Navigational Database Services

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: W3999-12ND01/B Tammy Kozak Telephone No. - (204) 984-8825 Fax No. - (204) 983-7796

Navigational Database Services

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) is charged with the mandate to generate and maintain combat capable, multi-purpose, air forces to meet Canada's defence objectives. To facilitate the preparation of aircraft sorties, Mission Planning Software can be used to manipulate and prepare navigation data from an ARINC 424 Source File and to transfer this data to a fleet-specific data cartridge. The data cartridge is then used to transfer the navigation data to the aircraft's Mission Computer (MC) or Flight Management System (FMS).

3. REQUIREMENT

DND requires a standard ARINC specification 424 format Navigation System Database that has been tailored to unique subset (data records) to meet the operational requirements. The NAV Database is being procured for flight planning purposes utilizing existing Mission Planning Software (MPS) for airborne use and simulator training. The contract will support the CC-130H Hercules, CC-150 Airbus, CP-140 Aurora, CF-188 Hornet, CH-146 Griffon and Ground based Automated Approach design System.

4. MANDATORY PERFORMANCE SPECIFICATIONS

It is a mandatory requirement that the database meets the following criteria:

1. Provision of electronic data based upon the Aeronautical Information Regulations and Control (AIRAC) every 28 days.

2. Must be provided/filtered to meet each fleet-specific ARINC 424 format/version requirements.

3. World wide data base must be current and up-to-date and distributed to the Canadian Forces NLT 14 days prior to the expiry date of the current cycle.

4. Must comply with Federal Aviation Agency and DND policy.

5. System access must be available via the Internet. Phone service must not be interrupted, and be available twenty-four (24) hours a days, seven (7) days a week, fifty-two (52) weeks a year.

6. Technical assistance must be available twenty-four (24) hours a days, seven (7) days a week, fifty-two (52) weeks a year.

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

8. Prepared and maintained in accordance with RTCA/DO-200A standards for processing aeronautical data.

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. No other supplier has the ability to provide DND with ARINC 424 data covering the entire world on a 28 day cycle. Standardization and integrity of NAVdata is an essential component to safe flying operations and instrument procedure design. Also, in order to continue to provide safe and effective operations, it is critical that DND use the same source data that other Governmental Departments (Transport Canada) use. As such, both agencies currently use Jeppesen NAVdata; therefore, it is critical for DND to continue using Jeppesen NAV data to maintain its mandated relationship with Transport Canada.

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 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: $6,100,000.00 CND over the potential eight year period, (excluding GST). The Crown retains the right to negotiate with suppliers on any procurement.

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.