Tendarix.ca
Trade Agreement: Canadian Free Trade Agreement (CFTA)
Tendering Procedures: All interested suppliers may submit a bid
Non-Competitive Procurement Strategy: Consulting Services Regarding Matters of a Confidential Nature
Comprehensive Land Claim Agreement: No
Vendor Name and Address:
Harris Corporation
1350 Jefferson Road
Rochester New York
United States
14623
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
2.1 The Department of National Defence (DND) has a requirement for the supply of quantity thirty (30) TYPE 1 SECURE (?SECRET?) VHF, UHF, SATCOM Radios; and thirty (30) TYPE 1 SECURE (?SECRET?) HF Radios; and
2.2 Ancillary equipment to support the integration of the radios in paragraph 2.1.
2.3 The Radios must be ?Approved for Use? by the Canadian Security Establishment (CSE), OR the supplier must submit a waiver for lab, field and integration testing provided to them by the CSE by the ACAN posting date, otherwise the radios will not be considered to meet the requirements of this procurement.
2.4 The Radios must be suitable for operating in a marine environment and capable of operating continuously in fog, snow, heavy rain and humidity levels up to 100 %.
2.5 The VHF, UHF, SATCOM Radio must:
2.6 The HF Radio must:
3. Criteria for assessment of the Statement of Capabilities (Minimum Essential Requirements)
3.1 Any interested supplier must demonstrate by way of a statement of capabilities that its equipment meets the following requirements:
4. Applicability of the trade agreement(s) to the procurement
4.1 This procurement is excluded from the following trade agreements:
CUSMA:The services required are related to FSC 5820 - GSIN 5820, which are excluded in accordance with Canada United States Mexico Free Trade Agreement (CUSMA) Annex 1001.1b-2, Section B, Item J;
WTO-AGP:The services required are excluded in accordance with the World Trade Organization - Agreement on Government Procurement (WTO-AGP) Appendix 1, General Notes 1(c);
4.2 This procurement is subject to the following trade agreement:
The Canadian Free Trade Agreement (CFTA) applies to this procurement. The limited tendering strategy is in accordance with Article 506.12. (a), as there is only one supplier who is able to meet the requirements of the procurement. Specifically, in order to ensure compatibility and interoperability with existing installed tactical communicational infrastructure, the services can be supplied by only a particular supplier due to the Exclusive Rights of the supplier.
5. Comprehensive Land Claims Agreement(s)
The Comprehensive Land Claims Agreements (CLCA) do not apply because the delivery points do not fall within the geographic areas covered by the CLCAs.
6. Justification for the Pre-Identified Supplier
6.1 Canada intends to award a contract to Harris Global Communications, Inc. for the supply of the identified equipment under section 2.
6.2 The L3Harris AN/PRC-163 Radio is the only known, currently CSE authorized for lab, field and integration testing, Type 1 UHF, VHF, SATCOM Radio that has embedded encryption, is capable of simultaneous transmission and reception of SECURE voice and data including up to full motion video, supports the TSM-X? and ANW2®C waveforms and has the compatibility for supporting MUOS connectivity.
6.3 In addition, the L3Harris AN/PRC-160(V)1-CA Radio is the only known, currently ?Approved for Use? by the Communications Security Establishment (CSE), Type 1 HF Radio that has embedded encryption, is capable of simultaneous transmission and reception of SECURE voice and data, at data rates exceeding +100 kpbs.
6.4 For the purposes of this contract, SECURE means ?Secured with NSA-certified Type 1 Encryption?.
6.5 Taking into consideration the critical compatibility requirement with current in-service equipment and interoperability with other branches such as the Canadian Army and special operations teams such as CANSOFCOM and Naval Tactical Operations Group (NTOG), the L3Harris AN/PRC-163 and AN/PRC-160(V)1-CA are the only known products that addresses DND’s capability deficiencies and meets its form, fit and functional requirements.
7. Government Contracts Regulations Exception(s)
7.1 The following exception(s) to the Government Contracts Regulations is (are) invoked for this procurement under subsection 6(d), where only one person/company is capable of performing the contract.
Exclusions and/or Limited Tendering Reasons
Following exclusion(s) and/or limited tendering reasons are invoked under the:
Canadian Free Trade Agreement (CFTA) - Article(s) 6(d)
7.2 Canada intends to award this contract to Harris Global Communications, Inc. as it has been identified as a Sole-source vendor that can provide the goods and services required.
7.3 Harris Global Communications, Inc. is the Original Equipment Manufacturer (OEM) and has the intellectual property rights for the software, firmware and the legacy equipment that is current in service at DND.
8. Ownership of Intellectual Property
8.1 Ownership of any Foreground Intellectual Property arising out of the proposed contract will vest in the Contractor.
8.2 There will not be any Intellectual Property (IP) developed under this contract. L3Harris holds the (IP) rights for its equipment, software and firmware and the IP rights will reside with the supplier.
9. Period of the proposed contract or delivery date
The proposed contract is for a period of two years plus two option years from the contract award date.
10. Cost estimate of the proposed contract
The estimated value of the contract, including option(s), is 7,800,576 CDN (GST/HST extra), as applicable.
11. Name and address of the pre-identified supplier
Harris Global Communications, Inc.
A Wholly-Owned Subsidiary of L3Harris Technologies, Inc.
1350 Jefferson Road
Rochester, NY 14623 USA
12. 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.
13. Closing date for a submission of a statement of capabilities
The closing date and time for accepting statements of capabilities is on the covering page of this notice.
14. Inquiries and submission of statements of capabilities
Please submit statements of capabilities or inquiries to:
Nadir Abdulkadir
Public Works and Government Services Canada
Defence and Marine Procurement Branch
Electronics, Munitions and Tactical Systems Procurement Directorate
Defence Communications Division (QD)
11 Laurier Street
Place du Portage, Phase III, 8C2
Gatineau, Québec, Canada K1A 0S5
Telephone: (819) 664-8121
E-mail: N••••••••@••••••••.••.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.
The buyer plans to award this contract to a named supplier without competition. If your business can do this work, send a statement of capabilities to the contracting authority before September 16, 2020. If it qualifies, the buyer must open a full competition.
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