MIDS Terminal R&O

Trade Agreement: 
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: 
MDA SYSTEMS LTD.
13800 Commerce Parkway
Richmond British Columbia
Canada
V6V2J3
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 repair & overhaul, modification, testing, mobile repair parties, field service representatives, software upgrades, training and tools support for the Multifunctional Information Distribution System (MIDS) Low Volume Terminal (LVT) referred to as the MIDS-LVT. This requirement is essential to maintain the current Link 16 capability for CANADA. The work will involve, but may not be limited to the following: 
- Conduct incoming inspection of the MIDS-LVT mechanical, electrical and software components;
- Perform Retrofit of MIDS Block Upgrade 2 (BU2) as required;
- Repair and Overhaul of MIDS-LVT’s;
- Verification Testing of MIDS-LVT’s;
- Provision of Software subscriptions, updates, upgrades and maintenance;
- Perform Hardware upgrades and maintenance 
- Perform Firmware updates and maintenance;
- Conduct, MIDS and LEGS on-site operational instructions to prevent failures due to the changes in software and hardware updates that impact operators or technicians; 
- Engineering and Maintenance Services;
- Training and Support;
- Provision of Field Service Representatives to support Engineering and Maintenance Services;
- Obsolescence Management
- Configuration Management;
- Update and maintenance of technical documentation

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 product/equipment/system (as appropriate) meets the following requirements:
- Must have facilities in Canada ready to accept Controlled Cryptographic Items (CCI)
- Must be an authorized and approved supplier of the Original Equipment Manufacturer (OEM), Viasat Inc. to conduct work in Canada on Viasat MIDS-LVT 
- Must have valid Communication Security (COMSEC) account

Any Statement of Capabilities must include a signed letter from the OEM stating that they are an authorized/approved partner in Canada to perform repair and overhaul services for the MIDS  LVT program.

4. Applicability of the trade agreement(s) to the procurement 
This procurement is subject to the following trade agreement(s): 
Canadian Free Trade Agreement (CFTA)

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

This procurement is not set-aside under the Procurement Strategy for Aboriginal Business.

6. Comprehensive Land Claims Agreement(s) 
This procurement is not subject to Comprehensive Land Claims Agreements (CLCAs).

7. Justification for the Pre-Identified Supplier 

The Original Equipment Manufacturer, Viasat Inc., has confirmed that MDA Systems Ltd. is an approved Supplier in Canada to perform Repair and Overhaul Services for the MIDS-LVT Program.  As such, “only one person is capable of performing the contract”.  

8. Government Contracts Regulations Exception(s) 
The following exception(s) to the Government Contracts Regulations is (are) invoked for this procurement under subsection 6(d) - only one person is capable of performing the contract 

9. Exclusions and/or Limited Tendering Reasons 

The following exclusion(s) and/or limited tendering reasons are invoked under the:

Canadian Free Trade Agreement (CFTA) - Article(s) 513 

10. Period of the proposed contract or delivery date
The proposed contract is for a period of ’4’ years, and is anticipated to be from April 1st 2022 to March 31th 2026, and will contain up to 3 x 1 year options to extend the contract.

11. Cost estimate of the proposed contract 

The estimated value of the contract, including option(s), is $15,000,000 x (GST/HST extra).

12. Name and address of the pre-identified supplier 

MDA Systems Ltd., 13800 Commerce Pkwy, Richmond, BC V6V 2J3

13. 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.

14. Closing date for a submission of a statement of capabilities 

The closing date and time for accepting statements of capabilities is February 2nd, 2022.

15. Inquiries and submission of statements of capabilities 

Inquiries and statements of capabilities are to be directed to: 
Robert Lomas, 
Supply Team Leader
Telephone: 613-404-4639
Facsimile: N/A for this procurement 
E-mail: Robert.Lomas@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.