Subcontractor Selection Procedure and Tender Evaluation...

Appendix 4.1 to ESTEC Contract No. xxxxx/12/NL/PM Issue: Date: Page 1 of 16

Euclid PLM

Phases B2, C/D and E1

Subcontractor Selection Procedure

and Tender Evaluation

Handbook

(To be adapted to the new version of the code of Best Practices once enacted and also further to the novation of the PLM contract under Euclid Spacecraft Prime contract)

Issue 1


Table of Contents

1. PURPOSE OF THE DOCUMENT ...................................................................................... 4

2. INTRODUCTION AND APPLICABILITY ........................................................................ 4

3. APPLICABLE DOCUMENTS ............................................................................................ 5

4. CONFIDENTIALITY ........................................................................................................... 5

5. ITT/RFQ PREPARATION AND APPROVALS .................................................................. 5

6. ISSUE OF ITT/RFQ - TENDERING PHASE ...................................................................... 6

7. RECEIPT, OPENING AND DISTRIBUTION OF TENDERS ............................................ 7

8. EVALUATION OF TENDERS ............................................................................................. 7

8.1. Fairness of Evaluation ..................................................................................................... 7

8.2. Declaration of Secrecy and Disclosure of Interest .............................................................. 8

8.3. Nomination and Appointment of Tender Evaluation Boards (TEB) ..................................... 9

8.4. Proceedings of the TEB and Evaluation .......................................................................... 10

9. RECOMMENDATION AND FINAL DECISION. ............................................................... 12

9.1. Composition and mandate of the Joint Procurement Board (JPB) ...................................... 12

9.2. Composition and mandate of the Senior Procurement Board (SPB) ................................... 13

10. NEGOTIATIONS WITH SELECTED TENDERER ........................................................... 14

Annex 1: .......................................................................................................................................... 1

Nomination and Appointment Form ................................................................................................... 1

Annex 2: .......................................................................................................................................... 1

Declaration of Secrecy and Non-Interest Form .................................................................................... 1

Annex 3: .......................................................................................................................................... 1

First TEB Minutes ............................................................................................................................ 1

Annex 4: .......................................................................................................................................... 1

Tender Opening Board Report ........................................................................................................... 1


Annex 5: .......................................................................................................................................... 1

Tender Evaluation Board Minutes and Report ..................................................................................... 1

Evaluation criteria and weighing factors ................................................................................... 3

Annex 6: GUIDE FOR EVALUATION ............................................................................................ 1


1. PURPOSE OF THE DOCUMENT

The purpose of this document is to describe the Procedure to be applied in the Euclid PLM Implementation Phases Subcontractors’ selection, in order to meet all the applicable requirements and objectives in the build-up and completion of the Industrial Team.

2. INTRODUCTION AND APPLICABILITY

As part of the PLM Contractor’s responsibility under its contract with the European Space Agency (ESA), the Euclid PLM Contractor has to complete its Industrial Team (for the purpose of fulfilling the objectives of the Contract) in two stages as follows: The selection of the Subcontractors in the frame of the Euclid PLM Project shall be under ESA’s supervision and involvement. The selection of the Sub-contractors will start during Phase B2 with the aim to be completed early in Phase C. To this end, the Items identified in the ”Industrial Procurement Plan” to be agreed by the Agency, and any such Items identified at a later stage, shall be subcontracted by the Euclid PLM Contractor after selection in compliance with the present procedure. Selection shall be performed via competition (open or restricted) with the issue of an Invitation to Tender (ITT) or via a non-competitive tender, namely, a Request for Quotation (RFQ), where the Agency has expressly waived the requirement for competition, between potential suppliers and evaluation performed by the Boards described herein. The associated procedure - from the ITT/RFQ package preparation up to the Contract award to the selected bidder - is provided in this document. This procedure applies to all Contractor/Subcontractor procurement activities (ITTs and RFQs) down to the lowest level, not only to the ITTs/RFQs to be issued directly by the Euclid PLM Contractor, but also to the ITTs/RFQs that have been or will be identified at a later stage to be issued by the Euclid PLM Contractor’s Subcontractors. The company issuing such ITT or RFQ for a subcontract will hereinafter be referred to as “Issuing Company”. In cases where the Euclid PLM Contractor is not the Issuing Company, their approval (and of any intermediate contractual layer) is required in addition to ESA’s approval for all matters. The Euclid PLM Contractor shall participate in all subcontracting Tender Evaluation Boards (TEB), including cases where it is not the Issuing Company. Where applicable, the intermediate subcontractors in the contractual chain, shall be involved.


The Best Practices “for the selection of subcontractors by Prime contractors in the frame of ESA’s major procurements” (AD-1) shall apply to all procurement actions pertinent to the Euclid PLM subcontractors’ selection. The provisions of the Best Practices Tender Evaluation Manual (AD-2) are applicable to said subcontractors’ selections and to the procedures described herein; In the event of conflict between the provisions of the AD-2 and those of the present procedure, this procedure shall prevail.

3. APPLICABLE DOCUMENTS

AD-1 Best Practices ”for the Selection of Subcontractors by Prime Contractors in the frame of ESA’s Major Procurements”

ESA/IPC(2005)34,rev.3

AD-2 Best Practices Tender Evaluation Manual, reference: RES-PG/BPTEM-REY.01 dated 18 June 2005

Appendix 1 to Best Practices

ESA/IPC(2005)34,rev.3

4. CONFIDENTIALITY

All correspondence and proceedings of the Boards involved in the evaluations shall be kept strictly confidential as specified in section 8.2 here below. Any communication with Bidders, including the notification of selection and necessary debriefings, shall be channelled through the Issuing Company’s Contract Officer and shall be kept strictly confidential as specified in section 8.2 here below.

5. ITT/RFQ PREPARATION AND APPROVALS

The draft ITT/RFQ package shall be prepared by the Issuing Company in accordance with the present procedures and their applicable documents, and shall be submitted by the TEB chairman to the TEB Participants for its detailed review and in preparation of the Pre-TEB meeting. The contractual conditions for the ITTS/RFQs to be issued by the PLM Contractor shall reflect the terms and conditions of the Euclid PLM Contract concluded between the Euclid PLM Contractor and the Agency, as amended by subsequent CCNs/Riders in accordance with Article 5 Clause 13 of said Contract, flow-down as appropriate to the nature and the magnitude of the procurement. At the pre-TEB meeting, the TEB shall ensure that the ITT package contains correct information, meets all established requirements including schedule and is a sound basis on which to solicit requisite, competitive proposals. The ITT package, including evaluation criteria, shall be approved and specific weighting factors shall be established for the criteria in accordance with the procedure laid down in AD-2. Once agreed, the weighting factors shall be included in the ITT, and shall not be altered or sub-divided. If it is the case that the Euclid PLM Contractor, or any of its Sub- or lower- level


Contractors, intend(s) to bid for a sub-system or any item of work to be performed under the Euclid PLM Implementation Phases, for which it has the responsibility of preparing the corresponding ITT Data Package, in his capacity as Issuing Company, the following shall apply:

1. Such Contactor shall indicate its intention to bid for such procurement item at the pre-TEB and before the start of the meeting the latest;

2. As a result of same, ESA will direct whether the Contractor can retain responsibility for the said procurement. Should ESA decide that responsibility may be retained by the Contractor, the said Contractor shall be excluded from the discussion of the weighting factors. Should ESA decide that responsibility cannot be assumed by the said Contractor, this responsibility may then be transferred to the Contractor’s contractual hierarchy superior or, if a conflict of interest still subsists, an alternative means of resolving this issue shall be determined by ESA.

3. Failure to inform ESA of his intention to bid at the time of the pre-TEB – and subsequently submitting a bid- shall result in rejection of said bid, in the interests of fairness.

4. Such contractor shall undertake that its team preparing the ITT will not be involved in the preparation of the tender, or part thereof.

For all ITT/RFQs, the Agency will nominate a focal point of contact between the TEB chairman/PLM Contractor Contracts Officer and the Agency. This focal point of contact will centralise ESA comments/actions and will formally notify approval of the ITT/RFQ release on behalf of the Agency. The Issuing Company remains, however, responsible for the contents of the ITT/RFQ package.

6. ISSUE OF ITT/RFQ - TENDERING PHASE

The ITT package for open competition shall be issued on the Agency’s EMITS system for External entities whereas the RFQ package shall be sent directly to the bidding company, therefore publication on EMITS is not required. All relations with the bidders during the tendering period will be governed by the rules laid down in AD-2. Any correspondence from or to tenderers will be handled by the Issuing Company’s responsible person, as identified on EMITS, inter alia in the ITT cover letter. Any questions from potential bidders shall be addressed directly from the bidders to the Issuing Company and ESA in parallel via fax, upon which coordinated answers shall be published on EMITS together with the associated questions, without disclosing the name of the company having originated the question. The nominal response time for submission of offers shall not be less than 30 working days, i.e. nominally six calendar weeks or, in case of public holidays periods, a longer


interval to grant the bidding Companies the above mentioned nominal response time. Where schedule criticality is at stake, a shorter tendering period may be implemented.

7. RECEIPT, OPENING AND DISTRIBUTION OF TENDERS

Immediately after receipt of tenders and the formal ITT closing-date, the nominated Tender Opening Board (TOB) will convene to open the tenders and verify that the offers are acceptable for evaluation. A Tender Opening Board Report following the template attached hereto shall be drafted. The duly completed TOB Report shall, on the day of the opening, be faxed to the ESA Project Manager and the ESA Contracts Officer, and to the Euclid PLM Contractor Project Manager and Contracts Officer if applicable, for information. ESA reserves the right to participate in any Tender Opening Board. In the event that the TOB finds that one or more tenders cannot be accepted for evaluation, a recommendation of exclusion of such tender(s) stating the reasons for such, shall be detailed in the TOB Report and submitted to ESA for a decision on the matter. The distribution to the TEB participants of the tenders shall not take place until ESA’s Contracts Officer has given a decision in writing. The decision of ESA shall be final. Furthermore, in the event that, at the Tender Opening, it is discovered that a bid has been received which precludes the full participation in the evaluation of one or more evaluators pursuant to section 8.1 herebelow, ESA’s attention shall be immediately drawn to this point in order for ESA to take appropriate steps such as altering the TEB composition. The offers will then be forwarded to the newly appointed TEB chairman. The TEB Chairman shall arrange for the timely distribution of accepted tenders to the TEB participants. Access to said offers shall be limited only to the persons nominated in the TEB for that particular tender. In case of non-competitive tender actions (i.e. RFQ), a formal TOB is not required. The tender shall be opened by the Issuing Company and a record shall be made in the contract file.

8. EVALUATION OF TENDERS

8.1. Fairness of Evaluation

ESA places great emphasis on fairness of competition and will participate in the evaluation by the Issuing Company together with the Euclid PLM Contractor, if they are not already involved as the Issuing Company.


In the event that the Euclid PLM Contractor, the Issuing Company or one of their affiliates (as defined in AD-1) submits a bid for an ITT or any part thereof, the TEB shall be appointed by and conducted under the responsibility of

ESA, where the Euclid PLM Contractor (or affiliates) intends to bid or the Euclid PLM Contractor, in case any of its subcontractors (or affiliates) is the

Issuing Company and intends to bid, the contractually hierarchical superior of the Issuing Company within the Euclid

PLM industrial team, applicable at all levels of contracting: with the caveat that the Euclid PLM Contractor in the absence of conflict of interest and/or ESA reserves the right to perform this role, where it deems necessary.

Nominally the Issuing Company (or any relevant intermediate Contractual layer affected by a conflict of interest) shall not participate in the evaluation; ESA may grant participation as Observer. In those cases the Observers (in limited number to be agreed on a case by case basis) will have access to the technical documentation of the ITT and all bids received. They are expected to actively support the evaluation by providing verbal and written inputs, but will be excluded from the final TEB conclusions including the voting and marking. ESA reserves the right to establish a more restricted role for the Observer should the procurement be deemed of particular sensitivity. The above shall in no way be construed as relieving the Euclid PLM Contractor or the Issuing Company from their overall responsibility as “Prime” vis-à-vis the subcontractors selected under this procedure.

8.2. Declaration of Secrecy and Disclosure of Interest

It is of paramount importance that all information pertaining to ITTs/RFQs, inter alia TEB discussions, submitted tenders and all documents arising from the evaluation shall be treated as confidential and that access to such documents must be limited to those persons nominated to participate in the evaluation. The following shall therefore apply:

o Declarations of secrecy, non-interest and confidentiality shall be submitted and distributed by the Issuing Company to ESA’s Contracts Officer and, where appropriate, the Euclid PLM Contractor, prior to the circulation of the pre-TEB ITT/RFQ documentation. The Declaration shall be worded so as to cover the entirety of the TEB process.

o The distribution of tenders following the Tender Opening will not be made until

the respective TEB participant has completed and returned the "Declaration of secrecy and non-interest” form (as per the template attached hereto) to the TEB Chairman.

o These forms shall be kept in the evaluation file of the Issuing Company.


o No evaluation participant may discuss topics related to the work of the TEB with any person who is not a nominated TEB participant in the evaluation.

o No person who is not a nominated TEB participant may be present at any TEB

meeting.

o Contacts with bidders concerning the tender under evaluation shall be regulated by paragraph 8 of AD-2, but replacing the words Contractor with the words “the Issuing Company” when the Issuing Company is not the Euclid PLM Contractor.

8.3. Nomination and Appointment of Tender Evaluation Boards (TEB)

For each and every ITT, and RFQ (unless otherwise agreed by the Agency), the Issuing Company shall propose a Tender Evaluation Board (TEB) in parallel to the preparations of the ITT package. The TEB nominations shall be made, in advance of preparing the ITT package, using the template provided as attachment hereto, and be submitted to ESA (and the Euclid PLM Contractor if applicable) in advance of preparing the ITT package. ESA will comment on the TEB nominations as soon as possible and the ESA Euclid PLM Project Manager shall give the final approval thereof following the Tender Opening, when the identity of all bidders is known. The TEB composition for ITTs/RFQs shall follow the generic (in the case where section 8.1 does not apply) membership given hereafter or shall be adapted as necessary in accordance with the provisions of section 8.1 above): Chairman:

Issuing Company Project Manager (or designated representative) Members :

Issuing Company Contracts Officer Issuing Company Technical and P.A. representatives ESA Euclid PLM Project Manager or representative (TBC by ESA) ESA Euclid PLM Project Controller or representative ESA Euclid PLM Contracts Officer or representative ESA Euclid PLM Technical and P.A. representatives Euclid PLM Contractor (if different from the Issuing Company) representatives

TBD Issuing Company hierarchical superior(s) representatives (if applicable and

different from PLM Contractor) Joint secretaries

Issuing Company technical representative TBD Issuing Company Contracts Officer


Pursuant to AD-2, the duties of the TEB Chairman are inter alia to : be responsible for achieving a configured ITT/RFQ issue in a timely manner, by

managing a schedule and giving dead-lines throughout the process; be the focal point for the TEB members and for ESA; ensure the implementation of any agreed changes in the final issue of the ITT/RFQ

package documentation, informing the TEB participants of their duty to preserve secrecy concerning all

matters regarding the ITT/RFQ and the fact that hierarchical superiority alone does not entitle any person to have knowledge of tenders or to be informed of the proceedings of TEBs.

ensure the correctness and completeness of the TEB proceedings as described in this document and in AD-2, with respect to e.g. approval process, weighting factors, confidentiality.

It should be noted that TEB nominations are made ad personam and that all persons nominated shall be allowed to exercise their independent professional judgement without being influenced by their hierarchy.

8.4. Proceedings of the TEB and Evaluation

Every meeting of the TEB shall be recorded in minutes in such form as the chairman directs, but shall as a minimum always cover the contents of the template attached hereto, i.e. inter alia the ITT/RFQ reference, the ITT/RFQ subject, the date, time and number of the meeting, a list of those present, a brief statement explaining the absence of any member not present, a record of decisions taken, any other matters which any member may ask to have recorded in the minutes, and a note of the time at which the meeting closed. Each TEB shall produce a report of the evaluation to be submitted to the Agency, covering the contents of the template attached hereto, i.e. inter alia a summary matrix of all offers received, the marks awarded, a recommendation for award (or re-issuing of tender etc.) the prices and the Geographical distribution. The evaluation report shall be kept confidential at all times, and be sent immediately after the end of the evaluation to Euclid PLM Contractor Project Managers and Contracts Officers and ESA’s Euclid PLM Project Managers and Contracts Officers in parallel. The proposals shall be evaluated against the following criteria, with sub-criteria added for guidelines for evaluation purposes, as appropriate in individual cases: Criterion 1 Background and experience (general and related to the particular field

concerned) of the company (ies) and proposed key personnel and adequacy of proposed facilities


Criterion 2 Understanding of objectives, discussion of problem and risk areas,

proposed design solutions, performance and trade-offs. Compliance of the requirements

Criterion 3 Quality and suitability of proposed programme of work; adequacy of engineering and verification approach including proposed risk mitigation. Flexibility to accommodate changes in the Instrument and in the Service Module Interfaces

Criterion 4 Adequacy of management, costing and planning for the execution of the work including adequacy of the proposed Industrial Procurement Plan, credibility of the planning w.r.t. the need dates, credibility of the proposed financial allocations and credibility of achievement of geo-return requirements *

Criterion 5 Compliance with tender conditions and acceptance of contract conditions *Note: Where the ITT/RFQ foresees the selection of Sub-contractors as part of the work to be performed by the successful bidder, Criterion 4 shall be amended to read as follows: Adequacy of management, costing and planning for the execution of the work. Adequacy of the proposed Industrial Procurement Plan, credibility of the planning wrt the need dates, the credibility and traceability of the proposed financial allocations and the limitation of the “make elements” Where the nature of the activity so justifies (e.g. procurement of Manpower support) the above evaluation criteria may be simplified. For each of the above criteria the offer shall present evidence to permit the following questions to be answered: o Does the offer meet or otherwise reach the requirements and/or objectives of the

ITT/RFQ? o Is the level of risk adequately identified, assessable and is the risk adequately

covered and acceptable? o Does the offer provide or give evidence of a committing basis on which to start

work with confidence that the objectives will be achieved? The TEB shall conduct its independent evaluation and marks shall be awarded as provided for in AD-2. Intermediate marks shall be avoided. One mark shall be given in respect of each of the criteria above. The Chairman may decide to proceed by consensus marking. Considerations of industrial distribution shall not be taken into account unless specifically mentioned in the conditions of tender. Price shall only be taken into account by the TEB in accordance with the provisions of Section 7.4.2.9 of AD-2.

.


9. RECOMMENDATION AND FINAL DECISION.

The TEB report shall be submitted to the Joint Procurement Board (JPB) by the TEB Chairman. The JPB shall review the findings of the TEB in the context of the overall geographical distribution of the project and the prices offered (reference is made to and the provisions related to the Strategic Initiative), and in the case of ITTs, make a recommendation to the Senior Procurement Board (SPB), as to the award of a contract. The decision of the SPB is final. In the case of a non-competitive tender action (RFQs), the final decision shall be taken by the JPB and the SPB shall be informed.

9.1. Composition and mandate of the Joint Procurement Board (JPB)

JPB meetings shall be convened by the JPB Chairman as and when required and each meeting is foreseen to cover, where possible from a scheduling point of view, a batch of ITT evaluations. The following procedures apply for ITTs. In the case of RFQs the procedure will be similar but tailored to the specific requirements of each RFQ.

The JPB has the following functions and responsibilities: Assess the findings of the TEB reports and the markings; Review the quality and completeness of the TEB reports, e.g the consistency

between the narrative part of the TEB report and the markings contained in it; Appraise the prices of the offers in the context of total cost to the project; Assess the geographical return implications of potential selections; Submit to the SPB a recommendation of award to the bidder believed to be the most

beneficial to the overall project objectives (performance, schedule, cost, geographical return), supported by the results of the above analyses

Determine any measure necessary for the future, given the objectives of the overall procurement exercise, in association with recommendation to SPB;

The Joint Procurement Board shall endorse the TEB(s) recommendation(s) or otherwise propose (an) alternative disposition(s) and provide a recommendation for the selection of contractor to the SPB on the basis of quality of the proposal, risks, the price and the overall geographical return situation on the Project.


Composition: Chairman:

ESA Euclid PLM Project Manager Members :

ESA Euclid PLM Project Control Manager Euclid PLM Contractor Project Manager Euclid PLM Procurement Manager

Members & Secretaries: ESA Euclid PLM Contracts Officer Euclid PLM Contractor Contracts Officer

This functional composition shall remain unchanged throughout the entire Euclid PLM procurement phase. The Euclid PLM Contractor and the ESA Project Managers may in addition appoint any advisory experts considered necessary; any such appointment by the Euclid PLM Contractor requires the approval by the JPB Chairman.

9.2. Composition and mandate of the Senior Procurement Board (SPB)

The SPB shall be convened by the SPB Chairman, or on his behalf by the ESA Euclid PLM Contracts Officer, as soon as possible after each JPB meeting. The Senior Procurement Board shall review the recommendation from the JPB with any supporting documentation and make the final decision as to the award of a contract in light of the overall Euclid PLM geo return requirements. The SPB shall further review the geographical return situation and adjust the procurement approach of future actions as necessary. Its decision shall be recorded in writing and forwarded to the ESA and Euclid PLM Contractor Project Managers and Contracts Officers for implementation.


Composition: Chairman:

ESA Head of Science and Robotic Exploration Projects Department Members :

ESA Euclid PLM Project Manager ESA Head of the Science Project Management Support Office ESA Head of Human Spaceflight and Satellites Procurement Division*)

ESA Industrial Policy Officer Euclid PLM Contractor Director (TBC) Euclid PLM Contractor Project Manager Euclid PLM Contractor Head of Contracts (TBC)

Members & Secretaries:

ESA EUCLID PLM Contracts Officer Euclid PLM Contractor Contracts Officer

*) The Head of ESA Procurement Department reserves the right to participate should

he feel it appropriate.

This functional composition shall remain unchanged throughout the entire Euclid PLM procurement phase. The Euclid PLM Contractor and the ESA Project Managers may in addition appoint any advisory experts considered necessary; any such appointment by the Euclid PLM Contractor requires the approval by the SPB Chairman.

10. NEGOTIATIONS WITH SELECTED TENDERER

Following decision by the SPB, the section of the TEB report related to the selected bidder shall be communicated to the Issuing company for commencement of the negotiations. In case the Issuing Company participated in the evaluation as Observer due to conflict of interest, the TEB report shall be communicated to the Issuing Company without the marking. Upon successful negotiations,

the selected offer shall be provided to the Project Managers of the levels above the Issuing Company if they were not involved in the negotiations;

the non selected offers shall be shredded save for one original copy to be archived by the company/organisation having led the TEB.

Where negotiations are unsuccessful and the SPB did not already provide for decision in that case, the SPB shall be reconvened.


Euclid PLM Tender Evaluation Handbook

Doc: Issue: Date: Annex 1 Page 1 of 1

Annex 1:

Nomination and Appointment Form

This composition is to be modified in case of application of Section 8.1 of the Euclid PLM Subcontractor selection procedure.

ESA Date:

Euclid PLM Programme Subcontractors’ Selection ESA Ref. No.:

Nomination and Appointment Form Document Ref.:

ITT NAME: ITT Ref.:

TEB NOMINEES

Capacity Title Name

Chairperson Issuing company Project Manager or representative

Members

Issuing Company

Contractor contracts officer (joint secretary 1)

Technical representative (joint secretary 2)

product assurance representative (TBC)

ESA ESA contracts officer TBC

ESA (project manager or representative) TBC

ESA technical representative

ESA Project Controller (or representative) TBC

ESA PA Representative TBC

Prime Contractor (if different from the Issuing Company)

Members TBD

Industrial intermediate contractual layer

Members TBD

Observers ESA Representative

For ESA:

Euclid PLM Project Manager

Euclid PLM Contracts Officer For Euclid PLM Contractor _________________________________


Euclid PLM Contractor’s Project Manager


Annex 2:

Declaration of Secrecy and Non-Interest Form

Euclid PLM Programme ESA Ref. No.:

Declaration of Secrecy and Non-Interest Form Document Ref.:

ITT NAME: ITT Ref.:

This form supersedes any previous secrecy forms related to the subject.

I hereby declare that I shall not disclose to any unauthorised person, knowledge that I acquire through my participation in the above evaluation.

I further declare that neither I, nor any immediate member of my family, have any personal interest in the outcome of the above ITT. If I have any direct or indirect interest in the above ITT at any time during the period of evaluation of the above ITT and/or any activity related thereto, I will expressly inform the TEB chairman and the ESA contracts officer and abstain from any action related to the above ITT.

__________________

Name:

Title:

Date:


Annex 3:

First TEB Minutes

Issuing Company Date:

Euclid PLM Programme ESA Ref. No.:

Minutes of Pre-Tender Evaluation Board (First TEB) Document Ref.:

ITT NAME: ITT Ref.:

AGENDA: Welcome

1. Establish Quorum 2. Declaration of Secrecy and Non-Interest Form 3. ITT Review 4. Schedule

Agreeing and signing of Minutes

Copies:

1 ESA responsible contract officer in a sealed envelope 1 copy to the Euclid PLM Prime Contractor ITT responsible Contracts Officer in a sealed envelope

PARTICIPANTS AGREEMENT

Agenda of future activities: Tender Closing Date ____________________________ Tender Opening Board (TOB) Tender Evaluation Board (TEB)


1. Establish Quorum The TEB chairman confirms that the necessary quorum is present (see TEB nomination for this ITT). 2. Declaration of Secrecy and Non-Interest Form The TEB chairman confirms that all TEB members including voting members, experts attending as observers and all other attendees in any capacity whatsoever have completed the Declaration of Secrecy and Non-Interest Form. 3. ITT Review In accordance with the provisions of Best Practices, the TEB members have: 3.1 reviewed the following documents and agreed that they are the proper basis for a complete ITT

a. Cover letter including closing date and financial targets b. Special Conditions of Tender and Acknowledgement of Receipt c. Draft Sub-Contract d. P.A. Requirements e. Project Management Requirements f. Document Contents Requirements g. Statement of Work (including Document Requirements List) h. Unit requirement specification and other technical specifications (if any)

3.2 established the evaluation criteria and weighting factors 3.3 agreed the specific guidelines for evaluation (for the avoidance of doubt, these guidelines are

not evaluation criteria and are not intended to limit consideration of any tender in any way). NOTES: ………. 4. Schedule Date submission to ESA Due Date


Annex 4:

Tender Opening Board Report

Issuing Company Date:

Euclid PLM Programme ESA Contract No.:

Tender Opening Board (TOB) Report Document Ref.:

ITT NAME: ITT Ref.:

AGENDA: Welcome

1. Accepted for evaluation 2. Refused for evaluation 3. Companies not competing 4. Checklist

Agreeing and signing of Report

Copies: 1 copy of the TOB report to ESA contracts officer for information. Approval by the ESA Contracts Officer is necessary in case of offer refusal.


TO

B m

embe

rs

Notes: [including any potential adjustment of TEB composition due to submission of bids by affiliates]


1. Accepted for Evaluation The following tenders were received and accepted for evaluation :

ITT REF TENDERER DATE

RECEIVEDDATE

OPENED Price EurosPrice Type

COUNTRY SUBCONTRACTORS

(with nationality)

2. Refused for Evaluation The following tenders were received and refused for evaluation:

ITT REF TENDERER DATE

RECEIVED DATE

OPENED REASONS FOR REFUSAL

3. Companies not competing The following companies completed and returned an Acknowledgement of Receipt however did not submit a tender. Any faxes received from such companies are attached hereto. 1) TBD 2) TBD 3) TBD


4. Checklist (one to be completed per tender) COMPANY 1:

REQUIREMENTS / SECTIONS OF PROPOSAL

COMPLIANT Yes/No COMMENTS

Acknowledgement of receipt

Received by due date and time

Received No. XX of copies

Cover letter

Signature validating offer

Validity period Financial proposal (price type, price and PSS forms)

Contractual proposal Management proposal (product tree, WBS, WPD)

Technical proposal (including P.A.)

Exceptions and non-compliance Other documents/details required by the SCOT

COMPANY 2:






Cover letter







COMPANY 3:






Cover letter







Annex 5:

Tender Evaluation Board Minutes and Report

Issuing Company/Euclid PLM Contractor /ESA Date:

Euclid PLM ESA Contract No.:

Minutes of Tender Evaluation Board (TEB)/

Evaluation Report

Document Ref.:

ITT NAME: ITT Ref.:

AGENDA: Welcome

1. Establish quorum 2. Presentation by ESA/Euclid PLM Prime Contractor 3. Preliminary assessment of tenders/Discussion 4. Marking of tenders 5. Application of weighting factors 6. Overall assessment of tenders/Discussion 7. Recommendation

Agreeing and signing of Minutes

Copies: ESA internal distribution Euclid PLM Contractor Distribution of TEB report without specific marking in case of ESA lead TEB


Chairman: Members Observer Joint Secret.


1. INTRODUCTION: (Short description of the ITT).

2. TENDER ACTION: The Invitation to Tender (ref. XXXXXXXX) was issued on XX XX 200X as open competitive tender/restricted ITT/RFQ with a final closing date of XX XX 200X (extended later to XX XXX 200X). The Invitation to Tender indicated an available budget of XX0,000 Euros. The Tender Opening Board took place on XX XX 200X. The following two offers were received and all were accepted for evaluation: Prime Subcontractors Non-prime

% Geographical Distribution

Price in EURO

The TEB convened at time at Location with the following participants present. Apologies: The required quorum was therefore respected by participation of at least two thirds of the required members.


3. TENDER EVALUATION

Evaluation criteria and weighing factors

The offers were evaluated against the following criteria with the given weighting factors: Criterion 1 Background and experience (general and related to the particular field concerned) of the

company (ies) and proposed key personnel and adequacy of proposed facilities Criterion 2 Understanding of objectives, discussion of problem and risk areas, proposed design

solutions, performance and trade-offs. Compliance of the requirements Criterion 3 Quality and suitability of proposed programme of work; adequacy of engineering and

verification approach including proposed risk mitigation. Flexibility to accommodate changes in the Instrument and in the Service Module Interfaces

Criterion 4 Adequacy of management, costing and planning for the execution of the work including

adequacy of the proposed Industrial Procurement Plan, credibility of the planning w.r.t. the need dates, credibility of the proposed financial allocations and credibility of achievement of geo-return requirements

Criterion 5 Compliance with tender conditions and acceptance of contract conditions Marking against each criterion was given according to the following scale.

100 Perfect90 Excellent75 Very Good60 Good50 Fair40 Barely Acceptable0 Unacceptable


4. COMMENTS ON THE PROPOSALS

COMPANY 1

Overview:

Criterion 1: The proposal is considered to be





COMPANY 2

Overview:






COMPANY 3

Overview:







5. EVALUATION RESULT

The final marking is given in the table below.

CONCLUSIONS …………………………….

Marking Criteria TEB Mark Weight % Final Mark

1 0.00 % #VALUE!2 0.00 % #VALUE!3 0.00 % #VALUE!4 0.00 % #VALUE!5 0.00 % #VALUE!

0% #VALUE!

Marking Criteria Mark Weight % Final Mark


0% #VALUE!

Marking Criteria Mark Weight % Final Mark


0% #VALUE!

Understanding of the requirementsQuality and suitabilityAdequacy of man.t, cost.g, plan.g

Total Mark

Total Mark

COMPANY 2

COMPANY 3

Background/HeritageUnderstanding of the requirementsQuality and suitability

Quality and suitabilityAdequacy of man.t, cost.g, plan.gCompliance with tender and contract

Adequacy of man.t, cost.g, plan.gCompliance with tender and contract

Background/HeritageUnderstanding of the requirements

Total Mark

COMPANY 1

Compliance with tender and contract

Background/Heritage


RECOMMENDATION Each tender has been reviewed, evaluated, marked and ranked. As a result of its review (including taking into account of the preferential clause and the price), the TEB’s recommends to enter into negotiation for the purpose of award of this tender with tenderer for the total (Firm) Firm Fixed Price indicated below:

Prime Contractor Price in Euro % Subcontractors Price in Euro Total FFP:

Upon failure to arrive at a satisfactory negotiation with tenderer, the TEB recommends negotiation with tenderer.

Prime Contractor Price in Euro % Subcontractors Price in Euro Total FFP:

Upon signature of these Minutes, the TEB closed at time.


Annex 6: GUIDE FOR EVALUATION

Euclid PLM

GUIDE FOR EVALUATION

[INSERT ITT Name and Ref]

Not for distribution or communication external to the Tender Evaluation Board.


Notes to Users of this guide.

The objective of this guide is to provide a common matrix for assessment of tenders.

It is intended to assist; it is not intended to limit consideration of any tender in any

way. A specific version of this annex can be established by the first TEB for each

ITT.

This guide intentionally does not direct the TEB members towards weightings,

markings or a final preferred tenderer.

TEB members who use this guide are warned that any information recorded on this

guide is highly confidential and may not be distributed outside of the formal TEB.

This remains the case even after award of contract.

It is the TEB member’s responsibility to either keep any notes safely confidential or

destroy them.

TEB members are reminded that they have signed a confidentiality agreement to

that effect.

It is easier to list exceptions such as tender non-compliances and competitive

advantages.

Be concise, and use key words with tender references (i.e. page numbers).

Once the detailed criteria are addressed, the marking on the TEB evaluation report

shall correspond to the evaluation.


Parameters for each evaluation criterion: to be adapted at the time of the new version of the code of Best Practice once enacted or at Kick-off and further to the novation of the PLM contract under Euclid Spacecraft Prime contract.

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