Nuclear Advisory Services

Trade Agreement: NONE Tendering Procedures: All interested suppliers may submit a bid Attachment: None Competitive Procurement Strategy: Best Overall Proposal Comprehensive Land Claim Agreement: No Nature of Requirements: 23240-130189/C

This bid solicitation cancels and supersedes previous bid solicitation number 23240-130189/B dated March 22, 2013 with a closing of April 22, 2013 at 2:00 PM Eastern Daylight Saving Time.

NOTICE OF PROPOSED PROCUREMENT (NPP) FOR NUCLEAR ADVISORY SERVICES FOR THE RESTRUCTURING OF ATOMIC ENERGY OF CANADA LIMITED'S (AECL's) NUCLEAR LABORATORIES (LABORATORIES).

Background

The restructuring of AECL, a Crown corporation, is a long-term initiative that the Canada announced in 2009 to reduce the cost and liability risks facing AECL and Canada. The restructuring focussed first on the divestiture of the former CANDU Reactor Division (CRD), which successfully closed in October 2011 with the sale of the assets of the CRD to Candu Energy Inc. (Candu), a wholly-owned subsidiary of SNC-Lavalin Group Inc.

In February 2012, Canada issued a Request for Expression of Interest (RFEOI) No. 23240-120758/A to assess stakeholder interest in managing, investing in or partnering with AECL and received 46 responses from a variety of stakeholders including the private sector; local communities, academics and academic interests, provincial government organizations; industry associations; and employees, employee groups and retirees.

Based on the responses received through the RFEOI process and internal analysis, Canada is proceeding with restructuring the Laboratories with a view to: clarifying their mandate, governance, and accountabilities; aligning funding and resources to explicit objectives, goals and priorities anchored in federal roles and responsibilities; and moving to full-cost recovery for goods and services provided to AECL's customers. Building on lessons learned from other countries (e.g. U.K. and U.S.), Canada is seeking to benefit from private sector rigour and management of the Laboratories, while moving nuclear science & technology (S&T) to be more industry-driven.

Overview

Public Works and Government Services Canada (PWGSC), on behalf of Natural Resources Canada (NRCan), is seeking the services of an experienced independent contractor, on an as and when requested basis, to provide Nuclear Advisory Services related to the restructuring of (AECLs) Nuclear Laboratories (Laboratories).

The objectives of the Work are to obtain expert advice and services to assist the Government of Canada (Canada) in (i) developing a sound and competitive staged procurement process for the selection of a contractor to manage and operate the Laboratories under a Government-Owned, Contractor-Operated (GoCo) contract, and (ii) to provide advice and support to Canada in monitoring and assessing the performance of the Contractor under the GoCo Contract.

The Contractor must provide advice and services to Canada in specific areas relating to contracting for management and operating services for nuclear laboratories. The services and advice to be provided may include but are not limited to: (i) nuclear laboratory benchmarking and performance assessment; (ii) performance indicator setting; (iii) nuclear laboratory management advice; (iv) radioactive waste management advice; (v) assessment and valuation of waste liabilities and waste liability management; (vi) performance-based contracting for management and operations services; (vii) laboratory capability assessment; (viii) site improvement plan development; as well as (ix) studies and market research relating to the nuclear energy research area.

The contract period will be from Contract date to March 31, 2014 with one additional irrevocable one (1) year option period and (5) additional irrevocable optional periods of six (6) months each.

Security Requirement

1. The Contractor must, at all times during the performance of the Contract, hold a valid Facility Security Clearance at the level of SECRET, with approved-Document safeguarding at the level of SECRET, issued by the Canadian Industrial Security Directorate (CISD), Public Works and Government Services Canada (PWGSC).

2. The Contractor personnel requiring access to CLASSIFIED information, assets or sensitive work site(s) must EACH hold a valid personnel security screening at the level of SECRET, granted or approved by the CISD, PWGSC.

3. Processing of CLASSIFIED information electronically at the Contractor site is NOT permitted under this Contract.

4. Subcontracts which contain security requirements are NOT to be awarded without the prior written permission of CISD/PWGSC.

5. The Contractor must comply with the provisions of the: (a) Security Requirements Check List and security guide (if applicable); (b) Industrial Security Manual (Latest Edition).

Security Clearance Sponsorship Request

Bidders whose organizations currently do not hold a valid Facility Security Clearance (FSC), issued by the Canadian Industrial Security Directorate (CISD) of PWGSC, at a level of information of SECRET are encouraged to initiate the security clearance process immediately to meet the above noted security requirements by requesting sponsorship from the PWGSC Contacting Authority by e-mail at the address provided. It is the responsibility of the Bidders to ensure that the information required concerning the security clearance is provided on time to either the requesting authority or the CISD of PWGSC. The request should include the following information: · Legal name of the company: · Business Name, if different from legal name: · Mailing address: · Civic address, if different from mailing address: · Company telephone number: · Company fax number: · Surname and Given Name of the contact person (Canadian Official): · Title of the contact person: · Telephone number of the contact person: · E-mail address of the contact person: · Language preference (English or French);

The CISD of PWGSC will then send to the interested Bidder the paperwork, which needs to be completed.

For any inquiries concerning any security requirements, the Bidder should contact CISD at 1-866-368-4646, or (613) 948-4176 in the National Capital Region, CISD Website: http://ssi-iss.tpsgc-pwgsc.gc.ca/index-eng.html.

There are no direct costs charged to Bidders wishing to obtain a Facility Security Clearance (FSC). However, the Bidder may incur indirect costs, which results from being required to meet the minimum standards such as installing mechanisms for document safeguarding, if applicable.

Mandatory Criteria on National Security Exception

1. To protect its essential security interests, including ensuring compliance with its national nuclear policies and its international nuclear non-proliferation agreements, Canada has invoked the National Security Exception for this procurement, which excludes this procurement from all of the obligations of the trade agreements to which Canada is a party.

2. In order to be allowed to submit a bid, a Bidder (as defined in Article 4 of the 2003 Standard Instructions - Goods or Services - Competitive Requirements (2012-11-19)), and any parent of the Bidder must be domiciled in (a) Canada; or (b) a country that has: (i) a government-to-government arrangement with Canada for the exchange and safeguarding of protected and classified information and assets (http://ssi-iss.tpsgc-pwgsc.gc.ca/ssi-iss/int/si-is-eng.html); and (ii) a Nuclear Cooperation Agreement with Canada.

3. The Successful Bidder will be prohibited from transferring outside of Canada any controlled nuclear information and/or technology. The phrase "controlled information and/or technology" means nuclear information such as design specifications, technical data, drawings and models subject to the Nuclear Safety and Control Act, the Export and Import Permits Act, the Nuclear Non-proliferation Import and Export Control Regulations and the Export Permit Regulations.

4. If the Bidder is comprised of two or more Persons, each Person that comprises the Bidder must also meet the requirements set out in section 2. Prior to contract award, the successful Bidder and each Person comprising that Bidder must hold a valid organization security clearance as required in Part 7 (Resulting Contract Clauses) or an equivalent security requirement from a country that has an arrangement referred to in section 2(b) above.

5. Each Bidder should, in its bid: (a) Submit detailed information on its organizational structure, including the jurisdiction(s) in which any parent of the Bidder is organized, and in which the headquarters of the Bidder and any parent of the Bidder is located; and (b) Identify all Persons having Control of each Bidder, its parent(s) and any other affiliate in the corporate chain between the Bidder and its parent(s), including the country in which the Person having Control is domiciled.

6. (a) A Bidder must immediately notify PWGSC of any changes to the information that, pursuant to section 5, is required to be included in its bid.

(b) The successful Bidder will be required, during the term of the Contract, to immediately notify PWGSC of any changes to the information that, pursuant to section 5, it was required to include in its bid. Canada may, in its absolute discretion, terminate the Contract if it determines that the successful Bidder no longer meets the requirements of section 2 or section 7.

7. All Bidders meeting the requirements in section 2 will be subject to pursuant to Canada's nuclear safety, non-proliferation and security considerations. Canada may, in its absolute discretion, consider and determine whether the Bidder is eligible to continue to participate in the RFP process. Should the review of a Bidder raise national security concerns, PWGSC will notify that Bidder that it will not be permitted to participate in the RFP process, and any Bid submitted by that Bidder will not be accepted.

8. For the purposes of this clause only: (a) "Control" means with respect to a Person (i) any other Person, or one or more other Persons acting jointly or in concert, having beneficial ownership (whether directly or indirectly) of more than 20 percent of the shares or ownership interests of the first Person, or (ii) having the power to elect a majority of the directors of a Person that is a corporation or otherwise control the decisions made by or on behalf of that Person; (b) "domiciled" means: (i) with respect to a Bidder, the country in which the Bidder and any parent of the Bidder is legally organized and (ii) with respect to any Person that Controls the Bidder, (a) the country in which that Person is legally organized, or (b) if an individual, the country in which that Person is resident. (c) "Person" means any individual, corporation, partnership, firm, joint venture, syndicate, association, trust, governmental authority or other form of legal entity.

Procurement Business Number

In order to do business with the Federal Government, the Bidder must be registered with Buyandsell.gc.ca (formerly Contracts Canada) and obtain a Procurement Business Number (PBN). For that purpose, they need to call the Info Line 1-800-811-1148 for general inquiries regarding Buyandsell.gc.ca and federal government procurement practices and activities.

CONTRACTING AUTHORITY

Pierre Rocan Supply Specialist Professional Services Procurement Directorate Acquistions Branch Public Works and Government Services Canada Tel: 819-956-1374 Email: pierre.rocan@tpsgc-pwgsc.gc.ca

Delivery Date: Above-mentioned

The Crown retains the right to negotiate with suppliers on any procurement.

Documents may be submitted in either official language of Canada.