Hangar Track Assembly and Parts-Martha L. Black

Trade Agreement: CETA / WTO-AGP / CPTPP / NAFTA / CFTA / FTAs with Peru / Colombia / Panama / Korea
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: 
CANADIAN MARITIME ENGINEERING LIMITED
90 Thornhill Drive
Dartmouth Nova Scotia
Canada
B3B1S3
Nature of Requirements: 

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, on behalf of its client, Fisheries and Oceans Canada/Canadian Coast Guard, Quebec, proposes to negotiate the supply of helicopter hangar equipment for the CCGS Martha L. Black. The supplier must provide all new parts necessary to replace them.

Required Quantities:

2 Pinion Part #1163-13-2 or equivalents
14 Guide Track #1200-17-3 or equivalents
4 Heater 1209-079-7 or equivalents
4 Heater #1209-079-1 or equivalents
5 Heater #1209-079-9 or equivalents
4 1209-079-3 or equivalents
4 Heater #1209-079-11 or equivalents
4 Heater #1209-079-5 or equivalents
120 Retaining Bar #1209-34-1 or equivalents
120 Retaining Bar - Rev. E #1209-19-4 or equivalents
1 Hangar Track Assembly #1208-202-1 or equivalents
6 Wheel #1200-355-3 or equivalents

The product must meet all the specifications that will allow us to adequately meet our customer's requests/needs. Canadian Maritime Engineering holds the rights to this product which must be replaced. Due to compatibility for the replacement of these parts, only one supplier is able to provide the required parts as installed on board the vessel, Canadian Maritime Engineering. Canadian Maritime Engineering is the only authorized representative for the manufacturer's OEM parts.

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 OEM parts are compatible with the system in place and must be identical with reference and a letter from the system manufacturer confirming this.

- The supplier must provide written proof that it has obtained permission to use the rights holder's intellectual property.

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

Canadian Maritime Engineering is the only authorized Canadian supplier of OEM products for helicopter hangar parts. He is the only authorized representative for the manufacturer's OEM parts. Spare parts must be of the same model and series as the equipment on board the ship in order to have an assembly that meets the manufacturer's specifications and compatibility is essential. Consequently, in accordance with government contracting policy, it is proposed that a contract be awarded to Canadian Maritime Engineering 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 48 weeks following the contract award.

10. Name and address of the pre-identified supplier
CANADIAN MARITIME ENGINEERING LIMITED
90 Thornhill Drive
Dartmouth
Nova Scotia
B3B1S3

11. Suppliers' right to submit a statement of capabilities

Suppliers who consider themselves fully qualified and available to provide the goods 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 December 6, 2019 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.