Computer Flight Planning

Trade Agreement: WTO-AGP/NAFTA/AIT/Canada-Peru FTA/Canada-Colombia FTA 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: JEPPESEN SANDERSON INC 55 INVERNESS DRIVE EAST ENGLEWOOD Colorado United States 80112 Nature of Requirements: W3999-12FP01/B Tammy Kozak Telephone No. - (204) 984-8825 Fax No. - (204) 983-7796

Computer Flight Planning

1. INTRODUCTION

Public Works and Government Services Canada (PWGSC) intends to solicit a proposal and negotiate a contract with Jeppesen Sanderson Inc located in Englewood, Colorado, USA. Jeppesen Sanderson is the manufacturer and sole authorized distributor of the products and services required by the Department of National Defence (DND) - 1 Canadian Air Division Headquarters located in Winnipeg, Manitoba. PWGSC will manage this solicitation and resulting contract on behalf of DND.

2. BACKGROUND

In its contribution to the Canadian Forces (CF) the 1 Canadian Air Division (1 CAD) Air Mobility Force (AMF) is charged with the mandate to provide a global airlift capability involving strategic, tactical and air to air refuelling missions. Similarly, Maritime Patrol Aircraft (MPA) are tasked to provide global maritime air operations involving deployment to world-wide operating locations and patrolling over all sea areas. In the interests of operational flexibility as well as exploiting the time and cost efficiencies provided by computerized flight planning, the AMF and MPA, in their current and previous incarnations, have subscribed to a Computer Flight Planning Service (CFPS) since early 1983. 2 Canadian Air Division units (2 CAD) such as the CT-142 and the King Air aircraft have also been using a CFPS in order to accomplish their training requirements.

3. REQUIREMENT

DND requires a Computer Flight Planning Service, which provides the ability for aircrew to obtain a route, fuel requirements, time, distance from a departing aerodrome to the arrival aerodrome in an electronic format. This service must be compatible with current planning services utilized by other areas of DND.

4. MANDATORY PERFORMANCE SPECIFICATIONS

It is a mandatory requirement that the Computer Flight Planning Service meets the following criteria:

1. Provision of database based on each Canadian Forces aircraft specifications, which are CC-130, CP-140, CT-142, CC-144, CC-150, BA-90E, CC-177 and the King Air B-200.

2. The Contractor must allow for user requests to the CFPS either verbally via telephone and through other means such as computer link, FAX, ARINC, AFTN, TELEX, SITA, Internet, E-mail or other current and evolving global technologies.

3. Canada must be able to forward any computed request directly from the host CFPS to any world-wide FAX, SITA or similar number.

4. The Contractor must provide for CFPS access via toll-free numbers (as a minimum for North America and Europe) on a "24 and 7" basis.

5. System access and technical assistance must be available from a flight planning expert twenty four (24) hours per day, seven (7) days per week, for the duration of the contract.

6. Unlimited flight planning assistance via a 24/7 Dispatch Services is required for crews that cannot access the Internet and, also, for crews unable to promulgate a desired flight plan who do have Internet access.

7. CFPS reliability must exceed 95% with a maximum allowable down time of one hour. Elapsed time to compute a flight plan should average less than two minutes.

8. CFPS must provide products which are compatible with the various RCAF aircraft fleets and FMS databases and which meet any related requirements detailed and amended in ICAO or other national documents affecting RCAF missions.

9. The Aircraft database must allow tailoring for individual aircraft tail numbers.

10. Allow for direct dissemination of information and flight plans to the originator and third party agencies such as Air Traffic Control (ATC) and Euro control.

11. Vendor's hardware and software must allow the DND operator to automatically file CFPs to ATC agencies, create Equal Time Points (ETP) and Extended Twin Operations (ETOPS).

12. Provision of comprehensive training services.

13. Must maintain an up-to-date database for all navigation aids, North Atlantic Tracks and airways.

14. Provision of clear understanding of air regulations and ATC procedures for various countries world-wide.

5. SOLE SOURCE JUSTIFICATION

This is a sole source requirement as Jeppesen Sanderson Inc is the only known supplier that can meet all of the performance criteria and currently owns the proprietary rights to their software and hardware. Jeppesen has developed a Flight Planning software entitled "MilPlanner" for the USAF. It is the only known software commercially available that provides crews with solely military applications /calculations for tasks such as Air to Air Refueling and other operational fuel calculations. The US State Department has granted the right for the RCAF to use it (ITAR product). MilPlanner has been deemed the only software that caters to all of the specific operational needs of the Royal Canadian Air Force.

6. TRADE AGREEMENTS

The requirement is subject to the provisions of the World Trade Organization Agreement on Government Procurement (WTO-AGP), the North American Free Trade Agreement (NAFTA), and the Agreement on Internal Trade (AIT).

Government Contract Regulations: 6.(d) only one person or firm is capable of performing the contract.

AIT Article 506. 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;

WTO - ARTICLE XV : The provisions of Articles VII through XIV governing open and selective tendering procedures need not apply in the following conditions, provided that limited tendering is not used with a view to avoiding maximum possible competition or in a manner which would constitute a means of discrimination among suppliers of other Parties or protection to domestic producers or suppliers: b) when, for works of art or for reasons connected with protection of exclusive rights, such as patents or copyrights, or in the absence of competition for technical reasons, the products or services can be supplied only by a particular supplier and no reasonable alternative or substitute exists.

7. DELIVERY DATE

The contract will be for a three (3) year period with five (5) one year option periods. Estimated start date of April 01, 2013.

8. ESTIMATED COST

Estimated value of the requirement: $7,100,000.00 CND over the potential eight year period, (excluding GST).

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.