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.
