Trunked Radio Maintenance - Alberta

Trade Agreement: NAFTA/AIT/Canada FTAs with Peru/Colombia/Panama Tendering Procedures: Attachment: None Non-Competitive Procurement Strategy: Exclusive Rights Comprehensive Land Claim Agreement: No Vendor Name and Address: CUBIC DEFENSE APPLICATIONS, INC. Cubic Defense Systems, Inc. 9333 Balboa Ave. San Diego California United States 92123 Nature of Requirements: ACAN Trunked Radio Maintenance - Canadian Forces Base Suffield AB

W0142-14X052/A Gerstmar, Denise Telephone: 306-975-8912 Fax: 306-975-5397

Requirement: The Department of National Defense requires Installation, Maintenance and Repair Services of the Suffield Trunked Radio System (STRS). CFB Suffield currently operates a Range Control Radio Network via the Trunked Radio System which is the backbone infrastructure the network operates on. The services are required monthly as detailed below. The services will be required for two (2) years, with two 1 year options. Program Management Onsite Suffield Management Onsite Suffield Technician Firm Lump Sum price for Material and Installation

Sole Source Justification: It is proposed to enter into a Contract with CUBIC Defense Application, Inc., San Diego, California as this is the only company who can supply the above requirement.

British Army Training Unit Suffield (BATUS) has in place an existing trunked radio network system comprised of three 100m communications towers and associated complex computer / telecommunications systems. BATUS's system is used to provide communications, command and control and Battle field recording of 2200 square KMs of live fire training area during exercises. BATUS has a contract with CUBIC Defense Application, Inc., to maintain and repair this system.

A few years ago CFB Suffield purchased approximately 300 handheld and fixed radios to provide Canadian control of the Range Training Area. CFB Suffield has been authorized by UK Ministry of Defense to utilize the existing towers and computer / telecommunications systems so that our radios will work on the range. Basically, our radios have been programmed to operate on their network.

As CUBIC Defense Application, Inc., by authority of their contract with UK MOD, has the sole control and access to the network equipment / communications system, CUBIC Field Services Canada Ltd is the only company that can program and maintain CFB Suffield's radios to work on this system. CUBIC will not allow any other company administrative access to these computers, as doing so will compromise the BATUS network. If an outside company has administrative access to the computer system and causes any type of outage to BATUS Operational training, it may put CUBIC Defense Application, Inc., in a position that CUBIC Defense Application, Inc., may breach their contract in that they couldn't fulfill their primary obligation.

Only Known Source of Supply: Defense Application, Inc. 9333 Balboa Avenue San Diego, California 92123 U.S.A.

Trade Agreements: Government Contracts Regulations Exception and Limited Tendering Reason: 3.15 Non-competitive Contracting Process b) The GCRs require the competitive soliciting of bids before any contract is entered into. However, contracts may be entered into without soliciting bids when: (iv) only one person is capable of performing the contract (GCRs 6.(d)).

AIT Article 506: Procedures for Procurement 12. Where only one supplier is able to meet the requirements of a procurement, an entity may use procurement procedures that are different from those described in paragraphs 1 through 10 in the following circumstances: (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;

NAFTA Article 1016: Limited Tendering Procedures 2. An entity may use limited tendering procedures in the following circumstances and subject to the following conditions, as applicable: (b) where, for works of art, or for reasons connected with the protection of patents, copyrights or other exclusive rights, or proprietary information or where there is an absence of competition for technical reasons, the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute exists;

Anticipated Contract period date of Proposed Contract April 1, 2014 - March 31, 2016, with two 1 year option years

Security There is a security requirement associated with this requirement.

Contract Value: The estimated value of this procurement is $546,073.34.00 (GST not included), $577,377.00 (GST included).

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.