Isothermal Gravity Autoclave

Trade Agreement: NAFTA/AIT/Canada FTAs with Peru/Colombia/Panama Tendering Procedures: Generally only one firm has been invited to bid Attachment: None Non-Competitive Procurement Strategy: Government Objectives Representing Best Interests/Value to Govt Comprehensive Land Claim Agreement: No Vendor Name and Address: STERIS CANADA INC 375, Britannia Road East Unit 2 Mississauga Ontario Canada L4Z3E2 Nature of Requirements: Title: Isothermal Gravity Autoclave

1. Purpose of an Advance Contract Notice (ACAN)

An Advance Contract Award Notice (ACAN) allows department 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 goods, service or construction contract to a pre-identified supplier. 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 officer will proceed to a full tendering process.

2. Definition of requirements and sole source justification

Agriculture and Agri-Foods Canada has the requirement for the supply, delivery and offloading of one (1) single door isothermal gravity 48" autoclave cabinet with ESG with the installation of 26 x 37.5 inch steam sterilizer to the Agriculture and Agri-Food Canada Pacific Research Centre in Summerland, BC.

The isothermal gravity autoclave is linked to the previous procurement of autoclaves at PARC-Summerland. This procurement is to replace one of said autoclaves that is no longer operational. It is necessary to retain compatibility with existing equipment and enable future cost savings for service contracts. Agriculture and Agri-Foods Canada requires a 48 hour response time to repair sterilizers in case of a break down. A delay in the purchase of the autoclave would compromise the safety of the lab as potentially hazardous waste would not be disposed of in an efficient manner.

Specifications for Isothermal Gravity Autoclave

The following specifications of the Steris Canada Inc. Isothermal gravity autoclave are critical functionalities required by Agriculture and Agri-Food Canada:

· Single door isothermal gravity 48"cabinet autoclave with ESG · Installation · 48"atlas loading car and transfer car for hinged platform. · Compatibility with existing Steris Canada Inc. autoclaves. · 1 year warranty on parts and labour, except for expendable items such as fuses, gaskets, light bulbs and valve kits.

3. Trade Agreements

· Article 1016, Section 2, (b) of the North American Free Trade Agreement (NAFTA) "...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;"

· Article 1016, Section 2, (d) of the North American Free Trade Agreement (NAFTA)

"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;

· Article 506, Section 12 (a) of the Agreement on Internal Trade (AIT)

"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"

· Article 506, Section 12 (b) of the Agreement on Internal Trade (AIT)

"...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;"

4. Government Contracts Regulations Exception

This contract is subject to subsection 6 (d) of the Government Contracts Regulations, in that only one person or company is capable of performing the contract.

5. Total Estimated Value

CAD $79,162.58.00

6. Proposed Contractor

Steris Canada Inc. 6280 Northwest Drive Mississauga, ON L4V 1J7

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

The closing date and time for accepting statements of capabilities is at (to be inserted by contracting authority just prior to posting) 2:00 p.m. MST.

8. Departmental Contact Person

Suppliers may address inquiries or submit their statement of capabilities to: Name: Andrea Major Position: Student Procurement Officer Tel: (780) 497-3779 Fax: (780) 497-3510 E-mail: andrea.major@pwgsc-tpsgc.gc.ca

9. Submission of Statement of Capabilities by Suppliers

Suppliers who consider themselves fully qualified and available to provide the 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. Acceptable proof will include published studies or through references (name/contact information must be supplied). The PWGSC file number, the contracting officer'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.

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.