Seed Drill

Trade Agreement: NAFTA / CFTA / FTAs with Peru / Colombia / Panama / Korea 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: wintersteiger 4705 Amelia Earhart Drive Salt Lake City Utah United States 84116 Nature of Requirements:

Seed Drill

01799-200397/A Owens (MCT), Shannon Telephone No. - (506) 962-5402 Fax No. - (506) 851-6759

1. Advance Contract Award Notice (ACAN)

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 has a requirement for the supply and delivery of one (1) plot drill row seeder to Fredericton, New Brunswick.

3. Criteria for assessment of the Statement of Capabilities (Minimum Essential Requirements)

Any interested supplier must demonstrate by way of a statement of capabilities that its equipment meets the following requirements:

The equipment must be able to seed crops at a flexible row spacing from 5" to 8" and it must have a flexible tool bar to adjust the track width from 125 cm to 180 cm. It must have a combination of large cone, continuous feeder and a seed box that can be used for seed or fertilizer. It must have a few sizes of cones, a few different funnels and a seed distributor capable of different speed settings to accommodate different seed mixes and rates. The drill would need to be able to seed small plots while being flexible enough to seed multiple crops at varying rates and seed sizes in one planting pass. Initial set-up, training and a test run, as well as a 12-month warranty including parts and labour, must be included.

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

This procurement is subject to the following trade agreements

- Canadian Free Trade Agreement (CFTA) - North American Free Trade Agreement (NAFTA)

5. Set-aside under the Procurement Strategy for Aboriginal Business

The requirement has not been identified as a set-aside subject to the Procurement Strategy for Aboriginal Business (PSAB).

6. Comprehensive Land Claims Agreement(s)

The procurement strategy for Comprehensive Land Claim Agreements (CLCA) has been considered and is not applicable as none of the locations where the proposed services will be provided are located within any of the Comprehensive Land Claims Settlement Areas (CLCSAs).

7. Justification for the Pre-Identified Supplier

The only known supplier of a plot drill row seeder meeting all the above required technical specifications is the Wintersteiger Plot Drill Rowseed XL. For this reason, it is proposed to negotiate this requirement with the manufacturer Wintersteiger, Salt Lake City, UT, USA.

8. Government Contracts Regulations Exception(s)

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

9. Exclusions and/or Limited Tendering Reasons

The following exclusion(s) and/or limited tendering reasons are invoked under the

- Canadian Free Trade Agreement (CFTA) - Article 513.1 (b) (iii) - North American Free Trade Agreement (NAFTA) - Article 1016.2 (b)

10. Ownership of Intellectual Property

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

11. Period of the proposed contract or delivery date

The equipment must be delivered on or before March 31, 2020.

12. Cost estimate of the proposed contract

The estimated value of the contract is $70,000 - $80,000 (GST/HST extra).

13. Name and address of the pre-identified supplier

Wintersteiger, Inc. 4705 W. Amelia Earhart Drive Salt Lake City, Utah 84116 USA

14. 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.

15. Closing date for a submission of a statement of capabilities

The closing date and time for accepting statements of capabilities is October 28, 2019 at 2:00 p.m. ADT.

16. Inquiries and submission of statements of capabilities

Inquiries and statements of capabilities are to be directed to

Shannon Owens, A/Supply Officer Public Services and Procurement Canada Acquisitions NB/PEI 1045 Main Street Moncton, NB E1C 1H1 Telephone: (506) 962-5402 Facsimile: (506) 851-6759 E-mail: shannon.owens@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.