OmniLog PM System

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: 
BIOLOG INC
21124 Cabot Way
HAYWARD California
United States
94545
Nature of Requirements: 
H4072-123001/A
MacNeil, Jennifer
Telephone No. - (819) 956-5577 
Fax No. - (819) 956-3814

OmniLog PM system

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)	Health Canada has a requirement for the purchase of one (1)
OmniLog PM System. It is 			intended to negotiate with Biolog
Inc.

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	 The system must be designed to perform phenotype
microarray assays to characterize 			bacteria, yeast, fungi and
mammalian cells.

	2.0 	The consumable items must include the MicroPlates,
Inoculating Fluids, re-dox dye 			compounds for anaerobic
testing.

	3.0 	The system must have microplate test panels that are
automatically read and analyzed by 		the built-in software.
	
	4.0 	The system must have the ability to phenotypically assess
nitrogen sources, phosphorus 			and sulfur sources, nutrient
supplements, peptide nitrogen sources.

	5.0 	The system must have over 2000 culture conditions
simultaenously tested to optimise 			and/or analyse growth
conditions.

	6.0 	The system must have cellular characterization through
substrate utilization with re-dox 			dye based chemistries.

	7.0 	The system must have the capability of analyzing over 1900
cellular phenotypes through 			the use of a total of potentially
thirty (30) proprietary microplates.

	8.0 	The system must have individual substrates loaded into the
wells of each plate.

	9.0 	The system must have automated incubation and reading
capability for up to fifty (50) 			MicroPlates at one time with
user controlled temperature range from 22 to 45o C. 

	10.0 	The system must analyze plates every fifteen minutes and
data must be captured to 			create individual growth curves over
the assay period for each well of each MicroPlate. 

	11.0	The system must have flexible data analysis features
capable of allowing the end 	user to 			select and analyze data
using defined parameters including, but not limited to slope,
area 			under the curve and inflection times.

	12.0	The system must have data analysis software capable of
comparing samples by 				overlaying growth curve results and
selecting differences in growth patterns between 			multiple
strains.

	13.0 	The system must have a generation of exportable data for
use in third party software for 			analysis or reporting.

	14.0 	The system must have final reporting of data from
automated analysis or user defined 			analysis showing wells
with differences including plate and well location, substrate
			definition, degree of difference and intended mode of action
for all substrates.

	15.0 	The system must have linkage to KEGG (Kyoto Encyclopedia
of Genes and Genomes) 			for each well and PM plate for use in
further data analysis.

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)
	North American Free Trade Agreement (NAFTA)
	Canada-Peru FTA 
	Canada-Columbia FTA 

5)	Justification for the Pre-Identified Supplier 

Biolog Inc. Is the exclusive manfacturer of the OmniLog PM
System which operates with unique features as identified in the
"Minimum Essential Requirements" above. Canada has confirmed the
functionality of the proposed systems as meeting all the
operational requirements of the Health Canada for the intended
use.

6)	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").

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. 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; 

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(s).

The systems must be delivered by 28 March 2013. 

10)	A cost estimate of the proposed contract. 

The estimated value of the contract is $84,604.48 (GST/HST
extra).

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

Name: Biolog Inc.
Address: Hayward CA 94545-1130, USA

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 November 29, 2012 
at 2:00 p.m. EST.

14)	Inquiries and submission of statements of capabilities. 

Inquiries and statements of capabilities are to be directed to:

Jennifer MacNeil, Supply Officer
11 Laurier Street, 6A2, Phase III
Place du Portage, Gatineau, Quebec, K1A 0S5
Telephone: 	(819)  956-5577
Facsimile: 	(819)  956-3814
E-mail address:  jennifer.macneil@tpsgc-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.