Trade Agreement: WTO-AGP/NAFTA/AIT/Canada FTAs with Peru/Colombia/Panama Tendering Procedures: Attachment: None Non-Competitive Procurement Strategy: Exclusive Rights Comprehensive Land Claim Agreement: No Vendor Name and Address: OCLC Online Computer Library Center Inc 9955 Avenue de Catania Suite 135 Brossard Quebec Canada J4Z3V5 Nature of Requirements: 5Z011-140422/A Conn-Harbinson, Margo Telephone No. - (819) 956-1114 Fax No. - (819) 953-3703
Advance Contract Award Notice for LAC Library Access and Web-enabled Services
1. Purpose of an 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 requirement
The mandate of Library and Archives Canada (LAC), as outlined in the Preamble to the Library and Archives of Canada Act, is:
to preserve the documentary heritage of Canada for the benefit of present and future generations; to be a source of enduring knowledge accessible to all, contributing to the cultural, social and economic advancement of Canada as a free and democratic society; to facilitate in Canada co-operation among communities involved in the acquisition, preservation and diffusion of knowledge; to serve as the continuing memory of the Government of Canada and its institutions.
The collection held by LAC is the shared documentary heritage of all Canadians. It has been built over many years, and brings together the collections of the former National Archives of Canada (established in 1872) and the former National Library of Canada (established in 1953). This heritage includes publications, archival records, sound and audio-visual materials, photographs, artworks, and electronic documents. It is a component of LAC's mandate to provide equal and parallel access in both English and French to its holdings.
In its 2013 Report on Plans and Priorities, LAC announced its plans to implement a new digital service model. Accordingly, LAC seeks to improve its offerings in the field of digital access. LAC's objective in undertaking this change is to position the organization to address the formidable challenge of providing Canadians with open access to their documentary heritage, including the growing digital component.
LAC is also in the process of completing a Collection Storage Facility in Gatineau, Québec, Canada which will feature a high-density shelving system with a suitable environment to better protect Canada's analogue information resources.
Through this ACAN process LAC is seeking to contract with a qualified Service Provider to utilize its externally hosted web-available 21st century system (or systems) and related services. This will encompass LAC's National Union Catalogue (NUC) management services and access functionality (including the loading and management of data), LAC collection management functions (acquisition, description, public and remote catalogue access and circulation control and storage management which may involve building linkages to LAC internal systems and will require the provision of a bilingual "skin" with Canadian branding (in compliance with TBS standards for the design of Government of Canada websites) on any public interface(s)), to enable LAC to continue its ongoing commitment to resource sharing in Canada.
LAC manages its Library operations using a legacy system that was developed in-house by LAC, called AMICUS. AMICUS is managed by a combination of staff from business areas of Library and Archives Canada as well as the Innovation and Chief Information Officer Branch (ICIOB). Another LAC legacy system called MIKAN was also built in-house using a similar data model as AMICUS to address the discovery of archival materials.
Data within AMICUS is stored in a relational database management system, and consists of data elements based on/found in a variety of formats including MARC (i.e. Machine-readable Cataloguing - ANSI/NISO Z39.2):
- bibliographic and authority data in MARC;
- holdings information; and
- other data (e.g. Acquisitions, serials control etc.).
AMICUS is compatible with the ANSI / NISO (American National Standards Institute / National Information Standards Organization) Z39.50 standard and has been established as a target server searchable by remote clients. AMICUS Web also offers freely available search capability through a public web-based interface.
AMICUS is used by LAC for Acquisitions, Cataloguing, Serials control, Circulation and other functions, such as the online catalogue (Amicus Web), as well as for National Union Catalogue activities. AMICUS is the primary agent for delivering to users, in an automated exchange format, bibliographic records which may contain links to digital objects, sound or video recordings (although the digital objects themselves are stored apart from AMICUS, on LAC servers or servers of other institutions).
AMICUS is the primary vehicle for compiling the national bibliography (Canadiana) and for researchers, scholars and ordinary Canadians to gain access to LAC's collection of published Canadiana and non-Canadiana.
Canadian and foreign libraries, booksellers and others obtain cost savings in the order of $7 million per year by re-using bibliographic records for Canadian and foreign publications from AMICUS in their catalogues or to support their library or business operations.
Federated Searching of LAC Holdings
Launched in March 2006, "Search All" is a publically available web-based federated search engine that provides an integrated searching capability for LAC primary resources, AMICUS (library catalogue), and MIKAN (archival descriptions), including the following discretely searchable components:
- Library Search (which searches published materials held at LAC or libraries across Canada. This is an alternative public search interface to AMICUS Web, which is described above);
- Archives Search (which searches descriptions of LAC's archival holdings held in MIKAN)
- Image Search (which searches for digital images of archival material such as photographs, art, maps and textual material which are described in MIKAN);
- Ancestors Search (provides searching capability by a person's name across several of LAC's genealogical databases).
Currently AMICUS MARC21 descriptive metadata elements are converted into Metadata Object Description Schema (MODS)-lite XML format for use by the K2-Autonomy Federated Search engine. However, as LAC is in the process of planning a replacement for this internal Federated Search tool (currently slated for 2016) these data formats and means of data exchange between systems may also be subject to change.
Digitization, Lender of Last Resort and Last Copy Network
Library and Archives Canada (LAC) ended its interlibrary loan (ILL) program in December 2012. The majority of LAC's ILL requests have been for archival materials on microfilm. Accordingly, LAC plans to make this high - demand content accessible online through an ongoing, aggressive, digitization agenda. In order to make this popular content more discoverable and accessible, LAC is also looking at new approaches to linking the digital images directly to online descriptions to facilitate access.
Despite having ceased to offer its ILL program, LAC remains committed to maintaining access to its holdings. In November 2013, LAC established new lending processes based on a "lender of last resort" (LLR) approach and provides access through a variety of means to materials for which LAC is the only holding institution. No systems development is required to support this staff driven activity.
LAC is also participating in the development of a "Last Copy Network". This proposed Canadian network will allow each participating institution to declare all or part of its holdings "last copy" and thus commit to managing these holdings for preservation and access on the basis of agreed 'last copy' principles. Ideally there will be several copies preserved throughout the network. Therefore it is anticipated that LAC will require functionality to "flag" or otherwise identify non-unique holdings at various institutions that have been identified as "last copy", as well as the ability for institutions to search for and identify whether a given title is managed as last copy at another institution.
National Union Catalogue
Section 8(1)(c) of the Library and Archives Canada Act provides LAC with the authority to "compile and maintain information resources such as a national bibliography and a national union catalogue".
A union catalogue is an awareness tool to help users and library staff identify materials from a broader range of sources than a single library and to identify specialized and rare items such as manuscripts and other primary sources. It is an accumulation of bibliographic records and holdings data from multiple reporting libraries for the purposes of assisting in the identification of resources. Citations from the database may be used in other systems to initiate lending or document-delivery processes. The database model of a union catalogue typically allows one bibliographic record per title, per format, with multiple holdings statements attached. Contributing libraries submit batches of bibliographic records and holdings data extracted from their local catalogues. The incoming bibliographic data is scanned for matches against the existing data. Algorithms determine whether an incoming bibliographic record will be entered into the database as a new discrete record, or whether portions of it will be used to enhance an existing record. The holdings data includes symbols or codes identifying the holding institution, local identifiers, e.g. barcodes or call numbers, and in the case of serials, summaries of numerical and chronological coverage of the local holdings, as well as a code indicating whether this material is available for interlibrary loan. A union catalogue provides search functionality similar to library catalogues, but not acquisition, or circulation functionality.
LAC's national implementation of a union catalogue (the National Union Catalogue or NUC) is a comprehensive collection (i.e. single database) that contains information describing the published materials held at LAC and libraries across Canada. The NUC contains bibliographic descriptions of resources in all subject areas and in all formats.
The NUC currently maintains the contributed holdings of 774 Canadian libraries, representing 28.5 million MARC21 descriptions (bibliographic and related information in machine-readable form) and 64.6 million units of discrete holdings data as of May 2013. Of these holding, 50% or 388 libraries are considered current (i.e. reported within the last 2.5 years) and contributors come from all 10 provinces, and all three territories.
As a component of AMICUS, the National Union Catalogue is searchable through a Web interface and the Z39.50 server to facilitate the operations of Canadian libraries such as interlibrary loan, cooperative cataloguing, reference, resource sharing and collection development. AMICUS as a whole (including the NUC) supports 1.5 million web searches and 16 million Z39.50 connections annually. These searches and connections underscore the importance of the NUC and AMICUS as a whole, for Canadians.
Library symbols are precise, standardized, shorthand identifiers that are useful for automated inter-lending communications and processing, as well as union lists, bibliographies and local and regional networks. Currently, LAC maintains the Directory of Library Symbols and Interlibrary Loan Policies in Canada and assigns library symbols to new libraries upon request. The Canadian Library Directory is a key component of LAC's NUC for resource sharing in Canada as it decodes Canadian library symbols and provides information on local inter-library loan policies. However, going forward a decision has been made to make use of the Service Provider's Library Directory service offering to reduce duplication of effort and cost to LAC.
LAC has acted as a repository for electronic theses metadata since 2003 in order to provide access to this valuable research within Canada and throughout the world. Theses are collected from Canadian universities in a format called Open Archives Initiative Protocol for Metadata Harvesting (OAI-PMH), which uses XML over Http. LAC also plans to expand on its ability to ingest digital publications and metadata in ONIX (ONline Information eXchange, a publishing standard) format. Therefore it is anticipated that the Service Provider will automatically ingest metadata in both ONIX and OAI-PMH formats to support this function.
Services and Supports
Data Migration and Population of Supplier Databases/Tools
Currently, staff and users access the single LAC AMICUS database for Acquisitions, Cataloguing, Circulation, OPAC (the public access interface) and Serials Control activities, and for NUC activities; however they are presented with distinct "views" of the data depending on their work (i.e. different data elements, access points, etc.). From the existing AMICUS database: LAC will extract and provide to the Service Provider the LAC Collections database, which includes cataloguing, holdings, acquisitions, serials control, and authority data for ongoing and historical cataloguing, acquisitions and serials control functions.
LAC will extract and provide a second set of data to create the NUC database containing bibliographic records and holdings data for all of the NUC contributors.
The LAC holdings data will be migrated separately with the LAC Collection, so LAC holdings information in the current NUC does not need to be migrated again. Authority data is not included in the NUC migration.
The Service Provider will use the two datasets provided by LAC, to build the future LAC and NUC databases, applying all necessary data conversions. LAC will inform the vendor of known issues that they may wish to address during the migration process in order to conform to their data standards.
Once populated with the NUC dataset, the Service Provider's externally hosted solution will replace the existing LAC implementation of the NUC for all public access and library contribution and data sharing functions.
NUC Support Services
The LAC team maintaining the NUC has a long tradition of providing client engagement services, quality control services, and encouraging contributors to comply with data quality standards. It is anticipated that the Service Provider will provide services and/or operate internal systems that will: engage with contributing clients and encourage renewal of lapsed contributors; assess input files from contributing libraries and where necessary map and develop conversion specifications that comply with loading algorithms, and conduct quality control activities (e.g. analyse loading errors, correct errors, harmonize data and reduce or remove duplicate records).
Interconnectivity with LAC Systems
AMICUS is interconnected with other LAC electronic systems and any solution implemented to replace its internal use by LAC staff will need to be similarly linked to continue to support LAC's business processes.
For instance, at the present Acquisitions information held in AMICUS is communicated to LAC's integrated financial management system (i.e. the FreeBalance Accountability software suite) for accounting and payment purposes. As part of the replacement of the AMICUS system, finance information for Acquisitions will be stored in the Service Provider's externally hosted system, and will need to be regularly exported in a format compatible for use within LAC's financial management system.
Other LAC systems that interconnect with AMICUS include an internal physical management function (i.e. Content Management System-High Density Storage) that integrates with the AMICUS Circulation module, and Federated Search, a federated search tool that searches Library and Archives holdings using XML data extracted from both AMICUS and MIKAN, along with dozens of discrete databases.
As part of its service offering, it is anticipated that the Service Provider will allow a linkage from LAC's Content Management System-High Density Storage to the Service Provider's Circulation system, to support the retrieval of holdings in these facilities. The Content Management System functionality to identify and track where material is physically stored is common to both AMICUS and MIKAN systems, however the scope of the planned involvement by the Service Provider in supporting this feature is restricted to published material at this time, and will not include the governmental or archival material holdings stored in MIKAN.
Since LAC is planning to replace its internal Federated Search tool, as part of the implementation process to change its internal technologies, LAC will require that the Service Provider be willing and able to provide an extract of LAC's records to LAC on a periodic basis, in a format yet to be determined, to be used to populate its internal solution (which is currently envisioned as following a data warehouse model). This will facilitate federated searching and discovery of its collection.
While LAC currently hosts its growing collection of digital objects internally, on its own servers, in the future, LAC may consider utilizing the Service Provider to host some or all of its digital objects, after undertaking further assessment of factors such as storage costs and impact on speed of access to the items within the collection.
It is further anticipated that the Service Provider will provide services and/or operate internal systems that will support the Last Copy Network.
However, there are security and privacy concerns stemming from the planned changes to LAC business processes and the IT systems used to support these processes. Accordingly, prior to contract award, the selected Service Provider will be required to work cooperatively with LAC and Public Works and Government Services Canada's Industrial Security Program (PWGSC ISP) to complete elements of a Security Requirements Check List (SRCL) and a Threat Risk Assessment (including a Statement of Sensitivity) of the Service Provider's IT systems and any planned connection points with LAC internal systems and its facilities used to perform the work. In addition the Service Provider will need to undertake to complete a Preliminary Privacy Impact Assessment (PPIA) and if required (based on the outcomes of the PPIA) a Privacy Impact Assessment (PIA), in order to evaluate privacy, confidentiality or security risks associated with the collection, use or disclosure of personal information through the Service Provider's IT systems.
3. Criteria for assessment of the Statement of Capabilities
Minimum Essential Requirements
Any interested Service Provider must demonstrate by way of a Statement of Capabilities that its service offerings and supporting web accessible systems meet all of LAC's requirements.
Therefore a Respondent MUST provide evidence that it meets the following requirements:
- The Service Provider must have at least one (1) Canadian office location from which to provide services in relation to this work. Note that P.O. Boxes will not be considered as valid postal addresses of service delivery.
- The Service Provider, including EACH member of any consortium, joint venture or other type of association that forms a part of the entity, must be able to demonstrate that it is financially solvent and financially capable to undertake the resulting work and to perform such work and to undertake any necessary expenditures without anticipated financial difficulties.
- The Service Provider must demonstrate an established track record within the computer library service and research area for at least the past five (5) years (i.e. has delivered a similar set of services and products to its client, such as integrated library management systems and related client services).
- The Service Provider must offer client support services in both Official Languages (i.e. English and French).
- The Service Provider's public facing user interface (library catalogue) must be currently available in both English and French. The internal/administrative interfaces must be currently available at a minimum in English and must be in a format capable of being translated in a timely manner such that all user interfaces (including internal / administrative interfaces for LAC users) could be available in both Official Languages (English and French) within a period of six (6) months or less. Demonstration of the Service Provider offering its online solution to clients in languages other than English (e.g. Spanish, German, etc.) would be evidence that the interface can be translated in a relatively expeditious manner. All tools must create, display, store and print French language special characters / diacritics.
- For protection against accidental data loss, service disruption and for reasons of user privacy protection:
- The Service Provider must have multiple (i.e. more than two), redundant, secure locations for its data centres, at least one (1) of which must be in Canada;
- The Service Provider's online systems must be ISO 27001:2005 Information Security Management System (ISMS) certified.
- To demonstrate the necessary rigorous level of quality assurance inherent in the creation of records (e.g. to prevent duplication), the Service Provider's process and related library information management solution must be ISO 9001 certified. The Service Provider must demonstrate a strong continuing commitment to advancing new international standards and innovations in the field of library science and information sharing in alignment with LAC's mandate. Examples include BibFrame (the developing standard to replace MARC), approaches to Linked Open Data (LOD) and Functional Requirements for Bibliographic Records (FRBR).
- To acknowledge the various intellectual property claims associated with the records within a library catalogue database, based on the varying relationship(s) of the library with the supply source(s), the Service Provider must certify that it currently complies or will comply with the requirement for specific attribution of data source ownership for individual bibliographic records and any related digital objects included within its holdings, under any resultant Contract (as set out in detail in section 11 - Ownership of Intellectual Property) in accordance with the Open Data Commons Attribution (ODC-BY) license recommendations for attribution of data sources.
- The Service Provider's core service offering(s) must be available as a supplier-hosted, web-available version obtained through a Software-as-a-Service (SaaS) or similar delivery model for the provision of online, externally hosted solutions.
- The employ of any desktop client software / tools necessary to perform work must be limited to specialized tasks done by LAC's internal users and must not be required for the majority of access to the various functions offered by the Service Provider. Any such desktop client software / tools to be employed by LAC must be functional and installable on MS Windows operating systems (version 7.x or newer) at a minimum).
- Any internal, administrative or other-wise LAC-specific solution interfaces must function and display correctly when accessed via LAC's default web browser, Microsoft Internet Explorer (version 9.x and newer);
- All public interfaces of the Service Provider's online solution must function and display correctly when accessed via any of the following common web browsers:
- all Microsoft-supported versions of Microsoft Internet Explorer (i.e., 8.x or newer)
- Mozilla Firefox (versions 21.x or newer);
- Google Chrome (version C27 or newer) ;
- Apple Safari (version S5 or newer)>
- The Service Provider's online public interfaces must be currently compliant or be readily adaptable to comply with the current Treasury Board of Canada Standards on Web Accessibility (which are derived from the World Wide Web Consortium (W3C) Web Content Accessibility Guidelines (WCAG) version 2.0) in order to make online content accessible to a wider range of people with disabilities, through compatibility with assistive devices such as screen enlargers and screen readers. To demonstrate this compliance, or readiness to comply, the service provider will complete sections 1194.22, 1194.31 and 1194.41 of the Voluntary Product Accessibility Template (VPAT) and submit as part of the Statement of Capabilities. The VPAT is provided by the Information Technology Industry Council: http://www.itic.org/public-policy/accessibility.
- At the closing date of this ACAN, the system(s) underlying the Service Provider's offering must be in-production versions with client users and have an ongoing funded development and support investment behind them (i.e. not Pre-Alpha/Alpha/Beta/Release Candidate or other "in development" solution) that address ALL of the following functionality:
- Online union catalogue,
- cataloguing and authority control, including the provision of a Library Directory service;/li>
- Serials control;
- Interlibrary loan;
- Public and remote catalogue access and circulation control.
- The Service Provider must demonstrate the provision of national union catalogue services to two (2) clients, of a similar size and complexity as LAC's NUC (as described above with respect to size of user population, number of constituent libraries, size of the single database, etc.).
- The Service Provider must provide the names of two (2) client contact references, one for each identified client
- The Acquisitions, Cataloguing and Serials functions within the Service Provider's solution must be fully integrated so that data re-entry is minimized and once entered and saved, information is available in real time.
- The Service Provider's solution must support the tracking and recording of over 110,000 client records, to capture data on the many publishers / Service Providers / vendors / libraries / donors that transact with LAC To support LAC's varied acquisition activities, the Service Provider's solution must allow the addition of multiple financial codes to requisitions and invoices in order to comply with federal government financial legislation and accounting practices.
- The Service Provider's tool(s) must include the capability to set the fiscal year as April 1 to March 31.
- The Service Provider's solution must provide the ability to record all formats of material acquired by LAC, including but not limited to: books, serials, integrating resources, microforms, manuscripts, moving images, photographs, prints, drawings and paintings, music scores, maps and atlases, sound recordings, CD ROMs, computer software, online publications, and electronic files.
- The Service Provider's solution must be compatible with the following library data exchange and content standards at a minimum:
- Must fully support MARC21 format for bibliographic, authority and holdings data. This must include all fields for bibliographic and authority records, and the ability to define local fields and subfields as supported by MARC21.
- Must be ANSI/NISO standard Z39.50 compliant for searching and retrieving information using compatible client software or be compliant with the SRU/SRW (Search/Retrieve via URL or Search / Retrieve Web Service [now known as SRU VIA HTTP SOAP]) protocols;
- Must be capable of using the Resource Description and Access (RDA) standard within its records. The system must support import and/or export of records/data in industry-standard formats (ad hoc and batch), including ALL of the following, as specified below: Import and export of Bibliographic and Authority data in MARC-8 and Unicode (UTF-8) character encodings of MARC21; Import and export of Bibliographic data in MARC XML; Export of Acquisitions data in Comma Separated Values (CSV); Import of ONIX and OAI-PMH
- The Service Provider's solution must provide the ability for LAC users (with appropriate levels of authorization and system access) to generate informational reports detailing LAC's operational activities and usage of the solution (e.g. number of holdings added, number of requested titles, number of items checked out etc. within the user specified timeframes) to support the collection of usage metrics. Reports must be provided in a variety of common formats including HTML (i.e. available within the web browser interface) and as downloadable files in either Comma Separated Value (CSV) or MS Excel (.xls) format.
- For evidence of capacity to scale to accept the additional load from LAC's data holdings, the Service Provider's current service capacity should be significantly in excess of LAC's annual usage levels and therefore at a minimum: The online services must demonstrate usage levels of over 1.5 million direct web searches per year; The online services must demonstrate usage levels of over 16 million Z39.50 connections annually (for searching and retrieving MARC records, for cataloguing purposes).
- The Service Provider's solution must be capable of supporting up to 475 concurrent LAC internal interface users.
- The Service Provider's solution must provide storage capacity for at least 2.5TB of LAC and Union Catalogue data and the available option to expand as required over time.
4. Security Requirements:
The Contractor must, at all times during the performance of the Contract, hold a valid Designated Organization Screening (DOS) with approved Document Safeguarding at the level of PROTECTED B, Issued by the Canadian Industrial Security Directorate, Public Works and Government Services Canada. The Contractor personnel requiring access to PROTECTED information, assets or work site(s) must EACH hold a valid RELIABILITY STATUS, granted or approved by the Canadian Industrial Security Directorate (CISD), Public Works and Government Services Canada (PWGSC). The Contractor MUST NOT utilize its Information Technology system to electronically process, produce or store PROTECTED information until the CISD/PWGSC has issued written approval. After approval has been granted or approved, these tasks may be performed at the level of PROTECTED B (including an IT Link at the level of B). Subcontract which contain security requirements are NOT to be awarded without the prior written permission of CIDS/PWGSC. The Contractor must comply with the provisions of the: (a) Security Requirements Check List and security guide (if applicable); (b) Industrial Security Manual (Latest Edition).
5. Applicability of the trade agreement(s) to the procurement
This procurement is subject to the following trade agreements:
- the Agreement on Internal Trade (AIT);
- the World Trade Organization – Agreement on Government Procurement (WTO-AGP);
- the North American Free Trade Agreement (NAFTA);
- the Canada Chile Free Trade Agreement (CCFTA);
- the Canada-Peru Free Trade Agreement (CPFTA); and
- the Canada-Colombia Free Trade Agreement (CCOFTA).
R107BXXX - Library Support Services
This identifier falls within Class R - Professional, Administrative and Management Support Services of the Common Classification System (CCS).
Other applicable Common Classification System (CCS) codes include:
N7030AGE - Computer Software, Library Systems, Records Management, Cataloguing, Correspondence Control - Microcomputers Only
6. Set-aside under the Procurement Strategy for Aboriginal
Business Not Applicable
7. Comprehensive Land Claims Agreement(s)
8. Justification for the Pre-Identified Service Provider
Online Computer Library Center, Inc. (OCLC) is the only known supplier of an externally hosted web-enabled 21st Century system and related services for the provision of a National Union Catalogue (NUC) that is available in both official languages (English and French) and meets all mandatory performance and minimum essential requirements as detailed in Article 3.
9. Government Contracts Regulations Exception(s)
The following exception to the Government Contracts Regulations is invoked for this procurement:
subsection 6(d) - "only one person is capable of performing the work".
10. Exclusions and/or Limited Tendering Reasons
Agreement on Internal Trade (AIT) – Article 506 Paragraph12 (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.
World Trade Organization - Agreement on Government Procurement (WTO-AGP) – Article XV (15), Paragraph 1 (b), the products or services can be supplied only by a particular supplier and no reasonable alternative or substitute exists.
North American Free Trade Agreement (NAFTA) – Article 1016.2(B) the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute exists.
11. Ownership of Intellectual Property.
Most library catalogues are composed of bibliographic records from many sources with different intellectual property claims associated with the different categories of records, based on the relationship of the library with the supply source. A release of a library's full catalogue must, therefore, also allow for acknowledgment of all of those varying rights within the records.
LAC's in-house developed AMICUS system and database structure are the property of the Crown, while the data within the AMICUS database (or linked to the AMICUS database, in the case of digital objects) has been either created by LAC during intake of new materials (and is therefore owned by LAC) or is provided by external entities who maintain ownership of their own data (as described above).
Accordingly, Canada intends to retain ownership (where it applies) of any Foreground Intellectual Property arising out of the proposed Contract related to the development of bibliographic or library cataloguing information, based on the following exemptions contained within Section 6 of the Treasury Board Policy on Title to Intellectual Property Arising under Crown Procurement Contracts:
(6.4.1) The main purpose of the Contract, or of the deliverables contracted for, is to generate knowledge and information for public dissemination.
(6.5) Where the Foreground consists of material subject to copyright, with the exception of computer software and all documentation pertaining to that software.
The Contractor's library systems software, databases and documentation will remain the property of the Contractor. Any configuration of the Contractor's systems specific to LAC's requirement and any specific custom code relating to the development of linkages from the Contractor's systems to LAC's internal systems for the purposes of undertaking the work will be done by the Contractor and will remain the property of the Contractor.
However, the Contractor will grant to LAC, in relation to any custom-designed or custom-manufactured part of the Contractor's systems (such as linkages), a non-exclusive, perpetual, irrevocable, fully paid and royalty-free license to exercise such Intellectual Property Rights in the part incorporated into the Contractor's systems or as necessary for the performance of the National Union Catalogue and LAC Care of Collections functionality under the Contract.
12. The period of the proposed contract or the delivery date(s)
The proposed contract is for a period of five (5) years.
Canada retains the irrevocable option to extend the period of the Contract by up to five (5) additional one (1)-year long extensions to this initial contract period, at Canada's exclusive discretion.
13. Name and address of the pre-identified Service Provider:
Online Computer Library Center, Inc. (OCLC) [Canadian location] 9955 Avenue de Catania, Bureau 135
Brossard, Québec, Canada, J4Z 3V5 T: 450-656-8955
T: 888-658-6583 (toll-free in North America)
14. Service Providers' right to submit a statement of capabilities
Service Providers 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 Service Provider meets the advertised requirements.
15. The closing date for a submission of a statement of capabilities.
The closing date and time for accepting statements of capabilities is 9 April2014 at 2:00p.m. EDST.
16. Inquiries and submission of statements of capabilities
Inquiries and statements of capabilities are to be directed to:
Margo A. Conn-Harbinson Supply Specialist Enterprise Management Software Procurement Division - XL, 4C1, Stn. 35 Software and Shared Systems Procurement Directorate Services and Technology Acquisition Management Sector Public Works & Government Services Canada Place du Portage, Phase III, 11 Laurier Street Gatineau, Quebec, K1A 0S5 Tele: (819) 956-1114 FAX: (819) 953-3703 E-Mail: firstname.lastname@example.org
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.