NSPA AGENCE OTAN DE SOUTIEN ET D'ACQUISITION NATO SUPPORT AND PROCUREMENT AGENCY

REQUEST FOR PROPOSAL (RFP) N°: INTERNET VENDOR APL20044 /LM-MS-6000833467 L- of 04 Aug 2020

(Please refer to this number in all further correspondence)

Contact Point Paula Leal Tel: +352-3063 7158 Fax: 3063 4300 -

Offer Closing date: 20 Aug 2020 Vendor No: RFPWEB Offer Validity : 30 Oct 2020 Fax No : 30634300

1. Bidding Instructions 2. DRAFT Purchase Order 3. SOW 4. General Provisions (Services) 5. Termination for Convenience of NSPA 6. MISR 7. List of Services

All faxed Quotations must be sent to the following number: +352 3063 4300

All offers sent by e-mail must be addressed to "[email protected]"

Yours faithfully,

Paula Leal Buyer

APL20044 /LM-MS-6000833467 Page 1 of 1 NATO UNCLASSIFIED NSPA L-8302 CAPELLEN(Luxembourg) TEL:(+352)3063(+ext.) FAX:(+352)3063 4300 NSPA AGENCE OTAN DE SOUTIEN ET D'ACQUISITION NATO SUPPORT AND PROCUREMENT AGENCY

List of Services

Service Order N°: 40129803 Customer Document N°: Spike ILS Training Support Turn Around Time: 365 days 10 Spike ILS Training Support

Line Service No Description Unit of Qty Issue

10 1187104 PU 1 MATERIAL Delivery of ILS package SOW Para 4.1 Annex 1 of the SOW contains the parts necesarry in the ILS package

20 1028832 PU 1 TRAINING Spike iCLU/LR2 operator course SOW Para 4.2.1.1

30 1028832 PU 1 TRAINING Spike LR2 IDT course SOW Para 4.2.1.2

40 1028832 PU 1 TRAINING Spike iCLU maintenance course SOW Para 4.2.1.3

50 1130218 PU 1 TRAINING DOCUMENTATION Training Documentation soft copy- Pdf or Microsoft Office SOW Para 4.2.5.1

60 1130218 PU 1 TRAINING DOCUMENTATION Training Documentation hard copy SOW Para 4.2.5.2

70 1163536 PU 1 DOCUMENTATION Spike iCLU/LR2 operator manual SOW Para 4.3

APL20044 /LM-MS-6000833467 Page 1 of 2 NATO UNCLASSIFIED NSPA L-8302 CAPELLEN(Luxembourg) TEL:(+352)3063(+ext.) FAX:(+352)3063 4300 NSPA AGENCE OTAN DE SOUTIEN ET D'ACQUISITION NATO SUPPORT AND PROCUREMENT AGENCY

80 1163536 PU 1 DOCUMENTATION Spike LR2 IDT manual SOW Para 4.3

90 1163536 PU 1 DOCUMENTATION Spike iCLU O-level maintenance manual SOW Para 4.3

100 1162568 PU 1 ACCOMMODATION AND TRAVEL COSTS Expenditure for transport to and from site and travel on site will be reimbursed by NSPA at actual cost, properly justified by the Contractor as follows:

Tourist class air, 1rst class rail or sleeper

Payment of the subsistence allowance shall be made for the time travelling to and from the contractor's plant and while the contractor's personnel is performing on-site work. For fractional parts of a day, the subsistence allowance shall be paid on a pro-rata basis. No subsistence will be paid for vacation or sick leave. It includes all expenditure (e.g. hotels, meals) except travel costs. Subsistence allowance will be reimbursed by NSPA at actual cost, properly justified by the Contractor.

Quality assurance requirements: This contract shall meet the AQAP 2131 requirements (NATO Quality Assurance Requirements for Final Inspection). These requirements also apply to all sub-contractors involved in this contract.

APL20044 /LM-MS-6000833467 Page 2 of 2 NATO UNCLASSIFIED NSPA L-8302 CAPELLEN(Luxembourg) TEL:(+352)3063(+ext.) FAX:(+352)3063 4300 NSPA Request for Proposal APL20044

Dear Sir/Madam,

The NATO Support and Procurement Agency has a requirement for the provision of an ILS package to support the Slovakian Spike System as described in the attached Statement of Work (SoW) dated 7th Julyl 2020.

You are invited to submit a proposal to provide to NSPA the services and spares parts listed in this Request for Proposal (RFP). A firm fixed price is required as a result of the Request for Proposal (RFP).

All further updates in the bidding documentation such as answers to questions raised by bidders will be provided through the NSPA website.

Bidders are strongly encouraged to consult the website regularly in order to be aware of both latest Q&A information and any changes/updates to the solicitation. Bidders are advised that NSPA will not normally advise bidders directly regarding Q&A responses or updates, therefore it is the bidder’s responsibility to keep abreast of such developments.

Only bids from the OEM or OEM’s authorized distributors will be considered.

Partial bids are not acceptable.

Please note that it is mandatory that your firm is registered to NSPA Source File in order to be able to participate in this RFP.

Table of contents

1. TAX EXEMPTION ...... 2 2. CONSIDERATION OF ALL INFORMATION ...... 2 3. CONTRACTOR'S RESPONSIBILITY ...... 2 3.1 FORMER NSPA STAFF ...... 2 4. BALANCING OF PRODUCTION ...... 2 5. EVALUATION CRITERIA ...... 3 6. ALTERNATIVE PROPOSAL(S) ...... 3 7. AUTHORISED SIGNATURE ...... 3 8. VALIDITY ...... 3 9. PRICES, CURRENCY AND PAYMENT ...... 4 10. LATE OFFERS ...... 4 11. NO NSPA COMMITMENT ...... 4 12. PRE-AWARD SURVEY ...... 4 13. INSTRUCTIONS FOR PROPOSAL FORWARDING ...... 4 14. INFORMATION ON BIDDING ...... 5 15. BID OPENING ...... 5 16. NSPO PROCUREMENT REGULATIONS / NSPA OPERATING INSTRUCTION ...... 5 17. PUBLICATION OF CONTRACT AWARDS ...... 5

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1. TAX EXEMPTION 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 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.

2. CONSIDERATION OF ALL INFORMATION Your proposal must be prepared after careful consideration of all information provided in this RFP. In order for your proposal to receive an accurate evaluation it must conform to the terms of this RFP. Non-conforming or incomplete proposals may be refused consideration for award of a contract. All blank spaces in the attached exhibit: PROPOSAL FORM AND INSTRUCTIONS / GUIDANCE FOR PREPARATION OF PROPOSALS must be completed and the exhibit returned before the bid closing date.

3. CONTRACTOR'S RESPONSIBILITY With 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.

You will be solely responsible for the performance of the purchase order resulting from this RFP. The fact that NSPA allows to subcontract or to call upon a third party for the performance of any part of the purchase order does not relieve you of your responsibility.

3.1 FORMER NSPA STAFF Any 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.

4. BALANCING OF PRODUCTION For contracts amounting to EUR 80,000.- or more, or equivalent in another currency, NSPA takes into account a “balanced production” policy. Under this policy, when offers

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from firms of different participating NSPO member states are otherwise similar, contract award is made to that bidder whose country, at time of award, is poorly placed in terms of balance, provided that his offer does not exceed the lowest offer by more than a certain percentage (10 % or 20 % depending on the relative position of the countries in terms of balancing) and he agrees to match such lowest offer. Relative positions of the countries in terms of production balancing are determined by using the ratio “R”; value of the contracts placed by NSPA in a country compared with the value of sales made to the same country. The three categories in the NSPA scale of balancing are well-placed, less well-placed and poorly-placed, the latter category having the lowest ratio.

5. EVALUATION CRITERIA The criteria which NSPA will employ in selecting the successful bidder will be by order of importance:

a. responsiveness and compliance with the conditions of the RFP;

b. provision to NSPA (as part of the tender) of: (i) an acceptable complete TECHNICAL PROPOSAL (ii) a compliant OUTLINE QUALITY PLAN

c. Price Evaluation: Bidders shall provide pricing for all of the material and services listed in the attached “List of Services” and the attached Exhibit 1 – Price Evaluation Criteria Form. The price evaluation for the winning Bidder shall be based on the grand total of Exhibit 1 – Price Evaluation Criteria Form.

Note: Even if the material and services detailed in the “List of Services” Line Items 50 through 100 inclusive are not part of the above-mentioned Price Evaluation, NSPA reserves the right to ask justification on the pricing from the bidder. In case the costs are determined to be materially unbalanced, NSPA reserves the right to reject the bid.

6. ALTERNATIVE PROPOSAL(S) If you desire to submit an alternative proposal or to submit suggestions for the accomplishment of this work, you may do so in addition to the proposal submitted in response to this Request for Proposal. If the only offer that you submit is an alternative, you take the risk to be declared technically non-compliant. Your alternative proposal will ONLY be considered if your proposal submitted in response to this Request for Proposal is the lowest technically compliant offer.

7. AUTHORISED SIGNATURE 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, on acceptance by NSPA, constitutes a binding contract.

8. VALIDITY Your proposal shall be valid until the “Offer Validity” date indicated on the first page of this RFP. The proposal must be submitted in the English or French language. If not sent by fax or email, the proposal must be submitted in duplicate.

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9. PRICES, CURRENCY AND PAYMENT 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.

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 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, Luxembourg.

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

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.

10. LATE OFFERS Proposals received after the “Offer Closing Date – 24:00 hrs Luxembourg time” indicated on the first page of this RFP shall, as far as a contract award is concerned, be rejected without consideration. However proposals posted prior to the Offer Closing Date (valid postal stamp) will be considered as long as they are received before an award is made. If only one offer is received and it is received after the closing date, NSPA reserves the right to consider such offer.

11. NO NSPA COMMITMENT This RFP is not a commitment that an award of contract will be made. NSPA reserves the right to reject any or all proposals. No payment for costs incurred prior to entering into a contract will be made by NSPA. NSPA reserves the right to award a contract for any or part of the services solicited with this RFP.

12. PRE-AWARD SURVEY If after the submission of a proposal you are considered for an award of a contract, NSPA reserves the right to conduct a survey of your technical and facility capabilities. A pre- award survey is normally performed for higher value contracts.

13. INSTRUCTIONS FOR PROPOSAL FORWARDING The means of transmitting your proposal are left to your discretion, by post, by private mail service, by email, by fax, or by a bid application using a secure protocol (https). Proposals submitted electronically (email or secure protocol) must conform to currently supported Microsoft-Office versions (preferably MS-Word, MS-Excel) or PDF.

Email: Your offer must be sent to the following address: [email protected] and make reference to the RFP Collective Number.

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Please be aware that the maximum capacity for incoming mail at NSPA is 10 MB. In case that your offer is larger it must be compressed to fit the 10 MB limit or sent in several parts.

Secure protocol: Your offer can also be submitted using a secure protocol (https) into the NSPA system. For this purpose select the button “Bid” when you display the details of the RFP in the Internet and follow the instructions.

A proposal that is received "incomplete" when the closing date deadline is reached, cannot be accepted. In case the proposal is mailed it has to be submitted to the following address and should mention:

NATO SUPPORT AND PROCUREMENT AGENCY (NSPA) Procurement Division, Attn.: PP-A RFP Collective n°: APL20044 L-8302 CAPELLEN (Luxembourg)

14. INFORMATION ON BIDDING If your company believes that the wording of this Request for Proposal unduly restricts competition, a formal complaint may be submitted not less than 10 days prior to the bid closing date (or not more than 15 days after the release of the RFP, or not more than five days after the Bidders Conference - at the buyer’s discretion). 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.

15. 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.

16. NSPO PROCUREMENT REGULATIONS / NSPA OPERATING INSTRUCTION The NSPO Procurement Regulations and the NSPA Operating Instruction are available on NSPA’s website under http://www.nspa.nato.int/en/organization/procurement/rules.htm

If you do not wish to respond to this RFP, please notify this office and return all documentation received promptly or destroy it.

17. 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

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Enclosure Exhibit: Proposal Form and Instruction/Guidance for Preparation of Proposals

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EXHIBIT: PROPOSAL FORM AND INSTRUCTION / GUIDANCE FOR PREPARATION OF PROPOSALS

NSPA has prepared this two-part proposal form for the purpose of providing a standard format by which the bidders submit cost data and supporting information suitable for a detailed and accurate analysis and evaluation of their proposals.

It is not essential that this said form be used by the bidders, however the bidders are requested to maintain the sequence and suitably index the proposal to enable rapid analysis by NSPA. This form must be completed and returned not later than the offer closing date.

An electronic copy of this form can be provided upon request.

Part A - TECHNICAL PROPOSAL / CAPABILITY AND QUALIFICATION FORM

This part when duly completed and supplemented with any information as deemed appropriate will constitute the bidder’s Technical Proposal and contain all non-pricing details.

Part B - PRICE PROPOSAL

This part when duly completed and supplemented with any information as deemed appropriate, will constitute the bidder’s Price Proposal.

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PART A - TECHNICAL PROPOSAL/CAPABILITY AND QUALIFICATION FORM

The information on your firm and capabilities should be submitted along the lines of the format provided below.

Voluminous pre-printed brochures are not desired.

1. EXPERIENCE AND CAPABILITIES OF YOUR COMPANY IN SIMILAR TYPES OF SERVICES

The bidder shall provide a short description of the company's experience and capabilities in providing similar services as per the SoW.

______

The bidder shall identify any former NSPA Staff, which he proposes to employ on this contract as set out in paragraph 3.1. ______

2. QUALITY

a. The bidder shall attach an outline Quality Plan to his proposal.

(i) This is an essential element in NSPA's assessment of your tender. It constitutes a part of your technical proposal. It is not intended that the bidder send a copy of his quality manual: an outline quality plan for this specific project is required, interfacing the project with the company's general quality operation.

(ii) AQAP 2105 states the minimum elements of such an OUTLINE QUALITY PLAN.

b. Please outline the quality procedures in place at your company for this type of services.

c. The final QUALITY PLAN will be delivered by the Contractor to NSPA not later than 60 calendar days after contract award.

d. ISO certification

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The bidder / his facility shall be certified against ISO 9001 or a standard including the requirements of ISO 9001. In the latter case he shall specify the standard. Bidder to provide a valid copy of the certification granted from an accredited body. The certification scope shall include all processes contributing to quality of the present contract.

e. AQAP Compliance The bidder’s Quality Management System shall meet the requirements of AQAP 2131 Quality Assurance Requirements for Final Inspection and Test.

(N.B. Bidder to delete and explain, if this is not so).

______

3. CONTRACT ADMINISTRATION

The names of the officials designated by the Contractor to administer this contract are:

Contractual matters:

Company name: ______

Address: ______

Attn: ______

Phone: ______

Fax: ______email: ______

Technical matters:

Company name: ______

Address: ______

Attn: ______

Phone: ______

Fax: ______email: ______

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Part B - PRICE PROPOSAL

PRICES:

Please indicate your best prices in attached document entitled “List of services”

Please consider "Item" and "Line" n° as follows: 10 = 1, 20 = 2 etc.

Bidders shall complete the attached Exhibit 1 – Price Evaluation Criteria Form.

PAYMENT TERMS:

NSPA payment terms are 30 days net upon receipt of Contractor’s invoices duly documented as contractually provided for.

Discount for early payment shall be indicated in your proposal, i.e.:

If payment is made within 20 days: ………% is granted (bidder to indicate) If payment is made within 10 days: ………% is granted (bidder to indicate)

VALIDITY:

This price proposal, when associated with the TECHNICAL PROPOSAL, constitutes the bidder’s tender against this RFP and is valid until the specified offer validity date.

NAME OF COMPANY: ______

NAME OF REPRESENTATIVE: ______

TITLE OF REPRESENTATIVE: ______

DATE OF PROPOSAL: ______

VALIDITY OF PROPOSAL: ______

SIGNATURE: ______

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DRAFT PURCHASE ORDER

SCOPE OF PURCHASE ORDER: Provision of ILS package including training and spares parts for the support of the Slovakian Spike System

The Contractor represents that he operates as [ ] an individual [ ] a non-profit organization [ ] a corporation incorporated in ......

The Contractor agrees to deliver all the materiel set forth in the list of items attached to the Terms and Conditions for the consideration stated herein. The rights and obligations of the parties to this purchase order shall be subject to and governed by the Terms and Conditions and the General Provisions. To the extent of any inconsistency between the Terms and Conditions or the General Provisions and any specifications or other provisions which are made a part of this purchase order, by reference or otherwise, the Terms and Conditions and the General Provisions shall control. To the extent of any inconsistency between the Terms and Conditions and the General Provisions, the Terms and Conditions shall control.

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TABLE OF CONTENTS

This purchase order consists of:

• Terms and Conditions containing 20 Parts • NSPA General Provisions for Fixed Price Contracts (Materiel) • NSPA General Provisions for Fixed Price Contracts (Services) • Termination for Convenience of NSPA . Shipping notification form . Request for exemption of value added tax all of which are hereby made a part of the purchase order and incorporated herein by reference.

The following documents are available in the Internet under: www.nspa.nato.int/en/organization/procurement/rules.htm • NSPA General Provisions for Fixed-Price Contracts (Materiel) www.nspa.nato.int/en/organization/procurement/forms.htm • Termination for Convenience of NSPA

TERMS AND CONDITIONS

Part 1 - Materiel and Services to be furnished ...... 3 Part 2 - Prices...... 3 Part 3 - Pricing Warrant ...... 3 Part 4 - Taxes and Duties...... 3 Part 5 - Point of Delivery and Passage of Title ...... 4 Part 6 - Contractor Notice Regarding Late Delivery ...... 4 Part 7 - Invoicing and Payment ...... 4 Part 8 - Liquidated Damages...... 5 Part 9 - Quality Assurance Requirements - Certificate of Conformity (CoC) ...... 6 Part 10 - Item Identification - Deviation Permit / Concession ...... 6 Part 11 - Marking for Shipment ...... 7 Part 12 - Preservation, Packaging and Packing, Destination and Shipping Instructions ... 7 Part 13 - Warranty ...... 8 Part 14 - Intellectual Property Rights, Royalties and License Rights ...... 8 Part 15 - Termination for Convenience of NSPA ...... 9 Part 16 - Notification of Changes ...... 9 Part 17 - Performance of the Contractor in Time of Alert or War ...... 10 Part 18 - Correspondence ...... 10 Part 19 - Publicity and Public Relations ...... 10 Part 20 - Integrity / No Bribe ...... 10

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Part 1 - Materiel and Services to be furnished

1. The Contractor will supply to the NATO Support and Procurement Agency in the quantity, at the unit and total price indicated, and on the delivery dates specified, the items and services described in the attached “List of Services” and Statement of Work dated 30th April 2020.

2. The prices include all costs in respect of identification, preservation, packaging, packing, marking, quality assurance and inspection incurred by the Contractor.

3. Condition of materiel must be new of current production.

Part 2 - Prices

The prices of this purchase order are firm fixed prices.

Part 3 - Pricing Warrant

The Contractor warrants that the prices included in this purchase order are for comparable quantities, terms and conditions equal to or less than those proposed or that would be proposed to the Contractor's most favored customer, including any other international organization or NATO member state government bodies.

Part 4 - Taxes and Duties

Clause 6. "Taxes and Duties" of the NSPA General Provisions for Fixed- Price Contracts (Materiel) is amended as follows:

1. If not located in Luxembourg, the Contractor is specifically responsible for obtaining any documentation required to permit NSPA and its Customers to benefit from the fiscal regime applicable to exports.

2. NSPA is specifically exempt from all duties and taxes (and this includes Value Added Tax within the European Union). For the purchase of materiel or services in countries within the European Union, the Contractor may use the form attached hereto entitled " VAT AND/OR EXCISE DUTY EXEMPTION CERTIFICATE (*)/(Directive 2006/112/EC - Article 151 and Directive 2008/118/EC - Article 13)". This form will be signed and stamped by a NSPA official for completion and processing by the Contractor as may be required by the national authorities concerned.

3. Contractors should note that NSPA has no VAT number and no VAT identification number.

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Part 5 - Point of Delivery and Passage of Title

1. The Contractor will deliver the materiel: FCA Contractor’s facilities (Incoterms 2010).

2. Title to the materiel will pass to NSPA at the point of delivery. Claims based on latent defects, fraud, gross negligence, or such gross mistakes to amount to fraud, shall not be prejudiced thereby nor shall the guarantees applicable to the materiel or issuance of discrepancy reports be affected by the said passage of title or acceptance of the materiel.

Part 6 - Contractor Notice Regarding Late Delivery

In the event that the Contractor encounters difficulty in meeting the time limits specified for any materiel, he shall immediately notify NSPA in writing, giving pertinent details. However, this data shall be for information only and shall not be construed as a waiver by NSPA of any time limit or of any rights or remedies provided under this Purchase Order.

Part 7 - Invoicing and Payment

1. The materiel delivered against this purchase order shall be invoiced within 45 days after delivery.

2. One original invoice shall be submitted to the following address :

As PDF-document to:

[email protected]

OR as Hardcopy to :

NSPA CIMO OFFICE 11 rue de la Gare L-8302 CAPELLEN

accompanied by the NSPA MISR duly completed as contractually called for and an evidence of delivery. Each invoice submitted and the attached MISR shall bear the purchase order reference number, and shall refer to the line items delivered. Faxed invoices will not be accepted for payment.

3. If the Contractor ships the materiel to the final destination, the only acceptable evidence of delivery shall be a document bearing proof of the transportation charges paid by the Contractor. If not shipped by the Contractor, the only acceptable evidence of delivery shall be a receipt document signed by the authorized Shipping Agent or his duly designated representative. The receipt document must clearly indicate the authorized Shipping Agent’s name and address, the printed name of the Shipping Agent’s Representative and his signature for the receipt of the materiel. In the event the Contractor incurs any transportation charges from the point of delivery

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to the place indicated by the NSPA Shipping Agent, the charges are to be billed directly to NSPA, duly supported by a price voucher covering the amount paid.

4. The following certificate shall be affixed to each invoice submitted:

“I certify that this invoice is correct and just, that payment has not been received and that the price is exclusive of all taxes and duties from which NSPA is exempted.”

5. Payment

a. Payment will be made within ...... (...) days with .. % prompt payment discount or ...... (...) days net **will be completed at the time of contract award** following receipt by NSPA of the Contractor's original invoice drawn for payment in the currency in which the contract is established, and containing the following information: contract number and item number, purchase order number and item number, description of the item, unit of issue, quantity, unit price and total price.

b. NSPA will pay the net invoice amount and support the charges of its bank. All other charges will be for the Contractor.

c. The payments will be made to the account identified by the Contractor at time of registration to the NSPA Source file.

Part 8 - Liquidated Damages

1. If the Contractor fails to deliver within the time specified in the purchase order, he shall pay NSPA liquidated damages at the rate of 1 % for each full week of such delay but not more than a total of 10 % of the total price of the materiel not delivered on time.

2. Without prejudice to the final decision regarding the liquidated damages, NSPA shall be entitled to deduct imposed liquidated damages when paying invoices, even in the event that claims deriving from submitted invoices have been assigned or otherwise transferred to third parties. The total of the deductions made by NSPA pursuant to this clause will be considered as full and final satisfaction of all claims received out of late delivery of any item.

3. During a period of one year after delivery and acceptance of the items, NSPA shall have the right to claim liquidated damages even if such right is not reserved at the time when delivery is accepted.

4. The liquidated damages will not apply if the Contractor's failure to perform is due to causes beyond his control and without his fault or negligence.

5. Such causes may include but are not limited to: Acts of God or of the public enemy, acts of Government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and failure of subcontractors to perform due to such causes. If the Contractor is responsible for obtaining necessary export licenses / permits / DSP forms, he has to ensure that such requests are made in a timely manner so as to not delay shipment. Failure to do so will NOT be considered Force Majeure. NATO UNCLASSIFIED 4-Aug-20 Page 5 of 11

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6. The foregoing provisions of this part apply only to delinquencies in deliveries and do not prejudice NSPA's rights under the provisions of the clause entitled "Default" of the General Provisions for Fixed Price Purchase Orders (Materiel).

Part 9 - Quality Assurance Requirements - Certificate of Conformity (CoC)

1. The Contractor is responsible for maintaining effective control of the quality of materiel. If the Contractor himself is not the manufacturer of the contracted materiel, he shall impose these quality requirements upon his subcontractor.

2. In case where an AQAP is specified, the Contractor shall meet its requirements. The Contractor must provide a CoC. In case he is not the manufacturer, he shall provide a copy of the CoC received from the original manufacturer.

3. The MISR shall not be used in lieu of a CoC.

Completion and Distribution of the Certificate of Conformity (CoC)

I. Completion

a. The Contractor shall use the approved CoC Form available on the internet, in AQAP2070:

http://nso.nato.int/nso/nsdd/_CommonList.html

b. The Contractor shall complete Part I. Part II shall be completed by the GQAR

II. Distribution

One (1) copy shall be attached to the Contractor’s invoice.

Part 10 - Item Identification - Deviation Permit / Concession

1. Whenever circumstances require the substitution of an item or part thereof ordered under this purchase order, the Contractor must refer the proposed substitute to NSPA for approval, together with the NATO Stock Number (if available), Part Number of the proposed substitute, and if applicable, drawing built standard for the part number, including revision details and all major and minor waivers and deviations incorporated

2. When both NATO Stock Number and Part Number identify an item, the NATO Stock Number will govern.

3. Deviation Permit / Concession Form

I. Completion

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NSPA Request for Proposal APL20044

a. The Contractor shall use the Deviation Permit / Concession available on the internet, in AQAP2070:

http://nso.nato.int/nso/nsdd/_CommonList.html

b. The Contractor shall complete Part I. Part II shall be completed by the GQAR

II. Distribution

One (1) copy shall be attached to the Contractor’s invoice.

Part 11 - Marking for Shipment

1. The shipping documentation and all items or tags attached thereto will bear the following information: purchase order number, purchase order line number, NATO Stock number/Part number and quantity.

2. All containers (interior and exterior) will show the vendor's shipment notification number.

Part 12 - Preservation, Packaging and Packing, Destination and Shipping Instructions

1. Unless otherwise indicated in the Military Specifications of an item (if applicable) or by special request, preservation, packaging and packing shall be performed in accordance with the best commercial practice, and be such to assure safe arrival at the final destination, and shall be capable to withstanding extended storage for at least one year under normal, unheated, inside storage conditions. Depending on the weight, volume and nature, the items should normally be delivered on euro pallet(s) at no cost to NSPA. The exterior container will show the number of this purchase order and be provided with a shipping label bearing the full shipping address as indicated in this purchase order. It is imperative that the production serial numbers, when assigned, be clearly marked not only on the item itself, but also on accompanying shipping documentation and the MISR.

2. If materiel to be supplied under this purchase order constitutes hazardous or potentially hazardous cargo, the materiel and related shipping and commercial documentation must be processed (this includes but is not necessarily limited to packaging, packing, marking, notices of availability, documentation, emergency response information, etc. etc.), in accordance with applicable national and international transportation rules and regulations pertaining to hazardous or potentially hazardous cargo. A Materiel Safety Data Sheet (MSDS) must accompany each exterior container (one copy attached outside and one copy inside). One copy of the MSDS must also be enclosed with the Dangerous Goods declaration. The Contractor shall be liable for any loss or damage that might occur arising from an incident or accident due to the absence of a correctly completed MSDS.

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NSPA Request for Proposal APL20044

Depending on the type of materiel and mode of transport to be engaged the following are some examples of documentary requirements: Shippers Declaration for Dangerous Goods; Dangerous Goods Transport Document; Materiel Safety Data Sheet; Dangerous Goods Declaration; Transport Emergency Card (TREM Card) - European Road Transport, etc.

The following are examples of the various regulations in force: International Air Transport Association (IATA) Regulations; International Maritime Dangerous Goods Code (IMDG); International Regulations concerning rail transport (Europe); Accord Européen relatif au transport international des marchandises dangereuses par route (Europe); Transportation of Dangerous Goods Regulations (Canada).

3. Shipping notification

When the materiel is ready for shipment, the Contractor shall use the form attached for this purpose to this purchase order to submit a shipping notification to NSPA, indicating the following information:

• per shipment: contractor's shipment notification number, expected date of delivery of shipment at destination; • per materiel of the shipment: purchase order number, purchase order line item number, delivered quantity and, in case of partial delivery, the text "partial delivery".

Part 13 - Warranty

1. Clause 8 of the NSPA General Provisions for Fixed Price Contracts (Materiel) is supplemented to include the following:

a. The Contractor grants a warranty of two (2) years starting from the date of passage of title of the materiel to NSPA.

b. In case a defective item is accepted by the Contractor for return and replacement / repair under the warranty conditions of this contract, the transportation costs for the defective item from NSPA’s customer to the place where replacement and correction will be made and back to NSPA’s customer, will be borne by the Contractor.

Part 14 - Intellectual Property Rights, Royalties and License Rights

1. The Contractor 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 this contract and in other countries where the intellectual property rights are in force. The contractor possesses any licenses necessary for the performance of this contract and made any other arrangements required to protect NSPA from any liability for intellectual property rights infringement in said countries. The Contractor 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

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infringement of intellectual property rights in consequence of the provision of the service and / or materiel.

2. The Contractor agrees to assure himself that the Original Equipment Manufacturer(s) (OEM) or any entitled third party have not retained any intellectual property rights, before he provides services and / or manufactures items under the contract. NSPA shall not be liable for intellectual property rights infringements as may be caused by the Contractor.

3. The Contractor confirms that no payments of royalties or fees for intellectual property rights will be claimed by the OEM or any entitled third party for the services performed and / or materiel provided under this contract. In the event that such fees are claimed, the Contractor will bear any and all responsibility.

Part 15 - Termination for Convenience of NSPA

The provisions applicable to “Termination for Convenience of NSPA” are available in the Internet.

Part 16 - Notification of Changes

1. If at any time during the performance of this purchase order, the Contractor considers that he has been directed to change or deviate from, in any way, the terms and conditions and/or the scope of this purchase order, he shall notify the contracting officer immediately. This notification shall as a minimum contain a cost breakdown of the additional costs to be incurred by the Contractor if he would implement the change/deviation and the related impacts on the terms and conditions. This information must be provided to such level of detail to allow the contracting officer to provide a comprehensive response within 14 days after receipt of the notification from the Contractor.

2. Following the submission of this notification, the Contractor shall diligently continue performance of this purchase order to the maximum extent possible in accordance with its terms and conditions as originally agreed.

3. NSPA shall not bear any responsibility for work performed by the Contractor outside the purchase order scope and NSPA shall not compensate the Contractor in either time or money for such work not specifically authorized or requested by the contracting officer in writing and subsequently included in the purchase order through a Supplemental Agreement.

4. Consequently, the Contractor cannot claim additional money and/or time for work performed during the performance of the purchase order, which has not been identified as part of the scope of this purchase order.

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Part 17 - Performance of the Contractor in Time of Alert or War

The Contractor warrants that on the basis of information available to him, he is not aware of any national law or regulation, or any circumstances, that might prevent him from fulfilling his obligations under this purchase order in time of alert or war.

Part 18 - Correspondence

1. The Contractor will return a signed copy of the purchase order without delay to the address indicated below.

2. All correspondence except invoices should be addressed to:

NSPA Attn: LM MMC PP L - 8302 CAPELLEN GR. D. Luxembourg

Contact point : Paula LEAL Tel : +352 3063 Ext : 7158 Fax: +352 3063 4300 email: [email protected]

Part 19 - Publicity and Public Relations

1. The Contractor shall not make any press release or public statement concerning this contract without the prior written approval of NSPA.

2. The Contractor agrees that, upon request NSPA may provide copies of the signed contract to officials of NSPA's customer nation who are or were directly involved in the procurement of the goods and / or services ordered hereunder.

3. The Contractor shall not use the name, emblem or official seal of NSPA / NSPO or any abbreviation of the name of NSPA / NSPO in connection with its business or otherwise, unless prior authorized in writing by NSPA.

Part 20 - Integrity / No Bribe

1. NSPA draws the Contractors' attention to the fact that it is strictly forbidden to offer gifts or other advantages to Agency staff members. This also includes any so-called end-of-year gifts, which cannot be considered to be advertising presents.

2. The Contractor shall advise NSPA if any ex-NSPA employees are engaged in the work under this Contract. This only applies to employment with NSPA less than two years before the date of involvement in this Contract.

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NSPA Request for Proposal APL20044

3. If the Agency establishes that any of the provisions of this Part is not complied with, NSPA may terminate this purchase order at no cost to NSPA and your firm may be removed from the Agency's source file after the Agency has informed the relevant national authorities.

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GENERAL PROVISIONS FOR FIXED-PRICE CONTRACTS (SERVICES)

(2nd September 2015)

Clause l - DEFINITIONS

As used throughout this contract, the following terms shall have the meaning set forth below:

1.1 The term "NSPA" means "NATO Support and Procurement Agency", L - 8302 Capellen, Grand Duchy of Luxembourg.

1.2 All correspondence and contacts concerning contracts for services shall be with the Procurement Officer/buyer unless otherwise directed.

1.3 The term "NSPO Member Nation" means a member nation of the NATO Support Organization (NSPO). 1.4 The term "Customer Country" means that particular NSPO member nation for which NSPA is obtaining the services called for under this contract, or a part thereof.

1.5 The term "Contractor" means the party who has entered into this contract with NSPA.

1.6 The term “Contract” means the contractual instrument to which these General Provisions apply.

1.7 The term "Subcontract" means, except as otherwise provided in this contract, any agreement or contract made by the Contractor with any other party in fulfilment of any part of this contract, and any agreement, contract or subcontract hereunder.

Clause 2 - CHANGES

2.1 Except as otherwise provided in this contract, NSPA may at any time, within the general scope of this contract, by a written order make changes in any one or more of the following:

2.1.1 specifications, or make additions thereto, issue additional instructions, require modified or additional services, within the scope of this contract; or change the amount of NSPA furnished property;

2.1.2 marking, method of shipment or packing;

2.1.3 place of delivery; and

2.1.4 place of inspection and acceptance.

2.2 If any such change causes an increase or decrease in the cost of, or the time required for, the performance of this contract or of any part of the work under this contract, whether changed or not changed by any such order, an equitable adjustment shall be made and the contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this Clause must be asserted within thirty (30) days from the date of receipt by the Contractor of the notification of change, provided, however, that NSPA, if it decides that the facts justify such action may receive and act upon any such claim asserted at any time prior to final payment under this contract. Failure to agree to any adjustment shall be considered a dispute within the meaning of the Clause entitled "Disputes" in these General Provisions. Pending arbitration the Contractor shall proceed with the contract as changed, without delay.

2.3 Where the cost of property made obsolete or excess as a result of a change is included in the Contractor's claim for adjustment, NSPA shall have the right to prescribe the manner of disposition of such property.

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2.4 Any other change in the terms of this contract, including but not limited to, changes in price, quantity, delivery schedules, or performance schedules, may be made only by agreement in writing executed by both parties.

Clause 3 - ASSIGNMENT

3.1 Except as otherwise provided in this contract, this contract shall not be assignable by the Contractor or operation of law without the prior approval of NSPA in writing. No such assignment shall become effective until the assignee has received written approval from NSPA. Any request for such approval shall be accompanied by a true copy of the intended instrument of assignment. NSPA will not unreasonably withhold any such approval of assignment.

3.2 NSPA shall have the right to assign in part or in full to another NATO Subsidiary Body, NATO Agency or any other entity acting on behalf of NATO the rights, obligations, title and interest in and to this Contract. Such assignment will not entitle the contractor to any additional payments or any other consideration. NSPA will notify such assignment in writing to the Contractor.

Clause 4 - PATENT INDEMNITY

Except as otherwise provided in this contract, the Contractor agrees to assume all liability for the infringement, if any, of patents in force in the countries where the services will be performed under this contract and in other countries where the patents are in force; and will be responsible for obtaining any patent licenses necessary for the performance of this contract and for making any other arrangements required to protect NSPA from any liability for patent infringement in said countries. The Contractor will notify NSPA of any claim of which it has knowledge, or may be notified, of patent infringement pertaining thereto.

Clause 5 - SECURITY

If any plans, specifications or other similar documents relating to the contract or the performance of same are marked "Cosmic Top Secret", "NATO Secret", "NATO Confidential", or "NATO Restricted", the Contractor shall safeguard NATO security by:

5.1 ensuring that no such document is accessible to any person not entitled to knowledge of such document;

5.2 complying with the national security regulations currently in force in its country;

5.3 complying with any special NATO or NSPA Security Operating Instructions which may be supplied by NSPA.

Clause 6 - IMPORT AND EXPORT FORMALITIES

The Contractor shall be responsible for compliance with all applicable national import and export customs regulations and formalities, including payment of fees incident thereto and the posting of a customs bond, if required, and further, including all required licenses, customs declarations and other documentation, concerning the entry to and the exit from the Contractor's facility, including delivery to final destination, of all items or materiel pertinent to the Contractor's performance under this contract except as otherwise provided herein.

Clause 7 - TAXES AND DUTIES

7.1 NSPA, as a subsidiary body of NATO is, by application of the Ottawa Agreement, dated 20 September 1951, exempt from all taxes and duties.

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7.2 Services sold to or through NSPA are to be considered as exports. Consequently, the Contractor is responsible for obtaining any documentation required to permit NSPA and its customers to benefit from the fiscal regime applicable to exports.

7.3 However, if the Contractor is compelled by application of any governmental law or regulation to pay any readily identifiable tax or duty in relation to this contract, he will indicate such tax or duty as a separate item of cost on his invoice(s). Any such tax or duty shall be fully identified by reference to the governmental law or regulation pursuant to which such tax or duty is enforced.

7.4 Following payment by NSPA of the amount(s) for taxes and/or duties pursuant to paragraph 7.3 above, should the Contractor receive a rebate or rebates, of any part or all of the said amount(s) so paid by NSPA, the Contractor shall notify NSPA promptly and the amount(s) of such rebate(s) shall be credited or paid over by the Contractor to NSPA at NSPA's option. The Contractor shall take any action that could be reasonably required in order to obtain such rebate(s) whenever he is aware of the possibility of obtaining it (them).

7.5 The submission of an invoice for taxes and/or duties under the provisions of this Clause shall constitute the Contractor's guarantee that such taxes have or will be paid. If for any reason, the taxes and/or duties are not paid, they shall be refunded in full with any interest earned while the funds for such payment(s) were held by the Contractor.

NOTE: If the contract is to be performed in Luxembourg, the foregoing clause is to be made inapplicable to the contract by mention to that effect in the Terms and Conditions and the following clause added in lieu thereof :

"Taxes and Duties

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 by the Luxembourg Authorities' is applicable to this contract and is made a part hereof by reference."

Clause 8 - SPECIAL AREAS

8.1 Except as otherwise provided in this contract, the Contractor shall not subcontract with firms located in countries which are:

8.1.1 subject to a formal trade embargo to be observed by NATO;

8.1.2 known to disregard international trade conventions in respect of copyright;

8.1.3 under communist control:

- China (PRC) - Cuba - Laos - North Korea - Vietnam.

Clause 9 - WARRANTY

9.1 Contractor hereby guarantees that he will perform all services under this contract in a good and workmanlike manner, in accordance with any technical orders or other instructions as specified in this contract and that the items on which the work is performed will be guaranteed for a period of two years

9.2 If Contractor supplies any spare parts hereunder, unless otherwise specified in this contract, such items shall be unused and in new condition, of the latest production, and conform to the latest applicable specifications, drawings, and other descriptions, if any, of appropriate military and/or civilian

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agencies, and, if any, of the Contractor and shall be free from defects in material, design and/or workmanship.

9.3 If any equipment incident to services or component thereof to which this guarantee applies, fails to provide such service due to defective services of the Contractor or defective spare parts furnished by the Contractor, the Contractor agrees either to repair the equipment, or component, at its own expense, including any transportation costs, or reach an agreement with NSPA for an equitable settlement. The Contractor shall undertake, if he chooses to carry out the repair work, to grant the same guarantee for the repaired equipment as was applied to the original equipment. Failure to reach such an agreement shall be a dispute within the meaning of the clause entitled "Disputes" in these General Provisions.

Clause 10 - DEFAULT

If the Contractor fails to perform the services within the time specified, becomes bankrupt, or otherwise fails to comply with his obligations under this contract, NSPA may by written Notice of Default to the Contractor terminate the whole or any part of this contract at no cost to NSPA. Thereafter, NSPA may procure or otherwise obtain the services so terminated, and the Contractor shall be liable for any damages and/or extra costs incurred by NSPA and/or its customer(s) as a direct consequence of the Contractor’s failure to comply with his obligations under this contract, unless Contractor's failure to perform is due to causes beyond his control and without his fault or negligence. The Contractor shall continue to perform under this contract to the extent not terminated hereunder.

Clause 11 - TERMINATION FOR CONVENIENCE OF NSPA

In the event NSPA determines that services ordered hereunder are no longer required, the Contractor agrees to cease its work hereunder and cancel any subcontracts hereunder and will use its best endeavours to effect such stoppage and/or cancellation on terms as favourable to NSPA as can be granted or obtained, or as may be more fully set forth in this contract.

Clause 12 - NSPA FURNISHED PROPERTY

12.1 It is the policy of NSPA that the Contractor shall furnish all property, including spare parts, necessary for the successful and timely performance of the services required under its maintenance contracts. Therefore, the following provisions are applicable to this contract only if NSPA furnishes NSPA property to the Contractor for his use in the performance of this contract, or requires the Contractor to acquire property, to which NSPA will assume title, for such use.

12.2 NSPA Furnished Property

NSPA shall deliver to the Contractor, for use in connection with and under the terms of this contract, the property described as NSPA furnished property in the contract, together with such related data and information as the Contractor may request and as may reasonably be required for the intended use of such property (hereinafter referred to as "NSPA furnished property"). The delivery or performance dates for the materiel or services to be furnished by the Contractor under this contract are based upon the expectation that NSPA furnished property suitable for use will be delivered to the Contractor at the times stated in the contract, or, if not so stated, in sufficient time to enable the Contractor to meet such delivery or performance dates. In the event that NSPA furnished property is not delivered to the Contractor by such time or times, NSPA shall, upon timely written request made by the Contractor, make a determination of the delay, if any, occasioned the Contractor hereby, and shall equitably adjust the delivery or performance dates or the contract price, or both, and any other contractual provision affected by any such delay, in accordance with the procedures provided for in the clause of this contract entitled "Changes". In the event NSPA furnished property is received by the Contractor in a condition not suitable for the intended use the Contractor shall, upon receipt thereof, notify NSPA of such fact and, as directed by NSPA, either (i) return such property at the NSPA expense or otherwise dispose of the property, or (ii) effect repairs or modifications. Upon the completion of (i) or (ii) above, NSPA upon written request of the Contractor shall equitably adjust the delivery or performance dates or the contract price, or both, and any other contractual provision affected by the rejection or disposition, or the repair or modification, in accordance with the procedures provided for in the clause of this contract entitled "Changes". The foregoing provisions for

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adjustment are exclusive and NSPA shall not be liable for breach of contract by reason of any delay in delivery of NSPA furnished property or delivery of such property in a condition not suitable for its intended use.

12.3 Changes in NSPA Furnished Property

12.3.1 By notice in writing, NSPA may (i) decrease the property provided or to be provided by NSPA under this contract, or (ii) substitute other NSPA property for property to be provided by NSPA, or to be acquired by the Contractor for NSPA under this contract. The Contractor shall promptly take such actions as NSPA may direct with respect to the removal and shipment of property covered by such notice.

12.3.2 In the event of any decrease in or substitution of property pursuant to paragraph 12.3.1 above, or any withdrawal of authority to use property provided under any other contract, which property NSPA had agreed in the contract to make available for the performance of this contract, NSPA, upon the written request of the Contractor (or, if the substitution of property causes a decrease in the cost of performance, on his own initiative), shall equitably adjust such contractual provisions as may be affected by the decrease, substitution or withdrawal, in accordance with the procedures provided for in the "Changes" clause of this contract.

12.4 Title

12.4.1 Title to all property furnished by NSPA shall remain in NSPA. In order to define the obligations of the parties under this clause, title to each item of facilities, special test equipment, and special tooling acquired by the Contractor for NSPA pursuant to this contract shall pass to and vest in NSPA when it has been fully paid for by NSPA either through amortization under this contract or otherwise.

12.4.2 All NSPA furnished property, together with all property acquired by the Contractor title to which vests in NSPA under this paragraph, is subject to the provisions of this clause and is hereinafter collectively referred to as "NSPA property". Title to NSPA property shall not be affected by the incorporation or attachment thereof to any property owned or leased by the Contractor, nor shall such NSPA property or any part thereof be or become a fixture or lose its identity as a personality by reason of affixation to any realty. For the purposes of this clause, it shall be assumed that title to property furnished under this contract is vested in NSPA even though it may, in actuality, be owned by one or more NSPA customers or NATO member countries.

12.5 Property Administration

The Contractor shall comply with the provisions of this contract identified as "Property Administration".

12.6 Use of NSPA Property

NSPA property shall, unless otherwise provided herein or approved by NSPA be used only for the performance of this contract.

12.7 Utilization, Maintenance and Repair of NSPA Property

The Contractor shall maintain and administer, in accordance with sound industrial practice, and in accordance with any other applicable provision as may be specified in the contract, a program for the utilization, maintenance, repair, protection and preservation of NSPA property, until disposed of by the Contractor, in accordance with this clause. In the event that any damage occurs to NSPA property the risk of which had been assumed by NSPA under this contract, NSPA shall replace such items or the Contractor shall make such repair of the property as NSPA directs; provided, however, that if the Contractor cannot effect such repair within the time required, the Contractor shall dispose of such property in the manner directed by NSPA. The contract price includes no compensation to the Contractor for the performance of any repair or replacement for which NSPA is responsible and an equitable adjustment will be made in any contractual provisions affected by such repair or replacement of NSPA property made at the direction of NSPA, in accordance with the procedures provided for in the "Changes" clause of this contract. Any repair or replacement for which the Contractor is responsible under the provisions of this contract shall be accomplished by the Contractor at his own expense.

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12.8 Risk of Loss

12.8.1 Except for losses, destruction or damage resulting from a failure of the Contractor due to wilful misconduct or lack of good faith of any of the Contractor's managerial personnel as defined herein, to maintain and administer the program for the maintenance, repair, protection and preservation of NSPA property as required by paragraph 12.7 hereof, and except as specifically provided in this contract, the Contractor shall not be liable for loss or destruction or damage to the NSPA property provided under this contract:

12.8.1.1 caused by any peril while the property is in transit off the Contractor's premises; or 12.8.1.2 caused by any of the following perils while the property is on the Contractor's or subcontractor's premises or on any premises where such property may properly be located, or by removal therefrom because of any of the following perils, called “excepted perils”:

- fire, lightning, windstorm, cyclone, tornado, hails; explosion; riot, riot attending a strike, civil commotion; vandalism and malicious mischief; sabotage; aircraft or objects falling therefrom; vehicles running on land or tracks; excluding vehicles owned or operated by the Contractor or any agent or employee of the Contractor; smoke; sprinkler leakage; earthquake or volcanic eruption; flood, meaning thereby rising of a body of water; nuclear reaction, nuclear radiation or radioactive contamination; hostile or warlike action, including action in hindering, combating, or defending against an actual, impending or expected attack by any government or sovereign power (de jure or de facto), or by any authority using military, naval, or air forces; or by an agent of any such government, power, authority or forces; or,

- other peril, of a type not listed above, as may be specified in the contract.

12.8.2 If the Contractor transfers NSPA property to the possession and control of a subcontractor, the transfer shall not affect the liability of the Contractor for loss or destruction of or damage to the property as set forth above. However, the Contractor shall require the subcontractor to assume the risk of, and be responsible for, any loss or destruction of or damage to the property while in the latter's possession or control, except to the extent that the subcontract, with the prior approval of NSPA, provides for the relief of the subcontractor from such liability. In the absence of such approval, the subcontract shall contain appropriate provisions requiring the return of all NSPA property in as good condition as when received, except for reasonable wear and tear or for the utilization of the property in accordance with the provisions of the prime contract.

12.8.3 The term "Contractor's managerial personnel" as used herein means the Contractor's directors, Officers and any of his managers, superintendents, or other equivalent representatives who have supervision or direction of:

- all or substantially all of the Contractor's business;

- all or substantially all of the Contractor's operation at any one plant or separate location at which the contract is being performed;

- a separate and complete major industrial operation in connection with the performance of this contract.

12.8.4 The Contractor represents that he/she is not including in the price hereunder, and agrees that he/she will not hereafter include in any price to NSPA, any charge or reserve for insurance (including any self insurance funds or reserve) covering loss or destruction of or damage to the NSPA property caused by any excepted peril.

12.8.5 Upon the happening of loss or destruction of or damage to any NSPA property caused by an excepted peril, the Contractor shall notify NSPA thereof and shall take all reasonable steps to protect the NSPA property from further damage, separate the damaged and undamaged NSPA property, put all the NSPA property in the best possible order, and furnish to NSPA a statement of:

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- the lost, destroyed and damaged NSPA property;

- the time and origin of the loss, destruction, or damage;

- all known interests in commingled property of which the NSPA property is a part; and

- the insurance, if any, covering any part of or interest in such commingled property.

12.8.6 The Contractor shall be entitled to an equitable adjustment in the contract price for the expenditures made by him/her in performing his obligations under this subparagraph 12.8.5 in accordance with the procedures provided for in the "Changes" clause of this contract.

12.8.7 With the approval of NSPA after loss or destruction of or damage to NSPA property, and subject to such conditions and limitations as may be imposed by NSPA, the Contractor may, in order to minimize the loss to NSPA or in order to permit resumption of business or the like, sell for the account of NSPA any item of NSPA property which has been damaged beyond practicable repair, or which is so commingled or combined with property of others, including the Contractor's, that separation is impracticable.

12.8.8 Except to the extent of any loss or destruction of or damage to NSPA property for which the Contractor is relieved of liability under the foregoing provisions of this clause, and except for reasonable wear and tear or depreciation, or the utilization of the NSPA property in accordance with the provisions of this contract, the Contractor assumes the risk of, and shall be responsible for, any loss or destruction of or damage to NSPA property, and such property (other than that which is permitted to be sold) shall be returned to NSPA in as good condition as when received by the Contractor in connection with this contract, or as repaired under paragraph 12.7 above.

12.8.9 In the event the Contractor is reimbursed or compensated for any loss or destruction of or damage to the NSPA property, caused by an excepted peril, he/she shall equitably reimburse NSPA. The Contractor shall do nothing to prejudice NSPA's rights to recover against third parties for any such loss, destruction or damage and, upon the request of NSPA, shall at NSPA's expense, furnish to NSPA all reasonable assistance and cooperation (including the prosecution of suit and the execution of instruments of assignment in favour of NSPA) in obtaining recovery. In addition, where a subcontractor has not been relieved from liability for any loss or destruction of or damage to NSPA property, the Contractor shall enforce the liability of the subcontractor for such loss or destruction of or damage to the NSPA property, for the benefit of NSPA.

12.9 Access

NSPA and any person designated by it, shall at all reasonable times have access to the premises wherein any NSPA property is located, for the purpose of inspecting the NSPA property.

12.10 Final Accounting and Disposition of NSPA Property

Upon the completion of this contract, or at such earlier dates as may be fixed by NSPA, the Contractor shall submit, in a form acceptable to NSPA inventory schedules covering all items of NSPA property not consumed in the performance of this contract (including any resultant scrap) or not theretofore delivered to NSPA, and shall prepare for shipment, deliver f.o.b. origin, or dispose of the NSPA property, as may be directed or authorized by NSPA. The net proceeds of any such disposal shall be credited to the contract price or shall be paid in such other manner as NSPA may direct.

12.11 Restoration of Contractor's Premises and Abandonment

Unless otherwise provided herein, NSPA:

12.11.1 may abandon any NSPA property in place, and thereupon all obligations of NSPA regarding such abandoned property shall cease; and

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12.11.2 has no obligation to the Contractor with regard to restoration or rehabilitation of the Contractor's premises, neither in case of abandonment of property, disposition thereof on completion of need of the Contractor, nor otherwise, except for restoration or rehabilitation costs which are properly included in an equitable adjustment under paragraph 12.8.5 above.

12.12 Communications

All communications issued pursuant to this clause shall be in writing.

Clause 13 - DISPUTES

13.1 Any dispute arising out of this contract shall be settled by arbitration.

13.2 The party instituting the arbitration proceedings shall advise the other party by registered letter, with official notice of delivery, of his desire to have recourse to arbitration. Within a period of thirty days from the date of receipt of this letter, the parties shall jointly appoint an arbitrator. In the event of failure to appoint an arbitrator, the dispute or disputes shall be submitted to an Arbitration Tribunal consisting of three arbitrators, one being appointed by NSPA, another by the other contracting party, and the third, who shall act as President of the Tribunal, by these two arbitrators. Should one of the parties fail to appoint an arbitrator during the fifteen days following the expiration of the first period of thirty days, or should the two arbitrators be unable to agree on the choice of the third member of the Arbitration Tribunal, within thirty days following the expiration of the said first period, the appointment shall be made, within twenty one days, at the request of the party instituting the proceedings, by the Secretary General of the Permanent Court of Arbitration in the Hague.

13.3 Regardless of the procedure concerning the appointment of this Arbitration Tribunal, the third arbitrator will have to be of a nationality different from the nationality of the other two members of the Tribunal.

13.4 Any arbitrator must be of the nationality of any one of the member nations of NATO and shall be bound by the rules of security in force within NATO.

13.5 Any person appearing before the Arbitration Tribunal in the capacity of an expert witness shall, if he/she is of the nationality of one of the member nations of NATO, be bound by the rules of security in force within NATO, if he is of another nationality, no NATO classified documents or information shall be communicated to him.

13.6 An arbitrator who, for any reason whatsoever, ceases to act as an arbitrator shall be replaced under the procedure laid down in the second paragraph of this article.

13.7 The Arbitration Tribunal will take its decisions by a majority vote. It shall decide where it will meet and, unless it decides otherwise, shall follow the arbitration procedures of the International Chamber of Commerce in force at the date of the signature of the present contract.

13.8 The awards of the arbitrator or of the Arbitration Tribunal shall be final and there shall be no right of appeal or recourse of any kind. These awards shall determine the apportionment of the arbitration expenses.

Clause 14 - GOVERNING LAW

Except as otherwise provided in this contract, this contract shall be governed, interpreted and construed in accordance with French law and such law shall govern in the event of arbitration.

Clause 15 - EXAMINATION OF RECORDS

15.1 This clause is applicable to this contract only:

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15.1.1 if the price, or any of the prices, to be paid for the supplies and/or services to be furnished hereunder is/are other than (a) firm fixed price(s);

15.1.2 if this contract is terminated by NSPA, in whole or in part, and the Contractor submits a termination claim as a result thereof, or

15.1.3 in the event a dispute arises between the parties and arbitration proceedings are instituted pursuant to the clause of this contract entitled "Disputes".

15.2 The Contractor agrees that NSPA or any of its duly authorized representatives shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine any pertinent books, documents, papers, and records of the Contractor involving transactions related to this contract.

15.3 The Contractor further agrees to include in all his subcontracts hereunder a provision substantially as set forth in this clause, including this paragraph. In addition a provision is to be added in such subcontracts to the effect that the auditing of the subcontractors' books, documents, papers and records involving transactions related to the subcontract may be performed by the subcontractors' national auditing services.

15.4 The period of access and examination described in paragraphs 15.2 and 15.3 above for records which relate to either appeals under the "Disputes" clause of this contract or litigation, or the settlement of claims arising out of the performance of this contract, shall continue until such appeals, litigation or claims have been disposed of.

Clause 16 - MISCELLANEOUS

16.1 The entire agreement between the contracting parties is contained in this contract and is not affected by any oral understanding or representation whether made previous to or subsequent to this contract.

16.2 The Contractor is considered to have fully read all terms, clauses, specifications and detailed special conditions stipulated in this contract. He unreservedly accepts all the terms thereof.

16.3 In the event of any disagreement between the original text of this contract and any translation into another language, the original text will govern.

16.4 All written correspondence and reports by the Contractor to NSPA shall be in the language in which this contract is written.

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EXHIBIT : TERMINATION FOR CONVENIENCE OF NSPA

1. The performance of work under this contract may be terminated by NSPA in accordance with this PART in whole or from time to time in part, whenever NSPA shall determine that such termination is in the best interest of NSPA, or of the customer country. Any such termination shall be effected by delivery to the Contractor of a written Notice of Termination specifying the extent to which performance of work under this contract is terminated, and the date upon which such termination becomes effective.

2. After receipt of a Notice of Termination and except as otherwise directed by NSPA the Contractor shall :

a. Stop work under the contract on the date and to the extent specified in the Notice of Termination;

b. Place no further orders or subcontracts for materiels, services or facilities except as may be necessary for completion of such portion of the work under the contract as is not terminated;

c. Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination;

d. Assign to NSPA in the manner, at the time, and to the extent directed by NSPA all of the rights, title, and interest of the Contractor under the orders and/or subcontracts so terminated, in which case NSPA shall have the right, in its discretion to settle or pay any or all claims arising out of the termination of such orders and subcontracts;

e. Settle all outstanding liabilities and all claims arising out of such termination of orders or subcontracts with the approval or ratification of NSPA, to the extent NSPA may require, which approval or ratification shall be final and conclusive for all purposes of this Part;

f. Transfer title to NSPA to the extent that title has not already been transferred and deliver to NSPA in the manner, at the time, and to the extent, if any, directed by NSPA :

(1) the fabricated or unfabricated parts, work in process, completed work, supplies and other materiel produced as a part of or acquired in connection with the performance of the work terminated by the Notice of Termination,

(2) the completed or partially completed plans, drawings, information, and other property which, if the contract had been completed, would have been required to be furnished to NSPA, and,

(3) the jigs, dies and fixtures, and other special tools and tooling acquired or manufactured for the performance of this contract, if expressly required by NSPA, for the cost of which the Contractor has been or will be reimbursed under this contract;

g. Use his best efforts to sell in the manner, at the times, to the extent, and at the price or prices directed or authorized by NSPA any property of the types referred to in subparagraph f. above, provided however, that :

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(1) the Contractor shall not be required to extend credit to any purchaser,

(2) the Contractor may acquire any such property under the conditions prescribed by and at the price(s) approved by NSPA, and

(3) the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by NSPA to the Contractor under this contract or shall otherwise be credited to the price or cost of the work covered by this contract or paid in such other manner as NSPA may direct.

h. Complete performance of such part of the work as shall not have been terminated by the Notice of Termination, and

i. Take such action as may be necessary, or as NSPA may direct, for the protection and preservation of the property related to this contract which is in the possession of the Contractor and in which NSPA has or may acquire an interest.

3. a. The Contractor shall submit to NSPA, not later than sixty (60) days after receipt of a Notice of Termination, a list containing :

(1) the state of the completion of his plans and production under this contract and those of his orders and subcontracts,

(2) actions planned or initiated by the contractor in order to fulfill his obligations under paragraph 2. above.

b. NSPA shall be entitled to be represented during the Contractor's preparation of the list mentioned in subparagraph a. above.

4. a. After receipt of a Notice of termination, the Contractor shall submit to NSPA its termination claim, in the form and with the certification prescribed by NSPA. Such claim shall be submitted promptly but in no event later than nine (9) months from the effective date of termination, unless one or more extensions in writing are granted by NSPA, upon request of the Contractor made in writing within such nine (9) months period or extension thereof, if NSPA determines that the facts justify such action.

b. Upon failure of the Contractor to submit his termination claim within the time allowed, NSPA may, subject to the provisions of paragraph 6. below, determine on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall thereupon pay the Contractor the amount so determined. NSPA's decision on the amount due to the Contractor shall in such case, be final, subject to no appeal nor arbitration. However, the decision of NSPA relative to whether an extension of time should be granted shall be subject to appeal as a "dispute" within the meaning of the Clause entitled "Disputes" in the General Provisions.

5. Subject to the provisions of paragraph 4. above, the Contractor and NSPA agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination or work pursuant to this Part, which amount or amounts may include a reasonable allowance for profit on work done, provided the contract terms do not otherwise prohibit the allowance of profit on items thereunder, and provided that such agreed amount or amounts, exclusive of settlement costs, shall not NATO UNCLASSIFIED 04-Aug-20 Page 2 of 4

exceed the total contract price as reduced by the amount or payments otherwise made and as further reduced by the contract price of work not terminated. The Contract shall be amended accordingly and the Contractor shall be paid the agreed amount. Nothing in paragraph 6. below, prescribing the amount to be paid to the Contractor in the event of failure of the Contractor and NSPA to agree upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this Part, shall be deemed to limit, restrict, or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph 5.

6. If NSPA terminates the contract according to this PART and the Contractor and NSPA fail to agree in whole or in part on the amount to be paid to the Contractor by reason of the termination of work pursuant to this PART as provided in paragraph 5. above, the Contractor shall be entitled to the following reimbursement :

a. For completed supplies accepted by NSPA (or sold or acquired as provided in paragraph 2.g. above) and not paid for previously, a sum equivalent to the aggregate price of such supplies computed in accordance with the price or prices specified in the contract, appropriately adjusted for any saving of freight or other charges.

b. (1) the costs incurred in the performance of the work terminated, including initial costs and preparatory expenses allocable thereto, but exclusively of any costs attributable to supplies and/or services paid, or to be paid for under subparagraph a. above.

(2) the cost of settling and paying claims arising out of the termination of work under subcontracts or orders, as provided in paragraph 2.e. above, which are properly chargeable to the terminated portion of the contract exclusive of amounts paid or payable on account of supplies or materiels delivered or services furnished by subcontractors or vendors prior to the effective date of the Notice of Termination, which amounts shall be included in the costs payable under (1) above, and,

(3) a sum, as a profit, equal to two percent (2 %) of that part of the amount determined under (1) above, which represents the costs of articles and materiels not processed by the Contractor, plus a sum equal to eight percent (8 %) of the remainder of such amount, but the aggregate of such sums shall not exceed six percent (6 %) of the whole of the amount determined under (1) above, which amount for the purpose of this subdivision (3) shall exclude any charges for interest on borrowings, provided, however, that if its appears that the Contractor would have sustained a loss on the entire contract had it been completed, no profit shall be included or allowed under this subdivision (3) and an appropriate adjustment shall be made reducing the amount of the settlement to reflect the indicated rate of loss.

c. The reasonable costs of settlement including accounting, legal, clerical and other expenses reasonably necessary for the preparation of settlement claims and supporting data with respect to the terminated portion of the contract and for the termination and settlement of subcontracts thereunder, together with reasonable storage, transportation, and other costs incurred in connection with protection or disposition of property allocable to this contract;

d. The total sum to be paid to the Contractor under subparagraphs a. and b. of this paragraph 6., shall not exceed the total contract price as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated. Except for normal spoilage, and except to the extent that NSPA shall have otherwise expressly assumed the risk of loss, there shall be excluded from the amounts payable to the Contractor as provided in paragraph a. above and paragraph b.

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(1) above, the fair value, as determined by NSPA of property which is destroyed, lost, stolen or damaged, so as to become undeliverable to NSPA, or to a buyer pursuant to paragraph 2.g. above.

e. In arriving at the amount due to the Contractor under this clause there shall be deducted :

(1) all unliquidated advance or other payments on account therefor, previously made to the Contractor, applicable to the terminated portion of this contract.

(2) any claim which NSPA may have against the Contractor in connection with this contract, and,

(3) the agreed price for, or the proceeds of the sale of, any materiels, supplies or other things acquired by the Contractor or sold, pursuant to the provisions of this clause, and not otherwise recovered by or credited to NSPA.

f. If the termination hereunder be partial, prior to the settlement of the terminated portion of this contract, the Contractor may file a request in writing for an equitable adjustment of the price or prices specified in the contract relating to the continued portion of the contract, i.e. the portion not terminated by the Notice of Termination, and such equitable adjustment as may be agreed upon shall be made in such price or prices.

7. NSPA may from time to time, under such terms and conditions as it may prescribe, make partial payments and payments on account against costs incurred by the Contractor in connection with the terminated portion of this contract whenever, in the opinion of NSPA, the aggregate of such payments shall be within the amount to which the Contractor will be entitled hereunder. If the total of such payments is in excess of the amount finally agreed or determined to be due under this Part, such excess shall be payable by the Contractor to NSPA upon demand, together with interest computed at the rate of six percent (6 %) per annum, for the period from the date such excess payment is received by the Contractor to the date on which such excess is repaid to NSPA, provided, however, that no interest shall be charged with respect to any excess payment attributable to a reduction in the Contractor's claim by reason of retention or other disposition of termination inventory until ten (10) days after the date of such retention or disposition, or such later date as determined by NSPA by reason of the circumstances.

8. Except as otherwise provided for in this contract, or by applicable statute, the Contractor, from the effective date of termination and for a period of three (3) years after final settlement under this contract, shall preserve and make available to NSPA at all reasonable times at the office of the Contractor but without direct charge to NSPA, all his books, records, documents and other evidence bearing on work terminated hereunder or to the extent approved by NSPA, photographs, microphotographs, or other authentic reproduction thereof.

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NT52070003 STATEMENT OF WORK (SOW)

Air and Land Combat Systems Programme Office FOR: Slovakia

OPR: LM-TL ORIGINAL: English VERSION: 4 07 July 2020

Spike ILS and training support

FINAL

This document contains NSPA proprietary information. Reproduction or disclosure of any part without prior approval by NSPA is not permitted.

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Spike ILS and training support 7 July 2020

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Spike ILS and training support 7 July 2020

TABLE OF CONTENTS

1 SCOPE ...... 3 2 APPLICABLE DOCUMENTS ...... 3 3 GENERAL REQUIREMENTS ...... 3 4 SPECIFIC REQUIREMENTS ...... 4 5 QUALITY REQUIREMENTS ...... 6

TABLE OF ANNEXES

ANNEX 1 – HEADER ...... 1 - 1

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1 SCOPE

1.1 Purpose

1.1.1 The purpose of this Statement of Work is to define the support services that shall be provided by the Contractor in order to make the Spike system operational in the Slovakian armed forces.

1.2 Background

1.2.1 SVK procured the Spike system and needs a full ILS package, including training and a stock of spare parts and tools in order to field their system.

2 APPLICABLE DOCUMENTS

2.1 AQAP 2131Ed C NATO Quality Assurance Requirements for Final Inspection and Test

3 GENERAL REQUIREMENTS

3.1 Scope Of Work

3.1.1 The Contractor, shall perform upon receipt of the NSPA relevant Purchase Order, all activities necessary in order to field the Spike system, including:

3.1.1.1 Provision of material support

3.1.1.2 Provision of training – transfer of knowledge

3.1.1.3 Provision of technical documentation

3.2 Locations

3.2.1 The services or material shall be provided in Slovakia.

3.3 Risk Management Requirements

3.3.1 The Contractor shall provide a catalogue of risks and opportunities linked to the performance of this SOW including a risk assessment analysis and mitigation proposal.

3.3.2 This catalogue of risks and opportunities shall demonstrate that the Quality Management System associated to this SOW can achieved its intended results, enhance desirable effects and prevent, or reduce, undesired effects.

3.3.3 This catalogue will be provided with the proposal1 and in review meetings

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Spike ILS and training support 7 July 2020

4 SPECIFIC REQUIREMENTS

4.1 Provision Of Material Support

4.1.1 The Contractor shall provide an ILS package containing spare parts and tools in order to maintain the system. A list of the required ILS package can be found in Annex 1.

4.1.2 All delivered tools shall be sufficient to perform all O-level maintenance tasks and be sufficient to support the trainings (see Par 4.2.)

4.1.3 The material shall be in accordance with the latest in-use Configuration as detailed in the OEM TDP. Unless otherwise agreed by NSPA, the material shall be of new production and neither reconditioned nor refurbished.

4.1.4 Each supplied item shall be delivered with a Certificate of Conformity.

4.1.5 When applicable, Operator and Maintainer Manuals as well as a Technical Data Sheet shall be provided. In case of delivery of HAZMAT parts, the Material Safety Data Sheet shall also be included.

4.1.6 In the deliveries, each single package shall carry a label with at least manufacturer identification, product name, NSN (if applicable), Part Number.

4.1.7 The Contractor shall deliver the material to the location and address specified in the Purchase Order.

4.2 Provision Of Training support – Transfer Of Knowledge

4.2.1 The Contractor shall provide the following trainings to the Slovakian armed forces.

4.2.1.1 Spike iCLU/LR2 operator course

4.2.1.2 Spike LR2 IDT course

4.2.1.3 Spike iCLU maintenance course

4.2.2 The trainings will utilize and incorporate the special tools and equipment listed in Annex 1. If this ILS package is not delivered in time, the Contractor will ensure that the tools are available during the courses.

4.2.3 The training shall take place in SVK, exact location will be on Purchase order.

4.2.3.1 The Contractor shall specify the requirement for the training venue (e.g. classroom, workshop, training area). This data shall be provided to the assigned NSPA POC in principle 2 months before the training is held. Exact timeline to be agreed between both parties.

4.2.4 The Contractor shall specify the maximum amount of participants for each training and the training duration.

4.2.5 Training documentation

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4.2.5.1 All documentation and manuals related to the courses shall be in English, to be provided in electronic PDF or Microsoft Office format in principle 1 month before the planned date of the training course. Exact timeline to be agreed between both parties.

4.2.5.2 The Contractor shall provide to all students training documentation (in hard copy) and shall provide as well other consumable materials, as required for the delivery of Training.

4.2.5.3 The Contractor shall provide a certificate to the participants of the courses, certifying that they successfully completed the course.

4.3 Provision of technical documentation

4.3.1 The contractor shall provide the technical documentation necessary to conduct the activities connected to the training courses. It shall include operator manual, IDT manual and O-level maintenance manual.

4.3.2 The technical documentation shall be provided in English language.

4.3.3 The technical documentation shall be properly identified including the following information in the cover page: unique identification number, revision number, publication date, Title, security classification.

4.3.4 Technical content shall be presented in language free of vague and ambiguous terms, using the simplest words and phrases that will convey the intended meaning. All essential information shall be included, either by direct statements or by reference. Nomenclature shall be consistent within a manual and throughout directly related manuals.

4.3.5 Hazardous Material shall be clearly identified in the part list and manuals as well a safety precaution when applicable.

4.3.6 At least 2 EA hardcopies and 1 EA copy in electronic format (PDF/A-1) shall be provided for each document.

4.3.7 The Illustrated Parts Catalogue shall be a part of the O-level maintenance manual and contain at least the following parts/information:

4.3.7.1 Material preceding the first chapter shall consist of the following as applicable, in the order specified:

• Cover/title page including revision number and date and issuing organization. • List of effective pages • Table of contents • List of illustrations • List of tables • Safety summary (containing dangers, warnings & cautions).

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4.3.7.2 Group Assembly Parts List (GAPL)

• Figure and Index • Part number • Part name and description • Quantity per assembly • Commercial and Government entity (CAGE) Code • NATO Stock Number column (filled with NSNs if exists) • Parts Breakdown illustrations

4.3.7.3 Numerical index of part numbers

5 QUALITY REQUIREMENTS

5.1 The Contractor shall meet the requirements of AQAP 2131 Ed C NATO Quality Assurance Requirements for Final Inspection and Test.

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ANNEX 1 Spike ILS and training support 7 July 2020

ANNEX 1 – ILS SPARE PART PACKAGE

# Description System QTY Remark TORQUE WRENCH, SCREWDRIVER, 1 GENERAL 2 ADJUSTABLE, 2 - 36 LB X IN TORQUE WRENCH, SIDE WRENCH, 2 GENERAL 2 ADJUSTABLE, 30-175 LB INCH 3 ALLEN HEX TYPE WRENCH TOOL KIT NO. 4320 GENERAL 2 ALLEN SET + HANDLE + EXTENDER INCLUDES 11 PCS , 4 GENERAL 2 0.05",1/16",5/64",3/32",7/64",1/8", 9/64", 5/32", 3/16" BALLPOINT ALLEN HEX SOCKET TYPE 5 GENERAL 2 SCREWDRIVER SET 11 PCS OPEN END, 7/16", STANDARD SIZE "A" 6 GENERAL 2 ADAPTER THE BAG-MINI, EXTRA WIDE POLYESTER FOR 7 HAND-TOOLS, 410X230X260MM, 1.45KG, 19 GENERAL 2 POCKETS, SHOWER PROOF HEAVY DUTY CUTTER; L= 180MM, ALLOY 8 GENERAL 2 STEEL 9 TORQ-SET BIT NO. 2; L=50MM; DRIVE 1/4" HEX GENERAL 10 TORQ-SET BIT NO. 4; L=50MM; DRIVER 1/4" 10 GENERAL 10 HEX TORQ-SET BIT NO. 6; L=50MM; DRIVER 1/4" 11 GENERAL 10 HEX ADAPTER FOR XCELITE SERIES 99 BLADES 12 GENERAL 2 TO 1/4" HEX POWER BIT WRENCHES BIT HOLDER/DRIVE - LOOSE, FOR 1/4 HEX 13 GENERAL 2 BITS; L=150MM; 210G 14 PLASTIC HAMMER DIA. 40 MM, 550 GRAM GENERAL 2 MECHANICS SNIPE NOSE PLIERS; HALF 15 GENERAL 2 ROUND; LONG TAPERING; L=200 16 PARALLEL PIN PUNCH, SIZE:150*8; 8MM GENERAL 2 ALLEN HEX SOCKET SCREWDRIVER SET, 9 17 GENERAL 2 PIECES, METRIC SCREWDRIVER-SLOTTED, FLARED TIP 18 GENERAL 2 8X150MM 19 GUIDING PIN TOOL ICLU 2 20 LEG TOOL TRIPOD 2 21 LEG END INSERT JIG TRIPOD 2 TRN 22 NUT TOOL 2 ROUND 23 EPS POWER LAMP KIT EPS 2 24 EPS HANDLE KIT EPS 2 25 OUTPUT HARNESS FOR ICLU EPS 1 NATO UNCLASSIFIED

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ANNEX 1 Spike ILS and training support 7 July 2020

26 INPUT HARNESS EPS 1 VEHICLE CONNECTING CABLE L=500 MM 27 EPS 1 WITH JUMP 2 CLAMPS 28 KUPPLUNG 2-POLIG 32 MM2 EPS 1 TRN 29 DESICCANT BAGS (2 PCS) 16 ROUND TRN 30 CLR CUSHIONS SET 3 ROUND TRN 31 MISSILE DOOR KIT 8 ROUND TRN 32 GUIDING PIN INSERT KIT 8 ROUND TRN 33 PIN ASSY 8 ROUND TRN 34 CARRYING HANDLE 5 ROUND TRN 35 ANTI ROLL PIN SLIDER KIT 5 ROUND 36 LOCKING HANDLE KIT TRIPOD 4 37 UPPER LATCH KIT TRIPOD 4 38 CANISTER CRADLE KIT TRIPOD 4 39 DIAL RING LOCKER KIT TRIPOD 4 40 LEG END TRIPOD 8 41 LEG KIT TRIPOD 4 42 LEG BRAKE KIT TRIPOD 8 43 LEG BELT TRIPOD 6 44 CARRYING HANDLE KIT ICLU 2 45 EYE GUARD KIT ICLU 4 46 FRONT COVER KIT ICLU 2 47 VIS. PROTECTOR KIT ICLU 3 48 IR PROTECTOR KIT ICLU 3 49 LRF PROTECTOR KIT ICLU 3 50 SUPPORTING LEG KIT ICLU 4 51 REAR SLIDER KIT ICLU 3 52 TRIPOD INTERFACE KIT ICLU 2 53 TRAY KIT ICLU 2 54 TRAY BUMPER KIT ICLU 10 55 TRAY WHEELS KIT ICLU 4 56 FRONT SLIDER KIT ICLU 3 57 MSL LOCKER KIT ICLU 3 58 LOCKING HANDLE KIT ICLU 4 59 CONNECTOR DOOR KIT ICLU 4 60 GUIDING PIN ICLU 3

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61 ANTI ROLL PIN KIT ICLU 4 62 POWER CONNECTOR CAP KIT ICLU 4 63 SERVICE CONNECTOR 19 CAP KIT ICLU 4 64 SERVICE CONNECTOR 15 CAP KIT ICLU 4 65 BNC CONNECTOR CAP KIT ICLU 4 66 BATTERY LOCK KIT ICLU 4 67 BATTERY SUPPORT KIT ICLU 5 TRN 68 TRIPOD MOUNT 5 ROUND SCREW, CAP SOCKET HEAD 0.138-32 UNRC- TRN 69 3A X 0.250", ASME B18.3 CRES 316, BLACK 5 ROUND OXIDE, SELF LOCKING PATCH tube velcro stickers, LOOP FASTENER,SCOTCH TAPE,NYLON BASE MATERIAL WUTH ACRYLIC TRN 70 15 BASE BINDER ADHESIVE,WIDTH 1.5"(40MM), ROUND COLOUR BLACK.

LCD MONITOR DRAWER, BLACK COLOR, 1U 71 IDT 1 19" 72 ICLU MAIN HARNESS W1 IDT 1 73 ICLU SUDOCU INTERFACE UNIT IDT 1 74 IDT TRIPOD IDT 1 75 IDT ICLU IDT 1 (priced separately as an option) 76 ROUND TWISTED LACING CORD ICLU 1 - 77 ACETONE General 1 5 Liter 78 ETHANOL General 1 2,5 Liter 79 LOCTITE 638 General 2 100 ML 80 LOCTITE 243 General 2 100 ML 81 RTV 162 ICLU 2 166 ML 82 COTTON TIP APPLICATOR ICLU 2 - 83 CLEANING TISSUES ICLU 1 - 84 AERO-DUSTER ICLU 1 397.78 ML 85 LENS CLEANING PAPER ICLU 1 -

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