Purchase of Market Sales Data and Item Rankings

HEALTH CANADA ADVANCE CONTRACT AWARD NOTICE

TITLE: Purchase of Market Sales Data and Item Rankings

SOLICITATION NUMBER: 1000168811

1. The purpose and explanation of an ACAN

An Advance Contract Award Notice (ACAN) allows Health Canada contracting authorities to post a notice on MERX, for no less than fifteen (15) calendar days, indicating to the supplier community that a good, service or construction contract will be awarded 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.

2. Rights of suppliers

Suppliers who believe that they are fully qualified and available to provide the services or goods described in this ACAN may submit a Statement of Capabilities clearly demonstrating how they meet the advertised requirement. This Statement of Capabilities must be provided via e-mail only to the contact person identified in Section 12 of the Notice on or before the closing date and time of the Notice. If there is a reasonable level of evidence regarding capability, the requirements will be opened to electronic or traditional bidding processes.

3. Proposed Contractor

ACNielsen Company of Canada 160 McNabb Street Markham, Ontario L3R 4B8

4. Definition of Requirements or Expected Results

In 2015, Statistics Canada will be collecting detailed data on the consumption of foods and dietary supplements among a representative sample of Canadians at national and provincial levels. This data is used to estimate the distribution of usual dietary intake in terms of nutrients from foods, food groups, dietary supplements and eating patterns. Health Canada provides Statistics Canada with a food and recipe database to appropriately code foods reported into nutrients. In order to deliver on that commitment, Health Canada requires Nielsen retail sales and market share data to assess volume of sale of multiple foods to create food composites that reflect the Canadian market at a time as close as possible to the data collection period in order to deliver an update the food and recipe database. The market share information will also be used to inform policy-makers of estimate differences in sales patterns in the market and will equally be useful in informing decision making related to other food matters at Health Canada, like the foods at the food-NHP interface that have transitioned to the food regulatory system, and the monitoring of sodium intake of Canadians.

5. Minimum requirements

Any interested supplier must demonstrate by way of a Statement of Capabilities that it meets the following minimum requirements:

The Bureau of Food Surveillance and Science Integration requires national retail sales data and item rankings for grocery food items in select food categories, including:

Major Department Category Name and Examples REFRIG/DAIRY JUICES & DRINKS - REFRIGERATED SNACK COOKIES PREPARED FOODS RTE CEREALS HOT BEVERAGES COFFEE - SUBSTITUTE COLD BEVERAGES EXTREME ENERGY DRINKS FROZEN FOODS BAKED DESSERTS - FROZEN

The Bureau of Food Surveillance and Science Integration require national retail sales data and item rankings for grocery food items in select food categories. For the purpose of this initiative, Health Canada requires the following information.

• 52 week sales volumes and values for all prepackaged, name brand grocery food items (ending December 13, 2014);

• Complete product description of each item linked to the product category to which it belongs;

• National only, category item rankings for all prepackaged and national brand items on file

• Channels; National all channels (GB+DR+MM+GM+WC), category item rankings for all prepackaged, national brand items on file;

• Sales in dollars and tonnage of all name-brand items in the ranking along with the value and volume of the total 100% category;

• Total value of all Control Label items in category shared to the 100% category for which national brand item ranking is provided;

• For each 100% category, a separate listing of the Control Label items in the category, in relative order of sales importance, with the understanding that no sales data of any sort will be provided for these Control Label items.

The above information is required for at least 282 food and non-food categories.

With each category item-ranking, the following information must be provided.

• Universal Product Code (UPC) and full item description of the product linked to that UPC. (At a minimum, the description includes the product brand name, flavour and/or package size);

• Name of the product’s manufacturer or distributor;

• Value and volume (in equiv. kilos) of retail sales generated during the latest 52 weeks timeframe, along with the item’s share of sales to the 100% of each category’s sales totals;

• The size (sales value and volume) of the total category, representing 100% of category sales;

• The aggregate sales value and volume of all Control Label (i.e., store brand) items in the category;

• An indication of year-over-year change in the sales value and volume for each 100% category total, for the total of Control Label items in each category and for each individual name-brand item in each category;

• The average 4-weekly all-commodity distribution of each item listed in the ranking;

• The average retail unit price for each item listed in the ranking;

• For each 100% category, a separate listing of the Control Label items in the category, with the caveat that no sales data of any sort will be provided for these Control Label items. Provide total category rankings only and do not provide rankings within segments;

• For extreme energy drinks and flat water category, the all channel definition will include the Gas & Convenience Banners Channel

Deliverables: All sales data and category item rankings will be supplied in statistical tables in Microsoft Excel. The information will be delivered electronically via email or on CD.

6. Reason for non-competitive award

Section 6 of the Government Contracts Regulations contains four exceptions that permit the contracting authority to set aside the requirement to solicit bids. These are:

(d) Only One Person or Firm is capable of performing the contract.

10.2.5 Exception (d) sets competitive bidding aside when only one person or firm can do the job. This exception is quite definitive and should be invoked only where patent or copyright requirements, or technical compatibility factors and technological expertise suggest that only one contractor exists. This exception should not be invoked simply because a proposed contractor is the only one known to management.

7. Applicable trade agreements and justification for limited tendering

This contract is subject to the following trade agreements

North American Free Trade Agreement (NAFTA), Article 1016.2 (b) and AIT, Article 506.12 (b).

Article 1016.2(b) of NAFTA and Article 506.12 (b) of the AIT allows contracts to be directed to a particular firm when the products or services can be supplied only by a particular supplier and no reasonable alternative or substitute exists.

8. Ownership of Intellectual Property

Contractor to own Copyright

9. Period of the proposed contract

The period of the proposed contract is from the date of contract award to March 27th 2015.

10. Estimated value of the proposed contract

The total estimated value of the proposed contract, from Date of Contract Award to March 27th 2015, shall not exceed $499,177.50, including all applicable taxes.

11. Closing date and time

The closing date and time for accepting Statements of Capabilities is January 30th 2015. 2:00 PM EST.

12. Contact Person

All inquiries with regard to this Notice must be addressed by e-mail to

Name: Randy S. Brown E-Mail: randy.s.brown@hc-sc.gc.ca