Tendarix.ca
Trade Agreement: NONE
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:
Campbell Scientific (Canada) Corp.
14532 - 131 Avenue NW
Edmonton Alberta
Canada
T5L4X4
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
Environment and Climate Change Canada (ECCC) has a requirement for the supply of 250, with an option to purchase an additional 250, Snow Depth Sensors and installation components used to measure the height of snow pack above ground. Standard installation is 2 metres over a custom designed target that is 4’ x 4’ square. The sensor must measure snow on as much of the target area as possible.
The purchase is to include a firm quantity of 250 each:
1/ Snow depth sensor SR50A;
2/ SR50A installation cable; and
3/ SR50A installation mounting stem.
The SR50A is a direct replacement successor to the discontinued SR50 sensor that ECCC initially procured in large quantities under multi-year contract KM044-04-5128 until 2007. Beginning in July 2015, SR50A were procured under the now expired National Master Standing Offer E60PV-09LS00/064/PV. A sole source bridging contract is required for continuity of supply during the re-procurement process.
The SR50A uses the same core measuring element as the SR50but is constructed using updated components. Specifications and opera tion of the SR50A are nearly the same as the SR50. Because of that interchangeability, ECCC adopted and approved the SR50A as a replacement for use in surface weather stations across Canada.
The SR50A is compatible with the existing ECCC automatic weather stations, datalogging programs, data ingest, and QA processes at the National Data Management System. Any changes to sensor manufacturer/model will require approximately 12 months to assess the performance characteristics of the sensor, create and test·data logger as well as OMS integration.
SR50A sensors are required for sparing of the 700 in-service SR50 sensors when non-repairable failure occurs, as well as to improve snow reporting by increasing the number of sensors from one to three per weather station. The increased number of sensors per sites, measuring various areas of the site, improves data quality by calculating an average snow pack when drifting or scouring under a single sensor can otherwise be mis-representative.
The performance of the equipment must not be affected by adverse weather conditions. The sensors should be able to be left in the field for 2 years before any field maintenance. Increased maintenance frequency is allowable in harsh coastal environments.
3. Any interested supplier must demonstrate by way of a statement of capabilities that its system meets the following requirements:
4. Applicability of the trade agreements to the procurement
This procurement is subject to the following trade agreement(s)
o Canadian Free Trade Agreement (CFTA)
o World Trade Organization - Agreement on Government Procurement (WTO-AGP)
o North American Free Trade Agreement (NAFTA)
o Canada-European Union Comprehensive Economic and Trade Agreement (CETA)
5. Justification for the Pre-Identified Supplier
Campbell Scientific Corporation (CSC) is the sole manufacturer of the SR50A and owns the Intellectual Property for this product.
6. Government Contracts Regulations Exception
The following exception(s) to the Government Contracts Regulations is (are) 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:
CFTA, Article 513, paragraph 1.(b) and 1.(c) are applicable on the basis of limited tendering due to compatibility with existing products, to recognize exclusive rights, such as exclusive licenses, copyright and patent rights, or to maintain specialized products that must be maintained by the manufacturer or its representative, and when 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.
Articles 1016.2(b) and 1016.2(d) of NAFTA are applicable on the basis of limited tendering due to reasons 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, for additional deliveries by the original supplier that are intended either as replacement parts or continuing services for existing supplies, services 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 inter changeability with already existing equipment or services, including software to the extent that the initial procurement of the software was covered by this Chapter.
World Trade Organization - Agreement on Government Procurement (WTO-AGP) Article XV1.(b) when, for works of art or for reasons connected with protection of exclusive rights, such as patents or copyrights, or in the absence of competition for technical reasons, the products or services can be supplied only by a particular supplier and no reasonable alternative or substitute exists.
Canada-European Union Comprehensive Economic and Trade Agreement - b.if the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist for any of the following reasons:
ii) the protection of patents, copyrights or other exclusive rights; and
iii) due to an absence of competition for technical reasons;
8. Ownership of Intellectual Property
Campbell Scientific Corporation (CSC) owns the Intellectual Property rights and is the sole manufacturer of the SR50A and installation components.
9. Period of the proposed contract or delivery date
The equipment must be delivered by 30 March 2018. The contract includes optional quantities to be delivered within x days of exercising the option.
10. Name and address of the pre-identified supplier
Campbell Scientific (Canada) Corp.
14532 131 Avenue NW
Edmonton, AB T5L 4X4
11. 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.
12. Closing date for a submission of a statement of capabilities
The closing date and time for accepting statements of capabilities is
Inquiries and submission of statements of capabilities
Inquiries and statements of capabilities are to be directed to:
Lori Rombough, Supply Specialist
Public Works and Government Services Canada
Acquisitions Branch
86 Clarence Street
Kingston, ON K7L 1X3
Telephone: 613-545-8061
Facsimile: 613-545-8067
E-mail address: 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.
The buyer plans to award this contract to a named supplier without competition. If your business can do this work, send a statement of capabilities to the contracting authority before November 17, 2017. If it qualifies, the buyer must open a full competition.
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