DFO - Sentinel Survey, Areas 2J3KLPs and 4R3Pn

Trade Agreement: Canadian Free Trade Agreement (CFTA)
Tendering Procedures: Generally only one firm has been invited to bid
Non-Competitive Procurement Strategy: Government Objectives Representing Best Interests/Value to Govt
Comprehensive Land Claim Agreement: No
Vendor Name and Address: 
Fishermen Food & Allied Workers Union
P.O. Box 10
Station C
St. John's Newfoundland and Labrador
Canada
A1C5H5
Nature of Requirements: 

DFO - Sentinel Survey, Areas 2J3KLPs and 4R3Pn

F6074-200001/A
Connolly, Carolyn
Telephone No. - (709) 690-3778 
Fax No. - (709) 772-4603 

Definition of requirement:

The Department of Fisheries and Oceans (DFO), St. John’s, NL has a requirement for the provision of services as specified under "Background" below. The purpose of this Advance Contract Award Notice (ACAN) is to signal the government's intention to award a contract for these services to Fishermen Food & Allied Workers Union (FFAW), St. John’s, NL.  Before awarding a contract, however, the government would like to provide other suppliers with the opportunity to demonstrate that they are capable of satisfying the requirements set out in this Notice, by submitting a statement of capabilities during the 15 calendar day posting period.  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 authority may then proceed with the award to the pre-identified supplier.

Background:

Public Services and Procurement Canada on behalf of the Department of Fisheries and Oceans (DFO), Science Branch in the Newfoundland-Labrador Region has a requirement for the delivery of a Cod Sentinel.  There are approximately (50) survey platforms (enterprises) required to conduct to the sentinel survey in NAFO divisions 2J3KLPs and approximately (18) survey platforms required for the sentinel survey in NAFO divisions 4R3Pn. It is proposed to award a contract to the Fisherman Food and Allied Workers Union (FFAW) for the Cod Sentinel in NAFO (North West Atlantic Fisheries Organization) Divisions 2J3KLPs and 4R3Pn. The contractor will provide a biologist and technicians trained by DFO personnel, and who have data collection experience, to assist in training participants, collecting data and monitoring at-sea scientific activity.  Participants in the cod sentinel program will collect biological data for age-determination and will also record the presence of by-catch.  The participants must supply all fixed fishing gear including boats and crew.  Mobile gear will be supplied by the contractor. The contractor shall endeavor to have participants remain with the project over a number of years to minimize data variability. The contractor must have the ability and technical resources to determine that these criteria are met, as well as a physical presence at strategic locations in the province to provide administrative support to project participants.

Criteria for assessment of the Statement of Capabilities: 

Mandatory Technical Criteria: 

The bidder must demonstrate that they have a well-defined team organization with a specialty dealing with commercial fisheries.

The bidder must demonstrate that they have a designated Project Manager to conduct the activities outlined in the Statement of Work.  The proposed Project Manager must have a minimum of five (5) years’ experience in managing projects of similar scope and structure.  

The bidder must demonstrate that contract workers (survey platforms) will be available in the required sampling locations outlined in Statement of Work (at the required time and using required gear) to ensure that the survey covers the same time period and location as previous years’ surveys. 

The bidder must supply survey fishing gear (mobile gear, gillnet and linetrawl as required) and be able to charter vessels necessary for survey work.

Applicability of the trade agreement(s) to the procurement:

This procurement is subject to the following trade agreement: Canadian Free Trade Agreement (CFTA)

Comprehensive Land Claims Agreement(s):

This procurement is subject to the Labrador Inuit Land Claims Agreement. 

Justification for the Pre-Identified Supplier:

The Fishermen Food & Allied Workers Union (FFAW) is the only known organization capable of successfully completing this work. The sentinel survey is a unique fisheries research program which has been developed by the Science Branch of the Department of Fisheries and Oceans and administered by the FFAW over the last seventeen years. No other organization is known to possess the fisheries infrastructure, experience or working knowledge to deliver the project in these North West Atlantic Fisheries Organization (NAFO) Divisions of Newfoundland and Labrador.

Government Contracts Regulations Exception:

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

Exclusions and/or Limited Tendering Reasons:

This procurement is subject to the Canadian Free Trade Agreement (CFTA); however, it is proposed to invoke limited tendering in accordance with the following: (https://www.cfta-alec.ca/wp-content/uploads/2017/06/CFTA-Consolidated-Text-Final-Print-Text-English.pdf) Article 513: Limited Tendering:
1. Subject to paragraphs 2 and 3, and provided that it does not use this provision for the purpose of avoiding competition among suppliers or in a manner that discriminates against suppliers of any other Party or protects its own suppliers, a procuring entity may use limited tendering in the following circumstances:
(b) if 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:
(iii) due to an absence of competition for technical reasons;
(f) if a procuring entity procures a prototype or a first good or service that is developed in the course of, and for, a particular contract for research, experiment, study, or original development. Original development of a first good or service may include limited production or supply in order to incorporate the results of field testing and to demonstrate that the good or service is suitable for production or supply in quantity to acceptable quality standards, but does not include quantity production or supply to establish commercial viability or to recover research and development costs.

Ownership of Intellectual Property:

Canada intends to retain ownership of any Foreground Intellectual Property arising from the performance of the Work under the proposed contract on the basis that the main purpose of the contract, or of the deliverables contracted for, is to generate knowledge and information for public dissemination.

The period of the proposed contract or the delivery date(s):

The proposed contract is from date of award to March 31, 2021 with two additional one year option periods.

A cost estimate of the proposed contract:

The estimated value of the contract is $1,104,130.00 HST extra.

Name and address of the pre-identified supplier:

Fishermen Food & Allied Workers Union
P.O. Box 10
Station C
St. John's, NL A1C 5H5
Canada

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.

The closing date for a submission of a statement of capabilities:

The closing date and time for accepting statements of capabilities is 10 March 2020 at 2:00 p.m. NST.

Inquiries and statements of capabilities are to be directed to:

Carolyn Connolly
Public Services and Procurement Canada
The John Cabot Building
10 Barter’s Hill, P.O. Box 4600
St. John’s, NL   A1C 5T2
Telephone:  709-690-3778
Facsimile:  709-772-4603
E-mail:  carolyn.connolly@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, 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.