Trade Agreement: CETA / WTO-AGP / CPTPP / NAFTA / FTAs with Peru / Colombia / Panama / Korea
Tendering Procedures: Generally only one firm has been invited to bid
Non-Competitive Procurement Strategy: Exceptional Circumstances Under Article 508 (1) of AIT
Comprehensive Land Claim Agreement: No
Vendor Name and Address:
Field Aviation Company Inc.
Field Aviation East ltd
2450 Derry Road East
Hangar #2
Mississauga Ontario
Canada
L5S1B2
Nature of Requirements:
TCAS Software Upgrade for Dash 8
T8493--180055/A
Long, Rick
Telephone No. - (873) 469-3868 ( )
Email: R••••••••@••••••••.••.ca
1. An ACAN is a public notice indicating to the supplier community that a department or agency intends to award a contract for goods, services or construction 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.
2. Definition of the Requirement:
Transport Canada (TC) operates the National Aerial Surveillance Program (NASP) to help prevent pollution from ships using three TC owned and operated aircraft located across Canada. These aircraft are required to operate in airspace that is requlated by Transport Canada or the Federal Aviation Administration (FAA) and must be compliant with all applicable regulations from both. They also operate in special missions envelopes that place the crew and aircraft at higher risk than would normally be acceptable in commercial operations. As such every possible risk mitigation factor must be considered and implemented in order to safely meet ASD’s mandate. In order to achieve this, Canada requires its fleet of two (2) DeHavilland DHC-8M-100 to be upgraded to the newest version of Traffic Collision Avoidance System (TCAS) software currently approved by International Civil Aviation Organization (ICAO) (7.1). We require the purchase of 2 TCAS Processors P/N 822-1293-033 and the upgrade of one (1) TC owned spare to P/N 822-1293-033. This provides commonality among the three aircraft and improves reliability and increases serviceability.
3. Criteria for assessment of the Statement of Capabilities (Minimum Essential Requirements):
Any interested supplier must demonstrate by way of a statement of capabilities that its product meets the following requirements:
A. The supplied and modified Line Replaceable Units (LRU) must be P/N 822-1293-033 with TCAS Software Level 7.1.
B. Supplied LRU’s must be accompanied by certification documents acceptable under Canadian Aviation Regulations for the item being supplied.
C. Engineering must be an already approved TC Supplemental Type Certificate (STC) or Limited STC (LSTC) applicable to TC ASD’s S/N’s of Dash-8 100 series aircraft.
D. STC, documents and Line Replaceable Units (LRU) must be delivered to TC ASD on or before March 29, 2019.
4. Applicability of the trade agreement(s) to the procurement
This requirement is subject to the provisions of the North American Free Trade Agreement (NAFTA), the World Trade Organization - Agreement on Government Procurement (WTO-AGP), the Canada Chile Free Trade Agreement (CCFTA), the Canada Peru Free Trade Agreement (CPFTA), and the Canadian Free Trade Agreement (CFTA)
5. Set-aside under the Procurement Strategy for Aboriginal Business
Not Applicable.
6. Comprehensive Land Claims Agreement(s)
Not Applicable.
7. Justification for the Pre-Identified Supplier
The recommended supplier is the owner of the Intellectual Property (IP), namely the Supplemental Type Certificate (STC) to install the required upgrade on the Dehavilland DHC-8M-100 aircraft. They have extensive experience with Transport Canada aircraft and intimate knowledge of their systems and Dash-8 aircraft in general. The recommended supplier already has the required STC revision developed and available immediately, as well as inventory available to ship to meet our critical timelines.
8. Government Contracts Regulations Exception(s)
The following exception to the Government Contracts Regulations is invoked for this procurement under subsection 10.2 Section 6(d) - "only one person is capable of performing the work").
9. Exclusions and/or Limited Tendering Reasons
The following exclusion(s) and/or limited tendering reasons are invoked under the section of the trade agreement(s) specified:
Canadian Free Trade Agreement Article 513 1. 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;
World Trade Organization - Agreement on Government Procurement
WTO Article XV, 1(b) when, 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;
North American Free Trade Agreement
NAFTA 1016: 2.(b) 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.
10. Ownership of Intellectual Property.
Ownership of any Foreground Intellectual Property arising out of the proposed contract will vest in the Contractor.
11. The period of the proposed contract or the delivery date(s).
The units must be delivered by 29 March 2019.
12. Name and address of the pre-identified supplier:
Name: Field Aviation Company Inc.
Address: 2450 Derry Road East, Hangar #2, Mississauga, Ontario
13. Suppliers' right to submit a statement of capabilities
Suppliers who consider themselves fully qualified and available to provide the goods, services or construction services described in the ACAN, 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.
14. The closing date for a submission of a statement of capabilities.
The closing date and time for accepting statements of capabilities is 27 February 2019 at 2:00 p.m. EST.
15. Inquiries and statements of capabilities are to be directed to:
Name: Rick Long, Supply Specialist
Address: 11 Laurier Street, Gatineau, Quebec K1A 0S5, PDP III-8C1
Telephone: (873) 469-3868
Email: R••••••••@••••••••.••.ca
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.
