Health Canada Product Safety Laboratory Service Maintenance.

TITLE: Health Canada Product Safety Laboratory Service Maintenance.

SOLICITATION NUMBER: 1000155242.

1. The purpose and explanation of an ACAN

An Advance Contract Award Notice (ACAN) allows Health Canada contracting authorities to post a notice on MERX, for no less than fifteen (15) calendar days, indicating to the supplier community that a good, service or construction contract will be awarded 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.

2. Rights of suppliers

Suppliers who believe that they are fully qualified and available to provide the services or goods described in this ACAN may submit a Statement of Capabilities clearly demonstrating how they meet the advertised requirement. This Statement of Capabilities must be provided via e-mail only to the contact person identified in Section 12 of the Notice on or before the closing date and time of the Notice. If there is a reasonable level of evidence regarding capability, the requirements will be opened to electronic or traditional bidding processes.

3. Proposed Contractor

Agilent Technologies 6705 Millcreek Drive, Unit#5 Mississauga,Ontario L5N 5M4

4. Definition of Requirements or Expected Results

Health Canada’s Product Safety Laboratory has a need for a preventive and service maintenance for a number of analytical instruments. These instruments are highly sensitive and in addition to the daily maintenance performed by our analysts, the instruments require scheduled service maintenance and repair by highly qualified technologists from the supplier of these instruments.

Regular maintenance of these instruments is essential to maintain the testing capacity of our laboratory and to maintain the analytical sensitivity of these instruments.

This preventive maintenance service contract is for the following analytical instruments that are currently used at Product Safety Laboratory: Description: Qty: GC-MS with auto-sampler 3 UHPLC-MS-MS-MS with auto-sampler 1 UHPLC-MS-MS-MS with auto-sampler and Diode Array Detector 1 HPLC-ICP-MS with auto-sampler 1 ICP-MS with auto-sampler 1

These analytical instruments are used to identify chemical hazards and quantify toxic chemicals that are found in consumer products including cosmetics. Among these chemicals we can mention phthalates, Bisphenol-A (BPA), ethylene glycol, lead, cadmium, arsenic, etc that are covered by the Canada Consumer Product Safety Act (CCPSA) and its Regulations. The results obtained from these instruments are used to support enforcement activities by the Inspectors, risk assessment activities by the Regulatory Officer and to ensure that Regulations are supported by scientifically sounded advice by the laboratory.

5. Minimum requirements

Any interested supplier must demonstrate by way of a Statement of Capabilities that it meets the following minimum requirements:

a) Technical Certification to provide Agilent maintenance services. b) Letter from Agilent authorizing the permission to work on Agilent instruments and Agilent software. c) Letter from service provider and approved by Agilent that they will meet the same standard of service and preventive maintenance as offered by the Agilent Advantage Bronze service.

6. Reason for non-competitive award

Agilent as original equipment manufacturer has exclusive ownership and rights to use all IP for the services provided.

Commonality and compatibility with existing equipment

There are no alternative sources of supply. Agilent is the original equipment vendor and is the only supplier that can support and service the equipment. Using different suppliers for the replacement parts may result in damage or loss of performance of these analytical instruments and result in voiding the warranty as well as a reduction of the productivity of the laboratory.

7. Applicable trade agreements and justification for limited tendering or the Procurement Strategy for Aboriginal Business

Section 6 of the Government Contracts Regulations contains four exceptions that permit the contracting authority to set aside the requirement to solicit bids. These are:

(d) Only One Person or Firm is capable of performing the contract. Article 506 Paragraph 12 (a) of the Agreement on Internal Trade (AIT) : 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;

Article 506 Paragraph 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;

Article 1016 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 (d) of the North American Free Trade Agreement (NAFTA) : 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.

Article Kbis-09 Paragraph 1 (b) of the Canada Chile Free Trade Agreement (CCFTA): 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 Kbis-09 Paragraph 1 (c) of the Canada Chile Free Trade Agreement (CCFTA): for additional deliveries by the original supplier that are intended either as replacement parts, extensions, or continuing services for existing equipment, software, services or installations, where a change of supplier would compel the entity to procure goods or services not meeting requirements of interchangeability with existing equipment, software, services, or installations; Article 1409, Paragraph 1 (b), of the Canada-Peru Free Trade Agreement (CPFTA) : where the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist for any of the following reasons: (ii) the protection of patents, copyrights or other exclusive rights, or (iii) due to an absence of competition for technical reasons Article 1409, Paragraph 1 (c), of the Canada-Peru Free Trade Agreement (CPFTA) : for additional deliveries by the original supplier of goods or services that were not included in the initial procurement where a change of supplier for such additional goods and services: (i) cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services, or installations procured under the initial procurement, and (ii) would cause significant inconvenience or substantial duplication of costs to the procuring entity; Article 1409: Limited Tendering 1 (b), -Canada-Colombia Free Trade Agreement (CFTA) :where the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist for any of the following reasons: (ii) the protection of patents, copyrights or other exclusive rights, or

(iii) due to an absence of competition for technical reasons.

Article 1409: Limited Tendering 1 (c), -Canada-Colombia Free Trade Agreement (CFTA): for additional deliveries by the original supplier of goods or services that were not included in the initial procurement where a change of supplier for such additional goods and services: (i) cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services, or installations procured under the initial procurement, and (ii) would cause significant inconvenience or substantial duplication of costs to the procuring entity; Article XV (b) of the World Trade Organization/Agreement on Government Procurement (WTO/AGP) : 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;

Article XV (d) of the World Trade Organization/Agreement on Government Procurement (WTO/AGP) : for additional deliveries by the original supplier which 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

8. Ownership of Intellectual Property

Contractor to own IP

9. Period of the proposed contract

The contract period shall be from date of contract award until November 30, 2014 with the option to extend the contract for up to four (4) additional 1 year periods.

10. Estimated value of the proposed contract

The total value of any contract emanating from this Advanced Contract Award Notice (ACAN) shall not exceed $565,000.00, including all option years, travel and living expenses and all applicable taxes.

11. Closing date and time

The closing date and time for accepting Statements of Capabilities is January 6, 2014 at 3:00 pm EST

12. Contact Person

Include the following: All inquiries with regard to this Notice must be addressed by e-mail to:

Name: Donna Pettit E-Mail: Donna.pettit@hc-sc.gc.ca