preservation of the property related to this Contract which is in the possession of the Contractor and in which the Purchaser has or may acquire an interest.

39.4. The Contractor may submit to the Purchaser a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorised by the Purchaser, and may request the Purchaser to remove such items or enter into a storage agreement covering the same; provided that the list submitted shall be subject to verification by the Purchaser upon removal of the items, or if the items are stored, within forty-five (45) Days from the date of submission of the list, and any necessary adjustment to correct the list as submitted shall be made prior to final settlement.

39.5. After receipt of a notice of termination, the Contractor shall submit to the Purchaser his termination Claim for the Work covered by the notice of termination, in the form and with certification prescribed by the Purchaser. Such claim shall be submitted promptly but in no event later than six (6) months from the effective date of termination, unless one or more extensions are granted in writing by the Purchaser, upon request of the Contractor made in writing within such six-month period or authorised extension thereof. However, if the Purchaser determines that the facts justify such action, the Purchaser may receive and act upon any such termination claim at any time after such six-month period or any extension thereof. Upon failure of the Contractor to submit his termination claim within the time allowed, the Purchaser may determine on the basis of information



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available to him, the amount, if any, due to the Contractor by reason of the termination and shall thereupon pay to the Contractor the amount so determined.

39.6. Subject to the provisions of Clause 39.5, the Contractor and the Purchaser may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of Work pursuant to this Clause, which amount or amounts may include a reasonable allowance for profit on work done; provided that such agreed amount or amounts exclusive of settlement costs shall not exceed total Contract price as reduced by the amount of payments otherwise made and as further reduced by the Contract price of the Work not terminated. The Contract shall be amended accordingly and the Contractor shall be paid the amount agreed. Nothing in Clause 39.7, prescribing the amount to be paid to the Contractor in the event of failure of the Contractor and the Purchaser to agree upon the whole amount to be paid to the Contractor by reason of the termination of Work pursuant to Clause 39, shall be deemed to limit, restrict, or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this Clause 39.6.

39.7. In the event of the failure of the Contractor and the Purchaser to agree as provided in Clause 39.6 upon the whole amount to be paid to the Contractor by reason of the termination of Work pursuant to Clause 39, the Purchaser shall pay to the Contractor the amounts determined by the Purchaser as follows, but without duplication of any amounts agreed upon in accordance with Clause 39.6 the total of:

39.7.1. for completed Deliverables accepted by the Purchaser (or sold or acquired as provided in Clause 39.3 above) and not therefore paid for, a sum equivalent to the aggregate price for such Deliverables computed in accordance with the price or prices specified in the Contract, appropriately adjusted for any saving of freight or other charges;

39.7.2. the costs incurred in the performance of the Work terminated including initial costs and preparatory expense allocable thereto, but exclusive of any costs attributable to Deliverables paid or to be paid for under Clause 39.7.1;

39.7.3. the cost of settling and paying claims arising out of the termination of work under Sub-contracts or orders, as provided in Clause 39.3.5, which are properly chargeable to the terminated portion of the Contract, exclusive of amounts paid or payable on account of Deliverables or materials delivered or services furnished by Sub-contractors or vendors prior to the effective date of the notice of termination, which amounts shall be included in the costs payable under Clause 39.7.2; and



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39.7.4. a sum, as profit on Clause 39.7.1 above, determined by the Purchaser to be fair and reasonable; provided, however, that if it appears that the Contractor would have sustained a loss on the entire Contract, had it been completed, no profit shall be included or allowed and an appropriate adjustment shall be made reducing the amount of the settlement to reflect the indicated rate of loss; and

39.7.5. the reasonable costs of settlement, including accounting, legal, clerical and other expenses reasonably necessary for the preparation of settlement claims and supporting data with respect to the terminated portion of the Contract and for the termination and settlement of Sub-contracts thereunder, together with reasonable storage, transportation, and other costs incurred in connection with the protection, or disposition of property allocable to this Contract.



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39.8. The total sum to be paid to the Contractor under Clause 39.7 shall not exceed the total Contract price as reduced by the amount of payments otherwise made and as further reduced by the Contract price of Work not terminated.

39.9. Except for normal spoilage, and except to the extent that the Purchaser shall have otherwise expressly assumed the risk of loss, there shall be excluded from the amounts payable to the Contractor, as provided in Clause 39.7 above, the fair value, as determined by the Purchaser, of property which is destroyed, lost, stolen, or damaged so as to become undeliverable to the Purchaser, or to a buyer pursuant to Clause 39.3.7 above.

39.10. The Contractor shall have the right to dispute, under the Clause 41 (Disputes), any determination made by the Purchaser under Clauses 39.5 and 39.7, except that if the Contractor has failed to submit his claim within the time provided in Clause 39.5 and has failed to request extension of such time, the Contractor shall be foreclosed from his right to dispute said determination. In any case where the Purchaser has made a determination of the amount due under Clauses 39.5 and 39.7, the Purchaser shall pay the Contractor the following:

39.10.1. if there is no right of appeal hereunder or if no timely appeal has been taken, the amount so determined by the Purchaser, or

39.10.2. if an appeal has been taken, the amount finally determined on such appeal.

39.11. In arriving at the amount due to the Contractor under this Clause there shall be deducted:

39.11.1. all unliquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of this Contract;

39.11.2. any claim which the Purchaser may have against the Contractor in connection with this Contract; and

39.11.3. the agreed price for, or the proceeds of the sale of, any materials, Deliverables, or other things acquired by the Contractor or sold, pursuant to the provisions of this Clause, and not otherwise recovered by or credited to the Purchaser.

39.12. If the termination hereunder is partial, prior to the settlement of the terminated portion of this Contract, the Contractor may file with the Purchaser, in



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accordance with Clause 16 (Changes), a request in writing for an equitable adjustment of the price or prices relating to the continued portion of the Contract (the portion not terminated by the notice of termination), and such equitable adjustment as may be agreed upon shall be made in such price or prices.

39.13. The Purchaser may from time to time, under such terms and conditions as it may prescribe, make partial payments and payments on account against costs incurred by the Contractor in connection with the terminated portion of this Contract whenever in the opinion of the Purchaser the aggregate of such payments shall be within the amount to which the Contractor will be entitled hereunder. If the total of such payment is in excess of the amount finally agreed or determined to be due under this Clause, such excess shall be payable by the Contractor to the Purchaser upon demand, together with interest calculated using the average of the official base rate(s) per annum of the deposit facility rate as notified by the European Central Bank or such other official source as may be determined by the Purchaser, for the period from the date the excess is received by the Contractor to the date such excess is repaid to the Purchaser, provided, however, that no interest shall be charged with respect to any such excess payment attributed to a reduction in the Contractor's claim by reason of retention or other disposition of termination inventory until ten days after the date of such retention or disposition or such later date as determined by the Purchaser by reason of the circumstances.

39.14. Unless otherwise provided for in this Contract, the Contractor, from the effective date of termination and for a period of three years after final settlement under this Contract, shall preserve and make available to the Purchaser at all reasonable times at the office of the Contractor, but without direct charge to the Purchaser, all his books, records, documents, computer files and other evidence bearing on the costs and expenses of the Contractor under this Contract and relating to the work terminated hereunder, or, to the extent approved by the Purchaser, photographs, micro-photographs, or other authentic reproductions thereof.

40. APPLICABLE LAW

40.1. This Contract shall be governed, interpreted and construed in accordance with the laws of the Kingdom of Belgium, with the exclusion of the conflict of law rules.

41. DISPUTES

41.1. Except to the extent to which special provision is made elsewhere in the Contract, all disputes, differences or questions which are not disposed of by



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agreement between the Parties to the Contract with respect to any matter arising out of or relating to the Contract, other than a matter as to which the decision of the Purchaser under the Contract is said to be final and conclusive, shall be decided by the Contracting Authority. The Contracting Authority shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor.

41.2. The Contracting Authority shall not proceed with the evaluation and decision in respect of any claim until and unless the Contractor has submitted the attestation as foreseen in Clause 18 (Claims), as well as the complete proof and evidence of the claim (either by submission or by identification of the relevant documentation).

41.3. The Contracting Authority's decision shall be final and conclusive unless, within 30 Days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the Contracting Authority his decision to open arbitration proceedings in accordance with the Clause 42 (Arbitration). The burden of proof for both receipt and delivery of such documentation shall be by signed and dated registered mail receipt or by hand receipt as acknowledged and signed by the Contracting Authority.

41.4. Pending final decision of a dispute, the Contractor shall proceed diligently with the performance of the Contract, unless otherwise instructed by the Contracting Authority.

42. ARBITRATION

42.1. Within a period of thirty days from the date of receipt of the notification referred to in Clause 41.3 above, 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 the Purchaser, 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 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 the Permanent Court of Arbitration at The Hague.

42.2. 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.



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42.3. 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.

42.4. 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.

42.5. An arbitrator, who, for any reason whatsoever, ceases to act as an arbitrator, shall be replaced under the procedure laid down in Clause 42.1 above.

42.6. The Contractor agrees to submit to the Arbitration Tribunal only such issues, facts, evidence and proof which the Contractor had beforehand identified and submitted to the Contracting Authority for decision in accordance with Clause 41 (Disputes). The jurisdictional authority of the Arbitration Tribunal shall be restricted to consider only those identical issues, facts, evidence and proof so identified and submitted to the Contracting Authority.

42.7. The Purchaser likewise agrees to restrict its submissions only to the information on which the Contracting Authority based its decision and not to introduce new information and arguments which cannot reasonably be deduced or inferred from the written decision of the Contracting Authority in response to the original dispute.

42.8. 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 signature of the present Contract.

42.9. The awards of the arbitrator or of the Arbitration Tribunal shall be final and there shall be no right of appeal or recourse of any kind. These awards shall determine the apportionment of the arbitration expenses.

42.10. Pending final decision of a dispute, the Contractor shall proceed diligently with the performance of the Contract, unless otherwise instructed by the Contracting Authority.

43. SEVERABILITY



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43.1. If one or more of the provisions of this Contract is declared to be invalid, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions shall not be affected. Each of the Party shall use its best efforts to immediately and in good faith negotiate a legally valid replacement provision.



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ANNEX TO GENERAL PROVISONS

PURCHASER'S PRICING PRINCIPLES

A. General

1. With regard to all actions included in Clause 19, the Purchaser will honour the accounting standards and pricing principles to which the Contracting is required to conform by the national defence authority (or other governing national authority, as applicable) in the country of origin of the Contractor. Where such accounting standards are non-existent or incomplete, or where the Contractor is not required to conform to such standards and principles, the Parties agree that the Purchaser’s Pricing Principles contained herein shall govern.

2. As may be requested by the Purchaser, the Contractor shall provide

documentation that the standards or principles employed in the submission of cost or pricing data are in conformance with governing national policies and regulation. Where such conformance can not be demonstrated to the satisfaction of the Purchaser, the Purchaser’s Pricing Principles will be employed.

3. The Contractor shall also incorporate provisions corresponding to

those mentioned herein in all sub-contracts, and shall require price and cost analysis provisions be included therein.

B. Purchaser’s Pricing Principles 1. Allowable cost A cost is allowable for consideration by the Purchaser if the following conditions are

fulfilled: (a) it is incurred specifically for the Contract or benefits both the Contract

and other work or is necessary to the overall operation of the business although a direct relationship to any particular product or service cannot be established and is allocated to them in respective proportion according to the benefit received;

(b) it is reasonable and expedient in its nature and amount and does not

exceed that which would be incurred by an ordinary prudent person in the conduct of competitive business;

(c) it is not liable to any limitations or exclusion as to types or amounts of



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cost items as set forth herein. 2. Partially Allowable Costs The following cost items are examples of costs which are normally partially allowable only as indirect costs within the limitations described below provided that such costs are reasonable in nature and amount and are allocated as indirect costs to all work of the Contractor. (a) Advertising costs. (b) Contributions. (c) Bonuses paid pursuant to an agreement entered into before the contract

was made or pursuant to a plan established and consistently followed before the contract was concluded.

(d) Depreciation of plant equipment or other capital assets. (e) Costs of normal maintenance and repair of plant, equipment and other

capital assets. (f) The costs of general research and development work which are not

chargeable directly to a contract and which are not aimed at the preparation or development of a specific product.

(g) Travel costs, except those which, according to the terms of the contract,

are to be charged directly to it. (h) Pre-contract cost (cost prior to the effective date stated in the contract) in

anticipation of the award of the Contract or pursuant to its negotiation 3. Unallowable Costs In general all costs which cannot be shown by the contractor to be directly or indirectly of benefit to the Contract are totally unallowable. Examples of such costs are, among others: (a) Costs of a particular advertising campaign without prior agreement of the

Purchaser or which has no connection with the Contract. (b) Costs of remuneration, having the nature of profit sharing. (c) Costs of maintaining, repairing and housing idle and excess facilities. (d) Fines and penalties as well as legal and administrative expenses resulting



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from a violation of laws and regulations. (e) Losses on other contracts. (f) Costs incurred for the creation of reserves for general contingencies or

other reserves (e.g. for bad debts, including losses). (g) Losses on bad debts, including legal expenses and collection costs in

connection with bad debts. (h) Costs incurred to raise capital. (i) Gains and losses of any nature arising from the sale or exchange of capital

assets other than depreciable property. (j) Taxes on profits. (k) Contractual penalties incurred. (l) Commissions and gratuities. (m) Interest on borrowings. 4. Cost Groupings (a) In estimating or calculating the costs of the deliverables to be furnished

and the services to be performed under the Contract, the Contractor shall distinguish the following cost groupings:

(i) Direct Costs

A direct cost is any cost which can be identified specifically with a particular cost objective as generally accepted. Direct costs are not limited to items which are incorporated in the end product as material or labour.

(ii) Indirect Costs

An indirect cost is one which is not readily subject to treatment as a direct cost.

(b) The Contractor shall specify the allocation of costs to either of the cost

groupings. The method by which costs are accumulated and distributed as part of direct or indirect costs cannot be modified during the duration of the Contract.



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5. Overhead Rates (a) Indirect costs, which as a rule are to be allocated to all work of the

Contractor, shall be accumulated by logical cost groupings in accordance with sound accounting principles and the Contractor's established practices. Such costs shall be presented as overhead rates and be applied to each related direct cost grouping.

(b) The Contractor shall inform the Purchaser of his overhead rates and the

basis upon which they were computed. (c) The term "provisional overhead rate" means a tentative overhead rate

established for interim billing purposes pending negotiation and agreement to the final overhead rate.

(d) An overhead rate is pre-determined if it is fixed before or during a

certain period and based on (estimated) costs to be incurred during this period. An overhead rate is post-determined if it is fixed after a certain period and based on costs actually incurred during this period. Pre-determined overhead rates shall be agreed upon as final rates whenever possible; otherwise the provisions of paragraph 3 above shall apply pending agreement to post-determined rates.

(e) Such rates shall be determined on the basis of Contractor's properly

supported actual cost experience. (f) If the overhead rates of the Contractor for similar contracts placed by

national or international public services have been established or approved by a government agency or an agency accepted by his government and the Contractor proposes the application of these rates, he shall state the name and address of the agency which has accepted or approved the rates and the period for which they were established. If he proposes rates which vary from the rates mentioned above, he shall furthermore provide a justification for the difference.

(g) If the overhead rates of the Contractor for similar contracts placed by

national or international public services have not been established or approved by a government agency or an agency accepted by his government, he shall provide the necessary data to support the proposed rates.

6. Profit/Fee

(a) Over the entire life cycle of a given acquisition, Profit and/or Fee are subject to negotiation.



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(b) Subcontracting profit/fee amounts are dependent upon the size, nature and oversight needs of the subcontract(s) the prime contractor will use for work performance period.

(c) Profit/Fee factors are considered by the Purchaser not only to be directly

related to industrial profit rates in the surrounding geographical areas for similar work and/or tasks, but to a high degree correlated to the expected risk and exposure of the Contractor in performance of the contract.



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CO-13345-AMN12


PART IV – STATEMENT OF WORK

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Part IV, Page IV - i

STATEMENT OF WORK (SOW)

For

Establishing the Full Operating Capability of the Core

Portion of the Afghanistan Mission Network 2012

(AMN 2012)


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Part IV, Page IV - ii

TABLE OF CONTENTS

SECTION 1: INTRODUCTION ....................................................................................... 3

SECTION 2: APPLICABLE DOCUMENTS ................................................................ 14

SECTION 3: ENGINEERING ACTIVITIES ............................................................... 17

SECTION 4: MANAGEMENT ...................................................................................... 69

SECTION 5: ILS REQUIREMENTS ............................................................................ 96

SECTION 6: TEST REQUIREMENTS ...................................................................... 117

SECTION 7: DOCUMENTATION REQUIREMENTS ............................................ 128

ANNEX 1: Purchaser Furnished Items

ANNEX 2: Enterprise Portal System Requirement Specifications

ANNEX 3: Text Chat System Requirement Specifications

ANNEX 4: Track Augmentation System Requirement Specifications

ANNEX 5: C2 Interoperability System Requirement Specifications

ANNEX 6: Software License Management System Requirement Specifications


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Part IV, Page IV - 3

SECTION 1: INTRODUCTION

1.1. PURPOSE

1.1.1. The Afghanistan Mission Network (AMN) is a federated network which allows NATO, NATO nations and NATO partners to share systems, services and information. The Afghanistan Mission Network (AMN) is composed of the ISAF Secret network – the core network - and extensions as national mission networks.

1.1.2. The Afghanistan Mission Network was established via capabilities delivered under the AMN Initial Operational Capability (IOC) and AMN 2011 projects. AMN IOC was instrumental in connecting national network extensions to the Afghanistan Mission Network Core, delivering the underlying Communication and Information System (CIS) infrastructure. AMN 2011 built upon this infrastructure by expanding and securing the services shared between NATO and national users. With a robust service based infrastructure being implemented in stages, the AMN 2012 project will focus on improving the warfighter’s ability to exploit the information sources available on the AMN Core – by providing new sources, improving the timeliness and accuracy of existing sources and implementing the most urgent components of Service Management.

1.1.3. The present document is the Statement of Work (SOW) related to the Contract CO-13345-AMN2012. This contract is part of the AMN 2012 project which aims to establish a Full Operating Capability of the Core Portion of the Afghanistan Mission Network.

1.1.4. The Statement of Work (SOW) describes the Contractor's activities to be performed to implement and support five (5) capabilities under the AMN 2012 project. These capabilities are:

1.1.4.1. Enterprise Portal.

1.1.4.2. Text Chat also named as JCHAT+

1.1.4.3. Track Augmentation.

1.1.4.4. C2 interoperability.

1.1.4.5. Software License Management

1.1.5. The present documents is split into 7 sections:


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1.1.5.1. The section 1 provides an introduction to the Statement of Work.

1.1.5.2. The section 2 identifies applicable documents.

1.1.5.3. The Section 3 defines the activities to be performed by the Contractor to analyse, design, develop, deploy, train and support the five (5) capabilities listed below. These activities are identified in a chronological order and can point to

generic requirements defined in section 5 for the support, section 6 for the

tests or section 7 for the documentation.

1.1.5.4. The section 4 defines the management requirements of this Contract.

1.1.5.5. The section 5 defines the generic requirements associated to the support.

1.1.5.6. The section 6 defines the generic requirements associated to the tests.

1.1.5.7. The section 7 defines the generic requirements associated to the documentation.

1.2. BACKGROUND

1.2.1. Enterprise Portal Background

1.2.1.1. The AMN Enterprise Portal is a service enabling information/data sharing from all AMN headquarters/command. Each approved AMN headquarters/command hosts a NATO portal / document management system and other National data sources that offer information to the AMN Enterprise Portal. AMN Regional Command sites are provided with a dedicated replication agent that synchronizes locally published AMN information/data to the AMN Enterprise Portal farm located in Kabul. The AMN Enterprise Portal hosts all uploaded/exposed information with its set of metadata (including security labels) and access permissions following the NATO security rules.

1.2.1.2. Current situation: The Enterprise Portal is a COTS based product with third party software that permits the gathering of accessible information from NATO and national sites for correlation and queries. The AMN EP capability was provided with initial on-site training for its modules and reused the existing Document Handling System’s (DHS’) Computer Based Training. Most NATO content management staff members arrive in ISAF with insufficient technical familiarity on the SharePoint technology and/or the capabilities of the NATO provided AMN Enterprise Portal’s information exchange functionality. This is further complicated by the fact that some Troop Contributing Nations (TCNs) arrive with their own hardware and software and these units are unaware how to securely


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expose their data/information sources with ISAF following the NATO security rules.

1.2.1.3. Desired Situation: The present project aims to enhance the existing Computer Based Training (CBT) to train the incoming AMN staff on information/knowledge and content management and the proper use of the AMN Enterprise Portal’s functions and tools in support of ISAF IKM policies.

1.2.2. Text Chat Background

1.2.2.1. NATO and Troop Contributing Nations (TCNs) maintain multiple chat servers, which are used in a federated network. This makes it possible that users, who are typically connected to a local server, can join chat rooms on local and remote servers. It also allows that user accounts may be manually managed by each source (NATO, nation or organization) within their individual context and at the respective security classification level. The NATO operational servers are located at IJC and each RC. Additional NATO sites exists which use chat servers for technical support and user training. The XMPP-based JCHAT is used as text chat application and also for data transport to allow information exchange with other Functional Area Services (FASs).

1.2.2.2. Current situation: The AMN JCHAT suffers from a number of limitations and drawbacks amongst which:

1.2.2.2.1. The servers can fail under heavy load;

1.2.2.2.2. The capability is lacking archiving and search features

1.2.2.2.3. The clients do not always automatically reconnect to servers,

1.2.2.2.4. The connectivity to airborne systems in the context of low bandwidth is not provided,

1.2.2.2.5. Service monitoring is limited,

1.2.2.2.6. Operations and maintenance support is limited.

1.2.2.3. Desired Situation: The enhanced system (referred to as JCHAT+) shall address the above deficiencies through:

1.2.2.3.1. A review and harmonization across theatre in terms of organization, hardware and software systems;


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1.2.2.3.2. Improvements to the server component through provision of new COTS application or contractor developed applications or modules;

1.2.2.3.3. Addition of support for archiving and searching archives;

1.2.2.3.4. Development of support for connectivity to the NATO CHAT Servers through very low bandwidth and high latency RF links including airborne NATO Airborne Early Warning (NAEW) aircraft and Ground Entry Point (GEP) users;

1.2.2.3.5. Service monitoring capabilities allowing the integration of JCHAT+ with the Continuity of Operations (COOP) and Service Management Framework (SMF). This also includes support for virtualization;

1.2.2.3.6. Provision of Operations and Maintenance support.

1.2.3. Track Augmentation Background

1.2.3.1. The operational community relies on coherent and harmonized positional information provided by different sources. The Tracks provided by these sources fall into 4 broad categories:

1.2.3.1.1. Beacon/Transponder based tracks (FFT);

1.2.3.1.2. Tactical Data Link tracks (TDL-T);

1.2.3.1.3. Sensor based tracks (SBT);

1.2.3.1.4. Manual generated tracks (MGT);

1.2.3.2. The NIRIS capability has been developed using NC3A internal engineering services in collaboration with many contractors. Software development services for NIRIS have been provided by 3rd party contractors.

1.2.3.3. Current situation: Tracks are typically processed and managed by each source (nation or organization) within their individual context and at the respective security classification level. By bringing those independently managed track sources together within the AMN federation an additional layer of Track Augmentation is required in order to avoid duplication of tracks and to enhance information.

1.2.3.4. Desired Situation: The present project aims to:


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1.2.3.4.1. Enhance the existing centralized track augmentation services [with a service interface to allow automated association of raw track information with related FAS data];

1.2.3.4.2. Provide training and documentation.

1.2.3.4.3. Support the capabilities.

1.2.3.5. The Contractor shall note that existing NIRIS documentation is identified in Annex 4, section “Reference document”. The Contractor shall update existing documents to include the Track Augmentation and provide additional documents if stated in the SOW.

1.2.4. C2 interoperability Background

1.2.4.1. The FAS Integration on AMN aims to improve interoperability through a flexible and adaptable middleware solution that will allow nations to access critical operational information with “plug and play” ease. This FAS Integration consists of a variety of “Information Adapters” that allow nations to both consume and provide essential operational information. The information associated with each Information Adapter is based on a set of standards.

1.2.4.2. Current situation: The FAS integration has started several years ago through AMN IOC and AMN 2011. Due to the complexity of C5ISR systems in ISAF and existing resource constraints, the integration activity is being carried out in multiple phases, and only a limited number of services are being covered.

1.2.4.3. Desired Situation: The present project aims to:

1.2.4.3.1. Adapt existing capabilities;

1.2.4.3.2. Implement additional Web Services and Information Adapters on AMN to enable NATO and nations to discover and exchange information. Adapters are for instance required to support integration with the NATO CSD (Coalition Shared Database); air missions ATO; convoy route; troops-in-contact; imagery services, CCIRM services, JTS, and Troops in Contact (TIC) manager.

1.2.4.3.3. Provide training and documentation.

1.2.4.3.4. Support the capabilities.

1.2.4.4. As stated in the Annex 5 (C2 Interoperability SRS), the AMN-2012 C2 Interoperability Capability shall maintain all the functionality delivered by the AMN 2011 Integration Core. In case the implementation is not building on top of


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the AMN INT-CORE 2011 product, the AMN 2011 shall be re-implemented, tested and delivered at no additional cost for NATO.

1.2.5. Software License Management Background

1.2.5.1. ISAF requires a theatre-wide software license management function for the AMN that can store license information, client usage, and maintenance and support information that will be part of the NCSA central license management capability

1.2.5.2. Current situation: A software license management capability already exists in IJC developed and used by the CISAF11 Contractor (Thales) to manage its licences. There is no capability provided for software licence management on the networks managed directly by NCSA (known colloquially as the IOC network – which forms part of the NATO managed AMN Core network) although there are some tools such as Microsoft System Center Configuration Manager (SCCM) already installed on the network that could aid with license management. There is some indication that software products currently used on AMN are not adequately licensed or adequately supported for O&M. There is therefore a strong possibility that some NATO eligible users are using unlicensed or under-licensed software.

1.2.5.3. Desired Situation: The present project aims to establish a comprehensive software license management capability within ISAF that enables the Support Authority to ensure deployed software is adequately licensed and that unlicensed software is identified to be supported or uninstalled.


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1.3. ABBREVIATIONS

1.3.1. The following table lists the abbreviation used through the present document: Abbreviation

ABL Allocated Baseline AMN Afghanistan Mission Network CBT Computer Based Training C2 Command and Control CCB Configuration Control Board CDR Critical Design Review CI Configuration Item CIAV Coalition Interoperability Assurance and Validation CIS Communication and Information System CISAF11 Communication Information Systems Afghanistan 2011 CM Configuration Management CMDB Configuration Management Database CRO Crisis Response Operations COTS Commercial Off-The-Shelf CSA Configuration Status Accounting CSD Coalition Shared Database CSRS Common Security Requirement Statement DHS Document Handling System ECR Engineering Change Request EDC Effective Date of Contract EP Enterprise Portal EPOW Experimentation Programmes of Work FFT Friendly Force Tracks FAS Functional Area Service FAT Factory acceptance Test FBL Functional Baseline FCA Functional Configuration Audit FSA Final System Acceptance GEP Ground Entry Point ICD Interface Control Document ICN ISAF Command Network IKM Information and Knowledge Management ILSP Integrated Logistics Support Plan IPMT Integrated Project Management Team IOC Interim Operational Capability ISAF International Security Assistance Force JTR Joint Technical Review MDS Material Data Sheet NCSA NATO Communication and Information Systems Services


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Agency NIATC NATO information Assurance Technical Centre NIRIS 1. Networked Interoperable Real-time Information Services NSIP NATO Security Investment Programme NOR Notice of Revision RC Regional Command OBL Operational Baseline PBS Product Breakdown Structure PBL Product Baseline PCA Physical Configuration Audit PCR Project Checkpoint Reviews PFI Purchaser Furnished Item PMP Project Management Plan PMS Project Master Schedule PWBS Project Work Breakdown Structure PSA Partial System Acceptance QoS Quality of Service R&D Research and Development RFD Request For Deviation RFW Request For Waiver SAP Security Accreditation Plan SDS System Design Specification SECOPS Security Operating Procedures SISRS System Interconnection Security Requirements Statement SIVP Security Implementation Verification Procedures SIT System Integration Test SLA Service Level Agreement SMEs Subject Matter Experts SSS Schedule of Supplies and Services SNTOR Support to Near-term Operational Requirements STANAG STAndard Agreement ST&E Security Test and Evaluation SOP Standard Operating Procedure SOW Statement Of Work SRS System Requirement Specification SSRS System Security Requirements Statement SRR System Requirement Review TNA Training Needs Analysis TCN Troop Contributing Nation TP Test Plan

http://www.npc.nato.int/htm/niris.htm


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1.4. DEFINITIONS

1.4.1. The following table lists the definitions used through the present document: Afghanistan Mission Network (AMN)

A federation of national mission networks with the NATO provided ISAF Secret network acting as the core element. This network operates under a single security domain (ISAF SECRET) which enables national networks to be interconnected without the need for security guards or firewalls.

AMN Core The AMN Core is the NATO common funded contribution to the AMN and acts as the primary hub to which AMN extensions can connect via Network Interface Points. Except for its leading and integrating role in the AMN, the AMN Core is contributing to the AMN as any other AMN extension. It is worth noting that for historical and structural reasons, the AMN Core is made of CISAF11, managed by a Contractor through a commercial provider, and a NATO organic component directly managed by NCSA.

AMN Extension An AMN Extension is a Troop Contributing Nation (TCN) contribution to the AMN, operating at ISAF SECRET level, connected to the AMN either directly to the AMN Core via a Network Interface Point or indirectly via another AMN Extension, and capable of sharing key AMN Services in support to the AMN Mission Threads. By extension, beyond its leading and integrating role, the AMN Core shares the characteristics of an AMN extension.

CISAF 11 The Communications and Information Services to ISAF Post 2010 (CISAF-11) Project currently provides Service Level Agreement (SLA)-based services for secure and non-secure network and user services (voice, data, and video) to ISAF Commanders and their staffs at 72 Points of Presence (PoPs) throughout the ISAF Area of Operations (AOR).


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1.5. SCOPE OF WORK

1.5.1. The Contractor shall provide all necessary resources to include services, personnel, materials, components, equipment, data and documentation needed to accomplish the tasks described in the SOW and to meet the requirements of the Contract.

1.5.2. Through this Contract, the Contractor shall:

1.5.2.1. Organise, manage and report on the overall tasks placed under this Contract.

1.5.2.2. Design the capabilities, as practical, upon commercially-available products to meet the AMN 2012 System Requirements Specifications.

1.5.2.3. Plan and execute developments and/or procurements required in order to ensure that the Product Baselines of the capabilities will at all times meet the SRS and other Contract requirements.

1.5.2.4. Plan and execute the required tests to certify the Product Baselines of the capabilities are meeting their functionality, performance, security, and interoperability requirements.

1.5.2.5. Provide expertise to participate in additional Purchaser-led test activities as required.

1.5.2.6. Deliver, install, configure, test, activate the in the specified sites.

1.5.2.7. Provide training.

1.5.2.8. Fully document the design, operation, and maintenance of the delivered capabilities by providing the required manuals, operational procedures, supporting technical data, computer software and drawings required by the Contract.

1.5.2.9. Provide initial service support for the capabilities.

1.5.3. Even if the activities to design, develop, deploy, train and support the five (5) capabilities are similar, they won’t follow the same schedule as specified in the Project Master Schedule:


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SECTION 2: APPLICABLE DOCUMENTS

2.1.1. NATO

2.1.1.1. Allied Quality Assurance Publications (AQAP)

2.1.1.1.1. [AQAP-2110] AQAP-2110, Edition 3, NATO QA Requirements for Design, Development and Production, 03 December 2009 (NU)

2.1.1.1.2. [AQAP-150] AQAP -150 ed. 2 NATO QA Requirements for Software Development, Sep 1997 (NU)

2.1.1.2. Allied Configuration Management Publications (ACMP), Ed.2, 2007

2.1.1.2.1. [ACMP-1] ACMP-1: NATO Requirements for the Preparation of Configuration Management Plans;

2.1.1.2.2. [ACMP-2] ACMP-2: NATO Requirements for Configuration Identification;

2.1.1.2.3. [ACMP-3] ACMP-3: NATO Requirements for Configuration Control – Engineering Changes, Deviations and Waivers;

2.1.1.2.4. [ACMP-4] ACMP-4: NATO Requirements for Configuration Status Accounting and Configuration Data Management;

2.1.1.2.5. [ACMP-5] ACMP-5: NATO Requirements for Configuration Audits;

2.1.1.2.6. [ACMP-6] ACMP-6: NATO Configuration Management Terms and Definitions;

2.1.1.2.7. [ACMP-7] ACMP-7: NATO Configuration Management - Guidance on the Application of ACMP 1 to 6;

2.1.1.3. Allied Reliability and Maintainability Publications (ARMP), 2008:

2.1.1.3.1. [ARMP-1] ARMP-1, Ed.4: NATO Requirements for Reliability and Maintainability;

2.1.1.3.2. [ARMP-4] ARMP-4, Ed.4: Guidance for writing NATO R&M Requirements Documents;

2.1.1.3.3. [ARMP-6] ARMP-6, Ed.3: Guidance for Managing IN-Service R&M;


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2.1.1.3.4. [ARMP-7] ARMP-7, Ed.2: NATO R&M Terminology applicable to ARMPs;

2.1.1.3.5. [ARMP-9] ARMP-9, Ed.1: Guide to the Management of Software R&M;

2.1.1.4. Security Documents

2.1.1.4.1. [AC/35-D/1015-REV2] AC/35-D/1015-REV2 “Guidelines for the Development of Security Requirement Statements”, 29 April 2010 (NR)

2.1.1.4.2. [AC/35-D/1014-REV2] AC/35-D/1014–REV2 “Guidelines for the structure and content of Security Operating Procedures (SecOPs) for ADP Systems and Networks”, 19 October 2006 (NU)

2.1.1.4.3. [AMN CSRS] “AMN Community Security Requirements Statement (CSRS), endorsed by the ISAF Security Accreditation Board Version 1.4 Dated: 1 August 2011.

2.1.1.4.4. NOS/14(2010)0047. V0.3. AMN Core Risk Assessment carried out by the NATO Security Risk Assessment group (NSRAG). 18 Nov 2010. NATO RESTRICTED Releasable to Australia.

2.1.1.4.5. [ISAF CIS SecAccred Strategy] “The NATO CIS Security Accreditation Board (NSAB) has delegated the responsibility for the CIS accreditation for all NATO missions to SHAPE J2. The Joint ISAF CIS Security AccreditationBoard (ISAB) reports to the NSAB and is responsible for all ISAF network related issues and is ledby SHAPE J2 INFOSEC.” OCT 2009

2.1.1.4.6. [AC/322-D/0030] AC/322-D/0030-REV4 “INFOSEC Technical and Implementation Directive for the Interconnection of Communications and Information Systems (CIS)”, 17 Oct 2005 (NR).

2.1.1.4.7. [AC/35-D/2004-REV2] AC/322-D/0052-REV2 Primary Directive on INFOSEC

2.1.1.4.8. [SOP671] SOP 671 Theatre IA Accreditation Strategy (Draft), 13 May 2011

2.1.1.5. Other NATO Documents

2.1.1.5.1. [AMN Joining Instructions v1.1] AMN Joining Instructions v1.1. AMN TMO, NCSA and NC3A, dated 14 October 2010. NATO RESTRICTED Releasable to ISAF.

2.1.1.5.2. [AMN CONOPS] CONOPS AMN Assurance and Validation. V 0.5, dated 18 August 2010.


NATO UNCLASSIFIED


2.1.1.5.3. HQ ISAF SOP 0010.

2.1.1.5.4. [STANAG 4427] STANAG 4427, Ed.2, 2007, Introduction of Allied Configuration Management Publications (ACMP);

2.1.1.5.5. [STANAG 4174] STANAG 4174, Ed.3, 2008, Allied Reliability and Maintainability Publications (ARMP);

2.1.1.5.6. [AC/322-N(2011)0021-REV2] AC/322-N(2011)0021-REV2, NATO Interoperability Standards and Profiles, Version 5 (NISP v5) NATO UNCLASSIFIED, April 2011.

2.1.1.5.7. [AC/322-D(2007)0048] North Atlantic Council Document AC/322-D(2007)0048, “NATO Architecture Framework Version 3”, 23 Nov 2007 (NU)

2.1.1.5.8. [ACT Dir 75-3] ACT Directive 75-3, Course Development, 7 Nov 2007 (NU)

2.1.1.5.9. [ACT Dir 75-7] ACT Directive 75-7, Education and Individual Training Directive, 27 May 2009 (NU)

2.1.1.5.10. [ACT Dir 75-10] ACT Directive 75-10, Training Needs Analysis, 30 May 2007 (NU)

2.1.2. Non-NATO

2.1.2.1. [IEEE 12207] IEEE Standard 12207- 1995, IEEE Standard for Information Technology - Software Life Cycle Processes

2.1.2.2. [IEEE 1058] IEEE Standard 1058, IEEE Standard for Software Project Management Plans

2.1.2.3. [ISO 13407] ISO 13407:1999, Human-centred Design Processes for Interactive Systems

2.1.2.4. [IEEE 1016] IEEE Standard 1016, IEEE Recommended Practice for Software Design Descriptions

2.1.2.5. [IEEE 829] IEEE standard 829 for Software Test Documentation.

2.1.2.6. [PMBOK] A Guide to the Project Management Body of Knowledge (PMBOK Guide), Third Edition

2.1.2.7. [PRINCE 2] Managing Successful Projects with PRINCE 2, Second Edition.


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SECTION 3: ENGINEERING ACTIVITIES

3.1. GENERAL

3.1.1. This section defines the activities to be performed by the Contractor to analyze, design, develop, deploy, train and support the five (5) capabilities listed below. These activities are identified in a chronological order and can point to generic requirements defined in section 5 for the support, section 6 for the tests or section 7 for the documentation.

3.1.2. This section has the same structure than the Project Master Schedule. It is split in different stages: Functional stage, Design Stage, Development and Integration stage, testing stage, deployment stage, training and support.

3.1.3. This section describes each phase and identifies tasks to be conducted for each capability.

3.1.4. The Contractor shall conduct each task in accordance with the CO-13345-AMN 2012 Project Master Schedule (PMS).

3.1.5. Note: even if the Functional stage, Design Stage, Development and Integration stage, testing stage, deployment stage, training and support are identified in the Project Master Schedule as activities to be done after the previous one, the Contractor and the Purchaser shall agree to perform some stages in parallel in order to reduce time constraints.


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3.2. SITE SURVEYS

3.2.1. This activity is a common to the five (5) AMN 2012 capabilities.

3.2.2. For each location, the site survey performed shall gather information for all capabilities to be deployed at this location. The deployment locations are listed in section 3.7.6).

3.2.3. The Contractor shall perform site surveys at the following locations:

3.2.3.1. NC3A [The Hague Netherlands] (BiSC AIS Integration Test Bed and CIAV testing environments). The BiSC AIS Integration Test Bed will be used to check the compliance of the capabilities in regards to the SRS. The CIAV environment reflects the ISAF architecture, it will be used to validate that the introduction of new systems, or changes to existing systems, don’t impact the already deployed capabilities.

3.2.3.1.1. For the Track Augmentation capability, the site survey aims also to assess the software development environment in the NIRIS laboratory located at NC3A The Hague. This location will also be used to perform Factory acceptance tests and to provide remote assistance during deployment of the new capability as a software update in ISAF.

3.2.3.2. FOC+ [Lambersart France] (FOC+ Compatibility testing environment). FOC+ Compatibility testing environment will be used to check the compatibility of the provided capabilities with the FOC+ architecture set up in ISAF at IJC, RC-N/E/W/SW and maintained by the FOC+ Contractor.

3.2.3.3. NCSA [Mons Belgium] (Fit-for-Use Testing). The Fit-for-Use tests are performed by NCSA to validate that the system can be deployed, and act as a final quality control checkpoint before system release.

3.2.3.4. ISAF locations where the capabilities shall be delivered: Capability Site Survey location

Enterprise portal ISAF HQ, IJC Option EP-ADL: One location in Europe and one location in ISAF.

Text Chat IJC, RC-S, RC-N C2 interoperability IJC, RC-S. Software License Management

ISAF HQ, IJC


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3.2.4. The surveys shall be conducted with NC3A representatives, and the duration is one (1) calendar day for each site in Europe. This duration does not take into account the travel time.

3.2.5. The surveys shall be conducted with NC3A representatives, and the duration is on an average of nine (9) calendar days for each site in ISAF including intra theatre travel. This duration does not take into account the travel time in and out of ISAF

3.2.6. The Contractor shall propose the timing of the site surveys four (4) weeks in advance.

3.2.7. The site surveys shall be used to resolve the following issues:

3.2.7.1. Identification of the exact shipment addresses and NATO Points of Contact (POCs) for subsequent equipment delivery and for tasks to be performed;

3.2.7.2. Identification of hardware, operating systems and external systems deployed at the site survey location;

3.2.7.3. Identification of specific COTS constraint to be provided by the Contractor and install at each location;

3.2.7.4. Identification of any external connections needed;

3.2.7.5. Inventory of equipment to be installed;

3.2.7.6. Survey of the physical plant (server rooms, site layout, etc.) and identification of additional power or civil works are required;

3.2.7.7. Co-ordination of site installation periods;

3.2.7.8. Activities, site adaptations to be done by the stakeholders to deploy and support the equipment;

3.2.7.9. Item to be provided by the stakeholders to deploy and support the equipment;

3.2.7.10. List of tools, test equipment and software to be provided by the Contractor required to deploy, test and support the System;

3.2.7.11. Training equipment to be provided by NATO to perform training courses.

3.2.8. For the Enterprise Portal capability:


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3.2.8.1. The level of knowledge considered as “adequate” to the ISAF AMN environment shall be defined jointly by Contractor/Purchaser/Customer at the time of the Site Survey. It is, for instance, possible to identify that the level of expectation is based on an “expected” consolidation of existing training documentation, improved by the Contractor through AMN EP Help Desk personnel interviews (incidents reports, tacit knowledge, etc.) and ISAF IKM staff interviews, implemented by the installation of a customizable (by the Learning Process Manager) SCORM 2004 compliant Web-based System accessible by the Audience.

3.2.8.2. The site survey aims also to assess the host environment technical baseline and agree on high level storyboard, use cases, data retention policy, data structure, and training structure with the final user representatives (IKM leaders, HQ ISAF and IJC). As part of this analysis, the Contractor shall identify and discuss: Audience, Technology (server farm baselines, desktops baselines for all networks); Help Desk log (Incident Analysis); Environmental analysis; Existing; Training material; Existing multi-media learning material; Training Goals.

3.2.8.3. The contractor shall gather information to identify the scalability of the system as defined in Annex 2 – Enterprise Portal SRS section Scalability.

3.2.9. For the Text Chat capability:, the Contractor shall conduct an analysis of the current AMN text chat architecture to optimize the use of hardware and communication capacity; i.e. Quality of Service (QoS) available for the chat, backup systems, hot standby servers and software extensions. The site survey also aims to assess the host environment technical baseline and agree on high level storyboard, use cases, data retention policy, data structure, and training structure with the final user representatives.

3.2.10. For the C2 Interoperability capability, the site survey at IJC and RC-S also aims at getting a first appreciation of the tools and processes for the TIC manager and CIED Viewer Web parts.

3.2.11. At EDC+4 weeks, the Contractor shall provide a site survey questionnaire based on requirements defined section 3.2.

3.2.12. The Contractor shall provide a Site Survey Report detailing its findings from the site survey, identifying all required Purchaser and Contractor actions to prepare for, conduct, or support the AMN 2012 capabilities installation and activation.

3.2.13. Based on the Site Survey, the Contractor may propose SRS modifications. These modifications shall be presented during the System Requirement Review.

3.2.14. Site surveys reports shall be provided one week after the site survey.


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3.3. FUNCTIONAL ANALYSIS STAGE

3.3.1. During this stage, the Contractor shall:

3.3.1.1. Participate to a knowledge transfer (as defined section 3.3.2).

3.3.1.2. Set up the technical environment (software application) required to develop the capabilities (as defined section 3.3.3).

3.3.1.3. Analyse the system requirement specifications (as defined section 3.3.4).

3.3.1.4. Conduct security analysis (as defined section 3.3.7).

3.3.1.5. Conduct Reviews/Meetings:

3.3.1.5.1. A Joint Technical Review with the Purchaser and NATO stakeholders to refine the system requirement specifications (as defined section 3.3.6).

3.3.1.5.2. A security working group to define and schedule the accreditation process (as defined section 3.3.8).

3.3.1.5.3. A User Working Group (as defined section 3.3.5).

3.3.1.5.4. A System Requirement Review (SRR) to close the functional analysis stage (as defined section 3.3.9).

3.3.1.6. The following table summarizes the activities to be performed for each AMN 2012 capability:

Activities / Capabilities

Enterprise Portal CBT Text Chat Track

Augmentation C2

interoperability

Software License

Management

Knowledge transfer

YES: activities to be performed in accordance with section 3.3.2





Technical environment Set-up

YES: activities to be performed in accordance with section 3.3.3.





SRS analysis







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User Working Group NO


NO NO NO

Joint Technical Review

YES: activities to be performed in accordance with section.3.3.6.




YES: activities to be performed in accordance with section.3.3.6

Security Analysis NO





Security working group NO


NO


NO

System Requirement Review (SRR)






3.3.1.7. For Enterprise Portal: a security analysis is not requested. Nevertheless, the Contractor shall support the Purchaser to achieve CCP and AFPL compliance. This support is for instance requested if the Enterprise Portal CBT is based on new software not part of the AFPL.

3.3.2. NC3A Knowledge Transfer

3.3.2.1. The Knowledge Transfer aims to provide to the Contractor information on:

3.3.2.1.1. Systems to be enhanced (functions, code programme structure, systems interfaced…).

3.3.2.1.2. Design constraints.

3.3.2.1.3. Testing constraints.

3.3.2.1.4. Security process.

3.3.2.1.5. Deployment issues.


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3.3.2.2. NC3A will organize the conference. The specific agenda will be determined at EDC and will be agreed with the Contractor.

3.3.2.3. The knowledge Transfer shall be done at NC3A The Hague or Brussels.

3.3.2.4. The Contractor shall ensure the participation in the Knowledge Transfer of Contractor staff representing the following functions:

3.3.2.4.1. Project management;

3.3.2.4.2. Technical leads;

3.3.2.4.3. Test leads;

3.3.2.4.4. QA leads;

3.3.2.4.5. Lead software developers;

3.3.2.4.6. Lead documentation and training material writers.

3.3.2.5. At the end of the knowledge transfer, the Purchaser will provide Purchaser Furnished Documents as defined in ANNEX 1 – Purchaser Furnished Items.

3.3.2.6. For Track Augmentation, at the end of the knowledge transfer, the Contractor shall provide the server as specified in the Annex 4 Track Augmentation System Requirement Specifications. This hardware shall be provided in accordance with ILS requirements defined section 5.5.

3.3.3. Technical environment required to develop the capabilities

3.3.3.1. As defined in Annex 1 - Purchaser Furnished Items, the Purchaser will provide a test development environment. This test environment will be accessible by the Contractor through a NATO UNCLASSIFIED networks.

3.3.3.2. On top of this test development environment, the Purchaser will provide NATO systems that can be used by the Contractor, at his premises, to develop the AMN 2012 capability. These systems are defined in Annex 1 - Purchaser Furnished Items. At the end of the knowledge transfer, the Purchaser will provide these systems to the Contractor and will support him to install and configure them on his equipment.

3.3.3.3. To that end, the Contractor shall come to the Knowledge Transfer session with his own equipment and licences required to build, install and operate to upload the Purchaser Furnished Systems. The COTS required to install the NATO systems


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are listed in the Annex 1 - Purchaser Furnished Items. The Contractor is responsible to provide them.

3.3.3.4. The Contractor shall prove that the provided systems are operational on his equipment before leaving the knowledge transfer. The software licenses required to build, install and operate the Purchaser Furnished Systems are enumerated in Annex 1.

3.3.3.5. For the Enterprise Portal CBT capability, no additional specific requirements.

3.3.3.6. For the Text Chat capability, no additional specific requirements.

3.3.3.7. For the Track Augmentation capability, development will occur in the NIRIS laboratory at NC3A The Hague. The technical environment is set-up to develop NIRIS based capabilities. The Contractor shall provide the hardware specified in Annex 4- Track Augmentation SRS (section 8.3). This equipment shall follow the management and control of logistics movements detailed in section 5.5

3.3.3.8. For the C2 Interoperability capability the development will be mainly performed at the contractor’s premises. However, the majority of the interfacing systems are only made accessible via the remote access to an NC3A test network (Security level is NATO unclassified). NC3A will also provide the AMN 2011 INT-CORE capabilities, these deliverables don’t include the COTS licenses identified in Annex 5- C2 interoperability SRS especially the Microsoft Biztalk licenses.

3.3.3.9. For the Software License Management capability, no additional specific requirements

3.3.4. System requirement specifications analysis

3.3.4.1. The Contractor shall review the System Requirements Specification (SRS); the Purchaser Furnished documents; inspect the Purchaser Furnished systems as listed in Annex 1; liaise with NATO subject matter experts as necessary; and prepare its recommendations in terms of proposed changes to the SRS.

3.3.4.2. The Contractor may propose changes to the SRS, in order to resolve inconsistencies and/or make improvements. After the formal Systems Requirements Review, such proposals shall be considered by the Purchaser through the Configuration Control Management (CCB) process.

3.3.4.3. The Contractor shall justify its proposed changes by the expected system cost, schedule, functionality, performance, and supportability impacts.

3.3.4.4. During this requirements analysis, the Contractor shall:


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3.3.4.4.1. Identify any requirements that are in conflict (e.g., with design constraints);

3.3.4.4.2. Provide the missing operational scenarios, use cases.

3.3.4.4.3. Define the environment in which the product will operate, including boundaries and constraints.

3.3.4.4.4. Analyse stakeholder needs, expectations, constraints, and external interfaces to remove conflicts and to organise into related subjects.

3.3.4.4.5. Analyse requirements to ensure that they are complete, feasible, realizable, and verifiable.

3.3.4.4.6. Define constraints for verification and validation.

3.3.4.4.7. Establish and maintain relationships among the requirements under consideration during change management and requirements allocation.

3.3.4.4.8. Develop the lifecycle requirements of the product (e.g., development, maintenance, transition to operations, evolution).

3.3.4.4.9. Provide impact assessment of new project issues, risks, and changes.

3.3.4.4.10. Identify technical performance measures to be tracked during the implementation.

3.3.4.4.11. Explore the adequacy and completeness of requirements by developing product representations (e.g., prototypes, simulations, models, scenarios, and storyboards) and by obtaining feedback about them from relevant stakeholders.

3.3.4.5. Based on this analysis, the Contractor shall identify all proposed changes to System Requirements Specification in the form of one or more Change Requests. The Contractor shall prepare Change Requests following the guidelines of the Contract configuration management requirements and shall include, as a minimum, the following information:

3.3.4.5.1. SRS section(s) affected.

3.3.4.5.2. Contractor’s technical contact.

3.3.4.5.3. Nature of change (Deletion, Modification, or Addition)

3.3.4.5.4. Impact


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3.3.4.5.5. Description of what impact the change will have on the delivered system’s cost, schedule, and/or performance. This description shall include any tradeoffs that shall be considered.

3.3.4.6. The Contractor shall maintain the System Requirement Specifications (SRS) under a requirement management tool (DOORS).

3.3.4.7. For each requirement, the Contractor shall identify the verification method to be used to verify the requirement. The verification methods are described section 6.4.

3.3.4.8. For the Enterprise portal, the Contractor shall:

3.3.4.8.1. Analyse the AMN EP’s use;

3.3.4.8.2. Define the Instructional Objectives;

3.3.4.8.3. Associate Knowledge Blocks to each Instructional Objectives;

3.3.4.8.4. Define Performance Rating;

3.3.4.8.5. Instructional Objectives;

3.3.4.8.6. Storyboard drafts.

3.3.4.9. For Text Chat, the Contractor shall conduct an analysis of the current AMN text chat architecture to optimize the use of hardware and communication capacity; i.e. Quality of Service (QoS) available for the chat, backup systems, hot standby servers and software extensions.

3.3.4.10. For the Track Augmentation capability, no additional specific requirements.

3.3.4.11. For the C2 Interoperability Capability, the Contractor shall capture operational scenarios and use cases with a level of detail sufficient to prepare for testing and validation in-line with the actual usage profiles in theatre. This applies to all products handled or managed by the C2 Interoperability capability.

3.3.4.12. For the Software License Management capability, the Contractor shall conduct an analysis of the current AMN license metering capabilities to assess whether existing tools can be configured to support the essential requirements or if a new COTS product is required.

3.3.5. User Working Group


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3.3.5.1. The Contractor shall organize a User working group meeting in accordance with meetings requirements defined section 4.15.

3.3.5.2. The meeting aims to clarify the System Requirement Specifications regarding the operational concept and ensure that the deliverables will fit User expectations.

3.3.5.3. The location of the User Working Group meeting shall be at NC3A Brussels or The Hague or SHAPE, Mons Belgium.

3.3.5.4. Five (5) working days before the meeting, the Contractor shall provide questions to be addressed during this User Working Group.

3.3.6. Joint Technical Review

3.3.6.1. The Contractor shall organise and conduct a Joint Technical Review, as defined in IEEE 12207 [IEEE 12207] , to address and resolve critical technical issues in advance of major reviews such as Requirements, Design or Test Reviews. These reviews should include operational users from NATO organisations and/or NATO Subject Matter Experts (SMEs) where appropriate.

3.3.6.2. This Joint Technical Review shall also be used to identifying the type of training courses required and the number of Purchaser staff to be trained for each course.

3.3.6.3. This Joint Technical Review shall be performed at NC3A The Hague or Brussels or SHAPE (Mons Belgium).

3.3.6.4. The Contractor shall propose the timing of the Joint Technical Review 4 weeks in advance to ensure the most critical technical risks are raised and mitigated as early as possible.

3.3.6.5. The Contractor shall deliver the following information at least two (2) weeks prior the review: a meeting agenda and a list of issues to be reviewed, with an impact assessment, root cause of the issue (evidence) and possible solutions per issue.

3.3.6.6. The Contractor shall provide all relevant resources including personnel, hardware, software, and tools for this review.

3.3.6.7. The Contractor shall deliver the following items within one week after the review: meeting minutes, updated issues log, and any resulting proposed change requests.

3.3.7. Security analysis

3.3.7.1. The following capabilities shall be approved to handle information up to: Capability Level of information to be handled


NATO UNCLASSIFIED


Text Chat Up to NATO Secret and ISAF Secret Track Augmentation Up to NATO Secret and ISAF Secret C2 interoperability Up to ISAF Secret


NATO UNCLASSIFIED


3.3.7.2. The Contractor shall conduct a Security Risk Assessment (SRA) which identifies all threats, vulnerabilities, and resulting risks to the required capabilities using the PILAR methodology.

3.3.7.3. The SRA shall identify any changes to the SRS required to achieve the desired system security accreditation.

3.3.7.4. The Contractor shall prepare the System Security Requirements Statement (SSRS), defining all security measures required to counter the risks identified in the SRA, as a change to the SRS. The SSRS shall comply with NATO guidelines for the development of security requirement statements [AC/35-D/1015-REV2]. The SSRS shall include security requirements which are not already identified in the [AMN CSRS].

3.3.7.5. The Contractor shall prepare a System Interconnection Security Requirements Statement (SISRS) for each interface between the AMN2012 capabilities and any other Purchaser system as a change to the SRS. The SIRS shall comply with NATO guidelines for the development of security requirement statements [AC/35-D/1015-REV2].

3.3.7.6. A security analysis shall be conducted for each capability. The following table lists the documents to be provided per capability:

Capability SRA SSRS SISRS Text Chat To be provided by the

Contractor To be provided by the Contractor

To be provided by the Contractor

Track Augmentation To be updated by the Contractor

To be updated by the Contractor

To be updated by the Contractor

C2 interoperability To be provided by the Contractor



3.3.7.7. For the Track Augmentation capability, the SRA, SSRS and SISRS already exist for NIRIS. The Contractor shall support the Purchaser to update the documents. This task is assumed to last 5 working days.

3.3.7.8. For the C2 Interoperability capability, SRA, SSRS and SISRS have already been developed for the AMN INT-CORE. These existing documents shall be updated to reflect the AMN 2012 changes and new interfaces.

3.3.8. Security Working Group Meeting

3.3.8.1. Meeting the requirements of ISAB and NCSA/NIATC is a prerequisite for approval and accreditation, which is in turn required for the fielding of capability on the NATO Secret and ISAF Secret Networks. The Contractor shall attend a


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Security Working Group Meeting with, NSCA/ NIATC, and ISAB to review the security requirements and the approval/accreditation process.

3.3.8.2. The meeting is primarily intended to review the process that will be used to verify the compliance of the software provided by the Contractor with NATO information security requirements. Further, the meeting will provide an opportunity to perform the security accreditation planning and to review the various security documents that are required by the accrediting authority.

3.3.8.3. The location of the Security Working Group meeting shall be at SHAPE, Casteau, BEL.

3.3.8.4. The meeting shall take place after the Knowledge Transfer conference. It is anticipated that this meeting shall be one day in duration.

3.3.8.5. The Contractor shall ensure participation of, at a minimum, the information assurance lead and a project management representative.

3.3.8.6. Ten (10) working days before the meeting, the Contractor shall provide:

3.3.8.6.1. The Security Accreditation Plan which describes the Contractor deliverables and the interaction with the Purchaser in order to achieve timely (before scheduled piloting stage) system security accreditation. The Security Accreditation Plan shall be in accordance with Security Documents listed section 2.1.1.4.

3.3.8.6.2. A preliminary Security Risk Assessment for each capability identified section 3.3.5.

3.3.8.7. The Contractor shall deliver the Minutes within one week after the meeting.

3.3.9. System Requirement Review

3.3.9.1.1. The System Requirement Review shall be held in accordance with review requirements defined section 4.15.9.

3.3.9.1.2. The System Requirement Review shall be held at NC3A The Hague or Brussels.

3.3.9.1.3. The Contractor shall provide the following documents for the review: Capabilities Documents to be provided Applicable Contract requirements

Enterprise Portal CBT Enterprise Portal System Requirement Specifications Analysis

The Contractor shall demonstrate that the requirements defined section 3.3.4.5 have been met.

Enterprise Portal System Requirement The Contractor shall apply requirements defined


NATO UNCLASSIFIED


Specifications Change Requests section 3.3.4.5. Initial Enterprise Portal system ‘story boards’, use cases and scenarios document

The Contractor shall apply requirements defined section 3.3.4.8.

Capabilities Documents to be provided Applicable Contract requirements

Text Chat

Text Chat Architecture analysis The Contractor shall apply requirements defined 3.3.4.9.

Text Chat System Requirement Specifications Analysis


Text Chat System Requirement Specifications Change Requests


Text Chat Security Accreditation Plan The Contractor shall apply requirements defined section 3.3.8.6.1

Text Chat Security Risk Assessment The Contractor shall apply requirements defined section 3.3.7.

Text Chat SSRS & SISRS The Contractor shall apply requirements defined section 7.2.7 and 7.2.8.

Text Chat User Case document The Contractor shall apply requirements defined section 7.2.2.


Track Augmentation

Track Augmentation System Requirement Specifications Analysis


Track Augmentation System Requirement Specifications Change Requests


Update of Track Augmentation Security Documentation


Track Augmentation Use Case document

The Contractor shall apply requirements defined section 7.2.2.


C2 interoperability

C2 interoperability System Requirement Specifications Analysis


C2 interoperability System Requirement Specifications Change Requests


Update C2 interoperability security documents (SAP, SRA, SSRS, SISRS)

The Contractor shall apply requirements defined section 3.3.7.8. and 3.3.8.6.1.

C2 interoperability Use Case document



Software License Management

Software License Management System Requirement Specifications Analysis


Software License Management The Contractor shall apply requirements defined


NATO UNCLASSIFIED


System Requirement Specifications Change Requests

section 3.3.4.5.

Software License Management Security Accreditation Plan

The Contractor shall apply requirements defined section 3.3.7.7..

Software License Management Use Case document



NATO UNCLASSIFIED


3.4. DESIGN STAGE


3.4.1.1. Design the AMN 2012 capabilities in accordance with the SRS as defined section 3.4.2.

3.4.1.2. Conduct Reviews/Meetings:

3.4.1.2.1. A Support Working Group meeting to define the Integrated Support Logistics Plan as defined section 3.4.3.

3.4.1.2.2. A Joint Technical Review (JTR) with the Purchaser and NATO stakeholders as defined section 3.4.4.

3.4.1.2.3. A Critical Design Review (CDR) to close the design analysis stage as defined section 3.4.5.


Activities/Capabilities

Enterprise Portal CBT

Text Chat Track Augmentation

C2 interoperability

Software License

Management

Design the AMN 2012 capability






Support Working Group meeting






Joint Technical Review (JTR) NO





Critical Design Review (CDR)







NATO UNCLASSIFIED


3.4.2. Design analysis

3.4.2.1. The Contractor shall perform system design activities in compliance with the processes defined in IEEE 12207 [IEEE 12207] and IEEE 1016 (IEEE Recommended Practice for Software Design Descriptions) [IEEE 1016].

3.4.2.2. The Contractor shall establish the System Design Specification (SDS) based on the approved SRS specifying the Functional Baseline. The SDS shall describe the AMN 2012 capabilities to a level of detail that is sufficient for the Purchaser to be able to understand how the capabilities will be implemented, operated, and managed.

3.4.2.3. Requirements on the System Design Specification (SDS) are defined section 7.2.6.

3.4.2.4. The SDS shall include a System Security Design Specification to support accreditation of the AMN 2012 capabilities. Requirements related to System Security Design Specification are defined section 7.2.7.

3.4.2.5. As an appendix to the SDS, the Contractor shall provide and maintain a Requirements Traceability Matrix that links each element of the SDS to the corresponding requirement(s) stated in the SRS. The Contractor shall extend this matrix to the Allocated Baseline, Product Baseline, and the Test Plan to ensure the Purchaser can verify compliance throughout the project.

3.4.2.6. The Contractor shall conduct the following specific activities:

3.4.2.6.1. Enterprise portal, additional requirements:

3.4.2.6.1.1 Conduct an analysis of PFI DHS / Enterprise Portal CBT, consider the site survey results, assess through the System Design the chosen technical architecture, components, modules, interfaces.

3.4.2.6.1.2 Review and adjust the Storyboards and Use Cases;

3.4.2.6.2. Text Chat, additional requirements:

3.4.2.6.2.1 Define the Text Chat design according to the Text Chat Architecture analysis.

3.4.2.6.3. Track Augmentation, additional requirements:

3.4.2.6.3.1 The Design Analysis must be completed in collaboration with NIRIS software and track dissemination SME at NC3A The Hague.


NATO UNCLASSIFIED


3.4.2.6.4. C2 interoperability, additional requirements:

3.4.2.6.4.1 Develop mock-ups for the user interface to include management interface and the two web parts.

3.4.2.6.4.2 Conduct a performance analysis with a special focus on replication.

3.4.2.6.5. Software License Management, additional requirements:

3.4.2.6.5.1 Conduct an analysis of existing software metering capability on the AMN, consider the site survey results, assess through the System Design the chosen technical architecture, components, required COTS, etc.

3.4.3. Support Working Group meeting

3.4.3.1. The Contractor shall organize a support working group meeting in accordance with meetings requirements defined section 4.15.

3.4.3.2. The meeting aims to prepare the training plan and the ILS plan.

3.4.3.3. The location of the Support Working Group meeting shall be at NC3A Brussels or The Hague.

3.4.3.4. Ten (10) working days before the meeting, the Contractor shall provide:

3.4.3.4.1. A preliminary Training Plan in accordance with section 5.7.1.

3.4.3.4.2. A preliminary ILS Plan in accordance with section 5.2.



3.4.3.7. Track Augmentation: The ILS Plan shall be derived from existing plans to perform NIRIS software updates within ISAF. The NC3A SMEs are in charge to deploy the capability in ISAF.

3.4.4. Joint Technical Review

3.4.4.1. The Joint Technical Review shall be held at NC3A The Hague or Brussels.

3.4.4.2. The Joint Technical Review shall last 3 days.

3.4.4.3. The Joint Technical Review shall include, but not be limited to, a review of a mock-up or prototype of the major user interface features; a description of the data


NATO UNCLASSIFIED


model, database and system services; as well as a concept for data synchronisation with between nodes of the AMN 2012 capabilities and with external systems.

3.4.4.4. The Contractor shall provide the following documents for the review:


Text Chat

Text Chat user interface features (mock-up, HCI)

Text Chat Interface Control Document The Contractor shall apply requirements defined section 7.2.12.

Text Chat Training Requirement Analysis

The Contractor shall apply requirements defined section 5.7.2


Track Augmentation

Track Augmentation user interface features (mock-up, HCI)

Track Augmentation Interface Control Document


Track Augmentation Training Requirement Analysis



C2 interoperability

C2 interoperability user interface features (mock-up, HCI)

C2 interoperability Interface Control Document


C2 Interoperability Draft Canonical Data Models

The Contractor shall apply requirements defined in the Annex 5- C2 interoperability SRS –Section 5.1 C2 interoperability services.

C2 interoperability Portal Training Requirement Analysis




Software License Management user interface features (mock-up, HCI) or COTS documentation showing interface examples

Software License Management Training Requirement Analysis



NATO UNCLASSIFIED


3.4.4.5. The Contractor shall propose the timing of the Joint Technical Review four (4) weeks in advance to ensure the most critical technical risks are raised and mitigated as early as possible.

3.4.4.6. The Contractor shall deliver the documents at least ten (10) working days prior the review: a meeting agenda and a list of issues to be reviewed, with an impact assessment, root cause of the issue (evidence) and possible solutions per issue.

3.4.4.7. The Contractor shall provide all relevant resources including personnel, hardware, software, and tools for this review.

3.4.4.8. The Contractor shall deliver the following items within one week after the review: meeting minutes, updated issues log, and any resulting proposed change requests

3.4.4.9. During the Joint Technical Review, the Contractor shall present the mock-up and Graphical User Interface (GUI) prototypes.


3.4.4.10.1. Text Chat: no specific additional requirements.

3.4.4.10.2. Track Augmentation:

3.4.4.10.2.1 There are two HCI to mock-up. The first is the web-page for the “NIRIS Track Augmentation Manager” which will be served by the NIRIS server. The second is the FrontPage XForm for the “National Track Augmentation Data Manager” which will be served by the DHS.

3.4.4.10.2.2 A mock-up for the TrAD-Consumer and TrAD-Producer web-services, together with a HCI test-page, must be presented.

3.4.4.10.3. C2 Interoperability:

3.4.4.10.3.1 There are two main mock-ups one for each for the two web parts. The first one is the TIC Manager and the second one is the CIED Viewer. The Contractor shall present these mock-ups.

3.4.5. Critical Design Review (CDR)

3.4.5.1.1. The Critical Design Review shall be held in accordance with review requirements defined section 4.15.9.

3.4.5.1.2. The Critical Design Review shall be held at NC3A The Hague or Brussels.


NATO UNCLASSIFIED


3.4.5.1.3. The Contractor shall provide the following documents for the review: Capabilities Documents to be provided Applicable Contract requirements


Enterprise Portal CBT Allocated Baseline As defined section 4.12.2.1.

Enterprise Portal user interface features (mock-up, HCI)

Enterprise Portal CBT System Implementation Plan


Enterprise Portal CBT Test Plan The Contractor shall apply requirements defined section 7.2.4.

Enterprise Portal CBT Training Programme


Enterprise Portal CBT Training Plan The Contractor shall apply requirements defined section 5.7.2

Enterprise Portal Training Requirement Analysis


Final Enterprise Portal Storyboards and Use Cases



Text Chat

Text Chat Allocated Baseline As defined section 4.12.2.1. Text Chat System Design Specifications (SDS)


Text Chat System Implementation Plan


Text Chat Test Plan The Contractor shall apply requirements defined section 7.2.4.

Text Chat Training Programme The Contractor shall apply requirements defined section 5.7.4.

Text Chat Training Plan The Contractor shall apply requirements defined section 5.7.2


Track Augmentation

Track Augmentation Allocated Baseline As defined section 4.12.2.1.

Track Augmentation System Design Specifications (SDS)


Track Augmentation Test Plan The Contractor shall apply requirements defined section 7.2.4.

Track Augmentation Training Programme


Track Augmentation Training Plan The Contractor shall apply requirements defined section 5.7.2


C2 interoperability C2 interoperability Allocated Baseline As defined section 4.12.2.1. C2 interoperability System Design The Contractor shall apply requirements


NATO UNCLASSIFIED


Specifications (SDS) defined section 7.2.6. C2 interoperability System Implementation Plan


C2 interoperability Test Plan The Contractor shall apply requirements defined section 7.2.4.

C2 interoperability Training Programme


C2 interoperability Training Plan The Contractor shall apply requirements defined section 5.7.2



Software License Management Allocated Baseline As defined section 4.12.2.1.

Software License Management System Design Specifications (SDS)


Software License Management System Implementation Plan


Software License Management Test Plan


Software License Management Training Programme



NATO UNCLASSIFIED


3.5. SYSTEM DEVELOPMENT AND INTEGRATION

3.5.1. During this stage, the Contractor shall

3.5.1.1. Develop the AMN 2012 capabilities in accordance with the SDS as defined section 3.5.5.

3.5.1.2. Conduct a Testing Working Group meeting to prepare the Test Procedures as defined section 3.5.6.

3.5.1.3. Conduct a Product Baseline Review for each AMN 2012 capabilities at the end of the development and integration as defined in section 3.5.7.



Enterprise Portal CBT Text Chat Track

Augmentation C2

interoperability

Software License

Management

AMN 2012 capabilities development






Testing Working Group meeting






Product Baseline Review







NATO UNCLASSIFIED


3.5.2. During the development stage, if the Contractor is not located at NC3A Brussels or The Hague, the Purchaser reserves the right to monitor the Contractor's activities to ensure that sound engineering practices are followed and that the requirements of the SRS are met.

3.5.3. The Contractor shall permit Purchaser personnel or designees to inspect the Development Baseline.

3.5.4. The Purchaser will notify the Contractor at least three working days before an inspection visit.

3.5.5. AMN 2012 capabilities development

3.5.5.1. The Contractor shall develop the system in accordance with the System Requirement Specifications and analysis conducted during the Functional and Design stages.

3.5.5.2. The Contractor shall procure the software necessary to build the capability.

3.5.5.3. The Contractor shall develop and integrate the components identified in the SDS.

3.5.5.4. The Contractor shall perform system development and integration activities in compliance with the processes defined in sections 5.3.8 through 5.3.13 of IEEE 12207 [IEEE 12207].

3.5.5.5. For such custom adaptation as identified at JTR or CDR and agreed to as part of the SDS, the Contractor shall adapt, integrate, document, and test software applications and scripts.

3.5.5.6. The Contractor shall document the design, models, algorithms, data structures, and source code for all CIs it develops or adapts. This documentation shall be managed as part of the Contractor’s Development and Product Baselines.

3.5.5.7. The Contractor shall be responsible for integration of the AMN 2012 capabilities. This integration shall include both the integration of the various hardware and software elements that constitute the AMN 2012 capabilities and the integration of the AMN 2012 capabilities with the existing NATO systems and capabilities specified in the SRS.


3.5.5.8.1. Enterprise portal:


NATO UNCLASSIFIED


3.5.5.8.1.1 The Contractor shall develop the training modules according to the Annex 2 – Enterprise portal SRS.

3.5.5.8.2. Text Chat, no additional specific requirements.


3.5.5.8.3.1 The code shall be developed in a test-driven manner, as is required for all NIRIS developments within the NIRIS laboratory. The interaction with FAS will be unit-tested within the lab using mock-up interfaces of FAS.

3.5.5.8.4. C2 interoperability:

3.5.5.8.4.1 The capability includes 4 main packages: 3.5.5.8.4.1.1 – Protocol Adapters (data interfaces) 3.5.5.8.4.1.2 – Web Parts 3.5.5.8.4.1.3 – Distributed INT-CORE. 3.5.5.8.4.1.4 – Federated Search.

3.5.5.8.4.2 The development shall be conducted using an agile development methodology in order to provide early feedback and validation of each functional and non-functional requirement.

3.5.5.8.4.3 C2 interoperability enhancements shall be delivered incrementally, and the content of each increment shall represent an equal amount of effort/difficulty. In particular, the topics that are assessed to represent a more difficult technical challenge shall be addressed in the first increments.

3.5.5.8.4.4 One month before the Product Baseline Review, the Purchaser will provide to the Contractor the latest version of the AMN 2011 INT-CORE. The Contractor shall integrate or ensure compliance with this latest version before the Product Baseline Review.

3.5.5.8.4.5 Software License Management:

3.5.5.8.4.6 The Contractor shall develop the Software License Management system according to the Annex 2 – Software License Management SRS

3.5.5.9. The Contractor shall provide a release candidate version of the Product Baseline.

3.5.6. Testing Working Group meeting


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3.5.6.1. The Contractor shall organize a Testing working group meeting in accordance with meetings requirements defined section 4.15.

3.5.6.2. The meeting aims to prepare the test procedures.

3.5.6.3. The location of the Testing Working Group meeting shall be at NC3A Brussels or The Hague.

3.5.6.4. Ten (10) working days before the meeting, the Contractor shall provide Preliminary test Procedures in accordance with section 7.2.5.


3.5.7. Product Baseline Review

3.5.7.1. The Product Baseline Review shall be held in accordance with review requirements defined section 4.15.9.

3.5.7.2. The Product Baseline Review shall be held at NC3A The Hague or Brussels.

3.5.7.3. The Contractor shall provide the following products for the review: Capabilities Products to be provided Applicable Contract requirements


Enterprise Portal CBT Product Baseline As defined section 4.12.2.3.

Enterprise Portal CBT Test procedures The Contractor shall apply requirements defined section 7.2.5.

Enterprise Portal CBT Training materials


Enterprise Portal CBT User Documentation


Enterprise Portal CBT Technical Documentation


Enterprise Portal Integrated Logistics Support Plan (ILSP)

The Contractor shall apply requirements defined section 5.2.

Enterprise Portal CBT Operating and Maintenance Manuals


Enterprise Portal Materiel Data Sheet (MDS) The Contractor shall apply requirements defined section 5.4.1.

Enterprise Portal CBT Functional baseline

As defined section 4.12.2.1. The Contractor shall update the Functional Baseline if changes have occurred during the Development stage.

Enterprise Portal CBT Allocated Baseline

As defined section 4.12.2.1. The Contractor shall update the Allocated Baseline if changes have occurred during the Development stage.


NATO UNCLASSIFIED


Capabilities Products to be provided Applicable Contract requirements

Text Chat

Text Chat Product Baseline As defined section 4.12.2.3. Text Chat Test procedures. The Contractor shall apply requirements defined section 7.2.5. Text Chat Training materials The Contractor shall apply requirements defined section 5.7 Text Chat User Documentation


Text Chat Technical Documentation

The Contractor shall apply requirements defined section 7.2.14..

Text Chat Security Operating Procedures (SECOPS)

The Contractor shall apply guidelines for the structure of the content of Security Operating Procedures (SecOps) for CIS [AC/35-D/1014] and requirements defined section 7.2.10.

Text Chat Security Implementation Procedure


Text Chat Integrated Logistics Support Plan (ILSP)


Text Chat Operating and Maintenance Manuals


Text Chat Materiel Data Sheet (MDS) The Contractor shall apply requirements defined section 5.4.1.

Text Chat Functional baseline


Text Chat Allocated Baseline As defined section 4.12.2.1. The Contractor shall update the Allocated Baseline if changes have occurred during the Development stage.


Track Augmentation

Track Augmentation Product Baseline As defined section 4.12.2.3.

Track Augmentation Test procedures. The Contractor shall apply requirements defined section 7.2.5.

Track Augmentation Training materials

The Contractor shall apply requirements defined section 5.7

Track Augmentation User Documentation


Track Augmentation Technical Documentation


Track Augmentation Security Implementation Procedure


Track Augmentation Integrated Logistics Support Plan (ILSP)


Track Augmentation Operating and Maintenance Manuals


Track Augmentation Materiel Data Sheet (MDS) The Contractor shall apply requirements defined section 5.4.1.


NATO UNCLASSIFIED


Track Augmentation Functional baseline


Track Augmentation Allocated Baseline



C2 interoperability

C2 interoperability Product Baseline As defined section 4.12.2.3.

C2 interoperability Test procedures. The Contractor shall apply requirements defined section 7.2.5.

C2 interoperability Training materials


C2 interoperability User Documentation


C2 interoperability Technical Documentation


C2 interoperability Security Operating Procedures (SECOPS)

The Contractor shall apply guidelines for the structure of the content of Security Operating Procedures (SecOps) for CIS [AC/35-D/1014] and requirements defined section 7.2.10

C2 interoperability Security Implementation Procedure


C2 interoperability Integrated Logistics Support Plan (ILSP)


C2 interoperability Operating and Maintenance Manuals


C2 interoperability Materiel Data Sheet (MDS) The Contractor shall apply requirements defined section 5.4.1.

C2 interoperability Functional baseline


C2 interoperability Allocated Baseline




Software License Management Product Baseline

As defined section 4.12.2.3.

Software License Management Test procedures.


Software License Management Training materials


Software License Management User Documentation



NATO UNCLASSIFIED


Software License Management Technical Documentation


Software License Management Security Implementation Procedure


Software License Management Integrated Logistics Support Plan (ILSP)


Software License Management Operating and Maintenance Manuals


Software License Management Materiel Data Sheet (MDS)


Software License Management Functional baseline


Software License Management Allocated Baseline



NATO UNCLASSIFIED


3.6. PRE-DEPLOYMENT TESTING


3.6.1.1. Conduct Engineering Testing. These tests aim to demonstrate that the capability Product Baseline meets the AMN 2012 System Requirement Specifications (SRS) and the SOW requirements. These tests will be performed through the Factory Acceptance Test and the System Integration Test.

3.6.1.2. Conduct a merging phase.

3.6.1.3. Conduct FOC+ Compatibility tests. These tests are performed by the Contractor and CISAF 11 Contractor to validate that the introduction of new systems, or changes to existing systems, don’t impact the FOC+ services.

3.6.1.4. Conduct Fit-for-Purpose Testing. These tests are performed by the users to validate that the system as deployed to the operational command is suitable to be used for operations.

3.6.1.5. Conduct Fit-for-Use Testing. These tests are performed by NCSA to validate that the system can be deployed, and act as a final quality control checkpoint before system release.

3.6.1.6. Conduct Coalition Interoperability Assurance and Validation Tests (CIAV Tests). These tests are performed by NCSA for AMN secretariat to validate that the introduction of new systems, or changes to existing systems, don’t impact the already deployed capabilities.

3.6.1.7. The following table summarizes the tests to be performed for each AMN 2012 capability:

Tests/Capabilities Enterprise Portal


C2 interoperability

Software License

Management

Engineering Testing : Factory Acceptance Test

YES: tests to be performed in accordance with section 3.6.3.





Merging phase

NO NO

YES: tests to be performed in accordance with section 3.6.4

NO NO

Engineering Testing : System Integration Test

NO YES: tests to be performed in accordance with section 3.6.5



NO


NATO UNCLASSIFIED


FOC+ Compatibility tests




Fit-for-Purpose Testing NO




Fit-for-Use Testing (CCP Testing)





CIAV Tests





3.6.2. For each test, the Contractor shall apply Test requirements defined in SECTION 6:

3.6.3. Factory Acceptance Test (FAT).

3.6.3.1. The purpose of the Factory Acceptance Test is to demonstrate that the off-the-shelf and uniquely developed elements of the AMN 2012 Product Baseline have been integrated to meet the system-internal requirements of the SRS and the SOW. The testing environment for FAT shall reflect the target implementation environment to the extent possible, including configuration and security settings.

3.6.3.2. The Contractor shall also demonstrate compliance of the AMN 2012 Product Baseline with security requirements of the SRS, the draft Security Operating Procedures and the Security Implementation Verification Procedures, including compliance with operating system and security configuration settings.

3.6.3.3. The Factory Acceptance Tests shall be conducted at the Contractor’s premises.

3.6.3.4. The Contractor shall conduct test in accordance with the Factory Acceptance Test procedure.

3.6.3.5. The Purchaser reserves the right to perform up to five days of ad hoc testing by Purchaser personnel as part of the FAT. The Contractor shall support the ad hoc testing and shall provide space and up to five the AMN 2012 Product Baseline -enabled workstations for Purchaser personnel. The Contractor shall support the Purchaser in installing test equipment, software or data, and support the Purchaser in performing ad hoc testing, as required. The Contractor shall record and assess for Contract relevance any discrepancies identified during ad hoc testing.

3.6.3.6. The Contractor shall correct and fix discrepancies identified during ad hoc testing.


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3.6.3.7. The Contractor shall provide the Purchaser test crew with system familiarisation training at least one week in advance of the FAT.

3.6.3.8. The Contractor shall provide a Factory Acceptance Test report (see section 6.6).

3.6.3.9. For Track Augmentation, The FAT will be performed in the NIRIS laboratory as a regression test using the NIRIS unit-test suite which also uses the mock-up interfaces representing FAS as developed in the NIRIS laboratory.

3.6.4. Merging phase

3.6.4.1. The purpose of the merging phase is to reintegrate the AMN 2012 Product Baseline developed by the Contractor (e.g. Track Augmentation) into the associated NATO application (e.g. NIRIS).

3.6.4.2. The merging phase shall be conducted at NC3A The Hague.

3.6.4.3. During the merging phase, the Contractor shall:

3.6.4.3.1. Support the installation, integration and configuration of the AMN 2012 Product Baseline into the NATO system.

3.6.4.3.2. Conduct non-regression tests based on the Factory Acceptance Tests.

3.6.4.3.3. Support the Purchaser to identify any deficiencies.

3.6.4.3.4. If the deficiencies are related to the AMN 2012 Product Baseline developed by the Contractor, the Contractor shall correct the deficiencies.

3.6.4.3.5. For Track Augmentation, merging is assured by the Continuous Integration process that accompanies the development process.

3.6.5. System Integration Test (SIT)

3.6.5.1. The purpose of System Integration Test is to demonstrate that the AMN 2012 Product Baseline comply with the SRS and the SOW concerning the integration with the AMN Hardware Baseline, AMN Core Services, other AMN Functional Services, and interfacing systems.

3.6.5.2. The System Integration Tests shall be conducted on the NC3A Reference System at The Hague.

3.6.5.3. The Contractor shall perform System Integration Test by installing the AMN 2012 Product Baseline and conducting test in accordance with the System Integration


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Test procedure, with emphasis on any CIs that have been modified since Factory Acceptance Testing (non-regression tests).

3.6.5.4. The Purchaser reserves the right to observe the tests and to have the Contractor perform selected testing tasks on the Reference System to confirm compliance.

3.6.5.5. The Purchaser reserves the right to perform three days of ad hoc testing by Purchaser personnel with support from Contractor personnel. The Contractor shall support the Purchaser in installing test equipment, software or data, and support the Purchaser in performing ad hoc testing, as required. The Contractor shall record and assess for Contract relevance any discrepancies identified during ad hoc testing.

3.6.5.6. The Contractor shall correct and fix discrepancies identified during ad hoc testing.

3.6.5.7. The Contractor shall provide a System Integration Test (SIT) report (see section 6.6).

3.6.5.8. For the AMN 2012 Product Baselines which went through the “Merging Phase” as described section 3.6.4:

3.6.5.8.1. The Contractor shall provide a System Integration Test Procedure to test the AMN 2012 Product Baseline only;

3.6.5.8.2. The Contractor shall support the Purchaser to install and configure the NATO system including the AMN 2012 Product Baseline on the System Integration Test;

3.6.5.8.3. The Contractor shall perform the System Integration Test Procedure with the Purchaser;

3.6.5.8.4. The Contractor shall support the Purchaser to identify any deficiencies. If the deficiencies are related to the AMN 2012 Product Baseline developed by the Contractor, the Contractor shall correct the deficiencies.

3.6.5.8.5. The Contractor shall provide a System Integration Test (SIT) report (see section 6.6).

3.6.5.9. For Track Augmentation:

3.6.5.9.1. The SIT will be performed in the NIRIS laboratory, using the reference systems available in the laboratory that contains FAS which the capability must interface with.


NATO UNCLASSIFIED


3.6.5.9.2. The SIT must also ensure deployment within ISAF. This test procedure must therefore include a ‘clean’ install according to the installation manual.

3.6.5.9.3. The SIT product baseline will be delivered to NPC & NCSA for fit-for-purpose & fit-for-use testing. Upon acceptance the delivered baseline will become the AMN 2012 product baseline. For this reason, the delivery to NPC must include the documentation.

3.6.5.9.4. Delivery to NPC needs to be coordinated with SHAPE and NPC. The improved Track Augmentation capability is delivered as a part of the NIRIS software suite.

3.6.5.10. For Text Chat:

3.6.5.10.1. The SIT will be performed in the PMIC Integration Testbed for the Bi-SC AIS at NC3A, The Hague, using the reference systems available in the laboratory that contains FAS which the capability must interface with.

3.6.5.10.2. The SIT must also ensure deployment within ISAF. This test procedure must therefore include a ‘clean’ and ‘upgrade’ installation according to the installation manual.

3.6.5.10.3. The SIT must also ensure end-to-end user system testing. This test procedure must therefore include deployment of clients and the Ground Entry Point (GEP) using the reference systems available in the NC3A laboratory to simulate airborne users.

3.6.5.11. For C2 Interoperability:

3.6.5.11.1. The SIT will be performed in the PMIC Integration Testbed for the Bi-SC AIS at NC3A, The Hague, using the reference systems available in the laboratory that contains FAS which the capability must interface with.

3.6.5.11.2. The SIT must also ensure deployment within ISAF. This test procedure must therefore include a ‘clean’ and ‘upgrade’ installation according to the installation manual.

3.6.5.11.3. The SIT must also ensure end-to-end information flow, i.e. from a producer through the C2 Interoperability Capability to a consumer. The SIT shall use the reference systems available in the laboratory as example producers and consumers. The information flows tested in the SIT shall cover each newly developed component at least once.

3.6.6. FOC+ Compatibility tests


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3.6.6.1. Four of the deployment locations in theatre operate on the FOC+ Network. The FOC+ contractor also name CISAF 11 Contractor maintains a reference network against which compatibility testing will be required.

3.6.6.2. The FOC+ Compatibility Tests shall be conducted at the site of the FOC+ Reference Network; currently this facility is located in THALES, Lambersart, France.

3.6.6.3. The FOC+ Compatibility Tests aim to:

3.6.6.3.1. Check the installation procedure and the operation of the AMN 2012 Product Baseline on FOC+ Reference Network,

3.6.6.3.2. Check interfaces between the AMN 2012 Product Baseline and FOC+ Reference Network, conduct load and volume testing to gain a measure of bandwidth consumption

3.6.6.3.3. Check if the current security protocol defined for CISAF 11 Contractor equipment works correctly with the AMN 2012 Product Baseline.

3.6.6.3.4. Check that ILS procedures defined by the Contractor to conduct the AMN 2012 Product Baseline 1st, 2nd or 3rd level maintenances are correctly defined.

3.6.6.4. The Purchaser reserves the right to observe the tests and to have the Contractor perform selected testing tasks on the Reference System to confirm compliance.

3.6.6.5. The contractor shall provide support to the Compatibility Testing for up to ten (10) working days.

3.6.6.6. The Contractor shall:

3.6.6.6.1. Support the installation and configuration of the AMN 2012 Product Baseline on the FOC+ Reference Network as it will be deployed to the FOC+ sites in the Operational Theatre.

3.6.6.6.2. Conduct tests in accordance with the FOC+ Compatibility Test Procedure with the CISAF 11 Contractor support.

3.6.6.6.3. Record and assess for Contract relevance any discrepancies identified during the testing.

3.6.6.6.4. Fix and correct discrepancies if they are related to the AMN 2012 capability.


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3.6.6.7. The Contractor shall provide a qualified engineer to support these requirements, with full technical knowledge of installing, configuring and testing the capabilities.

3.6.6.8. The Contractor shall provide a FOC+ Compatibility Test report (see section 6.6).

3.6.7. Fit-for-Purpose Testing

3.6.7.1. The purpose of Fit-for-Purpose Testing is to demonstrate that the AMN 2012 Product Baseline is suitable to be used for operations.

3.6.7.2. The Contractor will provide the Fit-for-Purpose Test Procedure but the tests will be conducted by the Operational Authority (see section 6.2.2).

3.6.7.3. The Fit-for-Purpose Testing will be conducted at the following locations: AMN 2012 Product Baseline Fit-for-Purpose Testing Location

Text Chat ISAF (IJC) C2 interoperability ISAF (IJC) Software License Management ISAF (IJC)


3.6.7.4.1. Support the installation and configuration of the AMN 2012 Product Baseline at the Fit-for-Purpose Testing location.

3.6.7.4.2. Train the users in charge to test the AMN 2012 Product Baseline.

3.6.7.4.3. Support the Fit-for-Purpose Testing process.



3.6.7.4.6. Provide a Fit-for-Purpose Testing report (see section 6.6).

3.6.8. Fit-for-Use Testing

3.6.8.1. The purpose of Fit-for-Use Testing is to validate that the system can be deployed, and act as a final quality control checkpoint before system release. Various tests will be conducted such as Performance Testing, Stress Testing, Penetration Testing, Vulnerability Assessment…

3.6.8.2. These tests will be performed by the NCSA, the Service Provision Authority (see section 6.2.4).


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3.6.8.3.1. Support the Configuration Change Proposal Submission. The CCP submission will be done through the NATO Secret WAN on-line CCP submission tool. The tool can be accessed from the Purchaser’s premises at NC3A facilities in The Hague, The Netherlands. Operation of the submission tool will be the responsibility of the Purchaser, and the Contractor shall support this activity. This activity shall not require more than two working days to complete. NCSA CCP package is required for any new versions or upgrades of software or applications which may currently exist on the NATO/ISAF AFPL, or new software or applications which will be included in the Contractors design which are not on the NATO/ISAF AFPL. The Contractor shall achieve successful NATO/ISAF AFPL inclusion for any new software/applications, or versions upgrades being delivered.

3.6.8.3.2. Support the installation and configuration of the AMN 2012 Product Baseline at NCSA, SHAPE, Mons, Belgium.

3.6.8.3.3. Support the Fit-for-Use Testing process. The Contractor shall provide a qualified engineer to support these requirements, with full technical knowledge of installing, configuring and testing the capabilities.



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3.6.8.4. The contractor shall provide support to the Fit-for-Use Testing for up to ten (10) working days.

3.6.8.5. The Contractor shall be responsible for, and shall ensure that all software and applications being delivered; which are components or individual subsets, and associated documentation such as release notes, of the capabilities being delivered in this SOW, and of the capability enhancements for AMN 2012 are submitted to the Configuration Change Proposals (CCP) process of the NCSA CIS Configuration Control Board (CCB) for addition onto the NCSA Approved Fielded Products List (AFPL) which includes the NS, and IS AFPL.

3.6.8.6. The Contractor shall ensure that the CCP process is successful and that each software item submitted to the CCP process is added to the NCSA Approved Fielded products List (AFPL) NS or IS, or both if applicable.

3.6.8.7. The Contractor shall provide additional system relevant documentation required by the NCSA CIS Configuration Advisory Board upon request to support the CCP testing, as required.

3.6.9. Coalition Interoperability Assurance and Validation Tests (CIAV Tests)

3.6.9.1. The purpose of the Coalition Interoperability Assurance and Validation Tests is to validate that the introduction of new systems, or changes to existing systems, don’t impact the already deployed capabilities.

3.6.9.2. These tests will be performed by NC3A and NCSA under the direction of AMN secretariat. The tests will be performed at NC3A The Hague or SHAPE, Mons.


3.6.9.3.1. Support the installation and configuration of the AMN 2012 Product Baseline on the CIAV test environment at NC3A, The Hague, Netherlands.

3.6.9.3.2. Support the CIAV Testing process which includes demonstration of successful interoperability of the system being integrated by the Contractor.



3.6.9.3.5. Provide necessary input to the CIAV Testing report (see section 6.6).


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3.7. DEPLOYMENT


3.7.1.1. Conduct a Pre Deployment meeting (as defined section3.7.4).

3.7.1.2. Conduct site survey. This activity is defined section 3.7.5.

3.7.1.3. For each deployment location:

3.7.1.3.1. Deploy, install and configure the AMN 2012 Product Baseline (Site activation) as defined section 3.7.6 ;

3.7.1.3.2. Conduct on-site training as defined section 5.7.7.

3.7.1.3.3. Conduct on Site Acceptance Tests as defined section 3.7.7

3.7.2. The following table summarizes the deployment activities to be performed for each AMN 2012 capability:


Enterprise Portal


C2 interoperability

Software License

Management

Pre Deployment meeting

YES: in accordance with section 3.7.4


NO YES: in accordance with section 3.7.3.


Site survey Option

Yes: in accordance with section 3.7.5

Option

Option Option

Site Activation YES: in accordance with section 3.7.6


NO YES: in accordance with section 3.7.6


On-site training YES: in accordance with section 5.7.7





Site Acceptance Tests



NO YES: in accordance with section 3.7.7



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3.7.3. For Track augmentation, the deployment will be done by NATO.

3.7.4. Pre Deployment Meeting

3.7.4.1. The Pre Deployment Meeting shall be held in accordance with review requirements defined section 4.15.9.

3.7.4.2. The Pre Deployment Meeting shall be held at NC3A The Hague or Brussels.

3.7.4.3. The Pre Deployment meeting aims to ensure that:

3.7.4.3.1. The AMN 2012 Product Baseline has succeeded to all tests listed in section 3.6.

3.7.4.3.2. The AMN 2012 Product Baseline and associated documents have been updated in accordance with the Test results.

3.7.4.3.3. There are no issue, pending actions to deploy the AMN 2012 Product Baseline.

3.7.4.3.4. The deployment schedule and activities to be conducted are agreed by all stakeholders.

3.7.4.3.5. The infrastructure is in place to host the AMN 2012 Product baseline.

3.7.4.4. For this activity the Contractor shall update and deliver in accordance with the Test results:

3.7.4.4.1. The AMN 2012 Product Baseline;

3.7.4.4.2. In case of change, any documents provided during the Functional Analysis stage (documents listed in section 3.2);

3.7.4.4.3. In case of change, any documents provided during the Design stage (documents listed in section 3.2);

3.7.4.4.4. In case of change, any documents provided during the System development and integration stage (documents listed in section 0).

3.7.4.5. To prepare the deployment, the Contractor shall also:

3.7.4.5.1. Identify all facilities support issues to deploy the equipment.

3.7.4.5.2. A list of documents to be provided at each site.


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3.7.4.5.3. A list of hardware and software to be shipped and a list of Contractor personnel who will be involved in site installation and activation.

3.7.4.5.4. Ensure that anything that may delay installation is brought to the attention of the Purchaser.

3.7.4.5.5. Provide a System Inventory as defined section 5.4.1.

3.7.4.5.6. Detail the training activities to be performed.


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3.7.5. Option: Additional Site Survey

3.7.5.1. This task is an option that can be exercised by the Purchaser between the Effective Date of Contract (EDC) and the Final System Acceptance.

3.7.5.2. The site survey can be conducted either at NATO Static Structure, NC3A The Hague, Lambersart or in ISAF.

3.7.5.3. The site survey shall identify if there are any design or implementation issues which have not been documented or described.

3.7.5.4. The survey shall be conducted with NC3A representatives, and the duration is two (2) calendar days for each site in Europe. This duration does not take into account the travel time.

3.7.5.5. The survey shall be conducted with NC3A representatives, and the duration is on an average of five (5) calendar days for each site in ISAF including intra theatre travel. This duration does not take into account the travel time in and out of ISAF

3.7.5.6. The site surveys shall be used to resolve the following issues:

3.7.5.6.1. Coordination of the installation with the site, identifying all responsibilities, tasks, their sequence and required resources (e.g., space, personnel, data).

3.7.5.6.2. Identification and documentation of any minor elements not addressed in other project documentation.

3.7.5.6.3. Coordination of a proposed work schedule.

3.7.5.6.4. Identification of all required Purchaser and Contractor actions to prepare for, conduct, or support the AMN 2012 capabilities installation and activation, and identifying the type of training courses required and the number of Purchaser staff to be trained for each course.

3.7.5.6.5. Identification of hardware, operating systems and external systems deployed at the site survey location.

3.7.5.6.6. Inventory of equipment to be installed.

3.7.5.6.7. Survey of the physical plant (server rooms, site layout, etc.) and identification of additional power or civil works are required.

3.7.5.6.8. Item to be provided by the stakeholders to deploy and support the equipment;


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3.7.5.6.9. List of tools, test equipment and software to be provided by the Contractor required to deploy, test and support the System;

3.7.5.7. The Contractor shall provide a Site Survey Report detailing its findings from the site survey, identifying all required Purchaser and Contractor actions to prepare for, conduct, or support the AMN 2012 capabilities installation and activation.

3.7.5.8. Site surveys reports shall be provided one week after the site survey.

3.7.5.9. For Text Chat:

3.7.5.9.1. At least one Site Survey shall be conducted to an ISAF deployment site prior to the design phase.

3.7.5.9.2. The Site Survey Report shall also contain the findings from the AMN Text Chat Architecture analysis.

3.7.6. Site Activation

3.7.6.1. The Contractor shall transport, pack, and unpack the equipment, provide a packing list in accordance with section 5.5.

3.7.6.2. The Contractor shall create and maintain a Transportation Report in accordance with section 5.5.

3.7.6.3. The Contractor shall ensure all equipment is asset marked in accordance with the requirements of the site.

3.7.6.4. Although the Purchaser will provide the facilities in which the AMN 2012 capabilities will be installed and the external systems to which they will be interfaced, the Contractor shall be responsible for timely and complete delivery and installation of all relevant supplies provided under this Contract.

3.7.6.5. In accordance with the System Implementation Plan and the installation procedures, the Contractor shall deliver, install and configure the AMN 2012 Product Baseline at the following locations:

Tests/Capabilities Enterprise Portal CBT Text Chat C2 interoperability Software License Management

Site Locations

HQ ISAF The Contractor shall deploy remotely from HQ ISAF or IJC the following sites: RC(N), RC(W), RC(SW),

IJC, RC-S, RC-N The Contractor shall activate remotely at IJC the following sites: RC(W), RC(SW), RC(C) and RC(E).

IJC, RC-S.

IJC for any central management capability. The Contractor shall deploy remotely from IJC to all


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RC(C), RC(S) and RC(E). Option EP-ADL: deployment at ACT site (one in Europe, one in ISAF)

necessary workstations and servers that will be inventoried.

Server room 2 server rooms 2 server rooms at IJC and RC-S

2 server rooms at IJC and RC-S

server rooms, if/as required

Networks ISAF secret networks ISAF and NATO secret networks

ISAF secret networks

ISAF secret networks

Quantity of Product Baseline to be delivered

1 for each site, each server room and each network.



Servers and client software, as required.

3.7.6.6. The Contractor shall install the AMN 2012 Product baselines, along with any supporting software and documentation associated with the baselines, on the designated Purchaser systems.

3.7.6.7. The Contractor shall configure all software settings to match the Product Baseline and site-specific requirements, and load any initial data included with the baseline.

3.7.6.8. Upon authorisation by the Purchaser Site POC, the Contractor shall establish live connections with other interfaces and services as specified in the SRS and as authorised for that site.

3.7.6.9. The Contractor shall import and/or load any site-specific data.

3.7.6.10. During installation and migration, interruption of service shall be kept to an absolute minimum, and any loss of data is unacceptable The Contractor shall prepare a detailed rollout plan. The Contractor is responsible for coordination with the AMNOC through CJ6 and shall make sure those outages requests are approved well in advance. The rollout plan will form part of the System Implementation Plan.

3.7.6.11. The Contractor shall deliver the required documentation at each site. The documentation shall have been agreed by the Purchaser during the Pre Deployment meeting (3.7.3). At least one hard copy and one soft copy shall be provided.

3.7.6.12. During the deployment, installation and configuration, the Contractor shall support the coordination of the activities to be conducted by the various stakeholders. To that end, the Contractor shall brief the stakeholders on a daily basis on activities completed, to be done, issues, schedule, risks and actions.


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3.7.6.13. The Contractor shall conduct a meeting at each site to explain how the support and maintenance will be provided after the site activation. During this meeting, the Contractor shall present the ILSP and CMP.


3.7.6.14.1. Enterprise portal:

3.7.6.14.1.1 Remove the PFI CBT.

3.7.6.14.1.2 Implement the new CBT capability.

3.7.6.14.1.3 Test the implemented system.

3.7.6.14.2. Text Chat:

3.7.6.14.2.1 The Contractor shall implement and replace JCHAT (server component) as coordinated solution;

3.7.6.14.2.2 The Contractor is responsible for migration of existing data, including all user related data;

3.7.6.14.2.3 The Contractor shall implement Text Chat Conversation Archiving and Search In Archives capability;

3.7.6.14.2.4 The Contractor shall connect the Text Chat to the Service Management and Control system in order to monitor the XMPP service status, the network traffic as well as the server and database status;

3.7.6.14.2.5 At RC-N, the Contractor shall provide XMPP airborne chat capability and align the work with Ground Entry Point Remote Access requirement (as defined in the Annex 3 – Text Chat SRS) in order to revise and optimize the chat service for the airborne C2 collaborative chat anchor point;

3.7.6.14.2.6 The Contractor shall adapt the Text Chat Capability to local organisational needs. Adaptation is not intended to include changes to the Product Baseline, but shall include, as necessary, establishment of local system interfaces; creation of initial user accounts and privileges in coordination with CJ6 SSG and FOC+ Field Office; adaptation of workflows; localisation of report templates (e.g., command logos); and changes to mapping values to support data migration.


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3.7.6.14.2.7 Upon authorisation by the Purchaser Site POC, the Contractor shall establish live connections with other activated Text Chat sites.


3.7.6.14.3.1 The Contractor shall migrate local data, establish local system import and export mechanisms, adapt business rules, reports, workflows, and assign users to defined roles;

3.7.6.14.3.2 The contractor shall establish and check the connectivity with all producing and consuming system as identified in C2 Interoperability Capability SRS, including INT-CORE 2011 functionalities, distributed INT-CORE and federated search.

3.7.6.14.3.3 OPTION: The contract shall optionally install the capability on one additional site.

3.7.6.14.4. Software License Management:

3.7.6.14.4.1 Implement the new Software License Management capability.

3.7.6.14.4.2 Test the implemented system.

3.7.7. Site Acceptance (User Acceptance Test)

3.7.7.1. At each location and after the installation and configuration of the Product Baseline, the Contractor shall conduct a Site Acceptance with the Purchaser.

3.7.7.2. The Site Acceptance should last no longer than three calendar days.

3.7.7.3. The purpose of the Site Acceptance is to demonstrate that:

3.7.7.3.1. The Product Baseline has been successfully integrated and configured within the existing site infrastructure, meets the SRS and the SOW requirements and is ready for operational use;

3.7.7.3.2. A System Statement of Conformance has been delivered by the local Security Accreditation Authority (SAA);

3.7.7.3.3. The on-site documentation has been successfully delivered;

3.7.7.3.4. The on-site training has been successfully conducted;


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3.7.7.3.5. The onsite SPA staffs are ready to provide Service Desk and Level 1 support (see SECTION 5: ).

3.7.7.4. The Contractor shall conduct tests in accordance with the Site Acceptance Test Procedure.

3.7.7.5. The Site Acceptance Test Procedure shall include the following tests/audit:

3.7.7.5.1. Functional non regression tests;

3.7.7.5.2. Information exchange tests within the site;

3.7.7.5.3. Information exchange tests within the other sites;

3.7.7.5.4. Physical Configuration Audit (only for the first and last site acceptance);

3.7.7.5.5. Security tests based on the Security Implementation Verification Procedures (SIVP) and Security Operating Procedures;

3.7.7.5.6. Network and communications audit;

3.7.7.5.7. Operating and Maintenance documentation audit;

3.7.7.5.8. Successful migration of data audit;

3.7.7.5.9. Audit to check whether all user data and accounts have been successfully migrated to the new environment;

3.7.7.5.10. Audit to check whether the on-site documentation has been successfully delivered;

3.7.7.5.11. Audit to check whether the on-site training has been successfully conducted;

3.7.7.5.12. Audit to check if the onsite SPA staffs are able to provide 1st Level Support and 1st Level Maintenance.

3.7.7.6. Any discrepancies discovered during the Site Acceptance shall be recorded with a statement on their required resolution. Depending on the severity of the discrepancy discovered, Site Acceptance may be withheld until satisfactory resolution.

3.7.7.7. After successful resolution of any discrepancies and completion of the Site Acceptance Test, the Purchaser, together with the Contractor, will sign the Site Acceptance documentation.


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3.7.7.8. The Contractor shall provide a Site Acceptance Test report (see section 6.6).

3.8. PARTIAL SYSTEM ACCEPTANCE

3.8.1.1. The Partial System Acceptance (PSA) occurs when the Purchaser has determined that an AMN 2012 Capability meets the requirements of this Contract.

3.8.1.2. To request PSA, the Contractor shall have completed the following actions:

3.8.1.2.1. Successful completion of all Site Activation and Acceptance at authorised sites.

3.8.1.2.2. Completion of the on-site training of NATO personnel involved in operations and maintenance of the AMN 2012 capability.

3.8.1.2.3. Delivery of the Site Acceptance documentation signed at each location.

3.8.1.2.4. Delivery of a copy of the System Statement of Conformance signed by the local SAA at each location.

3.8.1.2.5. Delivery of Product Baseline (including FBL and ABL);

3.8.1.2.6. Delivery of all updated documentation based on Site Installation and Acceptance. This update includes:

3.8.1.2.6.1 In case of change, any documents provided during the Functional Analysis stage (documents listed in section 3.2);

3.8.1.2.6.2 In case of change, any documents provided during the Design stage (documents listed in section 3.2);

3.8.1.2.6.3 In case of change, any documents provided during the System development and integration stage (documents listed in section 0).

3.8.1.2.7. Delivery of all required support tools.

3.8.1.2.8. Delivery of the System Inventory and As-build Drawings as defined section 5.4.1

3.8.1.3. For Track Augmentation, to request PSA, the Contractor shall have completed the following actions:

3.8.1.3.1. Successful completion of Factory Acceptance Tests and System Integration Tests


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3.8.1.3.2. Delivery of the final system at NC3A The Hague (NIRIS laboratory).

3.8.1.3.3. Completion of the on-site training of NATO personnel involved in operations and maintenance of the AMN 2012 capability.

3.8.1.3.4. Delivery of all updated documentation based on tests. This update includes:

3.8.1.3.4.1 In case of change, any documents provided during the Functional Analysis stage (documents listed in section 3.2);

3.8.1.3.4.2 In case of change, any documents provided during the Design stage (documents listed in section 3.2);

3.8.1.3.4.3 In case of change, any documents provided during the System development and integration stage (documents listed in section 0).

3.8.1.4. The Contractor shall send a Partial System Acceptance Report to request the PSA.

3.9. SUPPORT

3.9.1. The Contractor shall apply support requirements defined in SECTION 5:

3.10. FINAL SYSTEM ACCEPTANCE (FSA)

3.10.1. The System Acceptance (FSA) occurs when the Purchaser has determined that all AMN 2012 Capabilities meet the requirements of this Contract.

3.10.2. To request FSA, the Contractor shall have completed the following actions:

3.10.2.1. Achieving successfully Enterprise Portal Partial System Acceptance.

3.10.2.2. Achieving successfully Text Chat Partial System Acceptance.

3.10.2.3. Achieving successfully Track Augmentation Partial System Acceptance.

3.10.2.4. Achieving successfully C2 interoperability Partial System Acceptance.

3.10.2.5. Achieving successfully Software License Management Partial System Acceptance.

3.10.3. The Contractor shall send a Final System Acceptance Report to request the FSA.


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SECTION 4: MANAGEMENT

4.1. INTRODUCTION

4.1.1. This section outlines the Management Task Area for the CO-13345-AMN2012 Contract.

4.1.2. The goal of the Contractor’s project management shall be to guide the project through a controlled, well-managed, visible set of activities to achieve the desired results and, wherever possible, to eliminate problems and to ensure that those problems that do occur are identified early, assessed accurately, and resolved quickly in partnership with the Purchaser.

4.2. PURCHASER RESPONSIBILITIES

4.2.1. The Purchaser’s Project Manager (PM) will act as the Purchaser’s representative and will be the primary interface between the Contractor and Purchaser after the Effective Date of Contract (EDC) for the day-to-day life of the Contract. It will nevertheless be limited to matters not associated with change of scope, price, and schedule of the contract which shall be managed through the Contracting officers.

4.2.2. The Purchaser’s Project Manager will be supported by specialists in certain areas who may, from time to time, be delegated to act on the Project Manager’s behalf in their area of expertise:

4.2.3. Independent Verification and Validation (IV&V)

4.2.3.1. The Purchaser will engage IV&V Contractor support for the AMN Programme. The main objective of the IV&V activity will be the evaluation of the performance of the CO-13345-AMN2012 Contractor and the verification and validation of the work being performed under the related effort, in particular evaluation of Contractor deliverables. The IV&V Contractor(s) shall also monitor, assess, and report on the CO-13345-AMN2012 Contract in order to identify, as early as possible, perceived problem areas.

4.2.3.2. The IV&V Contractor will execute a non-disclosure agreement with the Purchaser addressing all activities associated with this contract.

4.2.3.3. The IV&V Contractors may be requested by the Purchaser to monitor Contractor activities at Contractors’ facilities or other sites related to the development, testing and implementation of the CO-13345-AMN2012 capabilities. The Contractor shall fully support such activities and in particular:


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4.2.3.3.1. Host inspection visits by IV&V Contractors,

4.2.3.3.2. Make himself available for answering questions and furnishing information related to the project,

4.2.3.3.3. Allow the IV&V Contractor to inspect and monitor testing activities, and deliverables,

4.2.3.3.4. Allow the IV&V Contractor to inspect and monitor the Contractor’s processes applicable to this project.

4.2.3.3.5. The Contractor shall transfer to the IV&V Contractor all information deemed necessary to perform the IV&V activities, on his own initiative or on request by the IV&V Contractor or the Purchaser.

4.2.3.3.6. A non-exhaustive list of information that the Contractor shall transfer to the IV&V Contractor includes minutes of CCB meetings, planning documents, source code, requirements documents, and database, design, test and other technical documentation.

4.2.3.3.7. The Purchaser may engage the IV&V Contractor to review any Contract deliverables on behalf of the Purchaser.

4.2.3.4. Purchaser Quality Assurance Representative

4.2.3.4.1. As provided under STANAG 4107, the Purchaser has the right to delegate some of the QAR responsibilities to a National Quality Assurance Representative (NQAR).


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4.3. GENERAL REQUIREMENTS

4.3.1. Project Management Methodology

4.3.1.1. The Contractor shall apply the PRINCE2 project management methodology or an equivalent certified methodology to the planning, delivery and control of services under this Contract.

4.3.2. Personnel Security

4.3.2.1. The Contractor shall ensure that all Contractor and Subcontractor personnel that shall work on a NATO site or have access to NATO SECRET information and facilities shall have a valid NATO SECRET clearance as required by NATO policy.

4.3.2.2. The Contractor shall process all Contractor and Subcontractor personnel through NATO security at each site, adhering to their procedures for clearances, to obtain security badges for the duration of the on-site activities.

4.4. CONTRACTOR PROJECT MANAGEMENT OFFICE

4.4.1. The Contractor shall establish and maintain a Project Management Office (PMO) to perform and manage all efforts necessary to discharge all his responsibilities under this Contract.

4.4.2. The Contractor shall also provide all necessary manpower and resources to conduct and support the management and administration of operations in order to meet the objectives of the project, including taking all reasonable steps to ensure continuity of personnel assigned to work on this project. The personnel identified below shall be considered as Key Personnel in accordance with the Special Provisions of this Contract.

4.4.3. All personnel shall meet a minimum English language proficiency equivalent to SLP 4444 in accordance with NATO STANAG 6001.

4.4.4. Contract Project Manager. The Contractor shall designate a Project Manager (PM), who will direct and co-ordinate the activities of the Contractor's project team.

4.4.4.1. The Project Manager shall be the Contractor's primary contact for the Purchaser's Project Manager and shall conduct all major project design, test, and status reviews.


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4.4.4.2. The Project Manager shall be prepared at all times to present and discuss the status of Contract activities with the Purchaser’s Project Manager, Contracting Officer, or Technical Director.

4.4.4.3. The Project Manager shall assist the Purchaser’s Project Manager in assessing of cost, schedule, and performance trade-offs within the scope of this Contract.

4.4.4.4. The Project Manager is responsible for project management, performance and completion of tasks and delivery orders. He shall establish and monitor project plans and schedules and has full authority to allocate resources to insure that the established and agreed upon plans and schedules are met. The Project Manager shall manage costs, technical work, project risks, quality, and corporate performance. He shall manage the development of designs and prototypes, test and acceptance criteria, and implementation plans. He shall establish and maintain contact with Purchaser, Subcontractors, and project team members. The Project Manager shall ensure that all activities are conformed with the terms and conditions of the Contract and Work Package procedures.

4.4.4.5. The Project Manager shall meet the following qualifications.

4.4.4.5.1. Education: Masters degree in management, engineering, or business administration. Formal certification through Project Management Institute or equivalent source.

4.4.4.5.2. Experience: At least seven years in software systems design and project management. At least two years as the project manager for an effort of similar scope, preferably including the application of a formal project management methodology such as PRINCE2.

4.4.5. Technical Lead. The Contractor shall designate a Technical Lead for the project.

4.4.5.1. The Technical Lead shall lead the analysis, design, development, integration, and follow-on enhancement efforts of the Contractor.

4.4.5.2. The Technical Lead shall have strong experience/familiarity with the technologies being considered in this project. He should also be able to develop and co-ordinate technical/engineering designs, manage the implementation and be good at addressing and identifying technical issues as they arise and formulating options to address these issues.

4.4.5.3. The Technical Lead shall meet the following qualifications:

4.4.5.3.1. Education: Masters degree in engineering.


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4.4.5.3.2. Experience: At least seven years in engineering positions associated with the review, design, development, evaluation, planning and operation of software components, subsystems, or systems for government or commercial use.

4.4.6. Test Director. The Contractor shall designate a Test Director for all test activities conducted under this Contract.

4.4.6.1. The Test Director shall direct test planning and preparation, design and tools selection. He shall establish guidelines for test procedures and reports; co-ordinate with Purchaser on test support requirements and manages Contractor test resources.

4.4.6.2. The Test Director shall meet the following qualifications:

4.4.6.2.1. Education: Bachelor’s degree in engineering.

4.4.6.2.2. Experience: At least seven years in the design and execution of software systems tests.

4.4.7. Quality Assurance Manager. The Contractor shall designate a qualified individual to serve as the Quality Assurance Manager for activities under this Contract.

4.4.7.1. The Quality Assurance Manager shall report to a separate manager within the Contractor's organisation at a level equivalent to or higher than the Project Manager.

4.4.7.2. The Quality Assurance Manager shall establish and maintain process for evaluating software and associated documentation. He shall determine the resources required for quality control; maintain the level of quality throughout the system life cycle; develop project quality assurance plans. He shall conduct formal and informal reviews at predetermined points throughout the system life cycle.

4.4.7.3. The Quality Assurance Manager shall have knowledge of key ILS subject matter areas, especially in Configuration Management, Support, and Maintenance.

4.4.7.4. The Quality Assurance Manager shall meet the following qualifications:

4.4.7.4.1. Education: Bachelor’s degree.

4.4.7.4.2. Experience: At least seven years working with quality control methods and tools. At least four years supporting system development and test projects.


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4.4.8. Configuration Manager. The Contractor shall designate a qualified individual to serve as the Configuration Manager for activities under this Contract.

4.4.8.1. The Configuration Manager shall establish and maintain a process for tracking the life cycle development of system design, integration, test, training, and support efforts. The Configuration Manager shall maintain continuity of products while ensuring conformity to Purchaser requirements and commercial standards. The Configuration Manager shall establish configuration control forms and database.

4.4.8.2. The Configuration Manager shall meet the following qualifications:

4.4.8.2.1. Education: Bachelor’s degree.

4.4.8.2.2. Experience: At least five years experience in specifying configuration management requirements, standards, and evaluation criteria in acquisition documents, and in performing configuration identification, control, status accounting, and audits. At least three years in computer and communication systems development, including physical and functional audits and software evaluation, testing and integration.


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4.4.9. Support Manager. The Support Manager shall prepare, organise, direct and manage operational support activities. The Support Manager shall be responsible to manage the development of the support documentation. The Support Manager shall organize the operational support which includes as a minimum, elements such as support equipment, technical orders, supply support and computer resources support, process of evolving and establishing maintenance/support concepts. The Support Manager shall analyse system performance data and prepare reports and assessments. The Support Manager shall meet with Purchaser personnel to co-ordinate support issues and co-ordinates with system implementation personnel on activation and cut-over.

4.4.9.1. Education: Bachelor’s degree.

4.4.9.2. Experience: At least seven years in the administration and operation of a distributed information system

4.4.9.3. The Contractor shall also provide the following skills:

4.4.9.3.1. Enterprise portal

4.4.9.3.1.1 The Contractor shall have at least 3 years experience with SCORM 2004.

4.4.9.3.1.2 The Contractor shall have at least 3 years experience with SharePoint 2007.

4.4.9.3.2. Text Chat

4.4.9.3.2.1 The developers shall have completed course work at a technical college in the Computer Science, Software Engineering or Electrical Engineering fields from a recognised institution.

4.4.9.3.2.2 The developers shall have strong analysis, design, and development skills. In particular:

4.4.9.3.2.2.1 Minimum of 3 years experience in XML, XML Schema and XSLT development.

4.4.9.3.2.2.2 Minimum of 3 years experience in object oriented software specification development and design.

4.4.9.3.2.2.3 Minimum of 3 years experience in Java Server Pages (JSP) design and development.

4.4.9.3.2.2.4 Minimum of 3 years experience in Web Services design and development.

4.4.9.3.2.2.5 Minimum of 3 years experience with UML.


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4.4.9.3.2.2.6 Minimum of 5 years experience in Java programming language (including object-oriented programming). This includes: - Detailed knowledge of the J2SE 1.6 platform and its main packages.

A Java Certified Programmer certificate received in the last 12 months is acceptable for this requirement.

- Swing programming interface. - Design of Graphical User Interfaces in Java Swing including the

building of Java thick-client applications. - Using Java threads.

4.4.9.3.2.2.7 Knowledge of TCP/IP, UDP/IP, HTTP, DNS, XMPP, SOAP, ReST and related protocols.

4.4.9.3.2.3 The developers shall have knowledge of the XMPP-based software code.

4.4.9.3.2.4 The developers shall have knowledge of the XMPP protocol stack including RFCs (6120, 6121, 6122) and XMPP Extension Protocols (XEPs).

4.4.9.3.2.5 The developers shall have a XMPP background and experience with development of XMPP extensions.


4.4.9.3.3.1 The Capability Development shall be done by Java developers.






4.4.9.3.3.3.4 Minimum of 3 years experience with UML. 4.4.9.3.3.3.5 Minimum of 5 years experience in object oriented software

development (preferably Java JDK 1.5 or higher). 4.4.9.3.3.3.6 Knowledge of TCP/IP, UDP/IP, HTTP, SOAP, ReST and related

protocols.


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4.4.9.3.3.4 The developers shall have knowledge of the data link formats Link16, NFFI, OTH-Gold.





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4.4.9.3.4.2.4 Minimum of 3 years experience with UML. 4.4.9.3.4.2.5 Minimum of 5 years experience in Java/C# programming language

(including object-oriented programming). 4.4.9.3.4.2.6 Knowledge of TCP/IP, UDP/IP, HTTP, DNS, XMPP, SOAP, ReST

and related protocols. 4.4.9.3.4.2.7 Knowledge of ESB and SOA concept.

4.4.9.3.5. Software License Management:

4.4.9.3.5.1 The Contractor shall have at least 3 years’ experience with software asset management techniques in Microsoft Windows domains.

4.5. LOCATION OF WORK

4.5.1. For the Track Augmentation capabilities, the functional analysis, the design, the development, the testing and the support shall be done in the NIRIS laboratory, at the NATO C3 Agency in The Hague. This is due to the security classification of the test data and the integration within the NIRIS framework and builds process.

4.5.2. For the Enterprise Portal, Text Chat, C2 interoperability, and Software License Management capabilities, the Contractor can request 1to locate personnel at NC3A Brussels or The Hague. But the work can be mainly performed at Contractor’s premises.

4.5.3. The Contractor shall charge for that individual’s services at the appropriate rate as specified in the Contract Special Provisions.

4.5.4. The services provided by the Purchaser to host the Contractor’s personnel at NC3A Brussels or The Hague include:

4.5.4.1. A desk, cubicle, workstation, or workbench, as appropriate.

1 If the request is approved by the Purchaser, the Contractor shall be responsible for costs associated with working at the Purchaser’s facilities per the Special Provisions of this Contract.


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4.5.4.2. Standard office furniture, as appropriate.

4.5.4.3. Common expendable office supplies.

4.5.4.4. Access to local telephone service.

4.5.4.5. Access to utilities within the work area.

4.6. PROJECT WEBSITE

4.6.1. The Contractor shall establish a Project Website on the NC3A NATO RESTRICTED portal on which all relevant unclassified/NATO restricted project documentation and datasets shall be maintained.

4.6.2. The portal directory structure shall be agreed between the Purchaser and the Contractor.

4.6.3. The Website shall allow the Purchaser access to the finished and in-progress items, including, Management documentation, Functional, Development and Product Baselines.

4.7. PROJECT MANAGEMENT PLAN

4.7.1. The Contractor shall establish, provide and maintain a Project Management Plan (PMP) which shall describe how the Contractor will implement the totality of the project, including details of the project control that will be applied.

4.7.2. The PMP shall identify all major Contractor operating units and any Subcontractors involved in the development of the AMN 2012 capabilities to be provided under this contract and a description of the portion of the overall effort or deliverable item for which they are responsible.

4.7.3. The PMP shall cover all aspects of the project implementation, including the Contractor’s project management structure and project control processes, personnel assignments, and external relationships necessary to provide the capabilities as required by this Contract.

4.7.4. The PMP shall be sufficiently detailed to ensure that the Purchaser is able to assess the Contractor plans with insight into the Contractor’s plans, capabilities, and ability to satisfactorily implement the entire project in conformance with the requirements as specified in this SOW.

4.7.5. The PMP shall cover at least the following areas:


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4.7.5.1. Project scope:

4.7.5.1.1. Major deliverables.

4.7.5.1.2. Assumptions.

4.7.5.1.3. Constraints.

4.7.5.2. Project organisation:

4.7.5.2.1. Internal structure, including a project organisational diagram.

4.7.5.2.2. Roles and responsibilities of each organisational unit.

4.7.5.2.3. Key personnel, their qualifications, and their responsibilities.

4.7.5.2.4. Organisational boundaries between the project organisation and the parent and subcontracted organisations.

4.7.5.3. Project management processes:

4.7.5.3.1. Project start-up, including staffing, basis of cost and schedule estimates, and project infrastructure.

4.7.5.3.2. Project control, including monitoring, reporting, and change management of work packages.

4.7.5.3.3. Issue management, including the identification, reporting, assessment, and logging of project issues in an Issue Log. The Contractor shall apply the following quality standard to the Issue Log: Managing Successful Projects with PRINCE 2 [PRINCE 2].

4.7.5.3.4. Identification of Lessons Learned, including the identification, reporting, and logging of lessons learned in a Lessons Learned Log.

4.7.5.3.5. Communications management, including the Project Website and its establishment, maintenance and use; Project Highlight Reports; Project Checkpoint Reviews; and all other communications with the Purchaser.

4.7.5.3.6. Configuration management (configuration management plan), including configuration item identification, identification and control of change requests and deficiency reports, configuration status accounting, auditing, and coordination of Contractor and Purchaser configuration management and change control processes, for both documentation and material deliverables.


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4.7.5.3.7. Risk management, including the Contractor’s process for risk identification, assessment, mitigation, monitoring, and reporting.

4.7.5.3.8. Security management, including personnel and facility security and system security accreditation.

4.7.5.3.9. Purchaser involvement via Joint Reviews, (in)formal meetings, reporting, modification and change, implementation, verification, approval, acceptance and access to facilities.

4.7.5.3.10. Quality management, including quality assurance of work processes, internal verification and validation, joint reviews, and audits.

4.7.5.4. The PMP shall define the major quality checkpoints that will be implemented while executing the project and the quality process to be used at each checkpoint.

4.7.5.5. The PMP shall cite any references used in the quality management, such as methodologies, tools or best practice material.

4.7.5.6. The PMP shall identify the organisation and responsibilities of the quality assurance team and its relation to the project team.

4.7.5.7. If sub-contracted quality resources are used, the PMP shall describe the controls and processes in place for monitoring the sub-Contractor's work against agreed timelines and levels of quality.

4.7.5.8. The Contractor shall apply the following quality standard to the Quality Log: Managing Successful Projects with PRINCE 2 [PRINCE 2].

4.7.5.9. Relationship of the PMP to subordinate plans:

4.7.5.9.1. System Development Plan

4.7.5.9.2. Test Plan

4.7.5.9.3. System Implementation Plan

4.7.5.9.4. Integrated Logistics Support Plan

4.7.5.9.5. Training Plan

4.7.6. The approval of the PMP by the Purchaser signifies only that the Purchaser agrees to the Contractor’s approach in meeting the requirements. This approval in no way relieves the Contractor from its responsibilities to meet the requirements stated in this


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Contract. The requirements of the Contract supersede any statement in the PMP in case of any conflict, ambiguity or omission.

4.7.7. The Contractor shall ensure that the PMP remains current throughout the duration of the Project to reflect the actual state of the Contractor's organisation and efforts, and maintain a current copy on the Project Website.

4.8. PRODUCT BREAKDOWN STRUCTURE

4.8.1. The Contractor shall establish and maintain a Product Breakdown Structure (PBS) as separate section in the PMP. The PBS shall identify all products and sub-products of the project.

4.8.2. The PBS shall provide a clear and unambiguous statement of what the project is to deliver.

4.8.3. The PBS shall provide an exhaustive, hierarchical tree structure of deliverables (physical, functional or conceptual) that make up the project.

4.9. PROJECT WORK BREAKDOWN STRUCTURE

4.9.1. The Contractor shall establish and maintain a Project Work Breakdown Structure (PWBS).

4.9.2. The PWBS shall define the major work packages and the relationship between the work packages and the end product.

4.9.3. The PWBS shall describe the work packages to a level that exposes all project risk factors and allows accurate estimate of each work item’s duration, resource requirements, inputs and outputs, and predecessors and successors.

4.9.4. The PWBS shall include a PWBS Dictionary that identifies for each work item its duration, resource requirements, inputs and outputs, predecessors and successors, assumptions, constraints, dependencies, and requirements for Purchaser support.

4.9.5. The PWBS shall be used as the primary framework for Contract planning and reporting to the Purchaser.

4.9.6. The Contractor shall not change the PWBS or PWBS Dictionary without the approval of the Purchaser.


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4.9.7. The Contractor shall apply the following quality standard to the PWBS: A Guide to the Project Management Body of Knowledge (PMBOK Guide) [PMBOK] / Practice Standard for Work Breakdown Structures, Second Edition.

4.10. PROJECT MASTER SCHEDULE

4.10.1. The Contractor shall establish and maintain a Project Master Schedule (PMS) that contains all Contract events and milestones, including Contract-related Purchaser and IV&V activities and events (e.g., Purchaser reviews, provision of specific Purchaser-furnished items). The PMS shall correlate with the PWBS and also be traceable to performance and delivery requirements of this SOW.

4.10.2. The PMS shall depict the sequence, duration, and relationship among PWBS, Task orders, work packages and work items, including internal QA events.

4.10.3. The PMS shall include the resources requested to perform each task.

4.10.4. The PMS shall identify risk mitigation plan.

4.10.5. The PMS shall identify the start and finish dates, duration, predecessors, successors, and resource requirements for each work item.

4.10.6. The PMS shall include the delivery dates for all management products (e.g., project plans, Project Highlight Reports), including at least the initial version and the final one.

4.10.7. The PMS shall include activity network, activity Gantt, milestone, and critical path views of the project schedule.

4.10.8. The PMS shall be provided in a format fully compatible with Microsoft Project 2010 or previous version and be made available on the Project Website.

4.10.9. The initial version of the PMS shall, upon Purchaser Acceptance, be placed under the project portal and will be the baseline.

4.10.10. Any changes to the PMS shall be endorsed by the Purchaser.

4.11. RISK MANAGEMENT

4.11.1. The Contractor shall establish a risk management program and perform risk management throughout the period of performance of this Contract.

4.11.2. As part of this, the Contractor shall establish and maintain a Risk Log for the project.


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4.11.2.1. In the Risk Log, the Contractor shall identify any management, technical, schedule, and cost risks.

4.11.2.2. The Contractor shall rate each risk as High, Medium, or Low, based on its probability of occurrence and its impact on cost, schedule, and quality. In addition, if requested by the Purchaser, the Contractor shall provide an estimate of cost and schedule impacts for identified risks.

4.11.2.3. The Contractor shall identify for each risk the measures being taken to mitigate any risk rated as high on any factor.

4.11.2.4. The Contractor shall make the Risk Log available on the Project Website. The Contractor shall include in the Project Highlight Report a chart that lists all active risks rated high on any factor and note any significant forecasted changes in these risks.

4.11.2.5. The Contractor shall update and brief the Risk Log at all Project Checkpoint Reviews and Design Reviews.

4.11.3. The Contractor shall apply the following methodology to the Risk Log: Managing Successful Projects with PRINCE 2 [PRINCE 2] or similar.

4.12. CONFIGURATION MANAGEMENT

4.12.1. General

4.12.1.1. The Contractor shall implement a Configuration Management (CM) programme as defined in STANAG 4427 Ed.2 and the ACMP 1-7, to carry out the Configuration Management functions as described in this SOW (configuration item identification, configuration control, configuration status accounting, and configuration verification).

4.12.1.2. The Contractor shall ensure that an effective CM organization is established and maintained to implement and manage the CM programme throughout the duration of this Contract.

4.12.1.3. The Contractor shall describe the CM programme and the CM organisation in a CM Plan. This CM plan shall be part of the Project Management Plan.

4.12.1.4. Under the CM programme the Contractor shall maintain and update all project CIs as requested by changes within the project or external to the project throughout the duration of the contract

4.12.2. Baselines definition


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4.12.2.1. The Contractor shall establish, maintain and control, for the duration of the Contract, three baselines: Functional Baseline (FBL), Allocated Baseline (ABL), and Product Baseline (PBL) as defined in ACMP-2 Ed.2.

4.12.2.2. The Contractor shall also identify and maintain, for the duration of the Contract, the Operational Baseline (OBL).

4.12.2.3. Separate sets of FBL, ABL, and PBL and OBL baselines shall be established for each of the capabilities furnished under this Contract:

4.12.2.3.1. Enterprise portal,

4.12.2.3.2. Text Chat,

4.12.2.3.3. Track Augmentation,

4.12.2.3.4. C2 interoperability,

4.12.2.3.5. Software License Management.

4.12.2.1. The Functional Baseline (FBL) is a set of documents that specifies the functional and non-functional requirements of the capabilities to be provided. The FBL is used as the approved basis for functional comparison. The FBL shall include the documents provided during the System Requirement Review (3.3.9) such as the System Requirement Specifications (SRS). The System Requirement Specifications (SRS) shall be maintained under a requirement management tool (DOORS).

4.12.2.2. The Allocated Baseline (ABL) is a set of documents that specifies the design of the capabilities to be provided. The ABL is used as the approved basis for design comparison. The ABL shall include the documents provided during the Critical Design Review (3.4.5) such as the SDS (including the Requirements Traceability Matrix), the Test Plan, but also any other documentation deemed appropriate by the Contractor to ensure requirements are reflected in the system during development and integration, can be demonstrated through a comprehensive set of tests, and can be delivered in the form of the Product Baseline. The design in the ABL shall meet the functional and non-functional requirements allocated in the FBL.

4.12.2.3. The Product Baseline (PBL) is a set of products (systems, components, COTS licences), including supporting documents, that constitute the capabilities to be provided. The PBL is used as the approved basis for physical comparison. The PBL shall include the documents provided during the Product Baseline Review (3.5.7) and shall contain all delivered configuration items (CIs) that comprise the


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systems and any subsequent releases. The Contractor shall provide an update of the Product Baseline for any changes made in the fielded Product Baseline (e.g., warranty changes). The PBL shall meet the functional and non-functional requirements allocated in the FBL and the design of the ABL.

4.12.2.4. The Operational Baseline (OBL) is defined as the PBL after Final System Acceptance (FSA) and formal Handover from the Implementation Authority (IA) to the Service Provision Authority (SPA) and Operational Authority (OA). The OBL includes all currently fielded IT infrastructure and CIS capabilities (hardware and software, including documentation and licenses).

4.12.3. Configuration Item Identification

4.12.3.1. The Contractor shall establish a separate configuration identification system for:

4.12.3.1.1. Enterprise portal,

4.12.3.1.2. Text Chat,

4.12.3.1.3. Track Augmentation,

4.12.3.1.4. C2 interoperability,

4.12.3.1.5. Software License Management.

4.12.3.2. The Contractor shall propose the Configuration Items (CI’s) based on the selection criteria of the ACMP-2 Ed.2 to the Purchaser for approval.

4.12.3.3. The CI list shall include, but is not limited to, the following items:

4.12.3.3.1. Any Contractor developed software item, including its source code and documentation;

4.12.3.3.2. Any Off-The-Shelf (OTS), commercial or non-commercial software items (e.g. from the Microsoft corp. or open source communities), including their documentation;

4.12.3.3.3. Any Contractor developed and/or OTS software that can be installed and uninstalled in a modular fashion, including their documentation.

4.12.3.4. The Contractor shall store the Configuration Items and Configuration Baselines persistently in a COTS Configuration Management Database (CMDB) and shall keep it updated and consistent.


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4.12.3.5. Every CI shall have a unique identifier.

4.12.3.6. The level of granularity for the Configuration Item selection shall reach at minimum:

4.12.3.6.1. Line Replaceable Units (LRUs) – Hardware CIs,

4.12.3.6.2. Software Assets and/or Firmware – Software CIs,

4.12.3.6.3. Documentation delivered under this Contract – Documentation CIs.

4.12.3.7. The Hardware CI attributes shall include, but is not limited to, the Material Datasheet (MDS) information.

4.12.3.8. The Contractor shall enable the Purchaser real-time access to the CMDB.

4.12.3.9. The Purchaser reserves the right to modify the CI structure and/or attributes.

4.12.4. Configuration Control

4.12.4.1. The Contractor shall implement the Configuration Control process for all CIs and Baselines in accordance with ACMP-3 Ed.2.

4.12.4.2. The Contractor shall establish an internal Change Control Board (Contractor CCB) that prepares and processes all proposed changes (e.g. ECR, RFD, RFW, NOR) to any CI and/or Baseline prior submission to the Purchaser.

4.12.4.3. The Purchaser reserves the right to call for a Contractor CCB and to participate as an advisory member.

4.12.4.4. The Contractor shall use forms for ECR, RFD, RFW and NOR that are approved by the Purchaser. If the Contractor forms are not acceptable, then the forms shown in ACMP-7 Ed.2, Annexes A, B and C, shall apply.

4.12.4.5. Engineering Change Request (ECR)

4.12.4.5.1. The Contractor shall prepare and process the ECR for engineering, design, or development changes, including proposed classification, priority, schedule and cost;

4.12.4.5.2. The ECR classification and priorities shall be implemented according to the ACMP-3 Ed.2. and Purchaser's agreement;


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4.12.4.5.3. The Contractor shall submit the preliminary ECR to the Purchaser PM at least three (3) working days prior the Contractor CCB;

4.12.4.5.4. The Contractor shall present the preliminary ECR at the Purchaser Change Control Board (Purchaser CCB);

4.12.4.5.5. The Contractor shall review and dispose the Purchaser approved ECR's linked to one or more CI's and in its configuration documentation;

4.12.4.5.6. The Contractor shall update the CI status accounting records (CMDB), distribute change documentation, and verify change implementation.

4.12.4.6. Request For Deviation (RFD)

4.12.4.6.1. If the Contractor determines, prior to the development of a CI, that it is impossible to satisfy the mandatory requirements of the specification, the Contractor shall have a procedure for preparing and submitting an RFD to the Purchaser;

4.12.4.6.2. The approval process shall follow the same path as for the ECR.

4.12.4.7. Request For Waiver (RFW)

4.12.4.7.1. If the Contractor determines, either during or after the development of a CI, that it does not meet specified requirement(s), but nevertheless believes that the item is suitable for use "as is" or after rework by an approved method, the Contractor shall have a procedure for preparing and submitting an RFW to the Purchaser.

4.12.4.7.2. The approval process shall follow the same path as for the ECR.

4.12.4.8. Notice of Revision (NOR)

4.12.4.8.1. Concurrent with the preparation of an ECR, the Contractor shall prepare an NOR for each drawing, associated list, specifications and other non-specification type documents (comprising the configuration identification for an item) which would require revision if the ECR were approved.

4.12.4.8.2. The NOR shall be attached to their related ECR, unless otherwise specified in the contract.

4.12.5. Configuration Status Accounting


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4.12.5.1. The Contractor shall implement the Configuration Status Accounting process for all CIs and Baselines in accordance with ACMP-4 Ed.2.

4.12.5.2. The Contractor shall provide a COTS CSA system (CMDB) that shall be capable of recording and reporting on the CI's and Baseline(s) and shall maintain traceability of all proposed and approved configuration changes for each baseline.

4.12.5.3. The Contractor shall utilise status accounting data elements to be able to:

4.12.5.4. Provide the history of a CI or group of CI's (Initiation, Change, Revision, Disposal);

4.12.5.5. Identify the current, approved configuration documentation, and identifier associated with changes;

4.12.5.6. Record and report the status of proposed engineering changes from initiation to release;

4.12.5.7. Record and report the results of configuration audits, including the status of identified discrepancies and action items;

4.12.5.8. Record and report the status of deviations;

4.12.5.9. Provide traceability of design and reconciliation of product configurations;

4.12.5.10. Track configuration identifiers including serial or version numbers;

4.12.5.11. Record and report test data, test results and test procedures;

4.12.5.12. Prepare CSA records and reports, unless otherwise specified in the contract;

4.12.5.13. If requested, arises for data elements not included therein, the contractor shall identify the data element to the Purchaser along with a proposed definition.

4.12.5.14. The Contractor's CSA system shall be capable of, but not be limited to, providing the following reports on demand:

4.12.5.14.1. A list of configuration documents for a CI;

4.12.5.14.2. A list of versions or revisions for a CI;

4.12.5.14.3. A list of all ECR, deviations and waivers against a CI;

4.12.5.14.4. A historical list of all changes including information on the change status and implementation status (e.g. progress);


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4.12.5.14.5. A list of all outstanding, programmed or planned audits;

4.12.5.14.6. A list of all outstanding actions, corrective and otherwise, as a result of an audit against a CI;

4.12.5.14.7. A list of CI which have been subject to an audit with the date of the audit, the result of the audit and the status of the audit;

4.12.5.14.8. A breakdown list of the top level CI and all lower level CI.

4.12.5.15. At PSA, in support of configuration auditing, and at FSA, the Contractor shall deliver a set of final CSA reports for each CI in both hard copy and in electronic media.

4.12.6. Configuration Verification

4.12.6.1. Upon request from the Purchaser, the Contractor shall support configuration audits to demonstrate that the actual status of all CIs matches the authorised state of CIs as registered in the CSA database (CMDB) according to ACMP-5 ed.2;

4.12.6.2. The Contractor shall support the Functional Configuration Audit (FCA) and Physical Configuration Audit (PCA) by providing the required Baseline Documentation and/or CSA reports, and answering questions from the Purchaser's Auditor;

4.12.6.3. The Contractor shall include in the CMP a description of the FCA and PCA audit procedures, conditions, entry and exit criteria, for the Purchaser's approval;

4.12.6.4. The Contractor shall draft the Audit Reports for the FCA and PCA that summarises the Audit results for the Purchaser's approval;

4.12.6.5. The Contractor shall solve any deficiencies found during the FCA and PCA within the agreed timeframe and update the Baseline accordingly;

4.12.6.6. The initial version of the ABL and PBL shall be provided to the Purchaser for acceptance. Upon Purchaser Acceptance, ABL and PBL shall be placed under the control of the Purchaser Configuration Control Board (CCB). The FBL is always under the control of the Purchaser CCB.

4.12.6.7. The acceptance of the ABL and PBL by the Purchaser signifies only that the Purchaser agrees to the Contractor's approach in meeting the requirements. This acceptance in no way relieves the Contractor from its responsibilities to meet the requirements stated in this Contract;


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4.12.6.8. The Contractor shall perform all activities necessary to keep the contents of the FBL, ABL and PBL under Configuration Control and shall keep it current to reflect the progress of the project activities;

4.12.7. Configuration Management Tools

4.12.7.1. The Contractor shall create and maintain a COTS based Configuration Management Database (CMDB) that persists the Configuration Item (CI) attributes, (inter-) relationships, and Configuration Baselines;

4.12.7.2. A Purchaser approved COTS software version control program shall be used for any Contractor developed software;

4.12.7.3. The Contractor shall maintain a version control scheme as part of its CM program and CMDB. This version control scheme shall allow for the unique identification of all changes to the CIs, no matter how minor the change;

4.12.7.4. The Contractor shall update and maintain the CMDB for the duration of this contract;

4.12.7.5. In case of use of non-COTS tools or the tools that deliver a proprietary database format, they shall be provided as part of the PBL.

4.13. QUALITY MANAGEMENT

4.13.1. The Contractor shall establish, execute, and maintain an effective Quality Management program throughout the Contract lifetime.

4.13.2. It shall be based on AQAP-2110 [AQAP-2110], which incorporates by reference the ISO 9001 directive, and on AQAP-150 [AQAP-150].

4.13.3. The program shall ensure that procedures are developed, implemented and maintained to adequately control the design, development, production, testing, configuration management, and support of all deliverables.

4.14. PROJECT HIGHLIGHT REPORT

4.14.1. The Contractor shall provide, every three (3) weeks, a Project Highlight Report. This report shall summarise activities, including:

4.14.1.1.1. Summary of Contract activities during the preceding month, including the status of current and pending Work Packages;


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4.14.1.1.2. Progress of work and schedule status, highlighting any changes since the preceding report;

4.14.1.1.3. Status of action items;

4.14.1.1.4. Description of any identified problems, anomalies and high risk areas with proposed solutions and corrective actions;

4.14.1.1.5. Test(s) conducted and results;

4.14.1.1.6. Provisional financial status and predicted expenditures;

4.14.1.1.7. Changes in key Contractor personnel, as approved by the Purchaser;

4.14.1.1.8. Summary of Change Requests requested or approved;

4.14.1.1.9. Summary of any site surveys conducted;

4.14.1.1.10. Report on maintenance calls by number, type, and actions taken; and

4.14.1.1.11. Plans for activities during the following reporting period.

4.14.2. The Contractor shall maintain an archive of Project Highlight Reports on the Project Website.

4.14.3. The Contractor shall apply the following quality standard to the Project Highlight Reports: Managing Successful Projects with PRINCE 2 [PRINCE 2].

4.15. MEETINGS

4.15.1. General

4.15.2. Unless otherwise specified, at least one week before all meetings required under this Contract, the Contractor shall send an invitation, including:

4.15.2.1. Purpose.

4.15.2.2. Agenda.

4.15.2.3. List of participants.

4.15.2.4. Date, hour, place, duration.


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4.15.3. The Contractor shall record meeting minutes and post them on the Project Website within 2 working days for subsequent review and approval by the Purchaser.

4.15.4. The minutes shall not be used as a mechanism to change the terms, conditions or specifications of the Contract nor as a vehicle to alter the design or configuration of equipment or systems. Such changes shall only be made by agreement, amendment or by authorised mechanisms as set forth in the Contract.

4.15.5. Kick-Off Meeting

4.15.5.1. The Contractor’s Project Manager and key personnel will participate in the AMN 2012 project kick-off meeting with the Purchaser’s Project Manager and members of the AMN 2012 Integrated Project Management Team (IPMT) within two weeks after EDC. This meeting will be held at the Purchaser’s facility.

4.15.5.2. The contractor shall be prepared to present the initial draft Project Management Plan, review the organisation of the Project Management Website and present an outline schedule of the project.

4.15.6. Project Checkpoint Reviews

4.15.6.1. The Contractor shall attend Project Checkpoint Reviews (PCR) with the Purchaser. The first PPM will be in the sixth (6th) week after the effective date of contract, and further PPMs shall be scheduled to occur approximately every six (6) weeks thereafter. The Purchaser reserves the right to increase or decrease the intervals between PPMs but meetings will not be called more frequently than every 4 weeks. At any time during the Contract a PPM may be called off when mutually agreed that it is not required.

4.15.6.2. Project Checkpoint Reviews between the Contractor and the Purchaser shall normally alternate between the Purchaser’s and the Contractor’s facilities unless otherwise agreed by the parties at occasions when it may be deemed beneficial to the Purchaser. Meetings will be scheduled and chaired by the Purchaser's Project Manager. The Contractor shall ensure that the Contractor's Project Manager including technical-, ILS-, QA-staff…as appropriate shall attend.

4.15.6.3. The normal PCR agenda will include:

4.15.6.3.1. The Contractor’s presentation of the Project Status Report;

4.15.6.3.2. Schedule Review;

4.15.6.3.3. Discussion/resolution of risks and issues;


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4.15.6.3.4. Review of maintenance reports when applicable;

4.15.6.3.5. Any other business.

4.15.6.4. During the meetings the Contractor may be requested to provide detailed presentations on specific tasks at the subsequent PCR as required by the Purchaser. A copy of the presentation material used at these activity reviews shall be handed over to the Purchaser. The Contractor shall be responsible for the following specific actions in the conduct of reviews:

4.15.6.4.1. Develop a schedule and agenda for accomplishing the required reviews;

4.15.6.4.2. co-ordinate the review, schedule and agenda and Purchaser participation, and provide the Purchaser with appropriate Progress Reports (see Section 3.4 above) prior to the review;

4.15.6.4.3. ensure participation of sub-Contractor’s, vendors and suppliers, as necessary;

4.15.6.4.4. organise and present briefings as necessary;

4.15.6.5. The Contractor shall be responsible for producing minutes/records of PCRs and providing a draft copy for Purchaser comments within 1 week of the PPM. The Purchaser will provide comments made against the draft copy to the Contractor within 2 weeks of receipt. The Contractor shall then return 3 final copies of the minutes to the Purchaser within 1 weeks of receipt of the Purchaser’s comments. The Purchaser shall have 1 further week to either notify the Contractor, in writing, of any comments made against the minutes/records. If there are no comments, the minutes/records shall be taken as accepted by the Purchaser. The minutes shall not exceed five pages, unless specifically approved by the Purchaser. The Contractor shall not consider the minutes as the basis for changes to the terms and conditions or Scope of Work of the Contract in the Absence of a formal Contract Amendment.

4.15.7. Ad Hoc Working Meetings

4.15.7.1. Ad Hoc Working Meetings may be called subject to mutual agreement on request of either the Purchaser or the Contractor to resolve problems, clarify programme requirements or review progress. These meetings may generally be held in the Purchaser's premises in Brussels or The Hague.

4.15.8. Configuration Control Board Meetings.


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4.15.8.1. The Contractor’s Project Manager or designated representative will participate in AMN 2012 Configuration Control Board meetings as requested by the NC3A Project Manager.

4.15.8.2. Attendance in person is preferred but via video or telephone conferences may be accepted by the Purchaser.

4.15.9. Major Reviews

4.15.9.1. The Contractor shall conduct a meeting to start the Review. During this meeting, the Contractor shall present the process and schedule to conduct the Review as well as the documentation submitted to the review.

4.15.9.2. After the delivery of the documentation, the Purchaser will have fifteen (15) working days to provide his remarks to the Contractor.

4.15.9.3. The Contractor will have five (5) working days to provide his answers to Purchaser’s comments and propose actions.

4.15.9.4. Five (5) weeks after the start meeting, the Contractor shall conduct a close meeting. During this close meeting, the Contractor and the Purchaser shall agree on revisions to be done to the documentation and actions to be conducted.

4.15.9.5. The Purchaser will then have 5 working days to provide the updated documentation to the Purchaser.

4.15.9.6. The Documentation Review shall be considered completed when:

4.15.9.6.1. All Purchaser’s comments, agreed between Parties, have been incorporated,

4.15.9.6.2. All the updated documentation has been received by the Purchaser,

4.15.9.6.3. The Purchaser agrees to the updated documentation.

4.15.9.7. Meetings held during this review shall be conducted in accordance with general meeting requirements defined Section 4.15.1.


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SECTION 5: ILS REQUIREMENTS

5.1. GENERAL

5.1.1. This section outlines the supportability requirements of the project. It addresses various Integrated Logistic Support (ILS) elements such as: maintenance, support services, spare parts provisioning, transportation, warranty and training.

5.1.2. The NC3A/ILS POC for all requests related to ILS is:

Mr. Ron Spijkerman NATO C3 Agency ILS Office Avenue du Bourget 141 B-1110 Brussels Belgium Tel: +32 (0)2 707 8578 Fax: +32 (0)2 707 8770 E-mail: [email protected]

5.1.3. The NC3A/ILS POC for all requests related specifically to supply support, management and control of logistics movements, and warranty is:

Mr. Jackie Robinson NATO C3 Agency ILS Office Avenue du Bourget 141 B-1110 Brussels Belgium Tel: +32 (0)2 707 8498 Fax: +32 (0)2 707 8770 E-mail: [email protected]
