Hydrogenics Fuel Cell

Trade Agreement: NAFTA/AIT/Canada-Peru FTA/Canada-Colombia FTA
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: 
Hydrogenics Corporation Incorporated
5985 McLaughlin Road
Mississauga Ontario
Canada
L5R1B8
Nature of Requirements: 
Hydrogenics Fuel Cell

31184-117687/A
Quinn, Laurie
Telephone No. - (819) 956-3824 
Fax No. - (819) 956-3814

1.	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.	The National Research Council Canada have a requirement for a
fuel cell power module 		(FCPM) in the power range of 90 kW. It
is intended to negogiate with Hydrogenics 		Corporation
Incorporated for the supply of systems identified as:

	1. HyPM HD90 Fuel Cell Power Module

	2. Electrical Mating Connector Kit, Part Number 1036279

	3. PC USB to CAN Interface, Part Number 2002094

3.	Minimum Essential Requirements

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

	1.0	A fuel cell module with a rated power higher than 88kW;
	
	2.0	A fuel cell module with a volume of less than 495 litres;
	
	3.0	A fuel cell module with a minimum start up temperature
below 0ºC;

	4.0	A fuel cell module rated for storage below -30ºC;

	5.0	A fuel cell module capable of operation without a
humidication system for the 			reactant gases;

	6.0	With software support to develop a hybrid fuel cell system
numerical model 			capable of  planning and pre-validating the
integration of the fuel cell module into 		a hybrid light rail
vehicle.


4.	Applicability of the trade agreement(s) to the procurement 
	
	This procurement is subject to the following trade
agreement(s):	
	
	Agreement on Internal Trade (AIT) 
	World Trade Organization - Agreement on
	 Government Procurement (WTO-AGP)
	North American Free Trade Agreement (NAFTA)
	Canada-Peru FTA 
	Canada-Columbia FTA 

5. 	Set-aside under the Procurement Strategy for Aboriginal
Business

	Not Applicable.

6.	Comprehensive Land Claims Agreement(s)
	
	Not Applcable.

7.	Justification for the Pre-Identified Supplier 

	Two very unique technical features to Hydrogenics Corporation
fuel cell are; one-size and 	two-environmental performance.

	Size; Due to rail vehicle related {interior/exterior}
restricted footprint (space), a H2 fuel 		cell and its
components cannot occupy more than a displacement of 762 litres.
Thus the 		vehicle cannot accept /accommodate a fuel cell
displacing a greater volume.Hydrogenics 		offers a fuel cell
with components that accommodates the restricted volume.

	Environment; This project will test the rail vehicle during
winter months, Hydrogenics 		offers a fuel cell that requires no
on board water for reactant humidification. Having this
		capacity, precludes heating the vehicle to ensure the water
does not freeze at winter 		temperatures {testing will be done
in Kingston, Ontario}and also operating the vehicle 		during
cold weather & winter conditions.

	Hydrogenics Corporation was selected in-part because it has: a
demonstrated expertise 		integrating fuel cell systems into
transportation applications; and experience with 			hydrogen
delivery, fueling, and on-board storage for transportation
applications.  			Additionally, Hydrogenics Corporation is the
only supplier with a fuel cell module with a 		rated power
higher than 88kW, a volume of less than 495 litres, a minimum
start up 		temperature below 0ºC, and that is rated for storage
below -30ºC.  Lastly, Hydrogenics 		has proprietary software
capable of developing a hybrid fuel cell system numerical model
		for planning and pre-validating the integration of the fuel
cell module into a hybrid light 		rail vehicle.

8.	Government Contracts Regulations Exception(s)

	The following exception to the Government Contracts Regulations
is invoked for this 		procurement under subsection 10.2 Section
6(d) - "only one person is capable of 			performing the work").

9.	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:

	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 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; 

10.	Ownership of Intellectual Property.

	Ownership of any Foreground Intellectual Property arising out
of the proposed contract 		will vest in the Contractor.

11.	The period of the proposed contract or the delivery date.

	The fuel cell module must be delivered by 30 March 2012. 

	Delivery date for optional quantities will be within a year
after contract award.

12.	A cost estimate of the proposed contract. 

	The estimated value of the contract including option(s) , is $
350,000.00 (GST/HST 		extra).

13.	Name and address of the pre-identified supplier:

	Name: Hydrogenics Corporation Incorporated
	Address: Mississauga, Ontario L5R 1B8, Canada





14.	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.

15.	The closing date for a submission of a statement of
capabilities. 

	The closing date and time for accepting statements of
capabilities is 21 March 2012 at 		2:00 p.m. EST.


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.