Trade Agreement: 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:
IBM Canada Ltd.
340 Albert Street
16th Floor, Suite 1610
Ottawa Ontario
Canada
K1R7Y6
Nature of Requirements:
REQUIREMENT:
Canada Border Services Agency (CBSA) has a requirement for two
(2) Rational Appscan Standard Edition licenses. The purpose of
this Advance Contract Award Notice (ACAN) is to signal the
government's intention to award a contract for these goods to
IBM Canada Ltd (Ottawa, Ontario, Canada). Before awarding a
contract, however, the government would like to provide other
suppliers with the opportunity to demonstrate that they are
capable of satisfying the requirements set out in this Notice,
by submitting a statement of capabilities during the 15 calendar
day posting period.
If other potential suppliers submit a statement of capabilities
during the 15 calendar day posting period that meet the
requirements set out in the ACAN, the government will proceed to
a full tendering process on either the government's electronic
tendering service or through traditional means, in order to
award the contract.
If no other supplier submits, on or before the closing date, a
statement of capabilities meeting the requirements set out in
the ACAN, a contract will be awarded to the pre-selected
supplier.
MANDATORY REQUIREMENTS:
The software solution must meet all of the following mandatory
requirements:
1. Must provide dynamic application security testing for all web
application vulnerabilities as identified in version 2 of the
Web Application Security Consortium Threat Classifications and
the Open Web Application Security Project top 10 threats.
2. Must have enhanced Cross Site Scripting vulnerability
detection using XSS analysis.
3. Must support integrated application security testing for
run-time analysis and defect tracking.
4. Must provide vulnerability testing capabilities for Web
Service interfaces (SOAP and REST).
5. Must provide vulnerability reporting that includes
remediation advice.
6. Must meet PCI DSS scanning requirements.
7. Must integrate with Rational ClearQuest.
8. Must integrate with a Web Application Firewall (WAF).
IBM Canada Ltd. is the only known vendor that can meet all the
above mandatory requirements. IBM Canada Ltd. is the Software
Publisher of the required software products and is the only
vendor that can satisfy the requirements for the reason of
exclusive and proprietary rights.
Section 6(d) 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) 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.
Articles 1016.2(d) of NAFTA are applicable on the basis of
limited tendering due to 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.
PERIOD OF CONTRACT:
The software must be delivered within 10 business days of any
resulting contract. The period of the contract will be from
contract award date up to and including one year later.
You are hereby notified that the Government intends to solicit a
bid and negotiate with one firm only as identified above.
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. The file number,
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.
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 is
not to be construed as a competitive solicitation. 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 to continue with the non-competitive
procurement or to compete the requirement.
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.
