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:
THIBAULT MARINE INC.
THIBAULT MARINE INC.
4995 RTE 117
SAINTE-AGATHE-DES-MONTS Quebec
Canada
J8C2Z8
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
Parks Canada (PC) currently operates a fleet of three (3) small vessels, supporting PC’s operations in transporting personnel and equipment to Fort Lennox National Historic Site in Western Quebec and in Thousand Islands National Park in Eastern Ontario. These internal combustion engines (ICE) small vessels have reached their end of life, and PC has identified that they need to replace them with electric vessels to align with the Federal Government’s Greening Government Strategy to transition to net-zero carbon and climate-resilient operations. Three (3) trailers will be required to transport these vessels.
This ACAN is published to ensure that:
1) No other supplier has a mature and proven e-Pontoons design that meets PC’s Mandatory Requirements, and has the capability and capacity of performing the required design work and feasibility on its design; and
2) No other supplier has access to the IP rights of the e-Pontoon, and has the capability and capacity of performing the required design work and feasibility.
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:
1) The supplier must have experience supplying a mature and proven Pontoon design that meets PC’s Mandatory Requirements, as listed in Annex A of this ACAN. To demonstrate this experience, the supplier must provide two (2) references where it has supplied e- Pontoons to an external client within the last year; and
2) The supplier must prove that they can offer services, including maintenance services for e-Pontoons located in Quebec and in Eastern Ontario.
4. Applicability of the trade agreements to the procurement
This procurement is subject to the Canadian Free Trade Agreement (CFTA), Canada-Chile Free Trade Agreement (CCFTA), Canada-Colombia Free Trade Agreement (CCFTA), Canada- Honduras Free Trade Agreement (CHFTA), Canada-Korea Free Trade Agreement (CKFTA), Canada-Panama Free Trade Agreement (CPFTA), Canada-Peru Free Trade Agreement.(CPFTA).
5. Justification for the Pre-Identified Supplier
The Pre-Identified Supplier, Thibault Marine, is the only known supplier that retains the exclusive ownership of, and rights to use, the intellectual property for the e-Pontoons, and is therefore the only known supplier capable of performing the design work and feasibility studies.
6. Government Contracts Regulations Exception
The following exception to the Government Contracts Regulations is invoked for this procurement under subsection subsection 6(d) - "only one person is capable of performing the work".
7. Limited Tendering Reasons
The following limited tendering reasons are invoked:
Canadian Free Trade Agreement (CFTA)
Article 513 Limited Tendering "(b) if 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";
8. Ownership of Intellectual Property
Ownership of any Foreground Intellectual Property arising out of the proposed contract will vest in the Contractor.
9. Name and address of the pre-identified supplier
Thibault Marine
Sainte-Agathe-des-Monts, Québec J8C 2Z8
10. 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.
11. Closing date for a submission of a statement of capabilities
The closing date and time for accepting statements of capabilities is January 15, 2024, at 2:00 P.M. EST.
12. Inquiries and submission of statements of capabilities Inquiries and statements of capabilities are to be directed to:
Name: Lily Nakhle
Title: Supply Specialist
Public Services and Procurement Canada
E-mail address: Lily.Nakhle@tpsgc-pwgsc.gc.ca
Delivery Date: 01/02/2024
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.
