Simrad EK80 Scientific Echo Sounder System

Trade Agreement: NAFTA/AIT/Canada FTAs with Peru/Colombia/Panama
Tendering Procedures: Generally only one firm has been invited to bid
Non-Competitive Procurement Strategy: Exclusive Rights
Comprehensive Land Claim Agreement: No
Vendor Name and Address: 
Kongsberg Mesotech Ltd.
261 Brownlow Avenue
Dartmouth Nova Scotia
Canada
B3B2B6
Nature of Requirements: 

Simrad EK80 Scientific Echo Sounder System

F5238-160090/A
Johnston, Edward PWB
Telephone No. - (506) 636-4416
Fax No. - (506) 636-4376

1. Advance Contract Award Notice (ACAN)
An ACAN is a public notice indicating to the supplier community thata 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. Definition of the requirement
Public Works and Government Services Canada (PWGSC), on behalf of its client, Fisheries and Oceans Canada has requirement for the supply and deliver of a Simrad EK80 Scientific Echo Sounder System consisting of:

1. EK80 Split Beam Wideband Transceivers (WBTs) for (4) frequency split beam transducers
2. Transducers
3. Wideband Autonomous Transceiver (WBAT)
4. M3 Sonar Tag Activator System
5. Pan Tilt Head Unit
6. Calibration Spheres

The scientific echo sounder and multi-beam systems requested are to look for fish and other organisms in the water column.  They also provide a mechanism to quantify the abundance and distribution of fish and invertebrates for stock assessment and ecosystem studies.

The required equipment is to upgrade the existing technology which is 10-15 years old. As such it must be compatible with the existing equipment currently in use and must be able to re-produce results to current standards.  All proposed equipment is specifically designed to be portable so that it canbe used on multiple research vessels.

3. This procurement is subject to the following trade agreements:
- Agreement on Internal Trade (AIT)
- World Trade Organization - Agreement on Government Procurement (WTO-AGP)
- North American Free Trade Agreement (NAFTA)

4.Justification for the Pre-Identified Supplier
Sole source justification is supported by the following:

The Kongsberg Maritime Ltd. is the only known authorized Canadian distributor for the Simrad EK80 Scientific Echo Sounder System.  Kongsberg does not authorize value-added resellers or distributors for their equipment in Canada.  
All software developed and currently in use to analyse the existing technology is compatible with the new EK80 M3 and broad band systems and backward compatible.  Fisheries and Oceans existing transducers currently used for research and surveying are interchangeable with new EK80 system.

5. Government Contracts Regulations Exception(s)
The following exception(s) to the Government Contracts Regulations is (are) invoked for this procurement under subsection 6(d) - "only one person is capable of performing the work".
 
6. Exclusions and/or Limited Tendering Reasons
The following exclusions and or limited tendering reasons are invoked:

AIT - Articles 506.12 (a) and 506.12(b) of AIT are applicable on the basis of limited tendering due to compatibility with existing products, to recognize exclusive rights, such as exclusive licenses, copyright and patent rights, or to maintain specialized products that must be maintained by the manufacturer or its representative and 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, respectively.

NAFTA- Articles 1016.2 (b) and 1016.2 (d) of NAFTA are applicable on the basis of limited tendering due to  where, for works of art, or for reasons connected with the protection of patents, copyrights or other exclusive rights, or proprietaryinformation 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 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;

WTO- Article XV.1 (b) of WTO-AGP are applicable on the basis of limited tendering due to when, for works of art or for reasons connected with protection of exclusive rights, such as patents or copyrights, or in the absence of competition for technical reasons, the products or services can be supplied only by a particular supplier and no reasonable alternative or substitute exists;

7. The product must be delivered on or before March 31, 2017.

8. The estimated value of the contract is $441,248.00 HST extra

9. Name and address of the pre-identified supplier:
 Kongsberg Maritime Ltd.
 261 Brownlow Avenue
 Dartmouth, Nova Scotia
 B3B2B6

10. Suppliers' right to submit a statement of capabilities:

Suppliers who consider themselves fully qualified and available to provide the 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 meetsthe advertised requirements.

11. Closing date and time for accepting statements of capabilities: 

 Submissions must be received on or by 2:00 p.m. August 23, 2016. 

12. Inquiries and statement of capabilities are to be directed to:

Edward Johnston, Supply Specialist
Public Works and Government Services Canada
189 Prince William St
Saint John, NB, E2L 2B9 
Telephone No. (506) 636-4416
Fax No. (506) 636-4376
Email: edward.johnston@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.