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Ept 10079

This cover letter template provides instructions for submitting a proposal in response to an ESA invitation to tender. It includes sections for identifying the tendering company and any subcontractors, certifying that entity registration information has been updated, stating the firm fixed price, and identifying primary contacts. The letter also certifies that the proposal complies with the tender requirements, accepts the contract terms, and acknowledges the personal data protection annex.

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0% found this document useful (0 votes)
247 views19 pages

Ept 10079

This cover letter template provides instructions for submitting a proposal in response to an ESA invitation to tender. It includes sections for identifying the tendering company and any subcontractors, certifying that entity registration information has been updated, stating the firm fixed price, and identifying primary contacts. The letter also certifies that the proposal complies with the tender requirements, accepts the contract terms, and acknowledges the personal data protection annex.

Uploaded by

Cesar Vasques
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Appendix 4 to

ESA AO/1-10079/20/NL/KML
Proposal Template
Page 1
__________________________________________________________________________________

ESA TENDERING STANDARDS FOR


“EXPRESS PROCUREMENT” (“EXPRO” & “EXPRO+”)

COVER LETTER and PROPOSAL TEMPLATE v7.7


[N.B. Use this template to prepare your proposal. Once the proposal is
complete and internally validated, please remove all captions in red colour,
delete all ESA headers/footers, add your own logos, headers/footers prior to
finalising your proposal for submission to ESA. The proposal shall be
submitted in a searchable and indexed PDF file for easier viewing.
When submitting to “esa-star” system, separate this template according to the
required proposal elements and upload these individual elements
accordingly]

[COVER LETTER TEMPLATE]

From: .......... (Tenderer to insert name of the company/institute submitting the


tender)

Date: .......... (Tenderer to fill in the date of the proposal)

To: EUROPEAN SPACE AGENCY (ESA)


The European Space Research and Technology Centre (ESTEC),
Keplerlaan 1,
2201 AZ Noordwijk,
The Netherlands
Att.: Ms Karine Magne-Lie (IPL-PTM)

Subject: ESA AO/1-10079/20/NL/KML - Assessment of reliability of 4D printing


materials due to ground/space environmental effects.

Category: ESA Express Procurement Plus – EXPRO+


Our ref.: Proposal No. ......... (Tenderer to insert its proposal reference number)
_______________________________________________________________

Dear Sir/Madam,

With reference to the above Invitation to Tender (ITT), we are pleased to present this
proposal:

1. The Tenderer (potential Contractor) is:


.... (full name of company or institute)
.... (address of its seat)
Fax number: .......
Telephone: ........
Appendix 4 to
ESA AO/1-10079/20/NL/KML
Proposal Template
Page 2
__________________________________________________________________________________

Nationality (according to ESA Convention’s criteria): ........


VAT Number: …….
ESA Entity Code: 1 000 xxx xxx
(If not registered yet, it should be stated: “not registered yet, registration request
made on … (date)”)

2. The Sub-contractor(s) participating to the activity is (are):


Please fill in the tables below

Tendering team and price breakdown information:


Contractor Sub-contractor Sub-contractor
1 2
Economic Operator Complete Name
and Legal Nature (1)
SME (indicate YES or NO)
Large Space Integrator (indicate YES
or NO) (2)
ESA Entity Code (10000xxxxx) (3)
ESA Business Unit Code (80000xxxxx)
Country (ISO Code)
Price Type
Currency
Total Price per Entity
TOTAL PRICE

Geographical distribution within tendering team


(for Tenderer and Sub-contractors only, not for suppliers):

Country Percentage of total amount %


(2-letter ISO code)
country 1 xx %
country 2 xx %
country 3 xx %

3. We hereby certify that the information provided to ESA for entity registration
(individually for all entities involved in the tender) has been updated in the last twelve
(12) months.

1
Specify here the type of business entity to which the company belongs (e.g Limited Company, Société Anonyme, AG etc).
2 According to registration with the Agency.
3 The ESA Entity Code corresponds to the esa-p Vendor Code.
Appendix 4 to
ESA AO/1-10079/20/NL/KML
Proposal Template
Page 3
__________________________________________________________________________________

4. Our Firm Fixed Price for the activity in accordance with the funding conditions stated
in the ITT, amounts to: ……... (………..) EUR (insert the amount of the total price) all
included with the sole exception of any import duties and value added taxes in the
Agency’s Member States. (In case of proposal including sub-contract(s), an additional
price information is to be stated in section 2: a summary price breakdown showing
the amount allocated individually to each of the participants, including the own share
of the Tenderer).

5. The contact person of the Tenderer to whom all communications relating to this letter
should be addressed is the following: ...... (name of contact person(s) as well as fax
number, telephone number, e-mail address – it being understood that two (2) contact
persons, one technical and one legal/commercial, might be advantageous. Please fill
in as needed.)
a) for technical matters as follows:
To: With copy to:
Name
Telephone No.
Fax No.
e-mail address

b) for contractual and administrative matters as follows:


To: With copy to:
Name
Telephone No.
Fax No.
e-mail address

c) for Personal Data Protection matters to be addressed to the Data Protection


contact point as follows:

To:
Name
Telephone No.
Fax No.
e-mail address
Mail Address

Concerning the persons who would be responsible on the Contractor’s side for all
communications concerning the technical and contractual management in case of
contract award, their names and contact information (including fax number, telephone
numbers, e-mail addresses) can be found in section 4 of our Detailed Proposal. (see
instruction under section 4.2 of the Detailed Proposal Template below)
Appendix 4 to
ESA AO/1-10079/20/NL/KML
Proposal Template
Page 4
__________________________________________________________________________________

6. Regarding the technical and management contents of this Proposal, we hereby certify
that this tender fully complies with the technical and management requirements of the
subject ITT, including the latter’s Statement of Work and all other Appendices and/or
Annexes, except. …….. (Depending on whether or not any deviations are put forward,
the word “except..” is either to introduce text explicitly identifying any reservation(s)
and/or non-conformance(s) in explicit reference to the requirements concerned, or, if
there is no reservation or non-conformance, the word “except..” must be deleted. The
justification regarding each single deviation and the conditions, if any, for them being
withdrawn are to be described in the Detailed Proposal Template section 1.5 (Technical
Compliance Matrix) and section 2.4 (Management and Administrative Compliance
Matrix).

In addition, the technical contents of this Proposal are free from any plagiarism. When
use is made of material being quotations or citations from existing public literature such
use is clearly indicated and due reference indications (source and author) are provided.

7. We hereby state that we have read and understood all the terms and conditions of the
Draft Contract included in the subject ITT and that we accept the said terms and
conditions without any reservations.
We also confirm that any sales conditions of our own shall not apply.
(Full and unconditional compliance is expected. However, you are invited to propose,
under section 4.2 of the Detailed Proposal Template, how to complete the parts of the
Draft Contract which are left blank. Any other remarks regarding the Draft Contract’s
terms and conditions shall be strictly limited to drawing the Agency’s attention to
objectively manifest (typing) errors or contradictions in the contractual text. Any
other request or proposal to modify the Draft Contract may result in your proposal
being marked down under Evaluation Criterion 5. Furthermore, the Agency reserves
the right to disregard remarks, proposals or requests regarding the Draft Contract
which it considers as being irrelevant).

We hereby explicitly state that we have read, understood and accepted the Personal
Data “Controller to Controller” (PDCC) Annex to the Draft Contract.
(This Annex forms an integrated part of the Contract and the Tenderer’s attention is
drawn to the fact that it will not be subject of separate signatures. Should the tender
lead to a Contract award, the PDCC Annex will enter into force upon signature of the
Contract by both Parties.)

8. (One of the 2 following alternative statements, i.e. a) or b), is to be deleted)


a) With reference to Article 6.3.2 of the Draft Contract, we have identified Background
Intellectual Property Rights belonging to us and/or our Sub-contractor(s) and/or
Third Party(ies) that we intend to use during the execution of the envisaged Contract
and/or to include in the resulting deliverable items; such rights are listed in our
Detailed Proposal.
We are prepared to provide evidence of such rights, their origin and ownership if so
required by the Agency.
(If this concerns rights vesting in a Third Party(ies), the following sentence shall be
added here: “Relevant documentation on such rights owned by Third Party(ies) is
attached to our Detailed Proposal Template, as part of Supporting
Documentation.”)
Appendix 4 to
ESA AO/1-10079/20/NL/KML
Proposal Template
Page 5
__________________________________________________________________________________

or
b) With reference to Article 6.3.2 of the Draft Contract, we hereby declare that we and
our Sub-contractor(s) shall not/do not intend to use for the activity to be carried out
under the envisaged Contract, any Background Intellectual Property Rights, whether
belonging to Third Parties or to us and/or to our Sub-contractor(s).

9. (One of the 2 following alternative statements 9.a) and 9.b) is to be deleted)


9. a) Concerning the feasibility to export the deliverable items of the resulting Contract as
that is foreseen in the Draft Contract including its Appendices, we hereby declare that
we have examined the case and drawn the conclusion that there are no export
restriction issues and thus no need to obtain specific licences or authorisations.
or

9. b) Concerning the feasibility to export the deliverable items of the resulting Contract as
that is foreseen in the Draft Contract including its Appendices, we hereby declare that
we have examined the case and drawn the conclusion that export restrictions and/or
need of adequate licences or authorisations exist, and that the status regarding such
requirements is at present the following:
- the Tenderer and/or (option) its Sub-contractor ?… (name) has obtained the
following authorisation(s) in order to submit this tender: ?………. (to specify)

and/or (option)

- the Tenderer and/or (option) its Sub-contractor ?…. (name) will need to obtain
prior to the placing of a Contract, the following authorisation(s): ? …… (to specify)

10. In regard to the required statements concerning free competition, we hereby certify
that:
a) the prices in this proposal have been arrived at independently without consultation,
communication or agreement for the purpose of restricting competition;
b) unless otherwise required by law, the prices quoted in this tender have not
knowingly been disclosed, directly or indirectly, to any other Tenderer or
competitor and likewise, will not be disclosed until we have been informed of the
results of the ITT;
c) no attempt has been made or will be made to induce any other Tenderer or
competitor to submit or abstain from submitting a tender, for the purpose of
restricting competition;
d) no exclusive teaming arrangement with Third Party(ies) has been made which
would restrict competition due to any of the following reasons:
 where the teaming partner could be considered to be a single source due to
technical reasons or other considerations such as legal or geographical (e.g. an
extremely limited number of potential participants as a consequence of industrial
return requirements),
 where the industrial category of the teaming partner restricts other choices for
industrial policy reasons; for instance when the fact of being an SME is very
important and there are few potential participants in this category.
(In case of doubt about such qualification of “sole source” with regard to an
envisaged Sub-contractor expected to sign an exclusivity pre-agreement with the
Tenderer, the latter has to refer the point prior to the tender closing date, in writing
Appendix 4 to
ESA AO/1-10079/20/NL/KML
Proposal Template
Page 6
__________________________________________________________________________________

to the Agency’s Contracts Officer in charge of the ITT, for prompt examination and
decision)

11. The legal representative to sign the resulting Contract on behalf of the Contractor will
be: ..... (name and title of the person)

12. The proposal is valid during the following time period, reckoning from the closing date
for tender submission: ...... months (to insert a number compatible with the Agency’s
ITT Cover Letter)

13. We hereby acknowledge the right of the Agency during the validity period of this
Proposal, to require the Tenderer to provide evidence of any element of its Proposal and
to give additional detailed information, including on the price quotation, whatever the
type of price is. This includes the right for the Agency to perform an audit if the Agency
deems it appropriate.

14. By submitting the Proposal, I/we the undersigned herewith officially declare that the
Proposal fulfils the Key Acceptance Factors, as indicated in section 3 of the subject ITT
Cover Letter and in the dedicated section of the “esa-star” system.

Done and signed for, and on behalf of ..................... (Name of the company or institute
acting as the Tenderer):

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

Name and title of the signatory: ........................ (Full name and function) duly authorised
to commit the Tenderer and its proposed Sub-contractor(s) if any, for this purpose.

[END COVER LETTER TEMPLATE]


Appendix 4 to
ESA AO/1-10079/20/NL/KML
Proposal Template
Page 7
__________________________________________________________________________________

[DETAILED PROPOSAL TEMPLATE]

DETAILED PROPOSAL:

1) TECHNICAL PART

1.1 TECHNICAL REQUIREMENTS AND OBJECTIVES:

1.1.1 Concise functional analysis of the technical requirements

1.1.1.1 Proposed consolidation of the ITT requirements


……………

1.1.1.2 Suggested modifications to the ITT requirements


……………

1.1.2 Understanding of the main technical objectives of the ITT


……………

1.1.3 Proposed approach to reach the main technical objectives of the ITT
……………

1.1.4 First Iteration of Task 1 in line with the Statement of Work


……………

1.1.5 First Iteration of Task 2 in line with the Statement of Work including
a test concept description.
……………

NOTE: The bidder attention is drawn to the fact that the constituent
materials should be preferably sourced within the EU. However, if sourced
outside the EU it shall be declared and duly justified to the Agency and free
of any non-EU export restrictions (e.g. ITAR).
Appendix 4 to
ESA AO/1-10079/20/NL/KML
Proposal Template
Page 8
__________________________________________________________________________________

1.1 POTENTIAL PROBLEM AREAS:

1.1.1 Identification of the main problem(s) or problem area(s) likely to be encountered


in performing the activity
……………

1.1.2 Proposed solutions to the problems identified


……………

1.1.3 Proposed trade-off analyses and identification of possible limitations or non-


compliances
……………

1.2 TECHNICAL IMPLEMENTATION/PROGRAMME OF WORK

1.2.1 Proposed Work Logic


[In the form of a flow chart with networks and critical path]

……………

1.2.2 Contents of the proposed work

1.2.2.1 Work Breakdown Structure (WBS)


[For the total scope of the activity; clearly showing each foreseen
Work Package (WP) with its title and the name of the responsible
company/institute]

……………

1.2.2.2 Work Package Description (WPD)


[For each WP already shown in the WBS: WP Title, Name of
responsible company/institute, Name of the WP Manager, Input
required to start the work under the WP, Output expected and a
description of the tasks included in the WP. Please use the Agency’s
PSS-A20 form or an equivalent template, available at
http://emits.sso.esa.int/ under Reference Documentation /
Administrative Documents / PSS Forms / Issue 5.]

……………
Appendix 4 to
ESA AO/1-10079/20/NL/KML
Proposal Template
Page 9
__________________________________________________________________________________

1.3 BACKGROUND:

1.3.1 Existing own concepts/products relevant to the activity and/or to be used

……………

1.3.2 Third Party’s concepts/products relevant to the activity and/or to be used


[e.g. Sub-contractors’ products or any other commercial product.
The use of any Third Party Product for the development of the Deliverables
under the resulting Contract needs the explicit prior written approval by the
Agency.
It shall be the obligation of the Tenderer to verify and confirm in writing to the
Agency that the licence, under which a Third Party Product shall be licensed to
the Agency, grants the Agency at least the same, but non-exclusive perpetual
usage, distribution and exploitation rights.
If the Tenderer is allowed to do so, the Tenderer shall provide and license, based
on a separate licence agreement with the Agency, to the Agency a complete
copy on a physical media of the original Third Party Product]

……………

1.3.3 Other technical achievements relevant to the activity and/or to be used


[Should any of the above elements be subject to Intellectual Property Rights,
these are to be identified in section 4 hereinafter (Contract Conditions Part),
with their status at the time of the foreseen execution of the proposed activity]

……………

1.3.4 Background of the company(ies)


[Briefly describe relevant experience for the Contractor and Sub-contractor(s),
if any, for the performance of such a work]

……………

The Tenderer shall demonstrate an extensive experience in 4D


printing.

……………
Appendix 4 to
ESA AO/1-10079/20/NL/KML
Proposal Template
Page 10
__________________________________________________________________________________

1.5. TECHNICAL RESERVATIONS – TECHNICAL COMPLIANCE:

1.5.1 Reservations

……………

1.5.2 Technical Compliance Matrix (Statement of Work/Technical Requirements)

REQUIREMENT (*) COMPLIANT REMARKS (***)


(Y/N/P) (**)
R01
R02
R….

[This section is applicable to the technical requirements applicable to the ITT


(including SoW: task sequence, work logic, etc.). Any partial- or non-compliance
should be summarised under point 6 of the Cover Letter Template.

(*) Please refer to the specific part of the SoW (e.g. page, section, etc.) or the
single requirement identifier;
(**) Please state your compliance (Y), non-compliance (N) or partial compliance
(P) with respect to each requirement;
(***) Any relevant remarks and, for partial compliance cases (P), an
explanation/justification]
Appendix 4 to
ESA AO/1-10079/20/NL/KML
Proposal Template
Page 11
__________________________________________________________________________________

2) MANAGEMENT, ADMINISTRATIVE AND IMPLEMENTATION PART

2.1 TEAM ORGANISATION AND PERSONNEL

2.1.1 Proposed team

2.1.1.1 Overall team composition, Key Personnel


[Please describe the overall team composition, including participants
from all Sub-contractors, if any, and including all key (i.e. having a major
role within the team and/or being responsible for one or more WPs, see
note under 1.3.2.2) and non-key personnel.]

NOTE: A “Key Person” is a person, who substantially


contributes, in terms of effort and knowledge, to the work
carried out under a Contract and who is explicitly nominated
to perform such duties. Key Persons are individuals with a
certain degree of seniority whose knowledge, reputation,
and/or skills in the relevant areas or disciplines are critical to
achieving the objectives of the Contract.]

……………

2.1.1.2 Reporting lines within the team

……………

2.1.1.3 Position of each of the team members within his/her own company’s (or
institute’s) structure

……………

2.1.1.4 Time dedication of Key Personnel


[Identify the proposed Key Personnel and, for each Key Personnel
identified in section 2.1.1.1 above, provide a summary of the hours
dedicated to each WP as well as their Time Dedication (i.e. the percentage
of their total working time to be dedicated to the envisaged Contract, in
average over its total duration and relative to the single WPs on which
they are to work)]
……………
Appendix 4 to
ESA AO/1-10079/20/NL/KML
Proposal Template
Page 12
__________________________________________________________________________________

2.1.2 Curricula Vitae


[Concise CVs including relevant information for all Key Personnel]

……………

2.1.3 Rationale of the proposed industrial organisation


[Optional: in case of Sub-contractor(s), the reasons for your choice]

……………

2.2 PLANNING

2.2.1 Proposed schedule and milestones


[Synthetic summary of duration, planning assumptions (e.g. envisaged starting
date, holidays, etc.), meetings/videoconferences and major technical
milestones]

……………

2.2.2 Bar chart


[Insert a bar chart schedule for the proposed activity, covering from the start of
the activity until the end of the Contract and where all proposed Work Packages
(WP), meetings, milestones, etc. can be traced, also indicating (e.g. via colour
code) the entity that is in charge of a given WP. The Bar Chart shall be provided
in a readable (landscape) format.]

……………

2.3 LIST OF DELIVERABLE ITEMS – SPECIFICATION OF ANY NON-CONFORMANCE

2.3.1 Deliverable Items


[State your acceptance to deliver all required items as per the Statement of Work
(usually in the form of a “Deliverable Items List” (DIL)) and in the Draft
Contract (Article 2) included in the ITT (as Appendices 1 and 2, respectively)]

……………

2.3.2 Non-conformances/limitations/additions regarding deliverable items


[In case you propose any limitation(s) or even any deletion(s) when compared
with the ITT requirements on deliveries, specify it in this section by providing a
complete and comprehensive list of such differences, by stating the reason(s)
associated with the proposed limitation(s) or deletion(s). If you envisage
addition(s), specify any additional deliverable(s) proposed]

……………
Appendix 4 to
ESA AO/1-10079/20/NL/KML
Proposal Template
Page 13
__________________________________________________________________________________

2.4 MANAGEMENT AND ADMINISTRATIVE COMPLIANCE MATRIX

REQUIREMENT (*) COMPLIANT REMARKS (***)


(Y/N/P) (**)
M01
M02
M….

[This section is applicable to requirements relevant to Management (including


schedule, reporting, meetings, reviews, deliverables, etc.), Financial and
Contractual aspects. Any partial- or non-compliance should be summarised
under point 6 of the Cover Letter in this Proposal Template.

(*) Please refer to the specific page/section of the Management part of the SoW
or, if available, the single requirement identifier;
(**) Please state your compliance (Y), non-compliance (N) or partial compliance
(P) with respect to each requirement;
(***) Any relevant remarks and, for partial compliance cases (P), an
explanation/justification]

…………………….
Appendix 4 to
ESA AO/1-10079/20/NL/KML
Proposal Template
Page 14
__________________________________________________________________________________

3) FINANCIAL PART

3.1 PRICE QUOTATION FOR THE CONTEMPLATED CONTRACT:

[Enter here the total amount quoted as a Firm Fixed Price (FFP), in Euro, delivery
duty paid, exclusive of import duties and value added taxes in ESA Member States,
etc., in pursuance of the pricing conditions fixed in the “Draft Contract” included
in the ITT]

[Remarks concerning certain price elements:

a) Charging of royalties and licence fees:


The Agency will only accept to pay royalties or licence fees on the condition that
they are:
- clearly identified in the tender, with the financial basis for their calculation,
method of application and total amount, and
- demonstrated to be of direct and necessary benefit to the work to be
performed (thus not merely the consequence of a general agreement or
commitment to a third party), and
- applied only to that part of the effort to be performed by a Contractor or Sub-
contractor that is directly related to the subject matter of the licence or
royalty agreement.

b) Quotations free of taxes and custom duties:


Prices shall be quoted free of any value added taxes (VAT) and import duties in
the ESA Member States. In this connection you shall pay attention to the
provisions stated in Article 3 of the Draft Contract (Appendix 2 to the ITT). In
case you consider that you and/or your Sub-contractor(s) will remain subject
to payment of taxes or custom duties, you shall indicate separately the
applicable rates, the corresponding estimated amounts, and the reason why
exemption from such taxes or duties cannot be obtained.

c) Currency and conversion rate:


For any Tenderer or proposed Sub-contractor located in countries outside of
the Euro zone, the exchange rate used to quote their prices in Euro shall be
indicated by the company (or institute) in its costing form PSS-A2. Any other
factors (such as hedging costs, forward buying rates) used for the purpose of
the calculations shall also be indicated]

3.2 SUB-CONTRACTING PLAN

[Indicate here with more details than in the Cover Letter, for the proposed Sub-
contract(s), if any, the name of the Sub-contractor(s), the country to which the Sub-
contractor(s) belong(s), the task(s) assigned (with reference to section 1.3.2 of the
“Technical Part”), the place of execution of the sub-contracted work as well as the
corresponding part and percentage of the total price for the Contract]
Appendix 4 to
ESA AO/1-10079/20/NL/KML
Proposal Template
Page 15
__________________________________________________________________________________

3.3 DETAILED PRICE BREAKDOWN

3.3.1 PSS costing forms:

[On the basis of the corresponding instructions to each form, complete and insert
in your Proposal the costing form(s) requested below):
- PSS A2 (including Exhibit A and B if applicable) (Breakdown of total
price per participating company or institute)
- PSS A8

Note that the PSS form templates can be downloaded from EMITS at
http://emits.sso.esa.int/ under Reference Documentation/Administrative
Documents/PSS Forms/Issue 5.

Please read carefully the “Instructions” included in each form template.

The profit shall not exceed eight percent (8%) of the Total Company Cost shown on
line 8 of PSS A2 form, issue 5 (“Company Price Breakdown Form”).

In case of participation of Sub-contractor(s) in the contemplated Contract, each


Sub-contractor shall fill in the same forms with respect to its share of the activity
and the Tenderer shall fill in forms corresponding to its own share and to the total.

Any PSS forms including those concerning your Sub-contractor(s) are to be signed
by the authorised representative of the company (or institute) concerned]

3.3.2 Milestone Payment Plan

[Provide a Milestone Payment Plan using the table here below, taking into account
Article 4 of the Draft Contract.
All claims for payment, except the advance, shall be linked to the achievement of
defined schedule milestones with tangible deliverables including as the case may
be, achieved performance of service. Examples of such milestones are the
satisfactory completion of WPs and delivery of the related output.
Note that under EXPRO/EXPRO+ no direct payments by the Agency to Sub-
contractors are foreseen.]

[You are requested to indicate below for only information purposes, the Milestone
Payment Plan that is envisaged for Sub-contractor(s)]
Appendix 4 to
ESA AO/1-10079/20/NL/KML
Proposal Template
Page 16
__________________________________________________________________________________

Payments from ESA to


Country
Milestone (MS) Description Schedule Date Contractor
(ISO code)
(in Euro)
Progress (MS 1): Upon successful completion of Task xxx and/or successful [review To + … months
and] the Agency’s acceptance of all related deliverable items.
Progress (MS 2): Upon successful completion of Task xxx and/or successful [review To + … months
and] the Agency’s acceptance of all related deliverable items.
Progress (MS 3): Upon successful completion of Task xxx and/or successful [review To + … months
and] the Agency’s acceptance of all related deliverable items.
Final Settlement (MS 4): Upon the Agency’s acceptance of all deliverable items due To + 24 months (not less than 10% of the
under the Contract and the Contractor’s fulfilment of all other contractual total Contract price)
obligations including submission of the signed Contract Closure Documentation.
TOTAL

[An Advance Payment is not granted automatically, it is required to demonstrate a significant need for cash disbursement at the
beginning of the execution of the Contract.
Nevertheless, whenever an SME (as per definition in http://eur-lex.europa.eu/legal-
content/EN/TXT/PDF/?uri=CELEX:32003H0361&from=EN) is involved as Contractor or Sub-contractor, it shall be entitled to
a 35% Advance Payment of their Contract price irrespective of any cash disbursement needs. Further, the SME has the right to
request the offset of the 35% Advance Payment at the end of the Contract i.e. the two last milestones (ideally 25% at the last
milestone and 10% at the preceding milestone), if this can be justified in view of the economic progress in the Contract.
The Tenderer shall keep in its files, for possible review by the Agency, the corresponding SME self-certification(s) submitted by
any member of its tendering team. The self-certification(s) have to be provided on letterhead of the corresponding entity as per
model hereunder:

“I confirm that the company I am representing satisfies all the criteria for SME qualification as per definition given in the
recommendation 2003/361/EC of the European Commission. ”
[+ date, name and signature of authorised representative]]
Appendix 4 to
ESA AO/1-10079/20/NL/KML
Proposal Template
Page 17
__________________________________________________________________________________
Prime Company ESA Entity Country Advance Offset Offset by Condition for release of the Advance
(P) Name Code (ISO Payment against (in Euro) Payment
code) (in Euro)
P MS 1 Upon signature of the Contract by both
Parties

[OPTION: if Sub-contractors]
For information purposes only:

For Information purposes only:


Amounts in Euro for Contractor and Sub-contractor(s)
Contractor: Country Sub-contractor 1: Country Sub-contractor 2: Country Sub-contractor 3: Country
Insert (ISO code) Insert (ISO code) Insert (ISO code) Insert (ISO code)

Advance
Payment
MS 1
MS 2
MS 3
MS 4
TOTAL
[END OPTION: if Sub-contractors]
Appendix 4 to
ESA AO/1-10079/20/NL/KML
Proposal Template
Page 18
__________________________________________________________________________________

4) CONTRACTUAL PART:

4.1 BACKGROUND INTELLECTUAL PROPERTY RIGHTS

[If you indicate in the Technical Part (section 1.4) that you intend to use for this
activity, your own or Third Party Intellectual Property Rights (IPR), you have to
identify them with their IPR status at the time planned for the execution of the
proposed activity and to specify with the name of the owner, that you are entitled
to get the appropriate licence within your price quotation for the Contract, for their
access and use for the performance of this Contract and in accordance with the
Draft Contract conditions.
Please, fill in the table below indicating the items covered by Background
Intellectual Property Rights (BIPR) which are proposed to be used for the present
activity.]

Date of
Contract / Type of
Patent # creatio Affected
Funding Licence
Exact or Ref. / n of the deliverable
Details Protected
name of Issue / version with
Owner Description under (e.g. Format (**)
BIPR Revision of the comments
which the Source (Y/N)
Item / Version IPR was BIPR
Code
# created listed
etc.)
(*) here

(*) If ESA Contract(s) please mention it. The IPR will then not be qualified as BIPR and will follow the regime of the very
Contract.
(**) Only applicable in case of software.

4.2 SPECIFICATION OF ALL INPUTS TO ENTER INTO THE BLANKS EXISTING IN


THE DRAFT CONTRACT

[Specify them by reference to the numbering of the Articles and Clauses]

4.3 OTHER REMARKS ON THE DRAFT CONTRACT

[See section 7 of the Cover Letter Template]


___________________________________
Appendix 4 to
ESA AO/1-10079/20/NL/KML
Proposal Template
Page 19
__________________________________________________________________________________

ATTACHMENTS:

ANNEX 1: Signed PSS-A2 form(s) per participating entity and for the cost at overall
consortium level including its Forms A (cost specification) and Exhibit B
(Travel and Subsistence Plan), if applicable (to be inserted)

Signed PSS-A8 form(s) per participating entity and for the cost at overall
consortium level at all sub-levels in numeric sequence indicating. The PSS A8
form to be provided in a readable (landscape) format (to be inserted)

ANNEX 2: DESCRIPTION OF TENDERER’S FACILITIES FOR THE EXECUTION OF


THE WORK

(The Tenderer shall submit a brief description of all facilities proposed for use
to execute the Work offered. Facilities may include, as applicable, hardware,
software, test equipment, infrastructure, information resources, etc. The
Tenderer shall also describe what means of access it has to the proposed
resources)

[END DETAILED PROPOSAL TEMPLATE]

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