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3.6. U.S. EXPORT POTENTIAL
The Contractor shall describe how procurements are typically conducted in the sector, by the project sponsor, in the
country. The Contractor shall confirm whether there are local content requirements or procurement restrictions in this
sector or for the project and whether a local provider/distributor will be involved in project implementation. The
Contractor shall also list any import licensing requirements or permits needed by U.S. companies to participate and
supply goods for the project. The Contractor shall also identify any U.S. companies already working with the Project
Sponsor or working in the respective sector in the host country.
The Contractor shall submit a best estimate of the potential procurement of U.S. goods and services for project
implementation. This estimate should be broken down by category and dollar value of goods and services likely to be
imported for the project and a list of potential U.S. suppliers of the goods and services listed that are likely to be sourced
from the United States.
A report of discussions with a reasonable number of U.S. companies that could be exporters, and their level of interest in
the project, must also be included. In characterizing a given company's interest, care should be taken to note not only the
general interest in a sector or country, but also interest in the specific project and the candid opinion as to how
competitive the company's offerings would be were the project to reach the implementation stage. The Contractor should
be sensitive to disclosing information about the proposed USTDA activity, to ensure no one is given unfair advantage to
compete for USTDA's funding or the end project implementation. The Contractor shall submit a complete list of U.S.
companies contacted, with the name and contact information of individuals interviewed and their responses for each
Project recommended for USTDA funding. If any U.S. company wishes to keep its contact information or the details of
the interview confidential, the Contractor shall submit the required list of contacts with the interviewee's comments in a
confidential attachment at the end of the DM Final Report clearly marked "Confidential". Please reference Annex VII for
an example of the list required for submission.
From our interview with Azercosmos General Counsel, and based on Azercosmos Corporate
Governance, we understand that there are two procurement practices Azercosmos can pursue: an
RFP process or a Tender process. Both practices follow strict rules and guidelines. The Tender
process follows standard World Bank practices in which bidders must submit their financial
package in a separate envelope from the technical package for evaluation, and the selection process
can take up to one year.
Azercosmos intends to pursue an RFP process, which requires special authorization
from the Public
Procurement Agency. The RFP process provides for more give and take with the bidders from an
informational perspective as well as a financial one that culminates in a best and final offer.
In both RFP and Tender cases, the rules for bidding as well as the evaluation criteria are well
explained. This was corroborated by winning and losing bidders from the first Azerspace-1
procurement. In either case no requirement for local content is necessary or valued as a benefit for
the bidders. Transfer of technology, however, in the form of training would be required to support
the operations of the satellite.
Procurements above a certain value are, by law, conducted by committee. Azercosmos of the MCIT
organizes all tender issues and organizes the Evaluation Committee, which is led by the Chairman
of Azercosmos. Importantly, the Chairman of Azercosmos cannot be the Chairman of the Tender
Committee. The Chairman of Azercosmos does, however, appoint the Chairman of the Tender
Committee, which is a working group to perform the procurement.
The Evaluation Committee consists of the following membership:
2 members from MCIT
7 members from Azercosmos, including appointment
of the Chairman
1 member from the Ministry of Finance
1 member from the Ministry of Economic Development
FINAL REPORT: DEFINITIONAL MISSION TO AZERBAIJAN:
AZERCOSMOS – AZERSPACE-2 FEASIBILITY STUDY
August 07, 2013
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Each member carries a vote. Decisions are made based on a 75% majority. In addition,
subcommittees are formed that are headed by field experts in finance, engineering, and law who
report their comparative findings from the bidder’s response to the evaluation committee.
Regulatory Issues
The U.S. National Defense Authorization Act of 2013, signed by the President earlier this year, allows the
President to remove satellites and related equipment from the U.S. State Department's Munitions List, which
restricts the weapons material from export to other countries. With the President’s approval, satellites and
their components can be moved to a list managed by the U.S. Commerce Department, giving manufacturers
more flexibility to export the hardware. The technologies on the Commerce Department list are identified for
use by military and civilian programs.
The munitions list is part of the International Traffic in Arms Regulations (ITAR), which was expanded in
1999 to include satellites after a congressional investigation found that China received technical data from
U.S. satellite manufacturers during failure investigations of Chinese launch vehicles carrying US satellites.
Subsequently, numerous studies conducted on behalf of the U.S. government have concluded that most
communications satellites and related components could be removed from the U.S. munitions list without
harm to national security.
The system performance and design specifications of the Azerspace-2 satellite will determine the extent
which it will be subject to ITAR restrictions. The satellite’s final design will also determine which licensing
requirements—the State Department Munitions List, or the more relaxed export controls of the Commerce
Department list—will be followed.
SPI is confident that satellite manufacturers are now well versed in ITAR procedures and, like Orbital
Sciences for Azerspace-1, will be able to satisfactorily navigate through the export licensing process.
U.S. Export Opportunities
Currently there are a number of U.S. companies providing equipment and operational support for activities
relating to Azerspace-1. These include: Orbital Sciences and its US subcontractors (spacecraft); GlobeComm
Systems (ground station equipment); Marsh & McLennan; XL Specialty; Partner Re; Starr Aviation
(insurance broker and underwriters); Milbank Tweed (law firm); and Avascent (consultant).
Azerspace-2 offers a similar opportunity for U.S. vendors. SPI interviewed a number of potential U.S.-based
spacecraft and ground segment manufacturers, launch service providers, and insurance providers, who
expressed genuine interest in bidding for the Azerspace-2 satellite program upon the issuance of the RFP.
Companies interviewed included:
Satellite Manufacturers
Orbital Sciences Corporation
Boeing Satellite Systems
Ball Aerospace
Lockheed Martin
Loral Space
and Communications
SES Government Services
Launch Service Providers
SpaceX
Ground Station Electronics
Hughes Network Services
iDirect
Honeywell International
EADS
for Surrey, USA
Sierra Nevada Corp
GlobeComm
Export Potential in U.S. Dollar Terms
The potential for U.S. exports is significant. It is reasonable to expect that U.S. vendors have a
strong chance of winning the launch service contract (valued at $65 million to $95 million USD),
the spacecraft contract ($125 million to $175 million USD) or both. Ancillary services, such as
insurance, advisory services, and ground equipment (collectively worth $37 million to $62 million
USD) also represent good possibilities for U.S. vendors. It is very rare that a foreign government