Ept 10079
Ept 10079
ESA AO/1-10079/20/NL/KML
Proposal Template
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Dear Sir/Madam,
With reference to the above Invitation to Tender (ITT), we are pleased to present this
proposal:
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.
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ESA AO/1-10079/20/NL/KML
Proposal Template
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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
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)
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Proposal Template
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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.)
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. 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
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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.
DETAILED PROPOSAL:
1) TECHNICAL PART
1.1.3 Proposed approach to reach the main technical objectives of the ITT
……………
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).
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……………
……………
……………
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1.3 BACKGROUND:
……………
……………
……………
……………
……………
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1.5.1 Reservations
……………
(*) 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]
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……………
……………
2.1.1.3 Position of each of the team members within his/her own company’s (or
institute’s) structure
……………
……………
……………
2.2 PLANNING
……………
……………
……………
……………
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(*) 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]
…………………….
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Proposal Template
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3) FINANCIAL PART
[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]
[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]
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[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.
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”).
Any PSS forms including those concerning your Sub-contractor(s) are to be signed
by the authorised representative of the company (or institute) concerned]
[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)]
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Proposal Template
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[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]]
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Proposal Template
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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:
Advance
Payment
MS 1
MS 2
MS 3
MS 4
TOTAL
[END OPTION: if Sub-contractors]
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Proposal Template
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4) CONTRACTUAL PART:
[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.
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)
(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)