Pilot-scale powder blender with interchangeable shells

Trade Agreement: NAFTA / CFTA / FTAs with Peru / Colombia / Panama / Korea
Tendering Procedures: Generally only one firm has been invited to bid
Non-Competitive Procurement Strategy: Exclusive Rights
Comprehensive Land Claim Agreement: No
Vendor Name and Address: 
GLOBEPHARMA INC
P.O. BOX 10837
NEW BRUNSWICK New Jersey
United States
08906
Nature of Requirements: 

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 
Environment and Climate Change Canada (ECCC) has a requirement for the supply of a MAXIBLEND® 
Pilot-scale powder blender with interchangeable shells.  The blender will be used to prepare solid samples for proficiency testing.

The Information and Quality Management (IQM) group of Environmental Science and Technology Laboratories (ESTL) Division, Water S&T Directorate/S&T Branch, Environment and Climate Change Canada is an accredited provider of Proficiency Testing samples and Reference Materials under 150/IEC 17043:2010 Conformity assessment -- General requirements for  proficiency testing and ISO 17034: 2016 General requirements for the competence of reference material producers. IQM  produces both aqueous and solid samples.

The solid samples are prepared using two rotary v-blenders with maximum capacities of 16L and resulting working capacities of approximately 12L. The proposed blender from Globe Pharma has a 1 cu. Ft. capacity (approximately 28L) v-blender shell and  intensifier bar to disperse and breakup material while mixing. This blender also has the ability to use v-blender shells, double cone and bin shells. The capacities of these optional shells ranges from 1/32 cu. Ft. to 2 cu. ft. allowing  flexibility for  any  required  future configurations.

3. Any interested supplier must demonstrate by way of a statement of capabilities that its system meets the following requirements: 

The blender must be a compact design self-contained tumble blender for use with powders, accommodating 1 and 2 cu.ft V­ shells, bins, or double cones. The blender must have a shell working capacity of up to 1 cu. ft. (total volume is 1.75 cu. ft.) 28 Land 56 L (total volume is 49.5L)
The shell fixed speed must be minimum 18 rpm, 1.0 HP drive

The blender must include features:
• Interchangeable shells w/ pharmaceutical finish
• Ability to accommodate V-shells, bins, and double cones of 1 cu.ft. working capacity
• Easy loading of materials into the shells
• PLC controls
• High-speed solid intensifier bars for both V-shells as well as bins and double cones 
• Portable safety guard and other standard  safety   features
• Automatically stop at home position after blending is completed
• Sanitary butterfly valve
• 304 Stainless Steel cart to hold and carry the shells
• Easy cleaning of shells

• The blender must have the following optional features: 

Optional 1 cu ft. SIFT-N-BLEND™ (Patent Pending) Attachment (or equivalent)

Optional 16 quart (1/2 cu.ft) 316 stainless steel V-Shell or double cone.

4. Applicability of the trade agreements to the procurement 
This procurement is subject to the following trade agreement(s) 
o Canadian Free Trade Agreement (CFTA) 
o North American Free Trade Agreement (NAFTA)

5. Justification for the Pre-Identified Supplier 
GlobePharma is the sole manufacturer of the MAXIBLEND® Pilot-scale powder blender and owns the Intellectual Property for this product. 

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

7. Exclusions and/or Limited Tendering Reasons 
The following exclusion(s) and/or limited tendering reasons are invoked under the: 

CFTA, Article 513, paragraph 1.(b) and 1.(c) are applicable on the basis of limited tendering due to compatibility with existing products, to recognize exclusive rights, such as exclusive licenses, copyright and patent rights, or to maintain specialized products that must be maintained by the manufacturer or its representative, and when 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.

Articles 1016.2(b) and 1016.2(d) of NAFTA are applicable on the basis of limited tendering due to reasons 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, for additional deliveries by the original supplier that are intended either as replacement parts or continuing services for existing supplies, services or installations, or as the extension of existing supplies, services or installations, where a change of supplier would compel the entity to procure equipment or services not meeting requirements of inter changeability with already existing equipment or services, including software to the extent that the initial procurement of the software was covered by this Chapter.

8. Ownership of Intellectual Property 
GlobePharma owns the Intellectual Property rights and is the sole manufacturer of the MAXIBLEND® Pilot-scale powder blender.

9. Period of the proposed contract or delivery date 
The equipment must be delivered by 29 March 2019. 

10. Name and address of the pre-identified supplier 

GlobePharma, Inc.
P.O. Box 7307
North Brunswick, NJ 
08902·7307

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.  Inquiries and statements of capabilities are to be directed to: 
Lori Rombough, Supply Specialist
Public Works and Government Services Canada
Acquisitions Branch
86 Clarence Street
Kingston, ON K7L 1X3
Telephone:  613-545-8061
Facsimile:  613-545-8067
E-mail address: lori.rombough@pwgsc.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.