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.
Request for Proposal
Procurement of the Satellite EMC Test Equipment
for Lightning Induced Transient Susceptibility Test
2017. 7. 13
Space Test Department
Korea Aerospace Research Institute
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 is intentionally left as blank.”
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.
Table of Contents
General Instruction to Bidders ....................................................................................................................... 1
1. Introduction ......................................................................................................................................... 3
2. Qualification of Bidder ........................................................................................................................ 3
3. Bid Closing Date ................................................................................................................................. 4
4. Submission of Proposal ....................................................................................................................... 4
5. Bid Schedule ....................................................................................................................................... 5
6. Validity of Proposal ............................................................................................................................. 5
7. Price Requirements ............................................................................................................................. 5
8. Bid Bond ............................................................................................................................................. 6
9. Questions and Modifications ............................................................................................................... 6
10. No Contractual Obligation ................................................................................................................ 7
11. Acceptance and Rejection of Bids ..................................................................................................... 7
12. Withdrawal of Proposal ..................................................................................................................... 7
13. Evaluation of Proposal ...................................................................................................................... 7
14. Contract ............................................................................................................................................. 8
15. Language and Measurement Unit ...................................................................................................... 8
16. Certificate and Government Approvals ............................................................................................. 8
17. Confidentiality ................................................................................................................................... 8
18. Property of Proposal .......................................................................................................................... 9
19. Expenses ............................................................................................................................................ 9
20. Governing Law .................................................................................................................................. 9
21. Arbitration ......................................................................................................................................... 9
Appendix A. General Terms and Conditions ............................................................................................... 11
Preamble ....................................................................................................................................................13
Article 1. Definitions ...............................................................................................................................14
Article 2. Contract Documents ................................................................................................................15
Article 3. Scope of Works .......................................................................................................................15
Article 4. Contract Price ..........................................................................................................................15
Article 5. Terms of Payment ...................................................................................................................16
Article 6. Taxes .......................................................................................................................................16
Article 7. Performance Bond ...................................................................................................................17
Article 8. Delivery ...................................................................................................................................17
Article 9. Delays in Performance ............................................................................................................18
Article 10. Inspection and Acceptance ..................................................................................................19
Article 11. Representations and Warranties ...........................................................................................20
Article 12. Legal Compliance and Governmental Authorizations .........................................................21
Article 13. Non-Transfer and Use Assurances .......................................................................................21
Article 14. License and Ownership of Data and Information ................................................................21
Article 15. Suits for Infringement ..........................................................................................................22
Article 16. Confidentiality .....................................................................................................................22
Article 17. Effectiveness of Contract .....................................................................................................23
Article 18. Termination ..........................................................................................................................23
Article 19. Resolution of Disputes and Governing Law ........................................................................23
Article 20. Notice ..................................................................................................................................24
Article 21. Miscellaneous ......................................................................................................................24
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.
Appendix B. Technical Specification & Statement of Work .......................................................................................27
Technical Specification .............................................................................................................................29
Statement of Work .....................................................................................................................................36
1. Overview ........................................................................................................................................36
2. Procedures of the Work ..................................................................................................................36
3. Scope of Work ................................................................................................................................36
4. Work Schedule ...............................................................................................................................36
5. Quality Warranty ............................................................................................................................36
6. Training ..........................................................................................................................................37
7. Delivery and Installation ................................................................................................................37
8. Documents for Submission in Delivery .........................................................................................37
Page 1
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.
General Instruction to Bidders
Page 2
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 is intentionally left as blank.”
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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.
1. Introduction
Korea Aerospace Research Institute (KARI) is a government funded research institute, engaged
not only in developing aerospace-related technologies, but also in supporting a national aerospace
development policy.
KARI has a satellite assembly, integration and test center (hereinafter referred to as “AITC”) for joint
use by corporations and research institutes for the purpose of the effective development of domestic
satellites. And basic facilities and equipment for satellite assembly and test have been supplied, installed
and used.
KARI is desirous of procurement of the Satellite EMC Test Equipment for Lightning Induced
Transient Susceptibility Test.
The purpose of this procurement is to install waveform generators set including generators, attenuator
boxes, transformers, probes and extend modules, etc. to perform all test items defined in DO-160G
section 22 (detailed requirements are defined Appendix B) and MIL-STD-461G CS117. These
equipment will be installed in the medium EMC chamber (TH-4) in KARI site.
The main undertakings of this procurement are to perform factory and site acceptance tests, install,
guarantee quality and training, etc. The Bidders shall submit the business showings of the installing the
Test Equipment for Lightning Induced Transient Susceptibility. All the descriptions in this RFP are
minimum requirements and the supplier can suggest the better one to improve the overall performance
and cost. But in this case, the Proposal should clearly indicate the improvements from KARI’s
requirements.
This RFP (Request for Proposal) explains the procedures to be taken by the Bidders seeking to
respond to the RFP.
This RFP also details the requirements and terms and conditions for the procurement of the Satellite
EMC Test Equipment for Lightning Induced Transient Susceptibility Test. This RFP consists of the
following documents;
(1) General Instruction to Bidders
(2) Appendix A. General Terms and Conditions
(3) Appendix B. Technical Specifications and Statement of Work
Bidders are requested to submit the Proposal in accordance with the guidelines and instructions as
contained in the RFP.
Bidders’ Proposals shall include all data and/or information as requested by this RFP and all
attachments hereto. All information contained in this RFP shall be treated as proprietary and
confidential.
2. Qualification of Bidder
Bidder’s qualification for this bidding is as follows;
(1) Bidders should have the history of manufacturing and delivery of the waveform generators set for
lightning induced transient susceptibility test.
(2) Bidders should show their experience of installation, operation, arranging, integration of waveform
generators set for lightning induced transient susceptibility test to be installed in EMC test facility
※
The qualification of the Bidder is at KARI’s own discretion.
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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.
3. Bid Closing Date
Proposal is due July 24, 2017 at 15:00PM. If any part of the Proposal as required under this RFP is
submitted after the stipulated closing time as above, the entire Proposal will not be accepted.
4. Submission of Proposal
The Proposal shall be hand-carried or sent via appropriate courier service to the following address :
Attn. : Mr. Won-Suk LEE
Procurement Team
Korea Aerospace Research Institute
169-84 Gwahak-ro, Yuseong-gu,
Daejeon 34133, Korea
Tel : +82-42-860-2406
Fax : +82-42-860-2666
e-mail : wsl@kari.re.kr
Please use the following name and address for all correspondence with KARI concerning this RFP.
Correspondence for Contractual Matters :
Attn. : Mr. Won-Suk LEE
Procurement Team
Korea Aerospace Research Institute
169-84 Gwahak-ro, Yuseong-gu
Daejeon 34133, Korea
Tel : +82-42-860-2406
Fax : +82-42-860-2666
e-mail : wsl@kari.re.kr
Correspondence for Technical Matters :
Attn. : Mr. Jae Woong JANG
Space Test Department
Korea Aerospace Research Institute
169-84 Gwahak-ro, Yuseong-gu
Daejeon 34133, Korea
Tel : +82-42-860-2977
Fax : +82-42-860-2234
e-mail : jjw0302@kari.re.kr
Bidder shall specify in its Proposal, its single point of contact for KARI to communicate in conjunction
with the RFP, Proposal, subsequent evaluation, etc. Bidder’s information on the point of contact shall
include the name, title/position, telephone no., facsimile no., and e-mail address.
Bidders are strictly requested to submit Proposals to KARI as follows :
(1) Technical Proposal (including the commercial part) : one (1) original and five (5) copies
(2) Price Proposal : one (1) original
※
The Price Proposal shall be sealed and be submitted in a separate envelope.
※
Two (2) sets of Electronic files (preferably in PDF format) of the Proposal shall be additionally
submitted in the form of CD-ROM or memory stick.
The Technical Proposal consists of two (2) Volumes as follows;
(1) Volume 1 : Heritage and Experience
(2) Volume 2 : Technical Part
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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.
And Price Proposal is specified as the Volume 3
In the Volume 1, the Bidders shall describe following contents;
(1) Company general information such as organization, financial status, etc.,
(2) The heritages of manufacturing and delivery of the Satellite EMC Test Equipment for Lightning
Induced Transient Susceptibility Test,
(3) The specialized knowledge and technology on the Satellite EMC Test Equipment for Lightning
Induced Transient Susceptibility Test,
(4) The information of the point of contact including the name, the title, telephone number, fax number,
and e-mail address, and
(5) Export license statement for the Satellite EMC Test Equipment for Lightning Induced Transient
Susceptibility Test.
In the Volume 2, the Bidders shall include the descriptions for the main terminologies and basic
construction of the Volume 2 is as follows;
(1) Review and opinion about the specifications requirements indicated by KARI,
(2) The detailed description of functions and specifications,
(3) Qualification of each part, materials, and equipment,
(4) Qualification Management,
(5) Delivery plan of items and installation plan,
(6) Detailed contents and time schedule of pre-acceptance test and final acceptance test,
(7) Detailed method of quality warranty and performance
(8) Contents & plan of quality warranty
(9) Training plan for operation and maintenance
(10) Contents of technical support, and warranty and maintenance plan
In the Volume 3, the Bidders shall provide total bid value with the itemized price list and the price of the
system shall be broken down.
5. Bid Schedule
The following schedule is a tentative milestone for the eventual Contract and may be changed at KARI’s
sole discretion:
(1) RFP Release: T0
(2) Bid Closing Date: T1 = T0 + 15 Days
(3) Review of Proposal, Q&A, Evaluation and Expected Date of Contract : T2 = T1 + 1 Week
6. Validity of Proposal
Proposal shall be valid for three (3) months from the Bid Closing Date. It can be extended up to six (6)
months with KARI’s written notice.
7. Price Requirements
The price or rate proposed by Bidder shall be Firm and Fixed Price that is not subject to any price
escalation, price change or increase of actual costs during the Contract period.
Any kinds of taxes and duties arising in connection with Bidder’s work under the eventual Contract shall
be Bidder’s responsibility, except for the customs duties and VAT levied in Korea and the price shall be
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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.
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.
The currency quoted in the Price Proposal shall be expressed in CHF 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.
And, the currency of the Contract could be Contractor’s national currency within the CHF 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.
8. Bid Bond
Bidder shall establish a bid bond in favor of KARI no later than the Bid Closing Date and submit a
certificate to KARI along with its Proposal. The total amount of the bid bond shall be at least five
percent (5%) of the total bid value. The bond shall remain valid for three (3) months after the Bid
Closing Date. The bid bond shall be in the form of a surety bond issued by the Seoul Guarantee
Insurance Company or in the form of cash, bank guarantee, an irrevocable standby letter of credit
established by first class bank and advised to KARI through "Woori bank" (Daejeon Branch at
Moonye-ro 29, Dunsan-dong, Seo-gu, Daejeon, 35241 Korea, Tel.: +82-42-488-9704, Ext. 312 / Fax :
+82-505-003-6200 / e-mail : 30904455@wooribank.com). The bond shall be available by KARI’s
request on the Seoul Guarantee Insurance Company or by KARI’s draft at sight drawn on the bank,
accompanied by the statement of KARI stating that;
(a) Bidder has refused to enter into a Contract with the terms and conditions in the Request for Proposal,
if any,
(b) Bidder has hindered the fair bidding by fraud or misrepresentation, or
(c) Bidder has withdrawn its Proposal after the Bid Closing Date.
The bid bond shall contain the substantial part of the terms and conditions of the bond, date of
establishment, account, amount, payment terms, and date of expiry, etc. When the Contract is executed
with Successful Bidder, the bid bond of Successful Bidder shall be amended to the performance bond of
ten percent (10%) of the total Contract Price under the Contract as part thereof in accordance with the
terms and conditions of the Contract.
The bid bonds except for that of the Successful Bidder will be released, upon the instructions of KARI,
to unsuccessful Bidders, without interest, promptly after execution of the Contract between KARI and
Successful Bidder. The bid bond of the Successful Bidder shall be likewise released only when KARI
decides not to enter into a Contract after the selection of the Successful Bidder.
The bid bond is a critical requirement by Korean government regulation. Therefore, if any Bidder does
not submit the bid bond then, such Bidder will be disqualified.
9. Questions and Modifications
Any questions as to the intent and clarity of the RFP may be submitted in writing to KARI’s designees
as specified in Section 4 “Submission of Proposal” by e-mail, fax or letter no later than five (5) days
before the Bid Closing Date.
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.
KARI may ask each 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
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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.
Contract. KARI may also ask each Bidder to submit and supply additional information or documents
necessary for evaluation of the Proposal.
10. No Contractual Obligation
This RFP shall not be interpreted as an offer for a Contract or any type of guarantee by KARI. It is
KARI's sole discretion whether or not to allow the Contract award to any Bidder. KARI owes no
responsibility or obligation to select the Contractor among Bidders.
This solicitation for the Proposal shall neither be construed to create an obligation on KARI to enter into
a contractual instrument, nor shall it serve as a basis for any claim for reimbursement of costs for the
effort to prepare, submit, amend, revise or supplement the Proposal, and other related documents
expended by the Bidder regardless of whether or not the Bidder is successful in receiving an award as a
result of the solicitation.
11. Acceptance and Rejection of Bids
KARI reserves the right to reject any or all Proposal(s), to amend or reject the bidding process at any
time prior to the award of the Contract without thereby incurring any liability to the affected Bidder(s),
and KARI is not under any obligation to inform the affected Bidder(s) of the ground for its action.
12. 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.
13. Evaluation of Proposal
The evaluation of the Proposals will be made by the KARI evaluation committee and the
following evaluation process is for information only. The evaluation committee reserves the right
to modify the evaluation process and criteria without any prior notification to Bidders.
During the Bid evaluation, KARI may send to Bidders a set of questions for clarification and request any
supplement to the Proposals and the evaluation will be made based on the Proposal, the answers and the
supplement received from Bidders.
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 Successful Bidder.
The table 3 represents the evaluation factors and score for the technical part.
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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.
Table 3. Itemized list for technical evaluation.
Major Classification
Detailed Classification
Bidder’s General
Information (20)
- Company General Information
- History of delivery of Satellite EMC Test Equipment for Lightning
Induced Transient Susceptibility Test
Performance &
Specification (30)
- Performance Capability of Requirements
- Performance of Satellite EMC Test Equipment for Lightning Induced
Transient Susceptibility Test
- Satisfaction of major specification
Manufacturing &
Installation (15)
- Quality of Materials, Parts, Equipment, etc.
- Quality Management Plan
- Installation Plan
- Delivery Plan for the Material, Equipment, Spare Parts
Inspection &
Acceptance Test (25)
- Detailed contents and time schedule of pre-acceptance test and final
acceptance test
- Detailed method of quality warranty and performance
- Contents & plan of quality warranty
- Supporting method and master plan for the Satellite EMC Test
Equipment operation and maintenance
Technical Support &
Capability of Quality
Warranty (10)
- Contents of Technical Support
- Operation Training for End Users
- Capability of Quality Warranty and Maintenance
14. Contract
The Contract will be effective subject to the KARI's approval thereof and the Appendix A “General
Terms and Conditions” of this RFP is the Contract with the Successful Bidder.
15. Language and Measurement Unit
The Proposal, any documents submitted to KARI under the RFP, communication and the Contract shall
be in English and measurements and quantities shall be in International System of Units.
16. Certificate and Government Approvals
Bidder shall receive any government approval and certificates (e.g. export licenses) in relevant countries
necessary for Bidder's work for the RFP.
17. Confidentiality
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.
All elements of the RFP shall be kept confidential, and shall not be intentionally disclosed by Bidder to
third parties. All documentation submitted in response to this RFP shall be marked
"COMMERCIALS-IN-CONFIDENCE" on the first page of each document.
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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.
All elements of the Proposal will be kept confidential, and will not be intentionally disclosed by KARI
to third parties unless necessary to fulfill the objectives of the RFP.
18. Property of Proposal
All documents submitted in response to the RFP shall become the property of KARI and will be retained
by KARI.
19. Expenses
Expenses incurred by Bidder in connection with the preparation, submittal, and any subsequent
clarification of Proposal are for their own account and will not be reimbursed by KARI.
20. Governing Law
This RFP and the Contract shall be construed in accordance with and governed by the laws of the
Republic of Korea.
21. 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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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 is intentionally left as blank.”
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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.
Appendix A. General Terms and Conditions
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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 is intentionally left as blank.”
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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.
Preamble
This Contract made and entered into this on August , 2017 by and between Korea Aerospace
Research Institute (“KARI”), a Korean Government-funded research institution, established and operating
under the laws of the Republic of Korea, with its principal office at 169-84 Gwahak-ro, Yuseong-gu, Daejeon,
34133 Korea, and [Name of Contractor] (“Contractor”) established under the law of [Nationality] with its
principal office at [Address].
Witnesseth
WHEREAS, KARI has undertaken the task of establishment of Satellite EMC Test Equipment.
WHEREAS, KARI would like to procure the Satellite EMC Test Equipment for Lightning Induced Transient
Susceptibility Test and desires Contractor to provide the Satellite EMC Test Equipment including technical
data, technical support and service as needed; and
WHEREAS, Contractor is willing to provide KARI with the Satellite EMC Test Equipment and necessary
Services on the terms and conditions as set forth in this Contract;
NOW, THEREFORE, in consideration of the mutual covenants and premises, both Parties hereto have
agreed to the following:
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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.
Article 1.
Definitions
The terms defined in this Article shall have the meaning described to them herein whenever they are used in
this Contract, unless otherwise clearly indicated by the context.
1.1 “Associates” mean 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, including, without
limitation, the employees of each Party, their suppliers and Subcontractors.
1.2 “Contract” means this Contract for the procurement of Satellite EMC Test Equipment for Lightning
Induced Transient Susceptibility Test, 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 Contract.
1.3 “Contractor” means [Name of Contractor] as a Party to the Contract.
1.4 “Deliverable Data” means all information required to be delivered by Contractor, at its expense, to
KARI under this Contract including, without limitation, data, information, reports, manual,
documents, diagrams, drawings as well as graphs related to the Plate Roll Bending Machine.
1.5 “Deliverable Items” means the Satellite EMC Test Equipment for Lightning Induced Transient
Susceptibility Test, software, rack and Deliverable Data that Contractor shall deliver to KARI under
this Contract and any materials that Contractor may deliver to KARI on KARI’s request, including
any additional data, information and spare parts, in the course of the provision of the Satellite EMC
Test Equipment for Lightning Induced Transient Susceptibility Test.
1.6 “EDC” or “Effective Date of the Contract” means the date identified in Article 17 “Effectiveness
of Contract”.
1.7 “Force Majeure” means any act of God, war, act or failure to act of any government in its sovereign
capacity, fire, flood, earthquake, strike, epidemic, quarantine, embargo, nuclear incident, or any
other event, unforeseeable and beyond the reasonable control without any fault by the Party or its
Subcontractors relying upon the Force Majeure.
1.8 “KARI” means Korea Aerospace Research Institute as a Party to the Contract.
1.9 “KARI Furnished Item” means measurement equipment such as oscilloscope, RF cables, AC
power of single phase 220V, which KARI shall provide to Contractor for the final acceptance tests at
the site designated by KARI.
1.10 “Party” or “Parties” means KARI or Contractor, or both, in accordance with the context.
1.11 “Satellite EMC Test Equipment for Lightning Induced Transient Susceptibility Test” means
test to represent the induced effects of lightning to satellite units.
1.12 “Services” means all professional services and labor required to be provided including, without
limitation, design, development, manufacture, research, analysis, integration, training, transportation,
installation, test, and warranty.
1.13 “Subcontract” means any subcontract, including purchase orders and all similar forms of
agreements at any tier under this Contract.
1.14 “Subcontractor” means a contractor under any Subcontract, including suppliers and vendors.
1.15 “Third Party” means any individual or legal entity other than the Parties and the Associates.
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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.
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) PART 1: General Terms and Conditions
b) PART 2: Technical Specifications and Statement of Work
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.
Article 3.
Scope of Works
3.1
In accordance with the requirements and scopes of work as set forth in this Contract including PART
2 thereto, Contractor shall provide the Deliverable Items.
3.2
Contractor shall, without any additional charge to KARI, provide KARI with such technical data,
documentation and information as may be reasonably required by KARI to understand the output of
the Contractor’s work hereunder. Provided, however, that the Contractor has the right to refuse any
data, document and information requirement if the Contractor considers it may prejudice the
Contractor’s intellectual property right.
3.3
Contractor shall hold a preliminary meeting for design review with KARI before fixing the
manufacturing schedule and if any design change in the manufacturing process is required, the
change shall be allowed by KARI in advance.
3.3
Contractor shall keep KARI informed with respect to the progress of the Plate Roll Bending
Machine, and shall comply with instructions given by KARI, but this instruction should be mutually
agreed in advance.
3.4
During pre-acceptance test or final acceptance test as set forth in Article 10 “Inspection and
Acceptance”, the Contractor shall carry out training for operator(s) to be designated by KARI.
Article 4.
Contract Price
4.1
For the full, satisfactory and timely performance of all obligations by Contractor in accordance with
the provisions of this Contract, KARI shall pay to Contractor the Contract Price of TBD CHF (CHF
TBD) in accordance with the terms of payment as specified in Article 5 “Terms of Payment”.
4.2
The Contract Price as specified in Article 4.1 above shall be firm and fixed price that is not subject to
any escalation or to any adjustment or revision by reason of the increase of actual costs incurred by
Contractor in the performance of the work under this Contract.
4.3
The Contract Price as specified in Article 4.1 above shall be comprised of the following items;
Description Price
(CHF)
Deliverable Item
TBD
TBD
TBD
Total Sum
TBD
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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.
4.4
All banking charges incurred in Korea shall be borne by KARI, and those charges incurred outside
Korea shall be borne by Contractor.
Article 5.
Terms of Payment
5.1 Payment
Schedule
5.1.1 The Contract Price as specified in Article 4 “Contract Price” shall be paid in accordance with the
following schedule:
No.
Payment Milestone
Payment Due Date
Percentage (%)
Amount (CHF)
1
The Receipt of P-bond
(EDC + 1week)
EDC + 3 Weeks
20
TBD
2
Completion of Pre Acceptance
Test (EDC + 14Weeks)
EDC + 16 Weeks
70
TBD
3
Completion of
Final Acceptance at KARI’s
site (EDC + 18 Weeks)
EDC + 20 Weeks
10
TBD
Total 100
TBD
5.2 Payment
Procedure
5.2.1 All invoices to be submitted by Contractor under this Contract shall be in the original and two (2)
copies signed by its authorized company official and shall be received by KARI two (2) weeks
before the payment due dates as specified in Article 5.1 above or the completion date of payment
milestone whichever becomes later. Each invoice shall clearly indicate the payment milestone
related to the respective payment and shall be accompanied by supporting documents certifying the
completion of the milestone event as set forth in Article 5.2.2 below.
5.2.2 All payments shall be made in CHF via wire transfer to a bank account as designated by Contractor
in its invoices, by the payment due dates as stipulated in Article 5.1 above. Notwithstanding the
foregoing sentence, if any payment milestone as set forth in Article 5.1 has not been accomplished
for any reasons attributable to Contractor, KARI may, with an advance notice, suspend such
payment due until both Parties agree that the delayed payment milestone has been accomplished.
5.2.3 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.
5.3 Deduction
of
Payment
5.3.1 In the event that KARI is entitled to receive any amount from the Contractor under the provisions of
the Contract (e.g. liquidated damage, etc.), KARI may deduct such amount from any payment that
may be or become due to the Contractor from KARI. If such amount exceeds to the residual payment
amount, Contractor shall pay such amount within two (2) weeks after Contractor’s receipt of KARI’s
written notice.
5.3.2 A prior written notice given by KARI accompanied with documents stating the amount due to KARI
referred to in Article 5.3.1 shall be prima facie evidence of the matters stated herein.
Article 6.
Taxes
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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.
6.1
In the event taxes are charged in Korea, KARI shall be fully responsible for payment of such taxes.
Contractor shall be fully responsible for the payment of all applicable taxes imposed outside Korea
including any customs duties and charges.
6.2
Neither Party shall be responsible for paying the customs duties, and related taxes, fee, or charges for
the personnel and the personal effects of the other Party.
6.3
The Contractor shall further comply with instruction s KARI may issue from time to time in order to
facilitate any exemption or reductions from customs duties and other taxes that might be levied on
KARI and shall impose the same obligations on the Subcontractor.
Article 7.
Performance Bond
7.1
Contractor shall establish a performance bond within one (1) week after EDC in favor of KARI in
the value of ten percent (10 %) of the Contract Price, in the form of an irrevocable and unconditional
standby letter of credit available by KARI’s draft at sight.
7.2
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 (including
Subcontractor’s default under the Subcontract), or
(b) that any amount KARI is entitled to receive from Contractor has not been paid by Contractor to
KARI through any other means, or
(c) that this Contract was terminated by Contractor’s breach as specified in Article 10.1.
7.3
The letter of credit shall be issued by first class international bank acceptable to KARI. The letter of
credit shall be drawn in favor of KARI and advised through the Woori Bank (Address: Daejeon
Branch at Moonye-ro 29, Dunsan-dong, Seo-gu, Daejeon, 35241 Korea, Tel.: +82-42-488-9704, Ext.
312 / Fax : +82-505-003-6200 / e-mail : 30904455@wooribank.com) and shall remain valid until the
expiry date of warranty as set forth in Article 11. “Warranties”. The letter of credit shall not be
amended, modified or canceled without KARI's prior written consent.
7.4
It is hereby agreed between the Parties that payment from the performance bond under this Article
shall not affect any other of KARI's rights, privileges, interests or remedies under this Contract or the
applicable law.
Article 8.
Delivery
8.1
All delivery rules to be used in this Contract and all deliveries made are to be in accordance
with Incoterms 2010.
Such delivery shall be based on;
(a) The Satellite EMC Test Equipment for Lightning Induced Transient Susceptibility Test shall be
manufactured and tested as per Appendix A. “Technical Specification and Statement of
Work”.
(b) The Satellite EMC Test Equipment for Lightning Induced Transient Susceptibility Test shall be
witnessed or inspected by KARI and pre acceptance test at Contractor’s site shall be
completed as per Article 10. “Inspection and Acceptance” of this Contract.
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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.
8.2
Unless otherwise mutually agreed, Contractor shall make the Deliverable Item ready for
shipment and the Deliverable Item shall be hand over to the KARI's Carrier or Forwarding
Agent at the rule of FCA TBD Airport by the Delivery Date of TBD, 2017(EDC+16 Weeks)
after the Contract as stated in the delivery schedule.
8.3
The date of each airway bill or clean on board bill of lading shall be construed as the date of
each shipment and delivery date.
8.4
To obtain import certification, Contractor shall notify KARI by e-mail as set forth in Article 20
“Notices” or telefax (+82-42-860-2666) ten (10) calendar days prior to the shipment with the draft 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) Manufacturer's Inspection Report,
(e) Export license (if necessary),
(f) Certificate of Origin, and
(g) Quality Assurance Certificate.
Article 9.
Delays in Performance
9.1 Excusable
Delay
9.1.1 Neither Party shall be responsible to the other Party for any delay in performing its obligations under
this Contract due to any events of Force Majeure.
9.1.2 The Party whose performance of obligations hereunder has been affected by any events of Force
Majeure shall notify the other Party within ten (10) working days thereafter by sending a detailed
statement and sufficient evidence with respect thereto, and promptly of any subsequent change in the
circumstances, if any. The affected Party shall exercise its best efforts under the circumstances to
remove or remedy the events of Force Majeure and the effects thereof and resume full performance
hereof as soon as possible.
9.1.3 Notwithstanding Article 9.1.1 above, any such delay that has not been notified to the other Party
pursuant to Article 9.1.2 above shall not be excused for any reason whatsoever. Notwithstanding
Article 9.1.1 above, any delay of performance of the affected Party falling due after any delay,
failure or incompleteness in exercising the pertinent best efforts to remove or remedy the pertinent
events of Force Majeure or the effects thereof pursuant to Article 9.1.2 shall not be excused for any
reason whatsoever.
9.2
The Party who has received or was entitled to duly receive the notice of events of Force Majeure
under Article 9.1.2 above may suspend performance of its obligations, which shall be due subsequent
to such events of Force Majeure, until the other Party has effected such delayed performance to the
full extent after and in view of such events of Force Majeure.
9.3 Non-Excusable
Delay
9.3.1 In the event that, unless otherwise excused by virtue of this Contract or the governing or applicable
law, Contractor delays the provision of the Satellite EMC Test Equipment for Lightning Induced
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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.
Transient Susceptibility Test, Contractor shall be responsible for damages incurred by KARI as a
result of such delay.
9.3.2 Contractor acknowledges and agrees that the timely provision of the Satellite EMC Test Equipment
for Lightning Induced Transient Susceptibility Test as stipulated under this Contract is essential to
KARI, and that such delay as provided for in Article 9.3.1 hereof may cause substantial financial loss
or damage to KARI’s right, interests and benefit, which may not be assessable or recoverable. Both
Parties therefore specifically agree that in the event of such loss or damage caused by delay
attributable to Contractor, its Subcontractor or any of its agents, Contractor shall pay KARI as
liquidated damages zero point one five percent (0.15%) of Contract Price per delayed day of Satellite
EMC Test Equipment for Lightning Induced Transient Susceptibility Test starting after agreed grace
period of ten (10) days has elapsed. If such delay does not exceed ten (10) days from the delivery
date, the liquidated damages for such delay will be waived. In no case, however, shall the aggregate
liquidated damages under this Contract for the delayed Satellite EMC Test Equipment for Lightning
Induced Transient Susceptibility Test exceed ten percent (10%) of the Contract Price; provided,
however, that if the aggregate number of days of delay under this Article, excluding those days of
delay excused by KARI in writing, should exceed sixty seven (67) days, KARI may terminate this
Contract for Contractor's material breach.
9.4
This Article shall not affect other remedies, rights, privileges, interests, 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 remedies, rights, privileges, or interests of KARI.
9.5
For the purpose of this Article, any action or omission of Contractor's Subcontractor, agent, or
servant, de facto or de jure, shall be deemed to be Contractor's own.
Article 10. Inspection and Acceptance
10.1 KARI shall have the right to carry out by itself or to appoint another qualified inspector for
inspection of the Satellite EMC Test Equipment for Lightning Induced Transient Susceptibility Test
and general progress during the manufacture, packing and preparation for shipment of the
Satellite EMC Test Equipment for Lightning Induced Transient Susceptibility Test.
10.2 In the event that KARI desires to dispatch its inspector or its authorized inspector for
inspection of the Satellite EMC Test Equipment for Lightning Induced Transient Susceptibility Test,
Contractor shall make due arrangement for free access of the inspector to Contractor's
workshops or Subcontractor's workshops at reasonable time. Each Party shall bear its own
costs related to these inspections.
10.3 KARI shall be entitled to refuse to accept the Satellite EMC Test Equipment for Lightning
Induced Transient Susceptibility Test partially or totally if the factory inspection (pre-acceptance
test) as aforesaid in the Article 10.1 reveals that the Satellite EMC Test Equipment for Lightning
Induced Transient Susceptibility Testis not in accordance with the Contract specifications,
requirements or approved detailed descriptions, drawings and/or technical data involved. In
such case, Contractor shall repair, replace or modify, free of charge, the Satellite EMC Test
Equipment for Lightning Induced Transient Susceptibility Test in question to bring it into
conformity with the Contract specifications, requirements or approved detailed descriptions,
drawings and/or technical data, as aforesaid, and shall notify KARI when the same is ready for
new inspection or test which shall be carried out under the same terms and conditions as the
original inspection and pre acceptance test. Such re-inspection is welcomed by the Contractor,
but the cost such as travel and accommodation expenses will be borne by KARI. Nevertheless,
the failure of KARI to detect non-conformity with the Contract specifications, requirements or
detailed descriptions, drawings and/or technical data during the inspection or test shall not
relieve Contractor of any of its obligations under this Contract.
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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.
10.4 KARI shall make the final inspection (final acceptance test) upon the Satellite EMC Test
Equipment for Lightning Induced Transient Susceptibility Test at the designated site by KARI at
its expense according to the requirements of the inspection and acceptance procedure under
this Contract. For the final inspection, KARI shall provide KARI Furnished Items to
Contractor in time. The detailed schedule of such inspection shall be decided through mutual
negotiation by the Parties.
10.5 In case of the failure to meet guaranteed operating specifications or if the tests reveal
defective or faulty materials, design and/or workmanship attributable to Contractor and/or its
Subcontractors, Contractor shall, at its own cost including airfreight, insurance, duties and
taxes for customs clearance in Korea, promptly make all necessary redesign, supply and/or
workmanship required to remedy such faults or defects in order to assure that the
specifications are conformable to the requirements set forth in this Contract. Once the defects
have been corrected, the tests shall be repeated as many times as necessary until the design
specifications as aforesaid are into conformity. Costs incurred in connection with any repeated
tests, whether direct or indirect, shall be borne by KARI. If there is any type of rework or extra
work not attributable to the Contractor’s failure, then the cost occurred will be quoted and be borne
by KARI.
Article 11. Representations and Warranties
11.1
Contractor represents and warrants to KARI that:
a) Contractor shall provide the Satellite EMC Test Equipment for Lightning Induced Transient
Susceptibility Test and Service in a timely and efficient manner and in accordance with
the-state-of-art engineering and design industry standards and practices;
b) Each of its employees who are performing the Service shall be qualified and sufficiently
experienced so as to provide the work competently, professionally and efficiently with the
standards and practices as set forth in paragraph (a) above;
c) All Deliverable Items that Contractor shall provide under this Contract shall be free from all
defects in workmanship and materials and shall comply with the specifications and requirements
of this Contract;
d) Contractor shall have good title to all design, engineering or technical data or documents, and all
material, and the Satellite EMC Test Equipment for Lightning Induced Transient Susceptibility
Test provided to KARI, including, but not limited to, the Deliverable Items and Deliverable
Data, free from any and all claims, demands, liens and encumbrances on title;
e) Neither part of the design, engineering or technical data or documents, and all material, and the
Satellite EMC Test Equipment for Lightning Induced Transient Susceptibility Test provided to
KARI, including, but not limited to, the Deliverable Items and Deliverable Data, when given and
in the future, shall be the subject of any Third Party infringement claim or action; and
f) The warranty will not cover the damage or failure due to improper operation, lack of
maintenance, unauthorized alteration, normal wear and tear, and abnormal use.
11.2
The warranty period hereof shall be twelve (12) months from the installation date of the Satellite
EMC Test Equipment for Lightning Induced Transient Susceptibility Test at the designated site by
KARI.
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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.
11.3
KARI shall notify Contractor and allow Contractor to access to the Satellite EMC Test Equipment
for Lightning Induced Transient Susceptibility Test to assure proper handling and use under the
warranty. Any action performed by Contractor under the terms of this warranty clause will not
extend the warranty period.
11.4 Upon the receipt of written notification from KARI that Deliverable Item delivered by Contractor is
defective of non-conforming, Contractor shall, for the period agreed by both Parties, immediately
repair or replace, at Contractor’s expense, such Deliverable Item so as to comply with the above
warranties. The Contractor shall not be entitled to any additional costs incurred or to recover any
damages suffered due to defect in the Deliverable Item or rejection of the Deliverable Item by KARI.
Article 12. Legal Compliance and Governmental Authorizations
12.1
Contractor and its employees shall comply with all applicable legal requirements of any place in
which any part of the work and Service 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 and Service performed by Contractor and its employees.
12.2 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 and Service under the Contract. Contractor
shall perform the work and Service in accordance with the conditions of any applicable permits or
licenses, approvals or certificates.
12.3
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.
12.4
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 13. Non-Transfer and Use Assurances
13.1
In case that any part of the Deliverable Items to be provided to KARI by Contractor under this
Contract are subject to export control regimes of the exporting country for the purpose of
non-proliferation of dual use articles and technology, KARI hereby assures and certifies that KARI
will use the said articles and technical data only for peaceful purposes and, as an end user, except as
specifically authorized by prior written approval of the relevant authorities of the exporting country,
will not re-export, re-sell or otherwise dispose of the articles and technical data outside the Republic
of Korea or to any Third Party. If requested by Contractor, KARI shall execute and issue to
Contractor a non-transfer and end use certificate containing the said KARI’s assurances.
Article 14. License and Ownership of Data and Information
14.1
If any license or consent from Contractor or any Third Party is required to ensure KARI’s right in
this Article, Contractor shall grant and shall have such Third Party grant such license and consent to
KARI.
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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.
14.2
Subject to Article 14.1 above, Contractor shall retain ownership rights in its prior existing standards,
reference materials, drawings, and engineering tools, used in connection with the Satellite EMC Test
Equipment for Lightning Induced Transient Susceptibility Test under this Contract.
Article 15. Suits for Infringement
15.1
In the event that any suit, claim, action or proceeding against KARI and its Subcontractor arises
from allegations that any proprietary rights to be provided by Contractor hereunder constitute
infringement of any patent, copyright, trade secret, know-how, or any other proprietary right of any
Third Party, Contractor shall defend KARI’s and KARI Subcontractor’s right, title and interest to the
same against such suit, claim, action, or proceeding at Contractor’s expense and shall hold KARI
and KARI Subcontractor’s harmless from any damages or losses of any kind including without
limitation legal fees. If as a result of such suit, claim, action or proceeding, the proprietary rights or
any part thereof is held to constitute an infringement and the use of said proprietary rights, or any
part thereof, is enjoined, Contractor shall promptly, at its option and expense, either procure for
KARI and KARI’s Subcontractor the right to continue using said proprietary rights, or the part
thereof, or replace the same with non-infringing proprietary rights acceptable to KARI.
15.2 The Contractor owns the intellectual property right of the Satellite EMC Test Equipment for
Lightning Induced Transient Susceptibility Test and KARI and KARI Subcontractor shall not copy
the design or allow any Third Party to copy the design for any purpose without prior written
approval from the Contractor.
Article 16. Confidentiality
16.1
Each Party agrees to keep secret and confidential all information obtained pursuant to this Contract
from the other Party, which is designated as confidential by the other Party. The Parties agree to take
all necessary precautions in a manner acceptable to the Party furnishing the confidential information
in order to keep secret and confidential such information and to restrict its use outside and beyond
the scope of this Contract; provided, however, that the above shall not apply to information which is
or becomes part of the public domain or obtained from an independent source through no fault of the
disclosing Party, nor shall the above restrict or prohibit the disclosure of such information to
competent government authorities as is required to bring about the purposes intended by this
Contract.
16.2
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.
16.3
The obligations undertaken by the Parties pursuant to this Article 16, shall survive termination of this
Contract and shall remain in effect and be binding on the Parties for a period of five (5) years after
the termination or expiration of this Contract except for such information as shall become part of the
public domain or is received from an independent source through no fault of the Party wishing to
disclose.
16.4
Contractor shall obtain the prior written approval of KARI concerning the content and timing of
news releases, articles, brochures, advertisements, prepared speeches, and other information releases,
proposed to be made by such party concerning this Contract or the work performed or to be
performed hereunder. KARI shall be given a reasonable time to review the proposed text prior to the
date scheduled for its release.
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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.
Article 17. Effectiveness of Contract
17.1
The effective date of this Contract ("EDC") is the date the duly authorized representatives of the
Parties have signed this Contract.
17.2 Any amendment to this Contract shall be effective upon signature by the duly authorized
representatives of both Parties.
Article 18. Termination
18.1
KARI may terminate this Contract upon written notice to Contractor:
(a) if Contractor commits a material breach of any of its obligations under this Contract which
shall not be remedied within thirty (30) days from the receipt of written notice by KARI
requiring such breach to be remedied;
(b) if Contractor becomes incapable for a period of ninety (90) consecutive or aggregate days of
performing any of its obligations under this Contract because of Force Majeure; or
(c) if Contractor or its creditors or any other eligible party shall file for its liquidation, bankruptcy,
receivership, reorganization, dissolution or similar proceedings, or if Contractor is unable to
pay any debts as they become due, has explicitly or implicitly suspended payment of any debts
as they became due (except debts contested in good faith), or if Contractor's creditors have
taken over its management, or if the relevant financial institutions have suspended Contractor's
clearing house privileges.
In the event of such termination, Contractor shall return to KARI all materials, data and
documentation provided by KARI, if any, at no cost to KARI, and the Contractor shall return to
KARI all the amounts received from KARI up to the date of such termination.
In the event that this Contract is terminated pursuant to paragraphs (a) or (c) above, Contractor shall
also pay ten percent (10%) of the Contract Price as specified in Article 4 “Contract Price” as
termination charge.
18.2 KARI may terminate this Contract, in whole or in part, at any time for its convenience, upon
reasonable prior written notice to Contractor. In case of such termination for convenience, Contractor
shall be entitled to the amount paid and payable up to the date of such termination. In addition,
KARI shall be entitled to the any products paid and products due as of the date of such termination.
Article 19. Resolution of Disputes and Governing Law
19.1
In cases any controversy or claim arises out of or in relation to this Contract or with respect to a
breach hereof, the Parties shall seek to resolve the matter amicably through discussions 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 interpretation of KARI shall govern until
and unless otherwise decided by arbitration conducted pursuant to the following provisions.
19.2
If the Parties cannot resolve such controversy or claim in accordance with Article 22.1 above, it
shall be finally settled by arbitration under the rules of arbitration of the Korean Commercial
Arbitration Board (KCAB) and the place of arbitration shall be Seoul in Korea. The proceedings
shall be conducted in English. The award rendered by the board shall be final and binding on the
Parties and may be entered in any court of competent jurisdiction for execution.
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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.
19.3
The validity, performance, construction, and effect of this Contract shall be governed by the laws of
Korea.
Article 20. Notice
20.1
All notices required or permitted to be given hereunder shall be made in writing, and shall be valid
and sufficient if dispatched by registered airmail (postage prepaid), delivered personally, or sent by
facsimile or e-mail to the following addresses:
a) If to KARI : Korea Aerospace Research Institute
169-84 Gwahak-ro, Yuseong-Gu
Daejeon, 34133 Korea
Technical Matter
Contract
Matter
Attn.: Mr. Jae Woong JANG
Dep’t: Space Test Department
Tel.: +82-42-860-2977
Fax: +82-42-860-2234
e-mail : jjw0302@kari.re.kr
Attn.: Mr. Won-Suk LEE
Dep’t: Procurement Team
Tel: +82-42-860-2406
Fax: +82-42-860-2666
e-mail : wsl@kari.re.kr
b) If to Contractor : Name of Contractor
Address
Technical Matter
Contract
Matter
Attn.: TBD
Dep’t: TBD
Tel.: TBD
Fax: TBD
e-mail : TBD
Attn.:
TBD
Dep’t: TBD
Tel: TBD
Fax: TBD
e-mail : TBD
20.2
Each Party may change its address for notice by notice given to the other Party in the manner set
forth above.
20.3
Notices given as herein provided shall be considered effective seven (7) days after the registered
postage pre-paid airmailing thereof or the day of actual receipt thereof, whichever occurs first, or on
the day of personal delivery, or the day of sending if by facsimile or e-mail.
Article 21. Miscellaneous
21.1 Assignment
This Contract and each and every covenant, term and condition hereof shall be binding upon and
inure 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, which consent shall not be unreasonably
withheld.
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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.
21.2
Language and Units
This Contract is executed in English and all documents, drawings, plans and any other writings as
well as communication between the Parties shall be in English. Weight and measurement for
deliverable documentation including Deliverable Data shall be recorded in units of metric system.
21.3 Entire
Agreement
This Contract embodies the entire agreement between the Parties with respect to the subject matter
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 explanation or oral information by
any of the Parties shall alter the meaning or interpretation of this Contract.
21.4 Amendment
No amendment or change hereof or addition hereto shall be effective or binding on any of the Parties
unless reduced to writing and executed by the respective duly authorized representatives of each of
the Parties.
21.5 Subcontract
Each Party shall be fully responsible for the work of its Subcontractors under this Contract, and such
subcontracting shall not relieve that Party of its obligation under this Contract.
21.6 Headings
The headings and titles in this Contract have been inserted for convenience of reference only and are
not to be used in construing or interpreting this Contract.
21.7 Unenforceable
Terms
If any term or provision of this Contract shall for any reason be invalid, illegal or unenforceable in
any respect, this Contract shall be interpreted and construed as if such term or provision had never
been included herein. Any remaining part of this Contract shall not be influenced by such
ineffectiveness.
21.8 Non-Waiver
The failure or delay of any Party to require any performance by the other Party of any provision of,
or of any right or obligation under this Contract, shall not constitute a waiver thereof, nor shall such
affect that Party's right to thereafter require performance of such or any other provision, right or
obligation.
21.9 Disclaimer
of
Agency
This Contract shall not be deemed to constitute any Party the agent of the other Party.
21.10 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 start 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 particular contractual
performance is required, such time limit shall be extended to the first working day following.
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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.
IN WITNESS WHEREOF this Contract has been issued in two (2) signed English originals of equivalent
validity, executed on behalf of KARI and the Contractor by their respective persons authorized on that
behalf.
Korea Aerospace Research Institute
Name of Contractor
By : ______________________
Name : Dr. Gwang-Rae CHO
Title : President
By : ______________________
Name :
Title :
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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.
Appendix B. Technical Specification & Statement of Work
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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 is intentionally left as blank.”
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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.
Technical Specification
I. General
Waveform generators set for lightning induced transient susceptibility test will be installed in the medium
EMC chamber(TH#4) in KARI.
This system is for Lightning Induced Transient Susceptibility in RTCA DO-160G Section 22 and
MIL-STD-461G CS117. This test system shall be designed and almost complied in accordance with RTCA
DO-160G Section 22.0 and MIL-STD-461G CS117.
All generator shall be powered by single phase 220V, 16A and weight of delivery for extension modules of
WF2, WF3 and WF6 must be less than 1 kg.
Test system has an ability to test at least two (2) EUTs simultaneously in parallel and does not be allowed to
include any ROHS material to harm user’s health.
II. Configuration of Goods
1.
Generators : 2 sets
2.
Coupling Devices : 1 set
3.
System Accessories : 1 set
4.
System Controller and Software : 1 set
III. Detail Specification
1.
Generator set: 1 set
1.1 Generator#1: 1 EA
Classification Specification
WF1
- Rise Time: 6.4 μs (± 20 %)
- Half value time: 69 μs (± 20 %)
- Generator Setting Range: 20 A ~ 1800 A or wider
- Generated level with Coupler: 20 A ~ 3180 A or wider
WF4
- Rise Time: 6.4 μs (± 20 %)
- Half value time: 69 μs (± 20 %)
- Generator output: 70 V ~ 1700 V / 340A for Pin/Ground Injection
- Generated output with Coupler: FS 300~750 V SS 75 V~187.5 V or higher for
cable induction test
WF5A
- Rise Time: 40 μs (± 20%)
- Half value time: 120 μs (± 20%)
- Generator Setting Range: 80A ~ 3000A or Wider
- Generated level with Coupler: 80A ~ 10000A or Wider
WF5B
- Rise Time: 50 μs (± 20%)
- Half value time: 500 μs (± 20%)
- Generator Setting Range: 75A ~ 2000A or Wider
- Generated level with Coupler: 75A ~ 5000A or Wider
Etc.
- Multiple stroke pattern as per DO-160G Section22 & User programmable
Note : WF means WaveForm
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in whole or in part, without the express prior written approval of KARI.
1.2 Generator#2: 1 EA
Classification Specification
WF2
- Rise Time : 0.1 μs (± 20%)
- Tail time : 6.4 μs (± 20%)
- Generator output : 40V ~ 5000V or wider
WF3
- Frequency : 1 MHz (± 20%)
- Damping : fifth amplitude 25% to 75% of largest peak
- Setting Range : 80V ~ 5650V or Wider
WF3
- Frequency : 10 MHz (± 20%)
- Damping : fifth amplitude 25% to 75% of largest peak
- Setting Range : 80V ~ 4500V or Wider
WF6
- Rise Time : 0.25 μs (± 20%)
- Half value time : 4 μs (± 20%)
- Generator Setting Range : 5A ~ 160A or wider
Etc.
- Single Stroke, Multiple Stroke(user programmable), Multiple Burst
Note : WF means WaveForm
1.3 Waveform Definition
1.3.1 Waveform 1~ Waveform 6 Definition
Waveform 1(Current)
Waveform 2(Voltage)
Configuration
Waveform 3(Current/Voltage) Waveform
4(Voltage)
Configuration
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in whole or in part, without the express prior written approval of KARI.
Waveform 5(Current/Voltage) Waveform
6(Current)
Configuration
1.3.2 Multiple Stroke Application
1.3.3 Multiple Burst Application
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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.
2.
Coupling Devices
Classification Specification
Coupling Device #1
(1ea)
- Current coupling for CI/GI test
- Waveform application: WF1, WF5A, WF5B
- Weight: < 60kg
Coupling Device #2
(1ea)
- Voltage coupling for CI test
- Waveform application: WF4( CI up to L5), WF5A( CI up to L5), WF5B( CI
up to L3)
- Weight: < 200kg
Coupling Device #3
(1ea)
- Frequency Range: 10 kHz ~ 10MHz
- Waveform application: WF2 & WF3 up to max. level 3200V
- Weight: < 14kg
Coupling Device #4
(1ea)
- Frequency Range: 100 kHz ~ 10 MHz
- Waveform application: WF2 & WF3 & WF6H
- Aperture size: >7 X 7 cm
- Weight: < 100kg
3.
System Accessories
Classification Specification
LISN
(2ea)
- Comply to MIL-STD-461G CS117, DO-160G Section 22
- Frequency Range: 100 kHz ~ 30 MHz
- Allowable line voltage : 250V/32A AC/DC
Sync-Adapter
(1ea)
- Synchronization function with AC up to 400Hz for pin test
4.
System Controller and Software
Classification Specification
System Controller Set
(1ea)
- Allowable line voltage : 250V/32A AC/DC
Test S/W
(1set)
Generator
Control
S/W
- perform single test
- multiple tests in a sequence (at least 30 tests)
- automatically generation of test report with DSO Screen dump
Oscilloscope
Control
S/W
- recall setting of DSO to PC
- send the stored DSO setting in PC to Oscilloscope
- automatic waveform capturing
- automatic detecting to determine threshold of the generated level
5.
Environment Conditions
5.1 Temperature condition
5.1.1 Ambient temperature : 0℃ ~ 45℃
5.1.2 Storage temperature: -20˚C ~ +85˚C
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in whole or in part, without the express prior written approval of KARI.
5.2 Relative humidity : up to 95%
5.3 Location : normal laboratory environment
5.4 Operating altitude : up to 2000m above sea level
6 Acceptance Test
Following acceptance tests shall be performed for all delivered test systems.
6.1 Acceptance test procedure
6.1.1 Unpacking
6.1.2 Visual inspection
6.1.3 Installation of the Test systems in EMC chamber
6.1.4 Electricity connection
6.1.5 Oscilloscope, RF cables, probes, couplers, load and system accessaries connection fitted for each
test item.
6.1.6 System control line connection
6.1.7 Fill acceptance test results in the performance test report
6.2 Acceptance test items, level and methods
For all test items, Direct is Direct Injection, CI is Cable Induction, GI is Ground Injection, SS is
Single Stroke, MS is Multi Stroke, MB is Multi Burst, L is Level, respectively. Detailed test
specification and methods are defined in RTCA DO-160G Section 22 and MIL-STD-461G CS117.
6.2.1 Waveform 1
Type Injection
Event
L1 L2 L3 L4 L5
Cable
Bundle CI SS Yes Yes Yes Yes No
CI MS Yes Yes Yes Yes Yes
6.2.2 Waveform 2
Type Injection
Event
L1 L2 L3 L4 L5
Cable
Bundle CI SS Yes Yes Yes Yes Yes
CI MS Yes Yes Yes Yes Yes
6.2.3 Waveform 3
Type Injection
Event
L1 L2 L3 L4 L5
PIN
Direct SS Yes Yes Yes Yes Yes
Cable Bundle
CI SS Yes Yes Yes Yes Yes
CI MS Yes Yes Yes Yes Yes
CI MB Yes Yes Yes Yes Yes
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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.
6.2.4 Waveform 4
Type Injection
Event
L1 L2 L3 L4 L5
PIN
Direct SS Yes Yes Yes Yes Yes
Cable Bundle
CI SS Yes Yes Yes Yes Yes
CI MS Yes Yes Yes Yes Yes
GI SS Yes Yes Yes Yes Yes
GI MS Yes Yes Yes Yes Yes
6.2.5 Waveform 5A
Type Injection
Event L1 L2 L3 L4 L5
PIN
Direct SS Yes Yes Yes Yes Yes
Cable Bundle
CI SS
Yes/Current
No
CI MS
Yes/Current
GI SS Yes Yes Yes Yes Yes
GI MS Yes Yes Yes Yes Yes
6.2.6 Waveform 6
Type Injection
Event
L1 L2 L3 L4 L5
Cable
Bundle CI MB Yes Yes Yes Yes Yes
6.3 If needed by request of a purchaser, Factory Acceptance Test shall be performed in the place of
production.
6.4 Verification Setup for Acceptance Test
6.4.1 Pin Injection Calibration Setup, Signal Pins and Power Pins Direct Injection Method
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in whole or in part, without the express prior written approval of KARI.
6.4.2. Typical Generator Performance Verification Setup for Cable Induction Tests
6.4.3. Typical Generator Performance Verification Setup for Ground Injection Tests
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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.
Statement of Work
1. Overview
(1) This Statement of Work (SOW) defines the tasks to be performed by the Contractor to provide
Lightning Induced Transient Susceptibility Test Equipment. Along with this SOW, the Contractor
shall perform all tasks necessary to completely install and successfully operate Lightning Induced
Transient Susceptibility Test.
(2) The main undertakings of the project are to perform factory and site acceptance tests, install,
guarantee quality and training of test equipment, etc.
(3) All the descriptions in this SOW are minimum requirements.
2. Procedures of the Work
The Contract shall be progressed with five (5) steps as follows:
(1) Organization of waveform generators set including generators, attenuator boxes, transformers,
probes and extend modules, etc.
(2) Factory acceptance test & safety plan verification
(3) Transportation
(4) Installation at KARI
(5) Final acceptance test at KARI according to supplied test procedure & previous test results
3. Scope of Work
The Contract is on turnkey base and the Contractor shall provide the work as follows;
(1) Engineering work of the equipment,
(2) Manufacture, assembly and turnkey delivery of the equipment,
(3) Parts and particular instruments necessary to operate the equipment,
(4) Installation work and acceptable test at Factory and KARI site,
(5) Contract management, site operation, cooperation with KARI,
(6) Basic principle, operation, warranty, maintenance, repair, safety and training for the equipment,
(7) Relevant books and manuals, and
(8) Other necessary matters required for acquiring and installing the equipment (including checking of
AITC building interface and construction).
4. Work Schedule
The Contract shall submit the detailed work schedule and specially, the work schedule at KARI site shall
be confirmed by KARI for avoiding overlap with KARI’s other test schedules.
5. Quality Warranty
The Contractor should carry out all items described in the master plan for quality warranty of the proposal
in order to guarantee the quality of the manufactured equipment.
(1) The system shall be warranted for the duration of one (1) year from the date of definitive acceptance
on the site against any operational faults. The date of acceptance is the date when the whole system
is completely installed and its function is approved perfect in a written format by KARI or its
representative.
(2) The warranty covers the replacement of faulty parts, the labor required for repair, traveling cost,
living fees and all associated necessary costs.
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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.
(3) The contractor or A/S teams shall submit the written plan for repair within forty eight (48) hours
after the reception of the notification of fault. The contractor or A/S teams shall completely finish
the repair within thirty (30) days after the reception of the notification of fault.
(4) For an urgent service during important testing period, the deadline for action is five (5) days from
the reception of the notification of service. To meet the deadline of the urgent service, KARI will
notify the contractor of the test start date and the period two (2) weeks before the test start date.
6. Training
During or before final acceptance test, the Contractor should carry out training for operator(s) who is(are)
going to be designated by KARI. Training and verification on delivery of Deliverable Items shall be
provided with more than two (2) weeks by well experienced engineer who has dealt with more than (2)
systems for more than five (5) years.
7. Delivery and Installation
After completing the domestic installation by Contractor, the Contractor shall perform the test working of
the Satellite EMC Test Equipment for Lightning Induced Transient Susceptibility Test (final acceptance
test) with KARI’s presence and demonstrate to KARI that there is no problem on the Equipment.
8. Documents for Submission in Delivery
The following documents written in English should be submitted when the Satellite EMC Test Equipment
for Lightning Induced Transient Susceptibility Testis delivered.
(1) Calibration and verification data of delivery of items including WF1~WF6 and all possible test level
(2) Operating manual
