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
The Department of Natural Resources Canada (NRCan) has a requirement to provide analysis on the global lithium-ion battery supply chains; battery raw materials supply chains; and battery and electric vehicle (EV) assembly, all to form the basis of policy advice towards low-carbon transportation, and to strengthen Canada’s position as a provider of EV-related goods and services.
The work will involve the following:
• The supplier will provide global data and analysis to NRCan within pre-determined time periods (monthly, quarterly, or annually), and forecasting reports over the balance of the decade.
• The supplier will provide NRCan with access to expert analysts.
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:
The Bidder must possess an existing database with the following information:
• Monthly price assessments* for all five (5) main battery raw materials: lithium, cobalt, nickel, and graphite (natural and synthetic).
* Price assessments are defined as quarterly forecasts about supply (at major facilities, including mines and battery plants) and demand (battery demand by sector) around the world.
• Monthly global cathode and anode market assessments.
• Quarterly global assessments based on a battery cell supply model (2015-2040), on the total battery supply chain*
*Total battery supply chain encompasses from the raw materials (mines) to the end market (products).
• Forecasts* of recycled lithium, nickel, cobalt to at least 2040.
*Granularity includes global and regional levels.
• Operational and planned recycling facilities.
• Review and analysis of global recycling policies and regulations.
• Supply/demand/price analysis and forecasts of rare earth and magnet markets to at least 2040, at the element level.
4. Applicability of the trade agreements to the procurement
This procurement is subject to the following trade agreements:
o Canadian Free Trade Agreement (CFTA)
o 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 (CCoFTA)
o Canada-Honduras Free Trade Agreement (CHFTA)
o Canada-Korea Free Trade Agreement (CKFTA)
o Canada-Panama Free Trade Agreement (CPaFTA)
o Canada-Peru Free Trade Agreement (CPFTA)
o Canada-Ukraine Free Trade Agreement (CUFTA)
5. Set-aside under the Procurement Strategy for Aboriginal Business
Not applicable.
6. Comprehensive Land Claims Agreement(s)
Not applicable.
7. Justification for the Pre-Identified Supplier
The supplier mentioned in section 13 below is the only known supplier that meets the mandatory criteria set out in section 3 above.
Should Canada receive a statement of capabilities from a supplier that contains sufficient information to indicate that it meets the requirements set forth in this ACAN, a competitive process will be triggered with a technical and financial evaluation methodology of the bids proposed by the potential bidders.
8. Government Contracts Regulations Exception(s)
The following exception to the Government Contracts Regulations is (are) invoked for this procurement under subsection 6(d) - only one person is capable of performing the work.
The identified supplier, Benchmark Mineral Intelligence (BMI), is the only one able to meet all of the criteria identified in paragraph 3 above
9. 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: 513.1(b) (iii);
o World Trade Organization - Agreement on Government Procurement (WTO-AGP) – Under the Revised GPA - Article XIII, 1 (b) (iii);
o Canada-European Union Comprehensive Economic and Trade Agreement (CETA) – Article(s) Article 19.12 (b) (iii)
o Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) – Article(s): 15.10 , 2 (b) (iii) (s)
o Canada-Chile Free Trade Agreement (CCFTA) – Article(s) Kbis-09 (b),Article Kbis-09 (c)
o Canada-Colombia Free Trade Agreement – Article(s): 1409 (b) (iii);
o Canada-Honduras Free Trade Agreement – Article(s): 17.11 2 (b) (iii)
o Canada-Korea Free Trade Agreement – Article 14.3, Under the Revised GPA - Article XIII, 1 (b) (iii);
o Canada-Panama Free Trade Agreement – Article(s) 16.10 (b) (iii)
o Canada-Peru Free Trade Agreement (CPFTA) – Article(s1409 (b) (iii)
o Canada-Ukraine Free Trade Agreement (CUFTA) – Article(s Article 10.13 (b) (iii);
10. Ownership of Intellectual Property
o Ownership of any Foreground Intellectual Property arising out of the proposed contract will vest in the Contractor.
11. Period of the proposed contract or delivery date
o The proposed contract is for a period of one (1) year, from April 1, 2024, to March 31, 2025.
12. Cost estimate of the proposed contract
The estimated value of the contract is $215,333 USD.
13. Name and address of the pre-identified supplier
o Benchmark Mineral Intelligence (BMI)
o 49 Colehill Lane, London, United Kingdom SW6 5EF
14. 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.
15. Closing date for a submission of a statement of capabilities
The closing date and time for accepting statements of capabilities is February 28, 2024 at 14:00 EST.
16. Inquiries and submission of statements of capabilities
Inquiries and statements of capabilities are to be directed to:
Mathew Star, Procurement Specialist
506 Burnside Road, Victoria, BC
E-mail: mathew.star@nrcan-rncan.gc.ca
