Frequently Asked Questions

General

ESA stands for "European Space Agency"

NAVISP is the  "Navigation Innovation and Support Programme" of ESA.

Element 1, 2 and 3 are the three programmatic elements of NAVISP. Each one has its own specific objectives and implementing rules that characterise the different actions that ESA aims to achieve with NAVISP.

ITT stands for "Invitations To Tender".

PNT stands for "Positioning, Navigation and Timing".

The Open Call for Proposals is the Call permanently open on EMITS for industry to participate in Element 2.

External services cover services such as hire of facilities, computer services, manpower services (e.g. consultancy), plating of parts, services for procurement of HIREL parts etc.

The costs for these should be shown on the PSS A2 form of the Prime Contractor under Other Cost Elements Point 3.7 and further detailed on Exhibit. A Third Party should be involved as subcontractor (not as external services) when they are contributing to the development work of the project, when they are responsible for the realisation of specific work packages.

To include a Third Party as Subcontractor also involves a firm commitment by the Third Party (contract between Prime contractor and Subcontractor) and is especially recommended when this Third Party is essential to carry out the activity.

The payments plan can be proposed by the Tenderer with respect to dates and amounts, but should take into account a balance between expenditures and payments and should be related to achievements (conclusion of work packages, development of hardware/software, reviews, etc).

Constraints about advanced payment and final payment are described in the draft contract.

Element 1 - Innovation in satellite Navigation

The IPR Rules in NAVISP Element 2 are the following:

"PART II: CONDITIONS CONCERNING INTELLECTUAL PROPERTY RIGHTS FOR ESA STUDY, RESEARCH AND DEVELOPMENT CONTRACTS

For the purpose of this Contract:

- Part II, Option B of the GCC shall apply, as modified by the special provisions below.

- The free licenses provided for the benefit of ESA in the present Contract and in Part II of the GCC, shall be deemed granted through signature of the present Contract and without the need to implement a separate license." -- ALSO -- "CLAUSE 57: BACKGROUND INTELLECTUAL PROPERTY RIGHTS

Sub-Clause 57.1, second paragraph, shall not apply"

AS per Full proposal part 6 - Financial proposal, section 9:

9 Quotations Free of Taxes and Customs Duties

9.1 - Prices shall be quoted free of taxes and customs duties.

9.2 - In cases where the Tenderer considers that it will remain subject to the payment of taxes or customs duties, it shall indicate separately the applicable rates, the corresponding estimated total tax or customs duty amount, and the reason why it believes exemption from tax or customs duties cannot be obtained.

Attention is drawn to Clause 29 of the GCC. If a Contractor is entitled to a VAT exemption form from ESA (or similar procedure) it is only the Contractor which will have the benefit of the VAT exemption, and not the Subcontractors. All Subcontractor invoices should be addressed to the Contractor and must include VAT or any other taxes or duties required by the relevant national rules for the entitiesinvolved. Any VAT costs which are payable under such subcontracts shall not be included in the price quoted to ESA.

After submission of the full proposal you will be contacted by the Contract Officer.

The PSS forms are available on EMITS. Each PSS form includes a sheet "Instructions" that the company shall carefully read. 
A central email address is also available for clarifications regarding the PSS forms and their instructions -  pss@esa.int

Activities within the scope of NAVISP Element 1 are currently tendered by the EXPRO+ ITTs. Since EXPRO+ conracts are  self-contained standard contracts embedding the relevant parts of the GCC, the GCC is not applicable. The IPR regime is stipulated by Article 6 of the Draft Contract applicable to NAVISP Element 1 ITTs. 

Element 2 - Competitiveness in PNT

No. Companies are invited to use them to facilitate the preparation of their Full Proposal and ESA evaluation.

The IPR Rules in NAVISP Element 2 are the following:

"PART II: CONDITIONS CONCERNING INTELLECTUAL PROPERTY RIGHTS FOR ESA STUDY, RESEARCH AND DEVELOPMENT CONTRACTS

For the purpose of this Contract:

- Part II, Option B of the GCC shall apply, as modified by the special provisions below.

- The free licenses provided for the benefit of ESA in the present Contract and in Part II of the GCC, shall be deemed granted through signature of the present Contract and without the need to implement a separate license." -- ALSO -- "CLAUSE 57: BACKGROUND INTELLECTUAL PROPERTY RIGHTS

Sub-Clause 57.1, second paragraph, shall not apply"

AS per Full proposal part 6 - Financial proposal, section 9:

9 Quotations Free of Taxes and Customs Duties

9.1 - Prices shall be quoted free of taxes and customs duties.

9.2 - In cases where the Tenderer considers that it will remain subject to the payment of taxes or customs duties, it shall indicate separately the applicable rates, the corresponding estimated total tax or customs duty amount, and the reason why it believes exemption from tax or customs duties cannot be obtained.

Attention is drawn to Clause 29 of the GCC. If a Contractor is entitled to a VAT exemption form from ESA (or similar procedure) it is only the Contractor which will have the benefit of the VAT exemption, and not the Subcontractors. All Subcontractor invoices should be addressed to the Contractor and must include VAT or any other taxes or duties required by the relevant national rules for the entitiesinvolved. Any VAT costs which are payable under such subcontracts shall not be included in the price quoted to ESA.

 

 

As a general rule within 10 days from the submission of the OP, you will receive a feedback from ESA.

After submission of the full proposal you will be contacted by the Contract Officer.

Please contact: navisp.element2@esa.int 

The PSS forms are available on EMITS. Each PSS form includes a sheet "Instructions" that the company shall carefully read. 
A central email address is also available for clarifications regarding the PSS forms and their instructions -  pss@esa.int

The sooner ESA receives the Full Proposal, the earlier it starts the evaluation process and all the procedures that will lead to a possible contract.

The deadline of 30 days is a recommendation given to the companies in order for ESA to conclude the overall process in 4 months.

The IPR regime applicable to  NAVISP Element 2 is stipulated by Part II (Option B) of the ESA GCC  (Clauses 50-63) with the following modifications as per the Draft Contact applicable to NAVISP Element 2 acivities: 

For the purpose of this Contract:

- Part II, Option B of the GCC shall apply, as modified by the special provisions below.

- The free licenses provided for the benefit of ESA in the present Contract and in Part II of the GCC, shall be deemed granted through signature of the present Contract and without the need to implement a separate license."

"CLAUSE 57: BACKGROUND INTELLECTUAL PROPERTY RIGHTS

Sub-Clause 57.1, second paragraph, shall not apply"

Ownership of HW is stipulated by Art. 2.1.3 of the Draft Contract applicable to NAVISP Element 2 activities: 2.1.3 Hardware (BASELINE: OWNERSHIP STAYS WITH THE AGENCY)

a) The hardware specified in Vol. … chapter … of the Contractor’s Proposal (and/or: minutes of negotiation meeting as applicable) shall be delivered to the Agency’s Technical Officer and project Control Officer specified in Article 5, Clause 5, Sub-Clause 5.1 a) of the Contract, not later than [DATE TO BE FILLED IN]. In proximity with the acceptance a loan agreement or waiver of the transfer of ownership to the Agency may be requested; any such request shall include a description of the intended utilisation. The Agency, however, is not obliged to accept such request and will make conditional upon the Contractor's commitment to utilise the hardware exclusively in the manner approved by the Agency. Ownership of assets with an individual or batch cost below 10,000 Euro shall remain with the Contractor.

In practice, the Agency specifies at the negotiation stage that the HW transfer of ownership will take place upon successful milestone linked to the acceptance of the Hardware deliverables; physical delivery to the Agency is not required, acceptance can take place in the Contractor's premises. This approach is recorded in the minutes of a negotiation meeting. 

Furthermore (OPTIONAL AND SUBJECT TO AGREEMENT AT NEGOTIATION WITH THE PROJECT: OWNERSHIP REMAINS WITH THE CONTRACTOR): Ownerhip may be left with the Contractor whenever the Agency and the Contractor agree, when concluding the contract, that there is a further useful utilisation of such assets for purposes connected with the objectives of the contract. This approach is recorded in the minutes of a negotiation meeting and Article 2.1.3 of the draft contract will be modified in line.   

Fixed assets management is stipulated by Article 4 of the Draft Contract applicable to the NAVISP Element 2 activities. (In practice, the Agency specifies at the negotiation stage that the  transfer of ownership of tangible assets will take place upon successful milestone linked to the acceptance of the specific deliverables or earlier as per agreement; physical delivery to the Agency is not required. This approach is recorded in the minutes of a negotiation meeting.

Based on the IPR regime applicable to the NAVISP Element 2 activities, the Contractor owns the IPR for the SW elaborated within the scope of the NAVISP Element 2 activities. By signature of a contract within the scope of Element 2, a Contractor grants the Agency a free license(s) without the need to implement a separate license for the Agency's own requirements. SW elaborated within the scope of the NAVISP Element 2 activties shall be delivered to the Agency in line with Article 2.1.2 in the object code only.