DIDACTICIEL DE FORMATION LINGUISTIQUE LRDG

Trade Agreement: WTO-AGP/NAFTA/AIT/Canada-Peru
FTA/Canada-Colombia FTA
Tendering Procedures: Generally only one firm has been invited
to bid
Attachment: None
Non-Competitive Procurement Strategy: Exclusive Rights
Comprehensive Land Claim Agreement: No
Vendor Name and Address:
Language Research Development Group
1407 Saint Alexandre St.,
Montreal Quebec
Canada
H3A2G3
Nature of Requirements:
File No.: 21120-129397/A
Contracting Authority: Dubé, Robert
Telephone No. - (819) 956-0473
Fax No. - (819) 953-3703
E-mail: r••••••••@••••••••.••.ca

ACAN for
Language Research Development Group Inc. (LRDG) language
training software.

REQUIREMENT:

The Department of Public Works and Government Services Canada
(PWGSC), on behalf of Correctional Service Canada (CSC), intends
to enter into a sole source contract with Language Research
Development Group Inc. (LRDG), Montreal, Québec, for the
purchase of Licenses for a second-language training software
products "For the Love of English" and "Pour l'amour du
français". The language training software, which is proprietary
to LRDG, is the only known Commercial off-the shelf (COTS)
solution that satisfies the requirement described below.

Correctional Service Canada (CSC) requires a fully interactive
self-study modular, CD-ROM and DVD-ROM based French as a Second
Language (FSL) and English as a Second Language (ESL) training
solution which includes audio/video segments, self scoring
tests, exercises, and reference manuals.

Only the proposed Contractor meets all of the following
Mandatory Requirements:

1. The solution must deliver, enable and support evaluation and
training standards, which are in accordance with Government of
Canada, Treasury Board of Canada Secretariat Qualification
Standards in relation to Official Languages:
http://www.tbs-sct.gc.ca/gui/squn03-eng.asp#section3.

2. The solution must facilitate the learning of employees in an
interactive environment and must include evaluation and training
sessions by computer.

3. The solution must deliver, enable and support French as a
Second Language (FSL) and English as a Second Language (ESL)
training by allowing the users to enhance, increase and improve
their language levels skills in accordance with Government of
Canada Qualifications Standards.

4. The solution must provide a fully interactive self-study
modular, CD-ROM and DVD-ROM based Canadian-French and
Canadian-English language training program and must deliver,
enable and support the functionality for users to access the
training from home, a laptop and work desktop without the
requirement to connect to any outside server.

5. The solution must provide, for DVD format, unique passwords
in order to allow CSC to monitor usage. The passwords must have
the following characteristics:

a) Randomly generated and unique to each CSC employee
b) Capability to send unique codes via e-mail
c) Permit the employee access to specific modules
d) Provide CSC reports of usage

6. The solution must deliver, enable and support the
functionality to evaluate the user's language proficiency and
start the training at the appropriate level based on the
Government of Canada Qualification Standards

7. The solution must deliver, enable and support telephone
assistance from a Qualified Instructor possessing a valid degree
in Education and experience, in accordance to a schedule to
accommodate students, across Canada. Costs of telephone calls
must be borne by the Contractor.

8. The solution must deliver, enable and support in a secure
environment the following and automated reporting functionality
by individual student:

a) Complete individual learning profile
b) On-line access by the student to his profile
c) On-line access by administrators, with varying access rights,
to groupings of students by department, region or nationally
d) Ability for the client to download reports electronically
e) Complete billing justification and audit
f) The Contractor must make available at his expense an on-line
student registration system with appropriate security. It must
also allow CSC management to review and authorize activity with
students.

9. The solution must provide, and ensure full follow up and
audit capability of individual billing for training sessions.

10. The Contractor must provide an online tracking system or a
Learning Management System (LMS) for the Client to monitor the
number of modules acquired, their student learning profile and
employee records such as Preliminary Evaluation Reports, End of
Session Reports, End of Module Reports, etc.

11. Online self placement tests must be available through the
Contractor's website and through a portal site for learners
using the program from home.

12. The Contractor must provide one (1) copy of the technical,
installation and operations manuals for the Licensed Software.
Updates, revisions and new manuals applicable to components of
the Licensed Software must be provided at no additional charge
within ten (10) calendar days of availability, throughout the
duration of any Maintenance and Support Services' period.

13. The Contractor's website shall provide support in English
and French and shall be available to the Client 24 hours a day,
7 days a week.

The conditions of the developer's shrink-wrap license are not
acceptable to the Crown. This software is proprietary, and the
proposed Contractor must have the authority to negotiate the
terms and conditions of the contract and the related software
licensing terms including, but not limited to; limitation of
liability, indemnification, transferability of license,
termination/refund to the Crown.

Section 6 of the Government Contract Regulations is being
invoked in this procurement as only one person or firm is
capable of performing the contract.

Annex 4.4 articles 506.12 (a) and 506.12 (b) of AIT are
applicable on the basis of limited tendering due to
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, and where there is an
absence of competition for technical reasons and the goods or
services can be supplied only by a particular supplier and no
alternative or substitute exists, respectively.

Articles 1016.2 (b) and 1016.2 (d) of NAFTA are applicable on
the basis of limited tendering due to reasons 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, for additional deliveries by the original supplier that
are intended either as replacement parts or continuing services
for existing supplies, services or installations, or as the
extension of existing supplies, services or installations, where
a change of supplier would compel the entity to procure
equipment or services not meeting requirements of inter
changeability with already existing equipment or services,
including software to the extent that the initial procurement of
the software was covered by this Chapter, respectively.

Articles XV (b) and XV (d) of WTO-AGP are applicable on the
basis of governing open and selective tendering procedures need
not apply in the following conditions, provided that limited
tendering is not used with a view to avoiding maximum possible
competition or in a manner which would constitute a means of
discrimination among suppliers of other Parties or protection to
domestic producers or suppliers:

(b) when, for works of art or for reasons connected with
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;

(d) for additional deliveries by the original supplier which are
intended either as parts replacement for existing supplies, or
installations, or as the extension of existing supplies,
services, or installations where a change of supplier would
compel the entity to procure equipment or services not meeting
requirements of interchangeability with already existing
equipment or services.

PERIOD OF CONTRACT

The Contractor must deliver the Licensed Software, the
documentation and all required methodologies within ten (10)
working days after the date of contract award. The Contract will
be for a period of 1 year.

Delivery Date: Above-mentioned

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.

If you wish to submit a written response showing that you are
capable of meeting this requirement, it must be done not later
than the specified closing date and time. As it is intended to
proceed in a timely manner, responses received after the closing
date will not be considered.

Responses received on or before the closing date will be
considered solely for the purpose of deciding whether or not to
conduct a competitive procurement. Information provided will be
used by the Crown for technical evaluation purposes only and
will not to be construed as a proposal. Your written response
must provide sufficient evidence (e.g. specifications, technical
data, drawings, or any other proof) that clearly demonstrates
that your product or service is capable of fulfilling this
requirement.

Suppliers that have submitted a response will be notified in
writing of PWGSC's decision whether to continue with the
aforementioned procurement or to compete the requirement.

You are hereby notified that the government intends to solicit a
bid and negotiate with one firm only as identified above. Should
you have any questions concerning this requirement, contact the
contracting officer identified above. 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.
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.