Appendix 4 to ESA RFP for IPL-XXX/XXX/xxx/xxx.2016 RFP Response Template Page 1 ______ESA TENDERING STANDARDS FOR “ EXPRESS PROCUREMENT” (“EXPRO”)

RFP RESPONSE TEMPLATE v4

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

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

To: EUROPEAN SPACE AGENCY (ESA) (ESA to insert Establishment’s address)

[OPTION] European Space Agency (ESA), 8 – 10 Rue Mario-Nikis, 75015 Paris, France[END OPTION]

[OPTION] The European Space Operations Centre (ESOC), Robert-Bosch-Strasse 5, 64293 Darmstadt, Germany[END OPTION]

[OPTION] The European Space Research Institute (ESRIN), Via Galileo Galilei, Casella Postale 64, 00034 Frascati (Roma), Italy[END OPTION]

[OPTION] The European Space Research and Technology Centre (ESTEC), Keplerlaan 1, 2201 AZ Noordwijk, The Netherlands[END OPTION]

[OPTION] European Space Astronomy Centre (ESAC) Camino bajo del Castillo, s/n Urbanización Villafranca del Castillo, Villanueva de la Cañada, Madrid, Spain[END OPTION] 2

[OPTION] The European Centre for Space Applications and Telecommunications (ECSAT), Fermi Avenue, Harwell Campus, Didcot, OX11 0FD, United Kingdom[END OPTION]

Att.: Ms/Mr ... (IPL-PXX) (The name of the Contracts Officer responsible for this RFP)

Subject: RFP IPL-XXX/XXX/xx/xxx.2016 title ... (The ESA RFP no. and RFP subject)

Category: ESA Express Procurement - EXPRO

Our ref.: RFP Response No...... (Tenderer to insert its reference number) ______

Dear Sir or Madam,

With reference to the above Request for Proposal (RFP), we are pleased to present our response:

1. The Tenderer (potential Contractor) is: .... (full name of company or institute) .... (address of its seat) Fax number: ...... Telephone: ...... Nationality (according to ESA Convention’s criteria): ...... VAT Number: ……. EMITS Bidder Code: ..... [OPTION: if known at the time of Response submission] ESA-P Vendor Code: 1 000 xxx xxx ESA-P Bidder Code: 6 000 xxx xxx [END OPTION] (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

Bidding Team and Price Breakdown Information:

Prime Contractor Sub-contractor 1 Sub-contractor 2 Economic Operator Complete Name and

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Legal Nature (1) SME (indicate YES or NO)

Large Space Integrator (indicate YES or NO)

EMITS Bidder Code

esa-p Bidder Code (60000xxxxx) (2) esa-p Vendor Code (10000xxxxx) (3) Country (ISO Code) Price Type Currency Total TOTAL PRICE

Geographical Distribution within bidding team (for Prime 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 legal entities identified in sections 1 and 2 above fully satisfy the requirements, concerning eligibility to submit a tender, that are stated in Appendix 3 to the subject RFP (“Tendering Conditions for Express Procurement Procedure” - EXPRO/TC).

4. Our Firm Fixed Price for the activity in accordance with the funding conditions stated in the RFP, amounts to: ……...... Euro (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 Response 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 Contractor).

5. The contact person of the Tenderer to whom all communications relating to this letter should be addressed is the following: ...... (name of contact

1 Specify here the type of business entity to which the company belongs (e.g Limited Company, Société Anonyme, AG etc) 2 For the purpose of invoicing under a resulting Contract, the Tenderer will be expected to use the ESA-P system of the Agency. For those Tenderers who have already entered into contracts with the Agency this tool is known and the ESA-P tenderer and vendor numbers are in principle known. For Tenderers who have not yet entered into a contract with the Agency, an ESA-P Vendor Number is not available and will only be provided at the time of finalisation of the resulting contract. 3 idem 4

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 )

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 numbers, telephone numbers, e-mail addresses) are as follows:

(please fill in as needed)

6. Regarding the technical and management contents of this RFP Response, we hereby certify that this Response fully complies with the technical and management requirements of the subject RFP, including the latter’s Statement of Work and all other appendices and/or annexes.

7. We hereby state that we have read and understood all the terms and conditions of the Draft Contract included in the subject RFP 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 this paragraph, 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 RFP Response considered not compliant. Furthermore, the Agency reserves the right to disregard remarks, proposals or requests regarding the Draft Contract which it considers as being irrelevant).

[OPTION: ESA TO SELECT. Instructions in red colour are for the Bidder and added from the Proposal Template by the Agency prior to publication of the RFP] 8. Please find in annex hereto the following technical and/or management information:  PSS A2 [PSS A1] [PSS A8] [PSS A15.1] form, duly completed and signed for the Tenderer and any potential Sub-contractor(s) [all PSS forms are available on EMITS at http://emits.sso.esa.int/emits/owa/emits.main under Reference Documentation / Administrative Documents / PSS Forms / Issue 5]  E.g. Work Breakdown Structure (WBS) […]  E.g. Work Package Description [(WPD) in a PSS-A20 form or an equivalent template] […]  E.g. 1st iteration of Task xxx  E.g. Planning bar-chart […]  E.g. List of Key Personnel, CVs and Time Dedication (total and per Work Package) […]

4 Appendix 4 to ESA RFP for IPL-XXX/XXX/xxx/xxx.2016 RFP Response Template Page 5 ______

 E.g. Proposed Milestone Payment Plan (MPP) [In case you request an Advance Payment, please include also a proper justification for applying the Advance Payment]  ….. [END OPTION]

9. [BACKGROUND INTELLECTUAL PROPERTY RIGHTS]

[OPTION1: FOR DRAFT CONTRACT 6.3.2 OPTION 1 ONLY!] With reference to paragraph 6.3.2 of the Draft Contract, we hereby specifically confirm our full compliance. [END OPTION1]

[OPTION2: FOR DRAFT CONTRACT 6.3.2 OPTION 2 ONLY!] (One of the 2 following alternative statements, i.e. a) or b), is to be deleted) a) With reference to paragraph 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 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 here below:

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

[If you indicated in 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 above indicating the items covered by Background Intellectual Property Rights (BIPR) which are proposed to be used for the present activity.]

We are prepared to provide further evidence of such rights, their origin and ownership if so required by ESA. (If this concerns rights vesting in a third party, the following sentence shall be added here: “Relevant documentation on such rights owned by third party is 6

attached hereto as Supporting Documentation”. Please attach the documentation at the end of this letter.) or b) With reference to paragraph 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). [END OPTION2]

10. (One of the 2 following alternative statements 9.a) and 9.b) is to be deleted) 10. 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

10. 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 or (option) his Sub-contractor ?… (name) has obtained the following authorisation(s) in order to submit this tender: ?………. (to specify)

and/or (option)

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

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

12. The Response is valid during the following time period, reckoning from the closing date for Response submission: ...... months (insert a number compatible with ESA’s RFP Cover Letter)

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

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

6 Appendix 4 to ESA RFP for IPL-XXX/XXX/xxx/xxx.2016 RFP Response Template Page 7 ______

Signature: ......

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