Advanced Contract Award Notice (ACAN)
23-58036 DASbox Mini Bioreactor System
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
The National Research Council of Canada’s (NRC) Aquatic and Crop Resource Development (ACRD) Research Centre has a requirement for the supply of a DASbox Mini-Bioreactor System/Configurable DASGIP System (The system). The system must be a parallel bioreactor system to expand existing fermentation capabilities in NRC Charlottetown. The system must be compatible specifically with the DASware Software Suite for interconnectivity and managing bioprocess data with existing equipment in the facility; and have capacity for a minimum of 8 cultures to run in parallel or individually. The system must be delivered, installed, and the vendor must provide on-site training for up to six (6) NRC representatives.
3. 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/equipment/system (as appropriate) meets the following requirements:
-System must support both mammalian cell culture and microbial (bacteria, yeast, fungi) fermentation processes
-The controller system must have capacity for a minimum of 8 cultures to run in parallel or individually
-8 cultures must each have working volumes in the range of 60 to 250 mL
-System must be able to accommodate glass reusable (autoclavable) and single-use reactors, and support the use of both glass and single use vessels at the same time on a single unit
-The system must be user configurable with potential for expansion with additional controllers and/or vessels up to 24 bioreactors in parallel setup
-The system must be compatible specifically with the DASware Software Suite
-Must have integrated digital sensor capabilities for each reaction vessel supporting process control of:
1. Temperature (min 10oC to 60oC)
2. pH (acid and base)
3. nutrient content
4. analog DO control (agitation, O2 concentration, gas flow rate)
5. foam control/level
6. Optical sensors must be available
4. Applicability of the trade agreement(s) to the procurement:
This procurement is subject to the following trade agreements:
Canadian Free Trade Agreement (CFTA)
Canada–Chile Free Trade Agreement (CCFTA)
Canada–Colombia Free Trade Agreement (CCoFTA)
Canada–Honduras Free Trade Agreement (CHFTA)
Canada–Korea Free Trade Agreement (CKFTA)
Canada–Panama Free Trade Agreement (CPAFTA)
Canada–Peru Free Trade Agreement (CPFTA)
Canada–United Kingdom Trade Continuity Agreement (Canada-UK TCA)
World Trade Organization - Agreement on Government Procurement (WTO-AGP)
Canada-European Union Comprehensive Economic and Trade Agreement (CETA)
Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
Canada-Ukraine Free Trade Agreement (CUFTA)
5. Justification for the Pre-Identified Supplier:
Eppendorf Canada is the only vendor capable of supplying the DASbox Mini Bioreactor System which is required because of its module interchangeability, scalability and compatibility with the existing DASGIP system. The system/software compatibilities of the DASGIP and DASbox Mini allows for seamless transfer of methodologies and the scale up/scale down of fermentation processes between the 2 systems. Specifically, it is the proprietary DASware control software that operates the systems, and is what is required for compatibility.
6. Government Contracts Regulations Exception:
The following exception to the Government Contracts Regulations is 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:
Canadian Free Trade Agreement (CFTA), Article 513.1: Limited Tendering
(b) if the 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:
(ii) the protection of patents, copyrights, or other exclusive rights;
(iii) due to an absence of competition for technical reasons.
(v) to ensure compatibility with existing goods, or to maintain specialized goods that must be maintained by the manufacturer of those goods or its representative;
(i) cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services, or installations procured under the initial procurement.
Canada–Chile Free Trade Agreement (CCFTA), Article Kbis-09: Tendering Procedures, para 1 : Limited Tendering
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.
c. for additional deliveries by the original supplier that are intended either as replacement parts, extensions, or continuing services for existing equipment, software, services or installations, where a change of supplier would compel the entity to procure goods or services not meeting requirements of interchangeability with existing equipment, software, services, or installations;
Canada–Colombia Free Trade Agreement (CCoFTA), Article 1409 Limited Tendering
b. Where the 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:
ii. The protection of patents, copyrights or other exclusive rights, or
iii. Due to an absence of competition for technical reasons.
c. For additional deliveries by the original supplier of goods or services that were not included in the initial procurement where a change of supplier for such additional goods and services:
i. Cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services, or installations procured under the initial procurement,
Canada–Honduras Free Trade Agreement (CHFTA), Chapter 17, Article 17.11 Limited Tendering
(b) a good or service being procured can be supplied only by a particular supplier and a reasonable alternative or substitute does not exist because:
(ii) the good or service is protected by a patent, copyright or other exclusive intellectual property right, or
(iii) there is an absence of competition for technical reasons.
(c) for additional deliveries by the original supplier of a good or service that are intended either as replacement parts, extensions, or continuing services for existing equipment, software, services or installations, a change of supplier would compel the procuring entity to procure a good or service not meeting requirements of interchangeability with existing equipment, software, services, or installations procured under the initial procurement;
Canada–Korea Free Trade Agreement (CKFTA), which defers to WTO-AGP Article XIII, Limited Tendering
b) where the 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:
ii. the protection of patents, copyrights or other exclusive rights; or
iii. due to an absence of competition for technical reasons.
c) for additional deliveries by the original supplier of goods or services that were not included in the initial procurement where a change of supplier for such additional goods or services:
i. cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services or installations procured under the initial procurement;
Canada–Panama Free Trade Agreement (CPFTA), Chapter 16, Article 16.10 Limited Tendering
b. procurement can be carried out only by a particular supplier and a reasonable alternative or substitute does not exist because: (ii) a good or service being procured is protected by a patent, copyright or another exclusive right, or
(iii) of the absence of competition for technical reasons. c. (i) cannot be made for economic or technical reasons, such as requirements of interchangeability or interoperability with existing equipment, software, services or installations procured under the initial procurement.
Canada–Peru Free Trade Agreement (CPAFTA), Article 1409: Limited Tendering
(b) where the 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:
(ii) the protection of patents, copyrights or other exclusive rights, or
(iii) due to an absence of competition for technical reasons.
(c) for additional deliveries by the original supplier of goods or services that were not included in the initial procurement where a change of supplier for such additional goods and services:
(i) cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services, or installations procured under the initial procurement
World Trade Organization Agreement on Government Procurement (WTO-AGP), Article XIII – Limited Tendering
b. where the 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: (ii) the protection of patents, copyrights or other exclusive rights; or (iii) due to an absence of competition for technical reasons; c. (i) cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services or installations procured under the initial procurement.
Canada-European Union Comprehensive Economic and Trade Agreement (CETA), Article 19.12(b)(ii); (c)(i)
b. if the 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: ii. the protection of patents, copyrights or other exclusive rights; and
c. for additional deliveries by the original supplier of goods or services that were not included in the initial procurement if a change of supplier for such additional goods or services:
i. cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services or installations procured under the initial procurement.
Canada-United Kingdom Trade Continuity Agreement (Canada-UK TCA) - The provisions of CETA are incorporated by reference into and made part of this Agreement.
Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), Article 15.10
b. if the good or service can be supplied only by a particular supplier and no reasonable alternative or substitute good or service exists for any of the following reasons: (ii) the protection of patents, copyrights or other exclusive rights
(iii) due to an absence of competition for technical reasons; c. for additional deliveries by the original supplier of goods or services that were not included in the initial procurement where a change of supplier for such additional goods or services:
(i) cannot be made for technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services or installations procured under the initial procurement, or due to conditions under original supplier warranties.
Canada–Ukraine Free Trade Agreement (CUFTA), Article10.13: Limited Tendering
(b) if the 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:(i) the requirement is for a work of art; (ii) the protection of patents, copyrights or other exclusive rights; or (iii) due to an absence of competition for technical reasons; (c) for additional deliveries by the original supplier of goods or services that were not included in the initial procurement if a change of supplier for such additional goods or services: (i) cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services or installations procured under the initial procurement.
8. Period of the proposed contract or delivery date:
The system must be delivered, installed, and training completed on or before March 29, 2024.
9. Cost estimate of the proposed contract:
The estimated value of the contract is $ 427,409.76 (HST extra).
10. Name and address of the pre-identified supplier:
Eppendorf Canada
2810 Argentina Road, #2
Mississauga, ON L5N 8L2
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. Closing date for a submission of a Statement of Capabilities:
The closing date and time for accepting Statements of Capabilities is October 19, 2023 at 2:00 p.m. (EDT).
13. Inquiries and submission of Statements of Capabilities
Inquiries and Statements of Capabilities are to be directed to:
Katie Homuth
Senior Contracting Officer
Finance and Procurement Services Directorate
National Research Council Canada
E-mail: Katie.Homuth@nrc-cnrc.gc.ca
