Trade Agreement: Canadian Free Trade Agreement (CFTA)
Tendering Procedures: Generally only one firm has been invited to bid
Non-Competitive Procurement Strategy: Exclusive Rights
Comprehensive Land Claim Agreement: No
Vendor Name and Address:
Martec Limited
Martec Limited
237 Brownlow Ave, Suite 200
Dartmouth Nova Scotia
Canada
B3B2C7
Nature of Requirements:
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 the requirement
The Department of National Defence has a requirement to provide Technical Investigation and Engineering Services (TIES) in support of the Naval Platform Survivability Systems (NPSS) for all classes of combatant within the Royal Canadian Navy. The current classes of combatant are the Halifax Class frigates and the Victoria Class submarines. The work will involve the following: updating, maintaining, managing and providing the Life Cycle Material Management support for the NPSS. This TIES also requires advanced analytical and software development capability in areas specific to weapons effect and signature modeling using Trident and VAST source codes. The Trident and VAST software tools are used to perform advanced analysis of structural response of frigates and submarines to weapons effects.
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 it meets the following requirements:
(a) The Contractor must possess a license with software development capability of the Trident and VAST source codes;
(b) The Contractor must demonstrate a minimum a five (5) years of demonstrated experience to provide Technical Investigation and Engineering Services; and a minimum of five (5) years of demonstrated experience with Naval Platform Survivability System, including the Halifax Class frigates and Victoria Class submarines;
(c) The Contractor’s team of personnel must include one (1) Senior Finite Element Analysis (FEA) Engineer, one (1) Senior Computational Fluid Dynamic (CFD) Engineer, one (1) Computer Science Specialist and one (1) Junior Engineer.
(d) The Senior FEA Engineer must possess a university degree in engineering or must hold a license to practice as professional engineer; and a minimum of ten (10) years of demonstrated experience as an engineer; and a minimum of five (5) years of demonstrated experience in FEA.
(e) The Senior CFD Engineer must possess a university degree in engineering or must hold a license to practice as professional engineer; and a minimum of ten (10) years of demonstrated experience as an engineer; and a minimum of five (5) years of demonstrated experience in CFD.
(f) The Computer Science Specialist must possess a minimum of five (5) years of demonstrated experience in Computer Science.
(g) The Junior Engineer must possess a university degree in engineering or must hold a license to practice as professional engineer.
4. Applicability of the trade agreement to the procurement
This procurement is subject to the following trade agreement:
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 Pre-Identified Supplier, Martec Limited, is the sole custodian of the Trident and VAST source codes, including the software development capability of the Trident and VAST source codes.
8. Government Contracts Regulations Exception
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".
9. Exclusions and/or Limited Tendering Reasons
(a) The following limited tendering reason is invoked under the section of the trade agreement specified:
Canadian Free Trade Agreement (CFTA), Article 513, 1 (b) (ii) "the protection of patents, copyrights or other exclusive rights."
(b) The following exclusions are invoked under the sections of the trade agreements specified:
World Trade Organization - Agreement on Government Procurement (WTO-AGP) , Canada Annex 5, Services, Notes to Annex 5, Note 3, "This Agreement does not cover procurement of the following:" "d) shipbuilding and repair and related architectural and engineering services";
Canada-European Union Comprehensive Economic and Trade Agreement (CETA) , Canada Annex 19-5, Services, Notes to Canada’s Annex 19-5, Note 1 "This Chapter does not cover procurement of the following:" "(a) all services, with reference to those goods purchased by the Department of National Defence ... which are not covered by Annex 19-4";
Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), Annex 15-A, Schedule of Canada, Section G, General Notes, Note 1. "Chapter 15 (Government Procurement) shall not cover procurement in respect of:" "(a) shipbuilding and repair, including related architectural and engineering services".
10. Ownership of Intellectual Property
Ownership of any Foreground Intellectual Property arising out of the proposed contract will vest in the Contractor.
11. Period of the proposed contract
The proposed contract is for a period of six (6) months, from contract award date to six (6) months after contract award date and includes an option to extend the contract period by three (3) periods of one (1) year.
12. Cost estimate of the proposed contract
The estimated value of the contract, including option is not provided.
13. Name and address of the pre-identified supplier
Martec Limited
237 Brownlow Avenue, Suite 200
Dartmouth, Nova Scotia
B3B 2C7
14. 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.
15. Closing date for a submission of a statement of capabilities
The closing date and time for accepting statements of capabilities is 10 September 2020, 2:00 pm EDT.
16. Inquiries and submission of statements of capabilities
Inquiries and statements of capabilities are to be directed to:
Yvan Guay
Supply Team Leader
Public Services and Procurement Canada
Defense and Marine Procurement Branch
Place du Portage, Phase III, 8B3
11 Laurier Street
Gatineau, Québec
K1A 0S5
Telephone: 819-420-2907
Mobile: 819-962-4038
E-mail: y••••••••@••••••••.••.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.
