Contract 4 Agusta helicopters 2012

7/28/2019 Contract 4 Agusta helicopters 2012

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BELGIAN MINISTRY OF DEFENCE

General Direction Material ResourcesDivision Procurement

Aeronautical Systems Section

Date

Annexes : 6

REQUEST FOR PROPOSAL MRMP-A/A-1AA.V01

a. Scope of the sale

b. The present Request for proposal (RFP) is related to the public sale of four(4) Agusta A-109BA helicopters (transport version)

c. The sale has been split-up in four (4) equivalent packages, identified asLot A, unto Lot D. Each package consists of one (1) helicopter, which canbe awarded individually. The composition of the four (4) packages isidentified in Annex A.

d. The technical and logistical configuration of the material has beenidentified in detail in the Annex B, Annex C attachments 1 to 4 and theAnnex D attachments 1 and 2.

e. Applicable procedure Leading authority

f. The bidders may only introduce a bid for those packages they areinterested in.

g. The material will be sold Ex Works in its current condition (as is, whereis), without any warranty or guarantee being offered.

h. It has to be noted that:

(1) The moment the helicopters will be transferred they will not be in anairworthiness condition. The helicopters will need preventivemaintenance and a number of subassemblies require an overhaul. Partof the subassemblies requiring an overhaul have been dismounted andwill be delivered with their respective helicopter.

(2) The helicopters only have a military registration and have never beencertified for civilian air traffic.

i. The sale is tied down to the delivery of supplementary documents like theimport license and export license (if necessary), the Third Party Transferand the signature of a completed End User Certificate (see Annex E ofthe present RFQ).

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j. The department responsible for the present sale and to whom allcorrespondence should be sent is called the Leading Authority:

BELGIAN MINISTRY OF DEFENSEGENERAL DIRECTION MATERIAL RESOURCES

PROCUREMENT DIVISIONAERONAUTICAL SYSTEMS SECTION

SUBSECTION ACQUISITION (MRMP-A/A)Kwartier Koningin ELISABETH

Building 4 D 1.28Eversestraat, 1

B-1140 BRUSSELSBELGIUM

Tel: +32-2-7013539Fax: +32-2-7014914

E-mail:[email protected]

k. Responsible for this sale:LENIERE, Johan

Major of the Air Force, MMBA

Tel: +32-2-7013539

Fax: +32-2-7014914

E-mail:[email protected]

l. A visit will be organised in order to visually inspect the material at thestorage locations. This visit is planned:

1) at ZUTENDAAL (see 4.a) November 23rd 2011 at 10:00 hrs (LocalTime)

2) at BEAUVECHAIN (see 4.b). November 23rd 2011 at 13:30 hrs (LocalTime)

Candidates interested to participate in the visit are requested to confirmtheir presence to the Leading Authority (See 2.e) at least three (3) workingdays before the day of the visit. The practicalities of the visit will becommunicated upon receipt of the confirmation.

m. Validity of the contract

n. The validity of each individual sales contract is subject to the delivery ofan export license (if necessary) by the Belgian FPS Economy, SMEs, self-employed and Energy and the delivery of a Third Party Transfer by theItalian Ministero degli Affari Esteri Unit per le Autorizzazioni dei MaterialidArmamento (UAMA).

o. In order to allow the seller to launch the requests for the export licenseand the Third Party Transfer, the bidder shall transmit to the sellertogether with the bid (see 5.i) two copies of the End User Certificate

(EUC) according to the template in annex E.

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mailto:[email protected]:[email protected]:[email protected]:[email protected]


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p. Storage locations of the material

q. For the helicopters with registration H02 and H07

DisC Mat

Leutsestraat 34

B-3690 ZUTENDAAL

r. For the helicopters with registration H01 and H05

Quartier Base Lieutenant-colonel Aviateur Ch. Roman

Rue de la Grande Lecke

B-1320 BEAUVECHAIN

s. Introduction of the bids

t. It is mandatory to use the template of Annex F of this RFP for submitting

the bids.u. The bids shall have to be in possession of the Leading Authority no later

than the 11th of January 2012, 10 a.m. local Belgian time. The bids shallremain valid at least one hundred and eighty (180) days after this date.

v. Address for submitting the bids: according to 2.e above.

w. In order to be valid, bids shall either:

be sent by postal services, by means of a registered letter mentioning1AA.V01 on the envelope;

be delivered by express courier;x. Bids sent by fax, telex, telephone or e-mail shall not be accepted.

y. Bids may be introduced either in DUTCH, FRENCH or ENGLISH (withexclusion of any other language).

z. Bidding prices (without VAT) are only allowed in EURO. The offered priceswill be firm and fixed, no price revision is allowed.

aa. In their bid, the bidders will make a statement in order to accept the termsand conditions of this RFP.

bb. The bidders have to join at their bid two (2) copies of the End User

Certificate (EUC) completely filled out according to the template in AnnexE.

cc. Awarding criteria

dd. Each bidder is invited to bid on one or more of the packages (OPTION 1)and/or a bidder can bid on all of the packages through the option LotAll (OPTION 2) in the template of Annex F of this RFP.

ee. If a bidder submitted a bid on all of the packages through OPTION 2, he

can only be awarded Lot All if his submitted bid is higher than the sum

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of the other submitted bids on the individual packages through OPTION 1and other bids through OPTION 2.

ff. The packages A to D will be awarded in order to obtain the highestpossible revenue for the seller, taking into account the above mentionedawarding criteria.

gg. Notification of the contract(s)

hh. The winning bidder of each package shall be informed and shall receive acontract proposal in three (3) copies. He will return the three signed copiesof the contract. Nevertheless he will take into account that the Minister ofDefence or the competent authority of the Ministry of Defence is entitledto reject, completely or partially, the awarding of the contract.

ii. The NON-AWARDING (entirely or partially) of the contract, DOESNTENTITLE THE BIDDER TO CLAIM ANY FINANCIAL COMPENSATION

jj. An information letter (or a letter of NON-AWARDING) will be send to thenon-winning bidders.

kk. Signing and mailing of the contract(s) (and the invoice(s))

ll. Three (3) copies of the contract have first to be signed by the bidder. Theywill be presented to the Minister of Defence or the competent authority ofthe Ministry of Defence in order to be countersigned.

mm.A copy of the contract, countersigned by this authority, together with theinvoice will be transmitted to the buyer.

nn.The delivery of a Third Party Transfer by the Italian Ministero degli AffariEsteri UAMA is a suspending condition towards the awarding of thecontract. In case no Third Party Transfer is granted to the bidder withthe highest bid, the awarding of the contract to the bidder with the highestbid shall be cancelled by the seller. In such case the seller will award thecontract to the bidder with the second highest bid, under the samesuspending condition of the delivery of a Third Party Transfer by theItalian Ministero degli Affari Esteri UAMA. In case no Third Party

Transfer is granted, the buyer shall not be entitled to claim any financialcompensation.

oo. It has to be noted that if an export license is necessary, the contract canonly be countersigned by this authority when a valid export license hasbeen granted by the Belgian FPS Economy, SMEs, self-employed andEnergy. In case no valid export license can be obtained for the bidder withthe highest bid, the awarding of the contract to the bidder with the highestbid shall be cancelled by the seller. In such case the seller will award thecontract to the bidder with the second highest bid, under the samesuspending condition of the delivery of an export license. In case noexport license is obtained, the buyer shall not be entitled to claim anyfinancial compensation.

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pp.Payment

qq. Payment can only be made in EURO. Detailed payment instructions arementioned on the invoice.

rr. A performance bond with a value of 20% of the sales value shall betransferred together with the payment. This performance bond will bereimbursed in its totality by the Administration after a correct, complete

and timely pick-up of the material bought.

ss. The total amount due has to be paid in one (1) single payment withinthirty (30) calendar days after the date the invoice was issued.

tt. In case the buyer goes beyond the contractual payment deadline, themeasures stipulated in 11 will automatically be administered.

uu.Pick-up of the material

vv. Collection place: storage location (see 4)

ww. Within ten (10) days after receipt of payment of the invoice, the buyershall receive a collection certificate for the corresponding material. Thecollection certificate has to be presented to the Local Military Authority.

xx. The collection has to be completed within forty-five (45) calendar daysafter the date of issue of the collection certificate. In case the buyer goesbeyond this contractual deadline, the measures stipulated in 11 willautomatically be administered.

yy. The buyer shall be responsible to have all appropriate means available forthe pick-up of the material.

zz. All practical arrangements (date of pick-up, access to the pick-uppremises, ) will be agreed upon between the buyer and the Local MilitaryAuthority.

aaa. The buyer is responsible for the handling, the loading and the transportof the material.

bbb.The buyer is responsible for all damage caused to the agents orproperties of the seller as well as to third parties during the pick-up and/orthe dismantling of the material.

ccc. The buyer will keep the infrastructure in the same state than before the

pick-up and/or dismantling of the helicopter.ddd.The buyer is also responsible for his own personnel or for the personnel

he hired to perform the pick-up of the material.

eee. The Local Military Authority shall clearly and unambiguously identify allthe damages in an official report. This official report will be countersignedby both parties. Without a written vindication of the buyer within seven (7)calendar days, the seller will consider the contents of the official report asaccepted.

fff. The buyer has to repair all the caused damages or let them repair.

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ggg.The buyer shall inform the Leading Authority in writing when the pick-uphas been completed. Within fifty (50) days after reception of thecommunication of the completed pick-up, on condition the pick-up isindeed finished, the performance bond, eventually reduced by thedeductions through the applied measures of 11, will be reimbursed to thebuyer.

hhh. Automatically administered measures

iii. Failure to meet the payment deadline

(1) If no payment is received at the mentioned payment date (see 9.c),the Leading Authority will send a payment reminder by registered mailto the buyer.

(2) If no payment has occurred within the fifteenth (15th) calendar dayfollowing the sending date of the reminder, the sales contract shall bedeclared invalid by the seller. The concerned material shall remain at

the disposal of the Leading Authority.(3) The buyer is indebted to the Leading Authority an amount of 25% of

the amount due of the contract in order to cover the incurredadministrative cost.

(4) This decision will be notified to the buyer by means of a letter byregistered mail which will be considered as a formal notice.

(5) In addition the buyer can be excluded from future sales organized bythe Leading Authority for a period of at least one (1) year.

(6) Failure to meet the pick-up deadline (complete or partially)

(7) No pick-up has occurred

(a) If the material has not been collected within the foreseen period(see 10.c), the Leading Authority will send a reminder to thebuyer by means of a registered mail.

(b) Once the foreseen pick-up deadline has been passed (see 10.c.),per calendar day of delay a deduction of 5% will be applied to theperformance bond.

(c) If no pick-up has occurred latest on the twentieth (20th) calendarday following the sending date of the reminder, the sales contract

shall be declared invalid by the buyer. The concerned material shallremain at the disposal of the Leading Authority.

(d) The Leading Authority shall reimburse to the buyer the paid amount(with the exception of the performance bond) reduced by 50 %(limited to 10.000 per individual package) in order to cover theincurred administrative cost and further loss of value of thematerial.

(e) Furthermore all the costs made by Belgian Defence related to theevacuation of the material will be charged to the buyer.

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(f) This decision to declare the sales contract invalid will be notified tothe buyer by means of a letter by registered mail which will beconsidered as a formal notice.

(g) In addition the buyer can be excluded from future sales organizedby the Leading Authority for a period of at least one (1) year.

(8) Incomplete pick-up

(a) If the material has not been completely picked-up within theforeseen period (see 10.c), the Leading Authority will send areminder to the buyer by means of a registered mail.

(b) Once the foreseen pick-up deadline has been passed (see 10.c.),per calendar day of delay a deduction of 5% will be applied towardsthe performance bond.

(c) If the pick-up has not been completed latest on the twentieth (20th)calendar day after the sending date of the reminder, the salescontract shall be declared finished by the seller. The concernedmaterial that wasnt picked up shall remain at the disposal of theLeading Authority.

(d) In that case no reimbursement will be made by the LeadingAuthority to the buyer.

(e) Furthermore all the costs made by Belgian Defence related to theevacuation of the left material will be charged to the buyer.

(f) This decision will be notified to the buyer by means of a letter byregistered mail which will be considered as a formal notice.

(g) In addition the buyer can be excluded from future sales organized

by the Leading Authority for a period of at least one (1) year.jjj. Warranty

kkk. The material is sold as is, where is without any warranty being offered.

lll. By his competences and the possibility offered to visually inspect thematerial (see 2.g), the buyer is supposed to know the condition of thematerial.

mmm. By introducing a bid, the bidder confirms to know exactly the statusof the helicopter thats being sold. The bidder declares to liberate theBelgian Defence, its personnel and/or its contractors from all responsibility

in case of loss, damages, death or injuries, directly or indirectly caused bya failure or a defect to the helicopters during their pick-up and use.

nnn.The transfer of property will take place at the date the payment isreceived. After this transfer of property the Belgian Defence will notexecute any maintenance activities on the helicopters, unless agreed upondifferently.

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ooo. Disputes

Only the Courts of BRUSSELS are competent in case of dispute.

R. DEBAENE, irMajor-General

Chief Division Procurement

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List of annexes

The Annexes A, B, C, D, E and F are all edited in English.

Annex A: Composition of the packages

Annex B: General information and data on the A-109 helicopter

Annex C App 1: Technical description and configuration of A-109 nr H01




Annex D App 1: Remaining potential per A-109

Annex D App 2: General data and type of inspections due per A-109

Annex E: End User Certificate

Annex F: Template for submitting a bid

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Documents

Contract 4 Agusta helicopters 2012