MODEM, SATCOM

Trade Agreement: Agreement on Internal Trade (AIT) 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: L-3 Communications Corporation, Linkabit Division 9890 Towne Centre Drive San Diego California United States 92121 Nature of Requirements: W8476-144694/A MODEM, SATCOM

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 to procure 156 Modems, NSN: 5895-01-596-5048 Part Number: RMPM-1000 for integration into terminals for the Satcom On the Move System. For compatibility and interoperability reasons the only modems which will be considered is the above or an existing product that is presently in production and meets all the mandatory requirements listed herein.

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 modem meets the following requirements: (a) employs Network Centric Waveform (NCW); (b) is ruggedized; (c) is currently certified to Wideband Global SATCOM Phase II; and (d) is currently in production and in operation with a NATO Nation.

4. APPLICABILITY OF TRADE AGREEMENTS TO THE PROCUREMENT

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

5. COMPREHENSIVE LAND CLAIMS AGREEMENT(S)

This requirement is excluded from the Comprehensive Land Claims Agreements (CLCAs).

6. JUSTIFICATION FOR THE PRE-IDENTIFIED SUPPLIER

The Modems being procured were designed and manufactured by L-3 Linkabit. L-3 Linkabit owns the Intellectual Proprietary Rights to the RMPM-1000 but not for the Network Centric Waveform used in the modem. It is proposed to negotiate a contract with L-3 Linkabit, San Diego, CA for the supply of 156 Modems and logistic support services.

7. GOVERNMENT CONTRACTS REGULATIONS EXCEPTION(S)

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

8. EXCLUSIONS AND/OR LIMITED TENDERING REASONS

The following exclusion and/or limited tendering reason is invoked under the Agreement on Internal Trade, Article 506 paragraph 12 (a).

9. OWNERSHIP OF INTELLECTUAL PROPERTY

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

10. THE PERIOD OF THE PROPOSED CONTRACT

The delivery period is 18 months from contract award. The duration of the proposed Contract is estimated to be 42 months.

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 for this notice as indicated on the covering page.

13. INQUIRIES AND SUBMISSION OF STATEMENTS OF CAPABILITIES

Phil McGrath EMTSP Directorate Place du Portage, Phase III, 8C2-47 11 Laurier St, Gatineau, PQ, Canada K1A 0S5

Tel: (819) 956-0486 Fax: (819) 956-0767 e-mail: phil.mcgrath@pwgsc.gc.ca

Delivery Date: 30/12/2014

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.