Statement of Work Specifications Wireless Internet ... - ACO - NATO

NATO UNCLASSIFIEDPART IIFIB-ACO-BRU-13-02Wireless Internet Services at KAFINVITATION FOR INTERNATIONAL BIDDINGIFIB-ACO-BRU-13-02PROVISION OFWireless Internet Services at Kandahar Airfield,AfghanistanINDEXPART IBIDDING INSTRUCTIONS1. Introduction2. Bidding Information3. Bid EvaluationAnnex ARequired CertificationsNATO UNCLASSIFIEDPart I Page 2 of 19

NATO UNCLASSIFIEDPART IIFIB-ACO-BRU-13-02Wireless Internet Services at KAFII - SUBMISSION OF BID2. Bid Structure and Content2.1 Bid Packaging and MarkingBidders shall submit their bids in three (3) separate and distinct envelopesand in the following quantities:a. The Technical Proposal – 1 Original and 1 copy (envelope A)b. The Price Proposal - 1 Original (envelope B) – use template attached inthis IFIB.c. The Certificates - 1 Original (envelope C)2.1.1 Each envelope shall contain the documents specified in Section 2.2 “BidContent”, and shall be duly sealed and identified with the following markings:a. Name and address of the Bidder.b. The words “SEALED BID” followed by one of the following identificationsas appropriate:(A) Technical Proposal(B) Price Proposal(C) Bid Certificatesc. The bid number attributed to this IFIB: IFIB-ACO-BRU-13-022.1.2 In order to facilitate evaluation, the Bidder may also submit a copy of theproposal on a CD ROM written in Microsoft Office Word (2007 or latestversion). Bidder shall be responsible for consistency between paper andelectronic versions. The paper version will be considered the Bidder’s officialsubmission. Do not copy any price information on a CD ROM.2.1.3 The separate envelopes shall be placed in an outer container/envelopesuitable for mailing or shipping and marked with the Contracting Officer’saddress. The following legend shall be printed on each side of thecontainer/envelope:IFIB-ACO-BRU-13-02Wireless Internet Services Kandahar Airfield, Afghanistannotify Capt. Arkadiusz Jelonek upon receipt.Do not include pricing information in any other envelope/package/CDROM other than the one marked “Price Bid”.NATO UNCLASSIFIEDPart I Page 4 of 19

NATO UNCLASSIFIEDPART IIFIB-ACO-BRU-13-02Wireless Internet Services at KAF2.2 Bid Content2.2.1 GeneralThe bid shall address all the requirements requested in this IFIB. Bidders areallowed to deviate in their bids from these specific requirements if they think,based on their long standing experience that it would be better for the HQAJFC Brunssum and themselves to do so. This shall be explicitly and clearlystated.2.2.2 Contractual Proposala. The Bid shall describe, as fully and clearly as possible, how the Bidderintends to meet the requirements and satisfy the terms and conditions ofthe prospective contract.b. Indications of compliance as per the Certificate of Compliance shall notabsolve Bidders from demonstrating in full their understanding of therequirements and the means by which they intend to meet them. For thedetermination of compliance, the detailed comments in the Bid form thedecisive basis.2.2.3 Technical Proposal2.2.3.1 Bidder Informationa. The Bidder shall provide documentary evidence of the requiredlevel of corporate experience in the field of surveys in an environmentcomparable to Afghanistan. This evidence shall be based on completedor on-going contracts and shall consist of:(a)(b)Project Title and DatesCustomerb. The Bidder shall provide a description of the corporate structureor an organisational chart.c. The Bidder shall provide a description of the project managementstructure or an organisational chart, which includes identification byname of the Key Project Personnel.d. The Bidder shall provide a listing of all Key Personnel, along withtheir Curriculum Vitae and qualification statements, proposed for thiscontract demonstrating compliance with the requirements stated in theStatement of Work.NATO UNCLASSIFIEDPart I Page 5 of 19

NATO UNCLASSIFIEDPART IIFIB-ACO-BRU-13-02Wireless Internet Services at KAF2.2.3.2 Description of the WorkThe Bidder shall demonstrate his overall comprehension of the purpose,objectives and constraints of the Services as well as a generalunderstanding of the environment in which the contract is to beperformed. This shall outline the Bidder’s intentions and method, whichwill be employed in meeting the requirements of the Statement of Work.The Bidder shall not merely restate the introductory paragraphs of theStatement of Requirement but shall provide a summary of how therequirements will be met during contract performance.2.2.4 Bid AdministrationThe “Bid Administration” package or envelope C shall contain the followingoriginally signed certifications, completed by the Bidder (See Annexes A-1through A-7 of these Bidding Instructions):A-1 Certificate of Legal Name of BidderA-2 Certificate of Independent DeterminationA-3 Certificate of Bid ValidityA-4 Certificate of Exclusion of Taxes and ChargesA-5 Certificate of ComplianceA-6 Liability DeclarationA-7 Certificate of Authorisation to perform2.2.5 Price ProposalBidders shall exclude from their prices all taxes, duties and customs chargesfrom which the HQ AJFC Brunssum has been exempted. All prices shall bein US Dollars.NATO UNCLASSIFIEDPart I Page 6 of 19

NATO UNCLASSIFIEDPART IIFIB-ACO-BRU-13-02Wireless Internet Services at KAF2. BIDDING INFORMATION1. Definitions1.1 The term “Bidder” as used herein refers to a firm, consortium, or joint venturethat submits an offer in response to this solicitation.1.2 The term “Compliance” as used herein means strict conformity to therequirements and standards specified in this Invitation for InternationalBidding.1.3 The term “Contractor” refers to a firm of a participating country, which hassigned a contract under which he will perform a service, manufacture aproduct, or carry out works for NATO.1.4 The term “Contracting Officer” refers to the authority issuing the IFIB and/orawarding the contract (HQ AJFC Brunssum).2. Bid Delivery and Bid Closing2.1 All Bids shall be in the possession of the Contracting Officer at the addressgiven below in Section 2.2 on/or before 09 April 2013, 15.00 hrs at whichtime and date bidding shall be closed.2.2 Bids shall be delivered or mailed to the following address:HQ AJFC BrunssumJ8/P&CAttn.: Capt. Arkadiusz JelonekRimburgerweg 306445 PA BrunssumTHE NETHERLANDS2.3 Bids submitted by electronic transmission are not permitted and will not beconsidered. Bidders shall note that electronic (CD ROM) copies of their Bidmay be submitted with their “hard copy”.2.4 Bids that are delivered to the Contracting Officer after the specified time anddate set forth above for Bid Closing are “late bids” and shall not beconsidered for award. Such bids will be returned unopened to the Bidder atthe Bidder's expense. A late bid will only be considered if it was sent by mail,courier or other delivery service for which proof of the time of mailing hasbeen obtained, and it is determined that the lateness in delivery was duesolely to a delay for which the Bidder was not responsible. Bids transmittedby electronic means will not be accepted.NATO UNCLASSIFIEDPart I Page 7 of 19

NATO UNCLASSIFIEDPART IIFIB-ACO-BRU-13-02Wireless Internet Services at KAF3. Contracting Officer Point of ContactThe Contracting Officer point of contact for all information concerning thisIFIB is:Capt. Arkadiusz JelonekTel: +31 (0)45 526 4531Fax: +31 (0)45 526 2131e-mail: Arkadiusz.Jelonek@jfcbs.nato.intandCapt. Manuela baumannTel: +31 (0)45 526 2359Fax: +31 (0)45 526 2131e-mail: Manuela.Baumann@jfcbs.nato.int4. Requests for IFIB Clarifications4.1 Bidders, during the solicitation period, are encouraged to query and seekclarification of any matters of a contractual, administrative and technicalnature pertaining to this IFIB.4.2 All questions and requests for clarification must be submitted in writing bymail, or by fax. E-mail requests are permitted. Such questions shall beforwarded to the point of contact specified in Section 3 above and shall arrivenot later than 12 march 2013, 16.00 hrs. The Contracting Officer is under noobligation to answer questions submitted after this time.4.3 Bidders are advised that subsequent questions and/or requests forclarification included in a bid shall neither be answered nor considered forevaluation and may be grounds for a determination of non-compliance.4.4 Except as provided above, all questions will be answered by the ContractingOfficer and the questions and answers (but not the identity of the questioner)will be issued in writing to all prospective bidders.4.5 The published answers issued by the Contracting Officer shall be regarded asthe authoritative interpretation of the IFIB. Amendment to the language of theIFIB included in the answers shall be incorporated by the Bidder in his offer.5. Requests for Waivers and DeviationsBidders are informed that requests for alteration to, waivers of or deviationsfrom the Schedules, the Special Contract Provisions, the General Provisions,the Technical Specifications, the Statement of Work and any other Terms andConditions of the Prospective Contract will not be considered after theRequest for Clarification process. Requests for alterations to the otherNATO UNCLASSIFIEDPart I Page 8 of 19

NATO UNCLASSIFIEDPART IIFIB-ACO-BRU-13-02Wireless Internet Services at KAFrequirements, terms or conditions of the IFIB or the Prospective Contract mayonly be considered as part of the clarification process set forth in Section 4above. Requests for alterations to the specifications, terms and conditions ofthe Contract, which are included in a Bid as submitted may be regarded bythe Contracting Officer as a qualification or condition of the Bid and may begrounds for a determination of non-compliance.6. Modification and Withdrawal of Bids6.1 Bids, once submitted, may be modified by Bidders, but only to the extent thatthe modifications are in writing, conform to the requirements of the IFIB, andare received by the Contracting Officer prior to the exact time and dateestablished for Bid Closing. Such modifications shall be considered as anintegral part of the submitted bid.6.2 A Bidder may withdraw his bid at any time prior to the Bid Closing Date. Inorder to do so, an authorised agent or employee of the Bidder must providean original statement of the firm's decision to withdraw the bid and removethe bid from the Contracting Officer’s premises.7. Bid Validity7.1 Bidders shall be bound by the term of their bids for a period of six (6) monthsstarting from the Bid Closing Date specified at Section 2.1 above.7.2 In order to comply with this requirement, the Bidder shall complete theCertificate of Bid Validity set forth in Annex A-3. Bids offering less than theperiod of time referred to above for acceptance by the Contracting Officermay be determined to be non-compliant.7.3 The Contracting Officer will endeavour to complete the evaluation and makean award within the period referred to above. However, should that period oftime prove insufficient to render an award, the Contracting Officer reservesthe right to request an extension of the period of validity.7.4 Upon notification by the Contracting Officer of such a request for a timeextension, the Bidders shall have the right to:a. accept this extension of time in which case Bidders shall be bound bythe terms of their offer for the extended period of time and Certificate ofBid Validity extended accordingly; orb. refuse this extension of time and withdraw the bid.7.5 Bidders shall not have the right to modify their Bids due to a ContractingOfficer request for extension of the Bid validity unless expressly stated insuch request.NATO UNCLASSIFIEDPart I Page 9 of 19

8. Cancellation of IFIBNATO UNCLASSIFIEDPART IIFIB-ACO-BRU-13-02Wireless Internet Services at KAFThe Contracting Officer may cancel, suspend or withdraw for re-issue at alater date this IFIB at any time prior to contract award. No legal liability on thepart of the Contracting Officer for payment of any sort shall arise and in noevent will any Bidder have cause for action against the Contracting Officer forthe recovery of costs incurred in connection with preparation and submissionof a bid in response to this IFIB.9. Electronic Transmission of Information and DataThe Contracting Officer will endeavour to communicate answers to requestsfor clarification and amendments to this IFIB to the prospective bidders by thefastest means possible, including the use of e-mail where the firms haveforwarded the necessary address information. Prospective bidders arecautioned that e-mail versions of any information forwarded by theContracting Officer will be supplemented by written “hard copy” documentsand such formal paper correspondence shall be considered the authoritativeversion in the case of any inconsistency between the electronic version andthe paper version.10. Security10.1 This IFIB is NATO UNCLASSIFIED.NATO UNCLASSIFIEDPart I Page 10 of 19

NATO UNCLASSIFIEDPART IIFIB-ACO-BRU-13-02Wireless Internet Services at KAF3. BID EVALUATION1. General1.1 The Purchaser will make the evaluation of Bids solely on the basis of therequirements specified in this IFIB.1.2 The evaluation of Bids and the determination as to the compliance or technicaladequacy of the Internet Services offered will be based on that informationfurnished by the Contractor and contained in his Bid. The Purchaser shall notbe responsible for locating or securing any information that is not identified inthe Bid.1.3 To ensure that sufficient information is available, the Contractor shall furnishwith his Bid all information appropriate to provide a complete description of thesupplies/services to be delivered. The information provided shall be to a levelof detail necessary for the purchaser to determine exactly what the Contractorproposes to furnish and whether the offer meets the technical andadministrative requirements of this IFIB.1.4 During the evaluation, the Purchaser may request clarification of the Bid fromthe Contractor, and the Contractor shall provide sufficient detailed informationin connection with such requests as to permit the Purchaser to make a finaldetermination based upon the facts. The purpose of such clarification will beto resolve ambiguities in the Bid and to permit the Contractor to state hisintentions regarding certain statements contained therein. The Contractor isnot permitted any cardinal alterations to the Bid regarding technical mattersand shall not make any changes to its price bid at any time unless requestedby the Contracting Officer.1.5 The contract resulting from this IFIB will be awarded to the Contractor whoseoffer, as evaluated by the Purchaser, meets the requirements of the SOW, isaffordable to JFC HQ Brunssum and offers the lowest price.2. Administrative Compliance2.1 Prior to the commencement of the Technical and Price Evaluation, Bids will bereviewed for compliance with the Bid Submission Requirements of this IFIB.These are as follows:a. The Bid was received by the Bid Closing Date and Timeb. The Bid is complete, i.e. contains a complete price and technical bidc. The Contractor has submitted originally signed copies of the requiredCertificates in Annex B hereto.NATO UNCLASSIFIEDPart I Page 11 of 19

NATO UNCLASSIFIEDPART IIFIB-ACO-BRU-13-02Wireless Internet Services at KAF2.2 A Bid that fails to conform to the above requirements may be declared noncompliantand may not be evaluated further by the Purchaser.2.3 If it is discovered, during either the Technical or Price evaluation, that theContractor has exception to the Terms and Conditions of the ProspectiveContract, or has qualified and/or otherwise conditioned his offer on amodification or alteration of the Terms and Conditions or the language of theStatement of Work, the Contractor may be determined to have submitted anon-complaint Bid.3. Technical EvaluationThe Contractor’s Technical Bid will be evaluated in terms of how it meets allthe technical criteria of SOW. Evaluation criteria will also include pastperformance.Bids will be evaluated and scores awarded based upon the weighted valueslisted below. Bids with a single area score of 50% or less; or an overall scoreof 75% or less will be deemed non-compliant and not be considered for furtherevaluation.Item Technical Criteria WeightedValue1 SOW requirements, delivery availability schedule 702 Past performance 30Total 1004. Price EvaluationThe price will be evaluated based on competitiveness and affordability.5. Selection5.1 Each of the evaluation areas referred to in Section 3 above will be rated aseither compliant or non-compliant.5.2 Having met the administrative and certification requirements, the final decisionwill be made by the Contract Award Committee.5.3 The technically compliant bid with the lowest contract value will be selected.As already pointed out in the cover letter to this IFIB, HQ AJFC Brunssumreserves the right to cancel this IFIB at any time.NATO UNCLASSIFIEDPart I Page 12 of 19

NATO UNCLASSIFIEDPART IIFIB-ACO-BRU-13-02Wireless Internet Services at KAFANNEX AREQUIRED CERTIFICATIONSNATO UNCLASSIFIEDPart I Page 13 of 19

NATO UNCLASSIFIEDIFIB-ACO-BRU-13-02Wireless Internet Services at KAFA-1 CERTIFICATE OF LEGAL NAME OF BIDDERThis Bid is prepared and submitted on behalf of the legal corporate entity specifiedbelow:FULL NAME OF CORPORATION:DIVISION (IF APPLICABLE):SUB DIVISION (IF APPLICABLE):OFFICIAL MAILING ADDRESS:______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________E-MAIL ADDRESS:TELEFAX NO:__________________________________________________________________________________POINT OF CONTACTREGARDINGTHIS BID: NAME: _________________________________________POSITION:TELEPHONE:ALTERNATIVE POINT OFCONTACT:NAME:_________________DATEPOSITION:TELEPHONE:______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________SIGNATURE OF AUTHORISED REPRESENTATIVE_________________________________________PRINTED NAME_________________________________________TITLE_________________________________________COMPANYNATO UNCLASSIFIEDPart I Page 14 of 19

NATO UNCLASSIFIEDIFIB-ACO-BRU-13-02Wireless Internet Services at KAFA-2 CERTIFICATE OF INDEPENDENT DETERMINATION1. Each Bidder shall certify that in connection with this procurement:a. This Bid has been arrived at independently, without consultation,communication or agreement, for the purpose of restricting competition, withany other Bidder or with any competitor;b. The contents of this bid have not been knowingly disclosed by the Bidderand will not knowingly be disclosed by the Bidder prior to award, directly orindirectly to any other Bidder or to any competitor, andc. No attempt has been made, or will be made by the Bidder to induce anyother person or firm to submit, or not to submit, a Bid for the purpose ofrestricting competition.2. Each person signing this Bid shall also certify that he is the person in theBidder’s organisation responsible within that organisation for the decision asto the bid and that he has not participated and will not participate in anyaction contrary to 1(a) through 1(c) above, ora. They are not the person in the Bidder’s organisation responsible within thatorganisation for the bid but that they have been authorised in writing to actas agent for the persons responsible for such a decision in certifying thatsuch persons have not participated, and will not participate in any actioncontrary to 1(a) through 1(c) above, and as their agent does hereby socertify, andb. They have not participated and will not participate in any action contrary to1(a) through 1(c) above.....................................................Date..............................................................Signature of Authorised Representative..............................................................Title..............................................................CompanyNATO UNCLASSIFIEDPart I Page 15 of 19

NATO UNCLASSIFIEDIFIB-ACO-BRU-13-02Wireless Internet Services at KAFA-3 CERTIFICATE OF BID VALIDITYI, the undersigned, as an authorised representative of the firm submitting thisbid, do hereby certify that the pricing and all other aspects of our original offer asmodified by our revised proposal will remain valid until .............................................................................Date................................................................Signature of Authorised Representative................................................................Title................................................................CompanyNATO UNCLASSIFIEDPart I Page 16 of 19

NATO UNCLASSIFIEDIFIB-ACO-BRU-13-02Wireless Internet Services at KAFA-4 CERTIFICATE OF EXCLUSION OF TAXES AND CHARGESI hereby certify that the prices offered in the price proposal of this bid excludeall taxes, duties and customs charges from which the Contracting Officer has beenexempted by international agreement .....................................................Date................................................................Signature of Authorised Representative................................................................Title................................................................CompanyNATO UNCLASSIFIEDPart I Page 17 of 19

NATO UNCLASSIFIEDIFIB-ACO-BRU-13-02Wireless Internet Services at KAFA-5 CERTIFICATE OF COMPLIANCEI hereby certify that the Bid submitted by ..........................................................Company is fully compliant with the requirements of the present IFIB.This company foresees [no/some] 1 difficulty in obtaining acceptance of anyprime contract terms and conditions which are required to be passed on tosubcontractors by this IFIB. In case of such difficulties, this company intends toresolve these conflicts as follows:....................................................Date................................................................Signature of Authorised Representative………………………………………….Printed Name................................................................Title................................................................Company1 Delete or strike trough as appropriateNATO UNCLASSIFIEDPart I Page 18 of 19

NATO UNCLASSIFIEDIFIB-ACO-BRU-13-02Wireless Internet Services at KAFA – 6LIABILITY DECLARATION1. ISAF shall not be liable for any direct and indirect, incidental, reliance, special,consequential or punitive damages (including, among other things, lost profits orrevenue, disease, accidents causing injuries to any person or death during theperformance of work or travel under this contract) sustained or incurred inconnection with or arising out of this contract. The limitation of liability set forthherein shall apply regardless of the form of action, whether in contract, warranty,strict liability, tort (including, without limitation, negligence of any kind) orotherwise; and regardless of whether the other party has been advised of thepossibility of such damages and whether such damages were foreseeable or not.The Contractor is responsible for arranging for necessary insurances whenperforming work or travel under this contract. In case of accident or disease, theContractor shall arrange for qualified replacement personnel, as appropriate toensure continuation and completion of the work within time specified under thecontract.2. The Contractor will strictly obey all Afghan national laws and orders in relation toworking safety and health. Where the Contractor does not do so the company isliable for all results relating to their worker’s safety and health.3. All expenses relating to work safety are the responsibility of the Contractor.4. The Contractor declares that NATO/ISAF and all staff of NATO/ISAF have noliability in the event of an accident or occurrence resulting in the death or injury ofa worker or subcontractors while employed by, or providing a service forNATO/ISAF.……………………………..Date………………………………………………Signature of Authorised Representative………………………………………………Title………………………………………………CompanyNATO UNCLASSIFIEDPart I Page 19 of 19

NATO UNCLASSIFIEDIFIB-ACO-BRU-13-02Wireless Internet Services at KAFA – 7 CERTIFICATE OF AUTHORIZATION TO PERFORMThe Contractor warrants that the Contractor and his sub-contractors have been dulyauthorized to operate and do business in Afghanistan; that he and his sub-contractors haveobtained all necessary licenses and permits required in connection with the contract; that heand the sub-contractors will fully comply with all the laws, decrees, labour standards andregulations of Afghanistan during the performance of this contract; and that no claim foradditional moneys with respect to any authorisations to perform will be made upon ISAF HQ.…………………………………Date…………………………………………………Signature of Authorised Representative…………………………………………………..Printed Name……………………………………………………Title…………………………………………………….CompanyNATO UNCLASSIFIEDPart I Page 20 of 19

NATO UNCLASSIFIEDContract no: IFIB-ACO-BRU-13-02Wireless Internet Services at KAFBOOK 2, Part 1DRAFT CONTRACTNATO UNCLASSIFIED

NATO UNCLASSIFIEDContract no: IFIB-ACO-BRU-13-02Wireless Internet Services at KAFIFIB ACO-BRU-13-02CONTRACT FOR THE PROVISION OFTHE WIRELESS INTERNET SERVICES AT KANDAHAR AIRFIELD,AFGHANISTANDRAFT CONTRACTSection 1SIGNATURE PAGEBetweenHEADQUARTERS ALLIED JOINT FORCE COMMAND BRUNSSUM,located at Brunssum, The Netherlands (hereinafter referred to as HQ AJFCBRUNSSUM),andxxxxxxxxx, INC, with its principal office located at, xxxxxxxxxxx (hereinafter referredto as the Contractor. HQ AJFC BRUNSSUM and the Contractor are collectivelyhereinafter referred to as the "Parties").NATO UNCLASSIFIED

Draft ContractTable of contents:NATO UNCLASSIFIEDContract no: IFIB-ACO-BRU-13-02“Wireless Internet Services at KAF”- Contracto Section 1 – Signature Page• Annex A: Pricing Provisions (not included in this Draft)• Annex B: Statement of Work (not included in this Draft)o Section 2 – Special Provisionso Section 3 – General ProvisionsIn consideration of the mutual covenants and subject to the terms and conditions hereinafter setforth, the Parties agree as follows:1. Contract Documents.1.1 This document (hereinafter referred to as the “Signature Page” or “Section I"), including allof its Sections and Annexes, and the following named documents, incorporated herein byreference, constitute the entire Agreement between the Parties (hereinafter referred to as the"Contract" or the "Agreement"):(a)(b)(c)HQ AJFC Brunssum Invitation For International Bidding IFIB-ACO-BRU-13-02Contractor’s proposal dated XXXXXXHQ JFC Brunssum Notification of Contract Award, dated XXXXXXX1.2 The Annexes to this Signature Page are the following:ooAnnex A: Pricing ProvisionsAnnex B: Statement of Work1.3 Order of Precedence. In the event of any inconsistency in this Contract, unless otherwiseprovided herein, the inconsistency shall be resolved by giving precedence in the following order:(a) First This Section I including Annexes A and B(b) Second Section II of the contract (Special Provisions)(c) Third Section III of the contract (General Provisions);(d) Fourth The Contractor’s proposal(e) Finally, The remaining, contract documents;2. Scope.This contract is for the Wireless Internet Services at Kandahar Airfield, Afghanistan. The contractduration is for one year with two three(3)-months options. The contractor will provide the WirelessInternet Services at Kandahar Airfield, Afghanistan required by the purchaser in accordance withthe Statement of Work and all the terms and conditions within this contract. Pricing for servicesand will be as per Annex A, Pricing Provisions. Upon award of this contract, the Contractor willinitiate the requested services in accordance with this contract.2 of 35NATO UNCLASSIFIED

Draft ContractNATO UNCLASSIFIEDContract no: IFIB-ACO-BRU-13-02“Wireless Internet Services at KAF”3. Contract Price.The pricing arrangements set forth in Annex A cover full and unconditional acceptance by theContractor of all the requirements and conditions included in the contract. The pricingarrangements will satisfy any and all expenses incurred by the Contractor for the satisfactoryWireless Internet Services, supplies, and delivery (if applicable) required under the Contract andthat no other payment of any kind will be made, except as otherwise provided under the contract.4. Dates and Times of the Essence.The Contractor recognizes that, given the time constraints for NATO missions, the dates and timesspecified in this Contract and or attached documents are of the essence.5. Duration of the Contract.This contract is a one-year contract with two three(3)-months options and will be effective from the1 st of July 2013.Both Parties are aware and accept the terms of this Contract, including all its parts and annexes,which are therefore dated and signed below:6. Signatures and dates__________________________Capt. Arkadiusz JelonekContracting OfficerHQ AJFC Brunssum_________________________XXXXXXXXX, IncDate: ________________Date: ________________THE VALIDITY OF THIS CONTRACT WILL BE CONTINGENT UPON THE SIGNATURE OF THEFINANCIAL CONTROLLER_______________________Financial ControllerHQ AJFC Brunssum_____________Date3 of 35NATO UNCLASSIFIED

SBNATO UNCLASSIFIEDIFIB-ACO-BRU-13-02Wireless Internet Services at KAFINVITATION FOR INTERNATIONAL BIDDINGIFIB-ACO-BRU-13-02PROVISION OFWIRELESS INTERENT SERVICES AT KANDAHAR AIRFIELD,AFGHANISTANPART IIISECTION ASPECIAL PROVISIONSNATO UNCLASSIFIEDPART III SEC A Page 1 of 9

IFIB-ACO-BRU-13-02Wireless Internet Services at KAFIFIB-ACO-BRU-13-02CONTRACTPREAMBLEThis contract constitutes the complete Terms and Conditions and applicableStatement of Work (SOW) of which apply to this Contract.By signing this contract the Parties have reached the following understandings:1 ORDER OF PRECEDENCE1.1 In the event of any inconsistency in this contract, unless otherwiseprovided herein, the inconsistency shall be resolved by giving precedence in thefollowing order:(1) Special Provisions(2) General Provisions(3) Statement Of Work(4) The Contractor’s Bid or Proposal accepted by NATO2 PARTIES TO THE CONTRACT2.1 This contract is entered into, by and betweenNAME OF THE COMPANYADRESSRepresentative:NAME, TBDand the NORTH ATLANTIC TREATY ORGANISATION (NATO) by theHeadquarters Allied Joint Force Command Brunssum, Netherlands, hereinaftercalled “HQ AJFC Brunssum”.3 SCOPE OF WORK3.1 This is a Firm Fixed Price contract for the provision Wireless InternetServices at Kandahar Airfield, Afghanistan.3.2 The Contractor agrees to provide Wireless Internet Services as set forthin the Statement of Work. The rights and obligations of the parties to thiscontract shall be subject to and governed by the contract terms and conditionsbelow and HQ AJFC Brunssum General Provisions.NATO UNCLASSIFIEDPART III SEC A Page 2 of 9

IFIB-ACO-BRU-13-02Wireless Internet Services at KAF4 DELIVERY AND ACCEPTANCE4.1 In the event that the Contractor encounters difficulty in meetingrequirements specified in Statement of Work, he shall immediately notify the COin writing, giving pertinent details. However, this data shall be for informationonly and shall not be construed as a waiver by HQ AJFC BRUNSSUM of anytime limit or of any rights or remedies provided under this contract.5 SUB-CONTRACTINGSub-contracting is not allowed.6 HQ AJFC BRUNSSUM CONTRACT REPRESENTATIVESHQ JFC Brunssum will appoint the following contract representatives, duties of thesepersons are described below:6.1 Purchasing and Contracting Section will appoint a Contracting Officer(CO). The Contracting Officer is responsible for all administration mattersrelated to the contract. Contracting officer for this contract is:6.1.1 Capt Arkadiusz JelonekTel: +31 (0)45-526-4531e-mail: arkadiusz.jelonek@jfcbs.nato.int6.2 The Contracting Officer will appoint a Contracting Officer TechnicalRepresentative (COTR). The Technical Representative is responsible for theexecution of the contract on behalf of HQ AJFC Brunssum.6.2.1 Name: NAMETel: TELE-mail: EMAIL7 CONTRACTOR’S REPRESENTATIVES7.1 The Account Manager is the person who will bear ultimate responsibilityfor the performance of the contract. The Account Manager will have theauthority to take decisions on behalf of the contractor on all matters relating tothis contract. Account manager for this contract is:Name: NAMEAddress: ADDRESSTel: TELE-mail: EMAILNATO UNCLASSIFIEDPART III SEC A Page 3 of 9

IFIB-ACO-BRU-13-02Wireless Internet Services at KAF7.2 The Account manager of the contractor will maintain e-mailcorrespondence and, at minimum, two cell phone communication links withCOTR throughout the term of the contract.7.3 HQ AJFC Brunssum or KAF representatives will not provide any securityassistance for the Contractor or its interviewers while providing servicesspecified in Statement of Work.8 PERIOD OF PERFORMANCE8.1 The basic Period of Performance of this Contract shall be from 1 July2013 to 30 June 2014.8.2 This Contract is a one-year contract with two three(3)-monthsextension options. Options will only be executed after written notice fromContracting Officer depending on satisfactionary performance and extendedrequirement by NATO. No automatic extensions will be part of this contract.9 FINANCIAL CONDITIONS9.1 Pricing arrangements: HQ AJFC Brunssum shall pay the Contractor inaccordance with the Pricing arrangements set forth in the price bid dated[DATE] submitted by the Contractor and resulted as the best valued andtechnically compliant bid pursuant to Competitive Bid.9.2 Price calculation: Pricing include all related costs (i.e. delivery, material).9.3 Invoicing and Payment:9.3.1 The invoice will be charged within 30 days after inspectionand acceptance.9.3.2 Contractor shall send the original invoice referred to theperformance of the contract to the following address:COMKAFCJ8Kandahar, Afghanistanattn. Euan FraserEuan.fraser@rcs.isaf.nato.intand will be accompanied by an evidence of receipt in the form of the“Acceptance Certificate” issued by HQ ISAF representatives. Thefollowing certificate shall be affixed to each invoice submitted:NATO UNCLASSIFIEDPART III SEC A Page 4 of 9

IFIB-ACO-BRU-13-02Wireless Internet Services at KAF“I certify that this invoice is correct and just, that payment has not beenreceived and that the price is exclusive of all taxes and duties fromwhich HQ AJFC Brunssum is exempted.”9.3.3 Contractor shall reference on each invoice the ContractIFIB-ACO-BRU-13-02 and Purchase Order number and specify theperformance the invoice refers to.10 CONTRACT ADMINISTRATION AND OVERSIGHTThe following provisions apply:10.1 The COTR shall address the Contractor’s account manager on anyobservation or issues regarding the performance of the Contractor’s services.Contractor shall respond in writing to such observations within a reasonabletime but no longer than seven days.10.2 The Contractor’s representative and all Contractors staff shall besubjected to COTR or his Representative directives as far as security anddiscipline are concerned.10.3 Contractor shall inform the COTR or his Representative of all difficultiesarising in the execution of their obligations in writing.11 USE OF DATA AND INFORMATION11.1 Privileged information. NATO is not sharing any information outside KAFor subordinate units that is generally considered privileged about theContractor’s organization (e.g. organizational structure, key financers, etc.) orabout the Contractor’s personnel (e.g. name, background, contact information,etc.) without the Contractor’s prior permission. NATO will share privilegedinformation submitted by the Contractor only as necessary to support thisspecific contract.11.2 All information, questions and data from the contractor will not bedistributed to any third party outside HQ AJFC Brunssum and KAF.12 WARRANTYa. The contractor must give, in writing, a one (1) year warranty on the each sparepart and maintenance services being made.b. The warranty will also bind the contractor to supply the replacement parts andconduct the associated repairs free of charge to the customer.NATO UNCLASSIFIEDPART III SEC A Page 5 of 9

IFIB-ACO-BRU-13-02Wireless Internet Services at KAF13 NOTIFICATION OF CHANGESa. If at any time during the performance of this contract, the Contractor considersthat he has been directed to change or deviate from, in any way, the terms andconditions and/or the scope of this contract, he shall notify the Contracting Officerimmediately. This notification shall as a minimum, contain a cost breakdown of theadditional costs to be incurred by the Contractor if he would implement thechange/deviation and the related impacts on the terms and conditions. Thisinformation must be provided to such level of detail to allow the contracting officer toprovide a comprehensive response within 14 days after receipt of the notification fromthe Contractor.b. Following the submission of this notification, the Contractor shall diligentlycontinue performance of this contract to the maximum extent possible in accordancewith its terms and conditions as originally agreed.c. HQ AJFC BS shall not bear any responsibility for work performed by theContractor outside the contract scope and JFC HQ Brunssum shall not compensatethe Contractor in either time or money for such work not specifically authorized orrequested by the Contracting Officer in writing and subsequently included in thecontract through a Supplemental Agreement.d. Consequently, the Contractor cannot claim additional money and/or time forwork performed during the performance of the contract, which has not been identifiedas part of the scope of this contract.14 DISPUTEa. The provisions applicable to “Disputes” are outlined in the General Terms andConditions.15 PERFORMANCE OF THE CONTRACTOR IN TIME OF ALERT OR WARa. The Contractor warrants that on the basis of information available to him, he isnot aware of any national law or regulation, or any circumstances that might preventhim from fulfilling his obligations under this contract in time of alert or war.16 CORRESPONDENCEa. The Contractor will return a signed copy of the contract without delay to theaddress indicated below.b. All correspondence should be addressed to:HQ AJFC BrunssumJ8Attn: Capt. Arkadiusz Jelonek/Capt. Manuela BaumannNATO UNCLASSIFIEDPART III SEC A Page 6 of 9

IFIB-ACO-BRU-13-02Wireless Internet Services at KAFRimburgerweg 30NL-6445 PA BRUNSSUMTHE NETHERLANDSTel: 0031 45 526 4531Fax: 0031 45 526 2183Email: arkadiusz.jelonek@jfcbs.nato.int / manuela.baumann@jfcbs.nato.int17 PUBLICITY AND PUBLIC RELATIONSa. The Contractor shall not make any press release or public statementconcerning this contract without the prior written approval of HQ AJFC Brunssum.18 INTEGRITY / NO BRIBEa. HQ AJFC Brunssum draws the contractors' attention to the fact that it is strictlyforbidden to offer gifts, gratuities or other advantages to HQ staff members.19 LIQUIDATED DAMAGESAfter the contractor has installed the service, activated each hot spot and it has beenaccepted into service, the contractor will be granted a 48 hour grace period in whichpenalties for any failures will not be levied. After this time all penalties will take effectfor service outages.The contractor shall endeavour to fix any problems as they occur, as quickly aspossible. In the event that the service fails in any way (except in the case of war orterrorism related activities) the contractor will endeavour to repair the problem and getthe internet service operational again as quickly as possible. As an incentive, if thecontractor cannot get the service operational within 4 hours of a failure, then thecontractor will be obliged to pay contract penalties for the remaining duration of theoutage on an hourly basis until the fault is repaired. Such penalties are detailedbelow:a. US$100 per hour after 4 hours.b. US$150 per hour after 12 hours, in addition to the amount accrued fromthe 4 to 12 hour period.25. An outage is considered as a condition where the malfunction of the contractorequipment disrupts the data flow in any direction, or the failure to deliver the agreedupon minimum bandwidth (capable of supporting up to the maximum number ofSKYPE calls per hot spot) to the customer due to contractor equipmentfault(s)/limitations.NATO UNCLASSIFIEDPART III SEC A Page 7 of 9

IFIB-ACO-BRU-13-02Wireless Internet Services at KAF26. An outage is considered ceased, together with any such penalties, whenconnectivity is re-established.27. The contractor will manage access into each hot spot which is provided forpersonal use only i.e hot spot access is for Morale and Welfare Branch use only andnot business use (tax returns etc).20 FORCE MAJEUREThe Contractor shall be excused from and shall not be liable for any delay in hisperformance under this contract due to the following force majeure events:(a)(b)(c)(d)Extraordinary natural events, such as weather conditions prohibitingwork, typhoons, earthquakes, fires or floods;Epidemics of contagious diseases or quarantine restrictions;Acts of government(s), including actions imposed as a result of anenergy shortage, which may cause shortages of fuel energy or otherresources.Acts of third parties or other intervening forces over which Contractor hasno control or opportunity to avoid delay caused thereby.If, during the currency of the contract, there is an outbreak of any kind of strike,general or local, which will affect the execution of the contracted services, theContractor shall, unless and until the Contract is terminated under the provisions of thecontract, continue to use his best endeavours to complete the execution of thecontracted services. Strike will not constitute Force Majeure.The Contractor shall notify the Contracting Officer in writing as soon as is reasonablypossible after the commencement of any excusable delay, setting forth the fullparticulars in connection therewith, shall remedy such occurrence with all reasonabledispatch, and shall promptly give written notice to the Contracting Officer of thecessation of such occurrence.21 POINT OF DELIVERY AND PASSAGE OF TITLEa. The Contractor shall be solely responsible for providing all equipment, suppliesand services ordered under this contract and Deliver Orders.b. The Contractor will deliver the services defined in Statement of Work toKandahar Airfield, Afghanistan.NATO UNCLASSIFIEDPART III SEC A Page 8 of 9

IFIB-ACO-BRU-13-02Wireless Internet Services at KAF22 TAXES AND DUTIESa. The present contract is exempted of V.A.T. according to following regulations:(1). For firms from the EEC countries: Article 15.10 from the EEC CouncilDirective 77/388/EEC;(2). For firms from non-EEC countries: Article VIII of Paris Protocol dated 28August 1952.b. The contract price, including the prices in any sub-contracts hereunder, doesnot include any customs charges, taxes or other charges levied by the membernations of NATO, or any political subdivision thereof, on the work performed by theContractor or his sub-contractors under this contract.c. Payment for all such charges shall be made directly to the concerned membernations of NATO or any political subdivision thereof by NATO to the extent that NATOis not, by virtue of law, regulation or governmental agreement, exempt from suchcharges, and HQ AJFC Brunssum shall hold the Contractor and his sub-contractorsharmless there from. In the event such charges are levied against, and must be paiddirectly by, the Contractor to his sub-contractors, the contractor will notify the NATOContracting Officer immediately and prior to any charge payment, and NATO shallreimburse the Contractor the full amount of the charges upon receipt of theContractor's invoice and appropriate documentation.NATO UNCLASSIFIEDPART III SEC A Page 9 of 9

SBNATO UNCLASSIFIEDIFIB-ACO-BRU-13-02Wireless Internet Services at KAFINVITATION FOR INTERNATIONAL BIDDINGIFIB-ACO-BRU-13-02PROVISION OFWIRELESS INTERENT SERVICES AT KANDAHAR AIRFIELD,AFGHANISTANPART IIGENERAL PROVISIONSPage 1 of 23

NATO UNCLASSIFIEDCONTRACTUAL GENERAL PROVISIONSIFIB-ACO-BRU-13-02Wireless Internet Services at KAFINDEX CLAUSES1. 60-70-1XX CONTRACT ADMINISTRATION SECTION60-70.101. Definitions60-70.102. Authority60-70.103. Order of Precedence60-70.104. Applicable Law60-70.105. Contract Effective Date60-70.106. Inconsistency Between English Version and Translation ofContract60-70.107. Contract Administration and Communications60-70.108. Security60-70.109. Access Control60-70.110. Furnished Property – Not Applicable60-70.111. Option60-70.112. Changes2. 60-70-2XX – CONTRACTOR SECTION60-70-201. Contractor Responsibility60-70-202. Sub-Contractors – Not Applicable60-70-203. Working Hours60-70-204. Implementation Schedule – Not Applicable60-70-205. Contractor Personnel60-70-206. Contractor Equipment60-70-207. Corruption and Illicit Gratuities60-70-208. Release of News and Information3. 60-70-3XX – GENERAL INFORMATION SECTION60-70-301. Authorisation to Perform60-70-302. Protection and Indemnification60-70-303. Health, Safety and Accident Prevention – Not Applicable60-70-304. Safety, Test and Inspection – Not Applicable60-70-305. Insurance60-70-306. Maintenance of NATO Owned Premises and Fixture – NotApplicable4. 60-70-4XX – FINANCIAL SECTION60-70-401. Preferred Customers60-70-402. Prices, taxes and Customs Charges60-70-403. Invoices60-70-404. Payments60-70-405. Advance Payments – Not ApplicablePage 2 of 23

NATO UNCLASSIFIED5. 60-70-5XX – RECEIVING SECTION – Not Applicable60-70-501. Inspection – Not Applicable60-70-502. Marking and Labelling – Not Applicable60-70-503. Notice of Shipment – Not Applicable60-70-504. Title of Property and Risk Loss – Not Applicable60-70-505. Acceptance – Not Applicable60-70-506. Warranty – Not Applicable60-70-507. Service and Parts Availability – Not Applicable60-70-508. Variation in Quantity – Not Applicable6. 60-70-6XX – PERFORMANCE SECTION60-70-601. Disputes60-70-602. NATO Delay of Work60-70-603. Liquidated Damages60-70-604. Termination for Convenience60-70-605. Termination for Default60-70-606. Special Termination Clause60-70-607. Contractor’s Notice of Delay60-70-608. Stop Work Order7. 60-70-7XX – COPYRIGHT SECTIONIFIB-ACO-BRU-13-02Wireless Internet Services at KAF60-70-701. Software Releases and Updates60-70-702. Rights in Technical Data and Computer Software60-70-703. Technical Brochures and Maintenance Planning – NotApplicable60-70-704. Notice and Assistance Regarding Patent and CopyrightInfringement – Not Applicable60-70-705. Patent Indemnity8. 60-70-8XX – CONSTRUCTION SECTION – Not Applicable60-70-801. Performance Bonds – Not Applicable60-70-802. Commencement, Execution and Completion of Work – Notapplicable60-70-803. On-Site Utilities – Not Applicable60-70-804. Storage – Not Applicable60-70-805. Site Protection – Not Applicable60-70-806. Work and Variation – Not applicable60-70-807. NATO Provide Drawings – Not applicable60-70-808. As-Built Drawings – Not applicablePage 3 of 23

60-70.101 DEFINITIONSNATO UNCLASSIFIED60-70.1 - CONTRACT ADMINISTRATION SECTIONIFIB-ACO-BRU-13-02Wireless Internet Services at KAFAs used throughout this contract, the following terms shall have meanings as setforth below:a. “HQ AJFC Brunssum” means the Headquarters Allied Joint Force CommandBrunssum.b. Contracting Officer means the person executing and managing this contracton behalf of NATO.c. “Contracting Officer Representative” or “COR” or “Inspector” means a personappointed in writing by the Contracting Officer for the purpose of determiningcompliance with the technical requirements of the contract.d. “KAF” means the Kandahar Airfield, Afghanistan.e. The North Atlantic Treaty Organisation is hereafter referred to as “NATO”.f. The term "days" shall be interpreted as meaning calendar days.g. “Contractor” means the entity (firm or person) to whom the contract isawarded and on whose behalf duly authorised person shall execute it.h. Purchase Order means the contractual document used by NATO to ordersupplies and services.i. Open-end Contract means a contract for the provision, up to a maximum totalvalue, of indefinite quantities of supplies or services for which the unit value isestablished in the contract.j. Delivery/Task Order means a delivery order placed against a previouslyawarded IDIQ Contract.k. Calling Officer means a staff member of NATO appointed in writing by theContracting Officer to place Call-Orders.l. Installation Safety Officer means the staff member of NATO for the purposeof determining compliance with health protection, hygiene and safetyregulations.Page 4 of 23

NATO UNCLASSIFIEDIFIB-ACO-BRU-13-02Wireless Internet Services at KAF60-70.102 AUTHORITYAny modifications, including changes, additions or deletions and instructions underthis contract shall not be binding unless issued in writing by the Contracting Officer.For Calling Officers, and Contracting Officer Technical Representatives (C.O.T.R.)the authority, and responsibility, is limited to what is stipulated in the relevantclauses of these General Provisions and only the authority to provide advice and/ordirection to the Contractor that does not create an additional financial liability abovewhat has already been contractually established under this contract. The NATOContracting Officer is the only one that can financially and contractually obligateNATO.60-70.103 ORDER OF PRECEDENCEIn the event of any inconsistency in this contract, unless otherwise provided herein,the inconsistency shall be resolved by giving precedence in the following order:a. The Special Provisions, if anyb. The General Provisionsc. The Specifications/Statement of Workd. The Contractor’s Bid or Proposal accepted by NATO.f. Customary practices of the country where the contract is performed.60-70.104 APPLICABLE LAW1. Except as otherwise provided in this contract, this contract shall be governed,interpreted and construed in accordance with the laws of the Local HQs HostNation (Contracts)/ The Netherlands.2. When performing at a NATO Installation the Contractor and his personnel(including also the Sub-contractor’s personnel, if any) shall comply with allrelevant official NATO and local installation Directives and any applicablelaws of the host nation.60-70.105 CONTRACT EFFECTIVE DATE (CED)The effective date of the contract is the date of last signature by the contractingparties, or a specific date set forth in the ContractPage 5 of 23

NATO UNCLASSIFIED60-70.106 INCONSISTENCY BETWEEN ENGLISH VERSION ANDTRANSLATION OF CONTRACTIFIB-ACO-BRU-13-02Wireless Internet Services at KAFIn the event of inconsistency between any terms of this contract and any translationthereof into another language, the English language meaning shall control.60-70.107 CONTRACT ADMINISTRATION AND COMMUNICATIONS1. All notices and communications between the Contractor and NATO shall bewritten in English and addressed to the Contracting Officer, may be handdelivered, mailed, e-mailed or faxed.2. Any discussion/negotiation between Contractor and NATO representativesshall be recorded in Minutes by the Contracting Officer. If there is a changein the contract terms and conditions, a modification will be executed.60-70.108 SECURITY1. The Contractor shall comply with all security requirements prescribed byNATO and the National Security Authority or designated security agency ofeach NATO country in which the contract is performed.2. The Contractor shall be responsible for the safeguarding of NATO classifiedinformation or any other information labelled sensitive, entrusted to it orgenerated by it in connection with the performance of the Contract. Itundertakes not to pass on to anyone outside its staff information provided forthe performance of the Contract, or any information or to use it for anypurpose whatsoever. To this effect, all Contractor personnel shall be requiredto sign a non-disclosure statement.3. Any known or suspected breaches of security or other matters of securitysignificance shall be reported by the Contractor to the Contracting Officer.4. The Contractor shall place the Sub-contractor, if any, under securityobligations no less stringent than those applied to its own Contract.5. The Contractor undertakes to provide NATO Security office, through theContracting Officer, with a Security Clearance Certificate on all its employees,before they take up their duties, using the form provided by that office.6. The Contractor accepts to terminate immediately the duties at a NATOlocation of any employee whose presence is deemed undesirable by NATOon the same day that such notification is given by the Contracting Officer orNATO Security Officer, without NATO being required to state the reason.Furthermore, in no case may NATO be held responsible for theconsequences of such a decision.Page 6 of 23

NATO UNCLASSIFIED60-70.109 ACCESS CONTROLIFIB-ACO-BRU-13-02Wireless Internet Services at KAFBefore commencing work on a NATO installation, the Contractor’s personnel mustbe in possession of an access cards, and all his vehicles must display accesspermits. The request for these documents must be submitted to the ContractingOfficer and the contractor should plan 15 days to obtain these. The access cardsand permits remain valid for limited period and any renewal must be requested 15days before expiration. Time lost due to the failure of the Contractor to request in atimely manner access cards and access permits will not entitle him to a claim for losttime or for an extension of the completion date for the performance of the Contract.60-70.110 NATO FURNISHED PROPERTY – Not applicable60-70.111 OPTION1. NATO shall have the right to exercise any or all of the options, in whole or inpart, at the firm fixed prices and at the conditions set forth in the contract.Options are exercised in writing by the Contracting Officer at least 15 daysbefore the expiration of the contract.2. The options may be exercised by NATO either as a modification to the initialcontract or as a separate contract, incorporating all applicable terms andconditions.60-70.112 CHANGES1. The Contracting Officer may at any time, by a written order, make changes,within the general scope of this contract.2. If any such change causes an increase or decrease in the cost of, or the timerequired for the performance of any part of the work under this contract, anegotiated adjustment shall be made in the contract price or deliveryschedule, or both, and the contract shall be modified in writing accordingly.3. Failure to agree to any adjustment shall be a dispute concerning a question offact within the meaning of the clause of this contract entitled "Disputes".However, nothing in this clause shall excuse the Contractor from proceedingwith the contract as changed.Page 7 of 23

NATO UNCLASSIFIED60-70.2 – CONTRACTOR SECTION60-70.201 CONTRACTOR RESPONSIBILITYIFIB-ACO-BRU-13-02Wireless Internet Services at KAFThe Contractor shall be responsible for the execution of all terms of this Contract. Itmay not delegate or transfers its rights or obligations without the prior writtenpermission of the Contracting Officer.60-70.202 SUB-CONTRACTS – Not applicable60-70.203 WORKING HOURS1. The work shall be performed on weekdays in accordance with the officialworking hours of NATO. The Contractor shall obtain from the ContractingOfficer the list of the NATO holidays during the period of performance for thecontract.2. Special requests shall be made to the Contracting Officer for permission towork outside normal NATO working hours or on NATO holidays. Start timesand planning of various stages of the work shall be coordinated with theContracting Officer and these times shall be adhered to.3. Exceptionally, the Contractor accepts that NATO may have a requirementthat work be performed outside the normal working hours. The financialcompensation, if any, shall be mutually agreed between the Contractor andthe Contracting Officer.60-70.204 IMPLEMENTATION SCHEDULE – Not applicable60-70.205 CONTRACTOR PERSONNEL1. The contractor shall provide and pay, as required, qualified personnel asneeded for the proper performance of the services required under thiscontract; he shall strictly comply with all Host Nation Labour Laws, tariffs andsocial security and other regulations applicable to the employment of hispersonnel.2. Privileges and Immunities granted to NATO personnel are an exclusive rightand as such not transferable to the Contractor and his employees. Thisincludes the right to access and use the facilities managed and/or operated byNATO’s Community Services.3. The Contractor’s status shall be that of an independent Contractor and it isexpressly understood that neither the Contractor (and its personnel) nor Subcontractorsshall be considered in any respect as being employees, servantsor agents of NATO4. NATO will not give any directives to the Contractor’s personnel for any matterunder this Contract other than safety and security instructions.Page 8 of 23

NATO UNCLASSIFIED60-70.206 CONTRACTOR EQUIPMENTIFIB-ACO-BRU-13-02Wireless Internet Services at KAF1. The contractor shall furnish, install and maintain his own furniture andequipment without any cost or expense to NATO. Approval from ContractingOfficer is required prior to the installation of any major item of contractorequipment. The equipment, furniture and fixtures provided by the contractorshall not be removed without prior written approval of the Contracting Officerand, in the event of removal; all costs and expenses thereof shall be borne bythe contractor.2. All property of the Contractor while at NATO’s premises shall be at the risk ofthe Contractor, and NATO shall accept no liability for any loss or damage,except to the extent that any loss or damage is the result of a willful act orgross negligence on the part of NATO’s agents, representatives oremployees.60-70.207 CORRUPTION AND ILLICIT GRATUITIES1. The contractor certifies that neither he nor his agents or representatives haveoffered or given any gratuity whatsoever to any NATO personnel, with a viewto securing a contract or favourable treatment with regard to the award,modification or execution of this contract.2. NATO may, by registered letter, terminate this contract without notice if it isfound, after an investigation instituted by NATO, that gratuities (in the form ofentertainment, gifts or others) were offered or given by the contractor toNATO personnel with respect to the award of this contract or to the taking ofany decision regarding its execution.60-70.208 RELEASE OF NEWS/INFORMATION1. No news release (including photographs and films, public announcements ordenial or confirmation of same or interviews with news media representatives)on any part of the subject matter of this Contract or any phase of anyprogramme hereunder shall be made without prior written approval by theContracting Officer.2. Furthermore the Contractor shall, in no other manner whatsoever use thename, emblem or official seal of NATO and/or any NATO Headquarters inconnection with its business or otherwise.Page 9 of 23

NATO UNCLASSIFIED60-70.3 – GENERAL INFORMATION SECTIONIFIB-ACO-BRU-13-02Wireless Internet Services at KAF60-70.301 AUTHORISATION TO PERFORMThe Contractor warrants that it and its sub-contractors have been duly authorized toprovide the required services and do business in the country or countries in whichthis contract is to be performed. That it and its sub-contractors have obtained or willobtain all necessary licenses and permits required in connection with the contract.That it and its sub-contractors will fully comply with all the laws, decrees, labourstandards and regulations of such country or countries during the performance ofthis contract. And that no claim for additional monies with respect to anyauthorisations to perform will be made upon NATO.60-70.302 PROTECTION AND INDEMNIFICATION1. The contractor in the performance of this contract shall at all times holdNATO, its agents, representatives and employees harmless from any and allsuits, claims, charges and expenses which arise out of acts or omissions ofthe contractor; his agents, representatives or employees.2. The Contractor shall indemnify and hold NATO harmless against claims forinjury to persons or damages to property of the Contractor, of NATO or otherparties arising from the Contractor's possession or use of NATO furnishedproperty, including facilities and utilities.3. The contractor shall repair at his expense any damage resulting from his workand inflicted to the NATO buildings, equipment, services, utilities, roads andgrassed areas, where such work is not included in the scope of work. In thecase of buried utilities, this will apply to any utility, which was previouslynotified to the contractor by the issue of a digging permit. The repair workshall be done according to the Contracting Officer's specifications. Allexcavations and damages to other areas that were not a part of the contractwork shall be repaired at the contractor's expense.60-70.303 HEALTH, SAFETY AND ACCIDENT PREVENTION – Notapplicable60-70.304 SAFETY, TESTS AND INSPECTIONS – Not applicable60-70.305 INSURANCE1. At all times during the performance, the Contractor agrees to procure andmaintain, without any cost to NATO, any workmen’s compensation,employees’ liability or other type of insurance required by the host nation’slaws.2. The Contractor agrees to procure and maintain, without any cost to NATO, asuitable civil liability insurance to cover damage that could be caused toNATO property and/or individuals. This insurance will be submitted to theContracting Officer for verification of adequacy upon request.Page 10 of 23

NATO UNCLASSIFIEDIFIB-ACO-BRU-13-02Wireless Internet Services at KAF60-70.306 MAINTENANCE OF NATO PREMISES – Not applicablePage 11 of 23

60-70.401 PREFERRED CUSTOMERNATO UNCLASSIFIED60-70.4 – FINANCIAL SECTIONIFIB-ACO-BRU-13-02Wireless Internet Services at KAF1. The Contractor warrants that the prices set forth in this contract are asfavourable as those extended to any Government, Agency, Company,Organisation or individual purchasing like quantities covered by the contractunder similar conditions. In the event that prior to complete delivery underthis contract the Contractor offers any of such items in substantially similarquantities to any customer at prices lower than those set forth herein, theContractor shall so notify NATO and the prices of such items shall becorrespondingly reduced by a supplement to this contract.2. Prices in this sense means "Base Price" prior to applying any bonuses, exporttax reduction, turnover tax exemptions and other reductions based onNational Policies.60-70.402 PRICES, TAXES AND CUSTOMS CHARGES1. Unless otherwise indicated in the contract, all prices are firm and fixed, exceptfor taxes and custom charges, if due.2. NATO by virtue of his status is exempt from all taxes and all customs chargeson merchandises and services. The Contractor, therefore, certifies that theprices stipulated in this contract do not include amounts to cover such taxesor customs charges.60-70.403 INVOICES1. An Original Invoice shall be submitted and shall contain: contract number,item number, bank details (IBAN & BIC Codes), contract description ofsupplies or services, sizes, quantities, unit prices (exclusive of taxes or dutiesfor which relief is available) and extended totals.2. Invoice shall be addressed to the NATO Contracting Officer unless otherwisespecified on the contract/purchase order. If the original invoice is missing,copies of the invoice must contain the following statement before it can beproceed for payment:"I certify that the above invoice is true and correct and that payment has notbeen received".The certificate must then be followed by the signature of a duly authorizedcompany official.Page 12 of 23

NATO UNCLASSIFIED60-70.404 PAYMENTSIFIB-ACO-BRU-13-02Wireless Internet Services at KAF1. Payment for all supplies and services shall be made within 30 (thirty) calendardays after receipt of properly supported and acceptable invoices submittedupon completion of delivery or of the works, inspection and acceptance.2. No payment shall be made with respect to undelivered supplies, work notperformed and/or services not rendered under this Contract.3. Payment will be effected in the currency or currencies of the Contract.4. NATO shall not bear any cost related to financial guarantees, which theContractor is required to provide under this Contract.60-70.405 ADVANCE PAYMENTS – Not applicablePage 13 of 23

NATO UNCLASSIFIED60-70.5 – RECEIVING SECTION60-70.501 INSPECTION – Not applicable60-70.502 MARKING AND LABELLING – Not applicable60-70.503 NOTICE OF SHIPMENT – Not applicableIFIB-ACO-BRU-13-02Wireless Internet Services at KAF60-70.504 TITLE TO PROPERTY AND RISK OF LOSS – Not applicable60-70.505 ACCEPTANCE – Not applicable60-70.506 WARRANTY – Not applicable60-70.507 SERVICE AND PARTS AVAILABILITY – Not applicable60-70.508 VARIATION IN QUANTITY – Not applicablePage 14 of 23

60-70.601 DISPUTESNATO UNCLASSIFIED60-70.6 – PERFORMANCE SECTIONIFIB-ACO-BRU-13-02Wireless Internet Services at KAF1. All disputes arising out of the performance of this contract will be settledthrough amicable settlement between the Contracting Officer and theContractor.2. Should the Contracting Officer and the Contractor fail to come to an amiablesettlement of the dispute, the dispute will be settled in the competent Court ofthe Host Nation, arbitration councils included, unless otherwise specified inthis contract. In case of using the judicial avenue, the Contractor shall waivethe coverage of those courts corresponding to its fiscal residence in order torise before the competent Host Nation court.60-70.602 NATO DELAY OF WORK1. If the performance of all or any part of the work is delayed or interrupted by anact of the Contracting Officer in the administration of this contract, which act isnot expressly or implicitly authorized by this contract, or by his failure to actwithin the time specified in this contract (or within a reasonable time if no timeis specified), an adjustment shall be made for any increase in the cost ofperformance of this contract caused by such delay or interruption and thecontract modified in writing accordingly. Adjustment shall be made also in thedelivery or performance dates and any other contractual provision affected bysuch delay or interruption. However, no adjustment shall be made under thisclause for any delay or interruption (i) to the extent that performance wouldhave been delayed or interrupted by any other cause, including the fault ornegligence of the Contractor; or (ii) for which an adjustment is provided orexcluded under any other provision of this contract.2. No claim under this clause shall be allowed (i) for any costs incurred morethan twenty (20) days before the Contractor shall have notified theContracting Officer in writing of the act or failure to act; and (ii) unless theclaim in an amount stated, is asserted in writing as soon as practicable afterthe termination of such delay or interruption, but not later than the date of finalpayment under the contract.3. No claim under this clause shall be allowed for any delay resulting from therestriction of access to NATO facilities as a consequence of the conduct ofsecurity or safety exercises provided that such restrictive measures do notexceed five (5) working days over a year period, and that the accessrestrictions are notified by the Contracting Officer, in writing, to the Contractorat least 7 days prior to their implementation.60-70.603 LIQUIDATED DAMAGESPage 15 of 23

NATO UNCLASSIFIEDIFIB-ACO-BRU-13-02Wireless Internet Services at KAFIn lieu of actual damage the Contractor shall pay to NATO as fixed, agreed, andliquidated damages as specified in Special Provision of this contract, para 19Liquidated Damages.Alternatively, NATO may terminate this contract in whole or in part as provided inparagraph (a) of the Default Clause and in that event the Contractor shall be liable,in addition to the excess costs provided in paragraph (b) of the Default Clause, forsuch liquidated damages accruing until such time as NATO may reasonably obtaindelivery or performance of similar supplies or services. The Contractor shall not becharged with liquidated damages when the delay arises out of causes beyond thecontrol and without the fault or negligence of the Contractor, as defined in paragraph(c) of the Default clause and in such event, subject to the Disputes clause, theContracting Officer shall ascertain the facts and extent of the delay and shall extendthe time for performance of the contract when in his judgement the findings of factjustify an extension.60-70.604 TERMINATION FOR CONVENIENCE1. The performance of work under this contract may be terminated by NATO inaccordance with this clause in whole, or in part, whenever the ContractingOfficer shall determine that such termination is in the best interest of NATO.Any such termination shall be effected by delivery to the Contractor of aNotice of Termination specifying the extent to which performance of workunder the contract is terminated and the date upon which such terminationbecomes effective.2. After receipt of a Notice of Termination and except as otherwise directed bythe Contracting Officer, the Contractor shall:a. Stop work under the contract on the date and to the extent specified in theNotice of Termination;b. Place no further orders or sub-contracts for material, services or facilities,except as may be necessary for completion of such portion of the workunder the contract as is not terminated;c. Terminate all orders and sub-contracts to the extent that they relate to theperformance of work terminated by the Notice of Termination;d. Settle all liabilities and all claims arising out of such termination of ordersand sub-contracts, with the approval or ratification of the ContractingOfficer, to the extent he may require, which approval or ratification shallbe final for all the purposes of this clause;e. Transfer title and deliver to NATO in the manner, at the times, and to theextent, if any, directed by the Contracting Officer:(1) The fabricated parts, work in process, completed work, andPage 16 of 23

NATO UNCLASSIFIEDIFIB-ACO-BRU-13-02Wireless Internet Services at KAF(2) The completed or partially completed plans, drawings, information,and other property which, if the contract has been completed, wouldhave been required to be furnished to NATO;f. Complete performance of such part of the work as shall not have beenterminated by the Notice of Termination.3. After receipt of a Notice of Termination, the Contractor shall submit to theContracting Officer his termination claim, in the form and with certificationprescribed by the Contracting Officer. Such claim shall be submitted promptlybut in no event later than ninety (90) days from the effective date oftermination. Upon failure of the Contractor to submit his termination claimwithin the time allowed, the Contracting Officer may determine, on the basisof information available to him, the amount, if any due to the Contractor byreason of the termination and shall thereupon pay to the Contractor theamount so determined.4. Subject to the provisions of paragraph c., the Contractor and the ContractingOfficer may agree upon the whole or any part of the amount or amounts to bepaid to the Contractor by reason of the total or partial termination of workpursuant to this clause, which amount or amounts may include a reasonableallowance for profit on work done; provided that such agreed amount oramounts exclusive of settlement costs shall not exceed the total contract priceas reduced by the amount of payments otherwise made and as furtherreduced by the contract price of work not terminated.5. In the event of the failure of the Contractor and the Contracting Officer toagree as provided in paragraph d. upon the whole amount to be paid toContractor by reason of the termination of work pursuant to this clause, theContracting Officer shall pay to the Contractor the amounts determined by theContracting Officer.5. Unless otherwise provided for in this contract, or by applicable statute, theContractor, from the effective date of termination and for a period of threeyears after final settlement under this contract, shall preserve and makeavailable to NATO at all reasonable times at the office of the Contractor butwithout direct charge to NATO, all his books, records, documents and otherevidence bearing on the costs and expenses of the Contractor under thiscontract and relating to the work terminated hereunder, or to the extentapproved by the Contracting Officer, photographs, micro-photographs, orother authenticated reproductions thereof.60-70.605 TERMINATION FOR DEFAULT1. NATO may by written notice of default to the Contractor, terminate the wholeor any part of this contract in any one of the following circumstances:a. If the Contractor fails to make delivery of the supplies or to perform thePage 17 of 23

NATO UNCLASSIFIEDPage 18 of 23IFIB-ACO-BRU-13-02Wireless Internet Services at KAFservices within the time specified herein or any extension thereof; orb. If the Contractor fails to perform any of the other provisions of thiscontract, or so fails to make progress as to endanger performance of thiscontract in accordance with its terms and in either of these twocircumstances does not cure such failure within a period of ten days (orsuch longer period as the Contracting Officer may authorise in writing)after receipt of notice from the Contracting Officer specifying such failure.2. In the event NATO terminates this contract in whole or in part as provided inparagraph a. of this clause, NATO may procure supplies or services similar tothose so terminated and the Contractor shall be liable to NATO for anyexcess costs for such similar supplies or services. The Contractor shallcontinue the performance of this contract to the extent not terminated underthe provisions of this clause.3. The Contractor shall not be liable for any excess costs if the failure to performthe contract arises out of causes beyond the control and without the fault orgross negligence of the contractor.4. If this contract is terminated as provided in paragraph a. of this clause, NATO,in addition to any other rights provided in the clause, may require theContractor to transfer title and deliver to NATO in the manner and to theextent directed by the Contracting Officer:a. Any completed supplies andb. Such partially completed supplies and materials, parts, tools, dies, jigs,fixtures, plans, drawings, information and contract rights (hereinaftercalled "manufacturing materials") as the Contractor has specificallyproduced or specifically acquired for the performance of such part of thiscontract as has been terminated; and the Contractor shall, upon directionof the Contracting Officer, protect and preserve property in the possessionof the Contractor in which NATO has an interest. Payment for completedsupplies delivered to and accepted by NATO shall be at the contractprice. Payment for manufacturing materials delivered to and accepted byNATO and for the protection and preservation of property shall be in anamount agreed upon by the Contractor and Contracting Officer; failure toagree such amount shall be a dispute concerning a question of fact withinthe meaning of the clause of this contract entitled "Disputes". NATO maywithhold from amounts otherwise due the Contractor for such completedsupplies or manufacturing materials such sum as the Contracting Officerdetermines to be necessary to protect NATO against loss because ofoutstanding liens or claims of former lien holders.5. If, after notice of termination of this contract under the provisions of thisclause, it is determined for any reason that the Contractor was not in defaultunder the provisions of this clause, or that the default was excusable underthe provisions of this clause, the rights and obligations of the parties shall, ifthe contract contains a clause providing for termination for convenience of

NATO UNCLASSIFIEDPage 19 of 23IFIB-ACO-BRU-13-02Wireless Internet Services at KAFNATO, be the same as if the notice of termination had been issued pursuantto such clause. If, after such notice of termination of this contract under theprovisions of this clause, it is determined for any reason that the Contractorwas not in default under the provisions of this clause, and if this contract doesnot contain a clause providing for termination for convenience of NATO thecontract shall be equitably adjusted to compensate for such termination andthe contract modified accordingly; failure to agree to any such adjustmentshall be a dispute concerning a question of fact within the meaning of theclause of this contract entitled "Disputes".6. Both parties are under duty of good faith. The contract includes not only thespecific terms, but also law and customary practice applicable in the placewhere the contract is to be carried out and to the Type of Trade to which thecontract relates.60-70.606 SPECIAL TERMINATION CLAUSE1. If at any time while this Contract is in force either party find itself in one of thefollowing situation:a. Death, supervened incapacity or extinction of its legal entity;b. Declaration of bankruptcy, reorganisation of debts, take over by a trusty,or any other legal status implying lack of capacity to enter new financialliabilities,c. Change of activity in such a manner that it becomes incompatible with thepurpose of this Contract.2. Then the other party shall be entitled to terminate this Contract upon givingwritten notice of termination under the provisions of this clause to the otherparty. Such termination shall not be considered as termination forconvenience and shall be effective on the date stated on the notice oftermination.60-70.607 CONTRACTOR NOTICE OF DELAYIn the event the Contractor encounters difficulty in meeting performancerequirements, or when he anticipates difficulty in complying with the contractdelivery schedule or date, he shall immediately notify the Contracting Officer inwriting, giving pertinent details; provided, however, that this data shall beinformational only in character and that this provision shall not be construed as awaiver by NATO of any delivery schedule or date, or of any rights or remediesprovided by law or under this contract.60-70.608 STOP WORK ORDER1. The Contracting Officer may, at any time, by written order to the Contractor,require the Contractor to stop all, or any part, of the work called for by thiscontract for a period of ninety (90) days after the order is delivered to the

NATO UNCLASSIFIEDIFIB-ACO-BRU-13-02Wireless Internet Services at KAFContractor and for any further period to which the parties may agree. Anysuch order shall be specifically identified as Stop Work Order issued pursuantto this clause. Upon receipt of such an order, the Contractor shall forthwithcomply with its terms and take all reasonable steps to minimize theincurrence of costs allocable to the work covered by the order during theperiod of work stoppage. Within a period of ninety (90) days after a stop workorder is delivered to the Contractor, or within any extension of the period towhich the parties shall have agreed, the Contracting Officer shall either:a. Cancel the stop work order, orb. Terminate the work covered by such order as provided in the"Termination for Convenience" clause of this contract.2. If a stop work order issued under this clause is cancelled, or the period of theorder or any extension thereof expires, the Contractor shall resume work. Anequitable adjustment shall be made in the delivery schedule or contract price,or both, and the contract shall be modified in writing accordingly, if:a. The stop work order results in an increase in time required for, or in theContractor's cost properly allowable to, the performance of any part of thiscontract andb. The Contractor asserts a claim for such adjustment within thirty (30) daysafter the end of the period of work stoppage; provided that, if theContracting Officer decides the facts justify such action, he may receiveand act upon any such claim asserted at any time prior to final paymentunder this contract.3. If a stop work order is not cancelled and the work covered by such order isterminated for the convenience of NATO the reasonable costs resulting fromthe stop work order shall be allowed in arriving at the termination settlement.Page 20 of 23

NATO UNCLASSIFIED60-70.7 – COPYRIGHT SECTION60-70.701 SOFTWARE RELEASES AND UPDATESIFIB-ACO-BRU-13-02Wireless Internet Services at KAF1. All software implemented on or delivered with the supplies shall be at the startof acceptance, the most recent versions or releases as available on thecommercial market.2. The Contractor shall for duration of minimum five (5) years after acceptance,and upon their availability, offer to NATO all software changes, fixes and newreleases. These shall be offered at no cost when they are offered free ofcharge on the commercial market.60-70.702 RIGHTS IN TECHNICAL DATA AND COMPUTER SOFTWARE1. Ownership. As between the parties, the parties agree that portion of the workproduct as created by operation of this Agreement relating to NATO’sinformation shall belong exclusively to NATO. That portion of the workproduct as created by operation of this Agreement relating to Contractor’sinformation, pre-existing work or which is generic to Contractor’s softwareproducts shall belong exclusively to Contractor2. Pre-Existing Materials. Contractor may include in the supplies pre-existingwork or materials. Contractor grants to NATO a non-exclusive, nontransferable,non-assignable, worldwide, royalty-free right and license to use,execute, reproduce, display, perform, and distribute (internally) copies of, andprepare derivative works based upon, such work and materials and the rightto authorize others to do any of the foregoing solely for NATO’s purposes andbenefit under the applicable statement of work.60-70.703 TECHNICAL BROCHURES AND MAINTENANCE PLANNING – Notapplicable60-70.704 NOTICE AND ASSISTANCE REGARDING PATENT ANDCOPYRIGHT INFRINGEMENT – Not applicable60-70.705 PATENT INDEMNITYThe Contractor shall indemnify NATO and its officers, agents and employeesagainst liability, including costs, for infringement of any letters patent (except letterspatent issued upon an application which is now or may hereafter be kept secret orotherwise withheld from issue by order of the government which issued the letterspatent) arising out of the manufacture or delivery of supplies under this contract, orout of the use or disposal by or for the account of NATO of such supplies. Theforegoing indemnity shall not apply unless the Contractor shall have been informedas soon as practicable by NATO of the suit or action alleging such infringement andshall have been given such opportunity as is afforded by applicable laws, rules, orregulations to participate in the defence thereof; and further, such indemnity shallnot apply to:Page 21 of 23

NATO UNCLASSIFIEDIFIB-ACO-BRU-13-02Wireless Internet Services at KAFa. An infringement resulting from compliance with specific writteninstructions of the Contracting Officer directing a change in the supplies tobe delivered or in the materials or equipment to be used or directing amanner of performance of the Contract not normally used by theContractor;b. An infringement resulting from an addition to, or change in, such suppliesor components furnished which addition or change was made subsequentto delivery or performance by the Contractor; orc. A claimed infringement, which is settled without the consent of theContractor, unless required by a court of competent jurisdiction.Page 22 of 23

NATO UNCLASSIFIED60-70.8 – CONSTRUCTION SECTION60-70.801 PERFORMANCE BONDS – Not applicableIFIB-ACO-BRU-13-02Wireless Internet Services at KAF60-70.802 COMMENCEMENT, EXECUTION AND COMPLETION OF WORK –Not applicable60-70.803 ON-SITE UTILITIES – Not applicable60-70.804 STORAGE – Not applicable60-70.805 SITE PROTECTION – Not applicable60-70.806 WORKS AND VARIATIONS – Not applicable60-70.807 NATO PROVIDED DRAWINGS – Not applicable60-70.808 AS-BUILT DRAWINGS – Not applicablePage 23 of 23

NATO UNCLASSIFIEDContract no: IFIB-ACO-BRU-13-02Wireless Internet Services at KAFBOOK 2, Part 2STATEMENT OF WORKNATO UNCLASSIFIED

ANNEX BOutlineNATO UNCLASSIFIEDSTATEMENT OF WORKIFIB-ACO-BRU-13-02Wireless Internet Services at KAF1. In order to contribute to the morale and welfare of Kandahar Airfield residents it hasbeen assessed that the most beneficial use of the MWR finances would be to provide freewireless hot spots across KAF to facilitate access to the internet.2. The wireless hot spots should provide suffucient access to allow SKYPE calls to beconducted.Requirement3. Multiple hot spots are required to provide coverage up to 200m to support 400 people ateach hot spot (specific requirement for each hot spot is detailed later).4. Each user requesting access to the Welfare Internet must register with the company andprovide their ISAF ID number and access device unique identifier (i.e. MAC address or accessPIN code). Only single access to the hot spot is authorised per user. The user, once gainedaccessed, will be allotted a given timeslot between 30 minutes to one (1) hour, where theiraccess will then be cut and the user will be required to return to the main desk for additionalaccess time. As long as there are less than the maximum number of users at the given location,users will be allowed unlimited re-access. If the maximum number of users are reached perlocation, further access will be allowed once the number of users drops below the maximum.5. The use of Line of Sight equipment is not authorised, all connections must be hardwiredto the network equipment.6. Each hot spot must be fully operational prior to establishing the next.7. All network hardware (switches, routers etc) will be provided by the contractor, or itspartners, for the duration of the contract. All such equipment will be maintained and updatedthroughout the life of the contract to remain in line with existing industry standards.8. The installation of all equipment will be in line with COMKAF standards, if these are notdocumented then advice can be gained from COMKAF CJ6 personnel. The contractor will keepthe equipment in good working order throughout the duration of the contract and will continue tosupport such equipment for any contract extensions or renewals that are signed into force.Concept of Support9. The contractor will be required to maintain the wireless internet hot spots at the predesignated,agreed locations throughout the duration of the contract.10. The contractor will be required to install the necessary network equipment and maintainit throughout the duration of the contract. Provide fibre connectivity between the conractorsNETOPS centre and each hot spot.11. In the event of a service outage, the contractor will test all of their associated equipmentto ensure it is functioning correctly. The contractor will appropriately document lines ofresponsibility. Network diagrams are also to be provided detailing connectivity and equipment.This document must indicate each portion of the infrastructure/equipment.12. The contractor must be available 24/7 to escalate faults and to allocate access time tothe requested hot spot.NATO UNCLASSIFIED

NATO UNCLASSIFIEDIFIB-ACO-BRU-13-02Wireless Internet Services at KAF13. A 24/7 staffed office must be established on KAF for ease of contract negotiations andcustomer interface. A suitably empowered manager must also be available (on KAF)throughout the duration of the contract.14 The contractor must provide a system reliability of at least 99.8% availability, except ininstances of acts of war or terrorism against this system or during pre-arranged periods forscheduled maintenance.General15. The contractor will ensure the network access can handle a steady throughput ofbandwidth to support SKYPE calls for all hot spot users at each location.16. The contractor is responsible for the engineering design of the hot spots. After thedesign is complete, the contractor will submit the design with his bid package for approvalbefore contract award.17. Power to contractor equipment is the responsibility of the contractor unless by otherarrangement, which must be fully agreed by the customer (COMKAF).18. The proposed hot spot laydown is attached to this document. Table 1 below details therequirements for each hot spot.Based on 11Mbs providing 256k upto 42 users timed slots 30minsHot spot location Number of users Bandwidth (MB) down Bandwidth (MB) upBoardwalk 150 realistic 42 256k 256kHeroes 100 realistic 42 256k 256kUSMWR 150 realistic 42 256k 256kTable 1.Change management process19. The contract is awarded on the understanding that the company will provide a solutionthat is scalable to react with the changing size and shape of KAF (both up and down).20. The initial requirement is that up to 3 hot spot locations will be established across KAF atpredesignated locations by COMKAF.21. An equal cost (US$) per hotspot will be allocated. Therefore if additional hotspots arerequied a set fee will be applied. This cost reduction is also employed if the number of hot spotsreduces. i.e. cost per hot spot = µ. Therefore 5 hot spots = 5 µ and 10 hot spots would = 10 µ.22. Any change to contract/requirement as a result of COMKAF direction/policy that resultsin additional cost to the company can be negotiated with HQ AJFC Brunssum.Penalties23. After the contractor has installed the service, activated each hot spot and it has beenaccepted into service, the contractor will be granted a 48 hour grace period in which penaltiesfor any failures will not be levied. After this time all penalties will take effect for service outages.24. The contractor shall endeavour to fix any problems as they occur, as quickly as possible.NATO UNCLASSIFIED

NATO UNCLASSIFIEDIFIB-ACO-BRU-13-02Wireless Internet Services at KAFIn the event that the service fails in any way (except in the case of war or terrorism relatedactivities) the contractor will endeavour to repair the problem and get the internet serviceoperational again as quickly as possible. As an incentive, if the contractor cannot get theservice operational within 4 hours of a failure, then the contractor will be obliged to pay contractpenalties for the remaining duration of the outage on an hourly basis until the fault is repaired.Such penalties are detailed below:a. US$100 per hour after 4 hours.b. US$150 per hour after 12 hours, in addition to the amount accrued from the 4 to12 hour period.25. An outage is considered as a condition where the malfunction of the contractorequipment disrupts the data flow in any direction, or the failure to deliver the agreed uponminimum bandwidth (capable of supporting up to the maximum number of SKYPE calls per hotspot) to the customer due to contractor equipment fault(s)/limitations.26. An outage is considered ceased, together with any such penalties, when connectivity isre-established.27. The contractor will manage access into each hot spot which is provided for personal useonly i.e hot spot access is for MWR use only and not business use (tax returns etc).Reporting28. The contractor is to provide the customer with the following monthly reports in a formateasily readable and understood (such as Excel): To COMKAF CJ8 contractsa. Number of user logins and duration of login.b. Average bandwidth/datarate per user.c. Outage and recovery times.Additional information29. The contractor will maintain a log of the serviceability of each hot spot. This informationwill be presented to the COMKAF Contracts Office for review at the end of each week.30. To prevent abuse and ensure a fair use policy by all, the company must employ amethod of controlling and verifying user access.31. Access will be restricted to single hour blocks. Once the time has expired the user mayrequest additional time. If available, then uninterrupted access will be granted. If use is highthen the request will be placed at the bottom of the queue. If the requested hour slot is notactivated within 60 minutes of the request then the session expires.32. If contacted by a nominated individual from COMKAF, RC(S) or USFOR-A the companyare to switch access off. This action is necessary to reduce the opportunity for informationNATO UNCLASSIFIED

NATO UNCLASSIFIEDIFIB-ACO-BRU-13-02Wireless Internet Services at KAFleaving the base during specific events such as ground attack.NATO UNCLASSIFIED

Annex to Statement of WorkACO-BRU-13-02 Wireless Internet Services at KAFStatement of WorkSpecificationsWireless Internet Service for Kandahar AirfieldSection 1 - Management Specifications1.1 - Fault Management: Describe your Fault Management capabilities as follows:(a) Describe by what means and at whattimes that the Customer will be able tocontact your technician.(b) What is your initial response time toservice requirements from the Customer?(c) Describe the escalation procedures forfaults irresolvable by the technician that wasdeployed to investigate.(d) Describe how you monitor yourprovision of service.(e) What are the hours that your provisionof services will be monitored (specify forreligious and statutory holidays).(f) Are you able to provide reports on allincidents, their cause and resolution? If so,please state the format and frequency ofthese reports.1.2 - Technician Specifications(a) What is the availability of yourtechnicians for on-site service (specify forreligious and statutory holidays).

Annex to Statement of WorkACO-BRU-13-02 Wireless Internet Services at KAF(b) What are the qualifications of thetechnicians that will be assigned torepair/troubleshoot your equipment?(c) Are the technicians capable ofcommunicating clearly in English?1.3 - Equipment Maintenance: The Provider will be responsible for all maintenance from Point of Entry to the demarcation on theProvider's network. They will also be responsible for the warranties of all installed equipment. Describe your EquipmentMaintenance capabilities as follows:(a) What is the length of the guaranteedwarranty for all equipment purchased/leasedby the Customer?(minimum standard required: 1 yearwarranty)(b) Outline the availability of spare parts forinstalled equipment.

Annex to Statement of WorkACO-BRU-13-02 Wireless Internet Services at KAFSection 2 - Technical Specifications2.1 - Satellite Link Specifications: The following specifications are to be identified for the provision of satellite terminal equipment.Please answer the following questions if you use satellite terminal equipment.(a) What equipment is used to establish thesatellite link?-Provide a connectivity diagram.-Provide the size and weight of dish aswell as the required surface footprint forany base stand-Provide power requirements of the dish awhether or not a heating system isincluded-Provide the look angle required for thedish(b) What is the carrier company?(c) Provide the bandwidth capacity of yoursystem.This is to mean the scalability of what will beinstalled and what is the maximum thesolution is capable of before additionalequipment needs to be brought in

Annex to Statement of WorkACO-BRU-13-02 Wireless Internet Services at KAF(d) What is the bandwidth that can beprovided to KAF?(e) Is the bandwidth provision scalable and,if so, to what maximum bandwidth?(f) Latency. Define the latency of theservice provision (in ms) to the wider internet(e.g. www.yahoo.com).Priority QueuingThe contractor needs to provide a method toprioritize traffic on the last mile to ISAF.Prioritization will need to be based bydestination IP address on the ISAF InternetGateway. Currently ISAF only has plans forone priority IP, however future requirementsmay require additional priority IP addressesto be supported.-Detail your method of providing thiscapability.

Annex to Statement of WorkACO-BRU-13-02 Wireless Internet Services at KAF2.2 - Terrestrial Link Specifications: The following specifications are to be identified for the provision of terrestrial terminalequipment. Please answer the following questions if you use terrestrial terminal equipment.(b) What is the carrier company?(c) Provide the bandwidth capacity of yoursystem.(d) What is the bandwidth that can beprovided to KAF?(e) Is the bandwidth provision scalable and,if so, to what maximum bandwidth?

Annex to Statement of WorkACO-BRU-13-02 Wireless Internet Services at KAF(g) Latency. Define the latency of theservice provision (in ms).Priority QueuingThe contractor needs to provide a method toprioritize traffic on the last mile to ISAF.Prioritization will need to be based bydestination IP address on the ISAF InternetGateway. Currently ISAF only has plans forone priority IP, however future requirementsmay require additional priority IP addressesto be supported.-Detail your method of providing thiscapability.

NATO UNCLASSIFIEDAnnex AIFIB-ACO-BRU-13-02Wireless Services at KAFPRICE BID SHEETInternet Services at HQ ISAFPricing Assumptions1. All prices are to be expressed in US Dollars ($) and are effective throughoutthe one-year performance period of the contract and two three(3)-monthsoptions.2. Prices are exempt from all taxes or duties3. Price Bid includes warranty work and warranty of the spare parts for one year.This includes but is not limited to all transportation, insurance, administrative,packaging and handling fees.4. Award will be based on the Lowest Technically Compliant Bid Price.5. Please use the format below when submitting your price bid.NATO UNCLASSIFIED1 of 3

NATO UNCLASSIFIEDAnnex AIFIB-ACO-BRU-13-02Wireless Services at KAF3.1 - Hardware and Point of Presence costsIdentify the purchasing cost of the HWrequired from entry point to demarcationpoint. (as applicable)Financial SpecificationsIdentify the monthly rental cost of the HWrequired from entry point to demarcationpoint. (as applicable)Identify any one-time set-up charges forinstallation of equipment. (as applicable)3.2 - Cost of Bandwidth(a) Identify the fixed monthly fee for a baseamount of bandwidth.(b) Identify the fixed monthly fee for eachadditional increment of bandwidthNATO UNCLASSIFIED2 of 3

NATO UNCLASSIFIEDAnnex AIFIB-ACO-BRU-13-02Wireless Services at KAF3.3 - Maintenance and Customer Service Costs(a) Identify the maintenance costs (asapplicable) for purchased entry point.(b) Identify the costs associated to customerservice calls. (as applicable)NATO UNCLASSIFIED3 of 3