Biotek - Synergy H1 Hybrid Multi-Mode Microplate Reader

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: 
FISHER SCIENTIFIC COMPANY/SOCIETE FISHER SCIENTIFIQUE
c/o T10078
P.O. Box 10078 Postal Station A
Toronto Ontario
Canada
M5W2B1
Nature of Requirements: 
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's Toxicology Research Division has a
requirement for the supply and delivery of one (1) gas
controller ready multimode plate reader capable of measuring
UV-visible absorbance, fluorescence intensity, fluorescence
polarization, time-resolved fluorescence, luminescence, and
filtered luminescence. It is intended to negotiate with Fisher
Scientific Company for the supply and delivery of the Biotek
Synergy H1 Hybrid Multi-Mode Microplate Reader (Model H1MFDG)
and associated software.

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 contain the following within a single instrument
both a monochromator (for flexibility of assay development) and
a filter-based optic system (for the increased sensitivity, when
necessary).

	1.1	Monochromator must be equipped with a low-noise,
blue-shifted photomultiplier tube (PMT) providing fluorescence
(250 to 700nm), UV-visible absorbance (230 to 999 nm in 1 nm
increments, 0 to 4.0 optical density), and luminescence (300 to
700nm, dynamic range of at least 6 decades).

	1.2	Filter-based optic system must be equipped with a
red-shifted PMT for fluorescence (200 to 850 nm, dynamic range
of 5 decades), fluorescence polarization (300 to 850 nm), time
resolved fluorescence (200 to 850 nm), and filtered luminescence.

2.0	Data from the system must have security features for
multiple group use and be exportable to a spreadsheet program
such as Microsoft Excel.

3.0	System must be capable of end-point and kinetic measurements.

4.0	System must be capable of spectral scanning and 99x99
well-area scanning.

5.0	System must accept plates in formats from 1- to 384-well
plates.

6.0	System must allow for analysis of 2 microlitre samples as
well as larger volume cuvettees.

7.0	System must read fluorescence through the top or bottom of
the plate.
8.0	System must have an automatic z-height adjustment for
optical detection.

9.0	System must have linear, orbital and double orbital plate
shaking modes that are adjustable in duration and intensity.

10.0	System must be capable of plate incubation to at least 45oC
(+/- 0.5oC at 37oC).

11.0	System must be engineered for addition of a gas controller
to meter CO2 and/or O2 into the plate chamber for in situ
maintenance of cell cultures during time course incubations.

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 

Fisher Scientific Company is the exclusive distributor of the
Biotek Synergy H1 Hybrid Multimode Microplate Reader
manufactured by Biotek Instruments, Inc., 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 Health Canada 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 ensure 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 and installed by 31 March 2013. 

9.	The estimated value of the contract is $64,769.00 (GST/HST
extra, as applicable).

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

Name: Fisher Scientific Company
Address: P.O. Box 10078 Postal Station A, Toronto, Ontario, M5W
2B1

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 25 January 2013, at 2:00 p.m. EST.

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

Michelle N. 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.