HEALTH AND SAFETY TRAINING

Trade Agreement: NAFTA/AIT/Canada FTAs with Peru/Colombia/Panama Tendering Procedures: Generally only one firm has been invited to bid Attachment: None Non-Competitive Procurement Strategy: Exclusive Rights Comprehensive Land Claim Agreement: No Vendor Name and Address: Infrastructure Health and Safety Association 5110 Creekbank Road Suite 200 Mississauga Ontario Canada L4W0A1 Nature of Requirements: The Government Electronic Tendering Service on Buyandsell.gc.ca/tenders is the sole authoritative source for Government of Canada tenders that are subject to trade agreements or subject to departmental policies that require public advertising of tenders.

Suzy Bouchard, Contracting Authority Suzy.bouchard@tpsgc-pwgsc.gc.ca

REQUIREMENT: Public Works and Government Services Canada (PWGSC) intends to enter into a sole source contract with Infrastructure Health & Safety Association (IHSA), a not-for profit association part of Health and Safety Ontario for the delivery of the following courses: Working at heights Trenching Awareness Traffic Control Temporary Work Zones Hoisting and Rigging Basic Awareness Propane in Construction Lift Truck Certification Training is a fundamental component of the Departmental Safety and Health Management Program. The Canada Labour Code, Part II and the Treasury Board Occupational Safety and Health Policy require that Public Works and Government Services Canada provide the necessary information, instruction, training and supervision to ensure the safety and health of employees at work. A systematic approach to safety and health training, structured to meet legislated requirements, will ensure that training is delivered using recognized and approved methods, and is provided in an organized and timely manner. The training programs should be accredited or recognized by provincial associations, as per PWGSC departmental policy 073- Occupational Health and Safety-Construction. Participation in recognized occupational health and safety training is mandatory for all employees whose duties require them to manage construction projects, manage construction contracts, prepare project plans and specifications, or attend construction project sites. The Contractor must grant to Canada a non-exclusive, perpetual, irrevocable and royalty-free right to translate for government use all or any part of the course manuals and any relevant material used and supplied with the course delivered under the Contract.

REASONS FOR SINGLE TENDERING

1. The Contractor must have the ability and the capacity to offer the required training to PWGSC employees. The Contractor must be able to provide at least 10 classes between Contract award and March 31, 2014 for an approximate total of 33 course deliveries by December 2014. 2. All the courses offered must be recognized by Ontario and Québec provincial associations.

Section 6 of the Government Contract Regulations is being invoked in this procurement as only one person or firm is capable of performing the contract.

Annex 4.4 articles 506.12(a) and 506.12(b) of AIT are applicable on the basis of limited tendering due to compatibility with existing products, to recognize exclusive rights, such as exclusive licenses, copyright and patent rights, or to maintain specialized products that must be maintained by the manufacturer or its representative, and where there is an absence of competition for technical reasons and the goods or services can be supplied only by a particular supplier and no alternative or substitute exists, respectively.

Articles 1016.2(b) and 1016.2(d) of NAFTA are applicable on the basis of limited tendering due to reasons where, for works of art, or for reasons connected with the protection of patents, copyrights or other exclusive rights, or proprietary information or where there is an absence of competition for technical reasons, the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute exists, for additional deliveries by the original supplier that are intended either as replacement parts or continuing services for existing supplies, services or installations, or as the extension of existing supplies, services or installations, where a change of supplier would compel the entity to procure equipment or services not meeting requirements of inter changeability with already existing equipment or services, including software to the extent that the initial procurement of the software was covered by this Chapter, respectively.

PERIOD OF CONTRACT

From Contract Award to December 31, 2014.

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.