Trade Agreement: WTO-AGP/NAFTA/AIT/Canada-Peru FTA/Canada-Colombia FTA Tendering Procedures: Generally only one firm has been invited to bid Attachment: None Non-Competitive Procurement Strategy: Exclusive Rights Comprehensive Land Claim Agreement: No Vendor Name and Address:
CONTINUUM 3150 CENTRAL EXPRESSWAY SANTA CLARA California United States 95051 Nature of Requirements:
Multi-head Laser Transmitter
1. ACAN Explanation
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.
2. Definition of Requirement
Environment Canada, Centre for Atmospheric Research, in Egbert, Ontario requires the supply and delivery of one (1) complete and fully functional Multi-head Laser Transmitter with dual output consisting of: a)
two (2) flash lamp pumped NdYag 20 Hz pulsed laser heads emitting simultaneous 355nm, 532nm, and 1064nm, with minimum 60mj at 355nm, Model IH3-20-355,consisting of Inlite III-20, ID, IT, ISP-3 and IMP3 or equivalent;
b) three (3) flash lamp pumped NdYag 20Hz pulsed laser head emitting at 266nm with minimum 45mj at 266nm output, Model IH3-20-266 consisting of Inlite III-20, ID, IQ, ISP-4 and IMP-4 or equivalent;
and c)
five (5) rack mount power and cooling supplies for items a) and b) above and the head cooling systems must be self-contained,
Model IP-2K:
2 KW rack mount power supply consisting of RWA2KW, and SK-5:
5M cables and cooling hoses and system kit
d)
Manuals for above items.
Delivery is required on or before March 28, 2013.
3. Criteria for Assessment of the Statement of Capabilities
3.1 Minimum Essential Requirements:
Any interested supplier must demonstrate by way of a statement of capabilities that its product meets the following requirements:
Multi-head Laser Transmitter with dual output must meet the requirements in Article 2 a), b) c) and d) above; and a) All laser heads must:
i) have integrated dual wavelength internal power monitoring for both constant remote monitoring of laser health and for data calibration;
ii) have a guaranteed flash lamp life of at least 50 Million shots;
iii) have physical dimensions that do not exceed 40cm L x 10cm H x 10cm W b) Must have serial RS232 interface for complete computer control and monitoring . c) Must have rack mountable combined power supply and cooling unit.
4. Applicability of Trade Agreements
This procurement is subject to the following trade agreements:
Agreement on Internal Trade (AIT) World Trade Organization Agreement on government Procurement (WTO-AGP) North American Free Trade Agreement (NAFTA)
5. Justification for the Pre-Identified Supplier
Environment Canada requires a Multi-head Laser Transmitter consisting of three lasers emitting at 266nm and two lasers each emitting simultaneously at 355nm, 532nm and 1064nm for inclusion in a ground based semiautonomous trailer mounted lidar system.
The proposed manufacturer (Continuum) is the only manufacturer that meets all of Environment Canada's essential requirements including a commercially available rack mountable power supply and integrated internal dual wavelength power monitoring.
As Continuum lasers are already in use in a variety of Environment Canada's lidar systems Environment Canada
is already trained in maintenance and operation of Continuum systems.
In addition, Environment Canada has already developed Lidar acquisition software which interfaces with Continuum lasers and significant time would need to be spent in house to develop and test new software if lasers were purchased from a different manufacturer.
Continuum is the manufacturer and the only known distributor of this instrument.
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 or firm is capable of performing the contract"; for patent or copyright requirements, or technical compatibility factors and technological expertise."
7. Exclusions and/or Limited Tendering Reasons
The following exclusion(s) and/or limited tendering reasons are invoked under the section of the trade agreement(s) specified:
Agreement on Internal Trade (AIT) - Article 506.12 (b) "where there is an absence of competition for technical reasons and the goods or services can be supplied only by a particular supplier and no alternative or substitute exists."
World Trade Organization - Agreement on Government Procurement (WTO-AGP) - Article XV.1(a) "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",
and Article XV.1(c) "additional deliveries by the original supplier intended either as parts replacement for existing supplies or installation, or the extension of existing supplies, services, or installations where a change of supplier would compel the entity to procure equipment or services not meeting requirements of interchangeability with already existing equipment or services"
North American Free Trade Agreement (NAFTA) - Article 1016.2 (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." and Article 1016.2 (d) "additional deliveries by the original supplier intended either as parts replacement for existing supplies or installation, or the extension of existing supplies, services, or installations where a change of supplier would compel the entity to procure equipment or services not meeting requirements of interchangeability with already existing equipment or services, including software to the extent that the initial procurement of the software was covered by this Chapter".
8. The Delivery Date
Delivery is required on or before March 28, 2013.
9. Name and Address of the Pre-Identified Supplier
Name:
Continuum Inc.
Address:
3150 Central Expressway, Santa Clara, CA 95051 United States
10. Suppliers' right to submit a statement of capabilities
Suppliers who consider themselves fully qualified and available to provide the goods and 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.
11. The closing date for a submission of a statement of capabilities:
The closing date and time for accepting statement of capabilities is 4 January 2013 at 2:00 p.m. EST.
12. Inquiries and submission of statement of capabilities
Inquiries and statement of capabilities are to be directed to: Louise Smith Supply Team Leader 33 City Centre Drive - Suite 480C, Mississauga, Ontario L5B2N5 Telephone: 905-615-2028 Facsimile: 905-615-2060 E-mail: louise.smith@pwgsc.gc.ca Delivery Date: 28/03/2013
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.
