1. Definition
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 competitive requirements of the government's contracting policy have been met. Following notification to suppliers not successful in demonstrating that their Statement of Capabilities meets the requirements set out in the ACAN, the contract may then be awarded using the Treasury Board's electronic bidding authorities.
If other potential suppliers submit Statement of Capabilities during the fifteen calendar day posting period, and meet the requirements set out in the ACAN, the department or agency must proceed to a full tendering process on either the government's electronic tendering service or through traditional means, in order to award the contract.
2. Definition of Requirements
Background:
ENERGY STAR Portfolio Manager, developed by the U.S. Environmental Protection Agency (EPA), is an industry-leading, no-cost online tool that allows building owners and managers to benchmark, track, and manage energy and water consumption and greenhouse gas emissions against national averages. It can be used to benchmark the performance of one building or a whole portfolio of buildings, to produce custom reports, charts and graphs allowing you to analyze data, manage energy use, develop energy-efficiency designs, programs and policies, and improve building performance. Building owners using the ENERGY STAR Portfolio Manager tool are saving approximately 2.4% per year in energy use. By March 31, 2016, savings through the use of the tool is estimated to aggregate about $50 million to the buildings sector in addition to facilitating the ability of businesses in Canada and the United States to make investments in real property holdings located in both countries.
In the fall of 2011, Natural Resources Canada and the U.S. Environmental Protection Agency signed an agreement to adapt the ENERGY STAR Portfolio Manager tool for Canada. The updated tool includes the following features to facilitate the Canadian-user experience: Canadian source energy, Canadian greenhouse gas emissions factors, Canadian 1-100 ENERGY STAR energy performance scales for K-12 schools and commercial office space (other building types will be added over time), enhanced Canadian weather data (over 150 Canadian weather stations), metric units, French language, automatic selection of the closest weather station based on the postal code of the building.
Canadian data in ENERGY STAR Portfolio Manager tool is co-located on a shared IT infrastructure managed exclusively by the U.S. EPA. However, Canadian data is stored in a separate/distinct location within the server. Since the U.S. EPA has a sole contract with SRA Inc. for IT support services for the ENERGY STAR Portfolio Manager, NRCan is obligated to utilize the same contractor.
NRCan is responsible for the management of the Canadian data in the US EPA’s ENERGY STAR Portfolio Manager tool. As such, NRCan requires the support of a contractor to provide IT-related project management and reporting services.
Objectives:
The Contractor will provide Natural Resources Canada (NRCan) with IT technical and reporting services for the Canadian adaptation of the United States EPA’s ENERGY STAR Portfolio Manager application.
3. Trade Agreements
Applicable Limited Tendering Provision under WTO-AGP (Article XV.1)
XV.1 (a) - protection of exclusive rights, such as patents or copyrights, or in the absence of competition for technical reasons, the products or services can be supplied only by a particular supplier and no reasonable alternative or substitute exists.
Applicable Limited Tendering Provision under NAFTA (Article 1016.2)
1016.2(b) - where, for works of art, or for reasons connected with the protection of patents, copyrights or other exclusive rights, or proprietary information or where there is an absence of competition for technical reasons, the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute exists.
Applicable Limited Tendering Provision under AIT (Article 506.12)
506.12(a) - to ensure compatibility with existing products, to recognize exclusive rights, such as exclusive licenses, copyright and patent rights, or to maintain specialized products that must be maintained by the manufacturer or its representative.
4. Title to Intellectual property
The Contractor will take ownership of the Foreground Information arising from the performance of the work in accordance with the Treasury Board Policy on Intellectual Property. For reference, the Treasury Board Site is: http://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=13697
SACC Manual clause 4006 - Contractor to Own Intellectual Property Rights in Foreground Information (2010-08-16).
5. Contract Period
- Initial Contract Period: June 1, 2015 to March 31, 2015;
- Option Period 1: April 1, 2015 to March 31, 2016;
- Option Period 2: April 1, 2016 to March 31, 2017;
- Option Period 3: April 1, 2017 to March 31, 2018;
- Option Period 4: April 1, 2018 to March 31, 2019;
6. Estimated Cost
The total contract value shall not exceed $474,817 US (taxes not applicable).
- Initial Contract Period (10 months): $81,021 US (taxes not applicable);
- Option Period 1 (12 months): $95,403 US (taxes not applicable);
- Option Period 2 (12 months): $97,302 US (taxes not applicable);
- Option Period 3 (12 months): $99,350 US (taxes not applicable);
- Option Period 4 (12 months): $101,741 US (taxes not applicable);
7. Exception to the Government Contracts Regulations and applicable trade agreements
Part 1, Section 6 (d) of the Government Contract Regulations states: “Only one firm/person is able to provide the services”.
Under the Clean Energy Dialogue, Canada and the U.S. initiated a process to adapt the Portfolio Manager Benchmarking Tool for use in Canada. Adaptation and adoption of the tool for Canada was identified as having significant potential benefits in terms of energy savings for the Canadian commercial buildings sector.
This collaboration between the U.S. EPA and NRCan is governed by a Collaborative Research and Development Agreement (CRADA). The U.S. EPA owns ENERGY STAR Portfolio Manager and is responsible for directing all the work related to the tool development. The CRADA does not cover the data support services as it relates to Canadian data.
Canadian data in ENERGY STAR Portfolio Manager tool is co-located on a shared IT infrastructure managed exclusively by the U.S. EPA. NRCan is responsible for the management of the Canadian data in the tool. As such, NRCan requires the support of a contractor to provide IT-related project management and reporting services.
Since the U.S. EPA has entered into a contract with SRA International, Inc. for IT support services for development, adaptation, and ongoing operation of the ENERGY STAR Portfolio Manager tool, NRCan is obligated to utilize the same contractor due to an exclusivity clause between EPA and SRA International Inc. In addition, by virtue of the U.S. EPA’s contract with SRA Interntational Inc, this contractor is the only IT contractor with permission to access and manipulate data and code associated with ENERGY STAR Portfolio Manager tool. Therefore, NRCan must also enter into a contract with SRA International, as other contractors would not be granted access to the database and code by U.S. EPA.
NRCan cannot go against this contractual arrangement between its partner (U.S. EPA) and its service provider (SRA International Inc.). Therefore, a non-competitive process is required to retain the services of this firm.
8. Name and Address of the Proposed Contractor
SRA International, Inc.
4300 Fair Lakes Court
Fairfax, Virginia 22033
USA
9. Inquiries on Submission of Statement of Capabilities
"Suppliers who consider themselves fully qualified and available to provide the services/goods described herein, may submit a Statement of Capabilities in writing, preferably by e-mail, to the contact person identified in this Notice on or before the closing date and time of this Notice. The Statement of Capabilities must clearly demonstrate how the supplier meets the advertised requirements."
10. Closing Date
Closing Date: May 15, 2014
Closing Time: 2:00 PM EDT
