Trade Agreement: CETA/WTO-AGP/CPTPP/CFTA/FTAs with Peru/Colombia/Panama/Korea/UK
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:
DSS PROTECTION NS INC.
71 Wright Ave.
Dartmouth Nova Scotia
Canada
B3B1H4
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
The proposed standing offer for the Canadian Coast Guard (CCG)’s Search and Rescue (SAR) program has a requirement for an estimated eighteen (18) power-assisted rescue scoops of sizes and capabilities appropriate for vessels between 14 metres and 120 metres (m) in length with freeboards of between 0.6m and 6.4 m.
2.1 Detail of the Requirement
The power-assisted rescue scoops must satisfy the following technical requirements:
Each device must be capable of:
- horizontal recovery an incapacitated casualty in the water
- careful recovery of casualties from the water directly onto the responding vessel (this means that the device must be capable of being rigged so that those recovered can be lifted clear of hazards and landed on deck in a safe area)
- being operated from the vessel
- being used as a scramble net
These devices must meet the associated minimum technical requirements listed below:
- Rescue reach: between 2m - 6m
- Length of device along vessel: between 3m - 7m
- Depth of device: between 5m - 12m
- Maximum weight: 500 kg
- Fabricated using materials suitable for use in both fresh and salt water environments
- Open mesh device design constructed of fiberglass rods and polyester webbing
- Fitted with flotation of expanded foam or polypropylene
- Lifting rings, lifting harness chain, shackles, eye nuts, bolts, washers and rivets must be constructed of stainless steel
- Capable of being stowed in a small area, typically along a bulwark or railing
- Must have a "Det Norske Veritas - Type Examination Certificate" (DNV-TEC) for a Man Over Board Retrieval System
Additionally the contractor must provide the client with operation and maintenance manuals, all training materials and all of the required documentation pursuant to the proper inspection and certification.
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 their proposed rescue scoop meets or exceed the technical criteria/requirement in Section 2 - Definition of the Requirement.
4. Applicability of the trade agreement to the procurement
This procurement is subject to the following trade agreements:
• Canadian Free Trade Agreement (CFTA)
• 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-Colombia Free Trade Agreement
• Canada-Honduras Free Trade Agreement
• Canada-Panama Free Trade Agreement
• Canada-Peru Free Trade Agreement (CPFTA)
• Canada-Ukraine Free Trade Agreement (CUFTA)
5. Set-aside under the Procurement Strategy for Aboriginal Business
Not Applicable.
6. Comprehensive Land Claims Agreement(s)
Not Applicable.
7. Justification for the Pre-Identified Supplier
The CCG Technical Authority has determined that the Dacon Maritime Rescue Scoop is the only product available to meet requirements. The Rescue Scoop is widely used in similar naval applications. The Rescue Scoop was found after extensive research and is deemed capable of achieving the desired technical requirements. The technology offered by the pre-identified supplier is proprietary.
DSS Protection, is the exclusive distributor of the Original Equipment Manufacturer Dacon Maritime Rescue Products in Canada, including the Dacon Rescue Scoop.
Should Canada receive a Statement of Capabilities from a supplier that contains sufficient information to indicate this it meets the requirements set forth in this ACAN, a competitive process will be triggered with a technical and financial evaluation methodology of the bids proposed by the potential bidders.
8. 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 contract."
9. Exclusions and/or Limited Tendering Reasons
Canadian Free Trade Agreement (CFTA) - Article: 513.1(b) (iii)
1. (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:
(iii) due to an absence of competition for technical reasons;
World Trade Organization - Agreement on Government Procurement (WTO-AGP) - Article XIII.1(b) (iii)
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:
iii. due to an absence of competition for technical reasons;
Canada-European Union Comprehensive Economic and Trade Agreement (CETA) - Article 19.12.1(b) (iii)
(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:
(iii) due to an absence of competition for technical reasons;
Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) - Article 15.10.2(b) (iii)
(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:
(iii) due to an absence of competition for technical reasons;
Canada-Colombia Free Trade Agreement - Article 1409.1(b)(iii)
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:
iii. Due to an absence of competition for technical reasons;
Canada-Honduras Free Trade Agreement - Article 17.11.2(b)(iii)
(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:
(iii) there is an absence of competition for technical reasons;
Canada-Panama Free Trade Agreement - Article 16.10.1(b)(iii)
b. the procurement can be carried out only by a particular supplier and a reasonable alternative or substitute does not exist because:
iii. of the absence of competition for technical reasons;
Canada-Peru Free Trade Agreement (CPFTA) - Article 1409.1(b) (iii)
(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:
(iii) due to an absence of competition for technical reasons;
Canada-Ukraine Free Trade Agreement (CUFTA) - Article 10.13.1(b) (iii)
(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:
(iii) due to an absence of competition for technical reasons;
10. Ownership of Intellectual Property
Ownership of any Foreground Intellectual Property arising out of the proposed contract will vest in the Contractor.
11. Period of the proposed Standing Offer
The proposed standing offer is for a period of one year, and includes an option to extend the contract period by four (4) periods of one (1) year.
12. Cost estimate of the proposed contract
The estimated value of the standing offer, including option is not provided.
13. Name and address of the pre-identified supplier
DSS Protection
71 Wright Avenue,
Dartmouth, Nova Scotia
B3B 1H4
14. 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 of this ACAN and more specifically the Criteria for Assessment of the Statement of Capabilities in accordance with Section 3 of this ACAN.
15. Closing date for a submission of a statement of capabilities
The closing date and time for accepting statements of capabilities is October 7th 2024, 2:00 pm EDT.
16. Inquiries and submission of statements of capabilities
Inquiries and statements of capabilities are to be directed to:
Alex Haydock
Supply Officer
Public Services and Procurement Canada
Defense and Marine Procurement Branch
Place du Portage, Phase III,
11 Laurier Street
Gatineau, Québec
K1A 0S5
Mobile: 343-598-1292
E-mail: alex.haydock@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.
