Supply & Install Fish Fence System

Trade Agreement: 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: 
North/South Consultants Inc.
83 Scurfield Blvd.
Winnipeg Manitoba
Canada
R3Y1G4
Nature of Requirements: 
Title: Supply & Install Fish Fence System

Solicitation Number: KW405-140578/A

Contracting Authority:
Dunphy, Ken
Telephone No. - (613) 545-8060 (    )
Fax No. - (613) 545-8067

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.  Requirement:  Supply & Install Fish Fence System

Environment Canada (EC) requires the supply and installation of
a fish fence system which will be used by EC to monitor the
migration of large fish species (northern pike, walleye, and
white sucker) into the Muskeg River, Alberta. The requirement
includes the training of EC personnel on the operation and
maintenance of the supplied fish fencing.

The fish fence system will allow EC to conduct studies on the
impacts of work in the oil sands on the migration of native fish
species. Results contribute to the requirements of the Canadian
Environmental Protection Act, and the Fisheries Act. Division
projects focus on determining the exposure and effects of oil
sands in aquatic environments, evaluating the effects of oil
sands substances on aquatic life.

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

a) Any interested supplier must demonstrate by way of a
statement of capabilities that its fish fence system meets the
following requirements: 

1.1	Must have the ability to extend to cover a river width of up
to 50 m and a river depth up to 2 m;

1.2	Must be constructed of conduit material and wire mesh
fencing which limits stress, harm and containment time on
migratory fish species;

1.2.1	The fence's channels, pipes, and brackets must be
constructed of aluminum and do not need a coating to prevent
corrosion.

1.2.2	The spacing of the mesh must be appropriate to contain
only the size of fish of the target species. The conduit used
must provide a mesh spacing which ranges from 1.5 to 1.9 cm
between holes.

1.2.3	Wire mesh floor must be used to ensure proper anchoring of
the support structure to the sand substrate. Support posts must
be strong enough and spaced appropriately to ensure the fence
remains in its intended location. 

1.3	Must be constructed of material which will withstand the
force of the river currents, the fish and any debris trapped by
the fence;

1.4	Must be constructed in a manner which limits stress, harm
and containment time on non-target species 

The Contractor must conduct a start-up meeting with EC staff
prior to installation of the fish fence system. During this
start-up meeting, EC staff will explain proper animal care
procedures for the capture and release of fish in accordance
with the Wildlife Research Permit and Collection Licence
obtained from the Alberta Environment and Sustainable Resources
Development Department.

1.5	Must be constructed in a way which allows for disassembly
after use and to be reassembled for use in consecutive years at
potentially different locations; 

1.5.1	The Contractor is not responsible for providing storage
containers.

1.6	Materials for the fish fence construction must be delivered
by the Contractor to the EC delegated helicopter company which
will sling the material in order to be transported by helicopter
to the destination of installation.

b) In addition, any interested supplier must demonstrate by way
of a statement of capabilities that it meets the following
requirements: 

The Bidder must provide a list of two projects which have been
completed within the last 84 months from the date of
solicitation closing that are relevant to the fish fence
installation in this solicitation. 

Bidders must provide a brief summary of each project, indicating
the similarities to the fish fence installation in this
solicitation along with the date, project value, client name and
contact information for each project submitted.

4.  Applicability of the trade agreements to the procurement

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

Agreement on Internal trade (AIT)
North American Free Trade Agreement (NAFTA)

5.  Justification for the Pre-Identified Supplier

The consequences of not purchasing the good/service or
contracting with the proposed supplier will prevent the
progression of the research this technology is intended to
support resulting in a delay of deliverables of priorities to
the Departmental Activity. 

The proposed consultants, North/South Consultants Inc., are the
owners and developers of the fish fence technology and owners of
the intellectual property. They have previously constructed
similar units in the geographic region and their expertise in
the region is an essential asset.

It is believed that the proposed supplier is the only
manufacturer capable of providing a product with the specified
capabilities.

This fish fence technology is already being used by
collaborators in the oil sands region which the EC research team
(National Water Research Institute) is working with. Methods
developed in past research and transferred onto new research
programs represent future cost savings. In-house training,
workshops and the ability to utilize collaborators' compatible
components are also a cost saving when a single manufacturer is
used. Furthermore, EC's sampling techniques are cross-examined
and compared to historical data as well as from study to study
in the Joint Oil Sands Monitoring Program.

6.  Government Contract Regulations Exception

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

7.  Limited Tendering Reasons

The following limited tendering reasons are invoked under the:

Agreement on Internal Trade (AIT) - Article  506-12 (b); Where
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.

North American Free Trade Agreement (NAFTA) - Article 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.

8.  Period of the Proposed Contract

The supply and installation of a fish fence system along with
the training of EC personnel on the operation and maintenance of
the supplied fish fencing must be completed by July 1, 2015.

9.  Cost estimate of the Proposed Contract

The estimated value of the contract is
$40,000.00 - $50,000.00 (applicable taxes extra).

10.  Name and address of the pre-identified supplier

North/South Consultants Inc.
83 Scurfield Blvd.
Winnipeg, Manitoba
R3Y1G4
Canada

11.  Suppliers right to submit a statement of capabilities

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.

12.  Closing Date for a Submission of a Statement of Capabilities

The closing date and time for accepting statements of
capabilities is March 12, 2015 at 2:00 p.m. EST.

13.  Inquiries and Submission of Statements of Capabilities

Inquiries and statements of capabilities are to be directed to: 

Name: 		Ken Dunphy
Title: 		Supply Team Leader
		Public Works and Government Services Canada
		Acquisitions Branch
Directorate: 	Ontario Region
Address: 	86 Clarence St. 2nd floor
Telephone: 	(613) 545-8060
Facsimile: 	(613) 545-8067
E-mail address: Ken.Dunphy@pwgsc.gc.ca

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.
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.