Retro Super L man to 602 Servo 0307

Trade Agreement: NAFTA/AIT/Canada-Peru FTA/Canada-Colombia FTA Tendering Procedures: Generally only one firm has been invited to bid Attachment: None Non-Competitive Procurement Strategy: Interchangeable Parts Comprehensive Land Claim Agreement: No Vendor Name and Address: JOHN D. NEWITT, CAL-CHEK CANADA 250 GOVERNOR'S ROAD DUNDAS Ontario Canada L9H3K3 Nature of Requirements: Retro Super L man to 602 Servo 0307

23240-130267/A Martins, Christina Telephone No. - (819) 956-6911 Fax No. - (819) 956-3814

1) 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.

2) Natural Resources Canada, has a requirement for the supply, installation, calibration, certification and manuals for one (1) Retro Super L man to 602 Servo 0307 to be used for tensile pull testing. It is intended to negotiate with Cal-Chek Canada for the supply, calibration, certification and manuals and training for the Retro Super L man to 602 Servo 0307 identified below:

a. Retro Super L man to 602 Servo 03070041, Qty 1 b. Materials Testing (UTM) 21001100, Qty 1 c. Additional Program Module 21001140, Qty 1 d. Closed Loop control AFM 21001126, Qty 1

3) Minimum Essential Requirements

Any interested supplier must demonstrate by way of a statement of capabilities that its Retro Super L man to 602 Servo 0307 meets the following requirements:

1) To meet ASTM, ISO specifications for accuracy 2) Accuracy is within +/- 0.5% of indicated load from 0.2% to 100% of capacity. 3) Calibrations to meet ISO/IEC 17025 requirements

4. Applicability of the trade agreement(s) to the procurement

This procurement is subject to the following trade agreements

Agreement on Internal Trade (AIT) North American Free Trade Agreement (NAFTA)

5. Justification for the Pre-Identified Supplier

Tinius Olsen has allowed Cal-Chek Canada to serve as the sole Canadian Distributor of the Retro Super L man to 602 Servo 0307. This procurement serves as an upgrade to an existing 62 year old Tinius Olsen Super L-120 system. This upgrade is necessary in order to meet the present demands by Industry for Ground Support Research to assist the competitiveness and productivity of deep mines.

6. Government Contracts Regulations Exception(s)

10.2 Exceptions 10.2.1 Section 6 of the Government Contracts Regulations contains four exceptions that permit the contracting authority to set aside the requirement to solicit bids.

These are

a.the need is one of pressing emergency in which delay would be injurious to the public interest;

b.the estimated expenditure does not exceed $25,000, $100,000, where the contract is for the acquisition of architectural, engineering and other services required in respect of the planning, design, preparation or supervision of the construction, repair, renovation or restoration of a work, or $100,000 where the contract is to be entered into by the member of the Queen's Privy Council for Canada responsible for the Canadian International Development Agency and is for the acquisition of architectural, engineering or other services required in respect of the planning, design, preparation or supervision of an international development assistance program or project;

c.the nature of the work is such that it would not be in the public interest to solicit bids; or

d.only one person or firm is capable of performing the contract.

The following exception to the Government Contracts Regulations is invoked for this procurement under subsection 10.2 Section 6(d) - "only one person is capable of performing the work".

7. Exclusions and/or Limited Tendering Reasons

The following exclusion(s) and/or limited tendering reasons are invoked under the section of the trade agreement(s) specified:

Agreement on Internal Trade AIT Article 506.12 (a) To ensure compatibility with existing products, to recognize exclusiverights, such as exclusive licesnses, copyright and patent rights, or to maintain specialized products that must be maintained by the manufacturer or its representative.

North American Free Trade Agreement NAFTA 1016.2 (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;

8. Ownership of Intellectual Property.

Ownership of any Foreground Intellectual Property arising out of the proposed contract will vest in the Contractor.

9. The period of the proposed contract or the delivery date.

Delivery must be received by 31 March, 2013.

10. A cost estimate of the proposed contract.

The estimated value of the contract is $56,415.25 (GST/HST included).

11. Name and address of the pre-identified supplier

Name: Cal-Chek Canada Address: Dundas, Ontario

12. Suppliers' right to submit a statement of capabilities

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.

13. The closing date for a submission of a statement of capabilities.

The closing date and time for accepting statements of capabilities is 17 December, 2012 at 2:00 p.m. EST. 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.