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:
SMITHS DETECTION MONTREAL INC.
7030 Century Ave.
Mississauga Ontario
Canada
L5N2V8
Nature of Requirements:
REQUIREMENT: MAINTENANCE SERVICES FOR HCVM
1. Advance Contract Award Notice
The Canada Border Services Agency (CBSA), Ottawa, Ontario has a
requirement for the provision of maintenance services for its
fleet of three Heiman Cargo Vision Mobile (HCVM) inspection
systems.
The purpose of this Advance Contract Award Notice (ACAN) is to
signal the government's intention to award a contract for these
services to Smiths Detection Montreal Inc., Mississauga,
Ontario. Before awarding a contract, however, the government
would like to provide other suppliers with the opportunity to
demonstrate that they are capable of satisfying the requirements
set out in this Notice, by submitting a statement of
capabilities during the 15 calendar day posting period.
If other potential suppliers submit a statement of capabilities
during the 15 calendar day posting period that meet the
requirements set out in the ACAN, the government will proceed to
a full tendering process on either the government's electronic
tendering service or through traditional means, in order to
award the contract.
If no other supplier submits, on or before the closing date, a
statement of capabilities meeting the requirements set out in
the ACAN, a contract will be awarded to the pre-selected
supplier.
2. Background
CBSA currently maintains a fleet of three (3) HCVM inspection
systems. These systems are located in British Columbia
(Vancouver), Nova Scotia (Dartmouth) and Quebec (Montreal). The
systems must be operational 97% of the time, 24 hours a day,
seven days a week.
The proposed maintenance service contract is for a period of
one year, commencing from April 1, 2015 expirying 31 March 2016.
The proposed contract will include an irreovocable option to
extend the contract by one additional one year period.
The estimated value of the contract, including options, is
$1,800,000.00 (Applicable Taxes extra).
3. Minimum Essential Requirements
Any potential supplier must demonstrate, by way of a statement
of capability, that it meets the following requirements:
3.1 The proposed supplier must be able to provide Level 1, Level
2 and Level 3 maintenance services for the Smiths (HCVM)
inspection systems, including preventive and corrective
maintenance services.
3.2 The proposed supplier must be able to provide certified
trained technicians capable of servicing the said equipment.
3.3. The proposed supplier must be capable of supply and
installing future system enhancements that improve operational
capability, reliability and refficiency.
4. Applicability of the trade agreements to the procurement
This procurement is subject to the following trade agreements:
North American Free Trade Agreement (NAFTA)
World Trade Organization - Agreement on Government Procurement
(WTO-AGP)
5. Comprehensive Land Claims Agreement(s)
Not Applcable.
6. Justification for the Pre-Selected Supplier
It is proposed to negotiate this requirement on a limited
tendering basis with Smiths Detection, the Original Equipment
Manufacturer (OEM), who is the only known company capable of
providing extensiive in-house design, special tools and test
equipment, engineering capabilities and system enhancements to
provide complete and comprehensive product support and
maintenance at all levels of services for the HCVM inspectin
systems.
7. Government Contracts Regulations Exception
The following exception to the Government Contracts Regulations
is invoked for this procurement under subsection 10.2 paragraph
6(d) - "only one person is capable of performing the work".
8. 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:
Limited tendering provisions under WTO-APG Article XV.1(b) and
NAFTA Article 1016.2(b) for reasons based on exclusive rights
will apply.
World Trade Organization - Agreement on Government Procurement
WTO-AGP 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.
North American Free Trade Agreement
NAFTA 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.
9. Ownership of Intellectual Property.
Ownership of any Foreground Intellectual Property arising out
of the proposed contract will vest in the Contractor.
10. Name and address of the pre-identified supplier:
SMITHS DETECTION MONTREAL INC.
7030 Century Ave.
Mississauga, Ontario
L5N2V8
Canada
Operating as: SMITHS DETECTION CANADA
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 closing date and time for accepting statements of
capabilities is March 30, 2015, 14:00 EDT.
12. Inquiries and statements of capabilities are to be directed
to:
Lynda Saunders
Supply Specialist
Public Works and Government Services Canada
Acquisitions Branch
Commercial Consumer Products Directorate
11 Laurier Street
Portage III, 6A2
Gatineau, Quebec, K1A 0S5
Telephone: (819) 956-6851
Facsimile: (819) 956-3814
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.
