1. Advance Contract Award Notice
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.
The purpose of this Advance Contract Award Notice (ACAN) is to signal the government’s intention to award a contract for the items detailed in section 2 to Montreal Bronze Ltd. 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 23-calendar day posting period.
If other potential suppliers submit a statement of capabilities during the 23-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.
2. Definition of the Requirement
The Department of National Defence has a requirement for the items detailed below. The delivery is requested at CFB Esquimalt, British Colombia and CFB Halifax, Nova Scotia.
Item 1, GSIN: 4820, NSN: 20-013-7721, VALVE, GLOBE
Part No.: 106-0751, NCAGE: 38881, MONTREAL BRONZE LTD
Quantity: 10, Unit of Issue: EA, to be delivered to CFB Esquimalt, British Colombia.
Item 2, GSIN: 4820, NSN: 20-013-7721, VALVE, GLOBE
Part No.: 106-0751, NCAGE: 38881, MONTREAL BRONZE LTD
Quantity: 10, Unit of Issue: EA, to be delivered to CFB Halifax, Nova Scotia.
Item 3, GSIN: 4820, NSN: 20-013-7887, VALVE, GLOBE
Part No.: 106-0719, NCAGE: 38881, MONTREAL BRONZE LTD
Quantity: 10, Unit of Issue: EA, to be delivered to CFB Esquimalt, British Colombia.
Item 4, GSIN: 4820, NSN: 20-013-7887, VALVE, GLOBE
Part No.: 106-0719, NCAGE: 38881, MONTREAL BRONZE LTD
Quantity: 10, Unit of Issue: EA, to be delivered to CFB Halifax, Nova Scotia.
Item 5, GSIN: 4820, NSN: 20-014-0349, VALVE, GLOBE
Part No.: 106-0750, NCAGE: 38881, MONTREAL BRONZE LTD
Quantity: 6, Unit of Issue: EA, to be delivered to CFB Esquimalt, British Colombia.
Item 6, GSIN: 4820, NSN: 20-014-0349, VALVE, GLOBE
Part No.: 106-0750, NCAGE: 38881, MONTREAL BRONZE LTD
Quantity: 6, Unit of Issue: EA, to be delivered to CFB Halifax, Nova Scotia.
3. Minimum Essential Requirements
Criteria for assessment of the Statement of Capabilities:
A) Any interested supplier must demonstrate by way of a statement of capabilities, in the form of a letter from the Original Equipment Manufacturer (OEM), upon request, stating that the OEM will supply the items listed in section 2.
OR,
B) Any interested supplier must demonstrate by way of a statement of capabilities that they can provide an equivalent product to the items listed in section 2 that is:
i. equivalent in form, fit, function, quality and performance to the equipment identified by Canada in section 2, and
ii. fully compatible, interchangeable and interoperable with the existing equipment owned by Canada identified in section 2.
iii. Products that are equivalent in form, fit, function and quality to the item(s) specified in section 2 will be considered where the Statement of
Capabilities:
i. designates the brand name, model and/or part number of the substitute product;
ii. states that the substitute product is fully interchangeable with the item specified;
iii. provides complete specifications and descriptive literature for each substitute product;
iv. provides compliance statements that include technical specifics showing the substitute product meets all mandatory performance criteria that are specified in the bid solicitation; and
v. clearly identifies those areas in the specifications and descriptive literature that support the substitute product's compliance with any mandatory performance criteria.
4. Applicability of Trade Agreements
This procurement is subject to the following trade agreements:
- Canadian Free Trade Agreement (CFTA)
- Revised World Trade Organization - Agreement on Government Procurement (WTO-AGP)
- Canada-European Union Comprehensive Economic and Trade Agreement (CETA)
- Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
- Canada-Chile Free Trade Agreement (CCFTA)
- Canada-Colombia Free Trade Agreement
- Canada-Honduras Free Trade Agreement
- Canada-Korea Free Trade Agreement
- Canada-Panama Free Trade Agreement
- Canada-Peru Free Trade Agreement (CPFTA)
- Canada-United Kingdom Trade Continuity Agreement (Canada-UK TCA)
- Canada-Ukraine Free Trade Agreement (CUFTA)
5. Justification for the Pre-Selected Supplier
The items sought by the Department of National Defence on this procurement as listed in section 2 are only manufactured by one supplier, Montreal Bronze Ltd. Montreal Bronze Ltd is the only manufacturer capable of performing the work.
6. Government Contracts Regulations Exception
Section 6 of the Government Contracts Regulations is invoked for this procurement under subsection 6(d) - only one person is capable of performing the work.
7. Exclusions and/or Limited Tendering Reasons
The following exclusion(s) and/or limited tendering reasons are invoked under the:
CFTA
Chapter 5 article 513(b)(iii) of the CFTA is applicable on the basis of limited tendering where the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist due to an absence of competition for technical reasons.
CETA
Article 19.12(b)(iii) of the CETA is applicable on the basis of limited tendering where the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist due to an absence of competition for technical reasons.
CPTPP
Article 15.10(2)(b) of the CPTPP is applicable on the basis of limited tendering under the circumstance that the good or service can be supplied only by a particular supplier and no reasonable alternative or substitute good or service exists due to the absence of competition for technical reasons.
WTO-AGP
Article XIII(b) of the WTO-AGP is applicable on the basis of limited tendering following circumstances where the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist due to an absence of competition for technical reasons.
8. Ownership of Intellectual Property
Ownership of any Foreground Intellectual Property arising out of the proposed contract will vest in the Contractor.
9. Delivery Date
The items listed in section 2 must be delivered by December 15th, 2024.
10. Cost Estimate of the Proposed Contract
The estimated value of the contract is $3,500,000 CAD (taxes extra).
11. Name and Address of the Pre-Identified Supplier
Montreal Bronze Ltd.
2490 des Entreprises Blvd.
Terrebonne, Quebec
J6X 4J8
12. Suppliers' Right to Submit a Statement of Capabilities
Suppliers who consider themselves fully qualified and available to provide the goods 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.
13. Closing Date for a Submission of a Statement of Capabilities
The closing date and time for accepting statements of capabilities is January 12, 2024, at 2:00 p.m. EST.
14. Inquiries and Submission of Statements of Capabilities
Inquiries and statements of capabilities are to be directed to:
Name: Jean-Pierre Normandin
Title: Material Acquisition and Support Officer
Directorate: D Mar P 4-3-3-4
Address: 101 Colonel By Drive
Ottawa, Ontario, K1A 0K2
E-mail address: j••••••••@••••••.••.ca
