MALDI Biotyper

Trade Agreement: WTO-AGP/NAFTA/AIT/Canada FTAs with
Peru/Colombia/Panama
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: 
BRUKER LTD.
555 Steeles Ave East
Milton Ontario
Canada
L9T1Y6
Nature of Requirements: 
MALDI Biotyper-CM

6D063-132573/A
Tammy Kozak
Telephone No. 	- (204) 984-8825 
Fax No. 		- (204) 983-7796


1. INTRODUCTION
Public Works and Government Services Canada (PWGSC), on behalf
of the National Microbiology Laboratory (NML), intends to
solicit a proposal and negotiate a contract with Bruker Ltd. In
Milton, Ontario for the supply and installation of a MALDI
Biotyper-CM.  


2. BACKGROUND
The National Microbiology Laboratory (NML), a directorate of the
Infectious Disease and Emergency Preparedness Branch, Public
Health Agency of Canada (PHAC), is located in the Canadian
Science Centre for Human and Animal Health (CSCHAH) in Winnipeg,
Manitoba.  

As Canada's leading public health infectious disease laboratory,
the NML is responsible for the identification, control and
prevention of infectious diseases.  The NML's activities include
reference microbiology, support to epidemiology programs,
surveillance, emergency response, applied and discovery
research, and management of intellectual assets to improve
public health in Canada and internationally.

The Bioforensics Assay Development and Diagnostics (BADD) group
of the NML (PHAC) is responsible for the Government of Canada's
bioterrorism (BT) response capacity and is a part of the
National CBRNE team under mandate of the Federal Emergency
Management Act & the Federal Emergency Response Plan. The BADD
group performs diagnostic testing of all Category A- list
bioterrorism agents and leads the microbial forensics team for
trace-attribution of a biocrime. In the event of a
microbiological emergency, the BADD team is able to deploy to
the site of the event and test biological samples directly
on-site for infectious agents or toxins.


3. REQUIREMENT
The NML requires cutting-edge instruments for the detection and
identification of BT agents by their unique protein profile.
Specifically this instrument is for analysis of bacterial
cultures and diagnostic samples in our BSL-2 (biosafety level 2)
and BSL-3  containment laboratories, as well as the mobile
laboratory truck.  A sensitive instrument for the analysis of
bacterial cultures is the Bruker Ltd. Microflex LT MALDI-TOF
(matrix-assisted laser desorption/ionization) mass spectrometer
(MS), which can fit on a laboratory bench-top. This instrument
produces unique bacterial protein spectra, allowing bacterial
identification against a database of known spectra. Furthermore,
it is compatible with currently-used bacterial identification
databases at the NML.  Therefore, by acquiring the Bruker
MALDI-TOF Microflex LT the NML will increase its capacity for
rapid BT agent identification. 

Also, this technology anticipates the coordination diagnostic
capabilities between the NML and the Canadian Laboratory
Response Network (CLRN), a group of Canadian public health
laboratories who are accredited for testing suspected BT agents.
This cooperation will expand the coordination and response
capability to microbiological emergencies across Canada.


4. MANDATORY PERFORMANCE SPECIFICATIONS
Any interested supplier must demonstrate by way of a statement
of capabilities that its system meets the following mandatory
requirements:
1)	MALDI-TOF based mass spectrometry for analysis of bacterial
samples.
2)	Due to the requirement for fitting into our unique CL-3
laboratory with limited space, must be a 	compact, bench-top
size instrument no larger than 25 inches x 30 inches x 50 inches
(height), 		and a reasonable weight (< 200 lbs). 
3)	A cartridge-based nitrogen laser for MALDI.
4)	Has a low-maintenance, easy servicing design with a gridless
ion source.
5)	Powered by a single power cord.
6)	Samples are tested in a plate format, with multiple plate
sample number options.
7)	Ability to test samples rapidly with a maximum target plate
loading/removal of 5 minutes.
8)	Has a library (database) of microorganism protein spectra
containing at minimum 2000 species 		and 3500 spectra for data
analysis and which the end-user can add new data/spectra to.
9)	 Can be integrated with multiple computers and to our
existing laboratory information management system (LIMS).

5.  SOLE SOURCE JUSTIFICATION

Bruker Ltd has been identified as the sole vendor that achieves
all the Mandatory Performance Specifications outlined above.  
Bruker Ltd. is in a unique position to fulfill this requirement
as they are the manufacturer and sole authorized distributor of
the MALDI Biotyper-CM meeting the NRC's mandatory
specifications.  Based on the above, the Crown intends to
negotiate a contract with Bruker Ltd. on a sole source basis.    


6.  TRADE AGREEMENTS
The requirement is subject to the provisions of the North
American Free Trade Agreement (NAFTA), and the Agreement on
Internal Trade (AIT).

Government Contract Regulations:  6.(d) only one person or firm
is capable of performing the contract. 

AIT Article 506. 12 Where only one supplier is able to meet the
requirements of a procurement, an entity may use procurement
procedures that are different from those described in paragraphs
1 through 10 in the following circumstances: (b) where there is
an absence of competition for technical reasons and the goods or
services can be supplied only by a particular supplier and no
alternative or substitute exists;

NAFTA Article 1016: Limited Tendering Procedures. 2. An entity
may use limited tendering procedures in the following
circumstances and subject to the following conditions, as
applicable: (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; 

WTO - ARTICLE XV : The provisions of Articles VII through XIV
governing open and selective tendering procedures need not apply
in the following conditions, provided that limited tendering is
not used with a view to avoiding maximum possible competition or
in a manner which would constitute a means of discrimination
among suppliers of other Parties or protection to domestic
producers or  suppliers: 
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.


7.  PROPOSED CONTRACTOR
Bruker Ltd.
555 Steeles Ave East
Milton Ontario
L9T 1Y6
PH. 905-876-4641
FX. 905-876-4421


8.  DELIVERY DATE
Delivery must be made complete by March 31, 2014.


9.  ESTIMATED COST
Estimated value of the requirement: $270,000.00 - $540,000.00
CND (GST not included).  The Crown will include the option to
purchase an additional unit in the Contract.  The Crown retains
the right to negotiate with suppliers on any procurement.  


10.  SUPPLIERS RIGHT TO SUBMIT A STATEMENT OF CAPABILITIES
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. 

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.

Documents may be submitted in either official language of Canada.


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.