Potato Chips

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: 
Old Dutch Foods Ltd.
6403 48th St S.E.
Calgary Alberta
Canada
T2C3J7
Nature of Requirements: 
Old Dutch Potato Chips, For Corrections Services Canada
Institution within Alberta.

Potato Chips

21530-14S001/A
Ray, Jane
Telephone No. - (403) 292-5318 
Fax No. - (403) 292-5786


ADVANCE CONTRACT AWARD NOTICE


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.

Requirement:  

A Regional Individual Standing Offer for the supply and delivery
of Old Dutch snack foods for the Department of Correctional
Service Canada to various Institutions throughout Alberta. The
period of the Standing Offer will be for one (1) year from date
of issuance, with two (2) additional one (1) year option
periods. 

Applicability of the trade agreement(s) to the procurement:

This procurement is subject to the following trade agreements: 

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

Justification for the Pre-Identified Supplier

The products required were selected by a committee consisting of
inmates at the identified institutions on behalf of all inmates.
The products voted for are OLD DUTCH snack foods. These products
are purchased with inmate money and no Public funds will be used
to support this program.

The manufacturer of "Old Dutch" chips sets the price that all of
their distributors must legally abide by. Distributors will be
delivering to all locations of this RISO, at the manufacturer's
discounted price. 

The inmates will be receiving the best price possible from the
Manufacturer. 

Delivery Date Required:  All deliveries are to be made within
Two (2) days from receipt of order or as stated in the Call-up
Document.

Delivery Locations in Alberta:

		Bowden Institution, Innisfail AB
               	Drumheller Institution, Drumheller AB
		Edmonton Institution, Edmonton AB									Edmonton Institution
for Women, Edmonton AB
		Pê Sâkâstêw Centre, Hobbema AB
Government Contracts Regulations Exception:

The following exception to the Government Contracts Regulations
is invoked for this procurement under subsection 6.(d) - Only
one person is capable of performing the contract.

Exclusions and/or Limited Tendering Reasons

The following exclusions and/or limited tendering reasons are
invoked under the following:

Agreement on Internal Trade (AIT) exemption - 

Article 518, Definitions

Procurement  means the acquisition by any means, including by
purchase, rental, lease or conditional sale, of goods, services
or construction, but does not include: 

(b) government provision of goods and services to persons or
other government organizations;

World Trade Organization - Agreement on Government Procurement 
(WTO-AGP) Exemption - 

Appendix 1 General Notes

Procurement in terms of Canadian coverage is defined as
contractual transactions to acquire property or services for the
direct benefit or use of the government.  The procurement
process is the process that begins after an entity has decided
on its requirement and continues through to and including
contract award.  It does not include non-contractual agreements
or any form of government assistance, including but not limited
to, cooperative agreements, grants, loans, equity infusions,
guarantees, fiscal incentives, and government provision of goods
and services, given to individuals, firms, private institutions,
and sub-central governments.  It does not include procurements
made with a view to commercial resale or made by one entity or
enterprise from another entity or enterprise of Canada.

North American Free Trade Agreement (NAFTA) Exemption - 

Article 1001, Scope and Coverage

5. Procurement includes procurement by such methods as purchase,
lease or rental, with or without an option to buy. Procurement
does not include: 

(a) non-contractual agreements or any form of government
assistance, including cooperative agreements, grants, loans,
equity infusions, guarantees, fiscal incentives, and government
provision of goods and services to persons or state, provincial
and regional governments;

Cost estimate of the proposed contract

The estimated value of the contract, including option(s), is
between $266,379.50 and $799,138.50 CAD, (GST/HST included).

Name and address of the pre-identified supplier

Supplier:	
		Old Dutch Foods Ltd.
		80, 6403 48th St SE 
		Calgary, AB  T2C 0A9

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.

Closing date for a submission of a statement of capabilities:

The closing date and time for accepting statements of
capabilities is February 3, 2014 at 2:00 PM  MST.

Inquiries and submission of statements of capabilities 

Inquiries and statements of capabilities are to be directed to:

Jane Ray, Supply Officer
1650- 635 8th Ave,
Calgary AB  T2P 3M3

Telephone:  403-292-5318
Facsimile:  403-292-5786
E-mail:  jane.ray@pwgsc-tpsgc.gc.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.