Dust Control Sprayer Systems - Transport Canada - ACAN

Trade Agreement: NAFTA/AIT/Canada FTAs with Peru/Colombia/Panama Tendering Procedures: Generally only one firm has been invited to bid Non-Competitive Procurement Strategy: Government Objectives Representing Best Interests/Value to Govt Comprehensive Land Claim Agreement: Yes Vendor Name and Address: MIDWEST INDUSTRIAL SUPPLY INC 1101 3rd Street Southeast Canton Ohio United States 44707 Nature of Requirements:

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 Transport Canada, Airport operations, wishes to acquire three (3) E-Sprayer Systems for the application of its EnviroKleendust control material at the Cree airports of Waskaganish, Eastmain and Wemindji.

Transport Canada has a Contract for the delivery of 90 000 litres of EnviroKleen dust-control product for 2015 and for 40 000 litres per year for the next two years; for the 3 Cris airports of Waskaganish, Eastmain and Wemindji.

EnviroKleen dust-control is an efficient product, but that is high in viscosity and that cannot be effectively applied with the current equipment. The sprayers that are being used and that are known by Transport Canada do not allow the necessary adjustability of flow and pressure, which can reduce the efficiency of the chemical’s binding agents. Furthermore, the lack of control of flow and pressure can cause leaks and loss of product and affect the uniformity of application of the product. Because more product is required to achieve the required results, time and financial losses are also factors.

Midwest Industrial Supply, Inc. manufactures EnviroKleen dust-suppressant and sprayers (E-Sprayer system); sprayers which are specifically designed for the application of EnviroKleen dust-suppressant product.

3. CRITERIA FOR ASSESSMENT OF THE STATEMENT OF CAPABILITIES (MINIMUM ESSENTIEL REQUIREMENTS) Any interested supplier must demonstrate by way of a statement of capabilities that its product meets the following requirements:

3.1 Capability of spraying all binding agent fines preservation type chemicals with viscosity’s of up to 1500 centipoises with delivery to nozzle’s orifices up to 80 PSI;

3.2 Full flow adjustable back to tank bypass capabilities for full range pressure output adjustments;

3.3 Capability of being mobilized and set-up using no tools;

3.4 Dripless disconnects;

3.5 Be integrated into a modular heavy duty load bearing aluminum frame

3.6 Weight to be less than 350 kilograms;

3.7 System and frame in total to be sized to fin into the back of a standard size Pickup truck bed (i.e. Ford F-250) along with 1041 liter tote;

3.8 System and frame to operate a 9 and a ½ foot spray bar with 180 degree range for safe storage and 10 nozzle settings spaced approximately 12 inches apart for maximum spray pattern.

3.9 Pump to have capabilityof continuous duty service with maximum pressure of 300 PSI (21 bar) and maximum viscosity of 50 000 centipoises;

3.10 Pump to be protected from over pressurization;

3.11 Pump to have capability to adjust output pressures (5- 80 PSI) based on changing viscosities temperatures;

3.12 Pump to have capability of applying product through spray header or option hose reel requiring as much as 80 PSI;

3.13 Pump to have capability of delivery from 1 to 20GPC at 80 PSI;

3.14 Pump to have appropriate chemical compatible resistant seals;

3.15 Diesel engine powered;

3.16 Engine to be high torque diesel engine conforming to Tier 4 transient test 2014 emission standards;

3.17 Diesel engine to have electric start with a remotecable starter box (20’ cord set to fit into vehicle’s cab);

3.18 Engine to have electric start;

3.19 Spray delivery system to have electric motor driven (12 VDC) shut off capability with ¾ second response times.

3.20 All hosing to be rated forproduct chemical compatibilities.

3.21 System must hold its own 12VDC battery for engine start and electric valve operation battery shall have capability of (CA @32F of 850).

4. APPLICABILITY OF THE TRADE AGREEMENTS TO THE PROCUREMENT

This procurement is subject to the following trade agreements:

.1 Agreement on Internal Trade (AIT) .2 North American Free Trade Agreement (NAFTA) .3 Canada-Chile Free Trade Agreement (CCFTA) .4 Canada-Colombia Free Trade Agreement (CCOFTA) .5Canada-Panama Free Trade Agreement (CPAFTA)

This requirement is also subject to the following Comprehensive Land Claims Agreements: James Bay and Northern Quebec Agreement - Cree Portion.

5. JUSTIFICATION FOR THE PRE-IDENTIFIED SUPPLIER We believe that the only product meeting all required technical specifications is the E-Sprayer System from Midwest. For this reason, it is proposed to negotiate this requirement with the company Midwest Industrial Supply, Inc., Canton, Ohio, USA.

6. GOVERNMENT CONTRACTS REGULATIONS EXCEPTION The following exception(s) to the Government Contracts Regulations is (are) invoked for this procurement under subsection 6(d) - only one person is capable of performing the work.

7. EXCLUSIONS AND/OR LIMITED TENDERING REASONS The following exclusions and/or limited tendering reasons are invoked under the trade agreements specified:

.1 Agreement on Internal Trade (AIT) Article 506: Procedures for Procurement: 12. Where only one supplier is able to meet the requirements of a procurement, an entity may use procurement procedures that are different from those described in paragraphs 1 through 10 in the following circumstances: (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.

.2 North American Free Trade Agreement (NAFTA) Part Four: Government Procurement - Chapter Ten Article 1016: Limited Tendering Procedures: 2. An entity may use limited tendering procedures in the following circumstances and subject to the following conditions: (b) 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.

.3 Canada-Chile Free Trade Agreement (CCFTA) Article Kbis-09: Tendering Procedures: 1. Entities may award contracts by means other than open tendering procedures, provided that the tendering procedure is not used to avoid competition or to protect domestic suppliers in the following circumstances, where applicable: (b) where, for works of art, or for reasons connected with the protection ofpatents, 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.

.4 Canada-Colombia Free Trade Agreement (CCOFTA) Article 1409: Limited Tendering: 1. Provided that a procuring entity does not use this provision to avoid competition among suppliers, to protect domestic suppliers, or in a manner that discriminates against suppliers of the other Party, the procuring entity may contact a supplier or suppliers of its choice and may choose not to apply Articles 1405, 1406, 1407, 1408 and 1410 in any of the following circumstances: (b) wherethe 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: (iii) due to an absence of competition for technical reasons.

.5 Canada-Panama Free Trade Agreement (CPAFTA) Article 16.10: Limited Tendering: 1. Provided that a procuring entity does not use this provision to avoid competition among suppliers, to protect domestic suppliers, or in a manner that discriminates againstsuppliers of the other Party, the procuring entity may contact a supplier of its choice and may choose not to apply Articles 16.06, 16.07, 16.08, 16.09 and 16.11 only under the following circumstances, if: b. the procurement can be carried out only by a particular supplier and a reasonable alternative or substitute does not exist because: (iii) due to an absence of competition for technical reasons.

8. PERIOD OF THE PROPOSED DELIVERY DATE The goods must be delivered no later than March 31st, 2016.

9. COST ESTIMATE OF THE PROPOSED CONTRACT The estimated value of the contract is between $70,000 to $100,000 applicable taxes included.

10. NAME AND ADDRESS OF THE PRE-IDENTIFIED SUPPLIER Midwest Industrial Supply, Inc. 1101 3rd Street Southeast Canton, Ohio 44707

11. SUPPLIER ' 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 December 4, 2015 at 2:00 p.m. Eastern standard time (EST).

13. INQUIRIES AND SUBMISSION OF STATEMENTS OF CAPABILITIES Inquiries and statement of capabilities are to be directed to: Marial Tremblay Supply Specialist Public Works and Government Services Canada (PWGSC) CFB Bagotville, P.O. Box 380 Building 62, Room 112 Alouette, Quebec, G0V 1A0

Telephone: (418) 677-4000, Ext.: 4159 Facsimile: (418) 677-3288 E-mail: marial.tremblay@pwgsc.gc.ca Delivery Date: 31/03/2016

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.