OEM Certified Aluminium Anodes - Spare Parts

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: Interchangeable Parts Comprehensive Land Claim Agreement: No Vendor Name and Address: EMCS Industries Ltd Units 5 & 6 10114 McDonald Park Rd North Saanich British Columbia Canada V8L5X8 Nature of Requirements:

PLEASE NOTE THAT THE TEXT HAS BEEN CORRECTED TO FAITHFULLY REFLECT WHAT IS INSTALLED ON BOARD THE DESGROSEILLIERS VESSEL AND TO MEET OPERATIONAL NEEDS.

PLEASE NOTE THAT THE CLOSING DATE HAS BEEN EXTENDED TO WEDNESDAY FEBRUARY 19, 2020. More information will follow in the coming days.

PLEASE NOTE THAT A DRAWING OF THE ANODES IS NOW AVAILABLE FOR INFORMATION. For those wishing to consult it, please contact the procurement officer.

6061 OEM CERTIFIED ALUMINIUM ANODES

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

Public Works and Government Services Canada (PWGSC), on behalf of its client, Fisheries and Oceans Canada/Canadian Coast Guard, Quebec, is proposing to negotiate the supply of material and labor to manufacture and deliver OEM Certified Aluminium Anodes for the Marelco Current pulse Cathodic Protection System for the 1200 class ship, CCGS Desgroseilliers.

The Contractor shall supply all necessary new anodes to ensure complete replacement of existing anodes installs and optimal operation of the cathodic protection system.These anodes must be calibrated with existing Marelco panels. The panel parts numbers are:

16-Outlet Control Panel: MAR-CP-160 19-Outlet Control Panel: MAR-CP-190 21-Outlet Control Panel: MAR-CP-210

Quantities required

Description Location Anode Qty Starboard low sea chest Sprinkler pump MAR350TC30(KE3.5-30-35) 1 Frame 30-31 MAR350TC24(KE 3.5-24-28) 1

Sea bay Propulsion Motor MAR325TC30(KE 3.25-30-25) 9 Frame 55-61 Room

Port and Stbd low Propulsion Motor MAR350TC30 (KE 3.5-30-35) 4 sea chest Room Frame 60-61

Starboard high Propulsion Motor MAR325TC24 (KE3.5-24-28) 3 sea chest Room Frame 58-61

Sea bay Aft Engine Room MAR325TC30 (KE 3.25-30-25) 10 Frame 93-95

Port and Stbd low Aft Engine Room MAR350TC30 (KE 3.5-30-35) 6 sea chests Frame 92-95

Port high sea chest Aft Engine Room MAR350TC24 (KE 3.5-24-28) 3 Frame 92-95

Sea bay Forward Engine Room MAR325TC30 (KE 3.25-30-25) 10 Frame 95-99

Starboard high Forward Engine Room MAR400TC24 (KE 4-24-28) 2 sea chest Frame 95-99

Port and Stbd low Forward Engine Room MAR400TC30 (KE 4-30-35) 3 sea chests Note: #20 neck 6''offset MAR400TC30 (KE 4-30-35) 1 Frame 95-97

Total: 53 anodes

NOTE: All of the above anodes have 5''studs and ¾''insulators

The product must meet all specifications that will allow us to meet the request of our client. EMCS/Marelco holds the rights to this product which must be replaced. Note that the anodes have been changed on board other vessels of CCG. Due to compatibility for anode replacement, only one supplier is able to provide the required parts as installed on the ship, i.e. the company EMCS Industries LTD. EMCS Industries LTD is the owner of intellectual rights on the design and the manufacture of these anodes.

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 product meets the requirements of the requirement and that it includes the following components and/or specifications:

- The supplier who proposes a replacement product must demonstrate that its anodes are compatible with the system in place.

- The supplier must provide written proof that he is an authorized distributor for the Marelco Current pulse Cathodic Protection System.

- After the replacement of the anodes, the Marelco system must remain approved by

- The American Bureau of Shipping - LLOYDS Register - Transport Canada - The United States and Canadian Coast Guard

- Marelco Sacrificial Anodes: - DNV (Det Norske Veritas) approved, practice B401 - Destination: A-Guard

- Marelco Anode Composition

Aluminium SI Fe Cu Mn Mg Cr Zn (6061)

MIN 0.40% -- 0.15 -- 0.80 0.04 -- MAX 0.80% 0.70 0.40 0.15 1.20 0.35 0.25

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. Government Contracts Regulations Exception

The following exception(s) to the Government Contracts Regulations is invoked for this procurement under subsection 6 (c) - "the nature of the work is such that it would not be in the public interest to solicit bids"; and under subsection 6 (d) - "only one person is capable of performing the work".

6. Exclusions and/or Limited Tendering Reasons

The following exclusion(s) and/or limited tendering reasons are invoked under the (section of the trade agreement(s) specified):

Canadian Free Trade Agreement (CFTA)

Article 513 Limited Tendering 1. b) ii) the protection of patents and iii) due to an absence of competition for technical reasons et v) to ensure compatibility with existing goods, or to maintain specialized goods that must be maintained by the manufacturer of those goods or its representative. The Canadian Free Trade Agreement (CFTA) limited tender procedures where "for technical reasons there is no competition and the goods or services can only be provided by a particular supplier and there are no alternative products or services.

North American Free Trade Agreement (NAFTA)

In accordance with the NAFTA which allows, due to compatibility, the upgrade of equipment in place. The compatibility factor meets the spirit of Section 1016.2 (b) of the NAFTA applies where, for works of art, or for reasons connected with the protection of patents, copyrights or other exclusive rights, 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.

7. Justification for the Pre-Identified Supplier

EMCS Industries LTD is the only Canadian supplier of OEM products Marelco Cathodic Protection System. He is the owner of intellectual rights on the design and manufacture of anodes. Spare parts must be the same model and series as the equipment on the vessel in order to have an assembly according to the manufacturer's specifications and compatibility is essential. Consequently, in accordance with government contracting policy, it is proposed that a contract be awarded to EMCS Industries LTD which is, the only firm capable of supplying the products.

8. Ownership of Intellectual Property

No intellectual property rights will result from the execution of the work provided by this contract.

9. Period of the proposed contract or delivery date

The equipment must be delivered no later than eight (8) weeks following the contract award.

10. Name and address of the pre-identified supplier

EMCS Industries LTD Unit 5 - 10114 McDonald Park Rd North Saanich, British Columbia, V8L 5X8

11. 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.

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

The closing date and time for accepting statements of capabilities is February 19, 2020; 14:00 HNE.

13. Inquiries and submission of statements of capabilities Inquiries and statements of capabilities are to be directed to:

Name: Melanie Parent Title: Procurement Officer Telephone: (418) 951-6732 Facsimile: (418) 648-2209 E-mail: melanie.parent@tpsgc-pwgsc.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.