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, 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 National Defence has a requirement for the supply of the following:
Regulator, Oxygen, Diluter Demand Upgrade from NSN:1660-01-407-8855 to NSN: 1660-01-391-4738
Conversion of O2 Regulators to Type V, Night Vision Goggle (NVG)-Compatible, PN: B40860-1
Units to be modified with Type V Panel, installation of toggle guard P/N 19497
Type V light panel (white light)
Quantity: 120 units
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 product/equipment/system (as appropriate) meets the following requirements of items listed in section 2 above – Definition of Requirement.
4. This procurement is subject to the following trade agreement(s)
• World Trade Organization Agreement on Government Procurement (WTO GPA) - Revised
• Canada-Panama Free Trade Agreement
• Canada-Korea Free Trade Agreement (CKFTA)
• Canada-Honduras Free Trade Agreement
• Canadian Free Trade Agreement (CFTA)
• Canada-European Union Comprehensive Economic and Trade Agreement (CETA)
• Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
• Canada-Ukraine Free Trade Agreement 2023 Modernized (CUFTA)
• Canada-UK Trade Continuity Agreement (Canada-UK TCA)
• Canada-Chile Free Trade Agreement (CCFTA)
• Canada-Colombia Free Trade Agreement
• Canada-Peru Free Trade Agreement (CPFTA)
5. Justification for the Pre-Identified Supplier
The parts and service sought by the Department of National Defence (as outlined under part 2) are only available from Blue Aerospace LLC as the exclusive authorized representative of the original equipment manufacturer and holder of intellectual property rights, Eaton Mission Systems.
6. 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".
7. Exclusions and/or Limited Tendering Reasons
The following exclusion(s) and/or limited tendering reasons are invoked under:
Canadian Free Trade Agreement (CFTA), Article 513.1: Limited Tendering (b) (ii) the protection of patents, copyrights, or other exclusive rights;
Canada–Chile Free Trade Agreement (CCFTA), Article Kbis-09: Tendering Procedures, para 1 : Limited Tendering b. where the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute exists;
Canada–Colombia Free Trade Agreement (CCoFTA), Article 1409 Limited Tendering b. ii. The protection of patents, copyrights or other exclusive rights;
Canada–Honduras Free Trade Agreement (CHFTA), Chapter 17, Article 17.11 Limited Tendering (b) (ii) the good or service is protected by a patent, copyright or other exclusive intellectual property right;
Canada–Korea Free Trade Agreement (CKFTA), which defers to WTO-AGP Article XV, Limited Tendering b) when, for works of art or for reasons connected with protection of exclusive rights, such as patents or copyrights;
Canada–Panama Free Trade Agreement (CPFTA), Chapter 16, Article 16.10 Limited Tendering b. ii. a good or service being procured is protected by a patent, copyright or another exclusive right;
Canada–Peru Free Trade Agreement (CPAFTA), Article 1409: Limited Tendering (b) (ii) the protection of patents, copyrights or other exclusive rights;
World Trade Organization – Agreement on Government Procurement - Revised (WTO-AGP), Article XV – Limited Tendering b. Limited Tendering 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;
Canada-European Union Comprehensive Economic and Trade Agreement (CETA), Article 19.12(b)(ii) the protection of patents, copyrights or other exclusive rights;
Canada-United Kingdom Trade Continuity Agreement (Canada-UK TCA) - The provisions of CETA are incorporated by reference into and made part of this Agreement;
Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), Article 15.10 (b) (ii) the protection of patents, copyrights or other exclusive rights;
Canada–Ukraine Free Trade Agreement - 2023 Modernized (CUFTA) -The provisions of WTO-AGP Article XV, Limited Tendering are incorporated by reference into and made part of this Agreement.
8. Ownership of Foreground Intellectual Property
o 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
o Delivery of the items is to begin by 30 July, 2026.
10. Cost estimate of the proposed contract
The estimated value of the contract is $3,085,800.00 CAD (taxes excluded).
11. Name and address of the pre-identified supplier:
Blue Aerospace LLC., 6501B Nob Hill Road, Tamarac, FL 33321 United States.
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 16 February, 2026 at 14:00 EST.
14. Inquiries and submission of statements of capabilities
Inquiries and statements of capabilities are to be directed to:
Kyle Sorrie DAP 2-2-7
Email: kyle.sorrie@forces.gc.ca
