Appendix 3 to ITT/AO/1-8052/14/NL/KML

APPENDIX 3

COVER LETTER and PROPOSAL TEMPLATE FOR “EXPRO+”

[N.B. Use this template to prepare your proposal. Once the proposal is complete and internally validated, please remove all captions in red colour, delete all ESA headers/footers, add your own logos, headers/footers prior to finalising your proposal for submission to ESA]

[COVER LETTER]

From: ...... (Tenderer to insert name of the economic operator submitting the tender)

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

To: THE EUROPEAN SPACE AGENCY (ESA)

The European Space Research and Technology Centre (ESTEC),

Keplerlaan 1,

2201 AZ Noordwijk,

The Netherlands,

Attn: Ms Karine Magne-Lie (IPL-PTM).

Subject: AO/1-8052/14/NL/KML - Validation of Flip-Chip Processes and Techniques for Millimetre Wave Applications

Category: ESA Express Procurement Plus – “EXPRO+”

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

Dear Sir or Madam,

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

1.  The Tenderer (potential Contractor) is:

.... (full name of company or institute)

.... (address of its seat)

Fax number: ......

Telephone: ......

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

VAT Number: …….

ESA reference:

EMITS Bidder Code: .....

[OPTION: if known at the time of proposal submission]

ESA-P Vendor Code: 1 000 xxx xxx

ESA-P Bidder Code: 6 000 xxx xxx [END OPTION]

(If not registered yet, it should be stated: “not registered yet, registration request made on…(date)”).

2.  The subcontractor(s) participating to the activity is (are):

..... (name, address, fax number, phone number, nationality and ESA Bidder Code / Vendor Code of each potential . If no subcontractors are proposed then mark “n/a”)

3.  In regard to the ESA General Conditions of Tender (GCT), we hereby certify that:

i.  the legal entities identified in sections 1 and 2 above fully satisfy the requirements concerning eligibility to submit a tender that are stated in Part 2 B1;

ii.  we acknowledge and accept the condition under Part 2 B11 (Non Commitment by the Agency);

iii.  the legal entities identified in sections 1 and 2 above have filled in the “Potential Bidder” questionnaire(s), which has/have been updated not earlier than 12 months before the closing date of the subject ITT (Part 1 B);

4.  Our Firm Fixed Price, covering the full scope of the activity as specified in the Agency’s Statement of Work and in accordance with the funding conditions stated in the ITT, amounts to: (…...... ) Euro (insert the amount of the total price) all included with the sole exception of any import duties and value added taxes in the Agency’s Member States. (In case of a quotation including subcontract(s), additional price information is to be stated in this section: a summary price breakdown showing the amount allocated individually to each of the participants, including the own share of the Contractor).

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

Name
Telephone Number
Fax Number
Email address
Name
Telephone Number
Fax Number
Email address

it being understood that 2 contact persons, one technical and one legal/commercial, might be advantageous )

Concerning the persons who would responsible on the Contractor’s side for all communications concerning the technical and contractual management in case of contract award, their names and contact information (including fax number, telephone numbers, e-mail addresses) are as follows:

(please fill in as needed)

Name
Telephone Number
Fax Number
Email address
Name
Telephone Number
Fax Number
Email address

6.  Regarding the technical and management contents of this proposal, we hereby certify that this tender fully complies with the technical and management requirements of the subject ITT, including the latter’s Statement of Work and all other annexes. More detail is provided in the technical part of our full proposal.

7.  We hereby state that we have read and understood all the terms and conditions of the draft contract included in the subject ITT and that we accept the said terms and conditions without any reservations.

We also confirm that any sales conditions of our own shall not apply.

(Full and unconditional compliance is expected. However, you are invited to propose how to complete the parts of the draft contract which are left blank or contain options)

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

a) With reference to Article 6.3 of the draft contract, we have identified background intellectual property rights belonging to us and/or our subcontractor(s) and/or third party that we intend to use during the execution of the envisaged contract and/or to include in the resulting deliverable items: such rights are listed in our Detailed Proposal.

We are prepared to provide evidence of such rights, their origin and ownership if so required by ESA.

(If this concerns rights vesting in a third party, the following sentence shall be added here: “Relevant documentation on such rights owned by third party is attached to our Detailed Proposal, as part of Supporting Documentation.”)

Or

b) With reference to Article 6.3 of the draft contract, we hereby declare that we and our subcontractor(s) shall not / do not intend to use for the activity to be carried out under the envisaged contract, any background intellectual property rights, whether belonging to third parties or to us and/or to our subcontractor(s).

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

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

Or

b) Concerning the feasibility to export the deliverable items of the resulting Contract as that is foreseen in the Draft Contract including its appendices, we hereby declare that we have examined the case and we have drawn the conclusion that export restrictions and/or need of adequate licences or authorisations exist, and that the status regarding such requirements is at present the following:

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

and/or (option)

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

10.  We hereby state that we have included in our proposal, a first iteration of Task 1 and Task 2. The proposal also defines the simulation tool(s) to be used for the flip-chip assemblies (3D electromagnetic simulation tool, etc.).

11.  The legal representative to sign the resulting Contract on behalf of the Contractor will be:

......

(name and title of the person)

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

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

Done and signed for, and on behalf of:

......

(Name of the company or institute acting as the Tenderer):

Signature: ......

Name and title of the signatory:

......

(Full name and function) duly authorised to commit the tendering entity and its proposed subcontractor

ANNEX 1 TO COVER LETTER:

Form A: Declarations on Key Acceptance Factors

ITT Reference: Invitation to Tender AO/1-8052/14/NL/KML.

Subject: Validation of Flip-Chip Processes and Techniques for Millimetre Wave Applications

By submitting this Form A as Annex to the cover letter of the tender reference [insert reference of your tender……], I/we the undersigned herewith officially declare that the present tender fulfils the Key Acceptance Factors as listed hereunder:

Mandatory baseline KAF: / Please tick all the boxes to confirm that you meet the requirements
The tenderer and any subcontractor(s) satisfy/ies the qualification requirements established under Part 1 A “ Eligibility requirements” paragraphs b) to i) of the Agency’s General Conditions of Tender (GCT) (see Part2 B1).
The tenderer confirms, on his behalf and on behalf of its subcontractors, to be compliant with the requirements listed in the “Certification of Free Competition” (see Part 2 B3 of the GCT).
The tenderer confirms, on his behalf and on behalf of its subcontractors, to be compliant with the requirements listed in the “Certification of non-benefit” (see Part 2 H of the GCT).
The tenderer confirms, on his behalf and on behalf of its subcontractors, the acceptance of the conditions listed in the “Non commitment by the Agency” (see Part 2 B11 of the GCT).
The tender cover letter and the tender contain a binding price.
The tender cover letter and the tender contain a price type compliant with the one requested in the ITT.
The tender cover letter contains a confirmation that the validity period is 4 months from the date of tender submission with implicit extensions.
The tender contains a technical description.
If LSI company(ies) are participating in the tender (only possible if as subcontractor), the cover letter of the tender shall explicitly confirm that the four (4) conditions for such LSI participation as subcontractor(s) are fulfilled and indicate the reference of the section(s) of the tender where the corresponding justifications can be found.
The tender contains a first iteration of Task 1 and Task 2. The tender also defines the simulation tool(s) to be used for the flip-chip assemblies (3D electromagnetic simulation tool, etc.).
The tender cover letter and its Annex 2 (Forms A and B) are signed by authorised representative(s) of the Tenderer.

It is understood that :

-  failure to provide this Form A, as an Annex to the tender’s cover letter, fully completed and signed, will result in the tender’s non admissibility for evaluation;

-  if the analysis of the full tender reveals that the offer is not in line with any of the declarations given in the present Form, the tender will be excluded from further evaluation.

Name:

Current position in the Tenderer’s organisation :

Signature:

Date:

Form B: Declarations on Compliances

ITT Reference: Invitation to Tender AO/1-8052/14/NL/KML

Subject: Validation of Flip-Chip Processes and Techniques for Millimetre Wave Applications

By submitting the present Form B as Annex to the cover letter of the tender reference [insert reference of your tender ………..]

I/we the undersigned herewith officially declare that the tender is compliant with the following requirements as listed hereunder:

Indicate: “Compliant” or “Partially Compliant“ or “Non-Compliant“
(in the last 2 cases give reference of the cover letter specific section containing detailed information on the matter and relevant cross references to the applicable parts of the offer)
The information provided to ESA for registration as potential supplier (individually for all entities involved in the tender) has been updated in the last 12 months;
With regard to the technical requirements of the ITT, the tender is:
With regard to the managerial requirements of the ITT, the tender is:
With regard to the financial requirements of the ITT, the tender is:
With regard to the contract conditions of the ITT, the tender is:
With regard to the IPR requirements (see section 8 of the proposal template and Article 6 of the draft contract), the tender is:
With regard to the Export/Import requirements (see section 9 of the proposal template), the tender is:
With regard to the Agency’s Right of Audit (GCT Part 2 B7), the tender is:
With regard to the applicable Industrial Policy and Geographical return requirements, the tender is:
With regard to the “C 1 measure” contained in section 4 of the cover letter, the tender is:

It is understood that :

-  The absence of a Form B, as an Annex to the tender’s cover letter, fully completed and signed, or any compliance statement or justification for partial compliance referred to in the present Form that would be contradicted by the detailed content of the tender may result in the subsequent elimination of the tender from the evaluation process.

Name:

Current position in the Tenderer’s organisation :

Signature:

Date:

[END COVER LETTER – SEPARATE HERE PRIOR TO SUBMISSION]

[DETAILED PROPOSAL]

DETAILED PROPOSAL

1)  TECHNICAL PART

1.1  TECHNICAL REQUIREMENTS AND OBJECTIVES

1.1.1  Concise functional analysis of the technical requirements

1.1.1.1  Proposed consolidation of the ITT requirements

……………………………

1.1.1.2  Suggested modifications to the requirements

…………………………….

1.1.2  Understanding of the main technical objectives of the ITT

......

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

……………………………….

1.2  POTENTIAL PROBLEM AREAS

1.2.1  Identification of the main problem(s) or problem area(s) likely to be encountered in performing the activity

………………………………..

1.2.2  Proposed solutions to the problems identified

……………

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

………………………………

1.3  TECHNICAL IMPLEMENTATION / PROGRAMME OF WORK

1.3.1  Proposed Work Logic

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

…………………………………

1.3.2  Contents of the proposed work

1.3.2.1  Work Breakdown Structure (WBS)

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

…………………………………

1.3.2.2  Work Package Description (WPD)

[for each WP already shown in the WBS: WP Title, Name of responsible company/institute, Name of the WP Manager, Input required to start the work under the WP, Output expected and a schematic description of the tasks included in the WP]

……………………………………

1.4  BACKGROUND

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