Trade Agreement: NAFTA/AIT/Canada FTAs with Peru/Colombia/Panama
Tendering Procedures: Generally only one firm has been invited to bid
Non-Competitive Procurement Strategy: Exclusive Rights
Comprehensive Land Claim Agreement: No
Vendor Name and Address:
Hach Sales & Service Canada Ltd
3020 Gore Road
London, Ontario
Canada
N5V4T7
Nature of Requirements:
1. 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 the requirement
Transport Canada (TC) requires five (5) handheld fluorometers for indicative compliance monitoring of ballast water under International MaritimeOrganization (IMO) D-2 regulations. The device must: provide an indication of the risk associated with deballasting within minutes; be easy to use; require very little training while providing high confidence in the measurement; be powered by standard AA or AAA batteries; and provide a method of extracting the data obtained for archival purposes. The unit will be used for ensuring compliance with IMO D-2 ballast water regulations and will be taken into commercial ports within the Canada by TC Inspectors acting as Port State Control officers.
The requirement also includes an irrevocable option to purchase an additional ten (10) units during the period April 1, 2017 to March 31, 2018.
3. Criteria for assessment of the Statement of Capabilities (Minimum Essential Requirements)
Any interested supplier must demonstrate by way of a statement of capabilities that its product meets the following requirements:
- Instrument must be portable and weigh 10ml.
4. Applicability of the trade agreements to the procurement
This procurement is subject to the following trade agreements
- Agreement on Internal Trade (AIT)
- North American Free Trade Agreement (NAFTA)
5. Justification for the Pre-Identified Supplier
Hach Sales & Service Canada Ltd. Is the original equipment manufacturer (OEM) and exclusive source of the model BW680 handheld fluorometer, and owner of all related intellectual property (IP). TC has found this to be the only unitthat meets the above requirements.
6. Government Contracts Regulations Exceptions
The following exceptions to the Government Contracts Regulations is invoked for this procurement under subsection 6(d) - "only one person is capable of performing the work".
7. Exclusions and/or Limited Tendering Reasons
The following exclusion(s) and/or limited tendering reasons are invoked under the trade agreements specified):
- Agreement on Internal Trade (AIT) - Articles 506.12(b)(j) - exclusive rights
- North American Free Trade Agreement (NAFTA) - Article 1016.2(b) - exclusive rights
8. Period of the proposed contract or delivery date
The product must be delivered on or before March 31, 2017.
9. Suppliers' right to submit a statement of capabilities
Suppliers 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 supplier meets the advertised requirements.
10 Closing date for a submission of a statement of capabilities
The closing date and time for accepting statements of capabilities is March 6, 2017 at 2:00 p.m. EST.
11. Inquiries and statements of capabilities are to be directed to:
Mark Walton
Supply Officer
Public Works and Government Services Canada
Acquisitions Branch
Commercial Consumer Products Directorate
Scientific, Medical, and Photographic Division "PV"
6A2, Phase III, Place du Portage,
11 Laurier Street,
Gatineau, Quebec, Canada K1A 0S5
Telephone: 873-469-3185
Facsimile: 819-956-3814
E-mail address: m••••••••@••••••••.••.ca
Delivery Date: 31/03/2017
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.
