CLOTHING INSECT REPELLENT (PERMETHRIN)

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 Department of National Defence has a requirement to establish a Standing Offer for the manufacturing, labeling, packaging and shipping of Permethrin 0.5% aerosolized clothing treatment and Permethrin 40% product to be delivered to the Central Medical Equipment Depot (CMED), Petawawa Ontario.

The annual volume is estimated at approximately 7,500 permethrin 0.5% aerosolized clothing treatments and 35,000 permethrin 40% products per year.

3. Criteria for assessment of the Statement of Capabilities (Minimum Essential Requirements).

3.1 Any interested supplier must demonstrate by way of a statement of capabilities that its Permethrin products meets the following requirements:

3.1.1 Permethrin 40% product

(i) The Offeror must demonstrate that their Permethrin 40% is registered under the Health Canada Pest Management Regulatory Agency (PMRA). The Offeror must provide pest control products registration number.

(ii) The Offeror must demonstrate with a batch certificate that their Permethrin has a concentration of 40%.

(iii) The Offeror must demonstrate with a batch certificate that their Permethrin 40% product has a shelf life of a minimum 24 months at 15 - 30°C.

(iv) The Offeror must demonstrate that their proposed Permethrin 40% product has the following information included on its product label:

a. Ensure that all containers of Permethrin 40% product is labeled in accordance with PMRA requirements. As a minimum, product labels are to include:

• Product name;
• Ingredients;
• Product registration number under Pest Control Products Act;
• *Precautions;
• *Toxicology information;
• *Directions for use; and
• *First Aid instructions.

All labels must be printed in both official languages, English and French.

* If not on primary label, the Offeror must provide copy of labels, brochure/leaflet where to find the information on the precautions, toxicology, the direction of use and the First Aids instruction. The information (brochures or leaflets) must be included in the product package system.

b. The Offeror must provide copies of both the primary and secondary labels, including any brochures or leaflets. If the product is part of a kit then a photo, drawing or diagram of all components must be provided.

(v) The Offeror must demonstrate that the case label of their proposed Permethrin 40% product includes as a minimum the product name. The Offeror must provide a picture of the case labelling.

3.1.2 Permethrin 0.5% aerosolized clothing treatment

(i) The Offeror must demonstrate that their Permethrin 0.5% aerosolized clothing treatment is registered under the Health Canada Pest Management Regulatory Agency (PMRA). The Offeror must provide pest control products registration number.

(ii) The Offeror must demonstrate their Permethrin 0.5% aerosolized clothing treatment the following pesticide concentration and container type:

a. Active ingredient: Permethrin;

b. Concentration: 0.5%

c. A minimum volume of 175ml/bottle to a maximum volume 250ml/bottle

d. Route of Administration: Aerosolized

The Offeror must provide a copy of the product label (front and back).

(iii) The Offeror must demonstrate with a batch certificate that their Permethrin 0.5% aerosolized clothing treatment has a shelf life of a minimum 36 months at 15 - 30°C.

(iv) The Offeror must demonstrate that all containers of Permethrin 0.5% aerosolized clothing treatment labeled in accordance with PMRA requirements. As a minimum, tube labels are to include:

a. Product name;

b. Ingredients;

c. Product registration number under Pest Control Products Act;

d. Directions for use;

e. Precautions;

f. First Aid instructions; and

g. Toxicology information.

All labels must be printed in both official languages, English and French. The Offeror must provide a picture of the tube label.

(v) The Offeror must demonstrate that the case label of their proposed Permethrin 0.5% aerosolized clothing treatment includes as a minimum the product name. The Offeror must provide a picture of the case labelling.

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

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

a. Canadian Free Trade Agreement (CFTA);

b. Revised World Trade Organization - Agreement on Government Procurement (WTO-AGP);

c. Canada-European Union Comprehensive Economic and Trade Agreement (CETA);

d. Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP);

e. Canada-Chile Free Trade Agreement (CCFTA);

f. Canada-Colombia Free Trade Agreement;

g. Canada-Honduras Free Trade Agreement;

h. Canada-Korea Free Trade Agreement;

i. Canada-Panama Free Trade Agreement;

j. Canada-Peru Free Trade Agreement (CPFTA);

k. Canada-Ukraine Free Trade Agreement (CUFTA); and

l. Canada United Kingdom Trade Continuity Agreement

5. Justification for the Pre-Identified Supplier

Sawyer Products Inc., the pre-identified supplier, is the only know supplier that sells both Permethrin 0.5% spray and Permethrin 40% product for military use.

6. Government Contracts Regulations Exception

The following exception to Government Contracts Regulations (GCRs) from http://laws-lois.justice.gc.ca/eng/regulations/SOR-87-402/page-2.html#h-6) is applicable:

(d) only one person is capable of performing the contract.

7. Exclusions and/or Limited Tendering Reasons

. Canadian Free Trade Agreement (CFTA) – Article 513 (1) (b) (iii): due to an absence of competition for technical reasons;

b. World Trade Organization - Agreement on Government Procurement (WTO-AGP) – Article XIII (b) (iii): due to an absence of competition for technical reasons;

c. Canada-European Union Comprehensive Economic and Trade Agreement (CETA) –Article 19.12 (b) (iii): due to an absence of competition for technical reasons;

d. Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) – Article 15.10 (2) (b) (iii): due to an absence of competition for technical reasons;

e. Canada-Chile Free Trade Agreement (CCFTA) – Article Kbis-9 (b): an absence of competition for technical reasons;

f. Canada-Colombia Free Trade Agreement – Article 1409 (1) (b) (iii): due to an absence of competition for technical reasons;

g. Canada-Honduras Free Trade Agreement – Article 17.11 (2) (b) (iii): due to an absence of competition for technical reasons;

h. Canada-Korea Free Trade Agreement – referencing the WTO Protocol Amending the GPA, Article XIII (1) (b) (iii): due to an absence of competition for technical reasons;

i. Canada-Panama Free Trade Agreement – Article 16.10 (1) (b) (iii): because of the absence of competition for technical reasons;

j. Canada-Peru Free Trade Agreement (CPFTA) –Article 1409 (1) (b) (iii): due to an absence of competition for technical reasons;

k. Canada-Ukraine Free Trade Agreement (CUFTA) – Annex 10-13 (b) (iii): due to an absence of competition for technical reasons; and

l. Canada-United Kingdom Trade Continuity Agreement: refer to CETA as the provisions of CETA are incorporated by reference into and made part of this Agreement. (CETA) Article 19.12 (b) (iii): due to an absence of competition for technical reasons.

8. Period of the proposed Standing Offer or delivery date

The proposed Standing Offer period is from date of standing offer award to 31 March 2025 with two (2) additional one (1) year optional periods.

9. Cost estimate of the proposed Standing Offer

The estimated value of the Standing Offer, including options is $2,720,000.00 (taxes not applicable).

10. Name and address of the pre-identified supplier

Name: Sawyer Products Inc.

Address: PO Box 188

11. Suppliers' right to submit a statement of capabilities

Suppliers who consider themselves fully qualified and available to provide the goods 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 25 April 2022 at 2:00 p.m. EDT.

13. Inquiries and submission of statements of capabilities 

Inquiries and statements of capabilities are to be directed to:

Name: Marie-Diane Payeur
Title: Senior Procurement Officer
E-mail: Marie-Diane.Payeur@forces.gc.ca