Potato Chips

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: Old Dutch Foods Ltd. 6403 48th St S.E. Calgary Alberta Canada T2C3J7 Nature of Requirements: Old Dutch Potato Chips, For Corrections Services Canada Institution within Alberta.

Potato Chips

21530-14S001/A Ray, Jane Telephone No. - (403) 292-5318 Fax No. - (403) 292-5786

ADVANCE CONTRACT AWARD NOTICE

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.

Requirement

A Regional Individual Standing Offer for the supply and delivery of Old Dutch snack foods for the Department of Correctional Service Canada to various Institutions throughout Alberta. The period of the Standing Offer will be for one (1) year from date of issuance, with two (2) additional one (1) year option periods.

Applicability of the trade agreement(s) to the procurement

This procurement is subject to the following trade agreements

- Agreement on Internal Trade (AIT) -World Trade Organization - Agreement on Government Procurement (WTO-AGP) -North American Free Trade Agreement (NAFTA)

Justification for the Pre-Identified Supplier

The products required were selected by a committee consisting of inmates at the identified institutions on behalf of all inmates. The products voted for are OLD DUTCH snack foods. These products are purchased with inmate money and no Public funds will be used to support this program.

The manufacturer of "Old Dutch" chips sets the price that all of their distributors must legally abide by. Distributors will be delivering to all locations of this RISO, at the manufacturer's discounted price.

The inmates will be receiving the best price possible from the Manufacturer.

Delivery Date Required: All deliveries are to be made within Two (2) days from receipt of order or as stated in the Call-up Document.

Delivery Locations in Alberta

Bowden Institution, Innisfail AB Drumheller Institution, Drumheller AB Edmonton Institution, Edmonton AB Edmonton Institution for Women, Edmonton AB Pê Sâkâstêw Centre, Hobbema AB Government Contracts Regulations Exception:

The following exception to the Government Contracts Regulations is invoked for this procurement under subsection 6.(d) - Only one person is capable of performing the contract.

Exclusions and/or Limited Tendering Reasons

The following exclusions and/or limited tendering reasons are invoked under the following:

Agreement on Internal Trade (AIT) exemption -

Article 518, Definitions

Procurement means the acquisition by any means, including by purchase, rental, lease or conditional sale, of goods, services or construction, but does not include:

(b) government provision of goods and services to persons or other government organizations;

World Trade Organization - Agreement on Government Procurement (WTO-AGP) Exemption -

Appendix 1 General Notes

Procurement in terms of Canadian coverage is defined as contractual transactions to acquire property or services for the direct benefit or use of the government. The procurement process is the process that begins after an entity has decided on its requirement and continues through to and including contract award. It does not include non-contractual agreements or any form of government assistance, including but not limited to, cooperative agreements, grants, loans, equity infusions, guarantees, fiscal incentives, and government provision of goods and services, given to individuals, firms, private institutions, and sub-central governments. It does not include procurements made with a view to commercial resale or made by one entity or enterprise from another entity or enterprise of Canada.

North American Free Trade Agreement (NAFTA) Exemption -

Article 1001, Scope and Coverage

5. Procurement includes procurement by such methods as purchase, lease or rental, with or without an option to buy. Procurement does not include:

(a) non-contractual agreements or any form of government assistance, including cooperative agreements, grants, loans, equity infusions, guarantees, fiscal incentives, and government provision of goods and services to persons or state, provincial and regional governments;

Cost estimate of the proposed contract

The estimated value of the contract, including option(s), is between $266,379.50 and $799,138.50 CAD, (GST/HST included).

Name and address of the pre-identified supplier

Supplier: Old Dutch Foods Ltd. 80, 6403 48th St SE Calgary, AB T2C 0A9

Suppliers who consider themselves fully qualified and available to provide the goods, services or construction services 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.

Closing date for a submission of a statement of capabilities

The closing date and time for accepting statements of capabilities is February 3, 2014 at 2:00 PM MST.

Inquiries and submission of statements of capabilities

Inquiries and statements of capabilities are to be directed to

Jane Ray, Supply Officer 1650- 635 8th Ave, Calgary AB T2P 3M3

Telephone: 403-292-5318 Facsimile: 403-292-5786 E-mail: jane.ray@pwgsc-tpsgc.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.