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 Canadian Armed Forces (CAF), through the Canadian Forces Health Services Group (CF H Svcs Gp), has a requirement for 15 Aeromedical Transport Ventilators (ATVs) to be delivered on or before 31 March 2018, with options to purchase up to an additional seven (7) ATVs over four (4) years.
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 it meets the following requirements.
Each ATV must substantially meet the technical specifications and requirements defined in the Requirements attached as Annex A to this ACAN. Specifically, each ATV must:
(a) Have a license of medical device granted by Health Canada;
(b) Have approved air worthiness certification under RTCA/DO-160, or a similar accepted equivalence for standard environmental test conditions and applicable test procedures for airborne equipment;
(c) Have a CAF Air Worthiness (AW) compliance for each of the following aircraft:
(i) C150 Polaris;(ii) C144 Challenger;(iii) CC177;(iv) C130 Hercules;(v) C130J Hercules(vi) CH147 Chinook;(vii) CH146 Griffin; and(viii) CH149 Cormorant.
(d) Have the option to attach a Chemical, Biological, Radiological, and Nuclear (CBRN) filter, NATO No 4240-01-361-1319, to the air compressor inlet; and
(e) Have Canadian Standards Association (CSA) certification (www.csagroup.org/global/en/about-csa-group/certification-marks-labels), or an equivalent proof of certification or proof of equivalency that must be recognized by the Standard Council of Canada (SCC) (www.scc.ca).
4. Name and address of the Pre-Identified Supplier
Zoll Medical Canada405 Britannia Road East, Units 17-19Mississauga, Ontario L4Z 3E6
5. Justification for the Pre-Identified Supplier
It is understood that the Zoll EMV+ is the sole ATV available that meets all of the Minimum Essential Requirements detailed above.
In addition, it is understood that Zoll Medical Canada is the sole distributor authorized to sell these devices in Canada.
6. 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.
7. Applicability of the trade agreement(s) to the procurement
This procurement is subject to the following trade agreement(s), with the associated exclusion(s) and/or limited tendering reasons invoked:
(a) Canadian Free Trade Agreement (CFTA), Article 513 (1) (b) (iii): due to an absence of competition for technical reasons;(b) Canada-Colombia Free Trade Agreement, Article 1409 (1) (b) (iii): due to an absence of competition for technical reasons;(c) Canada-Honduras Free Trade Agreement, Article 17.11 (2) (b) (iii): due to an absence of competition for technical reasons;(d) Canada-Panama Free Trade Agreement, Article 16.10 (1) (b) (iii): because of the absence of competition for technical reasons;(e) Canada-Korea Free Trade Agreement (CKFTA), referencing the WTO Protocol Amending the GPA, Article XIII (1) (b) (iii): due to an absence of competition for technical reasons;(f) Canada-Peru Free Trade Agreement, Article 1409 (1) (b) (iii): due to an absence of competition for technical reasons;(g) Comprehensive Economic and Trade Agreement (CETA), Article 19.12 (1) (b) (iii): due to an absence of competition for technical reasons; and(h) World Trade Organization - Agreement on Government Procurement (WTO-AGP), Article XIII (1) (b) (iii): due to an absence of competition for technical reasons.
8. Ownership of Intellectual Property
Ownership of any Foreground Intellectual Property arising out of the proposed contract will vest in the Contractor.
9. Security requirement:
There is no security requirement associated with this procurement.
10. Period of the proposed contract or delivery date
The proposed period of the contract is from date of contract to four (4) years later.
11. Suppliers' right to submit a Statement of Capabilities
Suppliers who consider themselves fully qualified and available to provide the 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.
The file number, the Contracting Officer's name and e-mail address, and the closing date of the ACAN must appear in the Statement of Capabilities.
Documents may be submitted in either official language of Canada.
12. Closing date for a submission of a Statement of Capabilities
The closing date and time for accepting Statements of Capabilities is 8 February 2018 at 14:00 EDT.
13. Inquiries and Statements of Capabilities are to be directed, by e-mail, to:
Sandy (Alexander) UeffingE-mail: A••••••••@••••••.••.ca
14. 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.
16. The Crown retains the right to negotiate with suppliers on any procurement.
