BELL HELICOPTER FACTORY DIRECT PARTS

Trade Agreement: WTO-AGP/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: Bell Helicopter Textron Canada Limited 12 800 rue de l'Avenir Mirabel Quebec Canada J7J1R4 Nature of Requirements: 1. FACTORY DIRECT BELL PARTS - ACAN Offeror is to supply new factory direct Bell Helicopter parts, components and ground support equipment for Bell type helicopters operated by the Department of Transport such as those found on Bell 206B, 206L, 206L1, 212 and 407 helicopters but not limited to, on an as and when requested basis, for a three year period with the possibility of a two year extension.

The following are mandatory requirements: M1 - The Offeror must be an authorized distributor of Genuine Bell Helicopter Parts.

M2 - Airworthiness certificates must accompany each unit as laid out by the Canadian Aviation Regulations (CAR 571).

M3 - The offeror must sell/provide only parts that are approved by and listed in the maintenance/parts manuals and service bulletins that have been produced by the Original Equipment Manufacturer (OEM), or the original parts manufacturer.

M4- Unless otherwise approved by the Technical Authority, material must be new and conform to the latest issue of the applicable drawing, specification or part number that is in effect on the requested service date.

M5 - The Offeror must have a significant inventory of Bell Helicopter shelf stock parts (defined as having 2000 different SKU (stock keeping unit) items or more of Bell Helicopter shelf stock parts).

M6 - The Offeror must have the ability to process Aircraft On Ground orders within 4 hours.

M7 - Offerors must make reasonable effort to review warranty claims and provide sound reasoning for warranty denial.

2. GOVERNMENT CONTRACTS REGULATIONS (GCR) EXCEPTION AND LIMITED TENDERING REASON, IF APPLICABLE: GCR Part 1, Section 6 d) only one supplier (person or firm) is capable of performing the contract.

3. BACKGROUND AND JUSTIFICATION The proposed vendor is the OEM which holds all rights to the intellectual property of Bell Helicopter specified parts. Public Works and Government Services Canada (PWGSC) intends to solicit an proposal and negotiate a Standing Offer with Bell Helicopter in Mirabel, Quebec.

4. THE FOLLOWING LIMITED TENDERING REASONS PERTAIN TO THIS REQUIREMENT.

WTO-AGP - ARTICLE XV 1a) protection of exclusive rights, such as patents or copyrights, or in the absence of competition for technical reasons, the products or services can be supplied only by a particular supplier and no reasonable alternative or substitute exists.

AIT - ARTICLE 506 12. Where only one supplier is able to meet the requirements of a procurement, an entity may use procurement procedures that are different from those described in paragraphs 1 through 10 in the following circumstances: (b) 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.

NAFTA - ARTICLE 1016 2. An entity may use limited tendering procedures in the following circumstances and subject to the following conditions, as applicable: (b) 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.

FTA PERU - ARTICLE 1409: LIMITED TENDERING 1. (b) where the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist for any of the following reasons: (ii) the protection of patents, copyrights or other exclusive rights.

FTA COLUMBIA - ARTICLE 1409: LIMITED TENDERING 1. (b) where the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist for any of the following reasons: (ii) the protection of patents, copyrights or other exclusive rights.

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.