Haul-All Bins - Various National Parks in AB and BC

Trade Agreement: WTO-AGP/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: Haul-All Equipment Ltd. 4115 - 18 Avenue North Lethbridge Alberta Canada T1H5G1 Nature of Requirements: Haul-All Bins - Various National Parks in AB and BC

5P421-120307/A Mack, Wayne Telephone No. - (306) 975-4004 ( ) Fax No. - (306) 975-5397

To supply Haul-All animal proof hydraulic dumping and refuse containers and accessories as listed in the Haul-All catalogue for Parks Canada, various locations in Alberta and British Columbia as follows: Banff, Jasper, Waterton, Mount Revelstoke, Glacier and Yoho National Parks, during the period of the Standing Offer from Date of Standing Offer issue to 30 April 2013.

If the Standing Offer is authorized for use beyond the initial period, the Offeror offers to extend its offer for three (3) additional twelve (12) month periods, from and 01 May 2013 to 30 April 2014, 01 May 2014 to 30 April 2015 and 01 May 2015 to 30 April 2016 under the same conditions and at the rates or prices specified in the Standing Offer, or at the rates or prices calculated in accordance with the formula specified in the Standing Offer.

Sole Source Justification: Haul-All Equipment Ltd. has the proprietary rights and is the patent holder for the design of these specific bins. Haul-All is the only manufacturer of these bins.

All of Parks Canada's refuse containers and accessories are Haul-All. All Parks Canada's pick-up trucks and all of its private contractors' pickup trucks are specifically designed for the Haul-All bins. The trucks that dump these bins are specially designed for this application and the cost is $100,000+ per truck. If Parks Canada were to change bins, not only would Parks have to incur the expense of purchasing new trucks, but the private contractors also.

Total Estimated Cost: $200,000.00 per year.

GCR Exemption: d) only one supplier (person or firm) is capable of performing the contract.

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.

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; Delivery Date: 31/03/2012

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.