EXCPT0001703 - Renewal of NetApp StorageGrid support for 54 months

Exception basis: Section 5.3.4.3. subsection 1) Unique Supplier of BDC Procurement Directive and Section 513 of CFTA – Limited Tendering:
•            Section 513 of CFTA: Subject to paragraphs 2 and 3, and provided that it does not use this provision for the purpose of avoiding competition among suppliers or in a manner that discriminates against suppliers of any other Party or protects its own suppliers, a procuring entity may use limited tendering in the following circumstances:
(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; and
      (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.
CETA Article 19.12 – Limited Tendering :

1. Provided that it does not use this provision for the purpose of avoiding competition among suppliers or in a manner that discriminates against suppliers of the other Party or protects domestic suppliers, a procuring entity may use limited tendering and may choose not to apply Articles 19.6 through 19.8, paragraphs 7 through 11 of Article 19.9, and Articles 19.10, 19.11, 19.13 and 19.14 under any of the following circumstances: