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.