When the decision is made to proceed with an ACAN, contracting officers are required to document the procurement file with the actions taken in each phase of the ACAN process. Procurement files must include documentation of the following justifications, reasons and associated steps, as a minimum:
- The rationale for the pre-identified supplier including the relevant exception to soliciting bids under the GCRs and, as applicable, the limited tendering reasons under the trade agreements (see 3.15 Non-competitive Contracting Process to 3.15.5 Advance Contract Award Notice).
- The actions taken to determine if other suppliers may have been capable of performing the work. When an industry analysis is conducted to identify the possible companies that could perform the work and one company is identified but there is a doubt (or uncertainty) that there may be additional suppliers for this requirement, then an ACAN would be published. Justification of the only known supplier based on the industry analysis along with an approved procurement strategy must be put on the procurement file before an ACAN is posted; e.g. the identified supplier is the only known source based on the industry analysis. If an exhaustive industry analysis has been completed and there is no doubt that there is only one provider capable of performing this work, then a non-competitive process would be more appropriate and an ACAN would not be posted.
- When invoking exception 6(d) of the GCRs for procurements above $25K, the responses to the questions contained in Annex 3.1: Treasury Board Questions for Sole Source must also accompany the approval document and be on file (see 3.15 d.).
- The assessment criteria and the assessment of the pre-identified supplier.
- An approved procurement strategy (see 6.5.1 Procurement Plan).
- The ACAN notice(s) posted on the Government Electronic Tendering Service (GETS) and, if applicable, the amended notice.
- The process followed in either accepting or rejecting a statement of capabilities from another supplier or suppliers, including the independent review, if required, and the final assessment of the suppliers (see 220.127.116.11 d.).
- Evidence that all suppliers that submitted a statement of capabilities were notified and were given the reasons why their statement of capabilities was rejected, if requested (see 18.104.22.168 Statement of Capabilities (Challenge Process).
- Details of any resulting competitive process, if conducted.