Keyboard Platforms - Various Locations Across Canada

Trade Agreement: WTO-AGP/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: 
HUMANSCALE CORPORATION
220 CIRCLE DRIVE NORTH
PISCATAWAY New Jersey
United States
08854
Nature of Requirements: 
Keyboard Platforms - Various Locations Across Canada

21C11-151002/A
Mack, Wayne
Telephone No. - (306) 241-6435 (    )
Fax No. - (306) 975-5397

To supply various Humanscale Corp. keyboard platforms, monitor
arms, complete kits for platform tracks with mechanisms,
standard mouse trays, wrist rest assemblies and palm rests as
detailed herein for Correctional Services of Canada (CSC),
CORCAN Industries, Kingston Warehouse, Kingston, ON and
Cowansville Institution, Cowansville, Quebec plus other CSC
CORCAN locations across Canada "as required", during the period
of the National Individual Standing Offer from date of award to
30 September  2016, in accordance with Annex "B" - Basis of
Payment. The keyboard platforms must be supplied in components
in bulk for assembly by inmates.

If the Standing Offer is authorized for use beyond the initial
period, the Offeror offers to extend its offer for four (4)
additional twelve (12) month periods, from 01 October 2016 to 30
September 2017; 01 October 2017 to 30 September 2018;  01
October 2018 to 30 September 2019 and from 01 October 2019 to 30
September 2020

About CORCAN
CORCAN is a key rehabilitation program of the Correctional
Service of Canada (CSC). It is mandated to provide employment
training and employability skills to offenders in federal
correctional institutions in support of the social policy of the
Government of Canada.
CORCAN operates in 31 institutions across Canada. CORCAN has
four business lines: textiles, manufacturing, construction, and
services (such as printing and laundry). CORCAN shops operate in
as businesslike a manner as possible given their institutional
setting and training imperatives. Most shops are ISO-certified.
CORCAN operations focus on products and services that are
marketed primarily to the Correctional Service of Canada and
other federal government departments.

Justification for Sole Source:
Since CORCAN has designed its workstations with HumanScale
product, CORCAN have produced thousands of these stations for
hundreds of customers and can not change the design without
investing significant amounts of money (reengineering of
drawings, jigs, computer programming, equipping multiple sites,
training, printed marketing literature, website, on-line
catalogue etc.). Furthermore CORCAN must be able to supply
additional stations which must be compatible (for additional
purchases on previous projects or when retrofits are required).
CORCAN must not only be able to offer the same product if the
customers want to add some to what they already have, but also
to service and repair platforms under warranty.
Jigs and programming is required as CORCAN makes their own work
surfaces from scratch (raw materials) in multiple sites across
Canada (drill hole patterns, inserts + software programming,
etc.). Costs are also incurred by printed marketing literature,
website, etc. that currently feature Humanscale product.
HumanScale is the original equipment manufacturer and has the
exclusive ownership (patent) and intellectual property for their
products.
CORCAN is dealing directly with the OEM of HumanScale, as they
are the owners, developers of the equipment and owners of the
IP. They DO NOT authorize resellers or distributors for their
equipment (when providing their products in components, not
pre-assembled). Distributors only sell fully assembled products
and we need to purchase in components kits to assemble
ourselves=inmate value added part of CORCAN's mission & mandate,
etc.
There are no alternate sources of supply that can meet the
mandatory performance specifications based on CORCAN's
requirement for product to match as well as jigs, programs,
tooling etc. 
The equipment required must be compatible and exactly the same
with existing promoted product lines. Because these components
are attached to our surfaces, it must have the same anchors,
fixing devises, etc. HumanScale has the exclusive intellectual
property of the product.
Because the design of CORCAN's lines were done with this
equipment, it would be impossible to have multiple versions.
This would require CORCAN to redesign the product lines for
which CORCAN has existing multiple drawings, and CORCAN would
have to produce new jigs, re-program equipment which could
exceed thousands of dollars (equip multiple sites).

The "life expectancy" of CORCAN's product lines are approx. 10
years, we are now at the 5 year mark. We will soon start
research, development and phasing in of a new and improved line
therefore at that time we will be able to go fully competitive
for the new workstation as it will be incorporated in the
technical drawings etc. and because it will be a new product
line, we can feature any keyboard tray we tender/receive.

CORCAN cannot change their design without investing significant
amounts of money 

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

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;

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.

Total Estimated Cost: $452,000.00 per year HST included
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.