Sachets de défense biochimique

Trade Agreement: WTO-AGP/NAFTA/AIT/Canada FTAs with
Peru/Colombia/Panama
Tendering Procedures: Generally only one firm has been invited
to bid
Attachment: None
Non-Competitive Procurement Strategy: Exclusive Rights
Comprehensive Land Claim Agreement: No
Vendor Name and Address:
Clermark Inc
11309 Niagara Parkway
Niagara Falls Ontario
Canada
L2E6S6
Nature of Requirements:
FilmArray BioDefense System

M7594-153462/A
Quinn, Laurie
Telephone No. - (819) 956-3824
Fax No. - (819) 956-3814

1. 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. The Royal Canadian Mounted Police (RCMP), have a requirement
for four (4) FilmArray BioDefense Systems and four (4)
FilmArray Biothreat Pouches including training.

3. Minimum Essential Requirements

Any interested supplier must demonstrate by way of a statement
of capabilities that its FilmArray BioDefense System meets the
following minimum requirements:

1. The system must be capable of amplifying, detecting, and
identifying agent-specific and agent-related genetic sequences
from biological agents that are infectious to humans regardless
of the genetic composition (RNA or DNA) of the agent.

2. The system must be capable of processing and analyzing at
minimum, Gram positive bacteria, Gram negative bacteria,
vegetative bacteria, spores, enveloped viruses, and
non-enveloped viruses.

3. The system must integrate cell lysis, nucleic acid
extraction/purification/reverse transcription/amplification,
detection/identification analysis, and reporting into a single
automated process without user intervention following the
addition of the unprocessed sample to the system.

4. The sample-to-answer process must take less than 90 minutes.

5. The system must be capable of detecting/identifying a minimum
of 10 different agents in a single sample during a single run.

6. The system must include internal positive control assays to
monitor detection failures.

7. The software must be Windows based.

8. The system must be able to accommodate unprocessed sample
volumes ranging from 1 µL to 100 µL.

9. Reagents must not require refrigeration or freezing and must
have a performance-guaranteed minimum shelf life of 6 months at
or below 25 °C.

10. The system must be capable of operating using standard North
American power (110V, 50/60 Hz).

11. System setup time from unpacking the system to an
operational-ready state (ready to run a sample) must take 15
minutes or less.

12. The system must weigh less than 80 pounds (36 kg).

4. Applicability of the trade agreement(s) to the procurement

This procurement is subject to the following trade
agreement(s):

World Trade Organization-Agreement on Government Procurement
(WTO-AGP)
Agreement on Internal Trade (AIT)
North American Free Trade Agreement (NAFTA)
Canada-Peru FTA
Canada-Columbia FTA

5. Set-aside under the Procurement Strategy for Aboriginal
Business

Not Applicable.

6. Comprehensive Land Claims Agreement(s)

Not Applcable.

7. Justification for the Pre-Identified Supplier

The Royal Canadian Mounted Police's (RCMP), Chemical,
Biolgical, Radiological Nuclear & Explosives (CBRNE) division
has a requirement to replenish its inventory of Filmarray
Biodefence Systems (FBS). The FBS systems require only two
minutes to introduce a sample, analyze 16 biothreat pathogens
and 26 targets simultaneously and are interchangeable with
current FBS systems used by the RCMP's federal CBRNE partners
including, Defense Research and Developement Canada (DRDC) and
the Canadian Armed Forces.

The only known supplier of a FBS that addresses all RCMP
requirements is Clermark International of Niagara Falls,
Canada. For this reason it is proposed to negotiate directly
with Clermark for this requirement.

8. Government Contracts Regulations Exception(s)

The following exception to the Government Contracts Regulations
is invoked for this procurement under subsection 10.2 Section
6(d) - "only one person is capable of performing the work").

9. Exclusions and/or Limited Tendering Reasons

The following exclusion(s) and/or limited tendering reasons are
invoked under the section of the trade agreement(s) specified:

Agreement on Internal Trade (AIT) - Article 506 12. (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;

North American Free Trade Agreement (NAFTA) - Article 1016
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;

World Trade Organization-Agreement on Government Procurement
(WTO-AGP) - Article XV.1(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;

10. Ownership of Intellectual Property.

Ownership of any Foreground Intellectual Property arising out
of the proposed contract will vest in the Contractor.

11. The period of the proposed contract or the delivery date.

Delivery must be no later than March 31, 2015.

12. A cost estimate of the proposed contract.

The estimated value of the contract including options, is
$400,000.00 (GST/HST included).

13. Name and address of the pre-identified supplier:

Name: Clermark International
Address: 11309 Niagara River Parkway, Niagara Falls, ON, L2E
6S6

14. 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.

15. The closing date for a submission of a statement of
capabilities.

The closing date and time for accepting statements of
capabilities is 2 January 2015 at 2:00 p.m. EST.

16. Inquiries and statements of capabilities are to be directed
to:

Laurie Quinn
Supply Officer
Scientific, Medical and Photographic Division
Commercial and Consumer Products Directorate
6A2 ( 36 ) Place du Portage, Phase III
11 Laurier Street \, Gatineau, Quebec K1A 0S5
Tel: ( 819) 956-3824
Email: 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.