Un spectromètre RMN digital à haute performance

Trade Agreement: CETA / WTO-AGP / CPTPP / 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: 
BRUKER LTD.
2800 Highpoint Drive, Suite 206
Milton Ontario
Canada
L9T6P4
Nature of Requirements: 

Amendment no. 1
The Advanced Contract Award Notice has been amended as follows: 

DELETE:
The equipment must be delivered before March 31, 2019 preferably by february 2019 if possible. 

INSERT: 
The equipment must be delivered not before April 01, 2019.


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. 

Definition of the requirement 
The Department of Health Canada located in Montreal, P.Quebec has a requirement for the supply of one (1) Avance Neo 400 MHz Ascend NMR equipped with a prodigy cryoproble and 'Sample Xpress 7m' 60 sample autosampler. The equipment will be fully compatible with the other NMR instruments presently in use in the Vancouver and Toronto Drug Analysis Service (DAS) laboratories of Health Canada. It is critical that all three DAS sites have access to the same equipment to ensure that the same forensic drug services are available to all Canadians.  The Montreal NMR is required to have the same hardware and software setup to ensure that methods and spectral libraries are identical and may be shared between the three DAS sites.  Internal and external samples are compared each year to ensure that equivalent results are issued by each laboratory.  

In addition to analyzing foresnic drug samples submitted by various enforcement agencies across Canada, DAS has an additional mandate to provide time-sensitive analysis and information to local health authorities when dangerous or new drugs are seen in the community for the first time.  

Criteria for assessment of the Statement of Capabilities (Minimum Essential Requirements) 
With the specified Bruker NMR configuration and the DAS custom nmrquant algorithm , an analyst can set-up a NMR sequence, hit start and quantify 5-10 samples in an hour.  In contrast, a traditional LC quantitation of fentanyl in the DAS laboratory typically take 12-24 hours for a 5-10 sample batch.  The sensitivity of the BRUKER prodigy cryoprobe and the capacity of the 60 sample autosampler provide the unattended operation in the evenings and weekends.  The capacity to analyze and process large batches allows DAS to maximize instrument analysis time and ensure that DAS continues to meet the growing demand for timely and accurate forensic results.  The Algorithm was written for interfacing and manipulating BRUKER DATA as it was developed on a Bruker instrument in Vancouver DAS laboratory. Therefore, only BRUKER can provide an instrument that will allow interfacing with this algorithm.  

Applicability of the trade agreement(s) to the procurement.
This procurement is subject to the following trade agreement(s):
Canadian Free Trade Agreement (CFTA)
World Trade Organization - Agreement on Government Procurement (WTO-AGP)
North American Free Trade Agreement (NAFTA)
Canada-European Union Comprehensive Economic and Trade Agreement (CETA)

Set-aside under the Procurement Strategy for Aboriginal Business 
The Procurement Strategy for Aboriginal Business does not apply to this procurement. 

Comprehensive Land Claims Agreement(s) 
This procurement is not subject to the Comprehensive Land Claims Agreements. 

Justification for the Pre-Identified Supplier 
Only the company Bruker Ltd is capable of meeting Health Canada's requirements for the purchase of an Avance Neo 400 MHz Ascend NMR equipped with a prodigy cryoprobe and 'Sample Xpress 7m' 60 sample autosampler for the Montreal Drug Analysis Service (DAS) laboratory. A system that is fully compatible with the other NMR instruments presently in use in the Vancouver and Toronto DAS laboratories of Health Canada.  

Bruker Canada is the supplier for Bruker Biospin who is the manafacturer of the NMR equipment and software being purchased. This is a proprietary product trademarked and patented.  
This equipment and software is required to be compatible with existing equipment installed in or used by the other two Drug Analysis Service (DAS) laboratory sites of Health Canada to implement the custom NMR algorithm created by Vancouver DAS which was designed and validated to work with Bruker proprietary software and hardware.

DAS has invested four years of method development, in house and external training and NMR specialist time to develop a custom multi-component, multi-integral algorithm that utilizes proprietary Bruker software to quantitate and identify multiple drugs in complex mixtures in a single NMR experiment.  The components being analyzed range from 1-99% in a 5 mg sample (or less) submitted by local health authorities. As these samples are often related to critical overdose investigations it is vital that the NMR have the sensitivity to quantitate poly-drug mixtures including low level fentanyl (1% w/w calculated as the base) in 5 minutes or less.  This NMR application is a vital component in conveying time-sensitive results to local health authorities and implementation of the Government of Canada : Federal Action on Opioids. 

Government Contracts Regulations Exception(s) 
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 contract". 

Exclusions and/or Limited Tendering Reasons 
The following exclusion(s) and/or limited tendering reasons are invoked under the (section of the trade agreement(s) specified):
-Canadian Free Trade Agreement (CFTA) Article 513 b (ii)
-World Trade Organization - Agreement on Government Procurement (WTO-AGP) Article X111 b(ii) and c(i)and c(ii). 
-North American Free Trade Agreement (NAFTA) Article 1016 2(b) 
-Canada-European Union Comprehensive Economic and Trade Agreement (CETA) Article X111 b(ii) and c(i)and c(ii).

Ownership of intellectual property:
N/A

Period of the proposed contract or delivery date 
The equipment must be delivered before March 31, 2019 preferably by february 2019 if possible. 

Cost estimate of the proposed contract 
The estimated value of the contract, is at a range of 672,000$ and 692,000 $ ,GST/HST extra. 

Name and address of the pre-identified supplier 
Bruker Ltd
2800 Highpoint Drive
Suite no. 206
Milton, Ontario
L9T 6P4
Canada 
 
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.

Closing date for a submission of a statement of capabilities 
The closing date and time for accepting statements of capabilities is:
February 8,2019 at 2:00 p.m. EST. 

Inquiries and submission of statements of capabilities.
Inquiries and statements of capabilities are to be directed to: 
MARY PARADIS, Acting, Supply Specialist 
800 rue de la Gauchetière, ouest,
Place Bonaventure, South West Portal, 
7th Floor, Suite 7300, Montreal, P.quebec 
Telephone: 514-702-8173
Facsimile: 514-496-3822
E-mail: mary.paradis@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.