Anodes for Cathelco system

Trade Agreement: CETA / WTO-AGP / NAFTA / CFTA / FTAs with Peru / Colombia / Panama / Korea
Tendering Procedures: Generally only one firm has been invited to bid
Non-Competitive Procurement Strategy: Interchangeable Parts
Comprehensive Land Claim Agreement: No
Vendor Name and Address: 
EMCS Industries Ltd
2066 HENRY AVENUE WEST
SIDNEY British Columbia
Canada
V8L5Y1
Nature of Requirements: 

OEM ALUMINIUM ANODES CERTIFIED 6061

1. Advance Contract Award Notice (ACAN)
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. Definition of the requirement
Public Works and Government Services Canada (PWGSC), on behalf of its client, Fisheries and Oceans Canada/Canadian Coast Guard, Quebec, is proposing to negotiate the supply of material and labor to manufacture and deliver 6061 OEM aluminium anodes for the impulse currant Cathelco Cathodic Protection System for the 1200 class ship, CCGS Pierre Radisson.

The Contractor shall supply all necessary new anodes to ensure complete replacement of existing anodes installs and optimal operation of the cathodic protection system.

Quantity required:

8 EMCS400TC24KE (Old P/N KE-4-24-28)Anode,Aluminium,5" Stud,¾" Insulator or equivalent

46 EMCS400TC24KE (Old P/N KE-4-28-35)Anode,Aluminium,5" Stud,¾" Insulator or equivalent

The product must meet all specifications that will allow us to meet the request of our client. EMCS/Marelco holds the rights to this product which must be replaced. Note that the anodes have been changed on board other vessels of CCG. Due to compatibility for anode replacement, only one supplier is able to provide the required parts as installed on the ship, i.e. the company EMCS Industries LTD. EMCS Industries LTD is the owner of intellectual rights on the design and the manufacture of these anodes.

3. Criteria for assessment of the Statement of Capabilities (Minimum Essential Requirements)
Any interested supplier must demonstrate by way of a statement of capabilities that its product meets the requirements of the requirement and that it includes the following components and/or specifications:

- The supplier who proposes a replacement product must demonstrate that its anodes are compatible with the system in place.

- The supplier must provide written proof that he is an authorized distributor for the impulse currant Cathelco Cathodic Protection System.

- After the replacement of the anodes, the Marelco system must remain approved by:
    - The American Bureau of Shipping
    - LLOYDS Register
    - Transport Canada
    - The United States and Canadian Coast Guard

- Sacrificial Anodes Type:
    - DNV (Det Norske Veritas) approved, practice B401
    - Destination: A-Guard

- Marelco Anode Composition
               Cu     O2       Si       Fe     Mn     Mg     Cr      Zn
Aluminium
(6061)         0.2%   0.00%   0.08%    0.70%  0.15%  1.00%  0.25%  0.25%


4. Applicability of the trade agreement(s) to the procurement

This procurement is subject to the following trade agreements:

- Canadian Free Trade Agreement (CFTA)
- North American Free Trade Agreement (NAFTA)

5. Government Contracts Regulations Exception
The following exception(s) to the Government Contracts Regulations is invoked for this procurement under subsection 6 (c) - "the nature of the work is such that it would not be in the public interest to solicit bids"; and under subsection 6 (d) - "only one person is capable of performing the work".

6. 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):

Canadian Free Trade Agreement (CFTA)
Article 513 Limited Tendering 1. b) ii) the protection of patents and iii) due to an absence of competition for technical reasons et v) to ensure compatibility with existing goods, or to maintain specialized goods that must be maintained by the manufacturer of those goods or its representative. The Canadian Free Trade Agreement (CFTA) limited tender procedures where "for technical reasons there is no competition and the goods or services can only be provided by a particular supplier and there are no alternative products or services.

North American Free Trade Agreement (NAFTA)
In accordance with the NAFTA which allows, due to compatibility, the upgrade of equipment in place. The compatibility factor meets the spirit of Section 1016.2 (b) of the NAFTA applies where, for works of art, or for reasons connected with the protection of patents, copyrights or other exclusive rights, 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.

7. Justification for the Pre-Identified Supplier 
EMCS Industries LTD is the only Canadian supplier of OEM products Cathelco Cathodic Protection System. He is the owner of intellectual rights on the design and manufacture of anodes. Spare parts must be the same model and series as the equipment on the vessel in order to have an assembly according to the manufacturer's specifications and compatibility is essential. Consequently, in accordance with government contracting policy, it is proposed that a contract be awarded to EMCS Industries LTD which is, the only firm capable of supplying the products.

8. Ownership of Intellectual Property
No intellectual property rights will result from the execution of the work provided by this contract.

9. Period of the proposed contract or delivery date
The equipment must be delivered no later than twelve (12) weeks following the contract award.

10. Name and address of the pre-identified supplier

EMCS Industries LTD
2-2042 Mills Road West
Sidney, British Columbia, V8L 5X4

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. Closing date for a submission of a statement of capabilities

The closing date and time for accepting statements of capabilities is June 1, 2018 14:00 HNE.

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

Name: Melanie Parent
Title: Procurement Officer
Telephone: (418) 649-2813
Facsimile: (418) 648-2209
E-mail: melanie.parent@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.