Develop Canadian versions of the Energy Star for industry benchmarking tools

Advance Contract Award Notification (ACAN)

1. Definition

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 competitive requirements of the government's contracting policy have been met. Following notification to suppliers not successful in demonstrating that their Statement of Capabilities meets the requirements set out in the ACAN, the contract may then be awarded using the Treasury Board's electronic bidding authorities.

If other potential suppliers submit Statement of Capabilities during the fifteen calendar day posting period, and meet the requirements set out in the ACAN, the department or agency must proceed to a full tendering process on either the government's electronic tendering service or through traditional means, in order to award the contract.

2. Definition of Requirements

Background:

The Canadian Industry Program for Energy Conservation (CIPEC) is a partnership between private industry and the federal Government and aims to promote and improve Canada's industrial energy efficiency and reduce greenhouse gas emissions from energy use in the industrial sector. CIPEC includes more than 1,400 companies and trade associations. The program encourages energy management best practices through dialogue and collaboration via an Executive Board, Task Force Council and sector task forces. In order to help industry improve their energy performance, CIPEC produces material and study to identify best practices and quantify the potential impact of these practices.

Objective:

The objectives of this work are to:

Create Canadian versions of the US EPA’s Energy Star Program for industry energy performance indicators tools for the Canadian energy intensive sectors (starting with integrated steel plants). These versions will be created in Microsoft Excel, and will update the accompanying user guides and technical documentation; and

Host and update the Energy Star Program for Industry benchmarking model and database to accommodate all changes made within this work assignment.

Deliverables:

The deliverables for the work are

• The development of cross border integration of Energy Star benchmarking analysis estimates of the distribution of energy efficiency that is consistent across industry in both countries.

• The Canadian versions of the Energy Star Program for Industry benchmarking in Microsoft Excel

• Updated user guides and technical documentation;

• Updated Energy Star for Industry database and model.

3. Trade Agreements

NAFTA, AIT, Panama, Chile and Columbia

North America Free Trade Agreement

• NAFTA Article 1016 - Limited Tendering Procedures

1016.2 (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

Agreement on Internal Trade

• AIT Article 506 – Limited Tendering (Paragraph 12)

(b) where there is an absence of competition for technical reasons and the goods or services can be supplied only by a particular supplier and no alternative or substitute exists;

Canada-Chile Free Trade Agreement

• CCFTA - Article Kbis-09: Tendering Procedures

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;

Canada-Colombia Free Trade Agreement

• Canada-Colombia FTA - 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:

(i) the requirement is for a work of art,
(ii) the protection of patents, copyrights or other exclusive rights, or
(iii) due to an absence of competition for technical reasons;

Canada-Panama Free Trade Agreement

b. the procurement can be carried out only by a particular supplier and a reasonable alternative or substitute does not exist because:

i. the requirement is for a work of art,
ii. a good or service being procured is protected by a patent, copyright or another exclusive right, or
iii. of the absence of competition for technical reasons;

4. Title to Intellectual Property

The Contractor will take ownership of the Foreground Information arising from the performance of the work in accordance with the Treasury Board Policy on Intellectual Property. For reference, the Treasury Board Site is: http://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=13697
The Crown to require the Contractor to provide it with a royalty-free license to exercise all IP rights in the Foreground for government activities except commercial exploitation.

SACC Manual clause 4006 - Contractor to Own Intellectual Property Rights in Foreground Information (2010-08-16).

5. Contract Period

The contract period will be from Contract Award to March 31, 2016.

6. Estimated Cost

The estimated maximum value for this contract is $60,949.00 USD

7. Exception to the Government Contract Regulations and applicable trade agreements.

(d) Only one person or firm is capable of performing this contract.

The requirement is for the development of benchmarking analysis that would support the expansion of the US EPA Energy Star Program "Brand" in Canada and the vendor is the only Organization that has the permission to access the United States Environmental Protection Agency (U.S. EPA) Program database.

Access to the US EPA database is the only way that the cross boarder integration of Energy Star Program benchmarking analysis between the two countries can be developed.

8. Name and Address of the Proposed Contractor

Duke University
Social Science Research Institute

9. Enquiries on Submission of Statement of Capabilities

"Suppliers who consider themselves fully qualified and available to provide the services/goods described herein, may submit a Statement of Capabilities in writing, preferably by e-mail, to the contact person identified in this Notice on or before the closing date and time of this Notice. The Statement of Capabilities must clearly demonstrate how the supplier meets the advertised requirements." The supplier must provide the permission granted by the US EPA to access the database.

10. Closing Date

The closing date for a submission of a Statement of Capabilities is October 19^th, 2015 at 14:00 Mountain Standard Time.

11. Contract Authority

Contracting Authority
Kingsley Okosun
5320 122nd Street, Edmonton AB
T6H 3S5
Telephone: 780-435-8618
Fax; 780-430-7208
kingsley.okosun@canada.ca