Trade Agreement: CETA/WTO-AGP/CPTPP/CFTA/FTAs with Peru/Colombia/Panama/Korea/UK
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:
Bombardier CSC
C.P. 6087
SUCCURSALE CENTRE VILLE
MONTREAL Quebec
Canada
H3C3G9
Nature of Requirements:
An Advanced Contract Award Notice (ACAN) must be prepared in both official languages. Below is a model that must be used by contracting officers for the preparation of an ACAN. The blocks include guidance for its use as well as examples for some of the items listed.
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
o The Department of Transport Canada has a requirement to for the supply of the provision of CL604 and CL650 publications. The work will involve the following: subscription services to proprietary manuals and online data in support of maintenance and flight operations of the DND 412 SQN Challenger fleet of aircraft.
3. Criteria for assessment of the Statement of Capabilities (Minimum Essential Requirements)
o Any interested supplier must demonstrate by way of a statement of capabilities that its product/equipment/system (as appropriate) meets the following requirements:
Exclusive rights to manufacture Challenger aircraft and parts, and manage and distribute maintenance and flight operations publications in paper and electronic formats.
4. Applicability of the trade agreement(s) to the procurement
This procurement is subject to the following trade agreement(s) :
o Canadian Free Trade Agreement (CFTA)
o Revised World Trade Organization - Agreement on Government Procurement (WTO-AGP)
o Canada-European Union Comprehensive Economic and Trade Agreement (CETA)
o Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
o Canada-Chile Free Trade Agreement (CCFTA)
o Canada-Colombia Free Trade Agreement
o Canada-Honduras Free Trade Agreement
o Canada-Korea Free Trade Agreement
o Canada-Panama Free Trade Agreement
o Canada-Peru Free Trade Agreement (CPFTA)
o Canada-United Kingdom Trade Continuity Agreement (Canada-UK TCA)
o Canada-Ukraine Free Trade Agreement (CUFTA)
5. Justification for the Pre-Identified Supplier
Sole Source Standing Offer with Bombardier for procurement of subscription services to proprietary manuals and online data in support of maintenance and flight operations of the DND 412 SQN Challenger fleet of aircraft.
6. Government Contracts Regulations Exception(s)
The following exception(s) to the Government Contracts Regulations is (are) 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:
o Canadian Free Trade Agreement (CFTA) - Article(s) 19.12-Limited Tendering
o Revised World Trade Organization - Agreement on Government Procurement (WTO-AGP) - Article(s) XIII - Limited Tendering
o Canada-European Union Comprehensive Economic and Trade Agreement (CETA) - Article(s) 19.3 - Security and general exceptions
o Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) - Article(s) 15.10-Limited Tendering
o Canada-Chile Free Trade Agreement (CCFTA) - Article(s) Kbis-09: Tendering Procedures
o Canada-Colombia Free Trade Agreement - Article(s) 1409: Limited Tendering
o Canada-Honduras Free Trade Agreement - Article(s) 17.11: Limited Tendering
o Canada-Korea Free Trade Agreement - Article(s) 14.3: Scope
o Canada-Panama Free Trade Agreement - Article(s) 16.10: Limited Tendering
o Canada-Peru Free Trade Agreement (CPFTA) - Article(s) 1409: Limited Tendering
o Canada-United Kingdom Trade Continuity Agreement (Canada-UK TCA) - Article(s) 15.3 Exceptions
o Canada-Ukraine Free Trade Agreement (CUFTA) - Article(s) 10.13 Limited Tendering
8. Ownership of Intellectual Property
o Ownership of any Foreground Intellectual Property arising out of the proposed contract will vest in the Contractor.
9. Period of the proposed contract or delivery date
o The proposed contract is for a period of 5 years, from 1 December 2023 to 30 November 2028 with an option to extend the contract period of one five-year period.
10. Cost estimate of the proposed contract
The estimated value of the contract, including option(s), is $1,000,000.00 -$2,000,000.00 x (GST/HST extra).
11. Name and address of the pre-identified supplier
Bombardier Aerospace, PO Box 6087, Station Centre-ville, Montreal, Quebec, H3C 3G9, Canada
12. 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.
13. Closing date for a submission of a statement of capabilities
The closing date and time for accepting statements of capabilities is October 6, 2023 at 2:00 p.m. EST.
14. Inquiries and submission of statements of capabilities
Inquiries and statements of capabilities are to be directed to:
Jeff Pakeman, Supply Team Leader
11 Laurier St., Gatineau, Québec K1A 0S5
Telephone: 343-572-5074
Facsimile:
Email: Jeffrey.Pakeman@tpsgc-pwgsc.gc.ca
T8493-220065/A
Pakeman, Jeffrey
Telephone No. - (343) 572-5074 ( )
Fax No. - ( ) - ( )
Line 1, PROVISION OF CL604 AND CL650
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.
