Trade Agreement: WTO-AGP/NAFTA/AIT/Canada FTAs with
Peru/Colombia/Panama
Tendering Procedures:
Attachment: None
Non-Competitive Procurement Strategy: Exclusive Rights
Comprehensive Land Claim Agreement: No
Vendor Name and Address:
Los Gatos Research Inc
67 East Evelyn Avenue, Suite 3
Mountain View California
United States
94041-1529
Nature of Requirements:
Analyzer
1. Advanced 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
Environment Canada's Greenhouse Gases Measurement Laboratory
conducts high quality, continuous measurements of Nitrous oxide
and Carbon monoxide as well as other Greenhouse and trace gases
at 15 remote Observatories in Canada.
Environment Canada (EC) has requested the supply and delivery of
one (1) Analyzer, with the option to purchase two (2) additional
units.
The analyzer is required to measure precise atmospheric levels
of carbon monoxide and nitrous oxide.
3. The Minimum Essential Requirements:
Any interested supplier must demonstrate by way of a statement
of capabilities that its analyzer meets the following minimum
specifications.
1. Measurement Range to include:
300 to 400 ppb Nitrous Oxide
50 to 2000 ppb Carbon Monoxide
2. Measurement Precision
Better than 0.30 ppb Nitrous Oxide
Better than 0.50 ppb Carbon Monoxide
3. Measurement Interval/response time
Maximum 10 seconds
4. Applicability of the Trade agreement (s) to the procurement
This procurement is subject to the following trade agreement(s):
Agreement on Internal Trade (AIT)
North American Free Trade Agreement (NAFTA)
World Trade Organization Agreement on Government Procurement
(WTO-AGP)
5. Justification for the Pre-Identified Supplier
It is intended to sole source this requirement to original
equipment manufacturer Los Gatos Research Inc. 67 East Evelyn
Ave., Suite 3, Mountain View, California, 94041-1529, the only
known source on the market who can meet the LGR N2O/CO Analyzer
(N2O/CO-23d) capabilities with both the Hardware and Software
and compatibility with the existing LGR N2O/CO systems.
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:
-AIT, Article 506.12 a) : to ensure compatibility with existing
products, to recognize exclusive rights, such as exclusive
licenses, copyright and patent rights, or to maintain
specialized products that must be maintained by the manufacturer
or its representative.
-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.
- WTO-AGP, The World Trade Organization Agreement on Government
Procurement (WTO-AGP) ArticleXV (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.
8. Delivery Date
The system must be delivered on or before December 30, 2013.
The optional quantities must be delivered with in 12 weeks of
exercising the option.
9. Name and address of the pre-identified supplier
Los Gatos Research Inc. 67 East Evelyn Ave., Suite 3, Mountain
View, California, 94041-1529,
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.
10. 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.
11. Closing date for a submission of a statement of capabilities
The closing date and time for accepting statements of
capabilities is 18 th October 2013 at 2:00 p.m. EDT.
12. Inquiries and submission of statements of capabilities
Inquiries and statements of capabilities are to be directed to:
Vashti Ramnarine
Public Works and Government Services Canada
Acquisitions Branch - Ontario
33 City Centre Dr., Ste. 480C
Mississauga, Ontario L5B 2N1
Telephone: 905-615-2419 Facsimile: 905-615-2060
E-mail address: v••••••••@•••••.••.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.
