OmniLog PM System

Trade Agreement: 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: BIOLOG INC 21124 Cabot Way HAYWARD California United States 94545 Nature of Requirements: H4072-123001/A MacNeil, Jennifer Telephone No. - (819) 956-5577 Fax No. - (819) 956-3814

OmniLog PM system

1) 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) Health Canada has a requirement for the purchase of one (1) OmniLog PM System. It is intended to negotiate with Biolog Inc.

3) Minimum Essential Requirements

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

1.0 The system must be designed to perform phenotype microarray assays to characterize bacteria, yeast, fungi and mammalian cells.

2.0 The consumable items must include the MicroPlates, Inoculating Fluids, re-dox dye compounds for anaerobic testing.

3.0 The system must have microplate test panels that are automatically read and analyzed by the built-in software.

4.0 The system must have the ability to phenotypically assess nitrogen sources, phosphorus and sulfur sources, nutrient supplements, peptide nitrogen sources.

5.0 The system must have over 2000 culture conditions simultaenously tested to optimise and/or analyse growth conditions.

6.0 The system must have cellular characterization through substrate utilization with re-dox dye based chemistries.

7.0 The system must have the capability of analyzing over 1900 cellular phenotypes through the use of a total of potentially thirty (30) proprietary microplates.

8.0 The system must have individual substrates loaded into the wells of each plate.

9.0 The system must have automated incubation and reading capability for up to fifty (50) MicroPlates at one time with user controlled temperature range from 22 to 45o C.

10.0 The system must analyze plates every fifteen minutes and data must be captured to create individual growth curves over the assay period for each well of each MicroPlate.

11.0 The system must have flexible data analysis features capable of allowing the end user to select and analyze data using defined parameters including, but not limited to slope, area under the curve and inflection times.

12.0 The system must have data analysis software capable of comparing samples by overlaying growth curve results and selecting differences in growth patterns between multiple strains.

13.0 The system must have a generation of exportable data for use in third party software for analysis or reporting.

14.0 The system must have final reporting of data from automated analysis or user defined analysis showing wells with differences including plate and well location, substrate definition, degree of difference and intended mode of action for all substrates.

15.0 The system must have linkage to KEGG (Kyoto Encyclopedia of Genes and Genomes) for each well and PM plate for use in further data analysis.

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

This procurement is subject to the following trade agreement(s):

Agreement on Internal Trade (AIT) North American Free Trade Agreement (NAFTA) Canada-Peru FTA Canada-Columbia FTA

5) Justification for the Pre-Identified Supplier

Biolog Inc. Is the exclusive manfacturer of the OmniLog PM System which operates with unique features as identified in the "Minimum Essential Requirements" above. Canada has confirmed the functionality of the proposed systems as meeting all the operational requirements of the Health Canada for the intended use.

6) Government Contracts Regulations Exception(s)

The following exception to the Government Contracts Regulations is invoked for this procurement under subsection 10.2 Section 6(d) - "only one person is capable of performing the work").

7) 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:

Agreement on Internal Trade

AIT Article 506 12. b. 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;

North American Free Trade Agreement

NAFTA 1016: 2.(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;

8) Ownership of Intellectual Property.

Ownership of any Foreground Intellectual Property arising out of the proposed contract will vest in the Contractor. 9) The period of the proposed contract or the delivery date(s).

The systems must be delivered by 28 March 2013.

10) A cost estimate of the proposed contract.

The estimated value of the contract is $84,604.48 (GST/HST extra).

11) Name and address of the pre-identified supplier

Name: Biolog Inc. Address: Hayward CA 94545-1130, USA

12) 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.

13) The closing date for a submission of a statement of capabilities.

The closing date and time for accepting statements of capabilities is November 29, 2012 at 2:00 p.m. EST.

14) Inquiries and submission of statements of capabilities.

Inquiries and statements of capabilities are to be directed to

Jennifer MacNeil, Supply Officer 11 Laurier Street, 6A2, Phase III Place du Portage, Gatineau, Quebec, K1A 0S5 Telephone: (819) 956-5577 Facsimile: (819) 956-3814 E-mail address: jennifer.macneil@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.