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, 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 Department of National Defence has a requirement for the supply of the
following:
GSIN: 3655, NSN: 3655-01-690-1839, TRANSFER UNIT, LIQUID OXYGEN
Part No.: 50C-0115-3, NCAGE: 19062
Quantity: 4, Unit of Issue: EA:
3. Criteria for assessment of the Statement of Capabilities (Minimum Essential
Requirements)
Any interested supplier must demonstrate by way of a statement of capabilities, in
the form of a letter from the Original Equipment Manufacturer (OEM), upon
request, stating that the OEM will supply the items listed in part 2.
4. This procurement is subject to the following trade agreement(s)
• World Trade Organization Agreement on Government Procurement (WTO
GPA) - Revised
• Canada-Panama Free Trade Agreement
• Canada-Korea Free Trade Agreement (CKFTA)
• Canada-Honduras Free Trade Agreement
• Canadian Free Trade Agreement (CFTA)
• Canada-European Union Comprehensive Economic and Trade Agreement
(CETA)
• Comprehensive and Progressive Agreement for Trans-Pacific Partnership
(CPTPP)
• Canada-Ukraine Free Trade Agreement 2023 Modernized (CUFTA)
• Canada-UK Trade Continuity Agreement (Canada-UK TCA)
• Canada-Chile Free Trade Agreement (CCFTA)
• Canada-Colombia Free Trade Agreement
• Canada-Peru Free Trade Agreement (CPFTA)
5. Justification for the Pre-Identified Supplier
The TRANSFER UNIT, LIQUID OXYGEN sought by the Department of
National Defence on this procurement (as outlined under part 2) is only
manufactured by one supplier, Essex Industries Inc. Essex Industries is the only
manufacturer capable of performing the work.
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 exclusion(s) and/or limited tendering reasons are invoked under:
Canadian Free Trade Agreement (CFTA), Article 513.1: Limited Tendering (b)
(ii) the protection of patents, copyrights, or other exclusive rights;
Canada–Chile Free Trade Agreement (CCFTA), Article Kbis-09: Tendering
Procedures, para 1 : Limited Tendering b. where the goods or services can be
supplied only by a particular supplier and no reasonable alternative or substitute
exists;
Canada–Colombia Free Trade Agreement (CCoFTA), Article 1409 Limited
Tendering b. ii. The protection of patents, copyrights or other exclusive rights;
Canada–Honduras Free Trade Agreement (CHFTA), Chapter 17, Article 17.11
Limited Tendering (b) (ii) the good or service is protected by a patent, copyright
or other exclusive intellectual property right;
Canada–Korea Free Trade Agreement (CKFTA), which defers to WTO-AGP
Article XV, Limited Tendering b) when, for works of art or for reasons
connected with protection of exclusive rights, such as patents or copyrights;
Canada–Panama Free Trade Agreement (CPFTA), Chapter 16, Article 16.10
Limited Tendering b. ii. a good or service being procured is protected by a
patent, copyright or another exclusive right
Canada–Peru Free Trade Agreement (CPAFTA), Article 1409: Limited
Tendering (b) (ii) the protection of patents, copyrights or other exclusive rights;
World Trade Organization – Agreement on Government Procurement - Revised
(WTO-AGP), Article XV – Limited Tendering b. Limited Tendering b) when, for
works of art or for reasons connected with protection of exclusive rights, such as
patents or copyrights, or in the absence of competition for technical reasons, the
products or services can be supplied only by a particular supplier and no
reasonable alternative or substitute exists;
Canada-European Union Comprehensive Economic and Trade Agreement
(CETA), Article 19.12(b)(ii) the protection of patents, copyrights or other
exclusive rights;
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) (ii) the protection of patents, copyrights or other
exclusive rights;
Canada–Ukraine Free Trade Agreement - 2023 Modernized (CUFTA) -The
provisions of WTO-AGP Article XV, Limited Tendering are incorporated by
reference into and made part of this Agreement.
8. Ownership of Foreground Intellectual Property
o Ownership of any Foreground Intellectual Property arising out of the
proposed contract will vest in the Contractor.
9. Period of the proposed contract or delivery date
o Delivery of items to begin by 15 March 2027.
10. Cost estimate of the proposed contract
The estimated value of the contract is $1,319,618.00 (taxes extra).
11. Name and address of the pre-identified supplier:
ESSEX INDUSTRIES INC., 8007 CHIVVIS DR, SAINT LOUIS, MO, USA
63123-2333.
12. 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.
13. Closing date for a submission of a statement of capabilities
The closing date and time for accepting statements of capabilities is 19
December, 2025 at 14:00 EDT.
14. Inquiries and submission of statements of capabilities
Inquiries and statements of capabilities are to be directed to:
Kyle Sorrie DAP 2-2-7
Email: kyle.sorrie@forces.gc.ca
