ADVANCE CONTRACT AWARD NOTICE (ACAN)
1. Advance Contract Award Notice (ACAN)
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 Requirements
The department of Natural Resources Canada (NRCan) has the following requirement:
Natural Resources Canada (NRCan) oversees the United States Environmental Protection Agency’s (EPA) SmartWay Transport Partnership (SmartWay) initiative in Canada, which encourages freight companies to make their operations as energy efficient as possible.
Since freight transportation is on a North American-scale, NRCan intends to provide SmartWay tools that are consistent with the US EPA SmartWay program, who updates their tools annually. However, since the tools are developed for an English-speaking and American audience by the US EPA, it is currently only available in English and in US customary units (e.g. US gallons, short tons). To allow for Canadian transporters to use the tools, it is necessary that they are converted into metric and that French language versions of the tools are made available.
In addition, NRCan will work in coordination with the US EPA and the supplier to develop a Canadian version of the SmartWay Ocean Going Vessel (OGV) calculator tool, as well as online versions of the Truck, Multimodal, Logistics, and Shipper Excel Tools.
3. Criteria for Assessment of the Statement of Capabilities
Any interested supplier must demonstrate by way of a statement of capabilities that it meets the following requirements:
The supplier must have permission from the US EPA to modify the SmartWay tools for the Canadian audience. U.S. EPA owns the intellectual property rights to the SmartWay tools.
The supplier must have the capability to modify, maintain, and update the Canadian versions of the SmartWay Excel Tools: Multimodal Tool, Logistics Tool, Shipper Tool, Truck Tool, Barge Tool, and Air Tool, as well as the Small Truck Carrier On-line Tool
The supplier must have the capability to develop on-line versions of the Truck Carrier Tool, Logistics Tool, Shipper Tool, Multimodal Carrier Tool, Ocean Going Vessel Calculator Tool
The supplier must have the capability to host and update the SmartWay Database and Portal.
4. Trade Agreements
This procurement is subject to the following trade agreement(s):
Comprehensive Economic and Trade Agreement (CETA),
World Trade Organization - Agreement on Government Procurement (WTO-AGP)
North America Free Trade Agreement (NAFTA)
Canadian Free Trade Agreement (CFTA);
Canada-Chile Free Trade Agreement (CCFTA)
Canada-Columbia Free trade Agreement (CCoFTA)
Canada-Honduras Free Trade Agreement (CHFTA)
Canada-Panama Free Trade Agreement (CPaFTA)
Canada-Peru Free Trade Agreement (CPFTA)
Canada-Korea Free Trade Agreement (CKFTA)
5. Justification for the Pre-Identified Supplier
The supplier mentioned in section 11 below is the only known supplier that meets the mandatory criteria set out in section 3 above.
Should Canada receive a statement of capabilities from a supplier that contains sufficient information to indicate that it meets the requirements set forth in this ACAN, a competitive process will be triggered with a technical and financial evaluation methodology of the bids proposed by the potential bidders
6. Exception to the Government Contracts Regulations
The following exception to the Government Contracts Regulations is invoked for this procurement under subsection 6(d) – “only one person is capable of performing the work.
The identified provider, Eastern Research Group, is the only one able to meet all of the criteria identified in paragraph 3 above.
7. Exclusions and/or Limited Tendering Reasons
The following exclusion(s) and/or limited tendering reasons are invoked under the:
North American Free Trade Agreement (NAFTA) (Article 1016.2)
1016.2(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;
1016.2(d) - 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 interchangeability with already existing equipment or services, including software to the extent that the initial procurement of the software was covered by this Chapter;
Canada-Chile Free Trade Agreement (Article Kbis-09)
Kbis-09 (b) - 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;
Kbis-09 (c) - c. for additional deliveries by the original supplier that are intended either as replacement parts, extensions, or continuing services for existing equipment, software, services or installations, where a change of supplier would compel the entity to procure goods or services not meeting requirements of interchangeability with existing equipment, software, services, or installations.
Canada-Peru / Canada-Colombia (Article 1409)
1409 (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:
(i) the requirement is for a work of art,
(ii) the protection of patents, copyrights or other exclusive rights, or
(iii) due to an absence of competition for technical reasons;
1409 (c) for additional deliveries by the original supplier of goods or services that were not included in the initial procurement where a change of supplier for such additional goods and services:
(i) cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services, or installations procured under the initial procurement, and
(ii) would cause significant inconvenience or substantial duplication of costs to the procuring entity;
Canadian Free Trade Agreement (CFTA) - (Article 513 b)
513 (b) if 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:
(i) the requirement is for a work of art;
(ii) the protection of patents, copyrights, or other exclusive rights;
(v) to ensure compatibility with existing goods, or to maintain specialized goods that must be maintained by the manufacturer of those goods or its representative;
World Trade Organization - Agreement on Government Procurement (WTO-AGP) – (Articles XIII (b))
Article XIII (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:
the requirement is for a work of art;
the protection of patents, copyrights or other exclusive rights; or
iii.) due to an absence of competition for technical reasons;
8. Ownership of Intellectual Property
Canada intends to retain ownership of any Foreground Intellectual Property arising out of the proposed contract on the basis that the main purpose of the contract is to generate knowledge and information for public dissemination.
9. Period of the Contract
The period of the contract will be from Contract Award to March 31, 2021. With the possibility of two (2) additional one (1) year option periods.
10. Estimated Cost
The estimated maximum value of the contract is $948,400.00 USD inclusive.
$ 398,400 initial contract
$ 350,000 option year 1
$ 200,000 option year 2
$ 948,400 USD total estimated cost
11. Name and Address of the Proposed Contractor
Eastern Research Group, Inc.
3508 Far West Blvd, Suite 210
Austin, TX USA 78731
12. Suppliers’ right to submit a statement of capabilities
Suppliers who consider themselves fully qualified and available to provide the services/goods described herein, may submit a Statement of Capabilities in writing, preferably by e-mail, to the contact person identified in this Notice on or before the closing date and time of this Notice. The Statement of Capabilities must clearly demonstrate how the supplier meets the advertised requirements.
13. Closing Date
The closing date for a submission of a Statement of Capabilities is February 28, 2020 at 14:00 Eastern Standard Time.
14. Contract Authority
Andrea Berthelet
Procurement Specialist
Natural Resources Canada
580 Booth Street
Ottawa, ON K1A 0E4
Telephone: (343) 543-7092
E-mail: a••••••••@••••••.ca
