Trade Agreement: NAFTA/AIT/Canada FTAs with Peru/Colombia/Panama
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:
Cyber Technologies
962 Terra Bella Ave
San Jose California
United States
95125
Nature of Requirements:
REQUIREMENT: HIGH-RESOLUTION AND HIGH SPEED 3D SCANNING
PROFILOMETER SYSTEM
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 Ottawa has a requirement for
the purchase of a High-Resolution and High Speed 3D Scanning
Profilometer System capable of profiling rough surface
structures and fine features of metallic traces.
3. Minimum Essential Requirements
Any interested supplier must demonstrate by way of a statement
of capabilities that its system meets the following
requirements:
3.1 The system must have a vertical resolution less than 2 (nm)
and a lateral resolution that is 1(µm) or less.
3.2 The system must have a bi-directional scanner with a
magnetic-linear drive to minimize the noise and increase the
resolution and to accurately measure samples that have features
sizes of less than 100mm in width, less than 300 nm in height
and surface roughness of 100 nm
3.3 The system must have a modular design to accommodate other
sensors including but not restricted to an interferometer and
come complete with a 3D software package able to collect and
analyze rough surfaces.
3.4 The system must also have the capability to merge vertical
individual scans to satisfy in orrder to deliver samples that
exceed the measurement range of the sensor.
3.5 The system must have the capability to provide multiple
scans that can be combined vertically to generate a full 3D scan
of a larger feature/structure.
3.6 The system must have the capability to automatically adjust
the lamps intensity, based on actual sample reflectivity in
order to facilitate the measurement of a variety of sample
surfaces.
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) ( delete if not applicable )
North American Free Trade Agreement (NAFTA)
Canada-Peru FTA
Canada-Columbia FTA
5. Comprehensive Land Claims Agreement(s)
Not Applcable.
6. Justification for the Pre-Identified Supplier
The High-Resolution and High Speed 3D Scanning Profilometer
System operates unique features as identified in the "Minimum
Essential Requirements" above. Canada has confirmed the
functionality of the proposed system as meeting all the
operational requirements of the National Research Council (NRC)
for the NRC's characterization of screen printed metallic/silver
traces samples use.
7. Government Contracts Regulations Exception(s)
10.2 Exceptions 10.2.1 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 $25,000,
$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 $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 subsection 10.2 Section
6(d) - "only one person is capable of performing the work").
8. Limited tendering provisions under NAFTA Article 1016.2(d)
and AIT Article 506.12(b) for reasons based on exclusive rights
will apply.
9. 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.(d) 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.
North American Free Trade Agreement
NAFTA 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.
10. Ownership of Intellectual Property.
Ownership of any Foreground Intellectual Property arising out
of the proposed contract will vest in the Contractor.
11. The period of the proposed the delivery date.
The instruments must be delivered by 31 March 2014.
12. Name and address of the pre-identified supplier:
Cyber Technologies USA, LLC
962 Terra Bella Ave
San Jose, CA
95125
13. 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.
14. The closing date for a submission of a statement of
capabilities.
The closing date and time for accepting statements of
capabilities is December 16, 2013 at 2:00 p.m. EST.
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.
