Request for Proposals for the right to negotiate the terms and conditions for the transfer of the material from the Southern Ontario pear, nectarine, peach and apricot breeding program of Agriculture and Agri-Food Canada

A. Introduction

Agriculture and Agri-Food Canada (AAFC) seeks to transfer the material from its pear, nectarine, peach and apricot breeding program at Harrow and Vineland (Ontario) to an organization outside of the Government of Canada. This transfer is motivated by AAFC's decision to no longer pursue this program.

The purpose of this Request for Proposal is to invite interested organizations that meet essential requirements to submit Proposals in accordance with the guidelines set out in this document.

The selected Proponent would be granted the right to negotiate the terms and conditions of the transfer of the breeding material described in section G. 'Description of the material'. These terms and conditions could include the right to cross-breed, evaluate, select, produce, protect and commercialize new selections and varieties of the specified fruit tree species.

B. Who can submit a Proposal?

In order to qualify for this Request for Proposal the Proponent must clearly indicate in its Proposal how it meets the following essential requirements:

1. Be a legal, not-for-profit entity that has been operating in Canada for at least the past two years;
2. Be in good standing in all of its contracting relations with Her Majesty the Queen in right of Canada (AAFC), with no legal proceedings currently in progress with AAFC or any other entities of the Government of Canada;
3. Be in a sound financial position and not have submitted an application under one or more debtor protection laws;
4. Be authorized or capable of obtaining authorization to conduct business in Canada or in a Province or Territory of Canada;
5. Own or have legal access to land, infrastructure and science capacity that are essential to carry a tree fruits breeding program. Such land, infrastructure and science capacity must not belong to Agriculture and Agri-Food Canada or any other entity of the Government of Canada;
6. Be willing to pay for Intellectual Property Rights associated with varieties;
7. Be willing to pay for the physical transfer and, possibly, phytosanitary cleansing, of the plant material associated with this Request for Proposal, whether it is budwood, trees, or any other form under which germplasm would be transferred;

Failure of a Proponent to meet some or all of these essential requirements will result in the rejection its Proposal without further notification.

C. Key steps

This Request for Proposals is a step in the screening process intended to transfer the material to a chosen organization. As a whole, the entire process could include the following steps:

1. Receipt of Proposals by AAFC;
2. Evaluation of Proposals by AAFC;
3. Grant of a right to negotiate the terms and conditions for the transfer of the material to the selected Proponent;
4. Beginning of negotiations;
5. Signing of an agreement or cessation of negotiations.

Proponents that wish to receive clarifications concerning the Request for Proposals may submit their queries in writing to:

Benoît Rancourt, Commercialization Officer
Agriculture and Agri-Food Canada
Horticulture Research and Development Centre
430 Gouin Boulevard
Saint-Jean-sur-Richelieu
Quebec, Canada J3B 3E6
Tel: 450-515-2082
Fax: 450-346-7740
Email: Benoit.Rancourt@agr.gc.ca

Organizations who attempt to obtain information concerning any aspect of the Request for Proposals process or any aspect of the material offered during the solicitation period from an AAFC representative other than the above-named Officer could be disqualified for no other reason.

D. Prerogatives of Agriculture and Agri-Food Canada

AAFC reserves the right to exercise the following prerogatives:

1. Receipt of a Request for Proposal from one or more Proponent does not oblige AAFC in any manner whatsoever to grant negotiation rights or other rights to the said Proponent.
2. The Proponent is solely responsible for all costs incurred to prepare its Proposal, including all related financial costs.
3. AAFC could ask the Proponent to substantiate its financial capacity by requesting that it provide financial statements.
4. AAFC reserves the right to require financial compensation in exchange for the transfer of material from the breeding program.
5. AAFC reserves the right, following the close of the Request for Proposal solicitation period, to request clarifications concerning any aspect of a submitted Proposal.
6. AAFC reserves the right to reject any Proposal.
7. All Proposals will be processed as confidential commercial information in accordance with the Access to Information and Privacy Acts.
8. Proposals will remain confidential. However, AAFC will disclose the name of the selected Proponent within 30 days following the end of the submission period. The selected Proponent will be contacted regarding subsequent steps.
9. Following selection of a Proponent, an agreement towards the transfer of the material must be reached within six (6) months. If the negotiations are unproductive, AAFC may decide to negotiate with another organization of its choice.

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E. Outline and transmittal of proposals

The Proposals must:

1. Show that the Proponent meets the requirements of Section B. 'Who can apply?' and Section F. 'Content and rating of Proposals';
2. Be written on letter-size paper using the Times New Roman 12-point font. The general appearance of the document must be of professional quality;
3. Be written in correct, clear and concise language while covering all of the required aspects;
4. Be submitted in duplicate original copies signed by persons granted signing authority by their organization. Their name and title must appear in printed letters under their signature;
5. Be forwarded in a sealed envelope marked "Protected Commercial Information";
6. Reach the address specified below no later than April 13, 2012 at 4 p.m., Eastern Standard Time. To protect commercial information, AAFC will not accept the transmittal of documents by electronic means;
7. Be forwarded to the attention of the following Officer at the following address:

Benoît Rancourt, Commercialization Officer
Agriculture and Agri-Food Canada
Horticulture Research and Development Centre
430 Gouin Boulevard
Saint-Jean-sur-Richelieu
Québec, Canada J3B 3E6
Tel: 450-515-2082
Fax: 450-346-7740
Email: Benoit.Rancourt@agr.gc.ca

F. Content and rating of Proposals

Proposals must explain how the Proponent meets the profile sought by AAFC. More specifically, the Proposal must cover the points and answer the questions below with detailed, proactive answers. Note that Proposals must be organized using the same sections and subsections.

1. Scientific Capacity (65 points):
   1. Explain how your organization has the scientific capacity required to conduct a breeding program for Pyrus and Prunus-type fruit varieties.
   2. What types of infrastructure and machinery does your organization have (fields, warehouses, greenhouses, laboratories, etc.) to conduct such a breeding program?
   3. Does your organization have the qualified human resources needed to conduct the program (breeders, technicians, etc.)? If so, describe those human resources personnel.
2. Breeding Strategy (50 points):
   1. What breeding strategy would you use for each plant species in the medium and long terms? Describe the issues (yield, diseases, fruit quality, transformation, exports, etc.) that the industry is facing and that your breeding strategy would seek to solve.
   2. What type of financial and in-kind investments are you willing to commit to such a program?
3. Linkages with the Targeted Industry (30 points):
   1. What is your relationship with the Pyrus and Prunus industry?
   2. Describe your contacts and other collaborative undertakings with this industry in general, and with Pyrus and Prunus producers in Canada specifically.
4. Marketing Strategy (20 points):
   1. How would your organization proceed in making new varieties of Pyrus and Prunus available in the short, medium and long terms to all Canadian producers, with equal access and transparency for all?
      1. What marketing strategy would you use in Canada and abroad?
      2. How would you ensure affordable, equal and transparent access to Canadian producers?
   2. What marketing and communications tools do you intend to use?
5. Managerial Capacity (20 points):
   1. Describe the methods you would use to manage the breeding program, including but not limited to, quality control and record keeping.
   2. Describe the resources you intend to assign to the management of the breeding program.
6. Financial Offer (15 points)
   • Would your organization be willing to make a financial offer in exchange for the rights to cross-breed, select and commercialize the material?

Total Points: 200 points

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G. Description of the material

The material consists of budwood from four plant species: Pyrus communis (pear tree), Prunus persica nucipersica (nectarine tree), Prunus persica (peach tree) and Prunus armeniaca (apricot tree).

The material is divided into four categories according to the status of its evaluation and the results of such evaluation.