Preventive Maintenance Agreement with manufacturer of a Liquid Chromatograph – Mass Spectrometer (LC-MS)

HEALTH CANADA ADVANCE CONTRACT AWARD NOTICE

TITLE:   Preventive Maintenance Agreement with manufacturer of a Liquid Chromatograph – Mass Spectrometer (LC-MS)

SOLICITATION NUMBER:   1000165771

1.  The purpose and explanation of an ACAN

An Advance Contract Award Notice (ACAN) allows Health Canada contracting authorities to post a notice on the Government Electronic Tendering System (GETS), for no less than fifteen (15) calendar days, indicating to the supplier community that a good, service or construction contract will be awarded 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.

2.  Rights of suppliers

Suppliers who believe that they are fully qualified and available to provide the services or goods described in this ACAN may submit a Statement of Capabilities clearly demonstrating how they meet the advertised requirement. This Statement of Capabilities must be provided via e-mail only to the contact person identified in Section 12 of the Notice on or before the closing date and time of the Notice. If there is a reasonable level of evidence regarding capability, the requirements will be opened to electronic or traditional bidding processes.

3.  Proposed Contractor

Thermo Fisher Scientific (Mississauga) Inc.
4 – 2845 Argentia Road
Mississauga, Ontario

4.  Definition of Requirements or Expected Results

The Environmental Health Science and Research Bureau at Health Canada  would like to put in place a three-year preventative maintenance agreement with the manufacturer of its Liquid Chromatograph-Mass Spectrometer (LC-MS).  The instrument is used to support research under the Chemicals Management Plan for the measurement of various contaminants in environmental and biological matrices.  The manufacturer, Thermo Fisher Scientific, has proprietary rights to the design and software utilized in the instrument and, therefore, is the only company with access to performance verified component parts and certified and factory trained engineers available to service the instrument. 


5.  Minimum requirements

Any interested supplier must demonstrate by way of a Statement of Capabilities that it meets the following minimum requirements: 

a.  Must have Thermo Fisher Scientific-certified and factory trained engineers who can service the Liquid Chromatograph – Mass Spectrometer (LC-MS) in order to preserve the warranties on the equipment;

b.  Must be able to provide performance verified component parts for the Thermo Fisher Scientific LC Mass Spectometer.

c.  Must be able to provide on-site preventative maintenance and services on demand to Health Canada’s location in Ottawa, Ontario.

6.  Reason for non-competitive award

Section 6 of the Government Contracts Regulations contains four exceptions that permit the contracting authority to set aside the requirement to solicit bids.  For the proposed procurement, the following exception applies:

(d)	Only One Person or Firm is capable of performing the contract.

The manufacturer, Thermo Fisher Scientific, has proprietary rights to the design and software utilized in the instrument and, therefore, is the only company with access to performance verified component parts and certified and factory trained engineers available to service the instrument. 


7.  Applicable trade agreements and justification for limited tendering or the Procurement Strategy for Aboriginal Business

This requirement is subject to the North American Free Trade Agreement (NAFTA) and the Agreement on Internal Trade (AIT).  

The requirement is being directed to the proposed supplier as permitted under the following sections of the above trade agreements:

•	Article 506, 12(a) of the Agreement on Internal Trade (AIT)
•	Article 1016, 2(b) of the North American Free Trade Agreement (NAFTA

which allows for contracts to be directed to a particular firm when the products or services can be supplied only by a particular supplier and no reasonable alternative or substitute exists.

This requirement is not subject to the Procurement Strategy for Aboriginal Business.


8.  Ownership of Intellectual Property

Intellectual Property shall vest with the Contractor.

9.  Period of the proposed contract

The services of the Contractor will be required for a period of three years, commencing on December 6, 2014 and ending December 5, 2017.

10.  Estimated value of the proposed contract
 
The total value of the contract shall not exceed $110,000 paid out over three fiscal years  (FY2014-15 FY2015-16 and FY2016-17), including all applicable taxes.


11. Closing date and time 

The closing date and time for accepting Statements of Capabilities is 7th of November 2014, 2 p.m. EST).

12.  Contact Person

All inquiries with regard to this Notice must be addressed by e-mail to:

Name:   Robert Merrick
E-Mail:    Robert.Merrick@hc-sc.gc.ca