Building automation maintenance service

Trade Agreement: NAFTA/AIT/Canada FTAs with Peru/Colombia/Panama
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: 
Siemens Canada Limited
1577 NORTH SERVICE ROAD
EAST OAKVILLE
OAKVILLE Ontario
Canada
L6H0H6
Nature of Requirements: 

Advance Contract Award Notice (ACAN)

BUILDING AUTOMATION SYSTEM
Insight Apogee® Software Updates, Maintenance and Technical Support

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
Public Works and Government Services Canada (PWGSC), on behalf of Correctional Service of Canada (CSC), requires the services of a supplier for the upgrade services, preventive maintenance and corrective maintenance of the Insight Apogee® software.

More precisely and not limited to, the required services are:
1. Insight Apogee® Software Updates.
2. Insight Apogee® Documentation Updates.
3. Security copy of Insight Apogee® graphics software.
4. Panel Database / Backup Copy of the Apogee® System File.
5.Updating standalone peripheral panel firmware (MEC, MBC, PXC, FLNC).
6. Diagnosis of the peripheral panel database.
7. Preventive maintenance of the Apogee system.
8. Evaluation and adjustment of the control loops.
9. Diagnosis of the communication network.
10. Corrective maintenance and replacement of parts.
11. Emergency System Maintenance Service

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 he is capable of providing the services listed herein.

4. Applicability of the trade agreement(s) to the procurement 
This procurement is subject to the following trade agreements:
- North American Free Trade Agreement (NAFTA)
- This requirement is subject to the provisions of the Agreement on Internal Trade (AIT).

5. Justification for the Pre-Identified Supplier
Siemens Industry Inc. (“SII”) has registered patents, trademarks and intellectual property protection for the APOGEE System, which is sold exclusively in Canada by Siemens Canada Ltd.

Siemens Canada Limited Building Technologies Division acts as a manufacturer / distributor of its products in Canada and is, therefore, the only entity authorized to distribute, update, maintain and service the range of Product Apogee. This range includes:
 
• The software used as an operator interface
• Software to connect directly to controllers
• The different controllers
• The different transmitters (probes)
 
The various reasons include, among other things, the fact that:
 
• Only its technicians are trained at the Chicago suburban plant on these products
• Only its technicians have laptops equipped with the necessary software to connect to the controllers for the purpose of diagnosing the Apogee communication network and equipment;
• The software (developed by Siemens) used by its technicians to perform their tasks includes a key that must be renewed by connecting to the Siemens servers every 3 months.

6. Government Contracts Regulations Exception 
The following exception to the Government Contracts Regulations is invoked for this procurement under subsection 6 (c) - " the nature of the work is such that it would not be in the public interest to solicit bids". 
Exception 6(d) of the Government Contracts Regulations has also been invoked for this requirement, since only one firm is able to meet the contract requirements.

7. Exclusions and/or Limited Tendering Reasons 
The following exclusion(s) and/or limited tendering reasons are invoked under the 
-  Agreement on Internal Trade (AIT)  Article 506.12 a&b
Articles 506 12 (a) and (b) of the Agreement on Internal Trade are invoked to recognize exclusive rights, such as exclusive licences, copyright and patent rights; and 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. 

-  North American Free Trade Agreement (NAFTA) Article 1016.2b and 1016.2d

8. Ownership of Intellectual Property 
Ownership of any Foreground Intellectual Property arising out of the proposed contract will vest in the Contractor.

9. Period of the proposed contract or delivery date 
The contract period is from June 1st, 2017 to May 31st, 2022.

10. Cost estimate of the proposed contract 
The estimated value of the contract, including options, is about $300,000.00 (excluding applicable taxes) for the 5 years. 

11. Name and address of the pre-identified supplier 
  Siemens Canada ltd/ltee Division Technologies du bâtiment
  5005 rue Lévy 
  Saint-Laurent, Québec
  CANADA,  H4R 2N9

12. Suppliers' right to submit a statement of capabilities 
Suppliers who consider themselves fully qualified and available to provide the goods or services described in the ACAN may submit a statement of capabilities in writing to the contact person identified in paragraph 14 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 identified on this notice first page.

14. Inquiries and statements of capabilities are to be directed to: 

Camille Ghali 
Telephone : (514) 496-3871
Fax : (514) 496-3822
Email : camille.ghali@tpsgc-pwgsc.gc.ca.

Delivery Date: Above-mentioned

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, thenthe 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.

Delivery Date: Above-mentioned

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.