Trade Agreement: Canadian Free Trade Agreement (CFTA) Tendering Procedures: Generally only one firm has been invited to bid Non-Competitive Procurement Strategy: Exclusive Rights Comprehensive Land Claim Agreement: No Vendor Name and Address:
ULTRA ELECTRONICS TCS INC. 5990 CH DE LA COTE DE LIESSE MONT-ROYAL Quebec Canada H4T1V7 Nature of Requirements:
Amendment 001 is being issued to modify the closing date from July 2, 2020 at 2PM to June 8, 2020 at 2PM.
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ADVANCE CONTRACT AWARD NOTICE
1. General
An Advance Contract Award Notice (ACAN) is a public notice indicating to the supplier community that a department or agency intends to award a contract for goods, services or construction to a pre-identified supplier, thereby allowing other suppliers to signal their interest in bidding, by submitting a statement of capabilities.
If no supplier submits a statement of capabilities that meets the requirements set out in this ACAN, on or before the closing date stated in the ACAN, the contracting officer may then proceed with the award.
2. Controlled Goods Requirement
As the resulting contract will require the production of or access to controlled goods that are subject to the Defence Production Act, R.S. 1985, c. D-1, bidders are advised that within Canada only persons who are registered, exempt or excluded under the Controlled Goods Program (CGP) are lawfully entitled to examine, possess or transfer controlled goods. Details on how to register under the CGP are available at: Controlled Goods Program,
https://www.tpsgc-pwgsc.gc.ca/pmc-cgp/quellessont-whatare-eng.html
3. Requirement
The Department of National Defence (DND) has a requirement for a Microwave data radio.
This procurement will address capability deficiencies and obsolescence identified with current in-service equipment at DND.
The Data Radio must:
3.1 be capable of exchanging data over the air with an AN/GRC-245;
3.2
be capable of transmitting and receiving 10/100/1000BaseT Ethernet data;
3.3 be ruggedized for Army Tactical Use in accordance with MIL-STD-810G for Environmental Engineering: 3.3.1
function normally at temperatures from -40 to +60 C; 3.3.2
function normally and survive blowing rain, sand & dust; 3.3.3
survive without damage transport in a land mobile environment as loose cargo; 3.4 be capable of operating in Band III+ and Band IV; 3.5 be capable of a full duplex data rate equal to or greater than 36 Mbps;
3.6 support Point to Point, Point to Multi-Point and Mesh network topologies; 3.7 support relay configuration, with minimum of two simultaneous radio links on separate external antennas;
3.8 support 100/1000 Base Ethernet for data channel and user interface;
3.9 weigh less than or equal to 22 lbs in order to be installed on in-service mast with rotator; 3.10 be proven and tested in a theater environment - developmental and/or untested products will not be considered, and; 3.11 be compliant with MIL-STD-461G standards for ElectroMagnetic Interference and ElectroMagnetic Compatibility.
4. Target Product
The Ultra TCS ORION X500 Radio is the only known product that operates in NATO Band III+ and Band IV frequencies and interoperates with the in-service AN/GRC-245. It meets DND's stated requirements.
Taking into consideration the critical compatibility requirement with the current in-service equipment and inter-operability with DoD's communications infrastructure, the Ultra ORION Radio is the only known product that addresses DND's capability deficiencies and meets it's form, fit and functional requirements.
5. Quantity
The Contractor must be able to provide a quantity of (44) forty-four radios along with pertinent accessories and ancillaries as a complete system.
Optional quantity of up to twenty (20) additional radio systems and ancillaries may be purchased by Canada up until March 31, 2022.
6. Criteria for Assessment of the Statement of Capabilities
Any interested supplier must demonstrate and substantiate by way of a Statement of Capabilities that has the following mandatory capabilities:
6.1 It has a system that has been deployed by a NATO military force;
6.2 It has a system that can inter-operate over the air with the in-service AN/GRC-245;
6.3 It has a system that meets all the mandatory requirements of DND as described in 3 above;
7. Trade Agreements and/or other Obligations
This procurement is excluded from the following Trade Agreements: NAFTA:
The services required are related to FSC 5820 - GSIN 5820, which are excluded in accordance with North American Free Trade Agreement (NAFTA) Annex 1001.1b-2, Section B, Item J;
WTO-AGP:
The services required are excluded in accordance with the World Trade Organization - Agreement on Government Procurement (WTO-AGP) Appendix 1, General Notes 1(c);
CLCA:
The Comprehensive Land Claims Agreements (CLCA) do not apply because the delivery points do not fall within the geographic areas covered by the CLCAs.
This procurement is subject to the Canadian Free Trade Agreement (CFTA): The Canadian Free Trade Agreement applies to this procurement.
The limited tendering strategy is in accordance with Article 506.12. (a) as there is only one supplier who is able to meet the requirements of the procurement.
Specifically, in order to ensure compatibility and interoperability with existing installed tactical communicational infrastructure, the services can be supplied by only a particular supplier due to the Exclusive Rights of the supplier.
8. Government Contracts Regulations Exception and Limited Tendering Reason
Canada intends to award this contract to Ultra Electronics TCS Inc. as it has been identified as a Sole-source vendor that can provide the goods and services required.
Ultra Electronics TCS Inc. is the Original Equipment Manufacturer (OEM) and has the intellectual property rights for the software, firmware and the legacy equipment that is currently in service at DND.
This meets the requirements for sole source procurement in accordance with GCR, part 1, article 6(d), where only one person/company is capable of performing the contract.
9. Ownership of Intellectual Property
There will not be any intellectual property (IP) developed under this contract. Ultra Electronics TCS Inc. holds the Intellectual Property (IP) rights for its equipment, software and firmware and the IP rights will reside with the supplier.
10. Period of Performance of the Proposed Contract
The contract period will be from the contract award date to March 31, 2022.
11. A Cost Estimate of the Proposed Contract
Total cost of this contract is estimated at $8,184,247.95 CDN, including GST and QST and excluding the optional quantities.
12. Name and Address of the Proposed Contractor
Ultra TCS 5990 Côte de Liesse Montreal, Quebec Canada H4T 1V7
13. Suppliers' Right to submit a Statement of Capabilities
Suppliers, who consider themselves fully qualified and available to provide the services and/or goods described herein, may submit a Statement of Capabilities in writing to the contact person identified in this notice on or before the closing date of this notice. The statement of capabilities must clearly demonstrate how the supplier meets the advertised requirements.
PWGSC intends to award "one" contract to a bidder that can supply the complete system including Radio and pertinent accessories and ancillaries.
14. Closing Date for a Submission of a Statement of Capabilities
The closing date for a submission of a statement of capabilities is on the covering page of this notice.
15. Inquiries and Submission of Statements of Capabilities
Please submit statements of capabilities or inquiries to:
Mr. Andy Groulx Public Works and Government Services Canada Defence and Marine Procurement Branch
Electronics, Munitions and Tactical Systems Procurement Directorate
Defence Communications Division (QD) 11 Laurier Street Place du Portage, Phase III, 8C2 Gatineau, Quebec, Canada K1A 0S5
Telephone:
(873) 355-3345 E-mail:
Andy.Groulx@tpsgc-pwgsc.gc.ca
Delivery Date: Above-mentioned
You are hereby notified that the government intends to negotiate with one firm only as identified above. Should you have any questions concerning this requirement, contact the contracting officer identified above.
An Advance Contract Award Notice (ACAN) allows departments and agencies to post a notice, for no less than fifteen (15) calendar days, indicating to the supplier community that it intends to award a good, service or construction contract to a pre-identified contractor. If no other supplier submits, on or before the closing date, a Statement of Capabilities that meets the requirements set out in the ACAN, the contracting authority may then proceed with the award.
However, should a Statement of Capabilities be found to meet the requirements set out in the ACAN, then the contracting authority will proceed to a full tendering process.
Suppliers who consider themselves fully qualified and available to provide the services/goods described herein, may submit a statement of capabilities electronically to the contact person identified in this Notice on or before the closing date of this Notice. The statement of capabilities must clearly demonstrate how the supplier meets the advertised requirements.
The Crown retains the right to negotiate with suppliers on any procurement.
Documents may be submitted in either official language of Canada. Delivery Date: Above-mentioned
You are hereby notified that the government intends to negotiate with one firm only as identified above. Should you have any questions concerning this requirement, contact the contracting officer identified above.
An Advance Contract Award Notice (ACAN) allows departments and agencies to post a notice, for no less than fifteen (15) calendar days, indicating to the supplier community that it intends to award a good, service or construction contract to a pre-identified contractor. If no other supplier submits, on or before the closing date, a Statement of Capabilities that meets the requirements set out in the ACAN, the contracting authority may then proceed with the award.
However, should a Statement of Capabilities be found to meet the requirements set out in the ACAN, then the contracting authority will proceed to a full tendering process.
Suppliers who consider themselves fully qualified and available to provide the services/goods described herein, may submit a statement of capabilities in writing to the contact person identified in this Notice on or before the closing date of this Notice. The statement of capabilities must clearly demonstrate how the supplier meets the advertised requirements.
The PWGSC file number, the contracting officer's name and the closing date of the ACAN must appear on the outside of the envelope in block letters or, in the case of a facsimile transmission, on the covering page.
The Crown retains the right to negotiate with suppliers on any procurement.
Documents may be submitted in either official language of Canada.
