Subscription for Reports and Briefings on European Union Institutions as they relate to Fisheries and Ecosystem Issues

Procurement Hub – Ottawa Office
Centennial Towers, 200 Kent Street
9th Floor, Station W067
Ottawa, Ontario
K1A 0E6	
FP802-130367
March 7, 2014

ADVANCED CONTRACT AWARD NOTICE

TITLE:  Subscription for Reports and Briefings on European Union institutions as they relate to Fisheries and Ecosystem issues.

INTRODUCTION:

The Department of Fisheries and Oceans Canada has a requirement for the Subscription for Reports and Briefings on European Union institutions as they relate to Fisheries and Ecosystem issues. The purpose of this Advance Contract Award Notice (ACAN) is to signal the government's intention to award a contract for these services to European Bureau for Conservation and Development (EBCD). 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.

BACKGROUND:

The European Bureau for Conservation and Development (EBCD) is uniquely based  in Brussels and on European Union advisory committees to source information regarding European Union policy positions.  To DFO knowledge, this exclusive service is not offered by any other domestic or international organizations and has been the product of negotiations between department officials and the EBCD.  
For more clarity please add the following: To fulfill part of its mandate (Economically Prosperous Maritime Sectors and Fisheries), Fisheries and Oceans Canada must be aware of the impacts of European legislation and policies and be able to adjust to them.  Regular reports and briefings on the legislative work being done within the European Parliament Committees and Council Union is necessary for the Department to evaluate new emerging trends and how they might affect Canada’s trade with the European Union.
Increasing Canada’s knowledge of European market and possible trade impediments border measures is vital in order to ensure Canada’s exporters to the European market can continue meet the requirements placed upon them by European buyers.

PURPOSE:

To provide public notification that the Department of Fisheries and Oceans is considering awarding a contract to:

EUROPEAN BUREAU FOR CONSERVATION AND DEVELOPMENT (EBCD) 
10 RUE DE LA SCIENCE 
1000 BRUSSELS 
BELGIUM

MINIMUM ESSENTIAL REQUIREMENTS:
Any interested supplier must demonstrate by way of a statement of capabilities that it can provide the following:
A.	European Press Review: daily media reports on relevant issues and topics, 	including an Aquaculture and Fisheries news report.

B.	Weekly Reports and Briefings (in electronic format) on the European Parliament 	news on fisheries and marine issues and the other European Union Institutions as they relate to fisheries and ocean ecosystems issues.

C.	Providing information on upcoming Parliament Plenary sessions of the Fisheries Committee and following the scheduled meetings, provide a debrief of the highlights/ 	main issues discussed by the members of the Committee.
		
D.	European Parliament Committee and Council Updates from:
	Committees: 
Fisheries (once a month when EU Parliament is in session)
Environment, Public Health and Food Safety (as matters relevant to DFO arise)
Development (as matters relevant to DFO arise), and,  

	Councils: The Agriculture and Fisheries Council (meets approximately once a month but does not always includes fisheries issues).

E.	Regular briefings on relevant developments within the European Union regarding   CITES, the CBD, the FAO, the United Nations related to fisheries and oceans discussions.  Developments in the IUCN regarding marine issues.

F.	Reports on legislative developments on major reforms introduced by the European Commission, such as upcoming votes, results of votes in the European Parliament on major initiatives, latest changes to legislative proposals, results of internal 	negotiations (trialogues) between the various European players, etc.

JUSTIFICATION:

The European Bureau for Conservation and Development (EBCD), an international environmental non-governmental organization, works closely with European institutions and monitors European developments on environmental policy with a main focus on marine and fisheries issues.  EBCD is based in Brussels and follows closely EU policies and actively participates in EU advisory committees in following the political and legislative developments both of the EU Common Fisheries Policy, including the Integrated Maritime Policy and other related policies.  Over the years, EBCD has developed a deep knowledge of EU policies particularly in relation to marine and fisheries issues.
EBCD has been working closely the European Parliament Committee on Fisheries, in following the political and legislative developments both of the EU Common Fisheries Policy including the Integrated Maritime Policy (IMP) and related policies.    The organization is also an active member of several of the European Commission   advisory  committees and expert groups  , such as the Regional Advisory Councils of DG Mare (the Long Distance Fleet RAC, the North West Water RAC, the North Sea RAC and the Pelagic RAC.)  and the Marine Strategy Framework Directive of the DG ENVI. 
Having worked with the European Parliament for over 20 years, EBCD acts as the  Secretariat of the European Parliament Intergroup “Climate Change, Biodiversity and Sustainable Development” since its establishment in 1994. The Intergroup constitutes a cross-party, cross-committee and cross-sectoral platform for Members of the European Parliament (MEPs) to learn, discuss and create policies geared towards finding solutions to climate change and biodiversity loss while promoting the sustainable use of species and ecosystems. This close involvement with Members of the European Parliament provides EBCD with unique insight knowledge and the ability to report back on new trends and issues discussed by influential members of the European Parliament.
With a broad knowledge of the European Union as an institution and a privileged access to the various committees’ and Members of  the European Parliament,  the EBCD is uniquely positioned to provide specialized policy analysis as well as information on the functioning and procedures of the European Unions’ institutions to DFO’s managers and policy makers.  The organization is also able to facilitate contacts with key policy-makers within the European Union. 
On a broader international arena, EBCD closely follows and actively participates in the international fisheries agreements and organizations within the United Nations organization such as the United Nations Law of the Sea Treaty (UNCLOS), the Food and Agriculture Organization (FAO) and meetings of Regional Fisheries Management Organizations, such as the North East Atlantic Fisheries Commission (NEAFC) and other bilateral agreements negotiated by the European Union with its Northern neighbors. 
As an active member of the International Union for Conservation of Nature (IUCN), EBCD works closely with its network of experts, Commissions and Programs as well as with other organizations and institutions actively involved in the conservation of biodiversity and sustainable management of natural renewable resources. 
EBCD also follows the work of the main environmental agreements and conventions such as the Convention on Biological Diversity (CBD), the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the United Nations Framework Convention on Climate Change (UNFCCC).

INTELLECTUAL PROPERTY:
Canada intends to retain ownership of any Foreground Intellectual Property arising out of the proposed contract on the basis that the main purpose of the contract is 6.5 exception to the TB Policy on Title to Intellectual Property Arising under Crown Procurement Contracts:
6.5 where the Foreground consists of material subject to copyright, with the exception of computer software and all documentation pertaining to that software.
http://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=13697§ion=text#cha6
Suppliers who consider themselves fully qualified and available to meet the specified requirements may submit a statement of capabilities in writing to the Contracting Authority 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.

WORK REQUIREMENTS:


A.	European Press Review: daily media reports on relevant issues and topics, including an Aquaculture and Fisheries news report

B.	Weekly Reports on the European Parliament news on fisheries and maritime affairs

C.	Providing information on upcoming Parliament Plenary sessions as well as the Fisheries  Committee meetings  and following the meetings a debrief of the highlights and main issues discussed.  

D.	Reports and briefings (in electronic format) on European Union Institutions as they relate to fisheries and ocean ecosystems issues.

E.	Tracking of major reforms introduced by the European Commission (Common Fisheries Policy, etc.) – upcoming votes, results of votes on major initiatives, changes to legislative proposals, results of internal negotiations (“trialogues”) between the various European institutions  etc.

F.	European Parliament Committee and Council Updates.  Committees: Fisheries (approximately once a month) , Development (as matters relevant to DFO arise) Environment. Public Health and Food Safety (as matters relevant to DFO arise) Councils: The Agriculture and Fisheries Council (approximately once a month) )


PERIOD:
The contract period is estimated to be from the date of contract award until March 30th, 2015 with the option of extending the contract for an additional four (4) one (1) year contracts at the discretion of the Minister. 	

TRAVEL: There is no travel for this requirement.

ESTIMATED VALUE: 

The total estimated value of the contract shall not exceed $17,000.00 excluding all applicable taxes and four (4) option periods. 
 

SECURITY: The Company working under this contract must not be given access to sensitive information or assets, and must be escorted at all times while on DFO premises.

LOCATION OF WORK:

Information services to be provided off-site.

APPLICABLE STATUTORY AND REGULATORY REQUIREMENTS
Applicability of the following policy requirements applicable to this ACAN process is the following applicable sections: 
POLICY INFORMATION
Applicable Exceptions to Soliciting Bids under the Government Contracts Regulations (GCRs) (Section 6):
Government Contracts Regulations (GCRs), 6d) only one person or firm is capable of performing the work
10.2.5 Exception (d) sets competitive bidding aside when only one person or firm can do the job. This exception is quite definitive and should be invoked only where patent or copyright requirements, or technical compatibility factors and technological expertise suggest that only one contractor exists. This exception should not be invoked simply because a proposed contractor is the only one known to management.

TRADE AGREEMENTS:
Applicable Limited Tendering Provision Under Subject to North American Free Trade Agreement (NAFTA)
Articles 1016.2(b) and 1016.2(d) of NAFTA are applicable 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 and for additional deliveries by the original supplier that are intended either as replacement parts or continuing services for existing supplies, services or installations, or as the extension of existing supplies, services or installations, where a change of supplier would compel the entity to procure equipment or services not meeting requirements of interchangeability with already existing equipment or services, including software to the extent that the initial procurement of the software was covered.

Canada Chile Free Trade Agreement (CCFTA)

Kbis Articles 9(b) and 9(c) of CCFTA are applicable on the basis of awarding contracts by means other than open tendering [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; [c] for additional deliveries by the original supplier that are intended either as replacement parts, extensions, or continuing services for existing equipment, software, services or installations, where a change of supplier would compel the entity to procure goods or services not meeting requirements of interchangeability with existing equipment, software, services, or installations.

Canada Peru Free Trade Agreement (CPFTA)

Article 1409.1(b) (i), (ii) and (iii) of CPFTA is applicable on the basis of limited tendering due to reasons 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.

LANGUAGE OF WORK: 

The contractor must be fluent in English. Fluent is defined as Written, Verbal, and Comprehension at an intermediate or advanced level. Please see below legend.

Legend	Oral	Comprehension	Written
Basic	A person speaking at this level can: 
*ask and answer simple questions; 
*give simple instructions; and 
*give uncomplicated directions relating to routine work situations.	A person reading at this level can:
*fully understand very simple texts;
*grasp the main idea of texts about familiar topics; and
*read and understand elementary points of information such as dates, numbers, or names from relatively more complex texts to perform routine job-related tasks.	A person writing at this level can:
*write isolated words, phrases, simple statements or questions on very familiar topics using words of time, place or person.
Intermediate	A person speaking at this level can:
*sustain a conversation on concrete topics; report on actions taken; 
*give straightforward instructions to employees; 
*provide factual descriptions and explanations.	A person reading at this level can:
*grasp the main idea of most work-related texts;
*identify specific details; and
*distinguish main from subsidiary ideas.	A person writing at this level can:
*deal with explicit information on work-related topics since they have sufficient mastery of grammar and vocabulary.
Advanced	A person speaking at this level can:
*support opinions; and understand and express hypothetical and conditional ideas	A person reading at this level can:
*understand most complex details, inferences and fine points of meaning; and
*have a good comprehension of specialized or less familiar material.	A person writing at this level can:
*write texts where ideas are developed and presented in a coherent manner.

RESPONSE:

Suppliers who consider themselves fully qualified and available to provide the services described herein, may submit a Statement of Capabilities in writing to the Contracting Officer identified in this Notice (See below) on or before the closing date. The Statement of Capabilities must clearly demonstrate how the supplier meets the requirement described herein. 

The closing date and time for accepting written statements of capabilities challenging this requirement, is: March 24, 2014 at 11a.m. (EST). As it is intended to proceed in a timely manner, responses received after the closing date will not be considered.

Inquiries and statements of capabilities are to be directed to:
Vladimir Shkrob
E-mail:       vladimir.shkrob@dfo-mpo.gc.ca

Statement of Capabilities received on or before the closing date will be considered solely for the purpose of deciding whether or not to conduct a competitive procurement. Information provided will be used by DFO for technical evaluation purposes only, and will not to be construed as a proposal. Your written Statement of Capabilities must provide sufficient evidence that demonstrates it is capable of fulfilling the Science Branch requirement. Suppliers who submit a Statement of Capabilities prior to the closing date and time will be notified in writing as to the Department’s decision whether it will continue with the aforementioned procurement, or proceed to a full bid solicitation process.

Should you have any questions concerning this requirement, please contact the identified Contracting Officer. The DFO 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. Documents may be submitted in either official language of Canada.