Tower, Avid Media Composer

Trade Agreement: Agreement on Internal Trade (AIT)
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: 
Dynamic Technologies, Inc. DBA Ocean Systems
4016 Blackburn Lane
Burtonsville Maryland
United States
20866
Nature of Requirements: 
Tower, Avid Media Composer

M2989-143654/A
Mak, Goretti M.
Telephone No. - (604) 775-7649
Fax No. - (604) 775-7526
Email:  Goretti.Mak@pwgsc.gc.ca

The PWGSC Vancouver office provides procurement services to the
public in English.

ADVANCE CONTRACT AWARD NOTICE (ACAN)

Should you have any questions concerning this requirement,
contact the contracting officer identified above.

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.  


Requirement:
Public Works and Government Services Canada (PWGSC), on behalf
of its Client, the Royal Canadian Mounted Police (RCMP), E
Division, Forensic Identification Services (FIS) in Surrey, BC.
requires to supply and deliver quantity of 4 Ocean Tower™, Avid
Media Composer Nitris DX and other miscellaneous components
which is developed, manufactured and supplied by Ocean Systems,
a division of Dynamic Technologies Inc.

SOLE SOURCE JUSTIFICATION
SpotLight™ software for AVID is the forensic video analysis
system that are used by Forensic Identification Services (FIS)
throughout the RCMP, as well as other Analysts and Technicians
in the field - both local municipal partners and others
throughout the country and internationally use the same
equipment.  The data generated by the systems can be easily
shared with other law enforcement agencies throughout North
America and Internationally.  The continued used of Ocean
Systems/Avid solutions would provide the RCMP the ability and
confidence to be able to open historical case work and results
that might exist in a format only compatible with these types of
systems and in the future.  
The Ocean Systems/AVID solutions provide the necessary support
and updates to prove the integrity of the data examined if and
when challenged in Court.  Ocean Systems is the developer of
this software in Canada.  This software allows law enforcement
to conduct a powerful, yet completely non-invasive forensic
investigation.

Ocean Systems is the only supplier that is in a position to
provide the services to meet this requirement.  The article
1016, paragraph 2b, of North American Free Trade Agreement
(NAFTA) stipulates that "an entity may use limited tendering
procedures 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 absence of
competition for technical reasons, the goods and services can be
supplied only by a particular supplier and no reasonable
alternative or substitute exists".  Furthermore, article 1016,
paragraph 2d, of North American Free Trade Agreement (NAFTA)
stipulates that "an entity may use limited tendering procedures
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 trade agreement.  The above
reasons can also be found in article 506, paragraph 12a and 12b
of Agreement on Internal Trade (AIT).

Ocean Systems is the developer of this software in Canada.  This
software allows law enforcement to conduct a powerful, yet
completely non-invasive forensic investigation.

This requirement falls under FSC58  to which the World Trade
Organization - Agreement on Government Procurement (WTO-AGP)
(see Appendix I - General Notes 1c))  and the North American
Free Trade Agreement (NAFTA) - (see Chapter 10, Annex 1001.2b
General Notes 1c))  do not apply.
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.