Excellence D5 density meter

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: 
Mettler-Toledo, Inc.
2915 Argentia Rd
Unit 6
Mississauga Ontario
Canada
L5N8G6
Nature of Requirements: 

Excellence D5 density meter

H4133-193051/A

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 
Health Canada (HC) has a requirement for the supply of one Mettler-Toledo D5 Density Meter and accessories, plus installation and user training for up to 4 persons. The product must meet the following specifications:
• Measurement range from 0 to 3 g/cm3; 
• Accuracy of ± 0.00005 g/cm3;
• Repeatability of 0.000005 g/cm3;
• Resolution of 0.00001 g/cm3; 
• Temperature control range from 0°C to 95°C; and
• An automated sample heated system, allowing for the introduction of samples to the density meter using pressurized air up to 36,000 mPa. 

3. Criteria for assessment of the Statement of Capabilities (Minimum Essential Requirements)
Any interested supplier must demonstrate by way of a Statement of Capabilities that its product meets all of the requirements detailed at item 2 above.

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

5. Justification for the Pre-Identified Supplier 
HC’s Tobacco Control Directorate is mandated to evaluate the relative health risks associated with e-cigarettes compared to traditional tobacco products. This includes testing of the vaping products available on the Canadian market, which involves the use of a density meter. Vaping liquids (e-liquid) are highly viscous in nature and also may present many layers of complexity due to the varying amounts of the major components; propylene glycol and glycerin, as well as nicotine concentration levels and a vast array of flavor compounds. 

The proposed density meter is the only one of its kind that HC knows of that offers an automated temperature programming of up to 80°C, which is a critical component in testing such complex samples. Sample heating integrated within the density meter equipment will allow setting desired temperatures for analysis, thus observing the effects of temperature on the different components of the vaping liquid, and is therefore is an essential feature for analyzing viscous samples such as e-liquids (liquid refill solution for electronic cigarettes). Mettler-Toledo, Inc. is the original equipment manufacturer (OEM) and exclusive source of this density meter, owns all related Intellectual Property, and has no authorized resellers.

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

7. Exclusions and/or Limited Tendering Reasons
• Canadian Free Trade Agreement (CFTA): Article 513: Limited Tendering (b, iii.): The goods can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist due to an absence of competition for technical reasons due to an absence of competition for technical reasons;
• North American Free Trade Agreement (NAFTA) Article(s) 1016: Limited Tendering Procedures: The goods can be supplied only by a particular supplier where 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. Ownership of Intellectual Property 
Ownership of any Foreground Intellectual Property arising out of the proposed contract will vest in the Contractor.

9. Period of the proposed contract or delivery date 
The product must be delivered on or before March 31, 2020. 

10. Name and address of the pre-identified supplier 
Mettler-Toledo, Inc.
2915 Argentia Road Unit 6
Mississauga, Ontario
L5N 8G6

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 Thursday, October 10, 2019 at 2:00 p.m. Eastern Daylight Time. 

13. Inquiries and submission of statements of capabilities 
Mark Walton
Telephone: 343-550-1661
E-mail: mark.walton@pwgsc-tpsgc.gc.ca 

Delivery Date: 31/03/2020

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.