Trade Agreement: WTO-AGP/NAFTA/AIT/Canada FTAs with Peru/Colombia/Panama 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:
J.A. Woollam Co., Inc. 645 M Street, Suite 102 Lincoln Nebraska United States 68508 Nature of Requirements:
SPECTROSCOPIC ELLIPSOMETRY
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 Public Works and Government Services Canada (PWGSC), on behalf of its client, Defence Research and Development Canada (DRDC), proposes to purchase two (2) ellipsometers operating from the ultraviolet (195 nm) to the far infrared (30 µm) spectral bands.
The required (or equivalent) ellipsometer models are: 1) VASE ellipsometer (from J.A. Woollam Co.) to cover the ultraviolet to short wave infrared spectral bands; and 2) IR-VASE ellipsometer (from J.A. Woollam Co.) operating from the shortwave infrared to the long wave infrared spectral bands.
DRDC is an organization which is mandated to carry out measurement of the optical properties of materials of interest (solid and liquid) for the Canadian Armed Forces (CAF). Among these measurements, the extraction of the optical constants of materials has to be performed using two ellipsometers operating in the reflective (ultraviolet to short wave infrared) and infrared spectral band (short wave infrared to long wave infrared) to cover the extended range of the electro-magnetic spectrum of interest (i.e. from 195 nm to 30 µm). To ensure compatibility and complementarity of the spectral measurements performed by these two instruments (with respect to the spectral band, angles of incidence, spectral resolution, sampling rate, data file format, data acquisition software and analysis, accuracy and repeatability of measurements), it is required that the two ellipsometers be manufactured by the same company. The two ellipsometers must employ the same data acquisition and analysis software, the same file format, and share compatible mechanical and optical devices. To the knowledge of DRDC, the VASE and IR-VASE ellipsometers from J.A. Woollam Co. are the only ones that offer an integrated solution to extract optical constants of materials (solid/liquid) of interest for the CAF in the extended electromagnetic spectral range (from 195 nm to 30 µm) and meet the technical requirements.
3. CRITERIA FOR ASSESSMENT OF THE STATEMENT OF CAPABILITIES (MINIMUM ESSENTIEL REQUIREMENTS) Any interested supplier must demonstrate by way of a statement of capabilities that its product meets the following requirements:
The ellipsometers offer an integrated solution to extract optical constants of solid (bulk) and liquid (thin films) materials in the extended electromagnetic spectrum range (continuous spectrum from 195 nm to 30 µm without discontinuities) with the capability of measurement of a large range of geometries using vertical mounting sample, and control of the sample temperature using a cryostat.
The ellipsometers have reflection (R) and transmission (T) ellipsometry capabilities, cross-polarized R/T, depolarization, scattering, anisotropy, Mueller-matrix, and Kramers-Kronig analysis.
The ellipsometers use a single data acquisition and analysis software, common file format, and share compatible mechanical and optical devices between the two instruments
and meet the following technical requirements :
Reflective Ellipsometer (UV - SWIR) Spectral Range: 195 nm to 3.1 µm
Range of Angle of Incidence: 15 to 90 degrees
Repeatability: Psi = ± 0.015 degree, Delta = ±0.1 degree or better with automated steps of
0.01 degree per step
Accuracy: Psi = ± 0.06 degree, Delta = ±0.3 degree or better (195 nm to 3.0 µm spectral band) Source: 75W Xenon Lamp Detectors: Photodiode Indium Gallium Arsenide
InGaAs (195 nm to 2.5 µm) and Photodiode Indium Arsenide
InAs (up to 3.1 µm) Spectral Resolution: 0.05 nm (minimum monochromateur step size) Data Acquisition Rate: Maximum 10 seconds per wavelength
Infrared Ellipsometer (SWIR - LWIR) Spectral Range: 2.0to 30 µm (5000 to 333 cm-1) Range of Angle of Incidence: 30 to 90 degrees
Repeatability: Psi = ± 0.015 degree, Delta = ±0.08 degree or better with maximal automated step of 0.01 degree per step Accuracy: Psi = 45 degrees ± 0.15 degree (5000 to 333 cm-1), Delta = 0 degree ± 0.9 degree (5000 to 333 cm-1) or better Source: Silicon carbide glow bar (5500 to 200 cm-1) Détecteur: Deuterated Triglycine Sulfate (DTGS) (7000 to 200 cm-1) Spectral Resolution: 1 to 64 cm-1 (user selected) Data AcquisitionRate: Maximum of 30 minutes (complete scan @ 16 cm1)
Data acquisition and analysis software The data acquisition and analysis software must be the same to operate both ellipsometers.
The acquisition software can process transmission, reflection, andellipsometric data. The software must have the capacity to perform regression analysis (e.g. gradient method, Newton method, Levenberg-Marquardt algorithm, etc.) and the extraction of optical constants n and k (Kramers-Kronig relations)
The softwaremust have the capacity to save and export processed and analyzed data.
4. APPLICABILITY OF THE TRADE AGREEMENTS TO THE PROCUREMENT
This procurement is subject to the following trade agreements: .1 Agreement on Internal Trade (AIT)
.2 North American Free Trade Agreement (NAFTA)
.3 World Trade Organization - Agreement on Government Procurement (WTO-AGP)
5. JUSTIFICATION FOR THE PRE-IDENTIFIED SUPPLIER J.A. Woollam Co. offers an integrated solution to extract the optical constants of solidand liquid materials in the extended range of the electromagnetic spectrum of interest (i.e. continuously from 195 nm to 30 µm) that meet DRDC`s requirements.
Thus, according to the purchasing policies of Government Contracts, DRDC proposes to award the contract to J.A. Woollam Co. that manufactures and sell exclusively its own optical measurement instruments and which is, to our knowledge, the only company able to provide the required goods.
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 work.
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:
.1 Agreement on Internal Trade (AIT) Article 506: Procedures for Procurement: 12. Where only one supplier is able to meet the requirements of a procurement, an entity may use procurement procedures that are different from those described in paragraphs 1 through 10 in the following circumstances:
(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.
.2 North American Free Trade Agreement (NAFTA) Part Four: Government Procurement - Chapter Ten Article 1016: Limited Tendering Procedures: 2. An entity may use limited tendering procedures in the following circumstances and subject to the following conditions:
(b) 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.
.3 World Trade Organization - Agreement on Government Procurement (WTO-AGP) Article XIII
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 any other Party or protects domestic suppliers, a procuring entity may use limited tendering and may choose not to apply Articles VII through IX, X (paragraphs 7 through 11), XI, XII, XIV and XV only under anyofthe following circumstances: 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.
8.
PROPOSED DELIVERY DATE The goods must be delivered no later than January 31st, 2017.
9.
NAME AND ADDRESS OF THE PRE-IDENTIFIED SUPPLIER J.A. Woollam Co. 645 M Street, Suite #102 Lincoln, NE 68508 United States
10.
SUPPLIER ' 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 writingto 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 CLOSING DATE FOR A SUBMISSION OF A STATEMENT OF CAPABILITIES The closing date and time for acceptation statements of capabilities is on July 7, 2016 at 2:00 p.m. eastern daylight time (EDT).
12.
INQUIRIES AND SUBMISSION OF STATEMENTS OF CAPABILITIES Inquiries and statement of capabilities are to be directed to:
Name: Marial Tremblay
Title: Supply Specialist
Address: Public Works and Government Services Canada (PWGSC)
CFB Bagotville, P.O. Box 380
Building 62, Room 112
Alouette, Quebec, G0V 1A0
Telephone: (418) 677-4000, Ext.:4159
Facsimile: (418) 677-3288
E-mail:
Marial.Tremblay@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.