Trade Agreement: CETA/WTO-AGP/CPTPP/CFTA/FTAs with Peru/Colombia/Panama/Korea/UK
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:
BAYSPEC, INC.
1101 McKay Drive
San Jose California
United States
95131
Nature of Requirements:
Ultra-Miniature Raman Spectrometer
W4948-23SE51/A
Malko-Moore, Shamael
Telephone No. - (343) 422-7228
ACAN - W4948-23SE51 - Raman Detection Device
1. Advanced Contract Award Notice
An advanced contract award notice (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 meet the requirements set out in the ACAN, on or before the closing date and time stated in the ACAN, the contracting officer may then proceed with the award to the pre-identified supplier.
2. Definition of requirement
Public Services and Procurement Canada, on behalf of the Department of National Defence (DND) is issuing this Advanced Contract Award Notice (ACAN) for the acquisition of four (4) RAMAN Detection Device (Ultra-Miniature Raman Spectrometer).
Quantity: Four (4) Ultra-Miniature Raman Spectrometer
Delivery Point: Department of National Defense, Astra, ON, K0K 3W0
3. Criteria for assessment of the Statement of Capabilities (Minimum Essential Requirements)
Any interested supplier must demonstrate by way of a statement of capabilities that it meets the following requirements:
a) Spectral Range; 300-2000 cm-1
b) Spectral Resolution ~ 15-19 cm-1
c) Spectrograph f-number: f#2
d) Excitation Laser Wavelength; 785nm
e) Laser Power; up to ~80nW
f) Dimensions; ~63 x 39 x 17 mm
g) Weight; ~ 63 g
h) Sampling; side emission/sampling
i) User Interfaces; Lightspec App for Smartphone
j) Control Device; Including A Smartphone with Lightspec App Pre-Installed.
4. Justification for the Pre-Identified Supplier
The Ultra-Miniature Raman Spectrometer offered by Bay Spec Inc. is deemed to be the only Raman detector that meets the requirements of the Department of National Defence due to its size and overall profile and its capability of detecting chemical warfare agents and Toxic Industrial Chemicals in Liquid/Powder states, with the required level of ruggedness, portability and low profile.
5. Government Contracts Regulations Exception
The following exception to the Government Contracts Regulations invoked for this procurement under subsection: Only one person is capable of performing the contract. (6 (d).
6. Exclusions and/or Limited Tendering Reasons
Exclusions and/or limited tendering reasons invoked under the following agreements:
- Canada-Korea Free Trade Agreement (CKFTA)- For your purposes, the relevant provision of Canada-Korea is Article 14.3, which points to the procedural rules in the WTO-GPA:
- Canada-Chile Free Trade Agreement (CCFTA) - Chapter K, Article kbis 16-2c
- Canada-Colombia Free Trade Agreement (CCFTA) - Article 1402: Security and General Exceptions
- Canada-Honduras Free Trade Agreement (CHFTA) - Chapter 17 -Government Procurement - Article 17.11 -Limited Tendering - 2 (b) (ii)
- Canada-Panama Free Trade Agreement (CKFTA) - Chapter 16 Government Procurement - Article 16-10 Limited Tendering - (b) ii)
- Canadian Free Trade Agreement (CFTA) Articles 513.b) ii) and c) i); - the protection of patents, copyrights, or other exclusive rights
- Canada-Peru Free Trade Agreement (CPFTA) - Chapter 14 Government Procurement-Article 14 - Security and General Exceptions - 2 c
7. Cost Estimate of the Proposed Contract
The total estimated value of the contract for four (4) RAMAN Detection Devices (Ultra-Miniature Raman Spectrometer) is between $100,00.00 to $250,000.00CAD
8. Name and Address of the Pre-identified Supplier
Name: Bay Spec Inc.
Address: 1101 McKay Dr, San Jose, CA 95131
9. 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 and time of this notice. This statement of capabilities must clearly demonstrate how the supplier meets the advertised requirements.
10. Closing Date and Time for a Submission of a Statement of Capabilities
The closing date and time for accepting statements of capabilities is 01 November 2022 at 2:00 P.M. Eastern Daylight Time.
11. Inquiries and Submission of Statement of Capabilities
Enquiries and statement of capabilities are to be directed to:
s••••••••@••••••••.••.ca
Attention: Shamael Malko-Moore
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.
