POR - Retail tobacco and vaping data

Trade Agreement: Canadian Free Trade Agreement (CFTA) Tendering Procedures: All interested suppliers may submit a bid Non-Competitive Procurement Strategy: Exceptional Circumstances Under Article 508 (1) of AIT Comprehensive Land Claim Agreement: No Vendor Name and Address: ACNielsen Company of Canada 160 McNabb Street Markham Ontario Canada L3R4B8 Nature of Requirements:

POR - Retail tobacco and vaping data

H4133-202552/A Brad, Giulia Telephone No. - 613-293-8534

Line 1, POR - Other

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, services or construction 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

Health Canada (HC) has a requirement to obtain the services of a Contractor to undertake the collection and analysis of various data so that the Business Intelligence Division (BID) of the Tobacco Control Directorate (TCD) can assess the market prices in Canada of tobacco and vaping products. 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 it meets the following requirements: Mandatory Requirements (For M1, M2, M3)

a) Name of the client organization (to whom the services were provided); b) A brief description of the type and scope of services provided by the Bidder; c) The dates and duration of the project (indicating the years/months of engagement and the start and end dates of the work); and d) The name and telephone number or e-mail address (or both, if available) of the client Project Authority to whom the Bidder reported.

M.1 Contractor must have experience in retail sales data collection and must be able to list at least three previous contracts delivered in the last five years in Canada that involve the collection of retail sales data that shows detailed line-by-line data including brand, price, volume of product sold. Data must be a large enough sample to project to national universe as well as sub-regions that must include Ontario, Quebec, the Maritimes, Alberta, British Columbia and the Prairies. Contracts listed in M.2 may be used for M.1.

M.2 Contractor must have experience in retail sales collection for tobacco products including cigarettes, cigars and smokeless tobacco. Contractor must be able to list two previous contracts delivered in the last five years in Canada that involve the collection of retail sales data for tobacco products that shows detailed line-by-line data including brand, price, volume of product sold. Data must be a large enough sample to project to national universe as well as sub-regions that must include Ontario, Quebec, the Maritimes, Alberta, British Columbia and the Prairies. Contracts listed in M.1. may be used for M.2.

M.3 Contractor must have experience in retail sales collection for vaping (electronic cigarette) products. Contractor must be able to list at least one previous contract delivered in the last three years in Canada that involves the collection of retail sales data for vaping products that shows detailed line-by-line data including brand, price, volume of product sold. Data must be a large enough sample to project to national universe (not including vape specialty stores) as well as sub-regions that must include Ontario, Quebec, the Maritimes, Alberta, British Columbia and the Prairies. Contracts listed in M.1. may be used for M.3.

M.4 Contractor must be able produce a 6 month (4-week total) segment of 2020 tobacco products retail sales data including cigarettes, cigars and smokeless tobacco. Data collected must shows detailed line-by-line data including brand, price, volume of product sold. Data must be a large enough sample (minimum 20% of national total) to project to national universe as well as sub-regions that must include Ontario, Quebec, the Maritimes, Alberta, British Columbia and the Prairies. Data collected must be from the Gas and Convenience store channel and contractor must have established relationships with at least five corporate retail stores for the purpose of collecting point-of-sale data. The contractor must be able to repeat this data set for three additional years (2021, 2022, 2023).

M.5. Contractor must be able produce monthly vaping products retail sales data. Data collected must be back-dated to January 2020 and must show detailed line-by-line data including brand, price, volume of product sold. Data must be a large enough sample (minimum 20% of national total) to project to national universe as well as sub-regions that must include Ontario, Quebec, the Maritimes, Alberta, British Columbia and the Prairies. Data collected must be from the Gas and Convenience store channel, Mass Merchandiser channel, Grocery store channel and Drugstore channel. The contractor must have established relationships with at least five corporate retail stores for the purpose of collecting point-of-sale data. The contractor must be able to repeat this data set for three additional years (2021, 2022, 2023).

4. Applicability of the trade agreement(s) to the procurement

This procurement is subject to the following trade agreement(s): o Canadian Free Trade Agreement (CFTA)

5. Justification for the Pre-Identified Supplier The only known supplier for services such as the collection and analysis of various data so that the Business Intelligence Division (BID) of the Tobacco Control Directorate (TCD) can assess the market prices in Canada of tobacco and vaping products is ACNielsen Company of Canada due to ownership of IP for its services. Its services are defined by information services, software services and reference services.

6. Government Contracts Regulations Exception(s) 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 o Canadian Free Trade Agreement (CFTA) - Article 513.1(b) iii

8. Ownership of 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 The proposed contract is for a period of 1 year, from August 2020 to August 2021 with an option to extend the contract period, by three one-year periods.

10. Name and address of the pre-identified supplier

The Nielsen Company of Canada 160 McNabb Street Markham Ontario L3R 4B8

11. 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.

12. Closing date for a submission of a statement of capabilities

The closing date and time for accepting statements of capabilities is September 18th 2020 at 2pm EST.

13. Inquiries and submission of statements of capabilities Inquiries and statements of capabilities are to be directed to:

Giulia Brad

Title: Intern Officer Public Works and Government Services Canada Acquisitions Branch Directorate: Communications Procurement Directorate Address: 360 Albert, Ottawa, Ontario;

Telephone: (613-293-8534) E-mail: Giulia.Brad@tpsgc-pwgsc.gc.ca

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.