ASE Extractor

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: Exclusive Rights Comprehensive Land Claim Agreement: No Vendor Name and Address: THERMO FISHER SCIENTIFIC (MISSISSAUGA) INC. 2845 Argentia Rd Unit 4 Mississauga Ontario Canada L5N8G6 Nature of Requirements: KW405-130518

ACCELERATED SOLVENT EXTRACTOR

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.

The Department of Environment Canada (EC) has a requirement for the supply and delivery of an Accelerated Solvent Extractor (ASE).

The delivery date is March 31, 2013.

Environment Canada, in support of their research and surveillance programs, requires an instrument to collect data on the amount of chemical contamination generated from the oil sand exploration sites and their surrounding area. A large volume of oil sand samples are analyzed for petroleum hydrocarbons (PHSs), poly-aromatic hydrocarbons (PAHs) and alkyl-PAHs.

The ASE will enable EC to process more samples with less manpower in a shorter period of time.

The ASE is a Dionex Canada instrument that is part of Thermo Fisher Scientific of Oakville, Ontario.

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

Mandatory capabilities of the ASE Instrument include but are not limited to: 1. Extraction of a minimum of 10 samples in a sequence. 2. Offering choice of using at least 2 different solvents in varying proportions which can be programmed to change within the sequence. 3. Extraction of a maximum of 50g of dried sediment. 4. Utilizes waste solvent containers. 5. Has temperature control as a variable during extraction. 6. Operates at a minimum of 1000 p.s.i.

Thermo Fisher Scientific is the sole manufacturer and distributer and is the only company who offers an ASE that meets all of the requirements noted above.

This procurement is subject to the following trade agreements: Agreement on Internal Trade (AIT), World Trade Organization - Agreement on Government Procurement (WTO-AGP), and North American Free Trade Agreement (NAFTA).

Government Contract Regulations 10.2.1 Section 6 (d) states if 'only one person or firm is capable of performing the contract', the requirement is exempt from the competitive process. AIT, Article 506: Procedures for Procurement 12 (b) states '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', alternative procurement procedures may be used. NAFTA, 1016, 2(b) has an exception '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'.

Suppliers who consider themselves fully qualified and available to meet the specified requirements 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 closing date and time for accepting statements of capabilities is: Friday, November 1, 2013.

Inquiries and statements of capabilities are to be directed to

Robert Berends, Supply Specialist Public Works and Government Services Canada Acquisitions Branch 33 City Centre Drive, Suite 480C Mississauga, Ontario L5B 2N5 Telephone: 905-615-2465 Facsimile: 905-615-2060 E-mail address: Robert.berends@pwgsc.gc.ca Delivery Date: 31/03/2014

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.