Next Gen. Line-of-Sight Systems

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: L3 COMMUNICATIONS COMMUNICATIONS SYSTEMS WEST 640 NORTH 2200 WEST, P.O. BOX 16850 SALT LAKE CITY Utah United States 84116 Nature of Requirements:

W6399-180405/A

Bright, James Telephone No.: 819-420-0919 Fax No.: 819-956-0636

1. ADVANCE CONTRACT AWARD NOTICE (ACAN)

An 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

The Department of National Defence (DND) has a requirement for the supply of seven (7) Next-Gen Line-of-Sight Ground Segment (NLGS) systems with the option to purchase up to five (5) additional NLGS systems in accordance with the Statement of Capabilities and Technical Specification of the system, Annex A-1. In general, the NLGS system must be a complete system which consists of following devices/equipment.

• A long range directional antenna for L/C/S/Ku band; • A L/C/S omnidirectional antenna which must have all operational performance and technical specifications equivalent or better than the L/C/S antenna of the Intelligence, Surveillance and Reconnaissance (ISR) kit named RECEIVER, TRANSMITTER SET, RADIO, NATO Stock Number (NSN) 5820-01-633-1546; • A Ku omnidirectional antenna which must have all operational performance and technical specifications equivalent or better than the Ku omnidirectional antenna of the ISR kit named RECEIVER, TRANSMITTER SET, RADIO, NATO Stock Number (NSN) 5820-01-633-1546; • A medium range Ku directional antenna which must have all operational performance and technical specifications equivalent or better than the Ku directional antenna of the ISR kit named RECEIVER, TRANSMITTER SET, RADIO, NATO Stock Number (NSN) 5820-01-633-1546; • A transceiver(s) which must have all operational performance and technical specifications equivalent or better than the transceiver of the ISR kit named RECEIVER, TRANSMITTER SET, RADIO, NATO Stock Number (NSN) 5820-01-633-1546; • A multiband radio frequency equipment (MB RFE); • A military rugged laptop which includes system software; and • Transport and storages cases;

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

Any interested supplier must demonstrate by way of a statement of capabilities that its systems meets all the mandatories listed at Annex A-1 to this Notice.

4. APPLICABILITY OF TRADE AGREEMENTS OR OTHER OBLIGATIONS

• Canadian Free Trade Agreement (CFTA)

5. COMPREHENSIVE LAND CLAIMS AGREEMENT(S)

The Comprehensive Land Claims Agreements do not apply.

6. JUSTIFICATION FOR THE PRE-IDENTIFIED SUPPLIER

With reference to the result of the solicitation no. W6399-180405/A dated 22 Jan 2018, there was only one bidder, L-3 Technologies Communication Systems, submitted bidding documents. It turned out that only L-3 Technologies Communication Systems was capable of providing all equipment required for the NLGS system.

It is proposed to negotiate a contract with L-3 Technologies Communication Systems - West, Salt Lake City, Utah, USA.

7. GOVERNMENT CONTRACTS REGULATION EXCEPTION(S)

Section 6(d) of the Government Contract Regulations is being invoked in this procurement as only one person or firm is capable of performing the contract.

8. EXCLUSIONS AND/OR LIMITED TENDERING REASONS

The Canadian Free Trade Agreement applies and the limited tendering strategy is in accordance with Article 513 para 1 (b) (ii); the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist due to the protection of patents, copyrights, or other exclusive rights.

9. OWNERSHIP OF INTELLECTUAL PROPERTY

Ownership of any Foreground Intellectual Property arising out of the proposed contract will vest in the contractor.

10. PERIOD OF THE PROPOSED CONTRACT

The NLGS systems must be delivered within twelve (12) months after contract award in accordance with Annex A-1.

11. SUPPLIERS’ RIGHT TO SUBMIT A STATEMENT OF CAPABILITIES

Suppliers who consider themselves fully qualified and available to provide the goods/services described in this ACAN, 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.

12. CLOSING DATE FOR A SUBMISSION OF A STATEMENT OF CAPABILITIES

The closing date and time for accepting statements of capabilities is the closing date of the notice as indicated on the covering page.

13. INQUIRIES AND SUBMISSION OF STATEMENT OF CAPABILITIES

Inquiries and statements of capabilities are to be directed to

James Bright Defence Communications Division (QD-RA) Electronics, Munitions and Tactical Systems Procurement Directorate Land and Aerospace Equipment Procurement and Support Sector Place du Portage Phase III, 8C2-61 11 Laurier St, Gatineau, QC, Canada K1A 0S5 Telephone: 819-420-0919 Fax: 819-956-0636 Email: James.Bright@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 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.