DOOR, METAL, MARINE STRUCTURAL

Trade Agreement: Agreement on Internal Trade (AIT) Tendering Procedures: Generally only one firm has been invited to bid Non-Competitive Procurement Strategy: Exclusive Rights Comprehensive Land Claim Agreement: No Vendor Name and Address: Joiner Systems Inc. / Systems Joiner Inc. Joiner Systems Inc. 1925 52nd Ave Lachine Quebec Canada H8T3C3 Nature of Requirements:

TITLE: DOOR, METAL, MARINE STRUCTURAL

NSN - NNO: 2040-21-911-8778 DOOR,METAL,MARINE STRUCTURAL MATERIAL:STEEL;TEST PRESSURE RATING:109.0 KPA;OPENING WIDTH:1981.0 MILLIMETERS NOMINAL;OPENING LENGTH:1829.0 MILLIMETERS NOMINAL;DOG QUANTITY:23;SPECIALFEATURES:DOUBLE DOOR;WEATHERTIGHT;ACTIVE DOOR RIGHT SIDE WITH 8 DOGS;INACTIVE DOOR LEFT SIDE WITH 15 DOGS;WITH PORTABLE COAMING;UNPACKAGED UNIT:450.0 KILOGRAMS; NSCM/CAGE - COF/CAGE: 38718 Part No. - Nº de la partie: 8610794REF76

1. Definition of the Requirement

The Department of National Defence (DND) has an urgent requirement for Exterior Frigate Marine Structural Doors for delivery to HMC Dockyard in Halifax, Nova Scotia and Canadian Forces Base (CFB) Esquimalt in Victoria, British Columbia for operational reasons and to certify the ships before they leave mid-life refits. The following exterior Frigate Door is required:

Item 1: NATO Stock Number (NSN): N2040-21-911-8778, Part Number 8610794REF76, Supplier 38718, Quantity 3 (each - East Coast);

Item 2: NATO Stock Number (NSN): N2040-21-911-8778, Part Number 8610794REF76, Supplier 38718, Quantity 3 (each - West Coast).

The Department of National Defence (DND) and Public Works and Government Services Canada (PWGSC)has determined that there are foreground and background Intellectual Property rights involved with this requirement. In accordance with current laws, rules and regulations concerning Intellectual Property, Canada is not able to produce drawings or technical specifications including but not limited to: Structural Specifications (other than dimensions), Shock & Blast, Noise, Vibration, Human Engineering & Systems Safety, materials used in construction, finishing for the finished product as well as EMI,EMP and EMC requirements.

Canada cannot release the extensive testing procedures for the external Frigate doors without compromising some aspects of the intellectual property.

Canada does not have sufficient time to test and approve an equivalentproduct and meet the firm delivery date of the July 6, 2016. Canada cannot consider equivalent products.

Special Instructions

Effective 01 February 2016, all new and old exterior watertight, airtight and gastight doors, hatches and scuttles andall those in wet areas being fitted onboard Navy Ships shall be prepared and coated using the Fluidized Bed Powder Coating method described within CFTO D-23-003-005/SF-002, Annex B5, dated 2016-03-01.

Coating manufacturers will supply a Certificate of Compliance (COC), certifying each product meets the requirements of MIL-PRF-24712, Type IV.

2. Criteria for assessment of the Statement of Capabilities (Minimum Essential Requirements)

Any interested supplier must demonstrate by way of a statement of capabilities that its product meets the definition of the requirement.

3. Applicability of the trade agreements to the procurement.

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

Agreement on Internal Trade (AIT)

4. Justification for the Pre-Identified Supplier

This requirement is sole sourced to Joiner Systems Inc., 1925 52nd Avenue, Lachine, Quebec, H8T 3C3, Canada as they are the only known supplier capable to supply Exterior Frigate Marine Structural Doors meeting the definition of the requirement. Joiner Systems Inc. (J.S.C. Inc), is the intellectual property rights holder, as stipulated on the construction drawings for NSN: 2040-21-911-8778, pursuant to the contract between Saint John Shipbuilding Ltd. (SJSL)and Canada, bearing serial number 2MN83-00415, dated 29 July 1983, and Purchase Order No. 10182 dated 30 Oct. 1986 between SJSL and J.S.C. Inc.

5. Government Contracts Regulations Exception

The following exceptions to the Government Contracts Regulations is invoked for this procurement under subsection 6 (d) - only one person is capable of performing the work;

6. Exclusions and/or Limited Tendering Reasons

The following exclusion(s) and/or limited tendering reasons are invoked under the

Agreement on Internal Trade (AIT) - Article 506 - Procedures for Procurement, paragraph 12 B, No Substitute.

The requirement under Federal Supply Classification 20 for the Department of National Defence is excluded from the North American Free Trade Agreement (NAFTA) as per Annex 1001.1b-1 Goods, Section A - General Provisions, 2nd paragraph and Section B - List of Certain Goods and below the threshold of the World Trade Organization Agreement on Government Procurement (WTO-AGP).

7. Delivery date

The product must be delivered on 6 July 2016.

8. Closing date for a submission of a statement of capabilities

The closing date and time for accepting statements of capabilities is 29 June 2016, at 02:00 PM, Eastern Daylight Saving Time (EDT).

9. Inquiries and submission of statement of capabilities are to be directed to

Jean-François Laprise Supply Specialist Public Works and Government Services Canada (PWGSC) Portage III - 6C2 - 45 11 Laurier St. Gatineau, Quebec, K1A 0S5 Telephone: (819) 420-2902 Jean-Francois.Laprise@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.