Digitally Aided Close Air Support

Trade Agreement: Canadian Free Trade Agreement (CFTA) Tendering Procedures: Suppliers on permanent list or able to meet qualification requirements Non-Competitive Procurement Strategy: Government Objectives Representing Best Interests/Value to Govt Comprehensive Land Claim Agreement: No Vendor Name and Address: STAUDER CONSULTING, INC. 114 Mexico Court St. Peters Missouri United States 63376 Nature of Requirements:

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 has a requirement for the supply, integration, testing, installation, configuration, and commissioning of a new Digitally-Aided Close Air Support system to be employed for the Special Operations Joint Terminal Attack Controllers. The system will enable the communication of targeting data and provide precise firing instructions to Canadian and coalition forces’ aircrafts operating in close proximity.

The Department of National Defence also has a requirement to support the proposed system, and this work will include repair and overhaul services, and Technical Investigations & Engineering Support (TIES) work. Once the system is commissioned, the Supplier must provide In-Service Support services for the system for the entire period of its life-cycle.

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 proposed system meets the specifications detailed in Annex A - Statement of Work and Annex B Technical Specification, attached herewith. (Note: If links are not available, please contact the undersigned.)

It is mandatory that the proposed system has been formally evaluated and certified by the Joint Deployable Analysis Team of the United States Joint Chiefs of Staff as compliant with Engineering Change Proposals Numbers 1 through 6. The proposed system must be commercially available (i.e. Military Off The shelf) and readily available for installation and commissioning prior to contract award.

4. Applicability of the Trade Agreement(s)

This procurement is subject to Canadian Free Trade Agreement (CFTA).

5. Set-aside under the Procurement Strategy for Aboriginal Business

This procurement is not set-aside for an Aboriginal supplier in accordance with the government Procurement Strategy for Aboriginal Business (PSAB).

6. Comprehensive Land Claims Agreement(s)

This procurement is not subject to Comprehensive Land Claims Agreement(s) (CLCAs) as the deliveries will not be made to any locations that are subject to CLCAs.

7. Justification for the Pre-Identified Supplier

The Digitally-Aided Close Air Support system from Stauder Technologies is the only known commercially and readily available system that complies with all mandatory technical requirements, in particular with Engineering Change Proposals 1 through 6 and has been assessed as compliant by the Joint Deployable Analysis Team of the Joint Chiefs of Staff.

8. Government Contracts Regulations Exception(s)

The following exception(s) to the Government Contracts Regulations is invoked for this procurement under subsection 6(d): "only one person is capable of performing the work".

9. Exclusions and/or Limited Tendering Reasons

9.1 The following exclusion(s) or limited tendering reason are invoked under the

Canadian Free Trade Agreement (CFTA) - Chapter Five - Procurement -Article 513: Limited Tendering applies to this solicitation

(iii) due to an absence of competition for technical reasons.

9.2 This procurement is excluded from the following trade agreement(s)

a. The Comprehensive Land Claim Agreement (CLCA) does not apply.

b. The North American Free Trade Agreement (NAFTA) is exempt from this procurement since these goods and services correspond to FSC 58 (Communication, Detection, and Coherent Radiation Equipment) which are exempt per Chapter 10 Annex 1001.1b-1 Goods, Section A, paragraph 2 and Annex 1001.1b-2 Services, Schedule of Canada paragraphs H and J.

c. This procurement is exempt from World Trade Organization - Agreement on Government Procurement (WTO-AGP) since goods and services corresponding to FSC 58 are exempt per Appendix I, Canada, Annex 7.

10. Ownership of Intellectual Property

Ownership of any Foreground Intellectual Property arising out of the proposed contract will vest in the Contractor. However, in some cases and upon Canada’s discretion, ownership of any Foreground Intellectual Property arising out of certain taskings will rest with Canada.

11. Period of the Proposed Contract or Delivery Date The proposed system must be delivered as fully installed, configured, tested, and commissioned within 6 months after contract award. The 5 year contract will include warranty work, repair and overhaul services, provisioning of spares, help desk technical support, and technical investigations and engineering services.

12. Cost Estimate

The estimated value of the contract(s), including all options is $4.3M to $5M CAD approximately, GST/HST extra, as applicable. The contract value will be determined at a later date as it is subject to negotiations with the pre-identified supplier and/or resulting contract through a competitive process, as necessary.

13. Name and Address of the Pre-identified Supplier

Stauder Technologies

114 Mexico Court Saint Peters MO 63376 USA

14. Suppliers' Right to Submit a Statement of Capabilities

Suppliers who consider themselves fully qualified and available to provide the goods, services or construction services described in the 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.

15. Closing Date for a Submission of a Statement of Capabilities

The closing date and time for acceptance of any Statements of Capabilities is indicated on page one of this ACAN notice.

16. Inquiries and Submission of Statements of Capabilities

Inquiries and statements of capabilities are to be directed to

Heather Mitchell

Contracting Authority Public Services and Procurement Canada Defence Communications Division - QD Portage III - Floor 8C2 - Room 61 11 Laurier Street Gatineau, Quebec K1A 0S5 Canada

Telephone: 1-819-420-2197 E-mail: Heather.Mitchell@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.