Retro Super L man to 602 Servo 0307

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: Interchangeable Parts
Comprehensive Land Claim Agreement: No
Vendor Name and Address: 
JOHN D. NEWITT, CAL-CHEK CANADA
250 GOVERNOR'S ROAD
DUNDAS Ontario
Canada
L9H3K3
Nature of Requirements: 
Retro Super L man to 602 Servo 0307

23240-130267/A
Martins, Christina
Telephone No. - (819) 956-6911 
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)	Natural Resources Canada, has a requirement for the supply,
installation, calibration, 			certification and manuals for one
(1) Retro Super L man to 602 Servo 0307 to be used for tensile
		pull testing. It is intended to negotiate with Cal-Chek Canada
for the supply, calibration, 			certification and manuals and
training for the Retro Super L man to 602 Servo 0307 identified
		below:

a.	Retro Super L man to 602 Servo 03070041, Qty 1
b.	Materials Testing (UTM) 21001100, Qty 1
c.	Additional Program Module 21001140, Qty 1
d.	Closed Loop control AFM 21001126, Qty 1

3)	Minimum Essential Requirements

	Any interested supplier must demonstrate by way of a statement
of capabilities that its Retro 		Super L man to 602 Servo 0307
meets the following requirements:

	1)    To meet ASTM, ISO specifications for accuracy
	2)     Accuracy is within +/- 0.5% of indicated load from 0.2%
to 100% of capacity.
	3)     Calibrations to meet ISO/IEC 17025 requirements

4.	Applicability of the trade agreement(s) to the procurement 
	
	This procurement is subject to the following trade agreements:	
	
	Agreement on Internal Trade (AIT) 
	North American Free Trade Agreement (NAFTA)	
	
5.	Justification for the Pre-Identified Supplier 

	Tinius Olsen has allowed Cal-Chek Canada to serve as the sole
Canadian Distributor of the 		Retro Super L man to 602 Servo
0307.  This procurement serves as an upgrade to an existing 62
		year old Tinius Olsen Super L-120 system.  This upgrade is
necessary in order to meet the 		present demands by Industry for
Ground Support Research to assist the competitiveness and
		productivity of deep mines.

6.	Government Contracts Regulations Exception(s)

	10.2 Exceptions 10.2.1 Section 6 of the Government Contracts
Regulations contains four 			exceptions that permit the
contracting authority to set aside the requirement to solicit
bids. 
	
	These are:

	a.the need is one of pressing emergency in which delay would be
injurious to the public interest;

	b.the estimated expenditure does not exceed $25,000, $100,000,
where the contract is for the 		acquisition of architectural,
engineering and other services required in respect of the
planning, 		design, preparation or supervision of the
construction, repair, renovation or restoration of a work, 		or
$100,000 where the contract is to be entered into by the member
of the Queen's Privy Council 		for Canada responsible for the
Canadian International Development  Agency and is for the
		acquisition of architectural, engineering or other services
required in respect of the planning, 		design, preparation or
supervision of an  international development assistance program
or project;

	c.the nature of the work is such that it would not be in the
public interest to solicit bids; or

	d.only one person or firm is capable of performing the contract.

	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".

7.	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 (a) To ensure compatibility with existing
products, to recognize exclusiverights, 	such as exclusive
licesnses, copyright and patent rights, or to maintain
specialized products that 		must be maintained by the
manufacturer or its representative.

	North American Free Trade Agreement
	NAFTA 1016.2 (d) 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
interchangeability 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.

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

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

	Delivery must be received by 31 March, 2013. 

10.	A cost estimate of the proposed contract. 

	The estimated value of the contract is $56,415.25 (GST/HST
included).

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

	Name: Cal-Chek Canada	
	Address: Dundas, Ontario

12.	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.

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

	The closing date and time for accepting statements of
capabilities is 17 December, 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.