RFP DOZ21012

Dear Sir/Madam,

The NATO Support and Procurement Agency has a requirement for the supply of the materiel described in the Statement of Works and in the “List of Items” attached to this Request for Proposal (RFP).

You are invited to submit a firm fixed price proposal, based on delivery – DAP ,Taranto, (INCOTERMS 2020).

Partial Bidding is not accepted.

The proposal submitted in response to this RFP is binding offer and, on acceptance by NSPA, constitutes a binding contract.

Table of contents

1. TAX EXEMPTION ...... 2 2. CONSIDERATION OF ALL INFORMATION ...... 2 3. BIDDER'S RESPONSIBILITY ...... 3 3.1 FORMER NSPA STAFF ...... 3 4. BALANCING OF PRODUCTION...... 3 5. GEOGRAPHICAL LIMITATIONS ...... 3 6. EVALUATION CRITERIA ...... 4 7. ALTERNATIVE ITEM(S) ...... 5 8. AUTHORISED SIGNATURE ...... 5 9. VALIDITY ...... 5 10. PRICES, CURRENCY AND PAYMENT ...... 6 11. CONDITION OF MATERIEL ...... 6 12. QUALITY ASSURANCE ...... 6 13. LATE OFFERS ...... 6 14. NO NSPA COMMITMENT ...... 7 15. PRE-AWARD SURVEY ...... 7 16. INSTRUCTIONS FOR PROPOSAL FORWARDING ...... 7 17. INFORMATION ON BIDDING ...... 8 18. BID OPENING ...... 8 19. NSPO PROCUREMENT REGULATIONS / NSPA OPERATING INSTRUCTION ...... 8 20. PUBLICATION OF CONTRACT AWARDS ...... 8 EXHIBIT II: PARTICIPATING NATIONS ...... 13 EXHIBIT III: DECLARATION OF ELIGIBILITY TEMPLATE ...... 14

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1. TAX EXEMPTION NSPA, as a subsidiary body of NATO, is, by application of the Agreement on the status of the North Atlantic Treaty Organization, National Representatives and International Staff signed in Ottawa on 20 September 1951 (the Ottawa Agreement), exempt from all taxes and duties.

NSPA is therefore exempt from all customs duties on imports and exports, from excise duties and from taxes on the sale of movable and immovable property which form part of the price, including VAT, to be paid on purchases made for the official use of NATO.

Nevertheless, the tax authorities granted NSPA with a VAT number LU 15413172 applicable to transaction within the scope of the EU VAT.

All prices and rates quoted shall be exclusive of any taxes and duties pursuant to the exemption from taxes and duties provided for by the Ottawa Agreement or any other applicable exemption, including relevant intracommunity VAT exemptions.

However, in case the bidder determines that any taxes or duties, including VAT, are applicable or might be claimed by competent fiscal authorities, the bidder shall specify in the proposals, bids or offers submitted to NSPA the nature and amount of such taxes or duties. In determining the lowest and technically compliant proposal, bid or offer and in awarding the Contract, the proposal, bid or offer of the bidder will be deemed to include such taxes or duties.

Where the bidder fails to identify the applicable taxes or duties or fails to specify correctly the amount of such taxes or duties, the bidder, if awarded the Contract, may be liable for the payment of such taxes or duties as NSPA reserves its right to refuse any invoice applying an incorrect tax or duty regime or an erroneous interpretation of national tax laws.

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.

Clarification Questions:

The Bidder may seek clarification concerning the content of the Request for Proposal (RFP) package. The NSPA Procurement Official is the only authority that can provide binding instructions or clarification through written confirmation.

All queries related to this RFP and its Appendixes, Annexes etc. are to refer to DOZ21012 and to be addressed the following email procurement140@nspa..int using the RFP Questions and Answers template provided in the solicitation package.

Any changes and/or clarifications and revisions made to the RFP package shall be posted on the NSPA e-Portal referencing the RFP Collective Number DOZ21012.

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3. BIDDER'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 contract 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 contract 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 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. GEOGRAPHICAL LIMITATIONS Procurement shall be limited to firms or governmental services located within NSPO Member Nations, except , , and North (see Exhibit II Participating Nations).

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6. EVALUATION CRITERIA The evaluation of the proposals shall be performed, as follows:

STAGE 1 – Evaluation of proposals

a. Provision of a valid Declaration of Eligibility (DOE) from Bidder’s Embassy in Luxembourg or Bidder’s NATO Delegation in Brussels (in case the Bidder is not already part of NSPA approved sourcing).

No recommendation of award will be made to a Bidder which does not hold a valid Declaration of Eligibility!

Note: Bidder to contact [email protected] to confirm the DOE requirement (DOE Template attached as Exhibit II).

b. Responsiveness and compliance with the conditions of the RFP;

c. Provision to NSPA of an acceptable complete TECHNICAL PROPOSAL demonstrating full compliance with the requirements. The Bidder shall submit a full-fledged proposal inclusive of all mandatory information, documentation and certificates specifically required in the RFP package, as per instructions in Exhibit Part A – Technical Proposal Form. Failure to provide any or all of the mandatory information, documentation and certificates, with the Technical Proposal, by the bid closing date, will trigger the upfront determination of non-compliance of the proposal.

d. Provision to NSPA of your best pricing conditions for the required deliverables. Please refer to guidance in Exhibit Part B – Price Proposal Form. The prices offered as the result of this RFP must be fair and reasonable as determined by NSPA. NSPA reserves the right to request further price substantiation (price breakdown, catalogue prices, copies of contracts with other national and/or international government entities etc.) in order to conduct the evaluation.

The proposal that offers the lowest price and is technically compliant in STAGE 1, shall be considered for STAGE 2 evaluation.

STAGE 2 – Evaluation of proposed materiel NSPA reserves the right to perform a STAGE 2 on-site evaluation in order to verify the technical capabilities of pre-selected Bidder, in accordance with the below instructions.

The Bidder that shall be deemed the lowest priced technically compliant in STAGE 1, shall be notified by NSPA to organize the physical evaluation of the proposed equipment, at the Bidder’s facility. The Bidder shall prepare for evaluation the following equivalent/reference equipment, within maxim 15 days after notice has been issued by NSPA:

 One (1) Wastewater Treatment Plant (WWTP);

 One (1) equalization tank;

 One (1) Draining Bags Dewatering (DBD);

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 One (1) Testing Laboratory Set;

 One (1) wastewater discharge set

The demonstrations/ tests shall be perform by the Bidder at its own expense.

The following compliance shall be demonstrated.

o SOW requirements in paragraph 2 and 3.

o Ability to cope with SOW requirements in paragraph 4 and 5. If the verified equipment fail the test (i.e. discrepancies are identified between any of the presented items, the features described in the technical proposal package and the SOW), the Bidder shall be deemed non-compliant for the proposed material. NSPA is not obliged to allow a second verification.

Consequently, NSPA shall notify and conduct the STAGE 2 evaluation with the Bidder next in line.

The lowest priced, commercially and technically compliant proposal after STAGE 1 and STAGE 2 will be considered for contract award.

7. ALTERNATIVE ITEM(S) If you desire to submit a proposal for an alternative item(s), 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 main proposal submitted in response to this Request for Proposal is the lowest priced technically compliant offer.

Proposals for alternative items shall be submitted with a complete description of the proposed items, and be accompanied with a certificate stating that the items offered are fully interchangeable with the requested items (same form, fit and function) or an explanation given on how they differ.

When a stock number is superseded, the Bidder will so indicate in his offer furnishing the new stock or part number. In case of inconsistency between the National/NATO Stock Number and the Part Number, the NATO Stock Number will govern.

8. 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.

9. 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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10. 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.

11. CONDITION OF MATERIEL The condition of the materiel should be new of current production.

12. QUALITY ASSURANCE The Contractor is responsible for maintaining effective control of the quality of materiel.

The Contractor shall be ISO 9001:2015 certified.

The Contractor is required to meet the requirement of an AQAP 2110 Edition D and the relevant portions of the ISO 9000 series, the Contractor must provide a Certificate of Conformity (CoC). If not the manufacturer, the Contractor shall provide a copy of the CoC received from the original manufacturer.

Government Quality Assurance (GQA) services may be required for the items on the list attached to this RFP.

When GQA services are required, the place of inspection shall be indicated in the proposal if different from the point of delivery.

Information on NATO Quality Assurance Standards may be found at the following web site: http://nso.nato.int/nso/nsdd/ListPromulg.html

13. LATE OFFERS Proposals received after the “Offer Closing Date – 23:59 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.

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14. 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 items solicited with this RFP.

15. 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.

16. 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.

Please submit your offer in three different files, containing: . First file: Cover Letter . Second file: Part A - Technical Proposal . Third file: Part B – Commercial and pricing proposal

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-2 / PP-DE RFP Collective n°: DOZ21012 L-8302 CAPELLEN (Luxembourg)

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17. 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 more than 15 days after the release of the RFP. The formal complaint must detail the specific areas in which it is believed that the requirements of this RFP unduly restrict competition and must request that NSPA suspend the procurement process. The Agency will evaluate the complaint and, within 14 days of receipt respond by either (1) amending the RFP or (2) rejecting the complaint. The decision of the Agency in such cases shall be final.

If your proposal did not result in an award, you will be informed as soon as the award decision has been made. Upon receipt of the notification, if the value of your proposal exceeds EUR 320,000.-, you may request additional general information from the NSPA Point of Contact indicated in this RFP, as to the reasons why your company failed to win the competition.

Your company’s name will remain in the NSPA Source File and will be considered for invitation for any future competitions in this field.

18. BID OPENING The Monday following the bid closing date of this RFP, NSPA will post on its portal, at the following link: https://www.nspa.nato.int/business/procurement/bid-awards, the names of the companies who have submitted an offer within the bidding period of this RFP.

19. NSPO PROCUREMENT REGULATIONS / NSPA OPERATING INSTRUCTION The NSPO Procurement Regulations and the NSPA Operating are available on NSPA’s website under https://www.nspa.nato.int/business/procurement/general-information

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

20. 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 https://www.nspa.nato.int/business/procurement/bid-awards

Enclosures: Exhibit I: Proposal Form and Instruction/Guidance for Preparation of Proposals Exhibit II Participating Nations Exhibit III: Declaration Of Eligibility (DOE) template

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

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

The bidders are requested to maintain the sequence and suitably index the proposal to enable rapid analysis by NSPA.

Part A - TECHNICAL PROPOSAL / CAPABILITY AND QUALIFICATION FORM

This part when duly completed and supplemented with any information as required 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

This part is providing guidance in respect to critical information and documents that shall constitute the bidder’s Technical Proposal. The Technical proposal shall not contain any pricing details.

The TECHNICAL PROPOSAL must include all required data, certificates, information, etc., and must describe in detail the proposed products and the technical characteristics of the materials used.

Failure to provide the mandatory data as per instructions herein, shall lead to upfront non- compliance of the proposal.

1. TECHNICAL COMPLIANCE MATRIX The Bidder shall submit a duly filled in COMPLIANCE MATRIX in accordance with the attached document named “DOZ21012_Annex RFP I - Compliance Matrix Document”

2. TECHNICAL PROPOSAL DOCUMENTATION

The Bidder shall submit all documents, data and information depicted in the attached document named “DOZ21012_Annex RFP II - Documents Required in Proposal”

3. QUALIFICATION/ EXPERIENCE OF THE BIDDER AND SUB-CONTRACTORS

The Bidder shall justify successful engineering, production and delivery in the past 3 years of projects with similar value and level of complexity.

The Bidder or the sub-contractors manufacturing the furniture, appliances and associated equipment shall demonstrate former successful experience in the design, production and testing of similar items.

The Bidder shall be certified ISO 9001:2015 for the design and manufacturing of wastewater treatment systems.

The manufacturers of the subcontracted equipment shall be ISO 9001:2015 certified in the respective field.

The manufacturer of the packaging shall be also ISO 9001:2015 certified.

In accordance with STANAG 4107, NSPA might request Government Quality Assurance (GQA) to the supplying nation(s).

The Bidder shall justify that the structure and size of its companies are adequate to manage and deliver this project on time. This shall include identification of the resources from the Bidder and sub-contractors, identification of the human resources allocated to the project and their position in the Bidders’s/ sub-contractor’s organization..

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4. SUBCONTRACTORS The Bidder shall identify if sub-contractors are to be used and clearly identify the type of work and percentage of total work to be performed. The bidder shall provide in table format names, addresses of sub-contractors, amount and type of work to be sub- contracted and quality standards with the reasons why subcontract(s) are necessary.

Name Address % of total QA standards & Reasons for price subcontracting proposal

Maximum sub-contracts expected ……..%

Brokers are not allowed to bid on this project.

The Bidders shall ensure due compliance with NSPA General Provisions Clause 7 – SPECIAL AREAS, which apply to any material (hardware, software, components, etc) and services that will be supplied in a resulting contract.

5. CONTRACT ADMINISTRATION

The officials designated by the Bidder to administer the contract, if awarded, are:

Contractual matters

Company name: ______

Address: ______

Attn: ______

Phone: ______e-mail: ______

Technical matters:

Company name: ______

Address: ______

Attn: ______

Phone: ______e-mail: ______

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Part B - PRICE PROPOSAL

1. Bidder to confirm acceptance of NSPA Terms and Conditions:

 YES, the bidder fully accepts the terms and conditions provided in the draft Terms and Conditions.

2. TURN-OVER The Bidder shall provide copies of certified financial statements to demonstrate a turnover minimum equal to twice the value of their price proposal over each of the last 2 years (2019 – 2020)

If subcontractors are used, the Bidder shall provide copies of certified financial statements to demonstrate that each selected Sub-contractor had a turnover minimum equal to twice the value of the subcontracted portion, for each of the last 2 years (2019 – 2020).

3. PRICES:

The Bidder shall submit their price proposal in the excel file named “DOZ21012_Annex RFP IV - Price Tender Form”. Bidder shall observe the instructions in the file named DOZ21012_Annex RFP III - Pricing Proposal Instructions”. When complete, bidder shall return the price proposal both in excel and pdf format, along with any required detailed information.

4. PAYMENT TERMS:

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

Bidder shall insert in their commercial proposal any potential prompt payment discount as follows:  For early payment within 20 day, the bidder will grant a ...... % discount.  For early payment within 10 day, the bidder will grant a ...... % discount.

5. 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: ______

SIGNATURE: ______

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EXHIBIT II: PARTICIPATING NATIONS

Capability Package 9A1101 “NATO Response Force (NRF) Assets and Support”, Project 5HQ27105-03 – Wastewater Treatment Systems ”.

Belgium Czech Rep Italy Luxembourg United Stated

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EXHIBIT III: DECLARATION OF ELIGIBILITY TEMPLATE

ANNEX B

DECLARATION OF ELIGIBILITY (DOE) Notification of Intent – DOZ (5HQ27105)

FROM: (Originator)

TO: NSPA

SUBJECT: Expression of interest in ICBs for the implementation of Capability Package (CP) 9A1101 “NATO Response Force (NRF) Assets and Support”, Project 5HQ27105-03, entitled “Provide Wastewater Treatment Systems”.

A. With reference to the ICB procedure described in Annex A to NSPA’s NOI letter, the following (nationality of origin) firms have expressed an interest in receiving the bidding documents:

 “A” Co. Ltd Security Level: NATO Unclassified Address, Contact : Tel. Fax. E-mail Interested: Contract XX Contract YY

 B” Co. Ltd Security Level: NATO Unclassified Address, Contact : Tel. Fax. E-mail Interested: Contract ZZ Contract YY

B. I certify that these firms have the necessary financial, technical and professional competence to be admitted by the Government of ………(country of origin) as Bidders were it responsible for awarding a contract of this nature. All the firms above are security cleared to the level required for this project.

(Signed) Country of Origin

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