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:
EXIDE TECHNOLOGIES
3-6950 Creditview Road
Mississauga Ontario
Canada
L5N0A6
Nature of Requirements:
Single Cell Batteries
F1705-150083/A
Muller, Laura
Telephone No. - (604) 775-9300
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
The Department of Fisheries and Oceans Canada/Canadian Coast Guard (DFO/CCG), Vancouver, BC, has a requirement for the supply and delivery of forty-eight (48) GNB 3-100G25 Single Cell Absolyte GP Batteries, complete with high-rate inter-cell connectors and all other related hardware. Currently DFO/CCG have over 700 batteries installed on remote mountain top sites which provide primary and back-power to Coast Guard essential marine radio communication systems. These batteries will be used to replace or supplement the existing battery strings.
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:
a) The cells must be compatible/interchangeable with existing cells and be able to integrate into existing infrastructure (software and parts).
b) Battery must be able to withstand the extreme weather conditions experienced at the mountain top site (-40C to +40C).
4. Applicability of the trade agreements to the procurement
This procurement is subject to the following trade agreements:
a) Agreement on Internal Trade (AIT);
b) North American Free Trade Agreement (NAFTA).
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, Exide Technologies, is the manufacturer and only known distributor of the product.
8. Government Contracts Regulations Exception(s)
The following exception to the Government Contracts Regulations is 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:
o 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, to recognize 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).
o 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 connectedwith 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).
10. Ownership of Intellectual Property
N/A
11. Period of the proposed contract or delivery date
The product must be delivered on March 31st, 2016.
12. Cost estimate of the proposed contract
The estimated value of the contract is $45,000 - $60,000 (GST/HST extra).
13. Name and address of the pre-identified supplier
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 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. Inquiries and submission of statements of capabilities
Inquiries and statements of capabilities are to be directed to:
Laura Muller, A/Supply Officer
219- 800 Burrard St.
Vancouver, BC
V6Z 2E7
Telephone: (604) 775-9300
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.
