Competition Bureau Advocacy Matter

INDUSTRY CANADA

ADVANCE CONTRACT AWARD NOTICE (ACAN) An Advance Contract Award Notice (ACAN) allows departments and agencies to post a notice, for no less than fifteen 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, during the fifteen calendar day posting period, a statement of capabilities that meet the requirements set out in the ACAN, the competitive requirements of the government's contracting policy have been met. Following notification to suppliers not successful in demonstrating that their statement of capabilities meets the requirements set out in the ACAN, the contract may then be awarded using the Treasury Board's electronic bidding authorities.

If other potential suppliers submit statements of capabilities during the fifteen calendar day posting period, and meet the requirements set out in the ACAN, the department or agency must proceed to a full tendering process on either the government's electronic tendering service or through traditional means, in order to award the contract.

Contracting Officer Name: Christine D’Aoust Telephone Number: (819) 953-5200 Facsimile: (819) 994-7588 E-mail: christine.daoust@cb-bc.gc.ca

DESCRIPTIVE TITLE

Competition Bureau Advocacy Matter

BACKGROUND

The purpose of this project is to purchase market data from Nielsen Company. Specifically, Nielsen Company will provide, to the Competition Bureau, data that will be used by the Competition Bureau as part of an economic analysis into the functioning of a market for a certain consumer good in Quebec, for the purpose of an ongoing matter pursuant to the Competition Act.

REQUIREMENTS/RESULTS

Nielsen Company will provide weekly data for the last three years (2011-2013) that describe the number of units, and revenue amounts, of certain items sold through grocery and convenience stores located in Quebec. Under this purchase agreement, the Competition Bureau will obtain and be able to use these data (and related software) for purposes related to the enforcement and administration of the Competition Act.

IDENTIFICATION OF CONTRACTOR

Name of Contractor: Nielsen (Dave Smart) Address: 160 McNabb Street City: Markham Province: Ontario Postal Code: L3R 4B8

REASON FOR AWARDING CONTRACT TO THIS CONTRACTOR

Only one firm is capable of performing the work.

Nielsen has exclusive distribution agreements with the retailers who can provide the relevant data; therefore, we believe there are no other sources for these data.

ESTIMATED COST

The total amount of the contract is estimated to be $100,000, including taxes.

APPLICABLE TRADE AGREEMENTS AND APPLICABLE LIMITED TENDERING REASONS

The North American Free Trade Agreement (NAFTA) and the Agreement on Internal Trade (AIT), (T.B. 10.2.8(b)) are applicable. With the absence of competition for technical reasons and that the services can only be supplied by Company Nielsen and no reasonable alternative or substitute exists is the basis for the limited tendering.

- World Trade Organization – Agreement on Government Procurement (WTO-AGP) - Canada-Chile Free Trade Agreement (CCFTA) - Canada-Colombia Free Trade Agreement

CLOSING DATE AND TIME FOR WRITTEN SUPPLIER RESPONSES CHALLENGING THIS REQUIREMENT IS 2:00 P.M, EASTERN TIME, MARCH 6th, 2014.

You are hereby notified that the government intends to solicit a bid and negotiate with the firm identified above.

If you wish to submit a written response showing that you are capable of meeting this requirement, it must be done not later than the closing date and time. As it is intended to proceed in a timely manner, responses received after the closing date will not be considered. The Crown reserves the right not to open this procurement to competition.

Responses received on or before the closing date will be considered solely for the purpose of deciding whether or not to conduct a competitive procurement. Information provided will be used by the Crown for technical evaluation purposes only and is not to be construed as a competitive solicitation. Your written response must provide sufficient evidence (e.g. specifications, technical data, drawings, or any other proof) that clearly demonstrates that your product or service is capable of fulfilling this requirement.

Suppliers that have submitted a response will be notified in writing of Industry Canada's decision to continue with the non-competitive procurement or to compete the requirement.

Should you have any questions concerning this requirement, contact the contracting officer identified above. The Industry 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.