DMM-230A DEKATI MASS MONITOR

Trade Agreement: NAFTA/AIT/Canada-Peru FTA/Canada-Colombia FTA
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: 
Particle Instruments LLC
PO Box 270393
Vadnais Heights Minnesota
United States
55127
Nature of Requirements: 
DMM-230A DEKATI MASS MONITOR

K8A21-120058/A
Buller, Julie
Telephone No. - (819) 956-7365 

An ACAN is a public notice indicating to the supplier community t
at a department or agency intends to award a contract for goods, 
ervices or construction to a pre-identified supplier, thereby all
wing other suppliers to signal their interest in bidding, by subm
tting a statement of capabilities.  If no supplier submits a stat
ment of capabilities that meets the requirements set out in the A
AN, on or before the closing date stated in the ACAN, the contrac
ing officer may then proceed with the award to the pre-identified
supplier.

1)  Definition of Requirement

Environment Canada's Emissions Research and Measurement Section (
RMS) has a requirement for an exhaust sampling and particle mass 
onitor (PM) to determine/ measure combustion generated exhaust pa
ticle mass concentration from various vehicle chassis/engines.  
It is intended to negotiate with Particle Instruments, LLC for th
 supply of a particle monitor which addresses all ERMS performanc
 and technical requirements for this system. 
	
2) Criteria for Assessment of the Statement of Capabilities

The PM must have a time resolution of one second or less ( < 1 se
) to measure exhaust particles and allow real time data capture o
 emissions from pre-programmed vehicle/engine drive cycle testing
which engine speed changes on a second to second basis.  Addition
lly, as current ERMS PM inventories all measure particle paramete
s in one second or less time resolutions, the requirement is crit
cal to ensure data interchangeability, integration and compatibil
ty with all existing ERMS PM monitoring systems.

The PM must be capable of measuring particles ranging from one (1
 nanometer to one (1) micrometer (particle range of interest for 
he ERMS) and must have a mass concentration measurement capabilit
 range of one (1) microgram/m3 to 1000 micrograms/m3 allowing for
emissions measurement both before and after emission control devi
es.

3)  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)

4)  Set-aside under the Procurement Strategy for Aboriginal Busin
ss

	Not Applicable.
5) Comprehensive Land Claims Agreement(s)
	
	Not Applcable.

6)  Justification for the Pre-Identified Supplier 

Particle Instruments, LLC is the exclusive Canadian distributor o
 the Dekati Mass Monitor which operates with unique features as i
entified in the "Minimum Essential Requirements" above. 	Canada h
s confirmed the functionality of the proposed system as meeting a
l the 		operational and technical requirements of the Department 
f Environment Canada for the 		particle mass monitor.

7)  Government Contracts Regulations Exception(s)

10.2 Exceptions 10.2.1 Section 6 of the Government Contracts Regu
ations contains four exceptions that permit the contracting autho
ity to set aside the requirement to solicit bids. 
These are:

a.the need is one of pressing emergency in which delay would be i
jurious to the public interest;

b.the estimated expenditure does not exceed $25,000, $100,000, wh
re the contract is for the acquisition of architectural, engineer
ng and other services required in respect of the planning, design
 preparation or supervision of the construction, repair, renovati
n or restoration of a work, or $100,000 where the contract is to 
e entered into by the member of the Queen's Privy Council for Can
da 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 progra
 or project;

c.the nature of the work is such that it would not be in the publ
c 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 i
 invoked for this procurement under subsection 10.2 Section 6(d) 
 "only one person is capable of performing the work".

8)  Exclusions and/or Limited Tendering Reasons 

The following exclusion(s) and/or limited tendering reasons are i
voked under the section of the trade agreement(s) specified:





Agreement on Internal Trade

AIT Article 506 12. b. where there is an absence of competition f
r technical reasons and the goods or services can be supplied onl
 by a particular supplier and no alternative or substitute exists


World Trade Organization - Agreement on Government Procurement
WTO Article XV, 1(b) when, for works of art or for reasons connec
ed with protection of exclusive rights, such as patents or copyri
hts, or in the absence of competition for technical reasons, the 
roducts or services can be supplied only by a particular supplier
and no reasonable alternative or substitute exists;
 
North American Free Trade Agreement
NAFTA 1016: 2.(b) where, for works of art, or for reasons connect
d with the protection of patents, copyrights or other exclusive r
ghts, or proprietary information or where there is an absence of 
ompetition for technical reasons, the goods or services can be su
plied only by a particular supplier and no reasonable alternative
or substitute exists; 

9)  Ownership of Intellectual Property

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

10)  The period of the proposed contract or the delivery date(s).

The system must be delivered by September 28, 2012. 

11)  A cost estimate of the proposed contract. 

The estimated value of the contract is $61,735.12 (CAD).

12) Name and address of the pre-identified supplier:

Name: Particle Instruments, LLC
Address: Vadnals Heights, Minnesota 55127, USA

13)  Suppliers' right to submit a statement of capabilities

Suppliers who consider themselves fully qualified and available t
 provide the goods, services or construction services described i
 the ACAN, may submit a statement of capabilities in writing to t
e contact person identified in this notice on or before the closi
g 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 capabili
ies. 

The closing date and time for accepting statements of capabilitie
 is 16 July 2012 at 2:00 p.m. EST.

Delivery Date: Above-mentioned

You are hereby notified that the government intends to negotiate 
ith one firm only as identified above. Should you have any questi
ns concerning this requirement, contact the contracting officer i
entified above.

An Advance Contract Award Notice (ACAN) allows departments and ag
ncies to post a notice, for no less than fifteen (15) calendar da
s, indicating to the supplier community that it intends to award 
 good, service or construction contract to a pre-identified contr
ctor. If no other supplier submits, on or before the closing date
 a Statement of Capabilities that meets the requirements set out 
n the ACAN, the contracting authority may then proceed with the a
ard.  However, should a Statement of Capabilities be found to mee
 the requirements set out in the ACAN, then the contracting autho
ity will proceed to a full tendering process.

Suppliers who consider themselves fully qualified and available t
 provide the services/goods described herein, may submit a statem
nt of capabilities in writing to the contact person identified in
this Notice on or before the closing date of this Notice. The sta
ement of capabilities must clearly demonstrate how the supplier m
ets the advertised requirements.

The PWGSC file number, the contracting officer's name and the clo
ing date of the ACAN must appear on the outside of the envelope i
 block letters or, in the case of a facsimile transmission, on th
 covering page.

The Crown retains the right to negotiate with suppliers on any pr
curement.

Documents may be submitted in either official language of Canada.