Request for Proposals: Startup City Cahul. Design and Architecture services

  

 
 
 
 
Request for Proposals (RFP)
 
 
RFP Number:             StartupCityCahul-2020-001
 
Issuance Date:              06.10.2020
 
Deadline for Offers:       06.11.2020
 
Description:                 Design and Architecture Services
 
For:                             EU4Moldova: Startup City Cahul
 
Funded By:                 European Union through Sweden, Reference Agreement 13797
 
Issued By:                   National Association of ICT Companies (ATIC)
 
Point of Contact:         a.chirita@ict.md, contact person Ana Chirita, Project Director
 
 


Section 1: Introduction and Instructions to Offerors                                           
 
1.1       Acronyms and Definitions
 
            ATIC                           National Association of ICT Companies
            EU                               European Union
            ICT                              Information and Communication Technology
            IT                                Information Technology
            STEM                         Science Technology, Engineering and Math
            VAT                            Value Added Tax
 
1.2       Introduction
 
The Government of Sweden has entered into a delegated agreement with the European Delegation in June 2020 for the implementation of Startup City Cahul Project aiming to develop a regional ICT Innovation centre for the Cahul region.
 
The National Association of ICT Companies has entered into an agreement with Sweden on September 15, 2020 for the implementation of the project.
 
The project is in line with the Annual Action Programme 2019 in favour of the Republic of Moldova and its Action entitled ‘EU4Moldova: Startup City Cahul’, based on the Commission Decision ENI/2019/042-243.
 
The overall objective of the Action is to harness and strengthen the potential of the digital economy and enhance regional competitiveness, its business and its investment environment.
 
The specific objectives are:
·        Foster partnerships for innovation and entrepreneurship between the private sector, public sector and educational institutions in the region of Cahul.
·        Promote technology, problem solving and creative solutions in learning and make STEM topics (Science, Technology, Engineering and Mathematics) more attractive for women and men, girls and boys.
·        Facilitate the emergence of start-ups in innovative sectors, build their capacity and investment readiness.
 
The Action is aligned to the Eastern Partnership priorities, the revised Association Agenda and the objectives of the 2017-2020 Single Support Framework (SSF) for Moldova and Chapter 18 of the European Union – Moldova Association Agreement. It will also support the implementation of the Eastern Partnership's ‘20 Deliverables for 2020’, as they relate to economic development. The proposed activities will support the implementation of the priorities identified in the European Joint Development Cooperation Strategy (Joint Programming Document) and the National Strategy for enhancing IT industry competitiveness ‘Digital Moldova 2020’.
 
Under the programmatic approach, the Action will contribute to the regional development of Cahul, in agreement with the Government of Moldova’s strategies for regional growth and well-being. The initiative will involve the major regional stakeholders and a general memorandum of understanding will be negotiated to seek commitment of the governmental authorities.
 
1.3       Assignment:
 
ATIC is looking for a company that can provide architecture and design services for the creation of the Startup City Cahul Innovation Center.
 
The activity will support the creation of one regional centre in Cahul that provides a space for an enabling innovation environment. Based on the assumption that there are no technology companies in Cahul, the scope will be much broader. Therefore, the initiative will contribute to all specific objectives by providing innovative infrastructure to contribute to the regional growth.
The Centre will enable the sector to continue to grow, considering the regional context, by encouraging local start-ups, allowing existing companies to expand, and attracting international ICT companies to invest in Moldova. The Centre will raise the profile of the region by applying innovative approaches towards innovation in education, administration, culture, business, etc. The Centre will help boost the attractiveness of ICT in the regional context, by creating high quality, well-paid jobs, and deterring the emigration of talented young people. Furthermore, the Centre will act as a major investment enabler both for potential IT, as well as for other non-IT related activities, such as agriculture, engineering and tourism. The Centre will become a major point for STEM education in the south of Moldova by providing quality education at all levels and creating premises for entrepreneurship development. The Centre will bring prestige to the host university and to Moldova, and positively influence the sector by enriching the network of Tekwill type centres.
The main goal of the EU4Innovation Centre is to link the south of Moldova to the overall context of the national development strategies, as well as creates a focal point for investment attraction in the region.
In order to have an informed basis for the format and design of the EU4Innovation Centre, Sida signed a separate agreement with ATIC (July 2019) to carry out a feasibility study. Given the time constraint and the importance of providing a sound basis for the implementation of the Action, Sida decided to carry out a feasibility study with its own funds prior to the implementation of the Action. The draft study has shown that even though the IT industry is rather Chisinau centric and the university of Cahul provides a limited number of IT specialists, its management and the local authorities are open to create a Center that will be all inclusive for various categories of people, focussing on STEM and on providing education towards the Cahul citizens. According to the study, one of the best options provided is identified to be on the premises of the Cahul University partially as a construction of a new sight and refurbishment of a part of an old dormitory. The suggested facility space is approximately 2000 m2.
 
The first phase for EU4Innovation Centre to become functional will consist of investing into the reconstruction and endowment of a building.
The Centre will be based on a combined approach, that strives to create nexus in various directions:
a)     Educational.
b)     Entrepreneurship.
c)     Connect tech with non tech verticals.
d)     Increase regional attractiveness.
The Action will take into consideration various options for the location of the Centre. It is envisioned that the EU4Innovation Centre will serve the goal of a regional technology Centre. However, it will also aim beyond the tech activity and will strive to become an investment/events and business support hub. To this end, the programme plans to develop infrastructure containing the following facilities:
·        1 large event space with A/V and A/C installation for up to 300 attendees
·        1 small event space with A/V and A/C installation for up to 100 attendees
·        2 medium meeting rooms of 200 sq. m
·        4 small meeting rooms of 20-50 sq. m
·        4-6 training rooms of approximately 50 sq. m each
·        Co-working environment of 300sq.m (30-50 desks)
·        5-10 office units up to 50 sq. m each
·        3 office units up to 200 sq. m
·        Server and network facilities for state-of-the-art connectivity and A/V system
·        Common areas (kitchen, bathrooms, etc.) of approximately. 100 sq. m
·        Premises for Mini Cafe
·        Indoor and outdoor sports area
·        Mini accommodation facilities to be able to host start-up programmes and conference attendees
 
The project may decide upon changes if relevant during the works. Besides the construction and renovation, a critical part of the infrastructure project will be the physical setup and technical endowment of the facility. That is, the detailed planning, design and architecture to fit the requirement of the centre, as well as infrastructure, laboratories, furniture and special equipment necessary for trainings, co-working spaces will be developed and implemented. The Centre will be attractively furnished, with modern light-weight furniture to allow for flexible layouts. Taking into consideration Cahul’s historical cultural aspects, the Centre will seek to combine interesting infrastructure with new concepts in design. The Centre will be equipped with appropriate networks, servers and computers, although it is recognized that many lecturers, trainees and students will bring their own devices. Training rooms will be equipped with projectors, TVs, screens or other related equipment. Limited (chargeable) printing facilities will be provided. All software will be properly licensed and maintained. High performance networks will be provided, with secure high-capacity Internet. The exact list of equipment and works will be based on a layout and design plan.
There will be a great emphasis on green- and energy saving technical solutions, use of sustainable materials, use of A or A+ energy efficiency devices. From the cost-saving perspective when it comes to the running- and maintenance costs of the premises, technical solutions with low environmental impact will be chosen. The proposed solution should take into account relevant sustainability and maintenance costs for the building.
The proposed construction/renovation of the building should fit into an avg 1,2mln EUR lump sum, excluding land (only renovation and refurbishing works).
The particular assignment of the RFP will look into:
a)     Analysis of the feasibility study and expertise of the locations provided by the study (as Attached)
b)     Preparation of the design and architecture drawings for the following compartments:
 
Project Item
 
1
General Plan (Plan general)
PG
Vertical Systematization (Sistematizare Vertială)
Green Spaces (Spații Verzi)
Landscaping (Amenajarea teritoriului)
2
Organization of construction works (Organizarea Lucrărilor de construcție)
OLC
3
Architectural solutions (Soluții Arhitecturale)
SA
Color passport design (Pașaport concepție coloristică)
Explanatory memorandum (Memoriu explicativ)
4
Reinforced Concrete Constructions (Construcții din Beton Armat)
CBA
5
Constructions of Metal structures (Construcții structuri Metalice)
CM
6
Thermomechanical solutions (Soluții termomecanice)
SM
7
Heating, Ventilation and Air Conditioning (Încălzirea,Ventilarea și Condiționarea aerului)
IVC
8
Interior water supply and sewerage networks (Rețelele interioare de alimentare cu Apă și Canalizare)
RAC
9
Automation of Heating, Ventilation and Air Conditioning (Automatizarea Încălzirea,Ventilarea și Condiționarea aerului)
AIVC
10
Interior and Exterior Electric Lighting (Iluminatul Electric Interior și Exterior)
IEI
11
Electric Power Equipment (Echipament Electric de Forță)
EEI
12
Telephone communications, signaling, access control, TS video monitoring (Comunicații telefonice, semnalizare, acces control, monitorizare video)
TS
13
AEF power supply (Alimentarea cu energie electrică)
AEF
14
Lightning protection (Protecție împotriva trăsnetelor)
PT
15
Firefighting (Stingere a incendiilor (antiincendiu))
SI
16
Fire and guard signaling (Semnalizarea de incendiu și pază)
SIP
 
 
 
 
 
 
 
 
 
 
 
 
 
c)     Assistance with Obtaining service approvals, Checking the Project Documentation, Topographic Survey and Geological Study
d)     Separately, assistance with author rights supervision
The expected deliverables under the assignment are:
1.     Design of the layouts and initial concepts to be approved by the Steering Committee
2.     Design and architecture compartments as per above in digital and hard copy format (min 3 copies) after the approval of the concept
3.     Technical Assistance throughout the work
4.     Other as may be requested
Questions and Requests for Clarifications
 
Questions regarding the technical or administrative requirements of this RFP may be submitted no later than October 25, 2020, 18:00 local Chisinau time by email to achirita@ict.md. Questions must be submitted in writing; phone calls will not be accepted. Questions and requests for clarification—and the responses thereto—that ATIC believes may be of interest to other offerors will be circulated to all RFP recipients who have indicated an interest in bidding.
 
Only the written answers issued by ATIC will be considered official and carry weight in the RFP process and subsequent evaluation. Any verbal information received from employees of ATIC or any other entity should not be considered as an official response to any questions regarding this RFP.
 
1.4       Offer Deadline
 
Offerors shall submit their expression of interest to participate and propose offers until November 6, 2020 via e-mail to achirita@ict.md.
Offerors shall submit their offers in hard-copy and/or electronically.
Hard-copy offers must be received no later than November 6, 2020 at the following address: 
In attention of Mrs. Ana Chirita,
Strategic Projects Director
Str. Studentilor 9/11
Emailed offers must be received by the same time and date at the following address:
In attention of Mrs. Ana Chirita, 
Strategic Projects Director
achirita@ict.md
Offerors are responsible for ensuring that their offers are received in accordance with the instructions stated herein. Late offers may be considered at the discretion of ATIC. 
 
1.5       Protocol for Submission of Offers
 
  1. Hard Copy Submissions:
 
Each offeror must submit its proposal in two separate volumes:  the Technical Volume and the Cost Volume.  The following number of copies is required in each submission:
1.         Technical and Cost Volume:  Three (3) original hardcopies and one (1) electronic copy on electronic portable device of the technical volume, per the instructions below.
2. All offers and related documents must be enclosed in sealed envelopes with the name and address of the offeror and the RFP number (“RFP No. Startup City Cahul-2020-001”) clearly marked on the outside.  The Technical Volume and the Cost Volume must be submitted together.   If multiple envelopes must be submitted due to the size of a proposal, offerors must ensure that each envelope is sealed and clearly marked with the information described above.
B.        Electronic Submissions:
The Offeror must submit the proposal electronically with attachments compatible with MS Word, Excel, or Adobe Portable Document (PDF) format in a Microsoft environment. Those pages requiring original manual signatures should be scanned and sent in PDF format as an email attachment.
All offers must be prepared in English, Romanian or Russian.
 
1.5.1    Technical and Cost Volume
 
1.5.1    Technical Volume
 
The Technical Volume should describe in detail the offeror’s proposed plan for providing the services and commodities described in the technical specifications found in Annex 1. It should demonstrate a clear understanding of the work to be undertaken and the responsibilities of all parties involved. The plan should include details on equipment, personnel, and subcontractors that the offeror will make available to carry out the required activities. The plan should also provide details on the anticipated delivery schedule, including an estimated completion date.
 
At a minimum, the Technical Volume must contain the following required completed documents:
For Consulting companies:
1. Letter of Transmittal (see Section 3)
2. Offeror’s Summary Sheet (see Section 4)
3. Completed/Signed Certifications (see Section 5).
6. Past Performance Information (see Section 2.4), including min 2 references from prior activities
9. Staffing capacity to undertake the current project
10. Copy of official registration or business license
11. CV of Team Members planned to be assigned
12. Copy of official architecture/design licenses
13. The Concept, including mandatory:
1.     Architects’ vision over the best positioning of the building based on the analysis of the study. For details, the feasibility study and reference towards various locations description is attached.
2.     The drafts of the concept for the building
3.     Location of various areas
4.     Approximate (estimative cost) of implementation of the proposed concept
5.     Budget for the execution of the above works
6.     Expected maintenance costs of the building under the proposed solution in MDL/per month
For independent consultants (individual or consortium):
1. CV
2. Past performance information, including references
3. Offer
4. Concept of delivery of the assignment
5. Copy of relevant licenses
Subcontracting arrangements:  If the execution of work to be performed by the offeror requires the hiring of subcontractors, the proposal must clearly identify the subcontractor(s), contact information of subcontractor(s), and the work they will perform.  ATIC will not refuse a proposal based upon the use of subcontractors; however, ATIC retains the right to approve or reject the specific subcontractors selected.
All electronic copies of documents in the Technical Volume must be in PDF, Microsoft Word or Microsoft Excel format.  
The information contained in the Technical Volume should not contain any cost- or price-related information.
 
 
1.5.2    Cost Volume
 
Taking into consideration the complexity of the work, the cost proposal is used to determine which proposals represent the best value and serves as a basis of negotiation before award of a subcontract.
 
It should offer a clear understanding upon the amount of work, different types of activities (if applicable), but offer a fixed price for the assignment taking into account all details.
 
In case the Offeror’s cost proposal exceeds the equivalent of EUR 50.000, the Offeror shall provide a bank guarantee in amount of 10% per model in annex No.3 below. The bank guarantee must be annexed to Cost Volume.
 
The cost proposal shall also include a budget narrative that explains the basis for the estimate of every cost element or line item. Supporting information must be provided in sufficient detail to allow for a complete analysis of each cost element or line item. ATIC reserves the right to request additional cost information if the evaluation committee has concerns of the reasonableness, realism, or completeness of an offeror’s proposed cost.
 
The agreement under which this procurement is financed does not permit the financing of any taxes, VAT, tariffs, duties, or other levies imposed by any laws in effect in the Cooperating Country. No such Cooperating Country taxes, charges, tariffs, duties or levies will be paid under an order resulting from this RFP.
 
The budget will be presented explicitly the cost for implementation and development of the solicited deliverables discussed at in section 1.2, as well as any potential additional works separately in a clear breakdown format by any specified compartments so that the evaluation committee can clearly differentiate and evaluate the proposed offers.  
 
1.6       Validity Period
 
Offers must remain valid for at least 30 calendar days after the offer deadline.
 
1.8       Eligibility of Offerors
By submitting an offer in response to this RFP, the offeror certifies that it and its principal officers are not debarred, suspended, or otherwise considered ineligible for an award. ATIC will not award a contract to any firm that is debarred, suspended, or considered to be ineligible.
1.9       Evaluation and Basis for Award
An or multiple awards will be made to the offeror whose proposal is determined to be responsive to this solicitation document, meets the eligibility criteria stated in this RFP, meets the technical, management/personnel, and corporate capability requirements, and is determined to represent the best value to ATIC. Best value will be decided using the tradeoff process.
This RFP will use the tradeoff process to determine best value. That means that each proposal will be evaluated and scored against the evaluation criteria and evaluation sub-criteria, which are stated in the table below. Cost proposals are not assigned points, but for overall evaluation purposes of this RFP, technical evaluation factors other than cost, when combined, are considered approximately equal to cost factors. If technical scores are determined to be equal or nearly equal, cost will become the determining factor.
In evaluating proposals, ATIC will use the following evaluation criteria and sub-criteria: 
 
Evaluation Criteria
Evaluation Sub-criteria
Maximum points
 
Concept and approach to the assignment
20 points
 
Timeframe
20 points
 
Past performance information
20 points
 
Overall cost proposal provided
40 points
Total Points – Technical and Cost Approach                                   100 points
 
1.10     Negotiations
 
Best and final price quotations are requested from all offerors. It is anticipated that awards will be made solely on the basis of these original quotations. However, ATIC reserves the right to conduct negotiations and/or request clarifications prior to awarding a subcontract. 
 
1.11     Terms and Conditions of Subcontract
 
This is a Request for Proposals only. Issuance of this RFP does not in any way obligate ATIC, Sweden or EU to award a subcontract, nor does it commit ATIC, Sweden or EU to pay for costs incurred in the preparation and submission of a proposal.
 
This solicitation is subject to the Draft Order Terms and Conditions detailed in Section 2. Any resultant award will be governed by these terms and conditions. ATIC reserves the right to make revisions to the content, order, and numbering of the provisions in the actual subcontract document prior to execution by ATIC and the selected awardee. Issuance of a subcontract award is subject to availability of sufficient funds.
 
 
 
Section 2. Background, Scope of Work, Deliverables and Deliverable Schedule
 
 
2.1      Technical Specifications
 
As specified in the Assignement compartment 1.2, ATIC is looking to subcontract one or several companies to deliver consulting services as stated described at 1.2 (Assignement).
 
 
2.2       Delivery Requirements
 
 
The delivery location for the items described in this RFP is Tekwill, str. Studentilor 9/11.  As part of its response to this RFP, each offeror is expected to provide an estimate (in calendar days) of the delivery and execution timeframe (after receipt of order). The delivery estimate presented in an offer in response to this RFP must be upheld in the performance of any resulting contract.
The delivery estimate presented in any offers in response to this RFP must be honest, accurate, and upheld in the performance of any resulting subcontract or order.
 
Section 3: Draft Order Terms and Conditions                                               
 
In the event of a subcontract award resulting from an offer submitted in response to this RFP, the following terms and conditions will apply:
 
1.     All commodities, if applicable, delivered under this subcontract must be transferable to the donor, or another entity in the Cooperating Country designated by ATIC.
2.     Delivery Terms
A.     Delivery terms are ____TBD_____.  The Subcontractor shall deliver the deliverables as set forth to the delivery locations
B.     Time is of the essence.  By executing this subcontract, the Subcontractor confirms that it accepts that the delivery schedule stated herein is reasonable, and will comply with the delivery schedule.
C.    Customs clearance.  The Subcontractor shall clear any international shipments through customs and deliver them to the appropriate location(s) specified in Article 5.  ATIC is responsible for providing the Subcontractor with the necessary documentation required by Moldovan customs officials for duty-free customs clearance.
D.    Consignee address.  For any international shipments requiring customs clearance in the Moldova, the following consignee address shall be used on each shipment to facilitate duty-free and tax-free customs clearance.
 
 
  1. PAYMENT AND FINANCIAL OBLIGATIONS
 
3.1 Subcontract Price
 
The Subcontractor shall complete all work (including furnishing all labor, material, commodities, equipment, and services) required under this subcontract for the fixed price of                    TBD                . This price shall include all equipment, commodities, shipping costs, licenses, permits, administration costs, labor costs, materials, overhead, profit, and all other costs, if appropriate and relevant to the subcontract.
 
The Subcontractor will be paid the installment amounts listed under the column named “Payment Amount” only upon successful completion and acceptance by ATIC of all corresponding deliverables listed in the column named “Corresponding Deliverable Name.”
 
 
3.2 Payment Terms
 
ATIC will pay the total price through a series of installment payments as provided in Article 9 above, after Subcontractor’s completion of the corresponding deliverables and ATIC’ acceptance thereof. The Subcontractor may submit invoices for deliverables that have been accepted and approved by the authorized ATIC representative. ATIC will pay the Subcontractor’s invoice within fifteen (15) days after the following conditions have been fulfilled:
a)     the Subcontractor has delivered a proper invoice
b)     ATIC has issued an inspection certificate
 
Payment will be made in MDL or EUR based on the location of the company providing services, paid via wire transfer to the account specified in the Subcontractor’s invoice. Payment of unpaid balances will be made upon completion and final acceptance of all works and deliverables by ATIC. Any invoices for services rendered and deliverables submitted—but not accepted by ATIC—will not be paid until the Subcontractor makes sufficient revisions to the deliverables such that ATIC may approve the deliverables and thus the invoice.
      
3.3 Invoice Requirements
 
The Subcontractor shall present an invoice to ATIC only for services and/or commodities that have been accepted by ATIC. The invoice must be an original invoice, submitted to:
 
ATIC
Attention: Accountant Office
National Association of ICT Companies | Startup City Cahul Project
 
To constitute a proper invoice, the Subcontractor’s invoice must include the following information and/or attached documentation. This information will assist ATIC in making timely payments to the Subcontractor:
 
  1. Subcontractor legal name, subcontract number, invoice date, and invoice number.
  2. Deliverable(s) number, description of approved deliverable(s), and corresponding value.
  3. Bank account information to which payment shall be sent.
 
3.4 Cooperating Country Fees, Taxes, and Duties
 
This subcontract is entered into by ATIC on behalf of the Startup City Cahul Project, financed by the European Union through Sweden. 
As such, this subcontract is free and exempt from any taxes, VAT, tariffs, duties, or other levies imposed by the laws in effect in Republic of Moldova.  The Subcontractor shall not pay any host country taxes, VAT, tariffs, duties, levies, etc. from which this program is exempt.  In the event that any exempt charges are paid by the Subcontractor, they will not be reimbursed to the Subcontractor by ATIC.  The Subcontractor shall immediately notify ATIC if any such taxes are assessed against the Subcontractor or its subcontractors/suppliers at any tier.
The Subcontractor is responsible for payment of all applicable taxes, as prescribed under the applicable laws, associated with wages/salaries/compensation for services rendered by individuals employed by the Subcontractor and who are directed to work as required under this Subcontract.  The Subcontractor is liable for payment of all applicable taxes associated with revenues (profit), and other such taxes, fees, or dues for which Subcontractor is normally responsible as a result of operating its business.
3.5 Set-Off Clause
 
ATIC reserves the right of set-off against amounts payable to Subcontractor under this subcontract or any other agreement in the amount of any claim or refunds ATIC may have against the Subcontractor.
 
 
  1. Grounds for disqualification:
 
1. A firm may be excluded from the evaluation and the award of a contract, who:
a) is bankrupt or is being wound up, whose affairs are being administered by court, who has entered into an arrangement with creditors, who has suspended business activities or who is subject of an injunction against running business by court;
b) is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by court, or for an arrangement with creditors or of any other similar proceedings;
c) has been convicted of an offence concerning his professional conduct by a court;
d) has been found guilty of grave professional misconduct; or
e) has not fulfilled obligations relating to payments of taxes or social security contributions.
 
2. Economic resources provided by the EU under this Project shall not be made available to, or for the benefit of, third parties - whether entities, individuals or groups of individuals - designated by the EU as subject to restrictive measures in the lists provided at www.sanctionsmap.eu (“EU Restrictive Measures”).
 
 
  1. Anti-Kickback
 
(a)       Definitions.
 
  • Kickback, as used herein, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind, which is provided, directly or indirectly, to ATIC, the Startup City Cahul project office or any of its employees, the Subcontractor or Subcontractor employees, or vendors in any way related to the performance or subsequent activities of this subcontract, for the purpose of improperly obtaining or rewarding favorable treatment in connection with this subcontract.
  • Person, as used in this article, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.
  • Subcontractor employee, as used in this article, means any officer, partner, employee, or agent of the Subcontractor.          
 
(b)       The Subcontractor and its employees, whether directly or indirectly engaged in the performance of this subcontract, agree to abide by the terms of The United States Anti-Kickback Act of 1986, which prohibits any person from providing or attempting to provide any kickback; soliciting, accepting, or attempting to accept any kickback; or including, directly or indirectly, the amount of any kickback in the contract price charged by the Subcontractor to ATIC.
 
When the Subcontractor has reasonable grounds to believe that a violation described in paragraph (b) of this provision may have occurred, the Subcontractor shall promptly report in writing the possible violation. Such reports shall be made to ATIC, who shall forward the report to the donors for notification and investigation, as required.
 
ATIC may offset the amount of the kickback against any monies owed by ATIC under this fixed price subcontract or order the monies withheld from future payments due the Subcontractor.
 
The Subcontractor agrees to include the substance of this article in any contract it may issue under this subcontract.
 
 
  1. Compliance with Applicable Laws and Standards
 
The Subcontractor shall perform all work, and comply in all respects, with applicable laws, ordinances, codes, regulations, and other authoritative rules of Sweden, European Union and Moldova and its political subdivisions and with the standards of relevant licensing boards and professional associations. The Subcontractor shall also comply with the applicable EU and Sweden regulations governing this subcontract, which are incorporated by reference into this subcontract, Clauses Incorporated by Reference.
 
 
 
  1. Intellectual Property Rights
 
The ownership of all copyright and other intellectual property rights in respect of any data compilations, research, spreadsheets, graphs, reports, diagrams, designs, work products, software, or any other documents, developed in connection with this subcontract will exclusively vest in or remain with ATIC, which shall have all proprietary rights therein, notwithstanding that the Subcontractor or its employees may be the author of the intellectual property. All documents relating to the intellectual property or otherwise connected with this fixed price subcontract, the services, or duties must be returned or delivered to ATIC at the time of the expiration or termination of the subcontract. The Subcontractor agrees not to publish or make use of any of the intellectual property, or documents relating thereto, without the prior written approval of ATIC and proper attribution.
 
 
  1. Modifications
 
Modifications to the terms and conditions of this subcontract, including any modification to the scope of work, may only be made by written agreement between authorized personnel of both Parties. Each Party shall give due notice and consideration to any proposals for modification made by the other Party.
 
  1. Changes
 
fATIC may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this subcontract in the services to be performed.
 
If any such change(s) causes an increase or a decrease in the cost, or the time required for the performance, or any part of the work under the subcontract, an equitable adjustment shall be made in the subcontract price or delivery schedule, or both, and the subcontract shall be modified in writing accordingly. Any claim by the Subcontractor for adjustment under this subcontract must be asserted within 30 (thirty) days from the date of receipt by the Subcontractor of the modification or change.
 
  1. Assignment and Delegation
 
This subcontract may not be assigned or delegated, in whole or in part, by the Subcontractor without the written consent of ATIC. Absent such written consent, any assignment is void.
 
  1. Termination
 
ATIC reserves the unilateral right to terminate this fixed price subcontract at any time, paying for all deliverables completed at the time of termination and a pro-rata share of any deliverable in progress.
 
In the event that the Subcontractor fails to make progress so as to endanger performance of this fixed price subcontract, or is unable to fulfill the terms of this fixed price subcontract by the completion date, the Subcontractor shall notify ATIC forthwith and ATIC shall have the right to summary termination of this fixed price subcontract upon written notice.
 
 
Documents: