On-site support & maintenance of Rigaku XRD dMax 2500 analytical instrument

1. Definition

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 Requirements

The department of Natural Resources Canada (NRCan) has a requirement for the provision of on-site support and maintenance of Rigaku XRD dMax 2500 analytical instrument located in Ottawa, ON. Rigaku Americas Corporation is the manufacturer, and has ownership of the Intellectual Property associated with this product.

3. Criteria for Assessment of the Statement of Capabilities

Any interested supplier must demonstrate by way of a statement of capabilities that they meet the following requirements.

The provider must be able to demonstrate that;

• they have the pre-requisite training to service, repair and calibrate the instrument manufactured by the Rigaku Americas Corporation.
• they have any required licences from the manufacturer to provide the needed services.
• any services, repairs or maintenance provided under the contract will result in Rigaku Americas Corporation granting warranties & guarantees as appropriate related to services rendered.

4. Trade Agreements

Trade Agreements are not applicable.

5. Justification for the Pre-Identified Supplier

We intend to deal directly with the supplier mentioned in section 10 below as it is the only known supplier that satisfies the mandatory criteria set out in Section 3 above as well as the requirement as described in Section 2.

Should Canada receive a statement of capabilities from a supplier that contains sufficient information to indicate that it meets the requirements set forth in this ACAN, a competitive process will be triggered with a technical and financial evaluation methodology of the bids proposed by the potential bidders.

6. Exception to the Government Contracts Regulations and applicable trade agreements

In accordance with the Government Contract Regulations (GCR) exception, Part 1, Section 6, (d) only one person or firm is capable of performing the contract.

The proposed Contractor is the manufacturer of the related equipment and the services must be performed by its factory trained engineers otherwise any warranties associated with the equipment will be null and void.

The proposed Contractor, Rigaku Americas Corporation. is the only one able to meet the criteria identified in section 3 above.

7. Ownership of Intellectual Property

Ownership of any Foreground Intellectual Property arising out of the proposed contract will vest in the Contractor.

8. Contract Period

The period of the contract will be from Contract Award Date to March 31, 2022.

9. Estimated Cost

The estimated cost of the contract will not exceed $60,000.00.

10.  Name and Address of the Proposed Contractor

Rigaku Americas Corporation

9009 New Trails Drive

The Woodlands, TX

77381

USA

11.  Suppliers’ right to submit a statement of capabilities

Suppliers who consider themselves fully qualified and available to provide the services/goods described herein, may submit a Statement of Capabilities in writing, preferably by e-mail, to the contact person identified in this Notice on or before the closing date and time of this Notice. The Statement of Capabilities must clearly demonstrate how the supplier meets the advertised requirements.

12.  Closing Date

May 1^st, 2019 at 2:00 P.M. Eastern Daylight Saving Time (EDST).

13.  Contract Authority

Lucie Lepage

Natural Resources Canada

Contracting Officer

580 Booth Street, room 5-D2-2

Ottawa, Ontario

K1A 0E4

Fax: 613-947-5477

E-mail: lucie.lepage@canada.ca