Trade Agreement: 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:
Real-Time Analyzers, Inc.
362 Industrial Park Road (#8)
Middletown Connecticut
United States
06457
Nature of Requirements:
PFA-1064D PORTABLE FUEL ANALYZER
K8A21-130052/A
Walton, Mark
Telephone No. - 819-956-3813
Fax No. - 819-956-3814
E-mail: m••••••••@••••••••.••.ca
This amendment is issued to add the closing date at item 15,
which was omitted from the original ACAN. All other terms and
conditions of the original ACAN remain unchanged, including the
closing date and time.
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 requirement
The Department of the Environment Canada (EC) has a requirement
for the supply of quantity one (1) each of Real-Time Analyzers
model PFA-1064D portable fuel analyzer. The equipment must meet
all the essential requirements set out at article 3 of this ACAN.
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 equipment meets the following
requirements:
Ability to measure, in a single unit, both cloud point and
sulfur content of diesel fuel and jet fuel.
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. Set-aside under the Procurement Strategy for Aboriginal
Business
Not applicable
6. Comprehensive Land Claims Agreements
Not applicable
7. Justification for the Pre-Identified Supplier
This analyzer is necessary for EC's Air Quality Research
Division to conduct measurements of cloud point and sulfur
content of diesel fuel and jet fuel. EC's mandate is to ensure
compliance with the Canadian Environmental Protection Act (CEPA)
and Regulations, specifically Part 7 Division 5, which is
available at
http://www.ec.gc.ca/lcpe-cepa/default.asp?lang=En&n=2…
fset=8&toc=show#e
The CEPA vehicle and engine regulations are harmonized with the
U.S. Environmental Protection Agency (EPA) Code of Federal
Regulations (CFR) which has specifications for fuel
requirements. Although many portable analyzers can measure for
some of the compounds required by the CFR , EC is looking
specifically for Sulphur and Cloud Point as these are two
parameters which, if they are at the wrong level, can be
damaging to the vehicle. Too high a sulfur content could plug up
and inactivate emissions control devices, and a cloud point at
the wrong level will cause the fuel to gel in the vehicle fuel
system at colder temperatures.
After reviewing several different analyzers, EC found this to be
the only one capable of doing both measurements in one unit.
Real-Time Analyzers is the original equipment manufacturer
(OEM); they do not have value-added resellers.
8. Government Contracts Regulations Exception
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".
9. Limited Tendering Reasons
The following limited tendering reasons are invoked under the
section of the trade agreements specified:
Agreement on Internal Trade (AIT) - Article 506.12(b)(j)
North American Free Trade Agreement (NAFTA) - Article 1016.2(b)
Both reasons relate to exclusive rights.
10. Ownership of Intellectual Property.
Not applicable
11. Delivery Date
The equipment must be delivered on or before September 13, 2013.
12. A cost estimate of the proposed contract
The estimated value of the contract is CAD $55,142.50.
13. Name and address of the pre-identified supplier:
Name: Real-Time Analyzers
Address: 362 Industrial Park Road, Middletown, Connecticut USA
06457; telephone 860-635-9800; fax 860-635-9804; web site
www.rta.biz
14. 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.
15. The closing date for a submission of a Statement of
Capabilities.
The closing date and time for accepting statements of
capabilities is Friday, July 26, 2013 at 5:00 p.m. EDT.
16. Inquiries and submission of statements of capabilities
Inquiries and statements of capabilities are to be directed to:
Mark Walton
Supply Officer
Scientific, Medical, and Photographic Division PV
11 Laurier Street, Gatineau, Quebec Canada K1A 0S5
Telephone: 819-956-3813
Facsimile: 819-956-3814
E-mail: m••••••••@••••••••.••.ca
Delivery Date: 13/09/2013
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.