Underwater Noise Study - Phase 3

Trade Agreement: CETA / WTO-AGP / CPTPP / NAFTA / CFTA / FTAs with Peru / Colombia / Panama / Korea
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: 
Vancouver Fraser Port Authority
100 The Pointe
999 Canada Place
Vancouver British Columbia
Canada
V6C3T4
Nature of Requirements: 

Definition of the Requirement
Transport Canada has a requirement for the establishment of a Contract with Vancouver Fraser Port Authority (VFPA) for further underwater noise studies as part of a program called Enhancing Cetacean Habitat and Observation (ECHO) Program to better understand and manage potential impacts to cetaceans from commercial vessel activities throughout the southern coast of British Columbia.
The future work will utilize the learnings from previous work to further reduce the threats to endangered whales posed by vessel traffic. The work will be split into three themes: regional ambient noise and vessel noise collection and analysis, evaluation and analysis of operational and technological mitigations, and project management and stakeholder engagement.
Criteria for assessment of the Statement of Capabilities (minimum essential requirements)
Any interested supplier must demonstrate, by way of Statement of Capabilities, that it meets the following requirements:
1)  Be the owner of over 7,000 vessel source level measurements, covering all the major commercial vessel classes transiting the Salish Sea and calling the Port of Vancouver.
2)  Have collected and analysed source level measurements to closely match the Grade-C, ANSI vessel noise measurement standard;
3)  Have convened a minimum of 17 marine stakeholder organizations as an Advisory Working Group, which meets a minimum of three times per year to provide input and guidance essential to the successful planning, management and industry participation of/in annual operational mitigations for the area covering the Salish Sea and the Port of Vancouver;
4)  Have the support of a minimum of 80 marine industry partners to support and participate in annual voluntary efforts to reduce underwater noise;
5)  Have collected and analysed continuous long-term datasets of ambient noise at multiple locations in the Salish Sea;
6)  Have established baseline underwater conditions, considering spatial and temporal trends; 
7)  Have regional partnerships to undertake technical, economic and socio-economic research and development;
8)  Have direct access to the technical resources to manage the analysis of large amounts of data and provide high quality, scientific reporting to the general public; and
9)  Be willing to support 50% of the costs for the execution of the work required.

Applicability of the trade agreement(s) to the procurement
This procurement is subject to the Canadian Free Trade Agreement (CFTA) and exempt from NAFTA [see Chapter 10, Annex 1001.2b, paragraph 1 (a)] and from the WTO-AGP (see Annex 4).

Justification for the pre-identified supplier
The Vancouver Fraser Port Authority (VFPA), is currently the only known entity to have the intellectual property rights to the vessel source level measurements required to conduct the required analysis.
VFPA is also considered the only entity which has the required level of pre-engagement with industry required to implement any possible underwater radiated noise level reduction measures which may be proposed as a result of the data analysis.

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").
Exclusions and/or limited tendering reasons
The following limited tendering reasons are invoked under the section of the trade agreement specified:
i) Canadian Free Trade Agreement (CFTA)  Article 513(1)b(III}
If the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist due to an absence of competition for technical reasons. 

Period of the proposed contract or delivery date
Contract Award to March 31, 2024
Name and address of the pre-identified supplier
 Organization Name: Vancouver Fraser Port Authority
 Organization Address: 
  100 The Pointe, 999 Canada Place
  Vancouver, B.C. 
  V6C 3T4

Closing date for a submission of a statement of capabilities:
The closing date and time for accepting statements of capabilities is 2:00 pm (PDT) on 29 August, 2019

Inquiries and submission of statements of capabilities are to be directed to:
 Eric Zwarich
 Supply Team Leader, Acquisitions Marine, Procurement Branch / Pacific Region
 Public Services and Procurement Canada / Government of Canada
 1230 Gouvernement St. Victoria, BC V8W 3X4
 Eric.Zwarich@pwgsc-tpsgc.gc.ca 
 Cel: 250-661-2347

Delivery Date: Above-mentioned

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.