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:
Bombardier Inc.
Bombardier Aerospace
123 Garratt Blvd.
Downsview Ontario
Canada
M3K1Y5
Nature of Requirements:
1. DEHAVILLAND DASH 8 AIRCRAFT PUBLICATIONS RENEWALS - ACAN
Offeror is to provide publication renewals in support of
Transport Canada's fleet of deHavilland Dash 8 aircraft on an as
and when required basis during the period August 01, 2012 to
July 31, 2017.
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 exclusive rights to
the drawings, specifications and other in-service publications
that are required to maintain these aircraft. Public Works and
Government Services Canada (PWGSC) intends to solicit an
proposal and negotiate a Standing Offer with Bombardier Inc. in
Downsview, Ontario.
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.
