1. Definition
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 competitive requirements of the government's contracting policy have been met. Following notification to suppliers not successful in demonstrating that their Statement of Capabilities meets the requirements set out in the ACAN, the contract may then be awarded using the Treasury Board's electronic bidding authorities.
If other potential suppliers submit Statement of Capabilities during the fifteen calendar day posting period, and meet the requirements set out in the ACAN, the department or agency must 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 Requirements
Natural Resources Canada has a requirement for software support and upgrade of the Analytical Graphics, Inc (AGI) System Tool Kit (STK). This is required for satellite orbital modeling and acquisition planning. The STK has been used by the Canada Centre for Remote Sensing, and Data Acquisition Division’s
The objective of the service contract is as follows:
- License renewal and maintenance support
- Technical support from 6:00 AM – 10:00 PM EST Monday - Friday
- Automatic software updates as they become available.
3. Trade Agreements
The following trade agreements apply to this contract;
- NAFTA trade agreement
- Canada-Chile Free Trade Agreement ;
- Canada-Colombia Free Trade Agreement;
- Canada - Panama Free Trade Agreement; and
- AIT
4. Title to Intellectual property
AGI owns the intellectual property rights for STK and therefore is the only company capable of providing support and has not licenced the IP right to a third party reseller to provide support services.
5. Contract Period
The period of the contract will be from April 1, 2015 to March 31, 2016, with 2 options to renew for up to two additional 1year periods. The cost of the option is to be determined at the time of exercising the option.
6. Estimated Cost
The estimated maximum value of the contract is $78,750.00 USD (which includes $26,250.00 for the first year and $52,500.00 USD for the two option years).
7. Exception to the Government Contracts Regulations and applicable trade agreements
(d) Only one person or firm is capable of performing this contract.
This is commercial off- the-shelf software in which Analyical Graphics, Inc, is the only vendor that has the exclusive rights of providing renewal and support.
The NAFTA Limited Tendering Provisions that applies to this requirement is under article 1016.2 (b) and 1016.2 (d).
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.”
Article 1016.2 (d)
“for additional deliveries by the original supplier which are intended either as parts replacement for existing supplies, 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”
The Canada-Chile Free Trade Agreement Limited Tendering Provision that applies to this requirement is under article Kbis-09 (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”
Canada-Colombia Free Trade Agreement Limited Tendering Provision that applies to this requirement is under article 1409 (b - ii)
“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 protection of patents, copyrights or other exclusive rights.”
Canada - Panama Free Trade Agreement Limited Tendering Provision that applies to this requirement is under article 16.10 (b - ii)
“the procurement can be carried out only by a particular supplier and a reasonable alternative or substitute does not exist because : a good or service being procured is protected by a patent, copyright or another exclusive right.”
AIT Limited Tendering Provision that applies to this requirement is under Article 506.12
“to ensure compatibility with existing products, 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.”
NOTE: The software is proprietary to the vendor and no out-sourcing of the items has been authorized by the vendor. As a result only the vendor can undertake the support and renewal upgrade.
8. Name and Address of the Proposed Contractor
Analytical Graphics, Inc.
220 Valley Creek Blvd.
Exton, PA 19341
9. Inquiries on Submission of 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."
10. Closing Date
The closing date for a submission of a Statement of Capabilities is March 4th, 2015 at 14:00 Eastern Standard Time.
11. Contract Authority
Sandra Leslie
Procurement & Material Management Services/
183 Longwood Road South
Hamilton, ON L8P O5A
Telephone: 905-645-0678
Fax; 905-645-0831
S••••••••@•••••.••.ca
