An ACAN is a public notice indicating to the supplier community that a department or agency intends to award a contract for goods or services 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.
Requirement Description
The Canada Revenue Agency (CRA) requires unlimited online access to a Canadian telephone directory database to provide CRA employees online access to the most current Canadian individual and business telephone numbers published in serving telephone companies’ telephone books (white and yellow pages).
The Supplier must:
provide online access to their database through a secure internet application, via standard web portal;
update their database on a monthly basis and provide confirmation of the update (for example, a search result displays a date stamp that indicates the date of the update);
be an authorized reseller of directory listings provided by the major telephone companies;
ensure their database includes directory listings from all provinces and territories in Canada;
ensure their search function permits individual and business name look-ups, and reverse telephone and address look-ups;
ensure their website is available in both English and French; and
assign one contact person to manage all CRA’s enquiries and requests; and provide general assistance.
Minimum Essential Requirements:
Any interested Supplier must demonstrate by way of a statement of capabilities that its product/system meets the following requirements:
The online database must be accessible through a secure internet application, via standard web portal;
The online database must be updated on a monthly basis and provide confirmation of the update (for example, a search result displays a date stamp that indicates the date of the update);
The Supplier must be an authorized reseller of directory listings provided by the major telephone companies in Canada;
The online database must include directory listings from all provinces and territories in Canada;
The online database must permit search function for both individual and business name look-ups, and reverse telephone and address look-ups; and,
The online database must be available in both English and French.
Proposed Contractor
Name: Deloitte LLP
Address: 20 Eglinton Avenue West, 5th Floor Toronto, On M4R 1K8
Proposed Period of Contract
The period of the contract shall be one (1) year with the option to extend the period of the contract for up to four (4) additional one year periods.
Estimated Value of the Proposed Contract
The proposed contract, including all options is estimated at $355,950.00 CAD, GST/HST included.
Sole Source Justification
Deloitte LLP is the only firm capable of meeting this requirement on the following basis:
Deloitte LLP has an exclusive relationship with Yellow Pages Group (YPG). YPG is the directory publisher for Telus, Manitoba Tel and Videotron White Pages data which covers British Columbia, Alberta, Manitoba and Quebec. No other data providers have access to this data.
Deloitte also holds an agreement with RSTS, a directory and telecommunications data management/processing firm which supplies data for all remaining provinces and territories, not listed above.
Applicable Limited Tendering Reasons
The Canada Revenue Agency (CRA) is proposing to award a contract as described above in accordance with the following exceptions:
CRA Contracts Directive
Article 5.2.c. of the CRA Contracts Directive is being invoked for this procurement as only one person or firm is capable of performing this contract.
Canadian Free Trade Agreement (CFTA)
Article 513 – (b) if the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist for any of the following reasons:
(i) the requirement is for a work of art;
(ii) the protection of patents, copyrights, or other exclusive rights;
(iii) due to an absence of competition for technical reasons;
(iv) the supply of goods or services is controlled by a supplier that is a statutory monopoly;
(v) to ensure compatibility with existing goods, or to maintain specialized goods that must be maintained by the manufacturer of those goods or its representative;
(vi) work is to be performed on property by a contractor according to provisions of a warranty or guarantee held in respect of the property or the original work;
(vii) work is to be performed on a leased building or related property, or portions thereof, that may be performed only by the lessor; or
(viii) the procurement is for subscriptions to newspapers, magazines, or other periodicals;
World Trade Organization – Agreement on Government Procurement (WTO-AGP)
Article XIII – Limited Tendering is applicable under any of the following circumstances:
1b) where the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist for any of the following reasons:
i. the requirement is for a work of art;
ii. the protection of patents, copyrights or other exclusive rights; or
iii. due to an absence of competition for technical reasons
Canada-Chile Free Trade Agreement (CCFTA)
Article Kbis-09: Tendering Procedures
1. Entities may award contracts by means other than open tendering procedures, provided that the tendering procedure is not used to avoid competition or to protect domestic suppliers in the following circumstances, where applicable:
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;
Canada-Korea Free Trade Agreement (CKFTA)
Chapter incorporates by reference the rights and obligations as listed in the Annex to the WTO Protocol
WTO-AGP –Article XIII – Limited Tendering is applicable under any of the following circumstances:
1b) where the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist for any of the following reasons:
i. the requirement is for a work of art;
ii. the protection of patents, copyrights or other exclusive rights; or
iii. due to an absence of competition for technical reasons
Canada-Ukraine Free Trade Agreement (CUFTA)
10.13 (b) if the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist for any of the following reasons:
(i) the requirement is for a work of art;
(ii) the protection of patents, copyrights or other exclusive rights; or
(iii) due to an absence of competition for technical reasons;
Comprehensive Economic and Trade Agreement (CETA)
19.12b) if the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist for any of the following reasons:
the requirement is for a work of art;
the protection of patents, copyrights or other exclusive rights; or
due to an absence of competition for technical reasons;
Supplier’s Rights
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 Contracting Authority 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.
When submitting a Statement of Capabilities, the supplier must send responses to the email address indicated below no later than 2018-09-17 by 14:00. The email must reference the CRA file number and the ACAN closing date in the subject line.
C••••••••@•••••••.••.ca
