Medium Range Radar (MRR)

Trade Agreement: Agreement on Internal Trade (AIT) Tendering Procedures: All interested suppliers may submit a bid Attachment: YES (MERX) Paper Competitive Procurement Strategy: No Responses to Bid Solicitation Comprehensive Land Claim Agreement: No Nature of Requirements:

MEDIUM RANGE RADAR (MRR) ACQUISITION AND IN-SERVICE SUPPORT (ISS) CONTRACTS

Description for Draft NPP for W8476-133817/144679 GSIN: N5840

DESCRIPTION: ACQUISITION OF UP TO TEN (10) MEDIUM RANGE RADARS, AND THE IN-SERVICE SUPPORT TO MAINTAIN THEM FOR UP TO TWENTY (20) YEARS

Canada is seeking Industry feedback through a draft Request for Proposal (RFP) for the acquisition of up to ten (10) Medium Range Radar (MRR) Systems, including an air surveillance capability, and up to twenty (20) years of In-Service Support (ISS).

At this stage Canada is not accepting bids in response to this draft RFP. A formal RFP will follow in the fall of 2013, after the comments and suggestions from Industry have been considered, including an Industry Day hosted by Canada.

A more detailed description of the specifications for the MRR Systems, and the services to be provided are contained in the draft RFP. The Statements of Work (SOWs) are currently being developed and are subject to change based on the evolution of the requirement, which may be as a result of information provided by industry.

Procurement Process and Contractor Selection

After receipt of proposals to the next [formal] RFP, selection of a contractor will follow standard bid evaluation processes. In this instance, "Highest Combined Rating of Technical Merit and Price" will be used for contractor selection.

Exemptions

This requirement pertains to excluded goods (FSC Group 58, Communications, Detection, and Coherent Radiation Equipment, sub categories 5840 - Radar Equipment, Except Airborne, and 5841 - Radar Equipment, Airborne) and, as such, is exempt from:

a) The North American Free Trade Agreement (NAFTA) under Chapter 10, Annex 1001.1b-1 Goods, Section A, General Provisions; and

b) The World Trade Organization Agreement on Government Procurement (WTO-AGP) in accordance with Canada's Annex 1 to Appendix 1.

The Agreement on Internal Trade (AIT) applies to this requirement.

Provisions of the Comprehensive Land Claims Agreements (CLCAs) do not apply, as no work is anticipated to be performed, and no goods will be delivered in a land claim settlement area.

Any questions regarding this requirement should be directed to the following Contract Authority:

George Summerfield Supply Specialist PWGSC Place du Portage, Phase III, Tower C, 11 Laurier Street Gatineau, QC K1A 0S5 Tel: (819) 956-1838 Fax: (819) 956-0636 E-mail: george.summerfield@tpsgc-pwgsc.gc.ca

IMPORTANT NOTICE TO SUPPLIERS

Canada is hosting an Industry Day for the MRR System requirement on 01 August 2013 in the Papineau Room at Place du Portage IV, 140 Promenade du Portage, Gatineau, QC.

All interested potential suppliers are welcome to attend. RSVP by e-mail, to the above-listed Contracting Authority by close of business 19 July 2013 for attendance at Industry Day, and to reserve your time for "one-on-one" meetings with Canada's representatives. Suppliers not pre-registered will be accommodated if possible. Please note that non-disclosure agreements will be required. The following is an agenda:

Agenda for Industry Day

0900 Opening & Welcome

0915 Presentation of RFP Components

~ PWGSC: RFP and Resultant Contract Clauses for both Acquisition and In-Service Support contracts, including Hybrid FMS component ~ DND: Specifications and Operational Requirements ~ IC: Industrial Regional Benefits (IRBs), including Hybrid FMS component

1030 Break

1045 Public Q&A Period

1100 One-on-One Meetings

1600 Conclusion

Industry Consultative Process

In order to ensure a successful procurement for the provision of Medium Range Radar (MRR) Systems, Canada will engage Industry in a consultative process ("Consultative Process"), which includes an Industry Day, and "One-on-One" meetings. Suppliers interested in participating in the consultative process are invited to attend these sessions. No one person or organization will receive, nor be perceived to have received any unusual or unfair advantage over the others. The topics of discussion will include the Land Forces' requirements, the associated RFP, as well as the procurement process.

Industry is encouraged to provide in advance written comments and recommendations on the RFP for discussion, to allow Canada to formulate responses for the meetings. The questions or comments should be listed as "public" or "confidential".

One-on-One Meetings

Canada will meet with industry participants individually to discuss their concerns, recommendations and solutions. On completion of the One-on-One meetings Canada will analyze and summarize industry input, identify topics that need to be addressed and revise solicitation document(s), if applicable.

The following Rules of Engagement apply to the Industry Consultative Process, and in particular to the "one-on-one" meetings:

The Rules of Engagement (ROE) will apply beginning with the issuance of the draft RFP and concluding with the release of the formal Request for Proposal (RFP) on GETS.

No documentation will be provided by Canada throughout the Industry Consultative Process other than what is published on the Government Electronic Tendering Service (GETS).

A Record of Discussion following each session will be distributed to the Participants of that session.

Canada will not disclose proprietary or commercially sensitive information concerning a Participant to other Participants or third parties except and only to the extent required by law.

Participants are expected to discuss their views concerning the DND Medium Range Radar (MRR) Systems Project and to provide positive resolutions to the issues in question. Everyone shall have equal opportunity to share their ideas and suggestions;

Potential respondents are advised that any information submitted to Canada in response to this process may be used by Canada in the development of a competitive Request for Proposal.

Media cannot participate in the Industry Consultative Process;

All Media questions shall be directed to PWGSC Media Relations Office at 819-956-2307;

No electronic recordings, audio or visual, will be permitted during the meetings.

Participants must provide to Canada advance notification if they plan to have legal representation at the Industry Day or "one-on-one" meeting. Canada reserves the right to decline any meetings which include legal representation.

Participants are to direct inquiries and comments only to authorized representatives of Canada, as directed in this notice given by the Contracting Authority. Any communication to unauthorized representatives of Canada may be subject to full disclosure by Canada on GETS;

Canada is not obligated to issue any RFP, or to negotiate any contract for purchase of any new MRR Systems as a result of this Consultative Process; and

If Canada does release a RFP, the terms and conditions of the RFP shall be subject to Canada's absolute discretion.

Registration

Participants must identify themselves by their legal name, corporate address, the names of representatives attending by their respective title as well as their office address, telephone number(s) and e-mail address. By providing the above information, the suppliers consent to the release of this information to the public.

Please note that

(1) Due to space considerations each interested supplier may register up to four (4) representatives to attend the meetings.

(2) Due to time and room constraints, One-on-One meetings are only available to Equipment OEMs, ISS suppliers and Integrators.

(3) All attendees will be required to sign-in upon arrival to the venue, and their names may be published after the event.

(4) Attendees are responsible for their own transportation, accommodation, meals parking and all other expenses.

(5) Canada assumes no responsibility or obligation with respect to the cost of preparing a response to this Draft RFP.

(6) Participation in the Consultative Process is not a mandatory requirement for submitting bid(s) for the final RFP.

(7) All industry consultations will be documented and this information is subject to the Access to Information Act. Canada will not reveal any designated proprietary information to third parties.

Final Caveats for the draft RFP

The draft RFP document is not a bid solicitation and a contract will not result from it.

As a result of this draft RFP there will be no listing of firms for the purposes of undertaking future work.

Attached Documents

The Contractor must obtain from its employee(s) or subcontractor(s) the completed and signed non-disclosure agreement, attached at Annex "A" , and provide it to the Contracting Authority before they are given access to information by or on behalf of Canada in connection with the Work.

Annex A

Non-Disclosure Agreement

I, ___________ , recognize that in the course of my work as an employee or subcontractor of ___________ , I may be given access to information by or on behalf of Canada in connection with the Work, pursuant to the draft RFP Serial No. W8476-133817/144679 between Her Majesty the Queen in right of Canada, represented by the Minister of Public Works and Government Services and ________ , including any information that is confidential or proprietary to third parties, and information conceived, developed or produced by the Contractor as part of the Work. For the purposes of this agreement, information includes but not limited to: any documents, instructions, guidelines, data, material, advice or any other information whether received orally, in printed form, recorded electronically, or otherwise and whether or not labeled as proprietary or sensitive, that is disclosed to a person or that a person becomes aware of during the performance of the Contract. I agree that I will not reproduce, copy, use, divulge, release or disclose, in whole or in part, in whatever way or form any information described above to any person other than a person employed by Canada on a need to know basis. I undertake to safeguard the same and take all necessary and appropriate measures, including those set out in any written or oral instructions issued by Canada, to prevent the disclosure of or access to such information in contravention of this agreement. I also acknowledge that any information provided to the Contractor by or on behalf of Canada must be used solely for the purpose of the Solicitation and must remain the property of Canada or a third party, as the case may be. I agree that the obligation of this agreement will survive the completion of either of the Contracts Serial No.: W8476-133817 (Acquisition) or W8476-144679 (In-Service Support)

________________ Signature

________________ Date

Delivery Date: 29/07/2013

The Crown retains the right to negotiate with suppliers on any procurement.

Documents may be submitted in either official language of Canada.