Notice of Proposed Procurement constituting (i) a Notice of Intended Procurement and Summary Notice under CETA/Canada-UK TCA, and (ii) a Tender Notice under the CFTA
1.0 Introduction
The Canadian Air Transport Security Authority (“CATSA”) is a Crown corporation with headquarters at 99 Bank Street, Ottawa, Ontario, Canada, K1P 6B9. CATSA is responsible for the delivery of consistent, effective and efficient screening of passengers and non-passengers in designated airports. Further information about CATSA can be obtained at www.catsa.gc.ca.
1.1 Estimated Contract Value
$34,524,000
2.0 Description
The Canadian Air Transport Security Authority (“CATSA”) has a requirement to procure managed network services, including data centre services and critical network devices like switches and access points. This includes the supply, installation, maintenance, support, and migration (if required), along with related maintenance, support, licenses, and subscriptions.
For details see the RFP.
3.0 Procurement Method
This RFP establishes an Open Tendering process to enter into a non-exclusive Contract.
It is intended that this procurement will involve negotiations in respect of an agreement for the provision of the Goods and Services in accordance with the process set out in this RFP, and any document referenced by CATSA in this RFP.
4.0 Estimated Quantity of Goods and Services
CATSA’s estimated immediate requirement is described in Schedule “D” of the RFP.
During the term of the Contract, CATSA may, subject to the availability of funding, purchase additional quantities of the Goods and Services on an as and when required basis, via purchase orders issued under the Contract.
By responding to the RFP, bidders acknowledge that: (i) the foregoing are estimates only and are subject to change, in CATSA’s sole and absolute discretion, at any time, up to and including any time after any resulting Contract is entered into; and (ii) CATSA cannot commit to purchase any quantity of goods/services until a purchase order is issued in accordance with any resulting Contract.
The estimated requirements in Schedule “D” of the RFP are for informational purposes only and do not represent a commitment by CATSA to buy all or any quantities.
5.0 Term of Resulting Contract
It is anticipated that the term of any resulting Contract will be for an initial term of five years, renewable for an additional period of five years at CATSA’s sole option.
As this is anticipated to be a recurring Contract, it is CATSA’s intention to issue a notice of intended procurement in respect of a new RFP prior to the expiry of the term of the resulting Contract.
6.0 Address for Submission of Questions and Proposals/Responses; Question Acceptance Deadline and Closing Date
The question acceptance deadline and the closing date are set out in the “Dates” section above. CATSA may extend either or both of such dates.
Questions and proposals/responses must be submitted through the MERX Electronic Bid Submission system at www.MERX.com.
7.0 Mandatory Requirements
M1. The bidder MUST demonstrate that, as of the Deadline for Proposals, it is providing managed network services to at least one (1) client whose network spans sites in all Canadian provinces and territories. Additionally, the bidder must demonstrate that it has been delivering these services for a minimum of five (5) years by the Deadline for Proposals.
M2. The bidder MUST provide the address of the data centre proposed to support the requirements of the resulting Contract. As of the Deadline for Proposals, the proposed data centre MUST, be operated by the bidder, and be located within a fifty kilometer (50 km) radius of one (1) of the following Class 1 airports:
- Ottawa's Macdonald-Cartier International Airport (YOW), 1000 Airport Parkway Private, Ottawa, ON K1V 9B4;
- Toronto Pearson International Airport (YYZ), 6301 Silver Dart Drive, Mississauga, ON, L5P 1B2; or
- Montréal–Trudeau International Airport (YUL), 975, rue Arthur-Fly, Dorval, QC, H4Y 1H4.
See the RFP for details of conditions for participation.
8.0 Rated Requirements
The RFP contains details of the rated requirements.
9.0 Contractor Selection
Step 1: Confirmation of Compliance to the Mandatory Requirements
Technical Offers will be reviewed for compliance with the Mandatory Requirements described in Schedule “C” (Technical Offer Requirements and Evaluation) of the RFP to confirm that the information, statements and supporting material in the bidder’s Technical Offer substantiate a compliant response. Mandatory Requirements will be confirmed on a simple pass or fail basis.
If a proposal fails to satisfy any of the Mandatory Requirements, CATSA will issue the bidder a rectification notice identifying the deficiencies and providing the bidder with an opportunity to rectify the deficiencies. If the bidder fails to satisfy the Mandatory Requirements within the Rectification Period, its proposal will be rejected and will receive no further consideration. The Rectification Period will begin to run from the date and time that CATSA issues a rectification notice to the bidder and shall endure for a period of time determined by CATSA in its sole and absolute discretion. The Mandatory Requirements are set out in Schedule “C” (Technical Offer Requirements and Evaluation).
Step 2: Evaluation of Rated Requirements (seven hundred and twenty-two (722) points)
Technical Offers will be evaluated against the Rated Requirements, as outlined in Schedule “C-1” (Scoring Guide). Technical Offers will be assigned a score for each rated requirement to establish a Step 2 “Technical Score”. The maximum Technical Score is seven hundred and twenty-two (722) points.
At the end of this Step 2 (Evaluation of Rated Requirements), CATSA will establish a shortlist of up to the top three (3) bidders with the highest total Technical Scores that are within a twenty percent (20%) range of the highest Technical Score. Only the bidders meeting these criteria will be eligible to proceed to the next step of the evaluation and selection process.
Step 3: Evaluation of Financial Offer
Financial Offers will be evaluated and assigned an “Evaluated Price” in accordance with Schedule “D”, (Financial Offer Requirements and Evaluation).
Step 4: Ranking of Bidders
Price Per Point:
Bidders will be ranked in order of lowest Evaluated Price Per Point (an example follows). The top-ranked bidder will receive a written invitation to enter into direct contract negotiations to finalize the Contract with CATSA, subject to Schedule “G” (Security Requirements Assessments) and without limitation to any other provision in this RFP, including but not limited to Section 11 (CATSA’s Reserved Rights).
Step 5: Certifications and Additional Information
The bidder must provide the required certifications and additional information to be considered for award of a contract.
The certifications provided by the bidder are subject to verification by CATSA at all times. Unless specified otherwise, CATSA will declare a proposal non-responsive, or will declare a contractor in default if any certification made by the bidder is found to be untrue, whether made knowingly or unknowingly, during the proposal evaluation period or during the term of any resulting contract.
CATSA will have the right to ask for additional information to verify the bidder’s certifications. Failure to comply and to cooperate with any request or requirement imposed by CATSA will render the proposal non-responsive or constitute a default under any resulting contract.
5.1 Certifications Precedent to Contract Award and Additional Information
5.1.1 Price Certification
By submitting a proposal, the bidder shall be deemed to represent and warrant that the unit prices and rates offered do not exceed the lowest prices and rates charged to any other customer, including their most favoured customer, for like quantity and quality of the goods and services. The bidder shall further be deemed to represent and warrant that unit prices and rates do not include any provision for discounts to selling agents or an element of profit on the sale in excess of that normally obtained by bidder on the sale of such goods or provision of such services. In the event that the bidder’s unit prices and rates exceed the lowest price charged to another customer, the bidder agrees that its unit prices and rates for the Contract shall be adjusted to match such lower prices upon notice by CATSA.
5.2 Certifications Required with the Proposal
The certifications and any additional information listed below should be submitted with the proposal but may be submitted afterwards. If any of these required certifications or additional information is not completed and submitted as requested, CATSA will inform the bidder of a time frame within which to provide the information. Failure to provide the certifications or the additional information listed below within the time frame specified will render the bid non-responsive.
5.2.1 Bandwidth Capabilities
By submitting a proposal the Bidder certifies that it will be able to provide bandwidth at the current levels (as defined in Table 1 (Ongoing MNS Support) of Schedule “D” (Financial Offer Requirements and Evaluation) or better levels, at each of the CATSA Sites by no later than the Go-Live Date.
Step 6: Security Requirements Assessments
Prior to award, pre-condition to award of a contract, CATSA will, for the bidder selected as the top ranked bidder from Step 4 (Ranking of Bidders), assess that bidder’s ability to meet the Security Requirements specified in Appendix “A-1” of the Terms and Conditions in accordance with Schedule “G” (Security Requirements Assessments).
Step 7: Negotiations
The top ranked bidder will be identified BY CATSA in accordance with the above at which point the RFP will be at an end.
The evaluations under this RFP and the preceding steps in this RFP, AND ANY SCHEDULE UNDER THIS RFP are solely for the purposes of establishing a TOP ranked bidder with whom to Enter into negotiationS and nothing shall limit CATSA’s ability to negotiate and to conclude an agreement with the Top ranked bidder (or successive ranked bidders) on terms, commitments or prices different from those identifed in this RFP, any Schedule under this RFP or the TOP Ranked Bidder’s Proposal.
- Negotiations will be subject to the process rules contained in this RFP, including Section 19 of the Instructions to Bidders and will not constitute a legally binding offer to enter into a contract on the part of CATSA or the bidder and there will be no legally binding relationship created with any bidder prior to the execution of a written agreement. The terms and conditions attached as Appendix “A” to Schedule “F” (Contract) are to form the basis for commencing negotiations between CATSA and the top ranked bidder. The scope of negotiations and the process of negotiations will be determined by CATSA and will be identified in a document provided to the top ranked bidder. Without limiting the foregoing, negotiations may include requests by CATSA for supplementary information from the bidder to verify, clarify or supplement the information provided in its proposal or to confirm the conclusions reached in the evaluation, and may include requests by CATSA for improved pricing or performance terms from the bidder.
- Time Period for Negotiations
CATSA intends to enter into negotiations and finalize the agreement with the top-ranked bidder during the Contract Negotiation Period, commencing from the date CATSA invites the top-ranked bidder to enter negotiations. A bidder invited to enter into direct contract negotiations should therefore be prepared to provide requested information in a timely fashion and conduct its negotiations expeditiously.
- Failure to Enter into Agreement
Bidders should be aware that CATSA does not represent or warrant that they will be able to conclude an agreement and neither party has any obligation to conclude an agreement. If the parties cannot conclude negotiations and finalize the agreement for the Goods and Services within the Contract Negotiation Period, CATSA may discontinue negotiations with the top-ranked bidder and may invite the next-best-ranked bidder to enter into negotiations, in CATSA’s best interests. This process will continue until an agreement is finalized, until there are no more bidders remaining that are eligible for negotiations or until CATSA elects to cancel the RFP process.
- Notification of Negotiation Status
Other bidders that may become eligible for contract negotiations may be notified at the commencement of the negotiation process with the top-ranked bidder.
10.0 Trade Agreement
This procurement is subject to:
- Chapter Nineteen (Government Procurement) of the Canada-European Union Comprehensive Economic and Trade Agreement (CETA);
- The Canada-United Kingdom Trade Continuty Agreement; and
- Chapter Five (Government Procurement) of the Canadian Free Trade Agreement (CFTA).
11.0 Use of MERX
CATSA will only use MERX as its web-based forum to post solicitations. As such, the attached procurement document has only been posted on MERX, and all related documents, notices, addendums, and questions and responses thereto will only be posted on MERX.
See MERX at http://www.merx.com for details respecting how to access the solicitation documents and any costs related thereto.
CATSA does not authorize, or make any representations or warranties in respect of, any postings relating to its procurements found on any other web-based forum.
14.0 Language
A French language version of the RFP will be made available upon request. Proposals may be submitted in either the English or French language.
