Trade Agreement: WTO-AGP/NAFTA/AIT/Canada FTAs with
Peru/Colombia/Panama
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:
Bell Helicopter Textron Canada Limited
12 800 rue de l'Avenir
Mirabel Quebec
Canada
J7J1R4
Nature of Requirements:
1. FACTORY DIRECT BELL PARTS - ACAN
Offeror is to supply new factory direct Bell Helicopter parts,
components and ground support equipment for Bell type
helicopters operated by the Department of Transport such as
those found on Bell 206B, 206L, 206L1, 212 and 407 helicopters
but not limited to, on an as and when requested basis, for a
three year period with the possibility of a two year extension.
The following are mandatory requirements:
M1 - The Offeror must be an authorized distributor of Genuine
Bell Helicopter Parts.
M2 - Airworthiness certificates must accompany each unit as laid
out by the Canadian Aviation Regulations (CAR 571).
M3 - The offeror must sell/provide only parts that are approved
by and listed in the maintenance/parts manuals and service
bulletins that have been produced by the Original Equipment
Manufacturer (OEM), or the original parts manufacturer.
M4- Unless otherwise approved by the Technical Authority,
material must be new and conform to the latest issue of the
applicable drawing, specification or part number that is in
effect on the requested service date.
M5 - The Offeror must have a significant inventory of Bell
Helicopter shelf stock parts (defined as having 2000 different
SKU (stock keeping unit) items or more of Bell Helicopter shelf
stock parts).
M6 - The Offeror must have the ability to process Aircraft On
Ground orders within 4 hours.
M7 - Offerors must make reasonable effort to review warranty
claims and provide sound reasoning for warranty denial.
2. GOVERNMENT CONTRACTS REGULATIONS (GCR) EXCEPTION AND LIMITED
TENDERING REASON, IF APPLICABLE:
GCR Part 1, Section 6 d) only one supplier (person or firm) is
capable of performing the contract.
3. BACKGROUND AND JUSTIFICATION
The proposed vendor is the OEM which holds all rights to the
intellectual property of Bell Helicopter specified parts.
Public Works and Government Services Canada (PWGSC) intends to
solicit an proposal and negotiate a Standing Offer with Bell
Helicopter in Mirabel, Quebec.
4. THE FOLLOWING LIMITED TENDERING REASONS PERTAIN TO THIS
REQUIREMENT.
WTO-AGP - ARTICLE XV
1a) 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.
AIT - ARTICLE 506
12. Where only one supplier is able to meet the requirements of
a procurement, an entity may use procurement procedures that are
different from those described in paragraphs 1 through 10 in the
following circumstances: (b) 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.
NAFTA - ARTICLE 1016
2. An entity may use limited tendering procedures in the
following circumstances and subject to the following conditions,
as 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.
FTA PERU - ARTICLE 1409: LIMITED TENDERING
1. (b) 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: (ii)
the protection of patents, copyrights or other exclusive rights.
FTA COLUMBIA - ARTICLE 1409: LIMITED TENDERING
1. (b) 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: (ii)
the protection of patents, copyrights or other exclusive rights.
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.
