SEASONDE EQUIP. & INSTALL. SERVICES

Trade Agreement: Agreement on Internal Trade (AIT) Tendering Procedures: Generally only one firm has been invited to bid Attachment: None Non-Competitive Procurement Strategy: Exclusive Rights Comprehensive Land Claim Agreement: No Vendor Name and Address: CODAR OCEAN SENSORS 1914 Plymouth Street Mountain View California United States 94043 Nature of Requirements: SEASONDE EQUIP. & INSTALL. SERVICES

F1625-130178/A Dawson, Cindy Telephone No. - (819) 953-7336 ( ) Fax No. - (819) 956-5650

ADVANCE CONTRACT AWARD NOTICE

1. ACAN EXPLANATION

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 the ACAN, on or before the closing date stated in the ACAN, the contracting officer may then proceed with the award to the pre-identified supplier.

2. DEFINITION OF THE REQUIREMENT

Public Works and Government Services Canada, on behalf of The Department of Fisheries and Oceans (DFO), intends to negotiate with CODAR Ocean Sensors Ltd. in Mountain View, California, for the provision of a CODAR, SeaSonde Long Range High Frequency (HF) Radar System and installation services.

3. CRITERIA FOR THE ASSESSMENT OF THE STATEMENT OF CAPABILITIES (MINIMUM ESSENTIAL REQUIREMENTS)

Any interested supplier must demonstrate by way of a statement of capabilities that its Long Range HF Radar System meets the following minimum essential requirements:

The long range HF radar system (referred to as "the system") must be capable of producing hourly, high resolution, ocean surface current maps over the Hecate Strait area, extending from the entrance to Brown Passage to the North to the entrance to Caamano Sound to the South. These maps must be available, in real time, to scientists located in the Fisheries and Oceans Canada Institute of Ocean Sciences located in North Saanich, British Columbia. As well, the system must be capable of operating at a spatial resolution of 5 km (where sufficient radio bandwidth is available). The overall accuracy of currents must be 8 cm/sec or better.

All system components for a fully functioning, self-contained system are to be supplied and must include at least:

a. Transmitters; b. Receivers; c. Computers; d. Cables (including antenna cables); e. Antennas including masts and stays if required; f. Enclosures; g. Air conditioning; and h. Power conditioning for 110 volt 60 cps AC supply.

The system must be capable of operating in the International Telecommunication Union (ITU) designated bands and operate in accordance with ITU Resolution 612.

There are two installation sites for the radar system with limited space available for installation of the system equipment.

a. One of the stations of the system must be capable of being installed at the Sandspit Airport on Moresby Island. Such an installation must comply with all Transport Canada regulations for structures in close proximity to runways. Furthermore, it must not interfere with NAVCAN aids to navigation.

b. One of the stations of the system must be capable of being installed at Bonilla Lighthouse (see for scalable map). The islet where the Lighthouse is located is roughly tri-angular in shape with a total surface area of about 30000 m2. It is largely covered with trees and the exposed rock on its perimeter is very steep sided. Note that the rocks to the Southwest of the Light will be swept by waves and possibly logs during winter storms. In addition, most of the usable area is occupied by existing Coast Guard installations. Installation at this site must not interfere with Coast Guard operations of the lighthouse nor interfere with the self-contained Environment Canada weather station located on the outcrop to the west of light station out buildings.

The system must be capable of connecting to public communication networks; cell phone network at Sandspit and satellite network at Bonilla.

The system must be capable of operating in the weather conditions that occur at the Sandspit Airport. (See Environment Canada Weather Normals for Sandspit British Columbia for complete details). Some of these conditions are:

a. Wind gusts in excess of 160km/hr; b. 85% average relative humidity; c. Temperature range -15C to 28C; d. 8 cm rain per day; e. 0.8 meters of snow on the ground; and f. High levels of sea salt aerosols.

The system must be capable of operating in the weather conditions that occur at Bonilla Island lighthouse station. Generally, the weather conditions can be expected to be the similar to those found at Sandspit. In addition, salt laden spray will be common in rocky, exposed areas.

The system must have a proven record of accomplishment that can be demonstrated by providing at least 3 references from operators of systems installed in North America.

4. APPLICABILITY OF TRADE AGREEMENTS TO THE PROCUREMENT

This procurement is subject to the following trade agreement(s): The Agreement on Internal Trade (AIT).

5. JUSTIFICATION FOR THE PRE-IDENTIFIED SUPPLIER

This equipment is unique in that it is a system that uses a direction finding technology with equipment that takes up a much smaller area for installation and there are no similar products available on the market. This is believed to be the only piece of equipment that is able to meet our mandatory specifications. CODAR Ocean Sensors Ltd., in Mountain View, California has the exclusive rights to supply and install this equipment in western Canada.

6. GOVERNMENT CONTRACTS REGULATIONS EXCEPTION AND LIMITED TENDERING REASON

The sole source justification is based on the absence of competition for technical reasons and the goods can only be supplied by the proposed contractor and no alternative or substitute exists. The following limited tendering reasons pertain to this requirement: i) Government Contract Regulations, Part 1, Section 6, (d): Only one person or firm is capable of performing the contract; ii) Agreement on Internal Trade (AIT), Article 506, 12. (b): Where there is an absence of competition for technical reasons and the goods or services can be supplied only by a particular supplier and no alternative or substitute exists.

7. OWNERSHIP OF INTELLECTUAL PROPERTY

Intellectual Property will vest with the Contractor.

8. PROPOSED DELIVERY DATE

The proposed delivery date is March 28, 2014.

9. PROPOSED CONTRACTOR

CODAR Ocean Sensors Ltd., 1914 Plymouth Street, Mountain View, California 94043 USA.

10. 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.

11. CLOSING DATE

The closing date for a submission of a Statement of Capabilities is February 26, 2014.

12. INQUIRIES AND SUBMISSION OF STATEMENTS OF CAPABILITIES

Electronics, Simulators and Defence Systems Division Defence and Major Projects Sector Acquisitions Branch Public Works and Government Services Canada 11 Laurier St., Place du Portage III - 8C2, Gatineau, QC K1A 0S5

Attention: Cindy Dawson Telephone: 819.953.7336 Facsimile: 819.956.5650 E-mail: cindy.dawson@tpsgc-pwgsc.gc.c

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.