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 Library and Archives Canada has a requirement for the provision of subscription services for the following:
The Joint Publications Research Service (JPRS), Reports, 1957-1995 database provides access to reports from the United States Joint Publications Research Service. These reports contain translations of foreign monographs, reports, journals and periodicals.
The BBC Monitoring, Summary of World Broadcasts database provides access to summaries prepared by the BBC . These summaries contain transcriptions of speeches, political discussions, current affairs and socio-cultural events from around the world, plus commentary and analysis from BBC subject matter experts.
The Foreign Broadcast Information Service (FBIS) Daily Reports, 1941-1996 database provides access to daily reports prepared by the United States Foreign Broadcast Information Service. These reports contain summaries and transcriptions of local broadcasts and news from foreign media.
The purpose of this Advance Contract Award Notice (ACAN) is to signal the government's intention to award a contract for these services to Newsbank Inc. Before awarding a contract, however, the government would like to provide other suppliers with the opportunity to demonstrate that they are capable of satisfying the requirements set out in this Notice, by submitting a statement of capabilities during the 15 calendar day posting period.
If other potential suppliers submit a statement of capabilities during the 15 calendar day posting period that meet the requirements set out in the ACAN, the government will proceed to a full tendering process on either the government's electronic tendering service or through traditional means, in order to award the contract.
If no other supplier submits, on or before the closing date, a statement of capabilities meeting the requirements set out in the ACAN, a contract will be awarded to the pre-selected supplier.
3. Criteria for assessment of the Statement of Capabilities
The bidder MUST have the following mandatory asset to be considered for the challenge mechanism: Ability to provide access to the Joint Publications Research Service (JPRS), Reports, 1957-1995 database, the BBC Monitoring, Summary of World Broadcasts database and the Foreign Broadcast Information Service (FBIS) Daily Reports, 1941-1996 database
4. Applicability of the trade agreement(s) to the procurement
This procurement is subject to the following trade agreement(s) (insert only the applicable 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
Readex a Division of Newsbank. are the owner or the licensee of all copyright, trademarks, design rights, database rights, confidential information, or any other intellectual property rights (together the "Intellectual Property") in the Readex a Division of Newsbank site, the content, and the materials.
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 (section of the trade agreement(s) specified):
o Canadian Free Trade Agreement (CFTA) – Article 513 – (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: (iii) due to an absence of competition for technical reasons
o Revised World Trade Organization - Agreement on Government Procurement (WTO-AGP) – Article XIII — Limited Tendering – 1. b) where 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: iii) due to an absence of competition for technical reasons
o Canada-European Union Comprehensive Economic and Trade Agreement (CETA) – Article 19.12 – Limited tendering 1 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: iii) due to an absence of competition for technical reasons
o Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) – Article 15.10: Limited Tendering – 2 (b) if the good or service can be supplied only by a particular supplier and no reasonable alternative or substitute good or service exists for any of the following reasons: iii) due to an absence of competition for technical reasons
o Canada-Chile Free Trade Agreement (CCFTA) – Article Kbis-09: Tendering Procedures – 1 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
o Canada-Colombia Free Trade Agreement – Article 1409: Limited Tendering - b. Where 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: (iii) due to an absence of competition for technical reasons.
o Canada-Honduras Free Trade Agreement – Article 17.11: Limited Tendering - (b) a good or service being procured can be supplied only by a particular supplier and a reasonable alternative or substitute does not exist because: (iii) due to an absence of competition for technical reasons
o Canada-Korea Free Trade Agreement – incorporated WTO-AGP Article XIII — Limited Tendering – 1. b) where 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: iii) due to an absence of competition for technical reasons
o Canada-Panama Free Trade Agreement – Article 16.10: Limited Tendering – 1. b. the procurement can be carried out only by a particular supplier and a reasonable alternative or substitute does not exist because: iii) of the absence of competition for technical reasons
o Canada-Peru Free Trade Agreement (CPFTA) – Article Article 1409: Limited Tendering - 1. (b) where 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: iii) due to an absence of competition for technical reasons
o Canada-United Kingdom Trade Continuity Agreement (Canada-UK TCA) – incorporated CETA Article 19.12 – Limited tendering 1 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: iii) due to an absence of competition for technical reasons
o Canada-Ukraine Free Trade Agreement (CUFTA) – Article 10:13: Limited Tendering – 1 (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: iii) due to an absence of competition for technical reasons
8. Ownership of Intellectual Property
Readex a Division of Newsbank. are the owner or the licensee of all copyright, trademarks, design rights, database rights, confidential information, or any other intellectual property rights (together the "Intellectual Property") in the READEX site, the content, and the materials.
The materials are protected by copyright and other intellectual property laws and treaties around the world. All such rights are reserved. LAC will have the right to access and use the site and the materials is strictly limited to that set out below and, where applicable, in any accompanying license agreement between LAC and Readex a Division of Newsbank.
9. Period of the proposed contract
The contract is for Perpetual access as of March 1st, 2024, with annual hosting fees.
10. Cost estimate of the proposed contract
The estimated value of the contract, including the option periods, is $209,213.00 USD.
11. Name and address of the pre-identified supplier
Newsbank
5801 Pelican Bay Blvd Suite 300
Naples, FL, USA
34108
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 February 27, 2024 at 2:00 p.m. EST.
14. Inquiries and submission of statements of capabilities Include the name, position, address, phone, fax and email address where suppliers may inquire or submit a statement of capabilities.
Inquiries and statements of capabilities are to be directed to:
Isabelle Legault
Manager, Contracts and material Management
Library and Archives Canada
550 de la cite blvd
Ottawa, Ontario
J8T 0A7
Email : receptionsoumission-bidreceiving@bac-lac.gc.ca
