REQUEST FOR PROPOSAL
PROCUREMENT OF CROP YIELD
PREDICTION USING SATELLITE
REMOTE SENSING TECHNIQUES
March 2022
Korea Aerospace Research Institute
169-84 Gwahak-ro, Yuseong-gu,
Daejeon, 34133, Korea
KARI proprietary
The data/information contained in this document shall not be disclosed, disseminated or reproduced, in whole or in part, without
the express prior written approval of KARI.
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REQUEST FOR PROPOSAL
PROCUREMENT OF CROP YIELD
PREDICTION USING SATELLITE
REMOTE SENSING TECHNIQUES
TBD 2022
Korea Aerospace Research Institute
169-84 Gwahak-ro, Yuseong-gu,
Daejeon, 34133, Korea
KARI proprietary
The data/information contained in this document shall not be disclosed, disseminated or reproduced, in whole or in part, without
the express prior written approval of KARI.
This page intentionally left blank.
i
Table of Contents
PART I. INTRODUCTION................................................................................1
1.1
SATELLITE DATA APPLICATION PROJECT................................................................3
1.2
MISSION......................................................................................................................3
1.3
OBJECTIVE OF RFP...................................................................................................3
1.4
CONTRACT CONCEPTS...............................................................................................3
1.5
SCHEDULE OF CONTRACT.........................................................................................3
1.7
TERMINOLOGY...........................................................................................................3
PART II. GENERAL INSTRUCTION TO BIDDER......................................6
2.1
PURPOSE.....................................................................................................................8
2.2
STRUCTURE OF THE RFP..........................................................................................8
2.3
QUALIFICATION OF BIDDER......................................................................................8
2.4
SUBMITTAL OF PROPOSAL.........................................................................................8
2.4.1
Proposal Documents.......................................................................................8
2.4.2
Number of Copies...........................................................................................9
2.4.3
Bid Closing Date............................................................................................9
2.4.4
Method of Submittal.......................................................................................9
2.4.5
Point of Contact............................................................................................10
2.4.6
Statement of Compliance..............................................................................10
2.5
BIDDING SCHEDULE.................................................................................................10
2.6
QUESTIONS AND MODIFICATIONS...........................................................................11
2.7
ACCEPTANCE/REJECTION OF BIDS.........................................................................11
2.8
EVALUATION OF PROPOSAL.....................................................................................11
2.8.1
Evaluation Process.......................................................................................11
2.10
CONTRACT................................................................................................................12
2.11
LANGUAGE AND MEASUREMENT UNIT...................................................................12
2.12
PRICING REQUIREMENTS........................................................................................12
2.13
CONFIDENTIALITY...................................................................................................12
2.14
PROPRIETARY RIGHTS.............................................................................................12
2.15
WITHDRAWAL OF PROPOSAL..................................................................................12
2.16
PROPERTY OF PROPOSAL........................................................................................13
2.17
EXPENSES.................................................................................................................13
2.18
GOVERNING LAW.....................................................................................................13
2.19
ARBITRATION...........................................................................................................13
2.20
RECEIPT OF RFP PACKAGES..................................................................................13
2.21
REGISTRATION OF INTENT......................................................................................13
PART III. TECHNICAL REQUIREMENTS FOR CONTRACT................13
3.1
SCOPE.......................................................................................................................16
3.2
OVERVIEW................................................................................................................16
3.3
BASIC SPECIFICATIONS............................................................................................17
3.4
ESSENTIAL COMPONENTS OF THE WORK..............................................................17
Procurement of Crop Yield Prediction Using Satellite Remote Sensing Techniques
Request for Proposal, Table of Contents
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3.4.1
Review of existing remotely sensed crop yield prediction models................17
3.4.2
Crop type classification method...................................................................18
3.4.3
Evaluation of regional-to-national scale crop yield prediction...................18
3.4.4
Recommendations for operationally implementing the crop yield predictio
n system
PART IV. STATEMENT OF WORK...............................................................20
4.1
OVERVIEW................................................................................................................22
4.2
CONCEPT..................................................................................................................22
4.2.1
Work-Scope...................................................................................................22
4.3
DELIVERABLE ITEMS...............................................................................................22
ANNEX A. SUGGESTED PROPOSAL..........................................................25
ANNEX B. STATEMENT OF COMPLIANCE.............................................29
Annex C. Terms and Conditions.........................................................................33
Procurement of Crop Yield Prediction Using Satellite Remote Sensing Techniques
Request for Proposal, Table of Contents
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Page 1
Part I. Introduction
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Request for Proposal, Part Ⅰ
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1.1
Satellite Data Application Project
Korea Aerospace Research Institute (KARI, hereafter), a government-funded research
institute is responsible for the promotion of the satellite information application.
1.2
Mission
As the follow-on mission of a satellite data application project, the main mission objective is
to perform its role as a national satellite institution to promote satellite information
application including advancement of satellite utilization technology, reinforcement of
international cooperation system, and government policy support.
1.3
Objective of RFP
KARI is issuing this Request for Proposal (RFP, hereafter) to Bidders who are willing to
collaborate with KARI in successfully performing the Crop Yield Prediction Using Satellite
Remote Sensing Techniques. This RFP document explains the procedures to be undertaken
by Bidders seeking to respond to the RFP for related services. This RFP also details the
requirements, terms, and conditions for the proposal and contract.
1.4
Contract Concepts
In the phase of the issuance of RFP, this RFP is written and issued by KARI. The contract
will be made with one contractor who satisfies the scope of RFP with the experience and
ability of research and submit the lowest bid price.
In the evaluation and contract phases, Bidder’s Proposal will be evaluated by the evaluation
committee according to the related rules.
1.5
Schedule of Contract
2022. 3 [TBC] : Completion of contract between KARI and bidder [TBC]
2022. 4 [TBC] : Kick-off Meeting [TBC]
2022. 12 [TBC] : Submission of Interim Report[TBC]
2023. 1 [TBC] : Presentation on Second year Plan [TBC]
2023. 6 [TBC] : Release of second Preliminary Report [TBC]
2023. 12 [TBC] : Submission of Final Report [TBC]
1.6
Terminology
Unless otherwise specified elsewhere, the following terms as used herein shall have the
meaning as assigned to them:
1.6.1
Bid means a solicitation of KARI for the submittal of the Proposal in response to
the RFP.
1.6.2
Bidder means person(s) or corporation(s) who submits the Proposal in response to
the RFP.
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Request for Proposal, Part Ⅰ
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1.6.3
Contract means a contract to be executed between KARI and Contractor for
Procurement of Crop Yield Prediction Using Satellite Remote Sensing Techniques
to the RFP.
1.6.4
Contractor means the party who has entered into the Contract.
1.6.5
KARI means Korea Aerospace Research Institute as designated by the Korean
Government for the issuance of the RFP.
1.6.6
Proposal means any set of documents effectively submitted by a Bidder in
response to this RFP.
1.6.7
RFP or Request for Proposal means all documents, including those attached or
incorporated by reference, used for soliciting Proposal as set forth in Section 2.2
(Structure of the RFP) of Part II of the RFP.
1.6.8
TBD means “To Be Determined” by KARI before the award of the Contract.
1.6.9
TBC means “To Be Confirmed” mutually by KARI and Bidder as to any
requirements suggested.
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Request for Proposal, Part Ⅰ
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Part II. General Instruction to Bidder
Procurement of Crop Yield Prediction Using Satellite Remote Sensing Techniques
Request for Proposal, Annex B
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2.1
Purpose
This section describes the requirements for preparing and submitting the Bidder’s
Proposals to this RFP.
2.2
Structure of the RFP
This RFP consists of the following Parts:
Part I Introduction
Part II
General Instruction to Bidders
Part III
Technical Requirements for Contract
Part IV
Statement of Work
Annex A.
Suggested Proposal
Annex B.
Terms and Conditions
Part I provides introduction to this RFP document.
Part II illustrates general instructions for the preparation and submission of the Proposal,
and principles of evaluation of the Proposal.
Part III outlines the key performance and function of crop yield prediction model using
satellite remote sensing imagery.
Part IV states the Statement of Work, which shall be provided by the Contractor to KARI
during the entire course of Contract. This Statement of Work will be the baseline for the
Contract.
Annex C presents the baseline of the general terms and conditions, which is the basic
guideline for the Bidder to prepare the Proposals and for the customer, KARI, and the
Contractor to form the Contract.
2.3
Qualification of Bidder
2.3.1
Bidder shall have demonstrated track records in applying satellite remote sensing
to agricultural monitoring and yield prediction.
2.3.2
The qualifying statement for the above requirements and support materials shall
be provided in the Proposal.
2.4
Submittal of Proposal
2.4.1
Proposal Documents
Bidder shall submit their Proposals in the following three (3) Volumes as presented in
Annex A, Suggested Proposal, with any other required certificate and evidences under the
Procurement of Crop Yield Prediction Using Satellite Remote Sensing Techniques
Request for Proposal, Annex B
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RFP.
Volume 1.
Capability and Experience
Volume 2.
Technical Proposal
Volume 3.
Statement of Work Proposal
The detailed instructions for each Volume can be founded in the Suggested Proposal given
in Annex A of this RFP. It is recommended that Bidder submit the proposal in the same
sequence as enlisted in the Suggested Proposal.
A4 or letter-size paper shall be used. If the larger paper should be used for the explanation,
foldout can be used.
2.4.2
Number of Copies
Bidder’s proposal shall be submitted in one (1) original hardcopy, which is marked as
“ORIGINAL COPY” on the cover, and six (6) hardcopies. In addition, the electronic files
of the Proposal in Microsoft Office Word for Windows and Portable Document Format
(PDF) shall be submitted.
In case of any discrepancy between the original copy and electronic file or the other
hardcopies, the original copy, which is marked as “ORIGINAL COPY” on the cover, shall
prevail.
2.4.3
Bid Closing Date
The closing time for the Proposal is TBD.
2.4.4
Method of Submittal
The Proposal shall be hand-carried or sent using a package delivery to the following KARI
personnel or his designee:
Mr. Jae Seok LEE
Procurement Team
Korea Aerospace Research Institute
169-84 Gwahak-ro, Yuseong-gu
Daejeon, 34133, Korea
Tel) +82-42-860-2766
E-mail) jslee78@kari.re.kr
The communication between KARI and Bidder for contractual matters (Terms and
Conditions) shall be controlled through the following designee:
Mr. Yo-Han OH
Procurement Team
Korea Aerospace Research Institute
Procurement of Crop Yield Prediction Using Satellite Remote Sensing Techniques
Request for Proposal, Annex B
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169-84 Gwahak-ro, Yuseong-gu
Daejeon, 34133, Korea
Tel) +82-42-860-2613
E-mail) hotaroo@kari.re.kr
2.4.5
Point of Contact
Besides the Proposal submission, the point of contact for all communications for technical
matters shall be
Dr. Seungtaek Jeong
Satellite Application Division
Korea Aerospace Research Institute
169-84 Gwahak-ro, Yuseong-gu
Daejeon, 34133, Korea
Tel) +82-42-879-4433
Fax) +82-42-870-3909
E-mail) stjeong@kari.re.kr
with C.C to
Dr. Sungu Lee
Satellite Application Division
Korea Aerospace Research Institute
169-84 Gwahak-ro, Yuseong-gu
Daejeon, 34133, Korea
Tel) +82-42-860-2854
Fax) +82-42-870-3909
E-mail) leesg@kari.re.kr
Bidder shall specify its single point of contact in the Volume I of its Proposal, Capability
and Experience, for KARI to communicate in connection with the RFP, Proposal and the
subsequent evaluation. Bidder’s information on the point of contact shall include the name,
title/position, telephone no., facsimile no., and e-mail address.
2.5
Bidding Schedule
2.5.1
The following schedule is a tentative milestone for the eventual Contract and
may be changed at KARI’s sole discretion:
[1]
RFP Release: [TBD]
[2]
Bid Closing Date: [TBD]
[3]
Evaluation of Proposal: [TBD]
[4]
Expected Contract Date: [TBD]
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2.6
Questions and Modifications
2.6.1
Any questions as to the intent and clarity of the RFP may be directed to KARI’s
point of contact as specified in Section 2.4.5 of the Part II of this RFP by e-mail,
fax, or letter no later than five (5) days before the Bid Closing Date.
2.6.2
KARI may ask Bidder in writing for clarifications, amendments, revisions, or
supplementation of the Proposal and any other documents submitted by Bidder
at any time before the execution of the Contract. KARI may also ask Bidder to
submit and supply additional information or documents necessary for evaluation
of the Proposal.
2.6.3
After the Bid Closing Date, Bidder shall not amend, modify, or supplement the
Proposal, or submit any other documents to KARI, except with KARI's written
request.
2.7
Acceptance/Rejection of Bids
KARI reserves the right to accept or reject any Bidding, and to amend the Bidding process
and reject all Biddings at any time prior to the award of the Contract without thereby
incurring any liability to the affected Bidder, and KARI is not under any obligation to
inform the affected Bidder of the ground for its action.
2.8
Evaluation of Proposal
The evaluation of the Proposals will be made by the evaluation committee, which will be
acting through KARI.
The following evaluation process is for information only, and the evaluation committee
reserves the right to modify the evaluation process and criteria without any prior
notification to Bidders.
2.8.1
Evaluation Process
2.8.1.1
During the Bid evaluation, KARI may send to Bidder a set of questions for
clarification and request any supplement to the Proposals and the evaluation will
be made based on the Proposal and the answers and the supplement received
from Bidder.
2.8.1.2 The evaluation consists of two (2) steps of the technical part and bidding price
part and, after the evaluation of technical part, the evaluation committee will
select the Qualified Bidders and perform the bidding price evaluation for the
selected Qualified Bidders. The total technical evaluation score is one hundred
(100) points and Bidders, who get score exceeding eighty (80) points in technical
part, will be selected as Qualified Bidders. And then, the Qualified Bidder, who
proposes the lowest price among the Qualified Bidders, will be selected as the
Procurement of Crop Yield Prediction Using Satellite Remote Sensing Techniques
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Successful Bidder.
2.8.1.3
Subject to an evaluation of the Proposal, the evaluation committee will judge
whether Bidder provides Proposal enough to meet the requirements in this RFP.
2.8.1.4
The result of evaluation is at the proposal evaluation committee’s discretion
based on evaluation process and Bidder shall not raise any objection regarding
the proposal evaluation committee’s decision thereupon.
2.10 Contract
2.10.1
The Terms and Conditions as presented in Annex C of this RFP is the baseline
requirement for the Contract with the Bidder, and will be the basis of the
Contract.
2.11 Language and Measurement Unit
2.11.1
The Proposal and any documents submitted to KARI under the RFP and
communication and the Contract language shall be in English.
2.11.2
"Système Internationale" (SI, hereafter) units shall be used for measurements
and quantities in the Proposal and all the accompanying documents.
2.12 Pricing Requirements
2.12.1
Any price or rate for Contract shall be firm and fixed, not subject to change for a
price escalation for the entire period of the Contract.
2.12.2
Any kinds of taxes and duties arising in connection with Bidder’s work under
this RFP and under the eventual Contract shall be Bidder’s responsibility, except
for the customs duties and VAT levied in Korea and the price shall be inclusive of
any cost or charge incurred due to delivery of any hardware, software, equipment, spare
parts,
and documentation to KARI or its designated point of delivery.
2.12.3
The currency quoted in the Price Proposal shall be expressed in Korean Won
(KRW) however, other currency is acceptable. In case of other currency, for the
price evaluation, the 1st basic exchange rate noticed by KEB Hana Bank on price
evaluation date shall be applied for the exchange rate for currency change.
2.12.4
And, the currency of the Contract could be Contractor’s national currency within
the KRW value of the budget announced for this bidding, if necessary. In such a
case, the 1st basic exchange rate noticed by KEB Hana Bank on price evaluation
date shall be applied for the exchange rate for currency change.
2.13 Confidentiality
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Request for Proposal, Annex B
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2.13.1
There shall be no news releases, public announcements, denials or confirmation
in connection with this RFP or contract award without prior written approval of
KARI.
2.13.2
All documentation submitted in response to this RFP shall be marked
"COMMERCIALS-IN-CONFIDENCE" on the first page of each document. All
elements of the RFP shall be kept confidential, and shall not be intentionally
disclosed by Bidder to third parties.
2.14 Proprietary Rights
KARI shall have the irrevocable, royalty-free, and exclusive right to use the simulated
sample data and results of Procurement of Crop Yield Prediction Using Satellite Remote
Sensing Techniques.
2.15 Withdrawal of Proposal
Bidder may withdraw its Proposal at any time before the Bid Closing Date. Withdrawal
shall be made in writing, and shall be received by KARI before the Bid Closing Date.
2.16 Property of Proposal
All documents submitted in response to the RFP shall become the property of KARI and
will be retained by KARI.
2.17 Expenses
Expenses incurred by Bidder in connection with the preparation, submittal, and any
subsequent clarification or any other activities for this Bidding are for their own account
and will not be reimbursed by KARI.
2.18 Governing Law
This RFP and the Contract shall be construed in accordance with and governed by the laws
of the Republic of Korea.
2.19 Arbitration
Any disputes in relation to, and under the RFP and Contract shall be resolved through
arbitration in Seoul, Korea, under the Rules of the Korean Commercial Arbitration Board.
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Part III. Technical Requirements for
Contract
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3.1
Scope
This chapter describes the technical requirements and work scope which Contractor shall
fulfill a contract based on. Contractor shall conduct Procurement of Crop Yield Prediction
Using Satellite Remote Sensing Techniques. The main satellite instruments to be used
include, but are not limited to, optical and microwave sensors currently available and
accessible. Conjunctive use of non-remote-sensing ancillary information (e.g., weather
monitoring and forecast data) is a welcome addition as long as the use of ancillary
information remains a feasible option for operationalizing the developed method. Bidder
may propose other technical contents and information to cover the defined items in this
RFP.
3.2
Overview
Recently, food security has been threatened by increasing the frequency of unusual weather
phenomena such as drought and extreme temperatures. Accurate prediction of crop yields
is important to safeguard food security in volatile global food markets.
Satellite imagery application technology is an effective means for identifying and
diagnosing the crop condition and adopting necessary measures for better production over
a broad area. Although there have been many application research projects for monitoring
and predicting crop information using satellite imagery, there has been insufficient
practical application. This project aims to develop a practical crop yield prediction
technology based on satellite imagery for the world.
[Layer of Virtual Globe]
KARI has been taking high precision satellite imagery in worldwide coverage. It is plan to
build a virtual globe (VG) that contains spatial information as well as crop, weather,
climate, oceanographic, environment information. Among the information, crop
information has not only great cost benefit but also food security reinforcement. Therefore,
crop information system (CIS) is an important part of the VG. Before developing the CIS,
a technical demonstration is necessary. In this project, technical ability of crop yield
analysis shall be demonstrated. It will cover major crop information which contains wheat,
barley, maize, soybean crops in worldwide.
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3.3
Basic Specifications
Developed method should be applicable to quantitatively predict the yield of world major
crops, such as wheat, barley, maize, and soybean (*TBC), but the yield prediction models
transferrable to other crops and regions would be preferred. The remotely sensed crop yield
method is required to satisfy the following conditions:
Baseline yield prediction model is operationally deployable at all conditions using
medium-resolution (approximately 100 m to 1 km) satellite sensors, e.g., MODIS
and VIIRS
Annual yield prediction of the target crop is produced at least from the
intermediate growth stage of the crop (50% of the total growth period between
emergence and harvest), with increasing accuracy towards the harvest season
The crop type classification method is based on satellite imagery, which the result
is produced on an annual basis.
The model is validated against the determined crop types; validated performance
for globally important major crops is desirable
The model is technically scalable for application in the agricultural regions of the
world
3.4
Essential Components of the Work
The contract work should include components listed below and conditions therein.
2.1
Review of existing remotely sensed crop yield prediction models
Review of remotely-sensed crop yield mapping and prediction models.
Reviewed models should be novel and the ones rigorously tested over the major
crops based on the medium-resolution satellite imagery (e.g., MODIS, AVHRR,
and VIIRS).
Minimum 2 algorithms should be reviewed in depth and used as a basis for the
actual demonstration in the subsequent tasks.
At least one model should incorporate operationally accessible basic
meteorological inputs, e.g., daily rainfall, air temperature, and solar radiation, with
an aim to improve the prediction skill.
Reviewed models should be tested over a selection of evaluation sites and the
selected model with the highest skill should be used as a basis for the further
development.
The selected model should be reliable enough to be operationally deployable.
Evaluation of the reviewed models should be undertaken against the actual crop
yield data at the field or district (with known cropping area) scale.
The selected model should provide prediction error of maximum 20% (based on
Procurement of Crop Yield Prediction Using Satellite Remote Sensing Techniques
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yield mass/area).
2.2
Crop type classification method
Crop type classification method should be a medium-resolution satellite image-
based method that can be applied worldwide.
As critical input, the developed remote-sensing model is required to include
desirable crop type classification schemes considering medium-resolution satellite
imagery.
User accuracy of crop type classification for the selected target crops is expected
to be 70% or higher given the mixed pixel effect on the medium-resolution
satellite imagery.
The candidate scheme for crop type classification are expected to include at least
one Machine Learning or Deep Learning-based method.
Crop type classification should produce outputs with satisfactory accuracy within
three months from the ‘emergence’ stage of target crops, along with the crop yield
prediction model.
The method should have appropriate scalability for applying to the world’s
croplands at the district or province level.
In addition, the listed below are planned components in a follow-up project (*TBD).
Therefore, this project should proceed with reference to the below (Section 3.4.3, 3.4.4).
2.3
Evaluation of regional-to-national scale crop yield prediction
Reliable evaluation of the proposed remote-sensing products is a critical measure of the
success. The contractor should be able to demonstrate the accuracy of regional (district or
province level) or national scale crop yield prediction for major target crops using
historical survey records.
Follow-up project evaluates practicality by expanding and applying the crop yield
prediction model including crop type classification method validated in this
project.
The contractor should demonstrate the accuracy of crop yield predictions for
selected crop types in the 1st project and meet the required target levels
Evaluation of the crop yield prediction outputs is based on technically sound and
rigorous.
2.4
Recommendations for operationally implementing the crop yield prediction
system
The contractor is required to provide suggestions for operationally implementing
the cropping field area estimation, crop type classification, and crop yield
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prediction schemed of the project with example business cases of similar systems
existing in the R&D and commercial markets.
Suggestions include i) requirements for establishing an operational system in both
hardware and software domains ii) analysis of competitors on the global stage and
iii) scopes for extending the system to more comprehensive global food supply
chain information.
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Part IV. Statement of Work
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4.1
Overview
This section defines the work to be performed by the Contractor, including the provision of
Reports and Simulated data for Procurement of Crop Yield Prediction Using Satellite
Remote Sensing Techniques
The contents, which will be included in a contract document, will be determined based on
this RFP and the Contractor's proposal.
The Contractor can propose additional tasks and supports which are considered to be
necessary for the crop yield prediction model using satellite imagery but not defined in
RFP.
4.2
Concept
Procurement of Crop Yield Prediction Using Satellite Remote Sensing Techniques shall be
performed in such a way utilizing the Contractor’s technologies and experiences obtained
from developments and operation of crop yield prediction system based on the satellite
imagery.
4.2.1
Work-Scope
The work scope is divided into two work-scopes, as follows:
Work-Scope I
: Development of the Satellite Application Technology
Work-Scope II
: Technical Review & Presentation including Q&A session
The work-scope I means all research related to Procurement of Crop Yield Prediction
Using Satellite Remote Sensing Techniques. And also, the work-scope I includes
Preliminary Reports and Final Reports which result from Development of the Satellite
Application Technology. In addition, the provision of relevant sample data is included in
the work-scope I. The Preliminary Reports shall be delivered to Customer within [TBD]
months after Contract. The Preliminary Reports will be used for Customer to make sure
whether Contractor understands Customer’s intention well. If some misunderstanding is
found through the Preliminary Reports, Contractor shall reflect it to the Final Reports and
the Sample Data.
The work-scope II means all activities related to the Technical Review meeting and
Presentation to discuss relevant results of work-scope I, which may be held on Contractor’s
site. And also the work-scope II includes Q&A (Question and Answer) session during
Technical Review meeting and Presentation period. In addition, the meetings for Technical
Review, Presentation, and Q&A will be held for about [TBD] days after the submission of
Final Reports and Sample Data for work-scope I.
4.3
Work-Scope
The work scope is divided into two work-scopes, as follows:
Work-Scope I
: Development of the Satellite Application Technology
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Work-Scope II
: Presentation on Progress Report and Technical Issues
The work-scope I means all research related to Procurement of Crop Yield Prediction
Using Satellite Remote Sensing Techniques. Also, the work-scope I includes Interim
Report, Final Report, and Numerical Schemes & Codes.
The Interim Report will be used for Customer to make sure whether Contractor
understands Customer’s intention well. If some misunderstanding is found through the
Interim Report, Contractor shall reflect it to the Final Report. The Numerical Schemes &
Codes shall be clear and easy to understand so that the Customer can directly operate the
technology developed in this project.
The work-scope II means all activities related to the Work-Cope I including the
presentation and meeting to discuss research progress, results, and technical issues. In
addition, formal presentations and meetings follow the Schedule of Works (4.4), but
additional meetings shall be held depending on the technical issues of the work under the
agreement between the Customer and the Contractor.
4.4
Schedule of Works
2022. 4 [TBC]: Kick-off Meeting [TBC]
2022. 8 [TBC]: Presentation on Progress Report [TBC]
2022. 12[TBC]: Submission of Interim Report [TBC]
2023. 1 [TBC]: Presentation on Second Year Project Plan [TBC]
2023. 6 [TBC]: Presentation on Progress Report [TBC]
2023. 11[TBC]: Presentation on Final Results [TBC]
2023. 12[TBC]: Submission of Final Report [TBC]
4.5
Deliverable Items
The following items written in English should be submitted Numerical Schemes & Codes.
The interim report should be submitted online, and the Final Report and Numerical
Schemes & Codes should be delivered to KARI.
a) A softcopy of Interim Report that include: technical review and test results for the
satellite imagery-based crop yield prediction model (online submission)
b) Two (2) hard- and softcopies of Final Report that include: critical review of
existing methods, Algorithm Theoretical Basis Document (ATBD) for the final-
selected crop yield model, datasets/field conditions, results, and suggestions for
the system operationalization
c) Two (2) hard- and softcopies of Numerical Schemes and Codes with simulated
sample data developed for the project
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Annex A. Suggested Proposal
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Request for Proposal, Annex B
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1. Volume 1 : CAPABILITY AND EXPERIENCE
This volume shall describe contractor's introduction and technical capability. The facilities
and tools of the Bidder related to the development experience for satellite imagery-based
crop yield prediction and crop type classification should be included. Bidder shall describe
current or past work similar to this RFP, which is being implemented or has been done by
Bidder.
2. Volume 2 : TECHNICAL PROPOSAL
Bidder shall describe technical information, methodology, analysis, performance, and etc.
to comply with RFP requirements. Bidder shall describe this technical proposal with as
many illustrations as possible to make it clear.
3. Volume 3 : STATEMENT OF WORK PROPOSAL
Bidder shall submit Statement of Work proposal in this volume. In this volume, Bidder
shall describe work scope of the Bidder in detail including the respective plan.
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Procurement of Crop Yield Prediction Using Satellite Remote Sensing Techniques
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Annex B. Terms and Conditions
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Preamble
This Contract made on March _____, 2022 by and between Korea Aerospace Research Institute,
duly established and existing under the laws of the Republic of Korea, with its principal office at
169-84 Gwahak-ro, Yuseong-gu, Daejeon, 34133 Korea, hereinafter referred to as “KARI” and
______________, a company duly established and existing under the laws of the ____________,
with its principal office at ____________________________, hereinafter referred to as
“Contractor”,
Witnesseth
WHEREAS, KARI is undertaking the advanced project for the satellite data application;
WHEREAS, the main mission of the satellite data application project features promotion of the
satellite information application including the advancement of satellite utilization technology,
reinforcement of international cooperation system, and government policy support;
WHEAREAS, KARI would like to take the results of Crop Yield Prediction Using Satellite Remote
Sensing Techniques;
WHEAREAS, Contractor represents that it has direct knowledge and first-hand experience in the
area of satellite data application.
WHEREAS, Contractor is willing to provide KARI with technical consultation and technical data on
the terms and conditions as set forth in this Contract;
NOW THEREFORE, in consideration of the premises and the mutual covenants hereinafter
contained, KARI and Contractor have agreed as follows:
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Article 1. Definition
The terms defined in this Article shall have the same meaning described to them herein whenever
they are used in this Contract, unless otherwise clearly indicated by the context.
1.1
Associates means all individual or legal entities organized under public or private law, who
shall act, directly or indirectly, on behalf of KARI or Contractor, or at the direction of either
Party to this Contract to fulfill the obligations undertaken by such Party in this Contract, inc
luding, without limitation, the employees of each Party and their subcontractors.
1.2
Contract means this Contract for Procurement of Crop Yield Prediction Using Satellite Rem
ote Sensing Techniques including Appendices as attached hereto, and all amendments that
may be agreed to by the Parties in accordance with the terms and conditions of this Contra
ct.
1.3
Contractor means ___________________________________.
1.4
Contract Price means the amount of Contract. If there is any change in Contract Price due
to any reason, then the Contract Price means current total amount of contract.
1.5
Deliverable Items means interim report (softcopy), final report (two hardcopies) including
algorithm theoretical basis document (ATBD), and numerical schemes & Codes (two hard-
and softcopies) to be provided to KARI by Contractor under this Contract.
1.6
EDC means the Effective Date of the Contract in accordance with Article 16 “Effective Date
of this Contract”.
1.7
Events of Force Majeure means any act of God, war, whether or not declared, act or failur
e to act of any government in its sovereign capacity, export prohibition, fire, earthquake, fl
ood, epidemic, pandemic, quarantine, nuclear incident, or any other act beyond the reaso
nable control and without the fault of either party or its subcontractors.
1.8
KARI means Korea Aerospace Research Institute.
1.9
Satellite imagery means satellite data that is currently being used worldwide.
1.10
Simulated Sample Data means the output generated by using Contractor’s Design Tool or
Simulator in accordance with Appendix [B-1] “Technical Requirements”.
1.11
Third Party(ies) means any individual or legal entity other than the Associates or the
Parties
1.12
Work(s) means the delivery of Simulated Data and any other tasks to be performed by
Contractor as specified in Appendix [B-2] “Statement of Works”.
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Article 2. Contract Documents
2.1
This Contract shall comprise the following documents, as amended from time to time by
written agreement by and between both Parties:
[A] General Terms and Conditions
[B] Appendices
[B-1] Technical Requirements
[B-2] Statement of Works
2.2
In the event of any inconsistency or discrepancy between or among the Contract
documents as listed in Article 2.1 above, the Contract documents shall be applied in the
decreasing order of precedence.
2.3
In the event of any dispute or difference between the Parties in the interpretation of this
Contract as a result of the application of the Appendices as specified in Article 2.1,
Contractor's Proposal dated ____________ submitted to KARI in anticipation of this
Contract in response to KARI's Request for Proposal dated ____________ shall be used as
a reference document to identify and clarify the intention and understanding of the
Parties as contemplated in this Contract, and both Parties shall in good faith seek an
agreement or a compromise acceptable to both Parties without modifications to this
Contract.
Article 3. Objective
3.1
The objective of this Contract is to obtain the results of Crop Yield Prediction Using
Satellite Remote Sensing Techniques. To accomplish this objective, Contractor shall
perform all the Work under this Contract to KARI’s request.
Article 4. Scope of Services and Responsibilities of the Parties
4.1
Contractor shall perform and accomplish the scopes of Works as required under this
Contract.
4.2
Contractor shall provide as sufficient as engineering manpower for the timely completion
of the Works as set forth in Appendix [B-2] “Statement of Work”. In the event the Works
are not completed with manpower due to Contractor’s fault, Contractor shall provide any
additional manpower to accomplish its scope of Work without any additional cost to KARI.
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4.3
Contractor shall provide any technical data or technical information as may be needed for
KARI to understand the results of the Work without any additional charge to KARI.
4.4
Contractor shall complete the Works within the time frame and in the event any part of
the Contract may be extended, Contractor shall continue to provide all of the Works
without any additional charge to KARI. An extension of the Contractor’s Works shall be
agreed with both Parties on a mutual basis.
4.5
Responsibilities of KARI
4.5.1
KARI shall make a payment to Contractor subject to and in accordance with the accomplish
ment of each milestone.
4.5.2
To accomplish this Contract, KARI shall cooperate to Contractor in order for it to obtain an
y necessary government approvals, if necessary.
4.6
Responsibilities of Contractor
4.6.1
Contractor shall perform the Works under this Contract in a timely manner and for KARI’s
satisfaction in accordance with Appendix [B-2] “Statement of Work” and Contractor shall
deliver all Deliverable Items to KARI in a timely manner as required and defined under this
Contract.
4.6.2
Contractor shall provide any reasonable resources so that its personnel may accomplish
the Works as required under this Contract.
4.6.3
Contractor shall obtain any government approvals required to accompany and perform thi
s Contract without any charges to KARI.
Article 5. Contract Price
5.1
The Contract Price is _______________ Korean Won (KRW ____________) as a firm and fix
ed price that is not subject to any adjustment or revision by reason of the actual costs incu
rred by Contractor in the performance of the Work under this Contract and shall be compri
sed of the following items
Item
Q’ty(ies)
Price (Won)
Preliminary Report
Final Report
Numerical schemes & Codes
Total
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5.2
The Contract Price shall include the amount of any federal, state, or local taxes, funds and
stamps duties, fees, transfer taxes, levies and duties by any government and/or any politic
al subdivisions thereof as a result of this Contract but exclude customs duties for Deliverab
le Items and value added tax for Work under this Contract levied in Korea as specified in Ar
ticle 7 “Taxes”.
5.3
All banking charges incurred in Korea shall be borne by KARI, and those charges incurred o
utside Korea shall be borne by Contractor.
Article 6. Terms of Payment
6.1
KARI shall pay to Contractor Contract Price as stipulated in Article 5.1 in accordance with
the following schedule subject to the completion of each payment milestone:
No.
Payment Milestone
Payment
due date
Payment
(KRW)
Percentage of
Contract Price
1
Kick-off meeting
EDC+ [TBD]M
[TBD] %
2
Submission of Interim Report
[TBD]
EDC+ [TBD]M
[TBD] %
3
Presentation of Second year
Progress Plan [TBD]
EDC+ [TBD]M
[TBD] %
4
Delivery of Final Report and
Numerical schemes & Codes
[TBD]
EDC+ [TBD]M
[TBD] %
Total
100 %
* EDC means the Effective Date of this Contract in accordance with Article 16
“Effective Date of Contract”.
6.2
All invoices Contractor submits for payment shall be provided by electronic file (e-mail
address: stjeong@kari.re.kr for Dr. Seungtaek Jeong and hotaroo@kari.re.kr for Mr. Yo-Han
OH) and received by KARI at least thirty (30) days before the payment due dates as
specified in Article 6.1.
6.3
All payments shall be made in KRW by telegraphic transfer to the bank account as set forth
in the below, by the payment due dates as stipulated in Article 6.1, or not later than thirty
(30) days after KARI's receipt of Contractor's invoices whichever becomes later.
Description
Remarks
Contractor’s Name
Contractor’s Bank
IBAN
BIC:
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6.4
Notwithstanding any provisions of this Contract, if any requisites for payment as set forth
in Article 6.1 has not been accomplished until each payment due date for any reasons
attributable to Contractor, KARI may, with an advance notice, suspend all payments due
until KARI and Contractor agree that such delayed requisites for payment has been
accomplished.
6.5
In the event of KARI's suspension of payment under Article 6.4, Contractor shall
nevertheless continue to perform its obligations under this Contract regardless of whether
the existence of breach is disputed.
6.6
Whenever the payment due date falls on Saturday, Sunday, KARI’s non-business day or a
Korean legal holiday, the payment date shall be the following business day.
6.7
Any amounts due by Contractor to KARI, for any reason, under this Contract shall be paid
by Contractor within thirty (30) days from receipt of KARI’s invoice. Should KARI not
receive the said amounts within the thirty (30) days’ period, then KARI will send to
Contractor a written notice referencing KARI’s unpaid invoice. Should, in spite of such
notice, Contractor not make such payment, then such amounts may be deducted from any
payment that may be or become due to Contractor from KARI.
6.8
A prior written notice given by KARI accompanied with documents stating the amount due
to KARI referred to this Article 6.7 shall be prima facie evidence of the matters stated
herein.
Article 7. Taxes
7.1
Contractor shall be responsible for all taxes, duties, tariffs, fees, imposts, excise or other cu
stoms duties assessed upon Contractor by its taxing authority arising from or related to thi
s Contract.
7.2
If Korean corporation tax is required to be withheld from amounts paid or payable to Cont
ractor under this Contract (herein referred to as ‘Applicable Tax’), KARI shall withhold the
Applicable Tax and pay to the relevant Korean taxing authority on behalf of Contractor in a
ccordance with applicable Korean law and international tax treaty between Korea and Con
tractor’s government. In this case, KARI shall forward the certificate of the withheld Applic
able Tax to the Contractor within ninety (90) days of such payment.
7.3
The Contract Price shall be exclusive of Korean value added tax (“VAT”), if any. If VAT is ass
essed by Korean tax authority on this Contract Price, KARI shall be responsible for paying s
uch tax to Korean tax authority, and KARI shall provide Contractor with a VAT payment rec
eipt or any evident documents.
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7.4
KARI shall be responsible for customs duties and VAT on the Deliverable Items levied by Ko
rean tax authority in Korea .
Article 8. Performance Bond
8.1
Contractor shall provide KARI with a performance bond with one (1) week after EDC in fav
or of KARI in the value of ten percent (10 %) of the Contract Price, in the form of a bank gu
arantee or an irrevocable and unconditional standby letter of credit available by KARI’s dra
ft at sight
8.2
The entire amount covered by the performance bond shall be payable to KARI on demand
together with KARI’s written statement to the effect:
(a) that there was a default of the Contractor in the performance of the Contract (includin
g Subcontractor’s default under the Subcontract), or
(b) that any amount KARI is entitled to receive from Contractor has not been paid by Cont
ractor to KARI through any other means, or.
(c) that this Contract was terminated by Contractor’s breach as specified in Article 13.3.
8.4
The bank guarantee or the letter of credit shall be issued by first class international bank
acceptable to KARI. The bank guarantee or the letter of credit shall be drawn in favor of
KARI and advised through the Woori Bank (Daejeon Branch at 29, Munye-ro, Seo-gu,
Daejeon, 35241 Korea, Tel: +82-42-488-9704, Ext. 312 / Fax : +82-505-003-0759) and shall
remain valid until the end of this Contract. The bank guarantee or the letter of credit shall
not be amended, modified or canceled without KARI's prior written consent.
8.4
It is hereby agreed between the Parties that payment from the performance bond under t
his Article 8 shall not affect any other KARI's rights, privileges, interests or remedies under
this Contract or the applicable law.
Article 9. Intellectual Property
11.1
The Deliverable Item shall be the property of KARI upon delivery, and KARI shall have the
unlimited and world-wide right to sell, use, reproduce, modify, distribute, publish, transfer
and utilize Deliverable Item.
11.2
In the event that Third Party other than Contractor claims or threatens to claim
infringement by KARI with respect to such use of Deliverable Item, Contractor shall
defend, hold harmless, and indemnify KARI from such infringement claims, subject to the
following conditions set forth in Article 11.5 herein.
11.3
Contractor shall pay the reasonable costs and damages awarded against the KARI in an
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action brought by Third Party by reason of an infringement of an Intellectual Property
Right of such Third Party provided that:
(a) KARI shall promptly notify Contractor in writing of such action;
(b) Contractor shall have the exclusive conduct of the defense of such action and all
negotiations for its settlement or compromise;
(c) KARI shall give Contractor reasonable and necessary information and assistance
requested by Contractor in the defense of such action; and
(d) KARI shall not make any admissions which may be prejudicial to the defense or
settlement of any claim.
Article 10. Delays in Performance
10.1
Excusable Delay
10.1.1 Neither Party shall be responsible to the other Party for any delay in performing its obligati
ons under this Contract due to any Events of Force Majeure.
10.1.2 The Party whose performance of obligations hereunder has been affected by any Events of
Force Majeure shall notify the other Party within ten (10) days thereafter by sending a det
ailed statement and sufficient evidence with respect thereto, and promptly of any subsequ
ent change in the circumstances, if any. The affected Party shall exercise its best efforts un
der the circumstances to remove or remedy the Events of Force Majeure and the effects th
ereof and resume full performance hereof as soon as possible.
10.1.3 Notwithstanding Article 10.1.1 hereof, any such delay that has not been notified to the oth
er Party pursuant to Article 10.1.2 hereof shall not be excused for any reason whatsoever.
10.1.4 The Party who has received or is entitled to duly receive the notice of Events of Force Maje
ure under Article 10.1.2 hereof may suspend performance of its obligations, which shall be
due subsequent to such Events of Force Majeure, until the other Party has effected such d
elayed performance to the full extent after and in view of such Events of Force Majeure.
10.2
Non-Excusable Delay
10.2.1 In the event that, unless otherwise excused by virtue of this Contract or the governing or a
pplicable law, Contactor delays the provision or delivery of the Deliverable Items as stipula
ted under this Contract, or performance of its other obligations under this Contract, Contr
actor shall pay for damages to KARI as a result of such delay to the extent as described in 1
0.2.2 below.
10.2.2 Contractor acknowledges and agrees that the timely provision or delivery of Deliverable
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Items as stipulated under this Contract or its performance of other obligations under this
Contract is essential to KARI, and that such delay as provided for in Article 10.2.1 hereof
may cause substantial financial loss or damage to KARI’s rights, interests, privileges and
benefits, which may not be assessable or recoverable. Both Parties therefore specifically
agree that in the event of such loss or damage, Contractor shall pay KARI, as liquidated
damages, at the rate of zero point one two five percent (0.125%) of the Contract Price per
day of such delay regarding the final report. In no case, however, shall the aggregate
accumulated liquidated damages under this Contract for the delayed Deliverable Item
exceed thirty percent (30%) of the Contract Price; provided, however, that if the liquidated
damages calculated by the aggregated number of days of delay under this Article,
excluding those days of delay excused by KARI in writing, exceed ten percent (10%) of the
Contract Price, KARI may terminate this Contract for Contractor’s breach pursuant to
Article 13.3. Notwithstanding the foregoing sentence, if KARI makes a decision to maintain
this Contract instead of termination, the liquidated damages shall continually be imposed
up to thirty percent (30%) of the Contract Price and, on KARI’s written request, Contractor
shall establish the additional performance bond with the amount corresponding to the
liquidated damages, accordingly.
10.2.3 Except for matters of delay, this Article shall not affect other remedies, rights, privileges, in
terests, benefits of KARI under this Contract or the governing or applicable law. Contractor
agrees that any right of KARI under this Article is not an alternative or substitute to other r
emedies, rights, privileges, or interests of KARI, and that Contractor’s correction of such de
fect or non-conformity under this Article does not relieve Contractor from any liability to K
ARI which may arise under this Contract other governing or applicable law as a result of su
ch defect or non-conformity.
10.2.4 For the purpose of this Article, any action or omission of Contractor’s subcontractor, agen
t, or servant, de facto or de jure, shall be deemed to be Contractor’s own.
Article 11. Delivery
11.1
Contractor shall deliver the Deliverable Items DDP
KARI
in accordance with the defined
schedule of works and deliverable items as set forth in Article Appendix [B-2] “Statement
of Work”.
11.2
Contractor shall bear any charges or costs of whatsoever nature that are incurred in
relation to such delivery or provision until such delivery or provision is duly made under
this Contract.
11.3
Contractor agrees that delivery or provision of time and place under this Contract, whether
specifically provided for or not, or in subsequent amendments thereto, are of the essence
of this Contract.
11.4
Contractor shall be responsible for all applicable taxes imposed outside Korea including any
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customs duties and charges of any nature levied on Deliverable Items as well as any
charges associated with the air and the inland transportation.
11.5
To obtain import certificate, Contractor shall notify KARI by telefax or e-mail ten (10)
calendar days prior to each shipment with one (1) set of commercial invoice and packing
list specifying the number of boxes, name of Items, unit price, and size and volume of each
container or box to be shipped. As soon as each shipment as provided for in this Article
is made, Contractor shall send in care of ship's master two (2) copies each of the
following shipping documents to KARI.
(a) Airway bill or Clean on board bill of lading,
(b) Commercial invoice (including the Contractor’s authorization no.),
(c) Packing list,
(d) Export license (if necessary),
(e) Certificate of Origin, and
(f) Quality Assurance Certificate.
Article 12. Confidentiality
12.1
Except as a Party's authorized representative may otherwise consent in writing, neither
Party shall disclose at any time to Third Party any technical information, data and the
Results of this Contract that were disclosed to such Party by the other Party in connection
with this Contract except for the purpose of performing this Contract. The foregoing
obligation shall not be applicable to any technical information and data that such Party can
establish was already in or comes into such Party's lawful possession independent of
disclosures in connection with this Contract.
12.2
Any information derived from KARI’s property in connection with this Contract, shall be
kept secret and confidential and shall not, without the consent in writing of an authorized
officer of KARI, be published or disclosed to any Third Party, or made use of by Contractor,
except for the purpose of implementing this Contract.
Article 13. Termination
13.1
In the event that the excusable delay under Article 10 “Delays in Performance” exceeds
three (3) months for any single Events of Force Majeure or six (6) months in the aggregate
for all Events of Force Majeure, KARI, at its sole discretion, may declare frustration of this
Contract, and terminate the whole or any part of this Contract by sending a seven (7) days'
prior notice to the Contractor.
13.2
In the event that the Contract is terminated for Events of Force Majeure, Contractor shall
be entitled to the payments received and payments due as of the date of termination, in
which case Contractor shall return fifty percent (50%) of the amount paid by KARI under
this Contract. KARI shall keep the Deliverable Items as of the date of termination. And,
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Contractor shall return all of the KARI furnished items in its original configuration, if any.
13.3
KARI may, by thirty (30) days prior written notice to the Contractor, terminate the whole o
r any part of the Contract as Contractor’s breach, if any of the following circumstances occ
urs:
a) Contractor fails to deliver any Deliverable Items under the Contract in accordance wit
h the delivery schedule; or
b) Contractor fails to perform any Work under the Contract or fails to progress with the
Work in accordance with the terms of the Contract.
If Contractor may cure the matter in question within thirty (30) days after the receipt of K
ARI’s notice, the KARI’s notice for the termination will be voided.
13.4
In the event this Contract is terminated by Article 13.3 above, the Contractor shall return a
ll the amounts paid by KARI under the Contract and also pay the entire amount covered by
the performance bond as a termination charge to KARI. KARI shall return all Deliverable Ite
m to Contractor, if any.
13.5
Either Party may terminate this Contract anytime upon or after due dispatch of notice of s
uch effect, without any other conditions, in the event that the other Party falls within any
of the following categories:
a) the other Party has fallen bankrupt or insolvent;
b) the other Party has passed a resolution for its reorganization (bankruptcy-related), dis
solution, liquidation or winding-up; or
c) a court order for proceedings for the bankruptcy, reorganization (bankruptcy-related),
dissolution or winding-up of the other Party has been applied for by any person and s
uch application has not been dismissed within sixty (60) days.
13.6
In the event this Contract is terminated by Article 13.5 above, each Party shall effect the re
stitution to the other Party of whatever is provided, delivered, or paid to it in the same ma
nner and type as such provision, delivery or payment was made.
13.7
KARI may terminate this Contract, in whole or in part, at any time for its convenience, upo
n reasonable prior written notice to Contractor. In case of termination for convenience by
KARI, the KARI will reimburse the Contractor with the cost incurred up until the end of the
Contract, including relevant profit, which shall not exceed the Contract Price and Contract
or shall provide KARI with the Results of Work as of the date of termination and the eviden
t document for the cost.
Article 14. Warranty
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14.1
Contractor shall represent and warrant to KARI that:
a) Contractor shall provide the Works in a timely and an efficient manner and in
accordance with generally accepted engineering standards and practices;
b) Each of its employees who are providing the Technical Consultation for the Works shall
be qualified and sufficiently experienced for such service that he or she is providing so
that such service is provided competently, professionally and efficiently;
c) Contractor shall have good title to all design, engineering or technical data or
documents, and all material, equipment or items provided to KARI, including, but not
limited to, the Deliverable Item, free from any and all claims, demands, liens and
encumbrances on title; and
d) All Delivered Reports and Data provided by Contractor shall be free from any
infringement or action by Third Parties.
14.2
The aforementioned subsections 14.1.a) and 14.1.b) shall be controlled within the frame
of Article 10 “Delays in Performance” and Article 13 “Termination” and the
aforementioned subsections 14.1.c) and 14.1.d) shall be controlled within the frame of
Article 9 “Intellectual Property”.
14.3
Warranty Period hereof shall be twelve (12) months from the date of delivery in
accordance with the Article 11.
Article 15. Resolution of Disputes and Governing Law
15.1
In cases any controversy or claim arises out of or in relation to this Contract or with respec
t to a breach hereof, the Parties shall seek to resolve the matter amicably through discussi
ons between themselves. In the event of any disagreement between KARI and Contractor
about the interpretation of the provisions or definitions used in this Contract, the interpret
ation of KARI shall govern until and unless otherwise decided by arbitration conducted pur
suant to the following provisions. Parties are obliged to seek decision by arbitration as soo
n as possible.
15.2
If the Parties cannot resolve such controversy or claim in accordance with Article 15.1 abov
e, it shall be finally settled by arbitration in Seoul, Korea, and in accordance with the rules
of the Korean Commercial Arbitration Board. The proceedings shall be conducted in Englis
h. The award rendered by the board shall be final and binding on the Parties and may be e
ntered in any court of competent jurisdiction for execution.
15.3
The validity, performance and effect of this Contract shall be governed by the laws of
Korea.
Article 16. Effective Date of this Contract
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16.1
The effective date of this Contract ("EDC") is the date on which the duly authorized repre
sentatives of the Parties have signed this Contract;
16.2
Any amendment to this Contract shall be effective upon signature by the authorized repr
esentatives of both Parties.
Article 17. Notices
17.1
All notices, requests, demands, approvals, reports, invoices, and other correspondence to
be provided pursuant to this Contract shall be in writing and shall be deemed to have bee
n duly given to the party to be notified: (i) on the date of delivery if delivered in person, (i
i) on the date of dispatch if by facsimile or telex, or (iii) on the date of receipt if by registe
red airmail or overnight courier.
All notices shall be addressed to the appropriate party at its address as follows:
If to KARI : Korea Aerospace Research Institute (KARI)
169-84 Gwahak-ro, Yuseong-gu,
Daejeon, 34133, Korea
Technical Issue :
Commercial Issue :
Dr. Seungtaek Jeong
Satellite Application Division
Tel.: +82-42-879-4433
Fax: +82-42-870-3909
E-mail: stjeong@kari.re.kr
Mr. Yo-Han OH
Procurement Team
Tel.: +82-42-860-2613
Fax: +82-42-860-2666
E-mail: hotaroo@kari.re.kr
If to Contractor : (Address)
Technical Issue :
Commercial Issue :
Tel.: TBD
Fax: TBD
E-mail: TBD
Tel.: TBD
Fax: TBD
E-mail: TBD
17.2
Each Party may change its address for notice by notice given to the other Party in the ma
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nner set forth above.
17.3
Notices given as herein provided shall be considered effective seven (7) days after the reg
istered postage pre-paid airmailing thereof the day of actual receipt thereof, whichever o
ccurs first, or on the day of personal delivery, or the day of sending if by facsimile.
Article 18. Legal Compliance and Governmental Authorizations
18.1
Contractor and its employees shall comply with all applicable legal requirements of any
place in which any part of the Work under this Contract is to be done and with the legal
requirements of public, municipal and other authorities in any way affecting or applicable
to any Work performed by Contractor and its employees.
18.2
Unless otherwise provided for herein, Contractor shall, at its own expense, obtain any
permits, licenses, approvals or certificates including any other requirements necessary for
the export of Deliverable Item and for the performance of the Work under the Contract.
Contractor shall perform the Work in accordance with the conditions of any applicable
permits or licenses, approvals or certificates.
18.3
No Party shall be responsible in any way for direct or indirect consequences of any violation
of law by the other Party, its Subcontractors or their officers, employees, agents or
servants.
18.4
Contractor shall be responsible for obtaining all non-Korean governmental authorizations
necessary for the performance of the Contractor’s obligations hereunder in a timely
manner.
Article 19. Miscellaneous
19.1
Assignability
This Contract and each and every covenant, term and condition hereof shall be binding up
on and injure to the benefit of the Parties and their respective successors, and neither this
Contract nor any rights and obligations hereunder shall be assignable or delegable directly
or indirectly by any Party without the prior written consent of the other Party.
19.2
Entire Agreement
This Contract embodies the entire agreements of the Parties with respect to the subject m
atter hereof and supersedes and cancels any and all prior understandings or agreements,
oral or written, in relation hereto, which may exist between the Parties. No oral explanatio
n or oral information by any of the Parties shall alter the meaning or interpretation of this
Contract.
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19.3
Unenforceable Terms
If any terms or provision of this Contract shall for any reason be invalid, illegal or unenforc
eable in any respect, this Contract shall remain valid and effective. Parties shall replace the
terms or provisions in question by such terms or provisions which are similar to the invalid
ones, but which are effective.
19.4
Non-waiver
The failure or delay of any Party to require performance by the other Party of any provisio
n of, or of any right or obligation under, this Contract, shall not constitute a waiver thereo
f, nor shall such affect that Party’s right to thereafter require performance of such or any o
ther provision, right or obligation.
19.5
Disclaimer of Agency
This Contract shall not be deemed to constitute any Party the agent of the other Party.
19.6
Headings
The headings in this Contract have been inserted for convenience of reference only and ar
e not to be used in consulting or interpreting this Contract.
19.7
Time Limits
Unless otherwise indicated, any time limits to which this Contract binds Contractor or KARI
shall be counted in calendar days from the day following that of the event marking the sta
rt of the time limit, and shall end on the last day of the period specified. When the last day
of a time limit is a Saturday or Sunday, or a legal holiday in the country in which the partic
ular contractual performance is required, such time limit shall be extended to the first wor
king day following.
19.8
Language and Unit
This Contract shall be executed in English and all documents, drawings, plans and other wr
itings as well as communications between both Parties shall be in English. And measureme
nts and quantities for deliverable documentation shall be recorded in units of metric syste
m.
19.9
Changes
In the event that any changes during the performance of this Contract, within the general
scope of this Contract, which add or delete Work, change the method of Work or adjust th
e Contract period are requested by either Party, both Parties shall discuss such a matter a
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nd reach an agreement within ten (10) days from the receipt of the request. In the event t
he both Parties reach an agreement on any changes requested by either Party in due time,
then this Contract shall be amended, otherwise this Contract shall be performed as uncha
nged.
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IN WITNESS WHEREOF, the Parties have caused this Contract to be executed by their respective du
ly authorized representatives as of the date first above set forth.
Korea Aerospace Research Institute
TBD
By : ______________________
Name : Dr. Sang-Ryool LEE
Title : President
Date :
By : ______________________
Name : TBD
Title : TBD
Date :
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Appendix B-1. Technical Requirement
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Appendix B-2. Statement of Work
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The End of Documents.
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