Trade Agreement: WTO-AGP/NAFTA/AIT/Canada FTAs with Peru/Colombia/Panama
Tendering Procedures: All interested suppliers may submit a bid
Non-Competitive Procurement Strategy: Interchangeable Parts
Comprehensive Land Claim Agreement: No
Vendor Name and Address:
GNB Industrial Power
2 Bluewater Road
Bedford Nova Scotia
Canada
B4B1G7
Nature of Requirements:
GNB 3-100G25 Single Cell Absolyte GP Batterie
F1705-160092/B
Muller, Laura
Telephone No. - (604) 363-1765
Should you have any questions concerning this requirement, contact the contracting officer identified above.
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 withthe award to the pre-identified supplier.
2. Definition of the requirement
The Department of Fisheries and Oceans Canada/Canadian Coast Guard (DFO/CCG), Victoria, BC, has a requirement for the supply and delivery of up to a total of 10 battery packages to A) Seal Cove Coast Guard Base, Prince Rupert, BC, and B) Victoria Coast Guard Base, Victoria, BC. The initial purchase includes two (2) packages. DFO/CCG has the option to purchase, subject to operational requirements, an additional eight (8) packages.
Each battery package consists of the following:
- Forty-eight (48) units of GNB 3-100G25 Single Cell Absolyte GP Batteries
- One-hundred (100) units of high-rate inter-cell connectors
- Twenty-four (24) units of jumper bars
The DFO/CCG currently have over 700 battery packages installed on remote mountain top sites which provide primary and back-power to essential marine radio communication systems.
New packages will be used to replace or supplement the existing batteries.
3. Criteriafor 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:
a) The cells must be compatible/interchangeable with the existing single cell batteries and integrate the existing infrastructure (software, parts, and all other related hardware).
b) The cells must be able to withstand the extreme weather conditions (-40C to +40C) characteristic of the various mountain top sites on which they will placed.
4. Applicability of the trade agreements to the procurement
The procurement is subject to the following trade agreements:
a) Agreement on Internal Trade (AIT);
b) North American Free Trade Agreement (NAFTA).
c) World Trade Organization - Agreement on Government Procurement (WTO-AGP).
5. Set-aside under the Procurement Strategy for Aboriginal Business
N/A
6. Comprehensive Land Claims Agreement(s)
N/A
7. Justification for the Pre-Identified Supplier
The pre-identified supplier, GNB Industrial Power (a division of Exide Technologies), is the manufacturer and only distributor of the product. There are no known alternative sources of supply for the same or equivalent product.
8. Government Contracts Regulations Exception(s)
The following exception to the Government Contracts Regulations are invoked for this procurement under subsection 6 (d) only one person is capable of performing the contract.
9. Exclusions and/or Limited Tendering Reasons
3.2. Annex: Limited Tendering Reasons contained in the Trade Agreements.
The following exclusions and/or limited tendering reasons are invoked under the:
Agreement on Internal Trade (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:
a) to ensure compatibility with existing products, torecognize exclusive rights, such as exclusive licences, copyright and patent rights, or to maintain specialized products that must be maintained by the manufacturer or its representative
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; (CAP code 71); c) or the procurement of goods or services the supply of which is controlled by a supplier that is a statutory monopoly (CAP code 86).
North American Free Trade Agreement (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 (CAP Code 71).
World Trade Organization - Agreement on Government Procurement (WTO-AGP)
Article XV: Limited Tendering Procedure
1. The provisions of Articles VII throughXIV governing open and selective tendering procedures need not apply in the following conditions, provided that limited tendering is not used with a view to avoiding maximum possible competition or in a manner which would constitute a means of discrimination among suppliers of other Parties orprotection to domestic producers or suppliers:
d. for additional deliveries by the original supplier which are intended either as parts replacement for existing supplies, or installations, or as the extension of existing supplies, services, or installations where a change of supplier would compel the entity to procure equipment or services not meeting requirements of interchangeability with already existing equipment or services
10. Ownership of Intellectual Property
N/A
11. Period of the proposed contract or delivery date
The two initial battery packages must be delivered on or before March 31st, 2017.
The Client has the option to purchase up to eight (8) additional packages before December 31, 2018.
12. Cost estimate of the proposed contract
The estimated value of the proposed initial purchase is $98,156.63 (GST/HST extra). The estimated value of the options to purchase is $450,000.00 (GST/HST extra).
13. Name and address of the pre-identified supplier
GNB Industrial Power, a division of Exide Technologies
6950 Creditview Road
Mississauga, ON
L5N 0A6
14. Suppliers' right to submit a statement of capabilities
Suppliers who consider themselves fully qualified and available to provide the goods described in the Advanced Contract Award Notice 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. Inquiries and submission of statements of capabilities
Inquiries and statements of capabilities are to be directed to:
Laura Muller, Supply Officer
Commercial Acquisitions
219- 800 Burrard St.
Vancouver, BC
V6Z 0B6
Telephone: (604) 363-1765
E-mail: l••••••••@•••••.••.ca
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.
