Biotek - Synergy H1 Hybrid Multi-Mode Microplate Reader

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: FISHER SCIENTIFIC COMPANY/SOCIETE FISHER SCIENTIFIQUE c/o T10078 P.O. Box 10078 Postal Station A Toronto Ontario Canada M5W2B1 Nature of Requirements: 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's Toxicology Research Division has a requirement for the supply and delivery of one (1) gas controller ready multimode plate reader capable of measuring UV-visible absorbance, fluorescence intensity, fluorescence polarization, time-resolved fluorescence, luminescence, and filtered luminescence. It is intended to negotiate with Fisher Scientific Company for the supply and delivery of the Biotek Synergy H1 Hybrid Multi-Mode Microplate Reader (Model H1MFDG) and associated software.

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 System must contain the following within a single instrument both a monochromator (for flexibility of assay development) and a filter-based optic system (for the increased sensitivity, when necessary).

1.1 Monochromator must be equipped with a low-noise, blue-shifted photomultiplier tube (PMT) providing fluorescence (250 to 700nm), UV-visible absorbance (230 to 999 nm in 1 nm increments, 0 to 4.0 optical density), and luminescence (300 to 700nm, dynamic range of at least 6 decades).

1.2 Filter-based optic system must be equipped with a red-shifted PMT for fluorescence (200 to 850 nm, dynamic range of 5 decades), fluorescence polarization (300 to 850 nm), time resolved fluorescence (200 to 850 nm), and filtered luminescence.

2.0 Data from the system must have security features for multiple group use and be exportable to a spreadsheet program such as Microsoft Excel.

3.0 System must be capable of end-point and kinetic measurements.

4.0 System must be capable of spectral scanning and 99x99 well-area scanning.

5.0 System must accept plates in formats from 1- to 384-well plates.

6.0 System must allow for analysis of 2 microlitre samples as well as larger volume cuvettees.

7.0 System must read fluorescence through the top or bottom of the plate. 8.0 System must have an automatic z-height adjustment for optical detection.

9.0 System must have linear, orbital and double orbital plate shaking modes that are adjustable in duration and intensity.

10.0 System must be capable of plate incubation to at least 45oC (+/- 0.5oC at 37oC).

11.0 System must be engineered for addition of a gas controller to meter CO2 and/or O2 into the plate chamber for in situ maintenance of cell cultures during time course incubations.

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

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

5. Justification for the Pre-Identified Supplier

Fisher Scientific Company is the exclusive distributor of the Biotek Synergy H1 Hybrid Multimode Microplate Reader manufactured by Biotek Instruments, Inc., 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 Health Canada for its intended use.

6. Government Contracts Regulations Exception(s)

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:

a. the need is one of pressing emergency in which delay would be injurious to the public interest;

b. the estimated expenditure does not exceed

(i) $25,000,

(ii) $100,000, where the contract is for the acquisition of architectural, engineering and other services required in respect of the planning, design, preparation or supervision of the construction, repair, renovation or restoration of a work, or

(iii) $100,000, where the contract is to be entered into by the member of the Queen's Privy Council for Canada responsible for the Canadian International Development Agency and is for the acquisition of architectural, engineering or other services required in respect of the planning, design, preparation or supervision of an international development assistance program or project;

c. the nature of the work is such that it would not be in the public interest to solicit bids; or

d. only one person or firm is capable of performing the contract.

The following exception to the Government Contracts Regulations is invoked for this procurement under 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)(a) 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; and 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 Article 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; and Article 1016(2)(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;

The procedural elements of the CCFTA, the CCOFTA, and the CPFTA are satisfied through compliance with the limited tendering provisions of NAFTA.

8. The system must be delivered and installed by 31 March 2013.

9. The estimated value of the contract is $64,769.00 (GST/HST extra, as applicable).

10. Name and address of the pre-identified supplier

Name: Fisher Scientific Company Address: P.O. Box 10078 Postal Station A, Toronto, Ontario, M5W 2B1

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. The closing date and time for accepting statements of capabilities is 25 January 2013, at 2:00 p.m. EST.

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

Michelle N. Mascoll Team Leader Scientific, Medical and Photographic Division - PV Commercial and Consumer Products Directorate Public Works and Government Services Canada 11 Laurier Street, Gatineau, Quebec, K1A 0S5 Telephone: 819-956-3467 Facsimile 819-953-3814 Email: michelle.mascoll@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.