Trade Agreement: Agreement on Internal Trade (AIT)
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:
RHEINMETALL CANADA INC.
225 boul.du Seminaire sud
Saint-Jean-sur-Richelieu Quebec
Canada
J3B8E9
Nature of Requirements:
Repair and Overhaul (R&O) - Multi Ammunition Softkill System
(MASS)
W8482-145790/A
1. Advance Contact Award Notice (ACAN) Explanation
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.
2. Definition of Requirement
The Department of National Defence has a requirement for the
Repair & Overhaul, Mobile Repair Party (MRP), Field Service
Representative (FSR), Special Investigation & Technical Studies
(SITS), Technical Investigations & Engineering Studies (TIES),
Consulting, and disposal in support of the Multi Ammunition
Softkill System (MASS) installed on the Halifax Class Ships..
3. Minimum Essential Requirements:
Any interested supplier must demonstrate by way of statement of
capabilities that it meets the following requirements:
The Contractor must have the necessary MASS infrastructure,
technical know-how and capabilities to provide the In-Service
Support (ISS) of the MASS system;
The contractor must have received the Transfer of Technology
from the Original Equipment Manaufaturer (OEM);
The Contractor must be established within 30 days after contract
award ready to be able to effect repairs;
Test Equipment is the Contractor's responsibility;
Contractor must have past experience working with/repairing of
the MASS system;
Spares are to be held at Contractor's facility for annual
maintenance; and
24 hour turn around time for delivery of urgent spares required
by DND.
4. Applicability of Trade Agreements
This requirement is exempt from the provisions of the North
American Free Trade Act (NAFTA) and World Trade Organization -
Agreement on Government Procurement (WTO-AGP) based on the
Federal Supply Classification (FSC) code of 10 services
exemption. All in accordance with NAFTA chapter 10, Annex
1001.1b-2, General and Note 1, and WTO-AGP, Annex 4, notes to
Annex 4.
The Agreement on Internal Trade (AIT) applies.
The Comprehensive Land Claims Agreements (CLCA) are not
applicable to this requirement as no goods and/or services will
be delivered or provided in a land claim area.
5. Government Contracts Regulations Exception
The following exemption to the Government Contracts Regulations
is invoked for this requirement under Part 1, subsection 6, (d):
Only one person or firm is capable of performing the contract;
6. Exclusions and Limited Tendering Reason
The following limited tendering reasons pertain to this
requirement:
i) Agreement on Internal Trade (AIT), Article 502.3,E. (c):
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;
ii) North American Free Trade Agreement (NAFTA), Article 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;
iii) World Trade Organization Agreement on Government
Procurement (WTO-AGP), Article XV, 1.(b):
When, for works of art or for reasons connected with 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.
7. Period of the Proposed Contract
This Repair and Overhaul requirement will be for a five (5) year
period with two (2) additional option years.
8. Proposed Contractor
Rheinmetall Canada Inc.
225 du Séminaire Sud,
Saint-Jean-sur-Richelieu QC
J3B 8E9 Canada
9. Suppliers' right to submit a statement of capabilities
Suppliers who consider themselves fully qualified and available
to provide the services and/or 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.
9. Closing Date
The closing date for a submission of a Statement of Capabilities
is 11 February 2014.
10. Inquiries and Submission of Statements of Capabilities
Electronics, Simulators and Defence Systems Division
Defence and Major Projects Sector
Acquisitions Branch
Public Works and Government Services Canada
11 Laurier St., Place du Portage III - 8C2, Gatineau, QC K1A 0S5
Attention: Valerie Fowler
Telephone: 1.819.956.2415
Facsimile: 1.819.956.0767
E-mail: v••••••••@••••••••.••.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.
