Software Licenses

Solicitation number EQ977-132050/A

Publication date

Closing date and time 2012/12/05 14:00 EST


    Description
    Trade Agreement: NAFTA/AIT/Canada-Peru FTA/Canada-Colombia FTA
    Tendering Procedures: Generally only one firm has been invited
    to bid
    Attachment: None
    Non-Competitive Procurement Strategy: Exclusive Rights
    Comprehensive Land Claim Agreement: No
    Vendor Name and Address: 
    Language Research Development Group
    1407 Saint Alexandre St.,
    Montreal Quebec
    Canada
    H3A2G3
    Nature of Requirements: 
    Software Licenses
    
    EQ977-132050/A
    Abela, Aaron
    Telephone No. - (905) 615-2061 (    )
    Fax No. - (905) 615-2060
    
    ACAN Explanation
    
    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.
    
    All responses or inquiries are to be submitted to the
    Procurement officer identified above. The PWGSC file number, the
    Procurement 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.
    
    Definition of Requirement:
    
    The Department of Public Works and Government Services Canada
    (PWGSC), requires the supply and delivery of Perpetual
    non-exclusive freely transferable software licenses for the
    language training software product required. 
    
    PWGSC requires a language training licensed software solution to
    be a fully interactive self-study modular based French Second
    Language (FSL) training solution and include audio/video
    segments, self scoring tests, exercises, reference manuals and
    telephone tutoring services from qualified instructors
    possessing a valid degree in Education or equivalent training
    and experience.
    
    The licensed software solution must run on multiple computing
    platforms and devices; "devices" are defined as mainframes,
    servers, desktops, workstations, notebooks, laptops, personal
    digital assistant(s) and networking equipment any other
    equipment including, mass storage device(s), input output
    device(s) and operating system.
    
    PWGSC requires Software Maintenance and Support for the licensed
    software solution during the Software Support Period, including
    the most recent release(s) and version(s) of the licensed
    software solution during the period of the software maintenance,
    as soon as they are available.
    
    Criteria for Assessment of the Statement of Capabilities:
    
    Any interested supplier must demonstrate by way of a statement
    of capabilities that its product meets the following
    requirements:
    
    1. The licensed software solution must deliver, enable and
    support evaluation and training standards, which are in
    accordance with:Government of Canada, Treasury Board of Canada
    Secretariat  Qualification Standards in relation to Official
    Languages. http://www.tbs-sct.gc.ca/gui/squn03-eng.asp#section3
    
    2. The licensed software solution must facilitate the learning
    of employees in an interactive environment and must include
    evaluation and training sessions by computer and with an
    instructor.
    
    3. The licensed software solution must be based on
    Canadian-French and Canadian-English language training licensed
    software solution, and the software must deliver, enable and
    support the functionality for users to provide access to the
    training from home, a laptop and work desktop using multiple
    computing platforms and devices including mass storage device(s)
    without the requirement to connect to any outside server/website.
    
    4. The licensed software solution must provide unique passwords
    in order to allow PWGSC to monitor usage. The passwords must
    have the following characteristics:
    
             a) Randomly generated and unique to each PWGSC employee
             b) Capability to send unique codes via e-mail
             c) Permit the employee access to specific modules
             d) Provide PWGSC reports of usage
    
    5. The licensed software solution must deliver, enable and
    support the functionality to evaluate the user's language
    proficiency and start the training at the appropriate level
    based on the Government of Canada Qualification Standards
    
    6. The licensed software solution must deliver, enable and
    support Telephone assistance from a Qualified Instructor
    possessing a valid degree in Education and experience, in
    accordance to a schedule to accommodate students schedules.
    Costs of telephone calls between the tutor and student must be
    borne by the Contractor.
    
    7. The licensed software solution must deliver, enable and
    support in a secure environment the following and automated
    reporting functionality by individual student:
    
    a. Complete individual learning profile
    b. On-line access by the student to his profile
    c. On-line access by administrators, with varying access rights,
    to groupings of students by division.
    d. Ability for the client to download reports electronically
    e. Complete billing justification and audit
    f. The Contractor must make available at his expense an on-line
    student registration system with appropriate security.
    It must also allow PWGSC management to review and authorize
    activity with students.
    
    8. The maintenance and support services for the licensed
    software solution, must deliver the following software code as
    part of the software maintenance:
    
    a. all bug fixes, software patches, and all other enhancements;
    b. all upgrades, updates, major and minor new releases, and
    renames;
    c. all extensions and other modifications, including but not
    limited to drivers, service packs, and service releases;
    d. all application programming interfaces (APIs), plug-ins,
    applets and adapters;
    e. all rewrites, including in other programming language(s),
    where the original version(s) is no longer being maintained by
    the software publisher.  
    f. all pedagogical and andragogical updates
    
    9. The licensed software solution must provide, and ensure full
    follow up and audit capability of individual billing for
    training sessions with an instructor.
    
    10. The Contractor must provide an online tracking system or a
    Learning Management System (LMS) for the Client to monitor the
    number of modules acquired, their student learning profile and
    employee records such as Preliminary Evaluation Reports, End of
    Session Reports, End of Module Reports, etc.
    
    11. Online self placement tests must be available through the
    Contractor's website and through a portal site for learners
    using the software solution from home.
    
    12. The Contractor must provide one (1) copy of the technical,
    installation and operations manuals for the Licensed Software.
    Updates, revisions and new manuals applicable to components of
    the licensed software solution must be provided at no additional
    charge within ten (10) calendar days of availability, throughout
    the duration of any Maintenance and Support Services' period.
    
    The conditions of the developer's shrink-wrap license are not
    acceptable to the Crown. This software is proprietary, and the
    proposed Contractor must have the authority to negotiate the
    terms and conditions of the contract and the related software
    licensing terms including, but not limited to; limitation of
    liability, indemnification, transferability of license,
    termination/refund to the Crown
    
    The proposed language training licensed software solution must
    be a Commercial off-the-Shelf (COTS) solution in which any
    Foreground Intellectual Property arising out of the proposed
    contract will vest in the Contractor.
    
    Applicability of the Trade Agreement(s) to the procurement:
    
    The procurement is subject to the following Trade Agreements:
    Agreement on Internal Trade (AIT), and North American Free Trade
    Agreement (NAFTA) and World Trade Organization (WTO).
    
    Justification for the Pre-Identified Supplier:
    
    It is proposed to issue a Contract to Language Research
    Development Group (LRDG) of Montreal, Quebec, as it is the only
    proprietary sole source provider, with a French language
    training licensed software solution "Pour l'amour du français",
    that satisfies the requirements described below and provides
    tutoring services and placement testing. 
    
    The requirements include: 
    
    1.	The licensed software solution must deliver, enable and
    support evaluation and training standards, which are in
    accordance with: Government of Canada, Treasury Board of Canada
    Secretariat  Qualification Standards in relation to Official
    Languages. http://www.tbs-sct.gc.ca/gui/squn03-eng.asp#section3
    
    2.	The licensed software solution must deliver, enable and
    support the functionality to evaluate the user's language
    proficiency and start the training at the appropriate level
    based on the Government of Canada Qualification Standards.
    
    3.	The licensed software solution must include the delivery of
    Perpetual non-exclusive freely transferable software licenses
    for language training.
    
    4.	The licensed software solution must be based on
    Canadian-French and Canadian-English language training licensed
    software solution, and the software must deliver, enable and
    support the functionality for users to provide access to the
    training from home, a laptop and work desktop using multiple
    computing platforms and devices including mass storage device(s)
    without the requirement to connect to any outside
    server/website. 
    
    Name and Address of the Pre-Identified Supplier:
    
    The only known supplier of a system meeting the technical
    specifications is Language Research Development Group, 1407
    Saint Alexandre St., Montreal, Quebec. Canada. H3A 2G3. For this
    reason it is proposed to negotiate directly with them for this
    requirement.
    
    Single sourcing applies under the following:
    
    - GCR. Section 6d): Only one person is capable of performing the
    contract.
    
    - AIT, Article 506.12 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
    substitute exists.
    
    - NAFTA, Article 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.
    
    - WTO, Article XV (b): When, for works of art or for reasons
    connected with protection of exclusive rights, such as patents
    or copyrights, or in the absence of competition for technical
    reasons, the products or services can be supplied only by a
    particular supplier and no reasonable alternative or substitute
    exists. 
    
    Delivery Date: 
    
    The Contractor must deliver the licensed software solution and
    the documentation and all required methodologies no later than
    December 1, 2012.
    
    Period of the Contract: 
    
    The contract will be for a period of two (2) years. PWGSC
    retains the right to extend the period of the Contract for up to
    three (3) additional one (1) year option periods. 
    
    
    
    
    Delivery Date: 25/10/2012
    
    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.

    Contract duration

    Refer to the description above for full details.

    Trade agreements

    • Agreement on Internal Trade (AIT)
    • Canada-Colombia Free Trade Agreement
    • Canada-Peru Free Trade Agreement (CPFTA)
    • North American Free Trade Agreement (NAFTA)

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    Contact information

    Contracting organization

    Organization
    Public Works and Government Services Canada
    Address
    11 Laurier St, Phase III, Place du Portage
    Gatineau, Quebec, K1A 0S5
    Canada
    Contracting authority
    Abela, Aaron
    Phone
    (905) 615-2061 ( )
    Fax
    (905) 615-2060
    Address
    Ontario Region
    33 City Centre Drive
    Suite 480
    Mississauga, Ontario, L5B 2N5

    Buying organization(s)

    Organization
    Public Works and Government Services Canada
    Address
    11 Laurier St, Phase III, Place du Portage
    Gatineau, Quebec, K1A 0S5
    Canada
    Bidding details

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    Summary information

    Notice type
    Advance Contract Award Notice
    Language(s)
    English, French
    Region(s) of delivery
    Ontario (except NCR)
    Commodity - GSIN
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