Trade Agreement: CETA / WTO-AGP / NAFTA / CFTA / FTAs with Peru / Colombia / Panama / Korea
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:
CAIRE INC.
2200 AIRPORT INDUSTRIAL DR
STE 500
BALL GROUND Georgia
United States
30107
Nature of Requirements:
Oxygen Concentrators
W6369-19A004/A
Carriere, Nancy
Telephone No. - (613) 545-8764
Fax No. - (613) 545-8067
Nature of Requirements:
Oxygen Concentrator
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
Oxygen Concentrator
The Department of National Defence (DND) has a requirement for the provisions of ten SAROS? 15 oxygen concentrators for combat casualty care. This requirement also includes the irrevocable option of purchasing an additional thirty (30) SAROS? 15 oxygen concentrators before the 31st of March, 2022.
The request also includes the requirement for offsite training for four (4) to six (6) participants for an optional period of six (6) sessions. Training will take place at the following five (5) locations:
1. CFB Halifax (one session) in Halifax, Nova Scotia
2. CFB Petawawa (two sessions) in Petawawa, Ontario
3. CFB Edmonton (one session) in Edmonton, Alberta
4. CFB Trenton (one session) in Trenton, Ontario
5. CFB Valcartier (one session) in Courcellette, Quebec
3. Criteria for Assessment of Statement of Capabilities (Minimum Essential Requirements):
Any interested supplier must clearly demonstrate, by way of a Statement of Capabilities by way of a statement of capabilities that its equipment meets the following requirements:
Weight: Total weight of the device, including the internal battery, must not exceed the 21 kg (46.2lbs)
Dimensions: 25 centimeters (cm) in diameter x 83cm in length, +/- 3cm tolerance for all dimensions
Minimum operating temperature of zero (0) degrees Celsius to plus 40 degrees Celsius
Minimum storage temperature of minus 40 degrees Celsius to plus 60 degrees Celsius
Minimum operating altitude of 13,000 feet
Capable of operating on voltages ranging from 100 - 240 volts of alternating current at frequencies ranging from 50 to 400 Hertz
Include an internal, replaceable, rechargeable battery capable of operating the system for a minimum of one (1) hour at 15LPM
Incorporate both an air inlet filter and HEPA filter
Devices must be labelled as required in Section 75 of the Medical Device Regulations prior importation and sale
Devices must have a valid, active, medical device license issued by Health Canada
Producing medical grade oxygen at 93 percent (%), +/- 3%, for all flow settings
Providing continuous oxygen flow from a minimum of 0.5 litres per minute (LPM) to 15 LPM in 0.5 LPM increments.
Maximum operating pressure of 15 pounds per square inch (psi)
4. Applicability of Trade Agreement(s) to the Procurement
This procurement is subject to the following trade agreements:
World Trade Organization Agreement on Government Procurement (WTO-AGP), North American Free Trade Agreement (NAFTA), Canadian Free Trade Agreement (CFTA), Canadian-European Union Comprehensive Economic and Trade Agreement (CETA)
5. Applicability of Set-Aside under the Procurement Strategy for Aboriginal Business
This procurement is not a set-aside for an Aboriginal supplier, in accordance with the government Procurement Strategy for Aboriginal Business (PSAB).
6. Applicability of Comprehensive Land Claims Agreement(s)
This procurement is not subject to any Comprehensive Land Claims Agreement(s).
7. Justification for the Pre-Identified Supplier
Chart Industries Inc. is the only known supplier of an Oxygen Concentrator capable of meeting the mandatory technical specifications. Chart Industries has exclusive rights to the Intellectual Property.
8. Government Contracts Regulations Exception(s)
The following exception(s) to the Government Contracts Regulations is invoked for this procurement, under subsection 6:
d) - "only one person is capable of performing the contract".
9. Exclusion and/or Limited Tendering Reasons
The following exclusion(s) and/or limited tendering reasons are invoked under the:
World Trade Organization Agreement on Government Procurement (WTO-AGP)
Article XV: Limited Tendering, section (b)
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; (CAP code 71)
North American Free Trade Agreement (NAFTA)
Annex 1016 Limited Tendering procedures
2(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
Canadian Free Trade Agreement (CFTA)
Chapter Five - Government Procurement
Article 513: Limited Tendering
1. Subject to paragraphs 2 and 3, and provided that it does not use this provisions for the purpose of avoiding competition among suppliers or in a manner that discriminates against suppliers, a procuring entity may use limited tendering in the following circumstances:
(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:
(i) the requirement is for a work of art
(ii) the protection of patents, copyrights, or other exclusive rights
Canadian-European Union Comprehensive Economic and Trade Agreement (CETA)
Chapter Nineteen - Government Procurement
Annex 19.12: Limited Tendering
1. Provided that it does not use this provision for the purpose of avoiding competition among suppliers or in a manner that discriminates against suppliers of the other Party or protects domestic suppliers, a procuring entity may use limited tendering and may choose not to apply Articles 19.6 through 19.8, paragraphs 7 through 11 of Article 19.9, and Articles 19.10, 19.11, 19.13 and 19.14 under any of the following circumstances:
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:
(i) the requirement is for a work of art;
(ii) the protection of patents, copyrights or other exclusive rights
10. Ownership of Intellectual Property
Chart Industries Inc. has rights to the Intellectual Property. Ownership of any Foreground Intellectual Property arising out of the proposed contract will vest in the Contractor.
11. Period of the proposed contract or delivery date
The delivery of the equipment must be received on or before September 30, 2018. Training will be within sixty (60) days after the contract amendment to exercise the option for the training. The contract will expire on the June 30, 2022.
12. Name and Address of the Pre-identified Supplier
Chart Industries Inc.
2200 Airport Industrial Drive
Suite 500
Ball Ground, Georgia
USA
30107
13. 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.
14. Closing date for a submission of a statement of capabilities
The closing date and time for accepting statements of capabilities is on _____________________ (insert date and time)
15. Inquiries and submission of statement of capabilities
Inquiries and statements of capabilities are to be directed to:
Name: Nancy Carrière
Title: Supply Specialist
Public Works and Government Services Canada
Acquisitions Branch
Telephone: (613)-545-8764
Facsimile: (613) 545-8067
E-mail address: N••••••••@•••••.••.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.
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.
