eportal.nspa.nato.int · Web viewThe NATO Support and Procurement Agency (hereafter referred to as NSPA) reserves the right to announce changes to the RFP not later than 4 calendar

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PROCUREMENT DIVISIONDIVISION DES ACHATS

Part 1 – Bidding Instructions and Administrative Requirements

TO: : ALL BIDDERS

SUBJECT: : THE PROVISION OF DESIGN AND BUILD SERVICES FOR:

OUTDOOR SPORT FACILITIES, LOGISTICS COMPOUND UPGRADE.

WITHIN MARSHAL FAHIM NATIONAL DEFENCE UNIVERSITY (MFNDU) / NATIONAL MILITARY ACADEMY OF AFGHANISTAN (NMAA), QARGHA, KABUL AREA, AFGHANISTAN

RFP COLLECTIVE NUMBER : YLA200001

Table 1 - Timelines

A RFP Issue: 30 MARCH 2020

B RFP Response Form due:: 15 JUNE 2020 - 1200 Hrs Luxembourg Time

C Bidders’ Conference (Mandatory):15 JULY 2020

D Site Visit (Mandatory):

E Q&A Cut-Off Date: 27 JULY 2020 – 1200 Hrs Luxembourg Time

F Final date for publication of Questions and Answers: 30 JULY 2020 – 2359 Hrs Luxembourg Time

G Final date for Clarifications: 30 JULY 2020 – 1200 Hrs Luxembourg Time

H Bid Closing: 06 AUGUST 2020 @ 2359 Hrs Luxembourg Time

J Offer Validity: 180 days following bid closing date

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TABLE OF CONTENTS

1. SUBMISSION OF THE BID

1.0. GENERAL1.1. BID SUBMISSION1.2. LATE BIDS1.3. BID OPENING1.4. VALIDITY OF BIDS1.5. REQUESTS FOR CLARIFICATION1.6. SITE VISIT / BIDDERS’ CONFERENCE1.7. MODIFICATION OF SUBMITTED BIDS1.8. ELECTRONIC TRANSMISSION OF INFORMATION AND DATA1.9. FORM AND CONTENT OF THE BID1.10. TECHNICAL PROPOSAL1.11. PRICE / CONTRACTUAL PROPOSAL1.12. DELIVERY SCHEDULE

2. EVALUATION OF THE BID

2.1. GENERAL REQUIREMENTS2.2. BID EVALUATION PROCEDURE2.3. BID EVALUATION CRITERIA2.4. PRICE PROPOSAL FORM2.5. COMPLIANCE FORMS

3. CONTRACT AWARD

4. BALANCING OF PRODUCTION

5. BID BOND

6. PERFORMANCE BOND

7. WARRANTY BOND

8. NOTIFICATION OF UNSUCCESSFUL BIDDERS

9. PUBLICATION OF CONTRACT AWARDS

ANNEX A ELECTRONIC TRANSMISSION OF INFORMATION AND DATA

ANNEX B EXAMPLE BID BOND

ANNEX C EXAMPLE PERFORMANCE BOND

ANNEX D EXAMPLE WARRANTY BOND

ANNEX E EXAMPLE ADVANCE PAYMENT GUARANTEE


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1. SUBMISSION OF THE BID

1.0. GENERAL

1.0.1. The bidder must have legal residence and main production facilities within a NATO member country. If the bidder intends to perform the required services other than exclusively with his own resources, a workload allocation plan / sub-contracting plan must be included within the proposal. NSPA reserves the right to reject any proposal assessed to be unacceptable.

1.0.2. The NATO Support and Procurement Agency (hereafter referred to as NSPA) reserves the right to announce changes to the RFP not later than 4 calendar days before bid closing date. All bidders will be officially notified of the changes. If the changes have significant impact on the bid preparation, NSPA will postpone the bid closing date by an adequate time period. The bidders will be informed of the new closing date by the most expeditious means.

1.0.3. Bidder’s should note that this RFP is published for a bundle of 2 projects; namely, Outdoor Sports Facilities and Logistics Compound Upgrade as described separately in Part-3 of this RFP. Bidders shall submit their proposal that includes the delivery of both projects. Offers that do not include the delivery of both projects will be deemed incomplete and commercially non-compliant. This RFP is not a commitment that an award of contract will be made. NSPA reserves the right at any time up to the award of contract, to reject any or all proposals partially or completely, stop the bidding procedure, postpone it to a later date or award a contract for any or part of the items or either project solicited. NSPA shall have no liability for costs or losses incurred by bidders in relation to participation in the RFP process. Any legal claim from bidders against NSPA for a refund of expenditure or charges resulting from preparation and submission of the bid will not be accepted.

1.0.4. With the submission of a bid, the bidder consents to the disclosing of the bidding documents to NATO offices concerned. However, NSPA will limit disclosure exclusively to the period after bid evaluation and only for the purpose of dealing with disputes or NATO auditing.

1.0.5. If your company believes that the wording of this Request for Proposal unduly restricts competition, a formal complaint may be submitted not more than 15 days after the release of the RFP. The formal complaint must detail the specific areas in which it is believed that the requirements of this RFP unduly restrict competition and must request that NSPA suspend the procurement process. The Agency will evaluate the complaint and, within 14 days of receipt respond by either (1) amending the RFP or (2) rejecting the complaint. The decision of the Agency in such cases shall be final.

1.0.6. The NSPO Procurement Regulations and the NSPA Operating Instructions are available on NSPA’s website under: http://www.nspa.nato.int/en/organization/procurement/rules.htm .

1.0.7. The Bidder must provide evidence for the possession of all required qualifications at the time of bid submission.

1.0.8. Joint Ventures (JV) - Joint Ventures will not be considered eligible to tender, unless they are already legally established and registered in a NATO Member Country and recorded as such (i.e. JV) on the NSPA Source File as a single legal entity. This single entity must meet the same criteria, i.e. be capable of assuming the overall legal, financial and performance requirements of the contract as well as complying with all the criteria of the solicitation including proof of past performance of the JV partners. For all


http://www.nspa.nato.int/en/organization/procurement/rules.htm

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firms seeking registration, NSPA will consult the respective national authorities to confirm the firm (including a firm created by a JV) is eligible as a service provider from that country. Therefore, NSPA cannot accept bids which indicate the creation of a JV subject to contract award, even if one, multiple or all JV founding companies are listed separately on the NSPA Source File. The Contractor shall also be required to provide a Parent Company Guarantee of joint and several liability.

1.0.9. Contractor’s ResponsibilityWith the submission of his proposal the bidder guarantees that he is in possession of all the necessary intellectual property rights in force in the countries where the items will be manufactured and / or services will be performed, under the resulting contract and in other countries where the intellectual property rights are in force. It is the sole responsibility of the bidder to obtain any licenses necessary for the performance of this contract and for making any other arrangements required to protect NSPA from any liability for intellectual property rights infringement in said countries. The bidder will at his expense hold NSPA harmless and fully indemnify NSPA against all damages, costs, charges, expenses and the like arising from or incurred by any reason of any infringement or alleged infringement of intellectual property rights in consequence of the provision of the service and / or materiel.Should Bidders establish agreements to sub-contract, these agreements must meet the legal requirements in the country of performance and the agreements must be identified to NSPA at the time of bidding and provided upon request. Should a contract be awarded, NSPA will hold the contractor entirely responsible for the performance of the contract. The fact that NSPA allows to subcontract or to call upon a third party for the performance of any part of the contract does not relieve from this responsibility.

1.0.10. Former NSPA StaffAny bidder who proposes to employ former NSPA staff member(s) in the performance of this contract shall specifically identify the individual(s) and the position for which they will be hired. If NSPA determines that the former NSPA staff members will be employed in supporting a requirement for which they were personally and substantially involved while a NSPA employee, the bidder’s proposal may be removed from further consideration for award. Failure to disclose such employment shall result in the immediate removal of the bidder’s proposal from further consideration for award. This restriction shall be in effect for a period of two years after the former NSPA employee concludes their employment with the Agency, unless authorized in writing by the NSPA General Manager or his authorized representative.

1.0.11. Vendor Vetting for performance in Afghanistan

a. To be eligible for contract award, contractors and subcontractors at all tiers are required to register in the Joint Contingency Contracting System (JCCS) and are responsible for keeping the information in this system updated at all times. Prime contractors and subcontractors at any tier may verify their registration at https://www.jccs.gov/jccscoe/ by selecting the "Vendors Login" module and logging in with their user name and password. The Bidder must be registered and possess an “ACCEPTABLE” vendor vetting rating in JCCS prior to award, and maintain an acceptable vendor vetting rating for the life of the contract. NSPA may at its discretion request implementation of a mitigation plan from relevant Military Authorities if the vendor vetting status is “UNACCEPTABLE WITHOUT MITIGATION”.

b. Failure to be registered in JCCS or failure to inform the contracting officer of the names of all prospective subcontractors or rejection of a mitigation plan may render the bidder commercially non-compliant and therefore ineligible for contract award.

c. Bidders, including any subcontractors, must input all required identifying documentation into JCCS before vetting can take place. Required documents and data fields includes, but is not limited to:


https://www.jccs.gov/jccscoe/

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AISA License; Passport/Tazkera of Key Personnel; Tax ID Certificate; Host-country visa, work permit; Basic Company information (ie name, address, telephone number, email

address, and company website; Articles of Association (identifies key management personnel); Company Questionnaire; and Vendor Family Detail Form.

1.1. BID SUBMISSION

1.1.1. The Bid Closing Date is stated at Table 1 above.

1.1.2. The means of transmitting your bid are left to your discretion, e.g. post, by private mail service, fax or e-mail. Proposals submitted electronically must conform to currently supported Microsoft Office versions (preferably MS-Word, MS-Excel) or PDF. It is recommended to provide such documents in PDF format. A proposal that is received “incomplete” when the closing date deadline is reached cannot be accepted. (See Annex A to this Document).

Proposals submitted by email shall only be sent to: [email protected]

***WHEN SENDING YOUR PROPOSAL BY E-MAIL, DO NOT SEND/COPY/BLIND COPY YOUR PROPOSAL TO ANY OTHER E-MAIL ADDRESS AT NSPA***

Proposals submitted by FAX shall be sent to: 00352 3063 4300

In case the proposal is mailed it has to be submitted in two sealed envelopes. The outside envelope shall be addressed as below:

NATO SUPPORT AND PROCUREMENT AGENCY (NSPA)Procurement Division, Attn.: PP–LKRFP Collective Number YLA200001L – 8302 CAPELLENGrand Duchy of Luxembourg

The inside envelope containing the proposal should only mention the RFP Collective Number.

1.1.3. Your proposal must be signed by an official authorized to bind your firm to a contract. If your proposal is submitted electronically the authorized signature should be scanned. Proposals submitted in response to this RFP are binding offers and, upon acceptance by NSPA, constitutes a binding contract.

1.2. LATE BIDS

1.2.1. The Bidder shall make every effort to ensure that his bid reaches the above designated office on or before the exact time fixed for the bid closing.

1.2.2. Proposals received after the Offer Closing Date indicated at Table 1 above shall, as far as contract award is concerned, be rejected without consideration.

1.2.3. If the bidder chooses to upload the file electronically, possible problems with uploading large files need to be taken under consideration. Insofar, it is recommended


mailto:[email protected]

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that uploading the files is not attempted for the first time shortly before the actual bid closing.

1.2.4. Proposals submitted by mail prior to the Offer Closing Date (valid postal stamp) will be considered as long as they are received before an award is made.

1.2.5. If only one offer is received and it is received after the bid closing date, NSPA reserves the right to consider such offer.

1.3. BID OPENING

The Monday following the bid closing date of this RFP, NSPA will post on its portal, at the following link: http://www.nspa.nato.int/en/organization/procurement/procurement.htm, the names of the companies who have submitted an offer within the bidding period of this RFP.

1.4. VALIDITY OF BIDS

1.4.1. Bids submitted by participating firms will remain valid for the period stated at Table 1 above under “Offer Validity”. It is NSPA’s intention to take a decision within that period. However, NSPA reserves the right to request an extension of this period if a decision cannot be made within the allotted time. Bidders will have the opportunity to accept or refuse this extension, but may withdraw their bid only after the completion of the “Offer Validity” period as indicated at Table 1 above.

1.5. REQUESTS FOR CLARIFICATION

1.5.1. Bidders must seek clarification on uncertainties in the RFP as soon as possible.

1.5.2. Any request for clarification shall be in writing via email using the corresponding Questions and Answers (Q&A) form, referencing the document and paragraph concerned. Questions shall be submitted before the Q&A cut-off date listed at Table 1 above. The Contracting Officer is the only authority that can provide binding instructions or clarification through written confirmation.

Questions shall be addressed to:

NSPAAttn: Y. LEVENT AKSOY & PETR DUBSKY, LK-PP

L - 8302 CAPELLEN (G.D. LUXEMBOURG) Phone: 00 352 3063 5729E-Mail: [email protected] & [email protected]

1.5.3. All bidders will be informed about the questions and answers via NSPA’s Business ePortal within five working days following receipt of the question; clarifications to these answers will be admitted until 5 days after the Q&A cutoff date. As a result of clarifications or changes to the bidding documents, the bid closing date may be extended as found necessary by NSPA.




http://www.nspa.nato.int/en/organization/procurement/procurement.htm

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1.6. SITE VISIT / BIDDERS’ CONFERENCE

1.6.1. SITE VISIT

A Site Visit is scheduled for the time and date stated at Table 1 above. Attendance at the Site Visit is mandatory. NSPA reserves the right to disqualify Bidders from further participation in the competition in the event of their non-attendance at the Site Visit. Bidders who wish to attend are to notify the Contracting Officer identified in this RFP by returning the RFP Response Form attached to this RFP Package identifying the names and personal details for up to 2 persons (maximum) intending to represent their Company at the Site Visit. The attendees must be proficient in English to communicate on site and least one attendee must be a Subject Matter Expert for the required performance.

1.6.2. BIDDERS’ CONFERENCE

A Bidders’ Conference is scheduled in conjunction with the Site Visit.

1.7. MODIFICATION OF SUBMITTED BIDS

1.7.1. Changes to a bid will only be taken into account if received by NSPA before the bid closing date. Changes, which reach NSPA after this date, will be disregarded.

1.7.2. Should the bidder decide to revise the prices offered before the bid closing date, these revised prices shall be repeated in words and are to be confirmed by signature. The signature shall be that of an official authorized to bind your firm to a contract. In accordance with paragraph 1.1.3., the signature may be electronic if the Bidder submits his proposal electronically.

1.7.3. Changes of the bid shall be unambiguous.

1.7.4. The bidder can revoke his bid at any time before the bid closing date. The revocation shall be provided with the date, firm’s stamp and signature. The signature shall be that of an official authorized to bind your firm to a contract.

1.8. ELECTRONIC TRANSMISSION OF INFORMATION AND DATA

1.8.1. NSPA will communicate answers to the requests for clarification and amendments to this RFP to the prospective bidders at aforementioned NSPA Business ePortal.

1.8.2. Prospective bidders are cautioned that incoming e-mail capacity set by NSPA is 20 MB, in case that your file exceeds this limit, you are recommended to compress the file or send it in several parts.

1.8.3. If you encounter problems with the upload of your offer, please contact: [email protected].

1.8.4. All the bidding documents can be downloaded from the NSPA web. However if you encounter difficulties in logging in to this secure web site, you may request to have the bidding documentation sent to you in electronic format. Please use the email address provided at paragraph 1.5.2 for such request.



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1.9. FORM AND CONTENT OF THE BID

1.9.1. Additions and changes to the RFP documents by the bidder are not permitted.

1.9.2. Hard copy and electronic submissions :

1.9.2.1. In electronic submission, a copy of the bid in PDF format shall be submitted, containing the date, firm’s stamp and signature. The signature shall be that of an official authorized to bind your firm to a contract. The technical part shall be separated from the commercial/financial part. Bill of Quantities / Priced Bill of Services shall be submitted in EXCEL and PDF format.

1.9.2.2. In hard copy submission, the bid shall be original, containing the date, firm’s stamp and signature. The signature shall be that of an official authorized to bind your firm to a contract. The technical part shall be separated from the commercial/financial part.

1.9.3. The bid shall be written in the English language.

1.9.4. Modifications to the bid shall be sent in the same form.

1.9.5. The bid shall respond to all requirements contained in this RFP as below:

Cover LetterPart 1: Bidding Instructions and Administrative RequirementsPart 2: Contractual Provisions - Draft ContractPart 3: Technical Requirements - Statements of Work (SOW) incl.

Annexes, Appendices, and AttachmentsExhibit I: BoQExhibit II: Commercial Compliance FormExhibit III: Technical Compliance FormExhibit IV: RFP Response Form Exhibit V: Questions & Answers FormExhibit VI: Instructions for NSPA Contractors Deployed on OperationsPart 4: Notice Board / Changes & Updates to the RFP

1.9.6. The bidder shall include contact emails in his cover letter. The bidder shall name in his offer an employee responsible for and having the appropriate project knowledge and authority to answer possible questions from NSPA. This employee shall speak and write English fluently.

1.9.7. The bid shall include the Exhibits I to IV completed by the bidder and any additional information he deems necessary to submit. However, unnecessarily voluminous pre-printed brochures are not desired. The completed Exhibits can be bound separately but submitted together in one envelope (if Bidders choose to submit their proposal in hard copy).

1.9.8. If the bid contains information which is not to be disclosed to third parties - other than mentioned in para. 1.0.4., or the use is otherwise restricted by the bidder, this information shall be explicitly identified in the bid.

1.9.9. The layout of the bid text shall be clearly readable and be as brief as possible. It shall be clear and complete as regards content. Superfluous wording shall be avoided. The text of the bid shall show references to the RFP stating the corresponding pages or


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paragraphs.

1.9.10. The bidder is responsible for the information in his bid to be unambiguous, conclusive and consistent. Contradictory information may be treated as information defect.

1.9.11. Lack of information can lead to wrong assessments with regard to "Compliance" and consequently to an early rejection of the bid. In cases of doubt "Non-Compliance" is assumed. NSPA is not obliged to compensate for information defects or gaps of the bid by enquiries or clarification requests.

1.9.12. Bids containing incomplete and / or misleading information may be rejected. Bidders are also informed that if such misleading information was determinant in awarding them a Contract, the Contract could be terminated for default at NSPA’s sole discretion.

1.10. TECHNICAL PROPOSAL

The Technical Proposal has to conform to the Technical Compliance Form – Exhibit III, in which the Bidder must address amongst others the Project Management Structure including the sub-contracting plan (if any), the Project Implementation Plan, the Description of Works to be performed (methodology), Past Experience and the products/material used.

1.10.1. PRODUCT ORIGINIn his proposal the bidder shall inform NSPA about the origin of the offered equipment and material, noting that NSPA contracts, the contractor shall not acquire materiel and / or services from sources in countries which are:

Subject to a formal trade embargo observed by NATO. Known to disregard international trade conventions in respect of copyright. Under Communist control.

1.10.2. LEVEL OF SUBCONTRACTINGThe bidder shall inform NSPA about the residence country of his company and the place and country where any subcontractor is resident. Sub-contracting to businesses located in non-NATO countries but not under communist control is limited to 30%, with the exception of the provision of local bulk material. Sub-contracting to sources from non-NATO countries under communist control is not permitted.

1.11. PRICE / CONTRACTUAL PROPOSAL

1.11.1. NSPA Terms and Conditions are defined in Part 2 of the RFP. The Bidder must state the degree of acceptance to such clauses by completing the Commercial Compliance Form -Exhibit II.

1.11.2. The Bidder must fill in all requested pricing information as identified within the BoQ at Exhibit I. A Firm Fixed Price is to be quoted.A payment plan may be requested by NSPA to identify the cash-flow over the period of performance. NSPA reserves the right to assess the Price Proposal “COMMERCIALLY NON-COMPLIANT” in response to receiving an incomplete Price Proposal Sheet.

1.11.3. All prices and rates quoted shall be exclusive of any taxes and duties from which NSPA is exempt pursuant to the provisions of the Ottawa Agreement of 20 September


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1951 and the Agreement between NAMSA and the Government of Luxembourg, dated 19 June 1968, entitled 'Agreement regarding exemption from taxes, duties and rates granted to NAMSO (NATO Maintenance and Supply Organization) by the Luxembourg Authorities.A confirmation that the offers do not include any identifiable taxes and / or duties shall accompany the bid. Should there be any identifiable taxes and / or duties levied on the materials, these shall be quoted separately by the bidder and a clear explanation of why such taxes or duties are applicable should be provided.

1.11.4. Prices may be quoted in the currency of any NSPO member state. However, all the prices must be quoted in the same currency and this currency will be reflected in the resulting contract and used for payments made thereunder.

1.11.5. Comparison of the price quotations will be made in Euro; the exchange rates to be used for the purposes of such price comparison will be the medians between the buying and selling rates of the Brussels “Marché Réglementé” on the first banking day of the week of the bid closing date, as reported by the Banque et Caisse d'Epargne de l'Etat (BCEE), Luxembourg.

1.11.6. NSPA payment terms are 30 days net upon receipt of Contractor’s invoices duly documented as contractually provided for. Consideration (discount) for early payment shall be indicated in your proposal.

1.11.7. NSPA payments will be made to the bank account provided by the Contractor at time of registration to the NSPA source file or to the bank account identified by the Contractor at time of contract award. NSPA will only accept to make payments on an account in a bank located in a NATO Nation.

1.11.8. The Bidder is deemed to have determined his offer on the basis of a complete understanding of the project, and acceptance of the design package provided, and in the full knowledge of the legal and economic conditions prevailing at the site and its vicinity, as applicable to his corporate and individual entity. All items necessary for the satisfactory delivery and acceptance of the project are understood to include, but not limited to, all material, transportation, labor, ancillary materials, haulage, removal of excess material from excavations and construction (including loading, transport to and tipping at an approved off-site dump/tip), scaffolding, temporary shoring, safety measures and making good on completion, and any warranty obligations so as to deliver the finished work.

1.12. DELIVERY SCHEDULE

1.12.1. The project has to be delivered within the timeframe and required delivery dates as stated in the SOW. The required delivery date is stipulated within the SoW to include the complete hand-over and provision of O&M Manuals. The bidder must be prepared to perform shift work up to 24 hours per day, including weekend work and holidays, use expedited deliveries for his supplies, and any other measure that circumstances may impose for the achievement of this target. Full details of the programme are in the respective SOW.

1.12.2. Bidders are not required to offer alternative proposals, but are encouraged to take and describe measures appropriate with the aim of reducing costs. Such measures may for example a different delivery date. NSPA reserves the right to consider and / or accept such alternative proposals.

1.12.3. When preparing their bids, Bidders shall consider that reasonable technical and / or management measures to accelerate construction such as floodlighting for night work


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and such like may be required to meet the delivery schedule.

1.12.4. Should a contract be awarded, NSPA will hold the contractor solely and entirely responsible for the performance of the contract. The fact that NSPA allows the contractor to sub-contract or to call upon a third party for the performance of any part of the contract does not relieve the Contractor from this responsibility.

2. EVALUATION OF THE BID

2.1. GENERAL REQUIREMENTS

2.1.1. Bids, which do not comply with or which do not address all the requirements specified in this RFP, will be treated as incomplete.

2.1.2. During the bid evaluation phase, NSPA reserves the right to request additional information from the bidder, in order to examine the material offered as well as to corroborate statements which the bidder makes in his bid with suitable confirmatory documents.

2.1.3. Between opening of the bids and completion of the evaluation process, NSPA will only enter into discussions with a bidder about his bid to clarify uncertainties in the bid or about the bidder.

2.1.4. Other negotiations, particularly about changes of the bid or prices are not permitted. Incomplete descriptions or incomplete explanations cannot be compensated during the evaluation period by submitting the missing explanations later.

2.1.5. If it is doubtful whether an offer completely or partially fulfils a requirement, non-compliance is assumed. The same refers to incomprehensible, unreadable or otherwise statements which cannot be evaluated.

2.1.6. The documents submitted with the bid applying to the procurement of the project are obligatory and shall become part of the contract.

2.1.7. In the event that the otherwise successful bid exceeds available funding, NSPA reserves the right to release information about budget limitations to the bidders. Said bidders may then be given an opportunity to revise their pricing in accordance with the released budget information.

2.2. BID EVALUATION PROCEDURE

2.2.1. In general, all proposals will be evaluated commercially, financially and technically. However, NSPA reserves the right to apply the “Two-Step-Procedure” in response to unusually high numbers of proposals received.

2.2.2. At the first step, all proposals submitted in response to this RFP will be evaluated for commercial compliance. Bidders will be given the opportunity to correct obvious typing errors within the financial proposal. Bidders will not be given the opportunity to correct omissions within the proposal. NSPA will request clarifications as deemed necessary.

2.2.3. Proposals determined to be “commercially non-compliant” will be disqualified. Bidders will be informed accordingly. There is no possibility for contestation of this decision.


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2.2.4. The lowest priced technically and commercially compliant bid will be identified and recommended for award of contract to the NSPA Contract Award Committee. No award of contract shall be made until approved by an appropriately constituted Contract Award Committee. Bidders should note that alternative solutions are requested to be priced under each work package. These are alternatives and not options. NSPA shall select the alternative(s) to be included in the scope prior to contract award. As multiple alternative solutions are requested to be priced, bid evaluation price shall be calculated by NSPA by selecting either: a combination of the alternatives to be selected by the customer or a combination of the highest priced alternatives.

2.2.5. At the second step, the three lowest priced commercially and financially compliant proposal will be evaluated for technical compliance. If the lowest priced proposal is assessed to be “technically non-compliant” then the bidder may contest this decision within 10 days calendar days from receiving the non-compliance notification. Following receipt of a contestation, a debriefing with the objective of resolving the complaint will be held within a period not exceeding 14 calendar days. If no amicable settlement is reached then the case will be submitted to a NSPA Board of Arbitration. The Board’s decision shall be presented not later than 10 calendar days after the Board’s first meeting. The decision of the Board shall be final and binding and no appeal shall be allowed. If the NSPA Board of Arbitration accepts the contestation and overturns the assessment of “technical non-compliance” then the proposal is assessed “commercially and financially and technically compliant”.

2.2.6. Should all three bids of the “first batch” be disqualified, then the next three bids will be evaluated and so forth.

2.2.7. All bidders will be informed about the reason why the proposal submitted in response to this RFP did not result in a contract award, and the name of the winning bidder, and the value of the winning bid.

2.3. BID EVALUATION CRITERIA

2.3.1. For the evaluation of the bids submitted, the following criteria will be applied for compliance assessment:

The prerequisites listed within the Cover Letter; The bidding instructions and administrative requirements; The commercial compliance requirements; The technical commercial requirements; Realistic Pricing – NSPA reserves the right to perform an analysis to determine whether the offered pricing is a realistic reflection of the objective cost of performance, and/or reflects the necessary level of technical understanding, and/or poses a risk of poor performance resulting in a disqualification of the proposal.

2.3.2. Indicators of an unrealistic low proposal may be the following amongst others:+ labor rates below the average prevailing in the locality;+ material prices below the average prevailing in the locality;+ supplies and services provided at no cost or nominal prices.

2.3.3. In the event that NSPA has reason to believe that the bidder has artificially debased its prices to secure contract award, NSPA will request clarifications to be provided in the necessary detail to assess the applicable consequences. Dumping prices will not be accepted.

If the low pricing is caused by a latent error, NSPA may allow the bidder to withdraw from the competition without enforcing the application of penalties in terms of drawing the bid


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guarantee. If NSPA determines a pricing detail to be obviously erroneous, NSPA may allow the bidder to correct this error.

2.3.4. Partial bids are not allowed.

2.4. PRICE PROPOSAL FORM (i.e. Bill of Quantities - BoQ)

2.4.1. Bidders are invited to submit their price proposal using the form attached as Exhibit I. If the Price Proposal is not forwarded in Excel format, an additional Excel version is required.

2.4.2. This is purely to facilitate the task of checking that the bidder’s calculations are in fact correct.

2.4.3. The Bidder may request an Advance Payment in response to adequate consideration in the form of a discount of at least 1% for each invoice submitted. An Advance Payment Bond issued by a primary bank acceptable to NSPA or adequate security acceptable to NSPA is required before advance payment. Advance Payments will be liquidated from payments due to the Contractor incident to his performance. This would be in addition to an early payment discount.

2.5. COMPLIANCE FORMS

2.5.1. GENERAL INSTRUCTIONSThe Commercial Compliance Form and Technical Compliance Form attached as Exhibits II and III are designed to ease the evaluation process and serve as a first indicator whether the proposal submitted meets the requirements defined at Part 1 to 3 of this RFP. Completion of the Commercial Compliance and Technical Compliance Forms is a prerequisite for a bid to be further considered.

2.5.2. COMMERCIAL COMPLIANCE FORM – EXHIBIT 2In the Commercial Compliance Form the bidder states his acceptance of the terms and conditions of the contract, resulting from this RFP. The terms and conditions of the contract are contained in Part 2 of this RFP.

2.5.3. TECHNICAL COMPLIANCE FORM – EXHIBIT 3The Technical Compliance Form outlines the general technical requirements the bidder has to meet. It complements the minimum technical requirements outlined at Part 3 of this RFP. Completion of the Technical Proposal Form is a prerequisite for a bid to be further considered.

3. CONTRACT AWARD

NSPA will award the resulting contract to the bidder having submitted the lowest priced commercially and technically compliant proposal. Contractual documentation issued by NSPA must be returned signed within 72 hours of receipt. Failure of signing it may result in forfeiture of award.

NSPA also reserves the right to conduct a survey of your technical and facility capabilities, should NSPA deem necessary. A pre-award survey is normally performed for higher value contracts.


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As part of performing due diligence before contract award, NSPA reserves the right to perform a risk analysis to ensure that NSPA has full and proper confidence that any proposed awardee is able to perform all the requirements of the project, as specified, in complete compliance with the contract.

4. BALANCING OF PRODUCTION

Not applicable

5. BID BOND

5.1.1. Together with their bid, Bidders have to submit a Bid Bond issued by a bank of quality acceptable to NSPA for a value of 10% (ten percent) of the total bid price.

5.1.2. The Bond shall be forfeited to NSPA in case the Bidder will not comply with the provisions of the RFP. The bond shall be valid for the entire validity period of the Bidder’s offer. NSPA reserves the right to request an extension of the validity period of the Bid Bond.

5.1.3. A template of the Bid Bond with the required wording is attached as Annex B to this document.

5.1.4. The original hard copy Bid Bond must be mailed to the following address directly prior to bid closing date:

NATO SUPPORT AND PROCUREMENT AGENCY (NSPA)Procurement Division, Attn.: PP–AARFP Collective Number YLA200001L – 8302 CAPELLENGrand Duchy of Luxembourg

5.1.5. Failure to submit a Bid Bond as required shall result in commercial non-compliance.

6. PERFORMANCE BOND

6.1.1. If your company is selected for contract award, NSPA will request a Performance Bond issued by a bank of quality acceptable to NSPA, for 10% (ten percent) of the awarded contract value for the entire duration of performance. Award of contract will be subject to the provision of said bond to NSPA within 7 (Seven) calendar days after contract award.

6.1.2. The Bond shall be forfeited to NSPA in case the bidder will not comply with the provisions of the contract. The bond shall be valid for the entire duration of performance and has to be automatically extended for additional periods of 3 (Three) months unless otherwise instructed by NSPA.

6.1.3. The value of the Performance Bond may be successively reduced after 3 (three) months of performance, based on the actual work performed. The assessment of the level of works performed rests solely with the NSPA Procurement Officer and will not be subject to any dispute.

6.1.4. A template of a Performance Bond with the required wording is attached as Annex C to this document.


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6.1.5. As part of his proposal the bidder shall submit a statement from a primary bank acceptable to NSPA stating that the bank is prepared to issue to NSPA within 7 (Seven) calendar days after contract award a Performance Bond as attached at Annex C to this document if a contract is awarded to the Bidder.

7. WARRANTY BOND

7.1.1. Following final acceptance of the deliverable(s), NSPA will request a Warranty Bond issued by a primary bank acceptable to NSPA, for 10 % (ten percent) of the total contract value for the duration of 2 years after signature of the final acceptance certificate by NSPA. Return of the Performance Bond will be subject to the provision of said bond to NSPA. A template of a Warranty Bond with the required wording is attached as Annex D to this document.

8. NOTIFICATION OF UNSUCCESSFUL BIDDERS

If your proposal did not result in an award, you will be informed as soon as the award decision has been made. Upon receipt of the notification, if the value of your proposal exceeds EUR 320,000.-, you may request additional general information from the NSPA Point of Contact indicated in this RFP, as to the reasons why your company failed to win the competition.Your company’s name will remain in the NSPA Source File and will be considered for invitation for any future competitions in this field.

9. PUBLICATION OF CONTRACT AWARDS

In accordance with the Procurement Operating Instruction, NSPA periodically publishes high value contracts (except classified ones), indicating the contractor’s name and country, as well as the purpose, total amount and issue date of the contract.

This information is to be found on the NSPA website under http://www.nspa.nato.int/en/organization/procurement/contract.htm


http://www.nspa.nato.int/en/organization/procurement/contract.htm

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Annex A to Part 1 - Electronic Transmission of Information and Data

NSPA gives you the opportunity to submit your offer electronically via a secure protocol (https) into the NSPA system, connect at www.natolog.com. Once the upload is finished, a delivery status will be returned to the given email address. To use this option, the Browser must be Microsoft Internet Explorer version 6 with JavaScript and cookie enabled.

Step by step process:

1. File preparation:

1.1. Name the files of your offer starting with consecutive numbers plus a title following the same structure of a hard copy document. For instance:

1_Cover_letter2_Commercial Proposal3_Technical_Proposaletc.

1.2. Additional file(s) can be provided if so considered. In this way, if your offer needs to be printed by NSPA, a hard copy can easily be generated.

1.3. Zip all your offer files through a zip program (at least the three files mentioned above). If you have no zip program, this can be downloaded from http://www.winzip.com.

1.4. Name the zip file as YLA200001– Company Name – File 1 of 1.zip

1.5. An offer should not exceed a size of 50 MB, therefore only one zip file should be sufficient in the submission. However, if the size of your proposal is bigger than 50 MB, the files should be split into various zipped files in which none exceeds 50 MB. Sequential names should be provided, such as YLA200001 – Company Name – File 1 of 3.zip and so on.

2. File upload:

2.1. Connect to the NSPA Business ePortal under https://eportal.nspa.nato.int/public/eportal.aspx , click «eProcurement», click «Requests for Proposal», and go to the applicable RFP.

2.2. Click on «eBid».

2.3. Once in the next screen, with the Browse option look for the zipped file that you want to upload and select it. Please note: only one file per upload.

2.4. Click on the button «Upload File» and a text appears “Uploading…” and wait until the upload is finished. Several minutes may be needed.

2.5. If the file is successfully uploaded, the uploaded file is shown in the screen.

2.6. Repeat the process if your zipped offer is bigger than 50 MB as many time as required, providing sequential number to your files: 1 of 2, 2 of 2, etc.

If you encounter problems with the upload of your offer, please contact: [email protected].



https://eportal.nspa.nato.int/public/eportal.aspx

http://www.winzip.com/

http://www.natolog.com/

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Annex B to Part 1

BID BOND TEMPLATE

BID BOND

Subject of Bond:

NSPA RFP No.: YLA200001

Bid Bond No.:< To Be Completed by the bidder >

Our bank < name and contact details To Be Completed by the Bidder > will stand surety for

the Bid Bond in the amount of < currency and amount To Be Completed by the Bidder >,

which < Bidder’s name and contact details To Be Completed by the Bidder > hereafter

referred to as “the Bidder”, has to submit to the NATO Support and Procurement Agency

hereafter referred to as “NSPA” in order that the Bidder’s proposal in response to above

mentioned Request For Proposal (RFP) ………………………….. will qualify to be considered for

bid evaluation and therewith comply with the provisions laid down in the RFP with Collective

number YLA200001.

With this Bid Bond we undertake for and on behalf of this bank of which we are responsible

officials and authorized signatories, to pay to NSPA or to their order, immediately and without

extension, upon the first written demand in form and substance as set forth below of the NSPA

Procurement Officer identified in the RFP or his duly appointed successor, the amount

guaranteed above without it being necessary to register a protest or obtain a court order or the

consent of the Bidder and regardless of legal consequences of any dispute between NSPA and

the Bidder, if the Bidder has not fulfilled, in whole, or in part, its undertaking in accordance with

the provisions of the RFP. The determination of the Bidder’s non-fulfillment will rest solely with

the NSPA Procurement Officer.


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Form and substance of NSPA’s request for payment:

1. The undersigned is the NSPA Contracting Officer or his duly appointed successor as stated in the Bid Bond No.: < TBD >

2. The bidder has failed to perform under the terms and conditions of NSPA RFP No.: YLA200001

3. Therefore your bank is requested pay to NSPA immediately and without extension the amount guaranteed under Bid Bond No.: < TBD > to the following NSPA Bank Account No.: < TBD >

Dated: __________, 201__

NATO SUPPORT AND PROCUREMENT AGENCY (NSPA)Procurement DivisionL – 8302 CapellenLUXEMBOURG

By: ______________________

Printed Name: ______________________

Title: ______________________

This Bid Bond is irrevocable and will be valid for the entire validity period of the Bidder’s

proposal made to NSPA, including any extension period. We accept that the obligation to inform

us on any bid validity extension will rest with the Bidder.

This Bid Bond expires in full and automatically, should your written request for payment or

telex / SWIFT not be in our possession at our above address on or before the expiration date,

regardless of such date being a banking day or not.

This guarantee is governed by < TBD > law. Place of jurisdiction and performance is < TBD >.

The Bid Bond will be returned by NSPA at the time of expiration of the Bid Bond.

________________________________ ______________________________Signature of the responsible Signature of the responsibleBank Officials Bank Officials

________________________________ _______________________________Typed name & function Typed name & function


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ANNEX C to Part 1

PERFORMANCE BOND TEMPLATE

PERFORMANCE BOND

Subject of Bond:

NSPA Contract / Purchase Order No.: < TBD >

Performance Bond No.:< TBD >

Our bank < name and contact details TBD > will stand surety for the Performance Bond in the

amount of < currency and amount TBD >, which < contractor’s name and contact details TBD > hereafter referred to as “the Contractor”, has to submit to the NATO Support and

Procurement Agency hereafter referred to as “NSPA” in order that above mentioned contract /

purchase order < TBD >.can be awarded and therewith comply with the provisions laid down in

the Request for Proposal (RFP) ……………………………. with Collective number YLA200001.

With this Performance Bond we undertake for and on behalf of this bank of which we are

responsible officials and authorized signatories, to pay to NSPA or to their order, immediately

and without extension, upon the first written demand in form and substance as set forth below of

the NSPA Procurement Officer identified in the contract or his duly appointed successor, the

amount guaranteed above without it being necessary to register a protest or obtain a court order

or the consent of the Contractor and regardless of legal consequences of any dispute between

NSPA and the Contractor, if the Contractor has not fulfilled, in whole, or in part, its undertaking

in accordance with the provisions of the contract. The determination of the Contractor’s non-

fulfillment will rest solely with the NSPA Procurement Officer.


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1. The undersigned is the NSPA Procurement Officer or his duly appointed successor as stated in the Performance Bond No.: < TBD >

2. The contractor has failed to perform under the terms and conditions of NSPA Contract / Purchase Order No.: < TBD >

3. Therefore your bank is requested pay to NSPA immediately and without extension the amount guaranteed under Performance Bond No.: < TBD > to the following NSPA Bank Account No.: < TBD >

Dated: __________, 201__


By: ______________________

Printed Name: ______________________

Title: ______________________

This Performance Bond is irrevocable and will be valid for an initial period of < TBD > months

from the date of issuance. It will be automatically extended for additional periods of 3 (Three)

months unless our bank receives instruction to the contrary from NSPA.

This Performance Bond expires in full and automatically, should your written request for

payment or telex / SWIFT not be in our possession at our above address on or before the

expiration date, regardless of such date being a banking day or not.

This guarantee is governed by < TBD > law. Place of jurisdiction and performance is

< TBD >.

The Performance Bond will be returned by NSPA at the time of expiration of the Performance

Bond.

________________________________ ________________________________

Signature of the responsible Signature of the responsibleBank Officials Bank Officials



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ANNEX D to Part 1

WARRANTY BOND TEMPLATE

WARRANTY BOND

Subject of Bond:

NSPA Contract / Purchase Order No.: < TBD >

Warranty Bond No.:< TBD >

Our bank < name and contact details TBD > will stand surety for the Warranty Bond in the

amount of < currency and amount TBD >, which < contractor’s name and contact details TBD > hereafter referred to as “the Contractor”, has to submit to the NATO Support and

Procurement Agency hereafter referred to as “NSPA” in order that above mentioned contract /

purchase order < TBD >.can be awarded and therewith comply with the provisions laid down in

NSPA’s Contract / Purchase Order No < TBD >.

With this Warranty Bond we herewith guarantee to undertake for and on behalf of this bank of

which we are responsible officials and authorized signatories, to pay to NSPA or to their order,

immediately and without extension, upon the first written demand in form and substance as set

forth below of the NSPA Procurement Officer identified in the contract or his duly appointed

successor, the amount guaranteed above without it being necessary to register a protest or

obtain a court order or the consent of the Contractor and regardless of legal consequences of

any dispute between NSPA and the Contractor, if the Contractor has not fulfilled, in whole, or in

part, its undertaking in accordance with the warranty provisions of the contract. The

determination of the Contractor’s non-fulfillment will rest solely with the NSPA Procurement

Officer.


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1. The undersigned is the NSPA Contracting Officer or his duly appointed successor as stated in the Warranty Bond No.: < TBD >

2. The contractor has failed to perform under the terms and conditions of NSPA Contract / Purchase Order No.: < TBD >

3. Therefore your bank is requested pay to NSPA immediately and without extension the amount guaranteed under Warranty Bond No.: < TBD > to the following NSPA Bank Account No.: < TBD >

Dated: __________, 201__


By: ______________________

Printed Name: ______________________

Title: ______________________

This Warranty Bond is irrevocable and will be valid for an initial period of 24 months from the

date of issuance.

It will be automatically extended for additional periods of 3 (three) months unless our bank

receives instruction to the contrary from NSPA.

This Warranty Bond expires in full and automatically, should your written request for payment or

telex / SWIFT not be in our possession at our above address on or before the expiration date,

regardless of such date being a banking day or not.

This guarantee is governed by <TBD> law, place of jurisdiction and performance is <TBD>.

The Warranty Bond will be returned by NSPA after <TBD> years unless further extended as

detailed above.

________________________________ ______________________________Signature of the responsible Signature of the responsibleBank Officials Bank Officials



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ANNEX E to Part 1

ADVANCE PAYMENT GUARANTEE TEMPLATE

ADVANCE PAYMENT GUARANTEE No <TBD>

The NATO Support and Procurement Agency (NSPA), Rue de la Gare, L – 8302 Capellen, G. D. of Luxembourg

Has awarded Contract / Purchase Order No < TBD >.

for the provision of

to <name and contact details of the Contractor TBD>.

In accordance with Contract / Purchase Order No < TBD > an advance payment amounting to < currency and amount TBD >, in words, < currency and amount TBD > has to be issued by

NSPA to <name and contact details of the Contractor TBD>, against receipt of an Advance

Payment Guarantee.

This being premised, our bank < name and contact details TBD > will stand surety for the

Advance Payment Guarantee in the amount of up to < currency and amount TBD >.

With this Advance Payment Guarantee we herewith undertake for and on behalf of this bank of

which we are responsible officials and authorized signatories, to pay to NSPA or to their order,

immediately and without extension, upon the first written demand in form and substance as set

forth below of the NSPA Procurement Officer identified in the contract or his duly appointed

successor, the amount guaranteed above without it being necessary to register a protest or

obtain a court order or the consent of the Contractor and regardless of legal consequences of

any dispute between NSPA and the Contractor, if the Contractor has not fulfilled, in whole, or in

part, its undertaking in accordance with the provisions of the contract. The determination of the

Contractor's non-fulfillment will rest solely with the NSPA Procurement Officer.


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Form and substance of NSPA's request for payment:

1. The undersigned is the NSPA Procurement Officer or his duly appointed

successor as stated in the Advance Payment Guarantee No.: < TBD >2. The Contractor has failed to perform under the terms and conditions of NSPA

Contract / Purchase Order No.: < TBD >3. Therefore your company is requested to pay to NSPA immediately and without

extension the amount guaranteed under Advance Payment Guarantee No.: < TBD > to the following NSPA Bank Account No.: < TBD >

Dated: __________, 20__

NATO SUPPORT AND PROCUREMENT AGENCY (NSPA)

Procurement Division

L – 8302 Capellen

LUXEMBOURG

By: ______________________

Printed Name: ______________________

Title: ______________________

This Advance Payment Guarantee is irrevocable and will be valid for an initial period of < TBD > months from the date of issuance. It will be automatically extended for additional periods of 3

(three) months unless our bank receives instruction to the contrary from NSPA.

This Advance Payment Guarantee expires in full and automatically, should your written request

for payment or telex / SWIFT not be in our possession at our above address on or / before the

expiration date, regardless of such date being a banking day or not.

This guarantee is governed by < TBD > law. Place of jurisdiction and performance is

< TBD >.


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The Advance Payment Guarantee will be returned by NSPA at the time of expiration of the Guarantee.

________________________________ ________________________________

Signature of the responsible Signature of the responsibleBank Officials Bank Officials



Documents

eportal.nspa.nato.int · Web viewThe NATO Support and Procurement Agency (hereafter referred to as NSPA) reserves the right to announce changes to the RFP not later than 4 calendar