Trade Agreement: WTO-AGP/NAFTA/AIT/Canada-Peru
FTA/Canada-Colombia FTA
Tendering Procedures:
Attachment: None
Non-Competitive Procurement Strategy: Interchangeable Parts
Comprehensive Land Claim Agreement: No
Vendor Name and Address:
AIXTRON, Inc.
1139 Karlstad Drive
Sunnyvale California
United States
94089
Nature of Requirements:
1. 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. The National Research Council of Canada (NRC) Canadian
Photonics Fabrication Centre (CPFC) has a requirement for one
(1) close coupled showerhead (CCS) Metal-Organic Chemical
Vapor-Phase Deposition (MOCVD) system, specifically the AIXTRON
CRIUS. Given NRC's vast experience with the with the CCS
technology, NRC wishes to utilize this expertise in scaling up
its volumes. It is intended to negotiate with AIXTRON, Inc. for
the supply of CCS Integrated Concept Metal-Organic Vapour Phase
Epitaxy System, including Gas Handling Systems, Purification,
Extensions, Process Demonstration, Reactor Tools, and Spare
Parts.
3. Minimum Essential Requirements
Any interested supplier must demonstrate by way of a statement
of capabilities that its system meets the following
requirements:
1.0 CCS technology (or equivalent) MOCVD system allowing for
seamless scalability of existing processes (developed over the
last 7 years) of epitaxial growth capabilities from NRC's
existing Thomas Swan CCS 6x2" MOCVD to a minimum of twelve(12)
76mm diameter wafers.
2.0 System easily configurable to allow for future epitaxial
growth on III-V semiconductors of larger wafer diameters.
Specifically seven(7) 4" diameter or three(3) 6" diameter wafers
as minimum acceptable quantities.
3.0 System must be capable of orienting major flats of
semiconductor wafers to center of rotation.
4. This procurement is subject to the following trade
agreement(s):
Agreement on Internal Trade (AIT)
World Trade Organization - Agreement on Government Procurement
(WTO-AGP)
North American Free Trade Agreement (NAFTA)
Canada-Peru FTA (CPFTA)
Canada-Columbia FTA (CCOFTA)
Canada-Chile FTA (CCFTA)
5. Justification for the Pre-Identified Supplier
AIXTRON, Inc. is the exclusive manufacturer of the CRIUS, which
operates with unique features as identified in the "Minimum
Essential Requirements" above. Canada has confirmed the
functionality of the proposed systems as meeting all the
operational requirements of NRC for its intended use.
6. Government Contracts Regulations Exception(s)
Section 6 of the Government Contracts Regulations contains four
exceptions that permit the contracting authority to set aside
the requirement to solicit bids. These are:
a. the need is one of pressing emergency in which delay would be
injurious to the public interest;
b. the estimated expenditure does not exceed
(i) $25,000,
(ii) $100,000, where the contract is for the acquisition of
architectural, engineering and other services required in
respect of the planning, design, preparation or supervision of
the construction, repair, renovation or restoration of a work, or
(iii) $100,000, where the contract is to be entered into by the
member of the Queen's Privy Council for Canada responsible for
the Canadian International Development Agency and is for the
acquisition of architectural, engineering or other services
required in respect of the planning, design, preparation or
supervision of an international development assistance program
or project;
c. the nature of the work is such that it would not be in the
public interest to solicit bids; or
d. only one person or firm is capable of performing the contract.
The following exception to the Government Contracts Regulations
is invoked for this procurement under Section 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 the section of the trade agreement(s) specified:
Agreement on Internal Trade
AIT Article 506(12)(a) to ensure compatibility with existing
products, to recognize exclusive rights, such as exclusive
licences, copyright and patent rights, or to maintain
specialized products that must be maintained by the manufacturer
or its representative; and 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(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; and Article XV(d) for additional deliveries by the
original supplier which are intended either as parts replacement
for existing supplies, or installations, or as 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(5);
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) for additional deliveries by the original supplier
that are intended either as replacement parts or continuing
services for existing supplies, services or installations, or as
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;
The procedural elements of the CCFTA, the CCOFTA, and the CPFTA
are satisfied through compliance with the limited tendering
provisions of NAFTA.
8. The system must be delivered and installed by 31 March 2014.
9. The estimated value of the contract is $2,951,761.74 (GST/HST
extra, as applicable).
10. Name and address of the pre-identified supplier:
Name: AIXTRON, Inc.
Address: 1139 Karlstad Drive, Sunnyvale, California, USA, 94089
11. 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.
12. The closing date and time for accepting statements of
capabilities is 1 March 2013, at 2:00 p.m. EST.
13. Inquiries and statements of capabilities are to be directed
to:
Michelle N. Mascoll
Team Leader
Scientific, Medical and Photographic Division - PV
Commercial and Consumer Products Directorate
Public Works and Government Services Canada
11 Laurier Street, Gatineau, Quebec, K1A 0S5
Telephone: 819-956-3467
Facsimile 819-953-3814
Email: m••••••••@••••••••.••.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.
