DEFFORM 47ST
Edn 06/14 (Interim)
[Redacted – Section 40, Personal Information]
DES LE STSP-DCC-Comrcl2c
Defence Equipment and Support
Soldier System Programmes, Survivability
Elm 3c, #4335, MOD Abbey Wood,
Bristol, BS34 8JH
[Redacted – Section 40, Personal Information]
Email: [email protected]
Your Reference:
NP Aerospace Ltd
T/A Morgan Advanced Materials
Composites and Defence Systems
473 Foleshill Road
Coventry, CV6 5AQ
Our Reference:
SSP/00099
Date:
26/11/2014
[Redacted – Section 40, Personal
Information]
Dear Paul
Single Source Invitation To Tender (ITT) Reference No. SSP/00099
1.
You are invited to tender for the sustainment (Refurbishment and Replacement) of Body
Armour Plates, by a 4 year Enabling Contract, in accordance with the attached documentation.
2.
The requirement is for the refurbishment of an estimated 3,500 Osprey body armour plates
per year for a period of 4 years replacing an estimated 350 plates per year where they are
assessed as beyond economical repair. The requirement also includes options to include the
refurbishment of an estimated 800 Paraclete plates per year replacing an estimated 80 plates per
year.
3.
The anticipated date for the contract award decision is 30/01/2015, please note this date is
indicative and may change.
4.
You must submit your Tender to arrive no later than 14/01/2015. You must return your
Tender to the Commercial Officer at the above address.
Yours sincerely
[Redacted – Section 40, Personal Information]
Commercial Manager
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DEFFORM 47ST
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Invitation to Tender for 4 Yr Enabling Contact for the
Sustainment of Body Armour Plates
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DEFFORM 47ST
Edn 06/14 (Interim)
Contents
This invitation consists of the following documentation:

DEFFORM 47ST – Invitation To Tender. The DEFFORM 47ST is the document that sets out
the key requirements that you need to meet in submitting a valid Tender in advance of any
negotiations. It also sets out the conditions relating to this procurement. For ease it is broken
into:
o
Section A – Introduction
 Definitions
 Purpose
 ITT Documentation and ITT Material
 Tender Expenses
 Material Change of Control
 Contract Conditions
 Consultation with Credit Reference Agencies
 Communications and Clarification
 Government Security Classifications policy
Page 5
o
Section B – Key Activities
Page 8
o
Section C – Instructions on Preparing Tenders
 Tenders for Selected Contractor Deliverables
 Construction of Tenders
 Validity
 Variant Bids
 Defence Reform Act 2014 – Part 2, Single Source Contracts
 Specification Concessions
 Defform 47SC (Edn 06/02) - Sub-contracts in the Supply Chain
Page 9
o
Section D – Details of Price Breakdown
Page 11
o
Section E – Instructions on Submitting Tenders
 Submission of your Tender
 Samples
Page 12
o
Section F – Conditions of Tendering
 Conforming to the Law
 Fraud and Other Illegal Practices
 Conflicts of Interest
 Government Furnished Assets
 Publicity Announcement
 Remedies for Breach of Contract
 Reportable Requirements
 Conditions of Tendering Specific to this Requirement
Page 13
o
DEFFORM 47ST Annex A – Tender Submission Document (Offer)
Page A1
 Appendix 1 to DEFFORM 47ST Annex A (Offer) –Information on Mandatory
Declarations

Schedule of Requirements – SSP/00099

Statement of Work

Contract Conditions

DEFFORM 111 – Appendix to Contract - Addresses and Other Information

Tenderer’s Commercially Sensitive Information Form (DEFFORM 539A)

DEFFORM 28ST – Tender Return Label

DEFFORM 522A – Relevant Payment Details

Palletisation Annex

Certificate of Conformance (Template)
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DEFFORM 47ST
Edn 06/14 (Interim)
Section A – Introduction
Definitions
A1. This requirement is issued on behalf of the Secretary of State for Defence of the United
Kingdom of Great Britain and Northern Ireland (hereafter referred to as "the Authority").
A2. “You / Tenderer” means the economic operator or group of operators in the form of a
consortium that has been invited to submit a response to this Invitation to Tender.
A3. “Invitation to Tender” (ITT) refers to the first document that the Authority sends out to potential
Tenderers that initiates a tender response or negotiation.
A4. A “Tender” is the offer that you are making to the Authority.
A5. “Contractor Deliverables” means the goods and / or the services, including packaging (and
Certificates(s) of Conformity and supplied in accordance with any Quality Assurance (QA)
requirements if specified) which the contractor is required to provide under any resultant Contract in
accordance with the Schedule of Requirements, but excluding incidentals outside the Schedule of
Requirements such as progress reports.
A6. “Schedule of Requirements” means that part of the Contract which identifies, either directly or
by reference, the Contractor Deliverables to be supplied or carried out, the quantities involved and
the price or pricing terms in relation to each Contractor Deliverable.
A7. The “Statement of Work” details the technical requirements and acceptance criteria of the
Contractor Deliverables. The Statement of Work is attached to this DEFFORM 47ST.
A8. “Conditions of Tendering” means the Conditions set out in the DEFFORM 47ST that govern the
procurement.
A9. “Contract Conditions” means the attached conditions that will govern any resultant Contract.
A10. A “Third Party” is anyone who is not an employee of the Authority or Tenderer as defined in this
DEFFORM 47ST.
A11. “Voluntary Transparency Notice” means a mandatory notice used to announce a procurement
decision that the Authority intends to place a non-competitive contract under OJEU procedures.
This allows industry to challenge the decision not to compete.
A12. “Single Source” means a situation where the Authority has invited a response from one
economic operator or group of operators in the form of a consortium.
Purpose
A13. The purpose of this ITT is to invite you to propose a solution / best price to our requirement.
This documentation explains and sets out the:
a.
process and timetable for the next stages of the procurement;
b.
instructions and conditions that govern this invitation;
c.
information you must include in your Tender and the required format;
d.
administrative arrangements for the receipt and review of Tenders; and
e.
Contract Conditions that shall apply in the event that the Authority awards a
contract following this invitation.
A14. The sections in this ITT and associated documents are structured in line with a generic
tendering process and do not indicate importance / precedence.
A15. This ITT is exempt from the Defence and Security Public Contracts Regulations 2011. The
decision to conduct single source procurement for this requirement was advertised by the Authority
by publishing a Voluntary Ex Ante Transparency Notice (VEAT) in the OJEU and a Voluntary
Transparency Notice in the DCO dated November 2014.
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DEFFORM 47ST
Edn 06/14 (Interim)
ITT Documentation and ITT Material
A16. ITT Documentation means any information in any medium or form (for example drawings,
handbooks, manuals, instructions, specifications and notes of pre-tender clarification meetings),
issued to you or to which you have been granted access, by the Authority for the purposes of
responding to this ITT. ITT Material means any other material (including patterns and samples),
equipment or software issued to you or to which you have been granted access, by the Authority
for the purposes of responding to this ITT. ITT Documentation, ITT Material and any Intellectual
Property Rights (IPR) in them shall remain the property of the Authority or other Third Party owners
and is released solely for the purposes of enabling you to submit a Tender. You must:
a.
take responsibility for the safe custody of the ITT Documentation and ITT Material and
for all loss and damage sustained to it while in your care;
b.
not copy or disclose the ITT Documentation or any part of it to anyone other than the
bid team involved in preparing your Tender, and not use it except for the purpose of
responding to this ITT;
c.
seek approval from the Authority if you need to provide access to any ITT
Documentation or ITT Material to any Third Party;
d.
abide by any reasonable conditions imposed by the Authority in giving its approval
under sub-Paragraph A16.c, which at a minimum will require you to ensure any disclosure to
a Third Party is made by you in confidence. Alternatively, due to IPR issues for example, the
disclosure may be made, in confidence, directly by the Authority;
e.
accept that any further disclosure of ITT Documentation, or further use of ITT
Documentation or ITT Material, without the Authority’s written approval may make you liable
for a claim for breach of confidence and / or infringement of IPR, a remedy which may
involve a claim for compensation; and
f.
immediately destroy all ITT Documentation, ITT Material and derived information, and
certify the destruction to the Authority, should you decide not to participate in responding to
this ITT, or you are notified by the Authority that your Tender has been unsuccessful. Any
ITT Documentation and ITT Material marked ‘Official Sensitive’, ‘Secret’ or ‘Top Secret’ must
be returned to the Authority.
A17. Some or all of the ITT Documentation and ITT Material may be subject to one or more
Confidentiality Agreements made between you and either the Authority or a Third Party, for
example a Confidentiality Agreement established in the form of DEFFORM 94. The obligations
contained in any such Agreement will be in addition to, and not derogate from, your obligations
under Paragraph A16 above.
Expenses
A18. You will bear all costs associated with preparing, submitting and negotiating your Tender. If
the Tender process is terminated or amended by the Authority, the Authority will not reimburse you.
Material Change of Control
A19. You must inform the Authority in writing if there is any material change in control, composition
or membership of your organisation and / or consortium members, including any subcontractors at
any time during the procurement process. This may affect our decision to award a contract to you.
Contract Conditions
A20. The full text of Defence Conditions (DEFCONs) and Defence Forms (DEFFORMS) are
available electronically via https://www.gov.uk/acquisition-operating-framework.
Consultation with Credit Reference Agencies
A21. The Authority may consult with credit reference agencies to assess your creditworthiness.
This information may be used to support and influence decisions to enter into a contract with you.
Communications and Clarification
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DEFFORM 47ST
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A22. All enquiries relating to this Invitation to Tender should be made in writing, quoting the
Tender Number, to the Commercial Officer detailed at Box 1 of DEFFORM 111, the Appendix to
the Contract. Enquiries made by telephone, other than for documents missing from the tender
package, will not be acceptable. All questions, together with the Authority’s answers may be,
depending on the nature of the question, distributed to all Tenderers, at the sole discretion of the
Authority. To assist the Authority, it is requested that all Tenderers questions are forwarded on
plain paper with no company markings under cover of a separate company letter.
Government Security Classifications Policy
A23. As of the 2nd April 2014 the new Government Security Classifications Policy (GSC) was
introduced. A key aspect of this policy is the reduction in the number of security classifications
used. This Tender and any subsequent contract that may be awarded to you as a result, is subject
to protection under GSC. You are therefore encouraged to make yourself aware of the changes
through the Gov.uk GSC website.
A24. The Authority hereby reserves the right to amend any security related term or condition of the
draft contract accompanying this ITT to reflect any changes introduced by national law or
government policy. Where this ITT is accompanied by any instructions on safeguarding classified
information (e.g. a security aspects letter), the Authority reserves the right to amend the terms of
these instructions as a result of any changes in national law or government policy whether in
respect of the applicable protective marking scheme, specific protective markings given, the
aspects to which any protective marking applies, or otherwise. This may relate to the instructions
on safeguarding classified information as they apply to the tender process and / or any contract
awarded to you as a result of this tender process.”
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DEFFORM 47ST
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Section B – Key Activities [see explanatory notes 7 – 15]
The key dates for this procurement are currently anticipated to be as follows:
Stage
Date and Time
Initiated By
Submit to:
Final date for Clarification
Questions / Requests for
additional information
10/12/2014
Tenderer
DES LE STSP-DCCComrcl2c
Final Date for Requests for
Extension
10/12/2014
Tenderer
DES LE STSP-DCCComrcl2c
The Authority issues
Answers and Clarifications
17/12/2014
The Authority
Tenderer
Tender Return
14/01/2015
Tenderer
DES LE STSP-DCCComrcl2c
Value For Money (VFM)
Assessment
19/01/2015
The Authority
N/A
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DEFFORM 47ST
Edn 06/14 (Interim)
Section C - Instructions on Preparing Tenders
Tenders for Selected Contractor Deliverables
C1. You must respond to the requirement for all the Contractor Deliverables listed in the attached
Schedule of Requirements.
Construction of Tenders
C2. Your Tender must be written in English, using Arial font size 11. Prices must be in £GBP.
Prices must be Firm Price.
C3. To enable the Authority to complete its Value For Money (VFM) assessment, your price must
be broken down. Please set out your Tender response in accordance with Section D.
Validity
C4. Your Tender must be valid / open for acceptance for 8 calendar weeks from the Tender
return date.
Variant Bids
C5. The decision to invite a Single Source response is based on the scope of the requirement.
Where you submit a variant bid that is outside the scope of the requirement the Authority may be
required to compete the requirement.
Defence Reform Act 2014 – Part 2, Single Source Contracts
C6. Your attention is drawn to the Defence Reform Act 2014 (DRA):
http://services.parliament.uk/bills/2013-14/defencereform.html.
C7. The DRA will enable secondary legislation, to be called Single Source Contract Regulations
2015 (SSCR), which are expected to come into force on 6 April 2015.
C8. The DRA sets out the criteria for determining when a single source contract is a Qualifying
Defence Contract (QDC), to which the DRA and the SSCR will apply. Any single source contract
over £5M that has an award date on or after 6 April 2015 which meets the criteria in the DRA is
potentially a QDC.
C9. The DRA and SSCR cover such matters as the information, openness and transparency that
the parties must provide to each other, and the rights and obligations of both parties to a QDC
once on contract.
C10. The DRA also sets out the criteria for determining when a contract is a Qualifying Subcontract (QSC) to which the DRA and SSCR will apply. Any single source sub-contract in excess of
£25M, placed in support of a QDC or another QSC and which meets the criteria in the DRA, is
potentially a QSC. Responsibility for assessing whether a sub-contract is a QSC lies with the party
placing the sub-contract. The Tenderer therefore has an obligation to determine whether any
planned sub-contract is a QSC. The Tenderer must keep a record of any determinations and notify
both the Secretary of State for Defence and the sub-contractor in writing when a sub-contract is
determined as a QSC.
C11. The MOD Commercial Toolkit (https://www.aof.mod.uk/aofcontent/tactical/toolkit/index.htm)
provides further information about the new single source legal framework. As more detailed
information becomes available (including any contract reporting templates and new Contract
Conditions) these will be made available to the Tenderer.
Specification Concessions
Tenderers are requested to note that any deviation/production permit/waiver/concession
authorised against previous contract(s) for the items detailed in the schedule of requirements will
not apply against any Contract resulting from this invitation to tender.
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DEFFORM 47ST
Edn 06/14 (Interim)
DEFFORM 47SC (Edn 06/02) - Sub-contracts in the Supply Chain
The tenderer shall complete details of all subcontracts in the supply chain using DEFFORM 47SC
below as part of his tender response. The tenderer shall supply details of each sub-contractor
company name, the location of sub-contract work, and estimated value of sub-contract (£1M and
over).
Ministry of Defence
SUB-CONTRACTS IN THE SUPPLY NETWORK
Contract No: SSP/00099
Company Name of
Sub-contractor
Acquisition Team Title: STSP
Location of
Sub-contractor
Page 10 of 17
Goods, Services or
Works to be
procured
under Sub-contract
Estimated
Value
DEFFORM 47ST
Edn 06/14 (Interim)
Section D – Details of Price Breakdown
This section details the information required for the Authority to complete its Value For Money (VFM)
Assessment.
Your Offer Must detail the following:
Hours / Days
The number of hours / days it takes to complete the requirement.
Hourly / Day Rates
The rate used. Where available these should be agreed CAAS (Cost
Assurance and Analysis Services) rates.
Materials
The cost of any raw materials. Please provide a copy of the invoice with
your Tender.
Subcontractor Costs
The cost of bought in facilities, services and / or parts. Please provide a
copy of the invoice with your Tender You are encouraged run
competition within the supply chain.
Overheads
State the overheads used, detail any specifics rate(s) used. Where you
have an agreed QMAC (Questionnaire on the Method and Allocation of
Costs) you must quote the reference. Where you do not have an agreed
QMAC please include a list of what is included in the overhead rate(s).
Provide a sub-total that the overhead will apply to.
Profit Rate
State the Profit Rate used. Profit should not be applied to Risk
contingencies and / or Travel and Subsistence.
Risk
State whether you have included any contingency for risks.
T&S
When including Travel and Subsistence you must include details of the
assumptions you have made about travel and the rates used. Claims for
T&S should be in line with the Civil Service Code which states civil
servants must ensure: “public money and other resources are used
efficiently” e.g. travel should be the most economic option available etc.
Assumptions
State any assumptions made about your proposal, such as the process,
when decisions will be made etc.
Exclusions
State anything that is specifically excluded from your proposal.
The Authority uses NAPNOC. We will not enter into any contract that is unacceptably priced.
Details can be found on https://www.aof.mod.uk/aofcontent/tactical/toolkit/index.htm
Mandatory Criteria:
Returns completed in DEFFORM 47ST Annex A (Offer)
Pass / Fail
Draft Quality Plan has been provided
Pass / Fail
Sample (or confirmation plate manufacture is unchanged from DC1A/1070)
provided.
Pass / Fail
Completed the Defform 47SC in accordance with instructions on preparing
tenders?
Pass / Fail
Price Breakdown supplied in accordance with Section D above:
Pass / Fail
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DEFFORM 47ST
Edn 06/14 (Interim)
Tenderer has completed the Tenderers Commercially Sensitive Information
Form?
Pass / Fail
Total delivered price on the Schedule of Requirements matches the Price
entered on the Deform 47 Annex A (offer)?
Pass / Fail
Tenderer confirmed understanding of and compliance with all aspects of the
Statement of Work
Pass / Fail
All deliverables tendered for
Pass / Fail
Failure to meet the Mandatory Criteria will result in the Authority being unable to award a contract.
Value for Money Assessment:
NAPNOC assessment
Creditworthyness assessment (if required)
Section E – Instructions on Submitting your Tender
Submission of your Tender
E1. You must send your Tender to the Commercial Officer stated in the covering letter to this
DEFFORM 47ST.
E2. You must provide 1 priced hard (paper) copy, 1 unpriced hard copy and 1 priced electronic
copy (on CD) of your Tender.
E3. You must complete and include DEFFORM 47ST Annex A (Offer) (excluding Appendix 1) with
your Tender. Where you select ‘Yes’ to any questions you must attach the relevant information.
E4. You must include the original signed DEFFORM 47ST Annex A (Offer) with one paper copy of
your Tender.
E5. You must submit your paper and CD copies in a sealed envelope or box. For health and
safety reasons, no individual envelope or box should weigh more than 11 kilos.
E6. If you intend to hand deliver your Tender you must inform the named Commercial Officer of
your intention and seek further delivery instructions. Failure to do so may result in your Tender
being refused and / or returned.
Samples
E7. Where samples are required for testing purposes you must be prepared to submit them without
charge. You should clearly label samples with the following particulars:
a.
your name and address;
b.
the Tender Reference Number and due date for return of the Tender; and
c.
the Description and Item Number as shown in the Schedule of Requirements.
E8. The Authority may retain all samples for twelve (12) months from the Tender return date. After
this period, the Authority will destroy the samples unless you specifically state you require them to be
returned. The samples associated with a successful Tender may be kept by the Authority
indefinitely.
E9. Samples that are consumed will not be returned.
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DEFFORM 47ST
Edn 06/14 (Interim)
Section F – Conditions of Tendering
F1. The issue of ITT Documentation is not a commitment by the Authority to place an order as a
result of this ITT or at a later stage. Any expenditure, work or effort undertaken prior to an offer of
contract and acceptance thereof, is a matter solely for the commercial judgement. The Authority
reserves the right to:
a.
seek clarification or additional documents in respect of your submission;
b.
not enter into a contract if you are found guilty of serious misrepresentation in relation to
its Tender or the Tender process;
c.
re-assess your suitability. For example, where there is a material change of control from
supplier selection;
d.
reject / negotiate your Tender or part of your Tender;
e.
withdraw this ITT at any time, or to invite other Tenders on the same or any alternative
basis;
f.
choose not to award any contract as a result of the current procurement process;
g.
award a contract for some of the Contractor Deliverables, unless you specifically oppose
this in your Tender or state any minimum order quantities.
F2. The contract will be entered into when the Authority sends written notification of its entry into
the contract. Written notification will be issued, to the address you provide, on or before the
expiration of the period specified in paragraph C4.
Conforming to the Law
F3. You must comply with the UK Bribery Act 2010, applicable EU and UK legislation and any
equivalent legislation in a third state.
F4. Your attention is drawn in particular to legislation relating to canvassing of a public official,
collusive behaviour and bribery. If you act in breach of this legislation your Tender may be
disqualified from this procurement. Disqualification will be without prejudice to any civil remedy
available to the Authority or any criminal liability that your conduct may attract.
Fraud and Other Illegal Practices
F5. You must report any, fraud, bribery, corruption, or any other dishonest irregularity in connection
to this tendering exercise to:
Defence Regulatory Reporting Cell Hotline
0800 161 3665 (UK) or
+44 1371 85 4881 (Overseas)
Conflicts of Interest
F6. You must notify the Authority immediately of any new Conflicts of Interest (COI) that have
arisen or that arise at any point prior to the contract award decision.
F7. Where there is an existing or potential Conflict Of Interest (COI) you must include a proposed
Compliance Regime in your Tender. As a minimum this must include:
a.
manner of operation and management;
b.
roles and responsibilities;
c.
standards for integrity and fair dealing;
d.
levels of access to and protection of competitors sensitive information and Government
Furnished Information;
e.
confidentiality / non-disclosure agreements (e.g. DEFFORM 702);
f.
the Authority’s rights of audit; and
g.
physical and managerial separation.
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DEFFORM 47ST
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Should your Tender be accepted your proposed Compliance Regime will become part of the
Contract Conditions and shall be legally binding.
Government Furnished Assets
F8. Where the Authority provides Government Furnished Assets (GFA) in support of this
procurement, you must include details of the GFA in your Public Store Account and treat it in
accordance with Def Stan 05-99. If the Authority decides not to proceed with this procurement,
you must seek disposal instructions for that GFA from the named Commercial Officer.
Publicity Announcement
F9. The Authority will publish notification of the contract and may publish contract documents
under the FOI Act except where publishing such information would hinder law enforcement; would
otherwise be contrary to the public interest; would prejudice the legitimate commercial interest of
any person, or might prejudice fair competition in the supply chain. You should complete and return
DEFFORM 539A as explained in the DEFFORM 47ST and associated Appendix 1.
F10. If you wish to make a similar announcement you must seek approval from the named
Commercial Officer.
F11. Under no circumstances should you confirm to any Third Party the Authority’s acceptance of an
offer of contract prior to either informing the Authority of your acceptance or the Authority’s
announcement of the award of contract, whichever occurs first.
Remedies for Breach of Contract
F12. You should be aware of the contractual remedies set out in the Conditions of the contract which
may apply in the event of a breach of contract by the Contractor. Damages for breach of contract
are not limited under the contract. However, you should also note that in exercising its rights and
remedies under the contract the Authority must act in a reasonable and proportionate manner having
regard to the nature and consequences of the breach of contract. If you are unsure about the
potential liability under the contract, you should seek advice as appropriate.
Reportable Requirements
F13. Listed in the DEFFORM 47ST Annex A (Offer) are the Mandatory Declarations. It is a
condition of tendering that you complete and attach the returns listed in the Annex and, where you
select “Yes”, you attach the relevant information.
F14. This is not a test of your answer but failure to complete this part of the Annex makes your
Tender non-compliant.
Conditions of Tendering Specific to this Requirement
Sustainable Development
F15. The Authority is very committed to achieving sustainable development goals through
educating the supply chain, developing performance measures and sharing best practice. This is
not a condition to working with the Authority now or in the future, nor part of the contract. It is
however a commitment on our part to encourage and support sustainable development and we are
committed to working with you to this end. The Authority very much hopes that you share this
commitment and we will discuss sustainable development further with the successful Tenderer
during the performance of any resultant contract.
Joint Statement on Access to Skills, Trade Unions and Advice in Government
Contracting
F16. The Government is committed to improving the quality of services delivered under our
contracts and improving the skills of those working on these. This is an ideal shared by the CBI
and TUC and the Authority encourages all Tenderers to demonstrate their commitment to
improving the skills of their workforce. This can be done by signing up to the Sustainable
Workforce Pledge. This is not a condition of working with the Authority now or in the future, nor part
of the contract. It is however a commitment on your part to actively encourage and support your
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DEFFORM 47ST
Edn 06/14 (Interim)
staff to gain skills and we are committed to working with you to this end. The Authority very much
hopes you will want to show your commitment in this way; we will discuss skills improvement
further with the successful Tenderer during the performance of any resultant contract.
F17. Further information about apprenticeships including a full list of available frameworks can be
found at: http://www.apprenticeships.org.uk
F18. Further information on the Sustainable Workforce Pledge is available via the ProSkills
website: http://www.proskills.co.uk/compact/pledge.php
Pre-Contract Award Evaluation
F19. Following the receipt of the Tenderer’s offer, the Authority reserves the right to conduct a
Pre-Contract Award Evaluation (PCAE) at the Tenderer’s premises and at his sub-contractor’s
premises prior to Contract Award.
F20. If conducted the PCAE will involve a PCAE team visiting the premises where the work is to
be carried out and investigate matters such as:
a. capacity, capabilities, experience and training of staff in relation to the proposed contract;
b. the quality control system and Quality Assurance (QA) documentation;
c. the proposed organisation and operating methods; what work may be dealt with in-house
and what may be subcontracted; and how (in relation to subcontract work in particular) this
will be managed, controlled and validated;
d. the risks that have been identified by the tenderers and the actions proposed to minimise
them; and
e. the risks to other MOD work being undertaken by the tenderer if his tender is accepted.
E-Purchasing
F21. During the period of the contract, the Authority may wish to move to electronic purchasing.
The Tenderer will be requested to sign and return an Electronic Transaction Agreement,
(DEFFORM 30 Edn 10/13) unless such an agreement has already been entered into with the
Authority. Tenderers who have previously entered into an agreement on the basis of DEFFORM
30 Edn 01/07 or earlier will be requested to enter into a new agreement DEFFORM 30 Edn 10/13.
The agreement should be signed at Company or Company Group level.
F22. The Tenderers attention is drawn to www.d2btrade.com which includes details on the
Defence Electronic Commerce Service (DECS)
F23. If, during the period of the Contract, the Authority wishes to move to electronic purchasing,
Authority will notify the Contractor that the Contract is amended as follows:
a.
Any references to DEFCON 5 – MOD 640 – Advice and Inspection Notes shall be
replaced with DEFCON 5J – Unique Order Identifiers (clause 2 does not apply to Services).
b.
If no reference is made to DEFCON 5, then DEFCON 5J shall be added to the Contract
Terms and Conditions (Clause 2 does not apply to services).
c.
The Authority and the Contractor shall comply with the Electronic Transactions
Agreement comprised in the completed DEFFORM 30, reference XXXXXX dated DD MMM
YY. The sending by the Contractor of an “Acknowledgement of Receipt” Message is to be
regarded as acceptance of the Purchase Order Message to which it refers, unless the
Purchase Order Message itself constitutes acceptance in accordance with the terms and
conditions of the Contract.
d.
DEFCON 129J – the use of the Purchase to Payment (P2P) Delivery Label/Form, shall
be added to the Contract.
e.
DEFFCON 129 – Packaging. All references to “serial Number(s) of the relevant Advice
and Inspection Notes (i.e. MoD Form 640 serial numbers)” should read as “Unique Order
Identifiers(s)”. The Unique Order Identifier is to be included on all packages; and if specified,
a “Delivery Label” is to be applied to the outer box/case in accordance with DEFCON 129J.
f.
DEFCON 522 – Payment is replaced by DEFCON 522J – Payment under P2P.
Page 15 of 17
DEFFORM 47ST
Edn 06/14 (Interim)
g.
Messages under DEFFORM 30 received by the contractor shall be regarded as having
been authorised by the Authority.
h.
Releases/orders against items 2 – 11 of the Schedule of Requirements shall be
allocated unique Order Identifiers when these are produced by the P2P system.
Deliverable Quality Plan
F24. A Deliverable Quality Plan is required as part of this contract. A Draft Deliverable Quality
Plan shall be provided at tender stage, with the confirmed document being provided one month
after Contract let date.
Supply of Samples
F25. Further to paragraphs E7-E9 above, tender samples are only required if there is any change
in the manufacturing process from that undertaken on previous Contract DC1A/1070.
F26. If there is any change in the manufacture, then 3 samples of the proposed submission and
supporting documents, showing that the submission fully complies with design and minimum
performance requirements of the specification, including evidence of successful proof testing (50
consecutive tests against each of the threats specified in UK/SC6535) from an accredited BS EN
ISO 17025 laboratory) shall be forwarded to DES LE STSP-DCC-Comrcl2c, Elm 3c, MOD Abbey
Wood, Bristol, BS34 8JH, by no later than 14/01/2015 for evaluation. All submissions should be
clearly labeled with the Tender Number and Item Designation and marked for the attention of the
Tender Evaluation Team.
F26. These samples will be retained by the Authority for reference purposes.
Page 16 of 17
DEFFORM 47ST
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This page is intentionally blank
Page 17 of 17
DEFFORM 47ST
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Annex A
Ministry of Defence
Tender Ref No. ...SSP/00099..............
Tender Submission Document
To the Secretary of State for Defence of the United Kingdom of Great Britain and Northern Ireland (hereafter called
“the Authority”)
The undersigned Tenderer, having read the ITT Documentation, offers to supply the Contractor Deliverables at the stated
price(s), in accordance with any referenced drawings and / or specifications, subject to the Conditions of Tendering. It is
agreed that only the Contract Conditions or any amendments issued by the Authority will apply.
Applicable Law
I agree that any contract resulting from this procurement shall be subject to English Law
Yes / No*
*Where ‘no’ applies, Scots Law will apply.
Value of Tender (excluding VAT)
£...............................................................................................................................................................................................
WORDS…………………………………………………………………………………………………………………..
UK Value Added Tax
If registered for Value Added Tax purposes, please insert:
a.
Registration No ..........................................
b.
Total amount of Value Added Tax payable on this Tender (at current rate(s)) £...........................
Location of work (town / city) where the contract will be performed by Prime:
Where items which are subject of your Tender are not supplied or provided by you, state location in town / city to be performed
column
Tier 1 Subcontractor Company Name
Town / city to be
performed
Contractor Deliverables
Estimated Value
SME
Yes / No
Mandatory Declarations (further details are contained in Appendix 1 to DEFFORM 47ST
ST Annex A (Offer)):
Tenderer’s Declaration
Is the offer made subject to a Minimum Order Quantity?
Yes* / No
Are the Contractor Deliverables subject to Registered, Designs or Patents?
Yes* / No
Are the Contractor Deliverables subject to Foreign Export Control and Security
Restrictions?
Are the Contractor Deliverables subject to Overseas Expenditure?
Yes* / No
Have you complied with all regulations relating to the operation of the collection of
custom import duties?
Have you completed Form 1686 for overseas subcontracts?
Yes / No
Have you and your subcontractors registered with the Prompt Payment Code with
regards to SMEs?
Have you completed and attached DEFFORM 539A (Tenderer’s Commercially
Sensitive Information Form) ?
Yes / No
Have you submitted a Statement Relating to Good Standing?
Yes / No
Do the Contractor Deliverables contain Asbestos, as defined by the control of
Asbestos Regulations 2012?
Yes* / No
Page A-1 of 2
Yes* / No
Yes / No
Yes / No
DEFFORM 47ST
Edn 06/14 (Interim)
Do the Contractor Deliverables contain hazardous items, materials or substances?
Yes* / No
Do the Contractor Deliverables (including Packaging) use Substances that deplete
the Ozone Layer, as defined in Regulation (EC) No 2037/2000 of the European
Parliament and of the Council of 29 June 2000?
http://ozone.unep.org/new_site/en/montreal_protocol.php]
Are you able to support the objectives of Reservist and other supplier support to the
Armed Forces?
Have you attached The Bank / Parent Company Guarantee?
Yes* / No
Yes* / No
Not Required
Have you complied with the requirements of the Military Aviation Authority
Not Required
Regulatory Articles?
*If selecting Yes to any of the above questions, please attach the information detailed in Appendix 1.
Tenderer’s Declaration
We understand that any misrepresentations may also be the subject of criminal investigation or used as the basis for civil
action.
Dated this ................................. day of ......................................................................................................... Year ........................
Signature:
In the capacity of
(Must be original)
.......................................................................................................
(State official position e.g. Director, Manager, Secretary etc.)
Name: (in BLOCK CAPITALS)
Postal Address:
duly authorised to sign this Tender for and on behalf of:
Telephone No:
Registered Company Number:
(Tenderer's Name)
Page A-2 of 2
DEFFORM 47ST
Edn 06/14 (Interim)
Appendix 1 to DEFFORM 47ST Annex A
Information on Mandatory Declaration Returns
Part Tender
1.
Under Conditions of Tendering F1, the Authority reserves the right to order some or part of
your Tender. If your offer is subject to the Authority contracting for all the Contractor Deliverables,
select ‘Yes’ and provide further details in your Tender.
Minimum Order Quantities
2.
Where your offer is subject to minimum order quantities, select ‘Yes’ and provide further
details in your Tender.
Notification of Inventions etc.
3.
Where the Contractor Deliverables are subject to any Registered Intellectual Property Rights,
select ‘Yes’.
4.
You must clearly state in your Tender any Contractor Deliverable to be produced under any
resultant Contract that is, or is likely to be, the subject of a Patent, a Registered Design right or an
application for either, or an unregistered design right, owned by either yourself or a Third Party.
This includes anything of this nature affecting the performance of any resultant Contract or
subsequent use of any Contractor Deliverable by the Authority. You must specifically draw
attention to:
a.
any patent or registered design (or application for either) or unregistered design right
you own or control which is or appears to be relevant to the Contractor Deliverables, the use
of which by or on behalf of the Authority may give rise to a claim under Sections 55 or 56 of
the Patents Act 1977, or Section 12 of the Registered Designs Act 1949, or Section 240 of
the Copyright, Designs and Patents Act 1988;
b.
any allegation made against you, whether by claim or otherwise, of an infringement of
an intellectual property right (whether a patent, registered design, unregistered design right,
copyright or otherwise) or of a breach of confidence, which relates to the performance of any
resultant Contract or subsequent use by or for the Authority of any Contractor Deliverables;
c.
the nature of any allegation referred to under sub-paragraph 4.b., including any
obligation to make payments in respect of the intellectual property right any confidential
information and / or;
d.
any action you need to take or the Authority is required to take to deal with the
consequences of any allegation referred to under sub-paragraph 4.b.
5.
You must, when requested, give the Authority details of every restriction and obligation
referred to in paragraph 4. You must also provide, on request, any information required for
authorisation to be given under Section 2 of the Defence Contracts Act 1958.
6.
If you have previously provided information under Paragraphs 4 and 5 you can provide
details of the previous notification, updated as necessary to confirm their validity.
Notification of Foreign Export Control Restrictions
7.
In respect of any Contractor Deliverables, likely to be required for the performance of any
resultant Contract, you must provide the following information in your Tender:
a.
Whether all or part of any Contractor Deliverables are or will be subject to:
1)
a non-UK export licence, authorisation or exemption; or
2)
any other related transfer control that restricts or will restrict end use, end user,
re-transfer or disclosure.
Page Ap-1 of 5
DEFFORM 47ST
Edn 06/14 (Interim)
b.
If requested, a summary of every existing or expected or known licence and restriction
referred to in paragraph 7.a. This includes any related obligation or restriction and the extent
they place an obligation or restriction on the Authority, including:
1)
the exporting nation including the export licence number, where known;
2)
the Contractor Deliverables affected;
3)
the nature of the restriction and obligation;
4)
the authorised end use and end users;
5)
any specific restrictions on access by Third Parties, or by individuals based on
their nationality, to the Contractor Deliverables; and
6)
any specific restrictions on re-transfer or re-export to Third Parties of the
Contractor Deliverables of anything delivered or used in the performance or fulfilment
of them.
c)
If requested, you must provide an outline of your mitigation plan to manage
performance risks on any resultant Contract based on paragraph 7a.
8.
You must use reasonable endeavours to obtain sufficient information from your potential
supply
chain to enable a full response to paragraphs 7.a and 7.b. If you are unable to obtain
adequate information, you must state this in your Tender in accordance with paragraph 7a.
9.
If you become aware at any time during the procurement that all or part of any proposed
Contractor Deliverable is likely to become subject to a non-UK Government Control through a
Government-to-Government sale only, you must inform the Authority immediately.
10. If you have previously provided information under Paragraph 7 you can provide details of the
previous notification and confirm the validity.
11.
This does not include any Intellectual Property specific restrictions mentioned in paragraph 7.
12. It is the Winning Tenderer(s) responsibility to ensure they comply with any restrictions stated
in paragraph 7, during the life of the contract. This includes any restrictions the Authority has
explicitly stated / clarified in any ITT documentation.
13. You must notify the named Commercial Officer immediately if you are unable for whatever
reason to abide by any restriction of the type referred to in paragraph 7.
Overseas Expenditure
14.
You must provide details in your Tender of any expenditure outside the UK, including:
a.
country in which subcontract is placed / to be placed;
b.
name, division and full postal address of subcontractor;
c.
value of subcontract; and
d.
date subcontract placed / to be placed.
15. Should you propose the supply of Articles of US origin the export of which from the USA are
subject to control under the US International Traffic in Arms Regulations (ITAR), you must include
details in this section. This will allow the Authority to make a decision whether the export can or
cannot be made under the auspices of the US-UK Defence Trade Co-operation Treaty. The
Authority shall then convey its decision to you. If the Authority decides that use of the Treaty for
the export is permissible, it is your responsibility to make a final decision whether you want to use
that route for the export concerned if it is awarded the Contract.
Import Duty
16. Council Regulation (EC) No 150/2003 suspends Custom duties on a range of military
weapons and equipment. For the purposes of this procurement for any Contractor Deliverables
eligible for suspension of import duties and not yet imported into the European Union, you are to
provide prices excluding and including Import Duty.
Page Ap-2 of 5
DEFFORM 47ST
Edn 06/14 (Interim)
17. Where the Contractor Deliverables are exempt under Council Regulation (EC) No. 150/2003,
the Authority will issue a certificate for those Contractor Deliverables eligible for suspension of
import duties.
18. You should note that it is your responsibility to ensure compliance with all regulations relating
to the operation of the collection of import duties. This includes but is not limited to obtaining Her
Majesties Revenue and Customs (HMRC) end use relief authorisation.
Overseas Subcontracts Form 1686
19. Form 1686 (also known as Appendix 5) is to be used in all circumstances where contractors
wish to place a subcontract with a contractor overseas where the release of either Reportable
OFFICIAL or OFFICIAL-SENSITIVE information is involved. The process will require submission
of the single page document either directly to the MOD Project Team or, where specified, to the
DE&S Security Advice Centre. You can find further information in the Security Policy Framework –
Contractual Process chapter.
Small and Medium Enterprises
20. The Authority is committed to supporting the Government’s small and medium-sized
enterprise (SME) initiative; its aspiration is that 25% of spend, direct and through the supply chain,
should go to SMEs by 2015. The MOD uses the EU definition of an SME.
21. A key aspect of the Government’s SME Policy is ensuring that its suppliers throughout the
supply chain are paid promptly. All suppliers to the Authority and their subcontractors are
encouraged to make their own commitment and register with the Prompt Payment Code at:
http://www.promptpaymentcode.org.uk.
22. Suppliers are also encouraged to work with the Authority to support the wider SME initiative.
The link below to the Cabinet Office website provides information on the Government’s Crown
Representative for SMEs, a link to the definition of an SME and details on the SME initiative.
https://www.gov.uk/government/policies/buying-and-managing-government-goods-and-servicesmore-efficiently-and-effectively/supporting-pages/making-sure-government-gets-full-value-fromsmall-and-medium-sized-enterprises.
23. The opportunity also exists for Tenderers to advertise any subcontract valued at over £10,000
in the MOD Contracts Bulletin and further details can be obtained directly from:
BiP Solutions Ltd
Web address: www.contracts.mod.uk
Tel No: 0845 270 7099
Transparency, Freedom of Information and Environmental Information
Regulations
24. You should be aware that the contents of any resultant Contract may be published in line
with government policy set out in the Prime Minister’s letter of May 2010
(https://www.gov.uk/government/policies/improving-the-transparency-and-accountability-ofgovernment-and-its-services) and the information contained within DEFCON 539.
25. Before publishing the Contract, the Authority will redact any information which is exempt from
disclosure under the Freedom of Information Act 2000 (“ the FOIA”) or the Environmental
Information Regulations 2002 (“the EIR”).
26. You should complete the attached Tenderer’s Commercially Sensitive Information Form
(DEFFORM 539A), explaining which parts of your Tender you consider are commercially sensitive.
This includes providing a named individual who may be contacted with regard to FOIA and EIR.
27. You should note that, while your views will be taken into consideration, the ultimate decision
whether to publish or disclose information lies with the Authority. You are advised to provide as
much detail as possible on the form. It is highly unlikely that a Tender will be exempt from
disclosure in its entirety. Should the Authority decide to publish or disclose information against
your wishes, you will be given prior notification.
Page Ap-3 of 5
DEFFORM 47ST
Edn 06/14 (Interim)
Electronic Purchasing
28. Tenderers must note that willingness to use the Authority’s Purchase to Payment (P2P)
system is a mandatory requirement for this Contract. You can view information on the P2P system
and the methods to connect at www.d2btrade.com. Please feel free to consult the service provider
on connectivity options. If P2P is implemented, the Winning Tenderer will be required to sign
DEFFORM 30 (Electronic Transaction Agreements) at a corporate level - if you have not done so
before - and unconditionally accept DEFCON 5J (Unique Identifiers), DEFCON 129J (The Use of
Electronic Business Delivery Form); and DEFCON 522J (Payment under P2P).
Statement Relating to Good Standing
29. Please attach a statement relating to good standing and provide further details (if applicable)
in your Tender.
Asbestos, Hazardous Items and Depletion of the Ozone Layer
30. The Authority is required to report any items that use asbestos, that are hazardous or where
there is an impact on the Ozone. Where any Contractor Deliverables fall into one of these
categories select ‘Yes’ and provide further details in your Tender.
Reservist and other Supplier Support to the Armed Forces
31. The 2010 Strategic Defence and Security Review set out what our Armed Forces will look like
and outlined the role of the Reserve Forces within that Future Force. Reserves will have a greater
role, providing both a larger proportion of the force and also Defence capabilities in certain
specialist areas that are not practical or cost effective to maintain full time.
32. The MOD wishes to have a more sustained and enduring relationship with suppliers, on
Reservist and other military personnel objectives, based on mutual benefit. The personnel
objectives include:
a.
b.
c.
d.
e.
f.
Employment of service leavers
Employment of wounded, injured or sick veterans
Employment of the partners of service personnel
Helping local cadet units
Support to Reservist employees
Encouragement of Reserve service
33. Of particular interest to Defence is the need to have more Reservists employed by reserves
supportive employers as described in Chapter 4 of the White Paper, ‘Reserves in the Future Force
2020; Valuable and Valued’ available at:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/210470/Cm8655web_FINAL.pdf
34.
The Authority therefore encourages all Tenderers, and their suppliers, to:
a.
b.
consider whether they are able to support these objectives; and, if they are
sign the Corporate Covenant, declaring their support for the Armed Forces community.
35. Guidance on the various ways you can demonstrate your support through the Corporate
Covenant is at: The corporate covenant - Detailed guidance - GOV.UK.
36. Specific guidance on how you can support the Reserve Forces, what your support means in
practice, and what the potential benefits are for you can be found at: www.sabre.mod.uk.
37. Please provide a point of contact for your company on this issue to the Armed Forces
Covenant Team at the address below, so that the MOD can alert you to any events or initiatives in
which you may wish to participate. The Covenant Team can also provide any information you
require in addition to that included in the websites.
Email address:
Address:
[email protected]
Armed Forces Covenant Team
Zone D, 6th Floor, Ministry of Defence,
Main Building, Whitehall, London, SW1A 2HB
Page Ap-4 of 5
DEFFORM 47ST
Edn 06/14 (Interim)
38. Where you decide to contribute to meeting the personnel objectives above, you should also
report the outcomes of such contributions to the above address so they can be recorded and
acknowledged.
39. Paragraphs 31- 38 above are not a condition of working with the Authority now or in the
future, nor will this issue form any part of the VFM Assessment, contract award procedure or any
resulting Contract. However, the Authority very much hopes you will want to provide your support
and we are committed to working with you to this end.
Military Aviation Authority (MAA)
40.
There are no Military Aviation Authority (MAA) Requirements.
Bank or Parent Company Guarantee
41.
A Bank or Parent Company Guarantee is not required.
Page Ap-5 of 5
1. SCHEDULE OF REQUIREMENTS
MINISTRY OF DEFENCE
Name and Address of Tenderer
Tender No
Schedule of Requirements for
NP AEROSPACE LTD T/A
MORGAN ADVANCED MATERIALS
473 Foleshill Road
Coventry
CV6 5AQ
Issued With
DEFFORM 47
Sustainment of Body Armour Plates
SSP/00099
BI = D&E Site, LCS Bicester, Oxon, OX26 3LD
On
Previous Contract No
26 Nov 2014
Requirements
Item
Number
Reference
Description
1
8470-99-2692265
2
8470-99-2692266
3
8470-99-2692265
4
8470-99-2692266
Refurbish Osprey Body
Armour Front Plate within
Yr 1 in accordance with
Statement of Work.
Refurbish Osprey Body
Armour Rear Plate within
Yr 1 in accordance with
Statement of Work.
Supply Osprey Body
Armour Front Plate, as
required by the authority
to replace damaged Front
Plates up to the quantity
detailed in accordance
with the Statement of
Work within Yr 1.
Supply Osprey Body
Armour Rear Plate, as
required by the authority
to replace damaged Rear
Plates up to the quantity
detailed in accordance
with Statement of Work
within Yr 1.
Delivery Schedule (Wks
from date of order, and
rate per week)
Deliver
To
Est
Quantity
UOM
Packaging
Code
Notes to Supplier
BI
3500
Each
08
Yr1 shall run from the
Contract Award date
until 31/03/2016
BI
3500
Each
08
BI
350
Each
08
BI
350
Each
08
Unit Price
(£)
Price All £ (ex-VAT)
Item
Number
Reference
Description
5
8470-99-2692265
6
8470-99-2692266
7
8470-99-2692265
8
8470-99-2692266
Refurbish Osprey Body
Armour Front Plate in FY
16/17 in accordance with
Statement of Work.
Refurbish Osprey Body
Armour Rear Plate in FY
16/17 in accordance with
Statement of Work.
Supply Osprey Body
Armour Front Plate, in
accordance with the
Statement of Work in FY
16/17.
Supply Osprey Body
Armour Rear Plate, in
accordance with the
Statement of Work in FY
16/17.
Item
Number
Reference
Description
9
8470-99-2692265
10
8470-99-2692266
11
8470-99-2692265
12
8470-99-2692266
Refurbish Osprey Body
Armour Front Plate in FY
17/18 in accordance with
Statement of Work.
Refurbish Osprey Body
Armour Rear Plate in FY
17/18 in accordance with
Statement of Work.
Supply Osprey Body
Armour Front Plate, in
accordance with the
Statement of Work in FY
17/18.
Supply Osprey Body
Armour Rear Plate, in
accordance with the
Statement of Work in FY
17/18.
Delivery Schedule (Wks
from date of order, and
rate per week)
Delivery Schedule (Wks
from date of order, and
rate per week)
Deliver
To
Est
Quantity
UOM
Packaging
Code
Notes to Supplier
BI
3500
Each
08
FY 16/17 shall run
from 01/04/2016 until
31/03/2017
BI
3500
Each
08
BI
350
Each
08
BI
350
Each
08
Deliver
To
Est
Quantity
UOM
Packaging
Code
Notes to Supplier
BI
3500
Each
08
FY 17/18 shall run
from 01/04/2017 until
31/03/2018
BI
3500
Each
08
BI
350
Each
08
BI
350
Each
08
Unit Price
(£)
Price All £ (ex-VAT)
Unit Price
(£)
Price All £ (ex-VAT)
Item
Number
Reference
Description
13
8470-99-2692265
14
8470-99-2692266
15
8470-99-2692265
16
8470-99-2692266
Refurbish Osprey Body
Armour Front Plate in FY
18/19 in accordance with
Statement of Work.
Refurbish Osprey Body
Armour Rear Plate in FY
18/19 in accordance with
Statement of Work.
Supply Osprey Body
Armour Front Plate, in
accordance with the
Statement of Work in FY
18/19.
Supply Osprey Body
Armour Rear Plate, in
accordance with the
Statement of Work in FY
18/19.
Delivery Schedule (Wks
from date of order, and
rate per week)
Deliver
To
Est
Quantity
UOM
Packaging
Code
Notes to Supplier
BI
3500
Each
08
FY 18/19 shall run
from 01/04/2018 until
31/03/2019
BI
3500
Each
08
BI
350
Each
08
BI
350
Each
08
Unit Price
(£)
Price All £ (ex-VAT)
OPTION 1
Item
Number
Reference
Description
17
8470-99-4989273
17583-168/R
18
8470-99-4989274
18651-168/R
19
8470-99-4989273
17583-168/R
20
8470-99-4989274
18651-168/R
Refurbish Paraclete Body
Armour Plate in FY 14/15
in accordance with
Statement of Work.
Refurbish Paraclete Body
Armour side Plate in FY
14/15 in accordance with
Statement of Work.
Supply Paraclete Body
Armour Plate, in
accordance with
Statement of Work in FY
14/15.
Supply Paraclete Body
Armour side Plate, in
accordance with
Statement of Work in FY
14/15.
Delivery Schedule (Wks
from date of order, and
rate per week)
Deliver
To
Est
Quantity
UOM
Packaging
Code
Notes to Supplier
Unit as
stated
on
order
Unit as
stated
on
order
Unit as
stated
on
order
400
Each
08
FY 14/15 shal run
from Contract award
until 31/03/2015
400
Each
08
40
Each
08
Unit as
stated
on
order
40
Each
08
Deliver
To
Est
Quantity
UOM
Packaging
Code
Notes to Supplier
Unit as
stated
on
order
Unit as
stated
on
order
Unit as
stated
on
order
800
Each
08
FY 15/16 shall run
from 01/04/2015 until
31/03/2016
800
Each
08
80
Each
08
Unit as
stated
on
order
80
Each
08
Unit Price
(£)
Price All £ (ex-VAT)
Unit Price
(£)
Price All £ (ex-VAT)
OPTION 2
Item
Number
Reference
Description
21
8470-99-4989273
17583-168/R
22
8470-99-4989274
18651-168/R
23
8470-99-4989273
17583-168/R
24
8470-99-4989274
18651-168/R
Refurbish Paraclete Body
Armour Plate in FY 15/16
in accordance with
Statement of Work.
Refurbish Paraclete Body
Armour side Plate in FY
15/16 in accordance with
Statement of Work.
Supply Paraclete Body
Armour Plate, in
accordance with
Statement of Work in FY
15/16.
Supply Paraclete Body
Armour side Plate, in
accordance with
Statement of Work in FY
15/16.
Delivery Schedule (Wks
from date of order, and
rate per week)
OPTION 3
Item
Number
Reference
Description
25
8470-99-4989273
17583-168/R
26
8470-99-4989274
18651-168/R
27
8470-99-4989273
17583-168/R
28
8470-99-4989274
18651-168/R
Refurbish Paraclete Body
Armour Plate in FY 16/17
in accordance with
Statement of Work.
Refurbish Paraclete Body
Armour side Plate in FY
16/17 in accordance with
Statement of Work.
Supply Paraclete Body
Armour Plate, in
accordance with
Statement of Work in FY
16/17.
Supply Paraclete Body
Armour side Plate, in
accordance with
Statement of Work in FY
16/17.
Delivery Schedule (Wks
from date of order, and
rate per week)
Deliver
To
Est
Quantity
UOM
Packaging
Code
Notes to Supplier
Unit as
stated
on
order
Unit as
stated
on
order
Unit as
stated
on
order
800
Each
08
FY 16/17 shall run
from 01/04/2016 until
31/03/2017
800
Each
08
80
Each
08
Unit as
stated
on
order
80
Each
08
Deliver
To
Est
Quantity
UOM
Packaging
Code
Notes to Supplier
Unit as
stated
on
order
Unit as
stated
on
order
Unit as
stated
on
order
800
Each
08
FY 17/18 shall run
from 01/04/2017 until
31/03/2018
800
Each
08
80
Each
08
Unit as
stated
on
order
80
Each
08
Unit Price
(£)
Price All £ (ex-VAT)
Unit Price
(£)
Price All £ (ex-VAT)
OPTION 4
Item
Number
Reference
Description
29
8470-99-4989273
17583-168/R
30
8470-99-4989274
18651-168/R
31
8470-99-4989273
17583-168/R
32
8470-99-4989274
18651-168/R
Refurbish Paraclete Body
Armour Plate in FY 17/18
in accordance with
Statement of Work.
Refurbish Paraclete Body
Armour side Plate in FY
17/18 in accordance with
Statement of Work.
Supply Paraclete Body
Armour Plate, in
accordance with
Statement of Work in FY
17/18.
Supply Paraclete Body
Armour side Plate, in
accordance with
Statement of Work in FY
17/18.
Delivery Schedule (Wks
from date of order, and
rate per week)
OPTION 5
Item
Number
Reference
Description
33
8470-99-4989273
17583-168/R
34
8470-99-4989274
18651-168/R
35
8470-99-4989273
17583-168/R
36
8470-99-4989274
18651-168/R
Refurbish Paraclete Body
Armour Plate in FY 18/19
in accordance with
Statement of Work.
Refurbish Paraclete Body
Armour side Plate in FY
18/19 in accordance with
Statement of Work.
Supply Paraclete Body
Armour Plate, in
accordance with
Statement of Work in FY
18/19.
Supply Paraclete Body
Armour side Plate, in
accordance with
Statement of Work in FY
18/19.
Delivery Schedule (Wks
from date of order, and
rate per week)
Deliver
To
Est
Quantity
UOM
Packaging
Code
Notes to Supplier
Unit as
stated
on
order
Unit as
stated
on
order
Unit as
stated
on
order
800
Each
08
FY 18/19 shall run
from 01/04/2018 until
31/03/2019
800
Each
08
80
Each
08
Unit as
stated
on
order
80
Each
08
Unit Price
(£)
Price All £ (ex-VAT)
STATEMENT OF WORK
OSPREY AND PARACLETE ARMOUR PLATE INSPECTION AND REFURBISHMENT
Refurbishment Requirements
NB (1): The Authority reserves the right to inspect any BER Armour Plates discarded
through the refurbishment process.
1.
Requirements
1.1 On receipt of an order/warrant for returned armour plates from service, the contractor is to
undertake a phased programme of refurbishment work that shall be carried out in accordance
with the Procedural and Quality Assurance Requirements of Osprey and Paraclete ArmourInspection and Refurbishment and with NP Process for Refurbishment of Osprey Plates (front
and rear) Process Flow P000-PF001.
2.
Phase 1. Visual Inspection and Prepare Plates for X-Ray.
2.1 Carry out initial visual checks to assess plates for the most appropriate refurbishment
process. Any plate that is obviously damaged that renders it beyond repair can be filtered out
without the use of an x-ray and be subsequently treated as Level 4.
2.2 All other plates are to be sorted, remove covers, if initial visual check deems it necessary
(Paraclete Only), inspected for cracks in preparation for x-ray.
2.3
3.
All data is to be recorded against the plate’s unique reference number.
Phase 2. X-Ray Plates.
i. Level 1 - Plates that pass x-ray and are in good condition and requires no refurbishment
to achieve A1 condition move straight to stamping1 as appropriate, and packing area.
ii. Level 2 - Plates that pass x-ray that have minor defects, remedial work must be
undertaken to bring the plates to A1 condition (e.g. re-use existing non-ballistic
materials).
iii. Level 3 - Plates that pass x-ray but with greater defect than at level 2 but are deemed
economically repairable are to be repaired to achieve A1 condition (e.g. replacement of
non ballistic materials).
3.1
4.
Record plate as pass or fail x-ray and progress to Phase 3 or 4 as appropriate.
Phase 3. Reassemble Plates.
4.1 Reassemble plates, as appropriate to the refurbishment process and affix label with all
traceability required on rear of Dyneema plates. Plates having received remedial repair from
Level 2 and 3 that achieve A1 condition and having been reassembled move to stamping , as
appropriate, and packing area.
4.2
5.
Record all data in log book and computer record.
Phase 4. Destroy and Dispose of Plates.
5.1 In an instance where a plate reaches the company under the refurbishment programme
and is identified as Beyond Economic Repair (BER) or deemed Damaged Beyond Repair (DBR)
1
The authority will review the stamping requirement post OP HERRICK
Page 1
following visual inspection, Phase 1, or the x-ray process, Phase 2, the plates are to be
quarantined and the Contractor is to submit a letter to the authority for disposal action:
a)
b)
Osprey - [Redacted – Section 26, Defence]
or
Paraclete – [Redacted – Section 26, Defence]
5.2 Following the appropriate approval by the above, (detailed at Box 7 of DEFFORM 111, the
Appendix to the contract), the plates are to be destroyed by compression in 100 ton press and
placed back in the container for secure land fill or isolated and returned to Bicester in the case
of plates not manufactured by NP Aerospace Ltd).
6.
Marking
6.1 All plates that pass the x-ray criteria are to be stamped to the authorities’ requirement with
an ink stamp in a defined shape to identify the operation for which the plate has been allocated
or a refurbishment data table as appropriate. The supplier is to liaise with authority, (as detailed
in paragraph 5.1), to confirm stamping requirements.
6.2 The manufacturer’s attention is drawn to the need for all labels to include the following
detail;
(i) Item Name.
(ii) NATO Stock No.
(iii) Contract No. (This refurbishment)
6.3 The Supplier is to ensure that all refurbished plates have a UID Label (Barcode) attached,
in accordance with the training arranged by LogNEC in April 2012.
7.
New Plates
7.1
All plates supplied under the contract will conform to the following:
i. OSPREY
New Osprey plates must protect against the threats as detailed in the Performance
Requirement Document, DC/PS/6535 Annex A excluding table 4, 4.1.6 requirement i.e.
No Bump Cover and tested in accordance with UK/SC/6515, Technical Testing
Specification for Osprey Hard Armour Plates, manufactured to the dimensional detail as
specified in drawings A0/9855 – Protective Plate, Rear, Osprey Body Armour and
A0/9856 – Protective Plate, Front, Osprey Body Armour with the weight of each plate
not exceeding 3.4kg.
ii. PARACLETE
New Paraclete plates must protect against the threats as detailed in the Performance
Requirement Document, DC/PS/6535 and tested in accordance with L129 issue 1,
Technical Testing Specification for Paraclete Hard Armour Plates, manufactured to the
dimensional detail as specified in drawings 17583-168 and Process Flow P168-PF001.
7.2 The authorities, [Redacted – Section 26, Defence], will programme the resupply of DBR
plates in accordance with the requirement whilst being cognisant of the manufacturers’
production specifications.
7.3 The specifications and test process is to be reviewed periodically to ensure currency of
threat, advancement in technology and material data/development. Any significant changes to
the above the authority may require subsequent proof and batch testing.
Page 2
Annex A to Statement of Work
QUALITY ASSURANCE REQUIREMENTS OSPREY & PARACLETE ARMOUR - INSPECTION
AND REFURBISHMENT
1.
Scope
1.1
This document details procedural and quality assurance requirements for the inspection and
refurbishment of Osprey plates and Paraclete armour system (hereafter referred to as
product, unless otherwise specified) as defined by;
Osprey:
 DC/PS/6535 – High Velocity Armour Piercing Small Arms Protective Plates For Use With
In Service Osprey Body Armour
Paraclete:
 NP Aerospace part no: 17583-168/R - Double curved; industry standard size plate to fit
into Paraclete and Blackhawk covers product range.
 NP Aerospace part no: 18651-168/R – Single curved plate; 140mm x 140mm to fit into
the Paraclete and Blackhawk covers product range.
1.2 The Contractor must provide sufficient evidence during the tender exercise and as required
by STSP / MOD, of their capacity to fulfil the refurbishment programme throughout the life of the
contract in accordance with the Contract Conditions and this document.
2.
Supply of Product
2.1 Quantities of product required by MOD for refurbishment shall be as advised by Warrant
Order, any discrepancies between the Warrant Order and quantities delivered shall be advised to
STSP / SCA1.
3.
Procedure
3.1 The Contractor shall be responsible for formulating and implementing within their
organisation, suitable documentation that defines and controls all aspects of the inspection and
refurbishment process from receipt of product through to its return to MOD.
3.2
Above documentation shall be agreed by STSP / GQAR prior to any work being carried out.
4
Inspection and Refurbishment Process
4.1 The Contractor shall be responsible for identifying all processes required in order to meet the
requirements of the contract and this document.
4.2 The inspection and refurbishment process shall ensure that all products are serviced to an
“as new” condition, as defined by its relevant specification. All product identified as not meeting
with requirements shall be subject to disposal action (see paragraph 7).
4.3 The inspection and refurbishment process shall ensure all products are suitable for returning
to MOD A1 stock, defined as;
“Serviceable, Unqualified Stocks which are fit for issue without qualification (routine or preissue checks or tests excepted)”
4.4 The Contractor shall take appropriate steps to ensure that the performance of the product is
not compromised through the refurbishment process. This shall include return of product to MOD.
Page 3
4.5 Due to the safety critical nature of these items, no ballistic component i.e. aramid or ceramic,
shall be replaced on any product as part of the refurbishment process.
4.6
The weight of all Plates shall be recorded.
4.7 Where not the same as for the original product, materials used for re-covering product shall
be approved by STSP / GQAR prior to use.
4.8
The Contractor shall operate a works / batch control system for execution of
refurbishment work. Control documentation shall clearly identify all operators responsible for
carrying out refurbishment work and, the stage of their involvement.
5.
Non Destructive Testing (NDT) – Radiographic Inspection
5.1 As part of the refurbishment process, all Hard Armour Plates shall be subject to NDT
Radiographic Inspection to establish any structural defect within the ballistic components of the
plate not readily apparent through visual inspection. NDT Radiographic Inspection shall be carried
out in accordance with Defence Standard 05-65 (Part 1) / Issue 2 – NON DESTRUCTIVE
TESTING, PART 1: RADIOGRAPHIC INSPECTION and, shall establish plates as being free from
any structural defects such as dents, cracks, corrosion, voids, chipping and not delaminating.
NB: Ref: Def Stan 05-65 (Part 1) / Issue 2:
(1)
Attention is drawn to the use of BS M 34 – Method of preparation and use of
radiographic techniques.
(2)
Appropriate qualification of all personnel involved in the NDT Radiographic Inspection
process shall be those trained and qualified according to the requirements of a
qualification scheme to BS EN ISO 473.
5.2 All aspects of the NDT Radiographic Inspection process, including the Identification and
Preparation of Radiographic Technique and the identification and use of personnel with the
appropriate level of qualification, particular for the activity e.g. radiographer, radiograph interpreter
etc, shall be the responsibility of the Contractor and, must be agreed by MOD / STSP prior to any
activity being carried out.
5.3 Any sub-contractor used to provide NDT Radiographic Inspection activities shall be agreed
by MOD / STSP prior to use and shall be UKAS (or an international equivalent) accredited to BS
EN ISO 17025 for performing ceramic / armour NDT Radiographic Inspection.
6.
Identification
6.1 Original identification of the product shall not be compromised or lost during the inspection
and refurbishment process
6.2 On successful completion of the inspection and refurbishment process, all products shall be
identified with the following;
(i)
“1st Insp” – To indicate the product as being Inspected and refurbished.
(ii) Date of Inspection.
(iii) Works / Batch Order / Control number.
6.3 Product undergoing a second inspection and refurbishment shall be annotated “2nd Insp”,
together with other markings described above. Any subsequent inspection and refurbishment shall
be marked “3rd Insp.” etc. Subsequent identification shall not compromise any previous markings.
6.4 All identification shall be in accordance with the authority’s specification in accordance with
the Statement of Work.
Page 4
7.
Supporting Documentation and Traceability
7.1 All products processed in accordance with this contract shall be traceable to the raw
materials used in the process. All raw materials used in fulfilment of this contract shall be
traceable to their manufacturer and production batch. This shall include any cleaning agents used.
Certificates of Conformity shall be sought and held by the contractor for all raw materials.
7.2 Separate 640’s shall be used to distinguish between product that is to be refurbished and
product that is to be disposed of. Mauve copies of the 640 shall be forwarded to the GQAR.
9.
Certification
The Contractor shall be responsible for providing a Certificate of Conformity (C of C),
template supplied by STSP, against all products delivered and disposed of in connection with this
contract. Approval for any deviation from this must be sought from STSP QA, DES LE STSPPgMO-QM1, and/or the STSP Project Manager, DES LE STSP-DCC-SURV-PM3a-Prot.
9.1
A copy of the C of C should be sent with the goods and a copy sent to the STSP Project
Manager, DES LE STSP-DCC-SURV-PM3a-Prot.
9.2
The Contractor is advise that any goods received without C of C will not be deemed
delivered as not ‘Fit for Purpose’ and will be quarantined until such time as the C of C is received.
9.3
10.
Records
10.1 Records of all inspection and refurbishment activities shall be held in soft (electronic) and
hard copy by the Contractor for the duration of the contract plus five years or in accordance with
the Contractors ISO 9001 QMS Records retention procedures, whichever is greater. Records shall
include each individual plate radiograph image.
10.2 Records held by the Contractor shall be readily accessible by STSP / GQAR
10.3 Records of all inspection and refurbishment activities in connection with this contract,
including radiograph images, shall be forwarded to STSP / GQAR in soft (electronic) copy together
with the mauve copy 640.
10.4 Details of all records to be held, file formats and retention periods shall be agreed by STSP /
GQAR prior to any refurbishment work being undertaken.
NOTES:
(1) FAILURE TO CONFORM TO ANY OF THE ABOVE REQUIREMENTS WILL RESULT IN
PRODUCT BEING REJECTED.
(2) CONTRACTORS MUST REFER BACK TO STSP / GQAR FOR CLARIFICATION IF
UNSURE OF ANY OF THE ABOVE OR ANY CONFLICTS EXIST BETWEEN SPECIFICATIONS,
THIS ANNEX OR CONTRACT CONDITIONS.
(3) ALL ACTIONS CARRIED OUT IN ACCORDANCE WITH THIS CONTRACT AND THE
ABOVE SHALL BE AT THE CONTRACTORS EXPENSE.
Page 5
1.
GENERAL CONDITIONS
DEFCON68 (Edn.04/14) - Supply of Data for Hazardous Articles, Materials and Substances
DEFCON501 (Edn.08/14) - Definitions and Interpretations
DEFCON503 (Edn.06/14) - Formal Amendments To Contract
DEFCON515 (Edn.10/04) - Bankruptcy and Insolvency
DEFCON516 (Edn.04/12) - Equality
DEFCON518 (Edn.11/12) - Transfer
DEFCON520 (Edn.07/11) - Corrupt Gifts and Payments of Commission
DEFCON521 (Edn.04/12) - Sub-Contracting to Supported Businesses
DEFCON526 (Edn.08/02) - Notices
DEFCON527 (Edn.09/97) - Waiver
DEFCON528 (Edn.05/12) - Overseas Expenditure, Import and Export Licences
The Contractor's attention is drawn to clause 1 of DEFCON 528 requiring notification
of overseas expenditure. In this connection, the Contractor shall, within one month of
acceptance of the Contract, notify the Contracts Branch of details of any overseas
sub-contract or order he has placed, or intends to place, in aid of the contract. Details
to be provided are: Contract No; Country in which sub-contract placed/to be placed;
Name, Division and full postal address of sub-contractor; Value of sub-contract as
applicable to main contract; Date placed/to be placed. If no overseas orders are to be
placed, the Contractor shall advise the Contracts Branch to this effect in the same
timescale
DEFCON528App (Edn.) - Appendix to DEFCON 528 – Overseas Expenditure, Import and
Export Licences
DEFCON529 (Edn.09/97) - Law (English)
DEFCON530 (Edn.07/04) - Dispute Resolution (English Law)
DEFCON531 (Edn.05/05) - Disclosure of Information
DEFCON532A (Edn.06/10) - Protection Of Personal Data (Where Personal Data is not being
processed on behalf of the Authority)
DEFCON537 (Edn.06/02) - Rights of Third Parties
DEFCON538 (Edn.06/02) - Severability
DEFCON539 (Edn.08/13) - Transparency
DEFCON566 (Edn.07/14) - Change of Control of Contractor
DEFCON620 (Edn.06/14) - Contract Change Control Procedure
DEFCON656 (Edn.03/06) - Break
Page 1
DEFCON691 (Edn.07/14) - Timber and Wood – Derived Products
Security Measures
Definition
1.
In this Condition:
a) ‘Secret Matter’ means any matter connected with the Contract, or its
performance which is designated by the Authority in the security aspects
letter annexed to the Contract or otherwise in writing as "Top Secret" or
"Secret", and shall include any information concerning the content of such
matter and anything which contains or may reveal that matter;
b) ‘Employee’ shall include any person who is an employee or director of the
Contractor or who occupies the position of a director of the Contractor, by
whatever title given.
The Official Secrets Acts
2.
The Contractor shall:
a) take all reasonable steps to ensure that all Employees engaged on any
work in connection with the Contract have notice that the Official Secrets Acts
1911-1989 apply to them and will continue so to apply after the completion or
termination of the Contract; and
b) if directed by the Authority, ensure that any Employee shall sign a
statement acknowledging that, both during the term of the Contract and after
its completion or termination, they are bound by the Official Secrets Acts
1911-1989 (and where applicable any other legislation).
Security Measures
3. Unless they have the written authorisation of the Authority to do otherwise,
neither the Contractor nor any of their Employees shall, either before or after the
completion or termination of the Contract, do or permit to be done anything which
they know or ought reasonably to know may result in Secret Matter being disclosed
to or acquired by a person in any of the following categories:
a) who is not a British citizen;
b) who does not hold the appropriate authority for access to the protected
matter;
c) in respect of whom the Authority has notified the Contractor in writing that
the Secret Matter shall not be disclosed to or acquired by that person;
d) who is not an Employee of the Contractor;
e) who is an Employee of the Contractor and has no need to know the
information for the proper performance of the Contract.
Page 2
4. Unless they have the written authorisation of the Authority to do otherwise, the
Contractor and their Employees shall, both before and after the completion or
termination of the Contract, take all reasonable steps to ensure that:
a) no photograph of, or pertaining to, any Secret Matter shall be taken and no
copy of or extract from any Secret Matter shall be made except to the extent
necessary for the proper performance of the Contract;
b) any Secret Matter is at all times strictly safeguarded in accordance with the
Security Policy Framework (as amended from time to time) and upon request
is delivered up to the Authority who shall be entitled to retain it.
A decision of the Authority on the question of whether the Contractor has taken or is
taking reasonable steps as required by this Clause, shall be final and conclusive.
5.
The Contractor shall:
a. provide to the Authority:
(i)
upon request, such records giving particulars of those
Employees who have had at any time, access to any Secret Matter
that is required to be kept in accordance with Sub-clause 4.b.);
(ii)
upon request, such information as the Authority may from time
to time require so as to be satisfied that the Contractor and their
Employees are complying with their obligations under this Condition,
including the measures taken or proposed by the Contractor so as to
comply with their obligations and to prevent any breach of them;
(iii)
full particulars of any failure by the Contractor and their
Employees to comply with any obligations relating to Secret Matter
arising under this Condition immediately upon such failure becoming
apparent;
b) ensure that, for the purpose of checking the Contractor's compliance with
the obligation in Sub-clause 4.b.), a representative of the Authority shall be
entitled at any time to enter and inspect any premises used by the Contractor
which are in any way connected with the Contract and inspect any document
or thing in any such premises, which is being used or made for the purposes
of the Contract. Such representative shall be entitled to all such information
as they may reasonably require.
6. If at any time either before or after the completion or termination of the Contract,
the Contractor or any of their Employees discovers or suspects that an unauthorised
person is seeking or has sought to obtain information directly or indirectly concerning
any Secret Matter, the Contractor shall forthwith inform the Authority of the matter
with full particulars thereof.
Subcontracts
7. If the Contractor proposes to make a sub-contract which will involve the
disclosure of Secret Matter to the sub-contractor, the Contractor shall:
Page 3
a. submit for approval of the Authority the name of the proposed subcontractor, a statement of the work to be carried out and any other details
known to the Contractor which the Authority shall reasonably require;
b. incorporate into the sub-contract the terms of the Appendix to this condition
and such secrecy and security obligations as the Authority shall direct. In the
appendix "Agreement" shall mean the "Sub-Contract", "First Party" shall
mean the "Contractor" and "Second Party" shall mean the "Sub-Contractor";
c. inform the Authority immediately they become aware of any breach by the
sub-contractor of any secrecy or security obligation and, if requested to do so
by the Authority, terminate the sub-contract.
Termination
8.
The Authority shall be entitled to terminate the Contract immediately if:
a. the Contractor is in breach of any obligation under this Condition; or
b. the Contractor is in breach of any secrecy or security obligation imposed by
any other contract with the Crown;
where the Authority considers the circumstances of the breach jeopardise the
secrecy or security of the Secret Matter.
APPENDIX to Security Measures
Security Measures - Provisions To Be Included In Relevant Sub-Contracts
Definition
1.
In this Condition:a. ‘Secret Matter’ means any matter connected with the Agreement, or its
performance which the First Party informs the Second Party in writing has
been designated by the Authority as "TOP SECRET" or "SECRET" and shall
include any information concerning the content of such matter and anything
which contains or may reveal that matter;
b. ‘Employee’ shall include any person who is an employee or director of the
Second Party or who occupies the position of a director of the Second Party,
by whatever title given.
c. The ‘Authority’ means the Secretary of State for Defence.
The Official Secrets Acts
2.
The Second Party shall:
a. Take all reasonable steps to ensure that all Employees engaged on any
work in connection with the Agreement have notice that the Official Secrets
Acts 1911-1989 apply to them and will continue so to apply after the
completion or termination of the Agreement; and
b. If directed by the First Party or the Authority, ensure that any Employee
shall sign a statement acknowledging that, both during the term of the
Page 4
Agreement and after its completion or termination, they are bound by the
Official Secrets Acts 1911-1989 (and where applicable any other legislation).
Security Measures
3. Unless they have the written authorisation of the Authority to do otherwise,
neither the Second Party nor any of their Employees shall, either before or after the
completion or termination of the Agreement, do or permit to be done anything which
they know or ought reasonably to know may result in Secret Matter being disclosed
to or acquired by a person in any of the following categories:
a. who is not a British citizen;
b. who does not hold the appropriate authority for access to the protected
matter;
c. in respect of whom the Authority has notified the Second Party in writing
that the Secret Matter shall not be disclosed to or acquired by that person;
d. who is not an Employee of the Second Party;
e. who is an Employee of the Second Party and has no need to know the
information for the proper performance of the Agreement.
4. Unless they have the written permission of the Authority to do otherwise, the
Second Party and their Employees shall, both before and after the completion or
termination of the Agreement, take all reasonable steps to ensure that:
a. no photograph of, or pertaining to, any Secret Matter shall be taken and no
copy of or extract from any Secret Matter shall be made except to the extent
necessary for the proper performance of the Agreement;
b. any Secret Matter is at all times strictly safeguarded in accordance with the
Security Policy Framework (as amended from time to time) and upon request
is delivered up to the Authority who shall be entitled to retain it.
A decision of the Authority on the question of whether the Second Party has taken or
is taking reasonable steps as required by this Clause, shall be final and conclusive.
5.
The Second Party shall:
a. provide to the Authority:
(i)
upon request, such records giving particulars of those
Employees who have had at any time, access to any Secret Matter
that is required to be kept in accordance with Sub-clause 4.b).;
(ii)
upon request, such information as the Authority may from time
to time require so as to be satisfied that the Second Party and their
Employees are complying with their obligations under this Condition,
including the measures taken or proposed by the Second Party so as
to comply with their obligations and to prevent any breach of them;
(iii)
full particulars of any failure by the Second Party and their
Employees to comply with any obligations relating to Secret Matter
Page 5
arising under this Condition immediately upon such failure becoming
apparent;
b) ensure that, for the purpose of checking the Second Party's compliance
with the obligation in Sub-clause 4.b), a representative of the First Party or
the Authority shall be entitled at any time to enter and inspect any premises
used by the Second Party which are in any way connected with the
Agreement and inspect any document or thing in any such premises, which is
being used or made for the purposes of the Agreement. Such representative
shall be entitled to all such information as they may reasonably require.
6. If at any time either before or after the completion or termination of the Contract,
the Second Party or any of their Employees discovers or suspects that an
unauthorised person is seeking or has sought to obtain information directly or
indirectly concerning any Secret Matter, the Second Party shall forthwith inform the
Authority of the matter with full particulars thereof.
Sub-Contracts
7. If the Second Party proposes to make a sub-contract which will involve the
disclosure of Secret Matter to the sub-contractor, the Second Party shall:
a. submit for approval of the Authority the name of the proposed subcontractor, a statement of the work to be carried out and any other details
known to the Second Party which the Authority shall reasonably require;
b. incorporate into the sub-contract the terms of this Condition and such
secrecy and security obligations as the Authority shall direct.
c. inform the Authority immediately they become aware of any breach by the
sub-contractor of any secrecy or security obligation and, if requested to do so
by the Authority, terminate the Agreement.
Termination
8.
The First Party shall be entitled to terminate the Agreement immediately if:
a. the Second Party is in breach of any obligation under this Condition; or
b. the Second Party is in breach of any secrecy or security obligation imposed
by any other contract with the Crown;
where the Authority considers the circumstances of the breach jeopardise the
secrecy or security of the Secret Matter and notifies its contractor accordingly.
Security Measures (With SAL)
For the purpose of DEFCON659, the Secret Matter of the Contract is defined in the
Department's letter reference SSP/00099 dated 20/11/2014. Changes in these
classifications will be notified by DES LE STSP-DCC-Comrcl2c to whom enquiries
about the Security Aspects Letter should be addressed.
Page 6
Sustainable Procurement - Best Practice
The Contractor is encouraged to bring to the attention of the Authority any measures
which might promote sustainable procurement from a social, economic and
environmental point of view.
Sustainable Procurement - Legislative Requirements
The Contractor shall take all reasonable steps to procure the observance of [the
economic, social and environmental legislation] related to the subject matter or the
execution of the contract by any servants, employees or agents of the Contractor and
any subcontractors engaged in the performance of the Contract.
If the Contractor becomes aware of any prosecution or proceedings, for criminal
breaches of [the economic, social and environmental legislation] related to the
subject matter or the execution of the Contract, against the Contractor, any servants,
employees or agents of the Contractor and any subcontractors engaged in
performance of the Contract, the Contractor shall immediately notify the Authority at
the address specified in the Contract.
Any convictions during the period of the Contract for criminal breaches of [the
economic, social and environmental legislation] related to the subject matter or the
execution of the Contract by the Contractor or any of the Contractor’s
directors/partners or senior management who have powers of representation,
decision or control, shall be regarded as a material breach of this Contract.
2.
SPECIFICATIONS, PLANS, ETC
DEFCON129 (Edn.03/14) - Packaging (For Articles other than Munitions)
DEFCON502 (Edn.06/14) - Specifications Changes
DEFCON602A (Edn.12/06) - Deliverable Quality Plan
Unless otherwise notified, the Quality Plan shall be delivered to the Quality Focal
Point within 3 months of contract award and shall be considered accepted 1 month
after delivery subject to the satisfaction of the Project Manager.
DEFCON608 (Edn.10/98) - Access and Facilities to be Provided by the Contractor
DEFCON610B (Edn.12/02) - Enabling Contracts - Duration Period (Spares/Repair Contracts)
For the purposes of DEFCON 610B, the period in which orders may be placed by the
Authority shall be from the Date of Contract Award until the 31/03/2019. For the
purposes of items 1-4, The first Contract year (Yr1) shall run from the date of
Contract award until 31/03/2016. For all other items Financial Years (FY) shall
commence on 1st April in the relevant year and conclude on the preceding day the
following year.
DEFCON617 (Edn.12/02) - Enabling Contracts - Estimated Quantities
DEFCON624 (Edn.11/13) - Use of Asbestos
Page 7
DEFCON627 (Edn.12/10) - Quality Assurance - Requirement for a Certificate of Conformity
Traceability and Design Provenance is required for all items on this contract. Copies
of all Certificates of Conformity (in the format set out in the CofC annex) are to be
sent to the QAR specified in Box 7 of DEFFORM 111.
DEFCON637 (Edn.08/99) - Defect Investigation and Liability
DEFCON644 (Edn.10/98) - Marking of Articles
Contractor Working Parties
For the purposes of the Contract, any Contractor Working Parties shall be provided in
accordance with Defence Standard 05-61 Part 4 (Issue 3) entitled “Quality Assurance
Procedural Requirements – Contract Working Parties”.
Deliverable Quality Plan
Once the Deliverable Quality Plan has been agreed by the Authority, it shall be
incorporated into the Contract. The Contractor shall be solely responsible for the
accuracy, suitability and applicability of the Deliverable Quality Plan.
NATO Quality Assurance Requirements (Design/Development and Production)
For the purposes of the Contract, AQAP2110 Edition 3 entitled "NATO Quality
Assurance Requirement for Design/Development and Production" and Defence
Standard 05-61 Part 1 (Concessions) Issue 4 shall apply.
Quality Assurance Representative
All reference to the QAR in documents which form part of this Contract shall be read
as referring to the Authority specified in Box 7 of DEFFORM 111.
3.
PRICE
DEFCON618 (Edn.12/02) - Standing Offer
DEFCON648A (Edn.07/04) - Availability of Information
DEFCON650A (Edn.07/04) - Reference to the Review Board of Questions Arising Under the
Contract
DEFCON651A (Edn.07/04) - Reference to the Review Board of Questions Arising in Relation
to Relevant Subcontracts Including Those with a Subsidiary Company or Firm
DEFCON652 (Edn.07/04) - Remedy Limitation
Price - Delivered
Unless otherwise stated in the Schedule of Requirements, the price shall be the price
that is valid on the date that the order is issued, for the articles packaged in
accordance with the terms of the Contract and delivered on the basis of Delivery
Duty Paid. The Contractor shall be responsible for all costs associated with
Page 8
transportation of the articles to the named destination(s) and shall bear the risk for
loss or damage to the articles until such time as the Authority takes delivery.
Exercise of Options
The Authority reserves the right to seek competitive tenders for the option
requirement(s) detailed below within the period specified for the exercise of that
option. In such event, the Contractor shall not relinquish any of his obligations to
supply the option requirement(s) detailed below nor shall the Authority waive any of
its rights under the said condition.
Option Prices
The option prices detailed below are firm prices not subject to variation.
In addition to the quantity detailed at Items 1-16 of the Schedule of Requirements the
Contractor hereby grants to the Authority the following irrevocable options to
purchase/refurbish quantities of items in accordance with the terms and conditions
set out in this contract or any such subsequent contract or contracts where such
options are taken up, it being agreed that the Authority has no obligation to exercise
such options.
(a) Option 1: Refurbishment of up to an Estimated Qty 400 Paraclete Plates
and side plates (and replacement of up to an estimated 40 Paraclete plates
and side plates) during FY 14/15. To be delivered in accordance with the firm
prices and delivery schedule, at items 17-20 of the schedule of requirements;
provided the Authority exercises such an option by no later than 31/03/2015.
(b) Option 2: Refurbishment of up to an Estimated Qty 800 Paraclete Plates
and side plates (and replacement of up to an estimated 80 Paraclete plates
and side plates) during FY 15/16. To be delivered in accordance with the firm
prices and delivery schedule, at items 21-24 of the schedule of requirements;
provided the Authority exercises such an option by no later than 31/12/2015.
(c) Option 3: Refurbishment of up to an Estimated Qty 800 Paraclete Plates
and side plates (and replacement of up to an estimated 80 Paraclete plates
and side plates) during FY 16/17. To be delivered in accordance with the firm
prices and delivery schedule, at items 25-28 of the schedule of requirements;
provided the Authority exercises such an option by no later than 31/12/2016.
(d) Option 4: Refurbishment of up to an Estimated Qty 800 Paraclete Plates
and side plates (and replacement of up to an estimated 80 Paraclete plates
and side plates) during FY 17/18. To be delivered in accordance with the firm
prices and delivery schedule, at items 29-32 of the schedule of requirements;
provided the Authority exercises such an option by no later than 31/12/2017.
(e) Option 5: Refurbishment of up to an Estimated Qty 800 Paraclete Plates
and side plates (and replacement of up to an estimated 80 Paraclete plates
and side plates) during FY 18/19. To be delivered in accordance with the firm
prices and delivery schedule, at items 33-36 of the schedule of requirements;
provided the Authority exercises such an option by no later than 31/12/2018.
Page 9
The Authority may exercise any of the options in Clauses (a) to (d) above up to the
stated quantities, as well as in the stated quantities and the option prices shall apply
equally to the quantities so varied.
The Authority shall have the right to exercise the options by the specified dates or
within such further period as corresponds to the aggregate of any period(s):
(a) of delay in the delivery programme whether constituting any breach of the
Contract or resulting from any force majeure event within Condition 6, or
(b) for the duration of which the Authority is prevented from exercising any
such option by reason of any other breach of the Contract by the Contractor.
4.
INTELLECTUAL PROPERTY RIGHTS
DEFCON16 (Edn.10/04) - Repair and Maintenance Information
DEFCON21 (Edn.10/04) - Retention of Records
DEFCON632 (Edn.08/12) - Third Party Intellectual Property - Rights and Restrictions
5.
LOANS
DEFCON611 (Edn.07/10) - Issued Property
DEFCON694 (Edn.02/12) - Accounting For Property of the Authority
(Within 60 days of Contract award, the Contractor shall provide the Commercial Officer,
detailed at Box 1 of the Defform111, with details of dates when quarterly reports required
under clause 1.b of this condition are to be submitted to DBS Finance ADMT. The Contractor
will inform the commercial officer of the actual date that each report is submitted within 1
month of each submission.)
6.
DELIVERY
DEFCON5 (Edn.07/99) - MOD Form 640 - Advice and Inspection Note
DEFCON113 (Edn.10/04) - Diversion Orders
DEFCON507 (Edn.10/98) - Delivery
DEFCON524 (Edn.10/98) - Rejection
DEFCON525 (Edn.10/98) - Acceptance
DEFCON612 (Edn.10/98) - Loss of or Damage to the Articles
DEFCON614 (Edn.09/03) - Default
DEFCON621B (Edn.10/04) - Transport (if the Contractor is responsible for transport).
DEFCON622 (Edn.12/02) - Repair Turn Around Times
Page 10
Force Majeure
1. The Contractor shall not be in breach of this Contract, nor liable for late or nonperformance of any of its obligations under this Contract, if such delay or failure
result from a “Force Majeure Event”. For the purposes of this Contract a Force
Majeure Event is defined as one of the following:
(a)
(b)
(c)
(d)
acts of nature;
war;
hostilities;
fire at any of the Contractor’s premises or those of its suppliers.
2. The Contractor shall immediately notify the Authority in writing on the occurrence
of a Force Majeure Event, including details of the Force Majeure Event, its effect on
the Contractor’s obligations under this Contract, and the actions proposed to mitigate
its effect.
3. Subject to Clause 4 below, the Contractor shall be entitled to an appropriate
extension of time for performing such obligations provided always that the Contractor
has used, to the satisfaction of the Authority, all reasonable endeavours, both to
mitigate the effects of the Force Majeure Event, and to facilitate the continued
performance of its obligations under this Contract.
4. The maximum extension of time granted under this clause shall be limited to 6
weeks after which time the Authority may, on giving written notice to the Contractor,
terminate this Contract with immediate effect.
Liquidated Damages (Supply)
1. It is recognised by the Parties that if the Contractor fails to deliver any of the
Articles within the timescales specified in the schedule of Requirements the Authority
will suffer loss and damage.
2. Accordingly, for each day’s delay (including bank holidays and weekends) the
Contractor shall pay the Authority 0.5% up to a maximum of 15% as Liquidated
Damages. The Parties confirm that this sum represents a genuine pre-estimate of the
Authority’s loss.
3. The provisions of this Clause are without prejudice to any other rights of the
Authority under the Contract, including but not limited to those under DEFCON 614
(Default). Accordingly, in the event that the Authority terminates the Contract,
Liquidated Damages shall be payable under Clause 2 above until the date of such
termination.
4. Unless expressly stated by the Authority in writing, the provisions of DEFCON
527 (Waiver) shall apply to the Authority’s right to recover Liquidated Damages under
this Clause
EC Metrication
All imperial units of measurement included in the technical documentation
(specifications, drawings and subsidiary specifications and standards etc.) for the
Articles required under the Contract are to be converted to metric units in accordance
with the requirements of BS 350. The resulting metric units are to be regarded as the
Page 11
primary unit of measurement and the imperial units retained as a supplementary
indication.
Packaging Commercial
The Articles to be supplied under the Contract shall be packaged in accordance with
the Commercial Packaging standards detailed in DEFCON 129 amended/ amplified
as follows;
(a) All goods shall be supplied in a consignment pack (outer pack) consisting
of a double wall corrugated carton. These consignment packs must be
durable enough to withstand transportation and handling and arrive in
'reasonable' condition at DSDA.
(b) PPQ packs, overpacks and consignment packs are to be filled to capacity
to provide further protection against their collapse when palletised. Voids
shall be filled with appropriate packaging materiel.
(c) The maximum weight per PPQ pack, overpack or consignment pack is
not to exceed 20 kg.
(d) In addition to the labelling requirement within DEFCON 129, each
consignment pack shall in addition carry a label detailing the following
information;
1.
F640 number
2.
Delivery Address
3.
Packer's confirmation stamp
(e) Labels shall be positioned centrally on each consignment pack such that
the carton can be opened for examination without damage to the labels.
(f) The consignment pack that contains the consignment documentation is to
be clearly marked 'Documentation Here'
Palletisation
All goods shall be delivered to the consignee in accordance with the Palletisation
requirement detailed in the Palletisation Annex.
7.
PAYMENTS/RECEIPTS
DEFCON509 (Edn.09/97) - Recovery of Sums Due
DEFCON513 (Edn.06/10) - Value Added Tax
DEFCON522 (Edn.07/99) - Payment
DEFCON523 (Edn.03/99) - Payment of Bills Using the Bankers Automated Clearing Service
(BACS) System
DEFCON534 (Edn.06/97) - Prompt Payment (Sub-Contracts)
Page 12
Payment - MOD Form 640
For each delivery of Articles made under the Contract, the Contractor is to complete
and dispatch a set of MoD Form 640 (Advice and Inspection Note). Green and Brown
copies of MOD Forms 640 are to be sent to the Representative of the Authority
identified on the Defform 522A attached in the Payment Annex.
The Contractor shall ensure that the required price details for each item invoiced are
included on the Brown copy of the MOD Form 640. When the delivery has been
receipted by the consignee, the Brown “Payment” copy of the MoD Form 640 will be
returned to the Contractor for use as his claim for payment. Claims for Payment are
to be submitted to the invoice paying authority detailed at Box 11 of the DEFFORM
111.
The Contractor shall also ensure that the Consignee details reflect the delivery
address and that the Red copy of the MoD Form 640 is packed with the goods.
On completion of the Contract, the Contractor shall send a copy of the final Advice
and Inspection Note (MOD Form 640) to the Quality Assurance Representative
detailed at Box 7 of DEFFORM 111, the Appendix to the Contract.
To avoid delays in payment, MoD Forms 640 must show the Contract Number, the
Management Code/s (DMC/s) as defined on the Schedule and the full NATO stock
Number/MoD Stock reference Number of each item included in the consignment.
Transport Arrangements
Many Depots can accept delivery only between 0800-1530 hours Mondays to
Fridays. The Contractor shall therefore obtain the consignee’s approval before
consigning goods that will arrive outside these hours. When making deliveries to
Bicester Depot the booking service must be contacted at least 48 hours before
delivery on 01869 257039 to book a delivery slot. For deliveries made direct to Units,
the Contractor must contact the Unit direct to arrange a delivery time that is mutually
convenient.
8.
CONTRACT ADMINISTRATION
DEFCON604 (Edn.06/14) - Progress Reports
For the purposes of the Contract, the frequency of reports shall be Monthly.
DEFCON642 (Edn.06/14) - Progress Meetings
For the purposes of the Contract, Progress Meetings shall be held on the first,
second and third anniversary of the Contract award date, or as agreed by the
Authority.
DEFCON647 (Edn.09/13) - Financial Management Information
Page 13
DEFFORM 111
(Edn 08/14)
Appendix - Addresses and Other Information
1. Commercial Officer
8. Public Accounting Authority
1. Returns under DEFCON 694 (or SC equivalent) should be sent to
DBS Finance ADMT – Assets In Industry 1, Level 4 Piccadilly Gate,
Store Street, Manchester, M1 2WD
 44 (0) 161 233 5397
DES LE STSP-DCC-Surv-Comrcl2c
Elm 3c, MOD Abbey Wood, Bristol, BS34 8JH
Email: [email protected]
2. For all other enquiries contact DES Fin FA-AMET Policy, Level 4
Piccadilly Gate, Store Street, Manchester, M1 2WD
 44 (0) 161 233 5394
2. Project Manager, Equipment Support Manager or PT Leader
(from whom technical information is available)
9. Consignment Instructions
The items are to be consigned as follows:
DES LE STSP-DCC-Surv-PM3-Prot, Elm 3c, MOD Abbey Wood, Bristol,
BS34 8JH
See Schedule of Requirement
Email: [email protected]
10. Transport. The appropriate Ministry of Defence Transport Offices
are:
A. DSCOM, DE&S, DSCOM, MoD Abbey Wood, Cedar 3c, Mail
Point 3351, BRISTOL BS34 8JH
Air Freight Centre
IMPORTS  030 679 81113 / 81114 Fax 0117 913 8943
EXPORTS  030 679 81113 / 81114 Fax 0117 913 8943
Surface Freight Centre
IMPORTS  030 679 81129 / 81133 / 81138 Fax 0117 913 8946
EXPORTS  030 679 81129 / 81133 / 81138 Fax 0117 913 8946
3. Packaging Design Authority
N/A
(where no address is shown please contact the Project Team in Box 2)
4. (a) Supply/Support Management Branch or Order Manager:
DES LE STSP-DCC-Surv-SCM
Elm 3c, MOD Abbey Wood, Bristol, BS34 8JH
[Redacted – Section 40, Personal Information]
B. JSCS
JSCS Helpdesk No. 01869 256052 (select option 2, then option 3)
JSCS Fax No. 01869 256837
www.freightcollection.com
(b) U.I.N. D0465A
5. Drawings/Specifications are available from
11The Invoice Paying Authority (see Note 1)
Ministry of Defence
 0151-242-2000
DBS Finance
Walker House, Exchange Flags
Fax: 0151-242-2809
Liverpool, L2 3YL
Website is:
https://www.gov.uk/government/organisations/ministry-ofdefence/about/procurement#invoice-processing
DES LE STSP-DCC-Surv-PM3-Prot
Elm 3c, MOD Abbey Wood, Bristol, BS34 8JH
Email: [email protected]
6. For contracts containing DEFCON 5, mauve Copies of MOD Form
640 are to be sent to
12. Forms and Documentation are available through *:
Ministry of Defence, Forms and Pubs Commodity Management
PO Box 2, Building C16, C Site
Lower Arncott
Bicester, OX25 1LP (Tel. 01869 256197 Fax: 01869 256824)
Applications via fax or email: [email protected].
DES LE STSP-DCC-Surv-SCM
Elm 3c, MOD Abbey Wood, Bristol, BS34 8JH
(where no address is shown the mauve copy should be destroyed)
7.
Quality Assurance Representative:
NOTES
1. Forms. Hard copies, including MOD Form 640 are available from
address in Box 12. , All other invoicing forms e.g. AG Forms 169 and
173, are available from the website address shown at Box 11.
DES LE STSP-PgMO-QM1
Elm 3b, MOD Abbey Wood, Bristol, BS34 8JH
2.* Many DEFCONs and DEFFORMs can also be obtained from the
MOD Internet Website;
https://www.aof.mod.uk/aofcontent/tactical/toolkit/index.htm
AQAPS and DEF STANs are available from UK Defence Standardization,
for access to the documents and details of the helpdesk visit
http://dstan.uwh.diif.r.mil.uk/ [intranet] or https://www.dstan.mod.uk/
[extranet, registration needed].
For Official Use Only Recoverable
YES
Issue of Government Property
YES
NO
X
NO
VAT Contractor - Country of Origin (delete those not applicable)
UK
X
Overseas (non-EC Country)
Overseas (EC Country)
If EC specify country:
Outside the scope
Item Nos
Exempt
Item Nos
Taxable Zero Rate
Item Nos
Taxable - Standard Rate
Item Nos
(where a contract is with an overseas contractor JSP 916 should be consulted)
X
Finance Branch
DES LE SSP-Del-Surv-Fin
RAC/ LPC No/
Project No
P900651300
Requisition No
91753
Project Management/
Production branch
reference
Survivability
Place of manufacture
Coventry
Place of packaging
Coventry
Contractor’s Tel No
024 7670 2802
DEFFORM 539A
Tenderer’s Commercially Sensitive Information Form
ITT Ref No: SSP/00099
Description of Tenderer’s Commercially Sensitive Information:
Cross Reference(s) to location of sensitive information in Tender:
Explanation of Sensitivity:
Details of potential harm resulting from disclosure:
Period of Confidence (if applicable):
Contact Details for Transparency/Freedom of Information matters:
Name:
Position:
Address:
Telephone Number:
E-mail Address:
Defform 28ABW
Not to be used for General
Correspondence with the
Ministry
Affix
Stamp
Here
DES LE STSP-DCC-Comrcl2c
Defence Equipment and Support
Soldier System Programmes, Survivability
Elm 3c, #4335, MOD Abbey Wood,
Bristol, BS34 8JH
Tender No: SSP/00099
Due 10 am, 14/01/2015
DEFFORM 28ABW
Edn 6/09
Defform 28ABW
Not to be used for General
Correspondence with the
Ministry
Affix
Stamp
Here
DES LE STSP-DCC-Comrcl2c
Defence Equipment and Support
Soldier System Programmes, Survivability
Elm 3c, #4335, MOD Abbey Wood,
Bristol, BS34 8JH
Tender No: SSP/00099
Due 10 am, 14/01/2015
DEFFORM 28ABW
Edn 6/09
DEFFORM 522A
Ministry of Defence
RELEVANT FORM DETAILS FOR DEFCON 522 PAYMENT
CONDITION
This form must be completed and attached to each contract containing
DEFCON 522.
Contract Number:
Line Item plus further
description if necessary
All Items
SSP/00099
Relevant Form
Representative of the
Authority
MOD Form 640
Accounts Payable Manager.
Logistics Services Finance
Team, C16, C Site, Arncott,
Bicester, Oxon, OX25 2LD
With regard to paragraph 3 of DEFCON 522, the Contractor shall submit all claims
for payment to the Bill Paying Branch using a properly completed DAB Form 10.
Palletisation Annex
CONTRACT REQUIREMENTS FOR RETAIL TRADE AND BULK RECEIPTS FROM INDUSTRY
WHERE GOODS ARE TO BE PALLETISED FOR SSP CONTRACTS
1.
Applicability
a. This requirement is applicable to receipts of 1 pallet or more of clothing or footwear and
other STSP stores, which due to their dimensions or characteristics can be safely
configured in a palletised format.
b. All bulk and trade receipts which consist of one or more pallet load must be presented to
LSC Bicester on the NATO standard one tonne pallet conforming to drawing AO/11125 28
Jan 98 attached. Wood used in pallets must comply with the provisions of paragraph 3 of
DEFCON 129 (Edn 07/08) and be marked so as to conform with the provisions of the
International Standard for Phytosanitary Measures, Guidelines for Regulating Wood
Packaging Material in International Trade, Publication No 15.
2.
Modular Pallet Load Packaging Requirements.
a. Over packing onto the pallet must not exceed the base pallet dimensions of 1200 x
1000mm and the maximum permissible height of the load including the pallet must not
exceed 1030mm. Maximum loaded weight including pallet must not exceed 500kg.
b. The loaded pallet must have a flat top in order that a second and similar load can be placed
on top to facilitate safe transportation and mechanical handling in transit without damage
being incurred to either pallet or loads.
c. When securing the load to the pallet the contractor must be aware that the goods will be
transported and handled many times before reaching their final destination to the user. The
robustness of keeping the pallet load intact is of paramount importance.
3.
Segregation
a. Each pallet load is to contain packages of the same Nato stock number and size as the
product contract description and must be labelled as “FULL PALLET”.
b. Where the final demand quantities exceed the full load requirement, several Nato stock
numbers from a single demand and from the same contract can be palletised together,
these must be clearly labelled “MIXED PALLET”.
c. Where a delivery includes a pallet load that does not constitute a full pallet load, then that
pallet must be labelled “PART PALLET”.
4.
Securing Packages To Pallets.
a. More than one method will be allowed to secure packages to a single pallet load i.e. nonmetallic strapping or stretch wrap or a combination of both. When using non-metallic
strapping, a minimum of four straps will be used in cross-fitted positions. Two or more pallet
loads must not be fastened together.
5.
Documentation
a. All pallets must be pallet wrapped using a clear wrapping, which catches a single pallet
summary sheet giving full identification.
b. The package/pallet load that contains the consignment documentation must be clearly
marked DOCUMENTATION HERE.
6.
Deviation/Waiver From Requirement
a. This document has been agreed to enhance the handling capability and distribution of items
throughout the support and supply chain. No deviation from this requirement will be allowed
without the written consent of both parties.
Certificate of Conformity
Issue: 1 Oct’ ‘13
1. Supplier CoC Serial No.
Certificate of Conformity
2. Supplier Name and Address:
3. Contract Number:
SSP/00099
4. Contract Modification
Number:
5. Details of Concessions:
6. Acquirer Name and Address:
7. Deliver Address:
8. Contract
item
number
13.
N/A
9. Product Description and/or
part number
10.
Quantity
11. Shipment Document
Numbers
12. Undelivered
Quantity
Traceability Information reference DEFCON 627 (check the N/A box to indicate no traceability
requirements)
a. Sub-contract/Order number:
b. Specification/Drawing number including
issue:
c. Identification Marks and/or serial number(s):
d. Material Cast number:
e. Batch and/or Lot number:
f. Test and/or Inspection Report(s):
g. Incoming Release Note number/Reference:
14.
Other Remarks or Comments: (e.g. Cure date. Shelf life.)
15.
Supplier Statement of Quality:
It is certified that apart from the concessions noted in block #5 above, the products listed
above conform in all respects to the contract requirements.
Date:
Name and Post Title:
Signature:
Equality Of Information - Pricing Statement
Contract No [SSP/00099]
1.
The Company and the Authority each confirms that the negotiations
leading to the agreement as at ............... of price(s) as recorded at Annex 1
to this Statement were conducted in accordance with the principles of
paragraph 9 (Equality of Information) of The 1968 Profit Formula Agreement
which has now been carried forward in the 2013 General Review of the Profit
Formula for Non-Competitive Government Contracts.
2.
The Company and the Authority each confirms that it is not aware of
any material omission or inaccuracy in the facts and pricing assumptions
provided by it, on which the price(s) are based, and which are set out or
referenced in Annex 2 to this Statement.
3.
The Company confirms that in estimating the costs on which the
price(s) recorded at Annex 1 to this Statement are based it has observed the
cost accounting practices set out in the Questionnaire as to the Method of
Allocation of Costs dated ............... except as explained in Annex 2 to this
Statement.
4.
The Authority and the Company shall each maintain in confidence the
information provided to it by the other for the purpose of the negotiations
mentioned in paragraph 1 above. Information will not be disclosed to others
without the written authority of the owner. The Authority and the Company
confirm that each is free to provide such information to the Review Board for
Government Contracts should the need arise in pursuance of DEFCON 650 /
650A (Reference To The Review Board Of Questions Arising Under The
Contract) in respect of the contract incorporating the above price(s).
5.
The agreement of price(s) set out in this Statement does not constitute
any representation by either party to the other or oblige either party to
contract with the other.
2
To the best of the knowledge of each of us the foregoing is correct and there
have been no material changes to the information set out or referenced in
Annex 2 to this Statement between the time of price agreement and the date
of signature below.
Signed: ......................................
Signed: ......................................
Name: ......................................
Name: ........................................
Position: ...................................
Position: .....................................
Company: .................................
for (insert trading name of Company)
Authority: ...................................
for the Secretary of State for
Defence
Date:
Date: ………..................................
.....................................
3
Annex 1 to Equality Of Information Pricing Statement Dated
........ In Respect Of Contract No. [SSP/00099]
Prices
Item No:
Qty:
Price:
Price Breakdowns may be inserted for future use if agreed
4
Annex 2 To Equality Of Information Pricing Statement Dated
........ In Respect Of Contract No. [SSP/00099]
Facts And Pricing Assumptions
1.
For contracts worth more than £1M the pricing statement will record an
appropriate selection of the facts and pricing assumptions which are listed at
a. and b. below.
a.
The following elements are as stated in the Invitation To Tender
(ITT) and response unless annotated otherwise. (Reference of relevant
correspondence should be given where appropriate):

Contract terms, including payment arrangements.

Contract Schedule.

Contract Specification(s).

Statement of Work.

Drawing Build Standard (where it exists).

Inspection and Testing Plan.

Acceptance criteria.

Delivery rate and/or period(s).

Warranty period.

Variation of Price (VOP).

Manufacturing programme, plant and processes.

Government Furnished Equipment.

Special to type tooling, test equipment, jigs & etc.
b.
Major areas of agreement should be recorded in this section for
future reference.

Materials, bought out parts, subcontracted work, inter-Unit
activity.

Direct Labour (man hours and wage rates).

Basis of the estimating allowances including learner, factors
and Models used, including economic and currency factors.

Indirect Costs (overhead rates used).

Basis of forward load anticipated over contract period
including details of related MOD programmes.

Exceptions from the currently agreed QMAC.
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
Exclusions, proprietary prices, elements of the price(s)
established by competition or market prices, etc.

Other Costs, special jigs, test equipment, etc.

Contingencies/Unallocated (i.e. final negotiating lump sum).

Other estimating uncertainties on both sides.

Profit Allowance (i.e. estimated forward CP:CE ratios).
6