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
Library and Archives Canada (LAC) offers donors of archival material the possibility of having their donation appraised for tax purposes and when applicable, possible certification as cultural property by the Canadian Cultural Property Export Review Board (CCPERB).
LAC may conduct internal appraisals if the estimated fair market value of the material donated is less than $14,999 and an application for certification of cultural property will not be submitted to CCPERB. However, appraisals of any donation for which the fair market value is expected to be more than $5,000 and/or for which an application for certification of cultural property may be submitted to CCPERB must be conducted by professional external appraisers not associated to LAC.
As such, LAC has a requirement to obtain external appraisal services to assess the fair market value of archival material in analogue and digital formats. It is anticipated that between 20-40 external appraisals will be required per fiscal year (or approximately 2-4 per month).
3. Criteria for assessment of the Statement of Capabilities (Minimum Essential Requirements)
The proposed supplier, the National Archival Appraisal Board (NAAB), is the only recognized corporation to bring together all the different expertise of individual appraisers under a single umbrella. NAAB has unique expertise and experience in providing professional archival appraisal services and is also an independent Canadian expert. It is a not-for-profit corporation that can offer LAC a low-cost monetary appraisal service. NAAB is accredited by the Canadian Cultural Property Export Review Board (CCPERB). CCPERB recognizes that monetary appraisals performed by NAAB represent the opinion of more than one expert.
The proposed supplier must be able to provide appraisal of a broad range of archival documents which includes textual records, photographic material, audio-visual, music, philatelic material, documentary art, published documents, cartography, and architecture, etc. NAAB provides appraisal for the complete fonds which most of the time has several types of media and therefore require a variety of expertise which only they can get together in a panel in a timely manner.
4. Applicability of the trade agreement(s) to the procurement
This procurement is subject to the following trade agreements:
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
There are no other corporations which are recognized as providing the range of appraisal services as the NAAB. There are a number of individuals who can provide appraisal services for a single media, and these are members of the following associations: Art Dealers Association of Canada (ADAC), the Art Dealers Association of America (ADAA), the Canadian Antique Dealers Association (CADA) or the Antiquarian Booksellers Association of Canada (ABAC). Library and Archives Canada acquires material over a broad range of archival documents which includes textual records, photographic material, audio-visual, music, philatelic material, documentary art, published documents, cartography, and architecture, etc. NAAB provides appraisal for the complete fonds which most of the time has several types of media and therefore require a variety of expertise which only they can get together in a panel in a timely manner.
A number of other public libraries and archives in Canada use NAAB for similar reasons.
6. Government Contracts Regulations Exception(s)
The following exception(s) to 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 (section of the trade agreement(s) specified):
a. Canadian Free Trade Agreement (CFTA) – Article 513.1(b)
b. Revised World Trade Organization - Agreement on Government Procurement (WTO-AGP) – Article XIII.1.b
c. Canada-European Union Comprehensive Economic and Trade Agreement (CETA) – Article XIII.1.b
d. Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) – Article15.10.2.b
e. Canada-Chile Free Trade Agreement (CCFTA) – Article15.10.2.b
f. Canada-Colombia Free Trade Agreement – Article 1409.1.b
g. Canada-Honduras Free Trade Agreement – Article 17.11.2.b
h. Canada-Korea Free Trade Agreement – Article 22.1.3.b
i. Canada-Panama Free Trade Agreement – Article 16.10.1.b
j. Canada-Peru Free Trade Agreement (CPFTA) – Article 1409.1.b
k. Canada-United Kingdom Trade Continuity Agreement (Canada-UK TCA) – Article 10.13.1.b
l. Canada-Ukraine Free Trade Agreement (CUFTA) – Article 10.13.1.b
8. Period of the proposed contract or delivery date
Provide the period of the proposed contract or the required delivery, including potential renewal or option years.
Initial contract: August 2024 to August 31, 2026
First option period: September 1st, 2026 to August 31, 2028
Second option period: September 1st, 2028 to August 31, 2030
9. Cost estimate of the proposed contract
Initial contract period: August 2024 – August 31st, 2026
Base cost for appraisal services: $150,600.00
Travel: $15,160.00 (no taxes applicable)
Yearly cost for access to NAAB Database of Archival Values: $500.00 (x 2 years = total of $1000)
Optional training: $10,000.00
Total: $176,760.00
Taxes: $8,080.00
Total including taxes: $184,840.00
First option period: September 1st, 2026 to August 31, 2028
Base cost for appraisal services $164,800.00
Travel: $16,480.00 (no taxes applicables)
Yearly cost for access to NAAB Database of Archival Values: $500.00 (x 2 years = total of $1000)
Optional training: $30,000.00
Total: $212,280.00
Taxes: $9,790.00
Total including taxes: $222,070.00
Second option period: September 1st, 2028 to August 31, 2030
Base cost for appraisal services $164,800.00
Travel: $16,480.00 (no taxes applicable)
Yearly cost for access to NAAB Database of Archival Values: $500.00 (x 2 years = total of $1000)
Optional training: $30,000.00
Total: $212,280.00
Taxes: $9,790.00
Total including taxes: $222,070.00
10. Name and address of the pre-identified supplier
National Archival Appraisal Board
130 Albert Street, Suite 1912
Ottawa, Ontario, K1P 5G4
11. 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.
12. Closing date for a submission of a statement of capabilities
The closing date and time for accepting statements of capabilities is Friday august 22, 2024 at 2:00 p.m. EST).
13. Inquiries and submission of statements of capabilities
Inquiries and statements of capabilities are to be directed to:
Cristel St-Louis
Strategic Procurement Advisor, Financial Services and Procurement Branch
Library and Archives Canada / Government of Canada
Cristel.St-Louis@bac-lac.gc.ca / Tel: 873-455-6334
