Three-Wheel Hydraulic Lift

Trade Agreement: 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: Phil Brown Welding Corporation 4750 8 Mile Rd. Conklin Michigan United States 49403 Nature of Requirements: 3 Wheel Hydraulic Pruning Lift 01690-160396/A

1. Advance Contract Award Notice (ACAN) Explanation 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. Definition of the requirement The Department of Agriculture and Agri-Food Canada (AAFC) Jordan Research Farm and AAFC Minor Use Pesticide Program requires the supply of one (1) 3 wheel hydraulic pruning tower lift to help support their aerial work in hop yards. The pruning tower lift will be in use for work during the spring, summer and fall month as well as being used in various fruit tree orchards for pruning work during the winter. The machine will also need to be compact in order to maneuver through narrow tree and hop yard rows with ease.

It is intended to negotiate a contract with Phil Brown Welding Corporation of Conklin, Michigan. The Contractor must supply and delivery one (1) 3 wheel hydraulic pruning tower lift to AAFC, Southern Crop Protection and Food Research Centre, 4405 Jordan Road, Jordan Station, Ontario, L0R 1S0 by October 31, 2015.

3. Criteria for assessment of the Statement of Capabilities 3.1 Minimum Essential Requirements Any interested supplier must demonstrate by way of a statement of capabilities that its product meets the following requirements: (i) Must be a three (3) wheel machine with independent planetary gear hydraulic motors on the two (2) drive wheels. The third wheel must be a castor type wheel. All three (3) wheels must be weighted for added stability. (ii) The bucket platform height must be a minimum of 12'. (iii) The lift arm must be counter balanced for machine stability (iv) The total maximum width of the machine must be 88" or less. (v) The bucket platform must have a side to side swing while machine remains stationary. (vi) Must have the ability to move bucket and machine hands free (use of foot pedals) - controls are operated from within the bucket. (vii) Must have hydraulic quick couplers in bucket. (viii) Must be towable, for road travel, with towing attachments included. (ix) Must have a minimum 16 hp electric start, gasoline engine with large fuel tank capacity (20 L minimum) for all day usage. (x) Total price of the machine, including packaging and delivery, must not exceed USD$20,000.00.

4. Applicability of the trade agreement(s) to the procurement This procurement is subject to the following trade agreements: (a) North American Free Trade Agreement (NAFTA); and (b) Agreement on Internal Trade (AIT).

5. Justification for the Pre-Identified Supplier Phil Brown Welding Corporation is the only known manufacturer that provides 3 wheel hydraulic pruning tower lifts with the specifications needed in order to perform multiple, full seasonal, aerial work in narrow areas.

6. Government Contracts Regulations Exception(s) The following exception to the Government Contracts Regulations is invoked for this procurement under subsection 6 (d), only one person or firm is capable of performing the contract; for the patent or copyright requirements, or technical compatibility factors and technological expertise.

7. Exclusions and/or Limited Tendering Reasons The following exclusion(s) and/or limited tendering reasons are invoked under the section of the trade agreements specified:

North American Free Trade Agreement (NAFTA) - Article 1016.2 (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; and Agreement on Internal Trade (AIT) - Article 506.12 (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.

8. Period of the proposed contract The product must be delivered on or prior to October 31, 2015.

9. Name and address of the pre-identified supplier Name: Phil Brown Welding Corporation Address: 4750 8 Mile Road, Conklin, Michigan, 49403, United States

10. 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.

11. Closing date for a submission of a statement of capabilities The closing date and time for accepting statements of capabilities is October 21, 2015 at 2:00 p.m. EST.

12. Inquiries and submission of statements of capabilities Inquiries and statements of capabilities are to be directed to: Shannon Brewster Supply Specialist 33 City Centre Drive, Suite 480C Mississauga, Ontario - L5B 2N5, Canada Telephone: (905) 615-2028 Facsimile: (905) 615-2060 E-mail: shannon.brewster@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.