AKTAxpress Single Chromatographic 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: 
GE HEALTHCARE BIO-SCIENCES INC. / GE SANTE BIO-SCIENCES INC.
500 Morgan Blvd.
Baie d'Urfé Quebec
Canada
H9X3V1
Nature of Requirements: 
AKTAxpress Single Chromatographic 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.	The National Research Council of Canada (NRC) Human Health
Therapeutics (HHT) has a requirement for the supply and delivery
of one (1) chromatographic system to perform low pressure
protein purification in multi module formats, namely the
AKTAxpress Single System. It is intended to negotiate with GE
Healthcare Bio-Sciences Inc. (GE Healthcare) for the supply of
the following:

a) AKTAxpress Single System without computer (product #28908936)
B) AKTAxpress Software (product #28905345)
C) Associated training and installation (product #28998476 and
28998475)

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	System must be able to run at least four protein samples
simultaneously or to be able to loop one sample for the second,
third and fourth columns.
	
2.0	System must allow users to perform time-based, volume-based
and column-based programming in multi-module fashion
	
3.0	System must operate interchangeably with HHT's current AKTA
chromatographic systems to perform low pressure protein
purification research

4.	This procurement is subject to the following trade
agreement(s):	
	
	Agreement on Internal Trade (AIT)
	North American Free Trade Agreement (NAFTA)
	Canada-Peru FTA (CPFTA)
	Canada-Columbia FTA (CCOFTA)
	Canada-Chile FTA (CCFTA)

5.	Justification for the Pre-Identified Supplier 

GE Healthcare is the exclusive manufacturer of the AKTAxpress
Single 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 NRC for its intended use.

6.	Government Contracts Regulations Exception(s)

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

(i) $25,000,

(ii) $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

(iii) $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 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 compatibility with existing products,
to recognize exclusive rights, such as exclusive licences,
copyright and patent rights, or to maintain specialized products
that must be maintained by the manufacturer or its
representative; and 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 Article 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; and Article
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; 

The procedural elements of the CCFTA, the CCOFTA, and the CPFTA
are satisfied through compliance with the limited tendering
provisions of NAFTA.

8.	The system must be delivered by March 31, 2013. 

9.	The estimated value of the contract is $ 45,524.34 (GST/HST
extra, as applicable).

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

Name: GE Healthcare Bio-Sciences Inc.
Address: 500 Morgan Blvd
	   Baie d'Urfé, QC  H9X 3V1

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.	The closing date and time for accepting statements of
capabilities is 4 January 2013, at 2:00 p.m. EST.

13.	Inquiries and statements of capabilities are to be directed
to:

Michelle Mascoll
Team Leader
Scientific, Medical and Photographic Division - PV
Commercial and Consumer Products Directorate
Public Works and Government Services Canada
11 Laurier Street, Gatineau, Quebec, K1A 0S5
Telephone: 819-956-3467
Facsimile 819-953-3814
Email: michelle.mascoll@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.