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:
MDA SYSTEMS LTD.
13800 Commerce Parkway
Richmond British Columbia
Canada
V6V2J3
Nature of Requirements:
IN SERVICE SUPPORT FOR SONOBUOY TEST PROCESSORS
W8485-14KS03/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 to the pre-identified supplier.
2. Definition of Requirement
The Department of National Defence has a requirement for the
routine maintenance, Repair & Overhaul, Mobile Repair Party
(MRP), Technical Investigations & Engineering Studies (TIES),
telephone technical support, and both software and hardware
system configuration management in support of the Sonobuoy Test
Processor (STP) systems employed by the Canadian Forces Maritime
Experimental Test Range (CFMETR).
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 STP infrastructure,
technical know-how and capabilities to provide the In-Service
Support (ISS) of the STP system;
· The Contractor must have received the Transfer of Technology
from the Original Equipment Manufacturer (OEM);
· Contractor must have past experience working with/repairing of
the STP system.
4. Applicability of Trade Agreements
This requirement on behalf of the Department of National Defence
(DND) falls under Federal Stock Classification (FSC) 58,
Communication, Detection, and Coherent Radiation Equipment. The
services are excluded from the North America Free Trade
Agreement (NAFTA) in accordance with NAFTA Chapter 10, Article
1018, Exceptions, paragraph 1. and Annex 1001.2b General Note
1.(c), the World Trade Organization-Agreement on Government
Procurement (WTO-AGP) in accordance with WTO-AGP General Article
XXIII paragraph 1 and Note 1.(c)
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
The proposed contract is for a period of two years and includes
the option to extend the contract for an additional two one-year
periods.
8. Proposed Contractor
MDA Systems Ltd.
13800 Commerce Parkway,
Richmond, British Columbia
Canada V6V 2J3
9. 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.
10. Closing Date
The closing date and time for accepting statements of
capabilities is 02 December 2014.
11. Inquiries and Submission of Statements of Capabilities
Inquiries and statements of capabilities are to be directed to:
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.
