Uredba o ratifikaciji Memoranduma o soglasju (MOS) med Ministrstvom za obrambo Republike Slovenije, ki ga zastopa minister za obrambo, in Ministrstvom za obrambo Združenega kraljestva Velike Britanije in Severne Irske, ki ga zastopa državni sekretar za obrambo, o sodelovanju na področju obrambnega materiala

CONTENTS

1. Introduction
2. Objectives and scope
3. Management Organisation
4. Quality assurance
5. Security and visits
6. Claims and liabilities
7. Use and disclosure of information
8. Financial matters
9. Disputes
10. Termination, amendment and duration
11. Signature

1. INTRODUCTION

1.1 The Ministry of Defence of the Republic of Slovenia as represented by the Minister of Defence and the Ministry of Defence of the United Kingdom of Great Britain and Northern Ireland as represented by the Secretary of State for Defence hereinafter jointly referred to as “the Participants”,
recognising it would be to their mutual advantage to strengthen relations;
wishing to strengthen their defence capabilities through defence materiel collaboration and co-operation in the development and supply of defence equipment;
wishing to co-operate in defence materiel requirements; and
wishing to co-operate in the fields of logistic support and technical information;
have reached the following understandings:
a. to seek to facilitate the supply of defence equipment and services to either of the Participants;
b. to promote co-operation and foster joint development and procurement of defence equipment to meet common or similar requirements;
c. to identify joint activities which would serve the principles of standardisation and interoperability to the benefit of the Participants; and
d. to provide mutual support by encouraging and facilitating the exchange of defence technical and equipment related information, materiel and personnel.

2. OBJECTIVES AND SCOPE

2.1 The Participants will seek to facilitate the fair and efficient supply of defence equipment and services between their two countries as far as international and national laws and regulations permit.
2.2 The Participants will jointly determine, where appropriate, to provide information about forthcoming bid opportunities and proposed contracts in a timescale that will enable interested companies to obtain copies of the tender documents necessary for the preparation and submission of their bids. The information so provided will be intended both for prime contractors and manufacturers of sub-assemblies, sub-systems and components. In the case of the United Kingdom this will normally be contained in the MOD Contracts Bulletin. In the case of Slovenia this will be contained in the Official Bulletin of the Republic of Slovenia.
2.3 The Participants intend that bids and contracts will be subject to the normal procurement rules and procedures of the purchasing Participant; that bids will be given full and impartial consideration regardless of the country of origin of the supplier; and that where a bid from a company in the other country is not accepted then, if that company feels that its bid was rejected without reasonable cause, the purchasing Participant will, on request, inform the other Participant of the reasons for the decision.
2.4 The scope of co-operative activities under this MOU may include any aspect of defence materiel co-operation of mutual interest, including but not limited to:
a. the determination and periodic review of the specific common equipment requirements of the Armed Forces of both Participants and the extent to which development of defence equipment projects may be undertaken jointly;
b. identification of possible collaboration in the purchase of equipment to meet common requirements of the Armed Forces of each Participant including logistics support of equipment procured jointly if common to both Participants;
c. mutual assistance in technical evaluations, test and trials, in developing operational and maintenance concepts, in reaching contractual understandings with prime contractors and organising life cycle support for equipment in-service;
d. organisation of bilateral conferences and symposia on current or future equipment programmes;
e. the exchange of information and the provision of quality assurance services.
2.5 This MOU defines the general principles of co-operation on specific projects. When a specific form of co-operation is identified an Implementing Arrangement will be concluded pursuant to this MOU which will define task objectives; agency of primary interest and project authorities; intellectual property rights and the degree of classification of technical data; cost share and any other financial arrangements; audit arrangements and procedures; contractual arrangements; liability; the frequency and types of reports to be submitted; and other provisions that may be required.

3. MANAGEMENT ORGANISATION

3.1 To assist these arrangements, the participants will establish a Joint Committee to review progress arising under this MOU. The Joint Committee will meet on an annual basis alternately in the United Kingdom and Slovenia. The host Participant will act as chairman and provide the secretarial support. Both Participants will have one vote each and decisions will be taken unanimously.
3.2 The Chairman of the United Kingdom side of the Joint Committee will be the Regional Marketing Director 4 and the members will be nominated by the United Kingdom Ministry of Defence. The Chairman of the Slovene side of the Joint Committee will be the Director of Armament Department and the members will be nominated by the Ministry of Defence of the Republic of Slovenia.

4. QUALITY ASSURANCE

4.1 Each MOD will inform the other MOD whether their international manufacturers/suppliers conform to the quality control standards to which such suppliers are cleared for defence equipment or related services adopted by their own nation. Following the letting of contracts, each MOD will, on request and subject to available resources, provide a Quality Assurance service to the other MOD equivalent to that applied to purchases made within their own nation, in accordance with Annex A.

5. SECURITY AND VISITS

5.1 Where programmes, developed under this MOU necessitate the exchange of classified information, arrangements for the exchange and safeguarding of such information will be determined on a case by case basis and detailed in an associated Implementing Arrangement.
5.2 All visiting personnel will comply with the security regulations of the host country. Any information disclosed or made available to visitors will be treated in accordance with the provisions of paragraph 5.1.
5.3 Requests for visits by personnel of one country to a facility of the other country will be co-ordinated through normal channels, and will conform to the established visits procedure of the host country. Requests for visits will bear the name of this MOU.

6. CLAIMS AND LIABILITIES

6.1 Without prejudice to any specific arrangements in any Implementing Arrangement to this MOU, each Participant waives any claim it may have against the other Participant or any serviceman, servant or agent of the other Participant for injury (including injury resulting in death) suffered by its service personnel, servants or agents or for damage to or loss of property owned by it if such injury, death, damage or loss was caused by the acts or omissions of the other Participant or any such serviceman, servant or agent of that other Participant in the performance of official duties in connection with this MOU.
6.2 Each Participant will deal with and settle, at its own cost, any third party claims arising from its own acts or omissions or those of its servicemen, servants or agents which result in injury, death, loss or damage done in the performance of official duties in connection with this MOU.

7. USE AND DISCLOSURE OF INFORMATION

7.1 Recognising the commercial value of information, the recipient Participant of any information which includes documents, technology or materiel, whether or not the subject of copyright, patent, registered or unregistered designs or like protection, will ensure that any information supplied under this MOU is not used or disclosed for any purpose other than that for which it was provided, without the consent of the originating Participant, and that such information is afforded the full measure of legal protection available. In the absence of specific instructions for use the recipient Participant will protect the information on the basis that it has been supplied for information purposes only and may not be disclosed outside the recipient’s Government circles.
7.2 If the owner of the information supplied under this MOU suffers loss or damage through the unauthorised disclosure or use of the information either by the recipient Participant or by a third party to whom the recipient Participant has disclosed the information, then the recipient Participant will compensate the owner of the information for the unauthorised disclosure or use. In determining the liability for compensation, it will be assumed that the information was supplied directly by the owner to the recipient Participant and the unauthorised use was made by the recipient Participant.
7.3 The payment by the recipient Participant of compensation under sub-section 7.2 will not prevent the owner of the information from exercising his legal rights against the person or persons who have, without authority, disclosed or misused the information, but any compensation recovered by exercising these rights will be used to offset any payment already made by the recipient Participant for the same purpose.
7.4 The recipient Participant will not pass, sell or disclose to a person holding the nationality of any nation which is not a Participant of this MOU, or to any international organisation, any information, documents, technology or materiel, whether classified or not, supplied under this MOU, nor will he publicly disclose any such information, whether classified or not, without the prior written permission of the originating Participant.
7.5 Each Participant will take all lawful steps available to keep information received or generated in confidence under this MOU free from disclosure under any legislative provision, unless the other Participant consents to such disclosure. If it becomes probable that information may have to be disclosed under such provision, immediate notification will be given to the other Participant.
7.6 To assist in providing the desired protection, each Participant will mark information provided to the other in confidence with a legend indicating the country of origin, the security classification, the conditions of release and the fact that the information is provided in confidence.
7.7 The responsibilities of confidentiality on a recipient Participant required by this section will not apply to information which:
a. is, or becomes, rightfully into the possession of the recipient Participant without relevant restrictions; or
b. is in, or enters, the public domain without breach of this MOU and is made available for unrestricted use.
7.8 Specific arrangements for the protection of intellectual property associated with projects and programmes pursued under this MOU will be included in the relevant Implementing Arrangements raised in accordance with Section 2.5.

8. FINANCIAL MATTERS

8.1 This MOU will not impose any financial responsibilities on either Participant except that each Participant will be responsible for its own costs incurred in implementing this MOU. Specific cost sharing arrangements relating to co-operation or collaborative programmes will be negotiated as part of any specific Implementing Arrangement which may be developed under this MOU.

9. DISPUTES

9.1 Any disputes regarding the interpretation or application of this MOU will be resolved by consultation between the Participants concerned and will not be referred to any national or international tribunal or any other third party for settlement.

10. TERMINATION, AMENDMENT AND DURATION

10.1 This MOU becomes effective when the Slovene side informs the UK side that all the conditions for its becoming effective have been met by the Slovene side and will remain in effect for a period of ten years from that date. It may be extended for similar periods, or for such periods as are considered desirable at the time, or terminated through joint written consent of the Participants.
10.2 In the event that either Participant wishes to discontinue its participation in these arrangements, it will give notice in writing to the other Participant 90 days before the effective termination date.
10.3 Notwithstanding the provisions of Section 10.2, the termination of the MOU will not affect any contracts coming within the scope of this MOU and they will continue until due discharge by performance.
10.4 The rights and responsibilities of the Participants regarding Security and Visits (Section 5); Use and Disclosure of Information (Section 7); Disputes (Section 9); and Termination, Withdrawal and Signature (Section 10) will continue in effect irrespective of any withdrawal, termination or expiry of this MOU.
10.5 This MOU may be amended with the joint written consent of both Participants.

11. SIGNATURE

The foregoing represents the understandings reached between the Government of the Republic of Slovenia as represented by the Minister of the Defence and Government of the United Kingdom of Great Britain and Northern Ireland as represented by the Secretary of State for Defence upon matters referred to therein.
Signed in duplicate in the Slovene and English languages each text being equally valid.

&fbco;binary entityId="a90effddb-96a7-4c81-8dea-75627a1df4c0" type="gif"&fbcc;

ANNEX A

GOVERNMENT QUALITY ASSURANCE (GQA)

CONTENTS

DEFINITIONS
1. Introduction
2. Scope
3. References
4. Tasking of GQA Surveillance
5. Communication
6. Risk Considerations
7. Guidelines for Delegator
8. Guidelines Delegatee
9. GQA completion
APPENDICES
1. RGQA Format
2. Risk Evaluation
3. Planning
4. Certification of Completion of GQA

DEFINITIONS

The definitions in this Annex apply in addition to those given in ISO 8402 (Quality Management and QA Vocabulary).
Delegator
The authority of a purchasing country requesting GQA from the supplying country; this authority may be the Project/Program Manager or QA-department of the Government where the procurement department is a purchaser; or the QAR with the contractor who places a sub-contract in aid of a contract that will be subjected to GQA.
Delegatee
The appropriate national authority of a country providing GQA in his own country.
Government Quality Assurance (GQA)
The process by which the appropriate national authorities establish confidence that contractual requirements relating to quality are met.
National GQA Focal Point
The authority in a Participant country who is responsible for the operational implementation of GQA; i.e. that duties undertaken by the QAR.
Quality Assurance Representative (QAR)
The representative designated and authorised by the National Authority to perform GQA.
Request for Government Quality Assurance (RGQA)
The formal request of the Delegator to the Delegatee to perform GQA.
Risk
The product of the probability of an occurrence of an unwanted event and its impact.
Tasks
The Risk based activities, which should be performed by the QAR with respect to the RGQA.
1. Introduction
1.1 General
1.1.1 The provisions of this Annex are applicable to the Government Quality Assurance (GQA) of Defence materiel and services which are procured for the Armed Forces of the Participants, which are to be supplied by an agency or contractor.
1.1.2 The requesting authority of the purchasing nation (Delegator) will initiate a GQA request in order to seek confirmation that the supplying authority (Delegatee) is able to perform GQA in accordance with procedures embodied in this Annex.
2. Scope
2.1 This document provides guidance for the delegation and acceptance of GQA under the arrangements of the MOU, and identifies the elements involved in planning and implementing surveillance activities. It describes the Delegators responsibilities to identify quality Risks and to detail related “Tasks” for inclusion in the Request for Government Quality Assurance (a suitable RGQA form is shown at Appendix 1 to this Annex).
3. References
3.1 Documents relevant to this Annex are listed below:

ISO-8402   “Quality Management and QA – Vocabulary”
AQAP-100   “General Guidance on NATO Quality Assurance”
AQAP-110   “NATO Quality Assurance Requirements for Design, 
            Development and Production”
AQAP-119   “NATO guide to AQAPs 110,112 and 130”
AQAP-120   “NATO Quality Assurance Requirements for Production”
AQAP-130   “NATO Quality Assurance Requirements for Inspection”
AQAP-150   “NATO Quality Assurance Requirements for Software 
            Development”
AQAP-159   “NATO GUIDE TO AQAP-150”

4. Tasking of GQA Surveillance
4.1 The Delegator will formally “Task” the Delegatee based on the results of Risk analysis. Formal acceptance, amendment and completion of the “Task” must be recorded. The Delegatee should plan for apply GQA actions to assure the Delegator that the Tasking requirements have been met and ensure records reflecting the GQA activity are established and maintained.
4.2 It is essential that effective communication is established between the Delegator and Delegatee as early as possible in the procurement cycle. When the requested GQA actions cannot be accomplished, the Delegatee should formally notify the Delegator, together with recorded reasons for non-acceptance.
4.3 The Task description must be updated as the contract requirements change, and the Delegatee formally advised. If due to urgency the Delegatee is requested to follow verbal instructions, the Delegator will still process the request in writing/fax through the National GQA Focal Point (see addresses at 7.2.4) who will advise the Delegatee accordingly.
5. Communications
5.1 The Delegator should be consulted when any arising is judged to have a significant affect on the quality of the product. The Delegatee will provide copies of any GQA progress reports required, and should be informed of relevant correspondence between the Delegator and the contractor.
6. Risk Considerations
6.1 General
6.1.1 GQA in the supplying country will be requested only when quality cannot be satisfactorily verified upon receipt, and where areas of Risk associated with the product or the contractor have been identified. The Delegator should establish whether GQA would eliminate or reduce the identified Risk, and to what extent. GQA at source, of low Risk, simple, commercial or low value items, shall not be Tasked.
6.1.2 Risk evaluation is to be conducted in accordance with National Practices.
6.1.3 Guidances on Risk Evaluation is provided at Appendix 2.
7. Guidelines for Delegator
7.1 Preparation.
7.1.1 General
7.1.1.1 Following Risk assessment, if GQA at source is required the Delegator should then ascertain that all the following prerequisites have been met:
– determine that the contract and related documents provide for the conduct of GQA including the QAR’s right of access at the contractors and relevant sub-contractors premises. These documents should be available to the Delegatee in a language agreed by the concerned parties;
– determine the appropriate Quality System requirement, as described in AQAP-100, has been incorporated in the contract;
– determine that necessary stipulations for expenses for material expended in GQA or for other heavy costs have been included in the contract or in other appropriate agreements;
– determine that arrangements for deviation permits and waivers have been incorporated in the contract;
– determine that a quality assurance clause has been incorporated in the contract.
Note: An example of a suitable clause is: “All requirements of this contract are subject to GQA to the satisfaction of .............. or authorised representative, who will notify you of the GQA activity to be performed”.
7.1.1.2 Any corrective action arising from the above should be carried out before formally requesting GQA.
7.2 Delegation
7.2.1 Having completed all preliminary work, the Delegator is to complete the Request for Government Quality Assurance (RGQA) and forward it together with the necessary contractual documents to the Delegatee.
7.2.2 The Delegator is responsible for providing the Delegatee with all the necessary information in time to permit the Delegatee to plan, prepare and perform the defined GQA. Tasks are to be based on Risk assessment and evaluation and are to be mutually determined between the Delegator and Delegatee. Detailed instructions are to be avoided unless they are process specific and necessary to assure quality.
7.2.3 Deviation permits and waivers
7.2.3.1 The Tasking document (RGQA) should contain clear and detailed instructions to the Delegatee for the handling of applications for deviation permits and waivers.
7.2.4 Requests for UK GQA, and associated correspondence, will be sent to:
Assistant Directorate Procurement Management Policy (Quality Assurance)
Floor 2
Walnut (10)
MOD Abbey Wood
PO Box 702
Bristol
BS12 7DU
Tel: 0117-9131774
Fax: 0117-9131924
7.2.5 UK requests for GQA and associated correspondence, will be sent to:
Ministrstvo za obrambo
Uprava za logistiko
Oddelek za standardizacijo
Kardeljeva ploscad 24
1000 Ljubljana
Tel: 61 171 2333
Fax: 61 171 2521
8. Guidelines for Delegatee
8.1 General
8.1.1 Pre-contract quality information.
8.1.1.2 Notification of acceptance/rejection of the RGQA is indicated by the return of the RGQA form, signed by the Delegatee, to the Delegator.
8.1.1.3 After acceptance of the RGQA, the Delegatee will review the “Tasks”, and provide the Delegator with a proposed surveillance plan detailing the planned response to the Tasked activities.
8.1.1.4 As Risks are eliminated and minimised during GQA activity, or new Risks appear, the Delegator should be advised so that if necessary, a “Task” amendment can be issued accordingly.
8.1.2 Quality Assurance Representative (QAR)
8.1.2.1 The National GQA Focal Point will arrange for a QAR with the authority and resources necessary to satisfy the request. The QAR assigned to this should normally be familiar with the industrial practices and techniques involved, and have the necessary competence and experience.
8.1.3 Review of RGQA and contract
8.1.3.1 To properly plan for the performance of the requested RGQA it is essential that the assigned QAR has knowledge of the requirements of the contract and related documents. The RGQA should thoroughly reviewed upon receipt to establish the necessary surveillance actions.
8.1.3.2 The QAR should document the results of the RGQA review and should include all significant factors pertaining to quality and the performance of GQA. Any unresolved matters, non-conformance or discrepancies noted should be communicated to the Delegator.
8.2 Planning GQA (see Appendix 3)
8.2.1 General
8.2.1.1 The purpose of planning is to decide how GQA can most effectively and economically be performed. GQA implementation should be initiated after acceptance of the RGQA, and should take into account the contractor’s proposed or established QA arrangements.
8.2.1.2 GQA activity may also be influenced by the fact that similar products are being subjected to GQA requests by difference Delegators. Planning can therefore include a group surveillance activity.
8.2.1.3 During the course of the contract performance, the QAR should remain alert to changes of conditions which could have an adverse effect on the changes. Any changes necessary should be brought to the attention of the Delegator for possible amendment of the RGQA Tasking arrangement.
8.2.1.4 Should the Delegatee find at any time during the course of the contract that he cannot proceed with GQA because of non-conformance in the contractor’s quality system or product, the Delegator should immediately be formally advised.
8.3 Delegation of GQA for subcontracts.
8.3.1 GQA at subcontractors must be arranged by the main contractors QAR in consultation with the Delegator. These activities may cover GQA in the delegating country, the country of the Delegatee, or in a third country.
8.4 Corrective and preventive action.
8.4.1 When the Delegator notifies the Delegatee of non-conforming product found on or subsequent to delivery, the Delegatee should, when Tasked, immediately arrange with the contractor to conduct an investigation into the cause of the non-conformity, to determine:
a. the status of similar product contract;
b. the appropriate corrective action;
c. the action necessary to prevent recurrence.
8.4.2 When a non-conforming product is returned to the contractor for investigation, and the Delegator requires QAR involvement the Tasking arrangements may require amendment.
8.4.3 Where GQA is required in connection with warranty claims, this action must be clearly detailed in the Tasking document.
8.5 Deviation Permits and Waivers.
8.5.1 Applications for deviation permits or waivers which are subject to decisions by the Delegator, should be forwarded to the Delegator via the QAR who may add his comments or recommendations is required by the Tasking arrangement.
8.5.2 Records of all QAR actions pertaining to applications for deviation permits or waivers should be maintained by the QAR for any subsequent action, and should be made available to the Delegator on request.
8.6 Charges
8.6.1 GQA in accordance with this MOU will be performed on a repayment basis.
8.6.2 Before any GQA is performed, the Delegatee will cost the work requested and obtain the Delegator’s consent to these costs before starting work.
8.6.3 Alternatively, to save time for consent, GQA in accordance with this MOU will be performed on a repayment basis of 2% of the order value.
9. GQA Completion
9.1 GQA is considered complete when the QAR has completed all of the Tasks in the RGQA, or when the Delegatee is notified by the Delegator that the requirements for GQA has been terminated.
9.2 The QAR should notify the Delegator of the satisfactory completion of the GQA by returning the form shown at Appendix 4.
9.3 Unless otherwise required, the quality records relating to RGQA should be kept for seven years after GQA completion.

APPENDIX 2
TO ANNEX A
RISK EVALUATION

Risk may be: Scientific Risk, Technological Risk, Engineering
Risk Supply Risk, Business Risk, Commercial Risk, Political
Risk, International Risk


The following two areas of Risk are considered worthy of
consideration and are detailed as examples:


Product Risk and Contractor Risk


In these two areas, difference "sub-aspects" should be
considered. Depending on the contract, one or more of these
sub-aspects may be important, and the following questions may
be relevant to these various aspects:


Product Risks
scientific Risk (relevant questions: Will it actually work?
Are the scientific principles proven? Do proven scientific
principles need to be extrapolated to a size/extent not
previously experienced? Is the specification within the bounds
of physical possibility?);
technological Risk (relevant questions: Does the current state
of technology allow the project to be undertaken within a
satisfactory level of Risk? Is the technology mature, proven
and in place to bridge the innovation gap?);
engineering Risk (relevant questions: What are the Risks
involved in the engineering processes required to design,
develop, manufacture and test? Will the necessary resources in
terms of plant, labour, skills, tooling be available to carry
out the required activities? Have procedures and facilities
been established with respect of configuration management? Are
three elements which cannot be completely defined in the
contract/technical specification? What discrepancies are there
between the contract acceptance test and the proposed service
operational environment?)


Contractor Risks
supply Risk (relevant questions: To what degree is the
contract dependent on the supply of product which is scarce
and/or may be subject to limitation or disruption? Are
fallback supply routes likely to be available? Can alternative
materiel be used and what penalties would arise from their
substitution?);
business Risk (relevant questions: What Risks may arise from
the contractor's operating situation, management system and
decision making? What is the financial, legal and management
stability of the company? What are sub-contract Risks?).

APPENDIX 3
TO ANNEX A

PLANNING


Paralleling contractor quality planning. The preparation of
the GQA surveillance programme should take account of the
contractor's quality planning, in order that GQA can be
completed at the correct stage of contract activity.


Contractor Quality History. Knowledge of the performance of a
contractor on previous defence contracts is advantageous to
refine GQA planning. Available date should be reviewed by the
QAR and provided to the Delegator when determining the
surveillance plan.


Pre-contract award information. When Tasked the QAR should
review and analyse and pre-award results pertaining to the
adequacy of the contractor's facilities and potential
capability to comply with the quality provisions of the
contract. Special attention should be given to those areas
reported deficient during the survey and where the contractor
had indicated his intention to correct or improve his
facilities or capabilities in the event of award.


Post-contract-award information. When it is determined after
contract award that the contractor does not have a clear
understanding of the quality requirements of the contract, a
post-award conference may be required to clarify contract
requirements and resolve misunderstandings. If this GQA
activity has not been included by the Delegator in the initial
Task, then a Task amendment will be required.


Specialised inspection requirements. Occasionally tests (such
as ballistic testing of ammunition) are contractually
specified. This may necessitate the use of specialised test
equipment or facilities nor normally available at a
contractor's plant. The QAR, when Tasked, should make
allowance for the verification of these activities in t he GQA
programme.


QAR action. When, in the view of the QAR, all identified Risks
have been eliminated or reduced, then a proposal should be
made to the Delegator to either reduce or discontinue
surveillance.