Preventative Maintenance of a Facsaria Bioanalyzer

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: Exclusive Rights Comprehensive Land Claim Agreement: No Vendor Name and Address: Becton Dickinson Canada Inc. BD Biosciences 2100 Derry Road West Suite 100 Mississauga Ontario Canada L5N0B3 Nature of Requirements: Preventative Maintenance of a Facsaria Bioanalyzer

REQUIREMENT: PWGSC intends to enter into a sole-source contract with Becton Dickinson Canada Inc, Mississagua ON to supply one (1) year preventative maintenance for a FACSARIA 3-Laser Bioanalyzer for National Research Council Canada , Charlottetown, Prince Edward Island.

The estimated value of the contract is $42,000.00 GST included.

The reason for single tendering is: Only one firm is capable of performing the contract.

Government Contract Regulations (GCR) - Section 6 (d) of the GCR is being invoked in this procurement as only one person or firm is capable of performing the contract.

This requirement is subject to the Agreement on Internal Trade (AIT) and the North American Free Trade Agreement (NAFTA), however, limited tendering reasons are applicable in accordance with the following:

AIT - Articles 506.12 (a) and 506.12(b) of AIT are applicable on the basis of limited tendering due to 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 and 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, respectively.

NAFTA - Article 101.2 (d) of NAFTA is applicable on the basis of limited tendering due to reasons no reasonable alternative or substitute exists and 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.

Period of the contract: One (1) year from the date of Contract award.

Under the Code of Conduct and Certification provisions, Bidders will be required to submit a complete list of names of all individuals who are currently directors of the Bidder as part of their bid.

This PWGSC office provides procurement services to the public in both official languages 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.