Software Licenses

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.