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: Government Objectives Representing Best Interests/Value to Govt
Comprehensive Land Claim Agreement: Yes
Vendor Name and Address:
MIDWEST INDUSTRIAL SUPPLY INC
1101 3rd Street Southeast
Canton Ohio
United States
44707
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
Transport Canada, Airport operations, wishes to acquire
three (3) E-Sprayer Systems for the application of its
EnviroKleendust control material at the Cree airports of
Waskaganish, Eastmain and Wemindji.
Transport Canada has a Contract for the delivery of 90 000
litres of EnviroKleen dust-control product for 2015 and for
40 000 litres per year for the next two years; for the 3 Cris
airports of Waskaganish, Eastmain and Wemindji.
EnviroKleen dust-control is an efficient product, but that is
high in viscosity and that cannot be effectively applied with
the current equipment. The sprayers that are being used
and that are known by Transport Canada do not allow the
necessary adjustability of flow and pressure, which can
reduce the efficiency of the chemical’s binding agents.
Furthermore, the lack of control of flow and pressure can
cause leaks and loss of product and affect the uniformity of
application of the product. Because more product is
required to achieve the required results, time and financial
losses are also factors.
Midwest Industrial Supply, Inc. manufactures EnviroKleen
dust-suppressant and sprayers (E-Sprayer system); sprayers
which are specifically designed for the application of
EnviroKleen dust-suppressant product.
3. CRITERIA FOR ASSESSMENT OF THE STATEMENT OF
CAPABILITIES (MINIMUM ESSENTIEL REQUIREMENTS)
Any interested supplier must demonstrate by way of a
statement of capabilities that its product meets the
following requirements:
3.1 Capability of spraying all binding agent fines
preservation type chemicals with viscosity’s of up to 1500
centipoises with delivery to nozzle’s orifices up to 80 PSI;
3.2 Full flow adjustable back to tank bypass capabilities for
full range pressure output adjustments;
3.3 Capability of being mobilized and set-up using no tools;
3.4 Dripless disconnects;
3.5 Be integrated into a modular heavy duty load bearing
aluminum frame
3.6 Weight to be less than 350 kilograms;
3.7 System and frame in total to be sized to fin into the back
of a standard size Pickup truck bed (i.e. Ford F-250) along
with 1041 liter tote;
3.8 System and frame to operate a 9 and a ½ foot spray bar
with 180 degree range for safe storage and 10 nozzle
settings spaced approximately 12 inches apart for maximum
spray pattern.
3.9 Pump to have capabilityof continuous duty service with
maximum pressure of 300 PSI (21 bar) and maximum
viscosity of 50 000 centipoises;
3.10 Pump to be protected from over pressurization;
3.11 Pump to have capability to adjust output pressures (5-
80 PSI) based on changing viscosities temperatures;
3.12 Pump to have capability of applying product through
spray header or option hose reel requiring as much as 80
PSI;
3.13 Pump to have capability of delivery from 1 to 20GPC at
80 PSI;
3.14 Pump to have appropriate chemical compatible
resistant seals;
3.15 Diesel engine powered;
3.16 Engine to be high torque diesel engine conforming to
Tier 4 transient test 2014 emission standards;
3.17 Diesel engine to have electric start with a remotecable
starter box (20’ cord set to fit into vehicle’s cab);
3.18 Engine to have electric start;
3.19 Spray delivery system to have electric motor driven (12
VDC) shut off capability with ¾ second response times.
3.20 All hosing to be rated forproduct chemical
compatibilities.
3.21 System must hold its own 12VDC battery for engine
start and electric valve operation battery shall have
capability of (CA @32F of 850).
4. APPLICABILITY OF THE TRADE AGREEMENTS TO THE
PROCUREMENT
This procurement is subject to the following trade
agreements:
.1 Agreement on Internal Trade (AIT)
.2 North American Free Trade Agreement (NAFTA)
.3 Canada-Chile Free Trade Agreement (CCFTA)
.4 Canada-Colombia Free Trade Agreement (CCOFTA)
.5Canada-Panama Free Trade Agreement (CPAFTA)
This requirement is also subject to the following
Comprehensive Land Claims Agreements: James Bay and
Northern Quebec Agreement - Cree Portion.
5. JUSTIFICATION FOR THE PRE-IDENTIFIED SUPPLIER
We believe that the only product meeting all required
technical specifications is the E-Sprayer System from
Midwest. For this reason, it is proposed to negotiate this
requirement with the company Midwest Industrial Supply,
Inc., Canton, Ohio, USA.
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 exclusions and/or limited tendering reasons
are invoked under the trade agreements specified:
.1 Agreement on Internal Trade (AIT)
Article 506: Procedures for Procurement: 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:
(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.
.2 North American Free Trade Agreement (NAFTA)
Part Four: Government Procurement - Chapter Ten Article
1016: Limited Tendering Procedures: 2. An entity may use
limited tendering procedures in the following circumstances
and subject to the following conditions:
(b) 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.
.3 Canada-Chile Free Trade Agreement (CCFTA)
Article Kbis-09: Tendering Procedures:
1. Entities may award contracts by means other than open
tendering procedures, provided that the tendering
procedure is not used to avoid competition or to protect
domestic suppliers in the following circumstances, where
applicable:
(b) where, for works of art, or for reasons connected with
the protection ofpatents, 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.
.4 Canada-Colombia Free Trade Agreement (CCOFTA)
Article 1409: Limited Tendering: 1. Provided that a
procuring entity does not use this provision to avoid
competition among suppliers, to protect domestic suppliers,
or in a manner that discriminates against suppliers of the
other Party, the procuring entity may contact a supplier or
suppliers of its choice and may choose not to apply Articles
1405, 1406, 1407, 1408 and 1410 in any of the following
circumstances:
(b) wherethe 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:
(iii) due to an absence of competition for technical reasons.
.5 Canada-Panama Free Trade Agreement (CPAFTA)
Article 16.10: Limited Tendering:
1. Provided that a procuring entity does not use this
provision to avoid competition among suppliers, to protect
domestic suppliers, or in a manner that discriminates
againstsuppliers of the other Party, the procuring entity
may contact a supplier of its choice and may choose not to
apply Articles 16.06, 16.07, 16.08, 16.09 and 16.11 only
under the following circumstances, if:
b. the procurement can be carried out only by a particular
supplier and a reasonable alternative or substitute does not
exist because:
(iii) due to an absence of competition for technical reasons.
8. PERIOD OF THE PROPOSED DELIVERY DATE
The goods must be delivered no later than March 31st,
2016.
9. COST ESTIMATE OF THE PROPOSED CONTRACT
The estimated value of the contract is between $70,000 to
$100,000 applicable taxes included.
10. NAME AND ADDRESS OF THE PRE-IDENTIFIED SUPPLIER
Midwest Industrial Supply, Inc.
1101 3rd Street Southeast
Canton, Ohio 44707
11. SUPPLIER ' 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.
12. CLOSING DATE FOR A SUBMISSION OF A STATEMENT OF
CAPABILITIES
The closing date and time for accepting statements of
capabilities is December 4, 2015 at 2:00 p.m. Eastern
standard time (EST).
13. INQUIRIES AND SUBMISSION OF STATEMENTS OF
CAPABILITIES
Inquiries and statement of capabilities are to be directed to:
Marial Tremblay
Supply Specialist
Public Works and Government Services Canada (PWGSC)
CFB Bagotville, P.O. Box 380
Building 62, Room 112
Alouette, Quebec, G0V 1A0
Telephone: (418) 677-4000, Ext.: 4159
Facsimile: (418) 677-3288
E-mail: m••••••••@•••••.••.ca
Delivery Date: 31/03/2016
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.
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