Haul-All Bins - Various National Parks in AB and BC

Trade Agreement: WTO-AGP/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: 
Haul-All Equipment Ltd.
4115 - 18 Avenue North
Lethbridge Alberta
Canada
T1H5G1
Nature of Requirements: 
Haul-All Bins - Various National Parks in AB and BC

5P421-120307/A
Mack, Wayne
Telephone No. - (306) 975-4004 (    )
Fax No. - (306) 975-5397

To supply Haul-All animal proof  hydraulic dumping and refuse
containers and accessories as listed in the Haul-All catalogue
for Parks Canada, various locations in Alberta and British
Columbia as follows: Banff, Jasper, Waterton, Mount Revelstoke,
Glacier and Yoho National Parks, during the period of the
Standing Offer from Date of Standing Offer issue to 30 April
2013.

If the Standing Offer is authorized for use beyond the initial
period, the Offeror offers to extend its offer for three (3)
additional twelve (12) month periods, from and 01 May 2013 to 30
April  2014,  01 May 2014 to 30 April 2015 and 01 May 2015 to 30
April  2016 under the same conditions and at the rates or prices
specified in the Standing Offer, or at the rates or prices
calculated in accordance with the formula specified in the
Standing Offer.


Sole Source Justification:
Haul-All Equipment Ltd. has the proprietary rights and is the
patent holder for the design of these specific bins. Haul-All is
the only manufacturer of these bins.

All of Parks Canada's refuse containers and accessories are
Haul-All. All Parks Canada's pick-up trucks and all of its
private contractors' pickup trucks are specifically designed for
the Haul-All bins. The trucks that dump these bins are specially
designed for this application and the cost is $100,000+ per
truck. If Parks Canada were to change bins, not only would Parks
have to incur the expense of purchasing new trucks, but the
private contractors also.

Total Estimated Cost: $200,000.00 per year.


GCR Exemption:
d) only one supplier (person or firm) is capable of performing
the contract. 

NAFTA Limited Tendering Reason:
(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;

(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.

WTO Limited Tendering Reason: Article XV
(b) 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;

(d) for additional deliveries by the original supplier that are
intended either as parts replacement  for existing supplies 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.

AIT Article 506:
12) 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;
Delivery Date: 31/03/2012

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.