Contract Assembly System

Trade Agreement: CETA/WTO-AGP/CPTPP/CFTA/FTAs with Peru/Colombia/Panama/Korea/UK
Tendering Procedures: Generally only one firm has been invited to bid
Non-Competitive Procurement Strategy: Interchangeable Parts
Comprehensive Land Claim Agreement: No
Vendor Name and Address: 
KMStandards LLC
205 N. Michigan Avenue
Suite 810
Chicago Illinois
United States
60601
Nature of Requirements: 

Contract Assembly System

EN578-221959/A
Martin, Lesley
Telephone No. - (416) 275-7110 (    )

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

The Department of Public Services and Procurement Canada (PSPC) has a requirement for a contract assembly system.  The system will seamlessly interface with a Microsoft Add-in module for procurement officers to securely assemble and customize procurement documents for the full range of bid types and procurement contracts in both French and English, guided by an expert assembly wizard and online help. The assembly wizard will incorporate a modernized library of templates and clauses based on Canada’s Standard Acquisition Clauses and Conditions (SACC) Manual.  

This software will be accessible for up to 5000 users in various federal departments and agencies.

Canada is not seeking a procure to pay system or a contract lifecycle management application.  

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 its system meets the following requirements:

- The software must provide the following procurement document assembly features: 

o Microsoft Word Add-in module that is capable of integrating with PSPC’s modernized structure and clause library; 
o Wizard tool with an extensible set of configuration options; 
o Reassembly capability: 1) to change wizard selections after building and editing a document, and 2) to inform the user of the changes required to rebuild the document (namely, the clauses that will be added or removed) based on new selections; 
o Integrated clause library outline: to adjust clauses in the assembled document in accordance with the wizard selection which allows users to select and insert or replace the appropriate clauses in the document fully formatted and automatically numbered; 
o Search function to allow users to automatically locate and highlight the selected clause within the document; and
o English or French assembly and automatic generation of a matching document in the other language. 
o Administrative platform to manage its modernized procurement clause library
o Provides a hierarchically integrated clause framework that is extendable in a single structure and without duplication of content.
o Intelligent integration which maintains clauses in a central location and links clauses in procurement documents at its appropriate location, based on the clause attributes.  
o Software must be able to update and maintain the clause library in a repository by maintaining only one version of each clause for acquisition specific requirements.

- The system must be installed on, and must adhere to Canada’s controlled systems and networks. 

- Software is capable of integrating with PSPC’s SAP/Ariba procurement system within an Excel format as defined by SAP Ariba.

- Must allow Canada to purchase all system related source code

4. Applicability of the trade agreement(s) to the procurement

This procurement is subject to the following trade agreement(s):

o Canadian Free Trade Agreement (CFTA)
o Revised World Trade Organization - Agreement on Government Procurement (WTO-AGP)
o Canada-European Union Comprehensive Economic and Trade Agreement (CETA)
o Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
o Canada-Chile Free Trade Agreement (CCFTA)
o Canada-Colombia Free Trade Agreement
o Canada-Honduras Free Trade Agreement
o Canada-Korea Free Trade Agreement
o Canada-Panama Free Trade Agreement
o Canada-Peru Free Trade Agreement (CPFTA)
o Canada-United Kingdom Trade Continuity Agreement (Canada-UK TCA)
o Canada-Ukraine Free Trade Agreement (CUFTA)

5. Justification for the Pre-Identified Supplier

The only known supplier meeting the specifications required is KMStandards Corporation.  For this reason it is proposed to negotiate directly with them for this requirement.

6. Government Contracts Regulations Exception(s)

The following exception(s) to the Government Contracts Regulations is (are) invoked for this procurement under subsection 6(d) - “only one person is capable of performing the work”.

7. Exclusions and/or Limited Tendering Reasons

The following exclusion(s) and/or limited tendering reasons are invoked under the :

o Canadian Free Trade Agreement (CFTA) - Article(s) 513, b, iii
o Revised World Trade Organization - Agreement on Government Procurement (WTO-AGP) - Article(s) XIII, 1.b
o Canada-European Union Comprehensive Economic and Trade Agreement (CETA) - Article(s) 19.12, 1.b
o Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) - Article(s) 15.10, 2.b
o Canada-Chile Free Trade Agreement (CCFTA) - Article(s) Kbis-09, 1.b
o Canada-Colombia Free Trade Agreement - Article(s) 1409, 1.b 
o Canada-Honduras Free Trade Agreement - Article(s) 17.11, 2.b 
o Canada-Korea Free Trade Agreement - Article(s) 14.3
o Canada-Panama Free Trade Agreement - Article(s) 16.10, 1.b
o Canada-Peru Free Trade Agreement (CPFTA) - Article(s) 1409, 1.b
o Canada-United Kingdom Trade Continuity Agreement (Canada-UK TCA) - Article(s) 19.12, 1.b
o Canada-Ukraine Free Trade Agreement (CUFTA) - Article(s) 10.13, 1.b

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 system must be delivered on or before February 1, 2022.

The proposed contract is for a period of approximately 1 year and three months, from Contract award to March 31, 2023 with four one-year option periods to extend to March 31, 2027.Cost estimate of the proposed contract

10. Cost estimate of the proposed contract

The estimated value of the contract, including option(s), is $13,912,500 USD (GST/HST extra).

11. Name and address of the pre-identified supplier

KMStandards Corporation
205 N. Michigan Ave, Suite 810, 
Chicago, IL 60601

12. Suppliers' right to submit a statement of capabilities

Suppliers who consider themselves fully qualified and available to provide the goods, services or construction services described in the ACAN 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.

13. Closing date for a submission of a statement of capabilities

The closing date and time for accepting statements of capabilities is December 31, 2021 at 2:00 p.m. EST.

14. Inquiries and submission of statements of capabilities  

Inquiries and statements of capabilities are to be directed to:

Lesley Martin
Telephone: 416-275-7110
E-mail: Lesley.Martin2@pwgsc-tpsgc.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, 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.