UPGRADE - HITACHI S-3200N SCANNIN

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: Interchangeable Parts
Comprehensive Land Claim Agreement: No
Vendor Name and Address: 
BRUKER AXS INC.
5465 E CHERYL PKWY
MADISON Wisconsin
United States
53711
Nature of Requirements: 
UPGRADE - HITACHI S-3200N 
23240-130374/A
Martins, Christina
Telephone No. - (819) 956-6911 
Fax No. - (819) 956-3814

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. Natural Resources Canada, has a requirement for the supply,
upgrade, installation, training, and manuals for one (1) energy
dispersive x-ray analyzer (EDS) with a silicon drift detector
(SDD). It is intended to negotiate with Bruker AXS for the
supply, installation, training and manuals and for the equipment
identified below:
 
         a. XFlash SDD detector with resolution =121 eV (MnKa,
100,000 cps), 10 mm2, from Be
         b. QUANTAX-Signal Processing Unit SVE 6
         c. Quantification Software
         d. Imaging Software
         e. Multi Point, Line Scan and Mapping 
         f. Quantax MaxSpec, maximum pixel spectrum allocation 
         g. System administration and Data Transfer
 
3. Minimum Essential Requirements
 
        Any interested supplier must demonstrate by way of a
statement of capabilities that its energy                
dispersive x-ray analyzer (EDS) with a silicon drift detector
(SDD) meets the following requirements:
 
        1) The SDD must have an active area maximum of 10 square
mm.
        2) The SDD must have an energy resolution of at least
121 eV at MnK-alpha at 100,000 counts per                second
(cps)
        3) The SDD must have a high throughput of up to 600,000
cps output at 1,500,000 cps input.
        4) The SDD must have on-chip integrated FET to limit
detector microphonics.
        5) The SDD must focus at the working distance of 15 mm
for EDS analysis of the existing Hitachi             S-3200N SEM.
        6) The system must include  its electronics for pulse
processing, a computer, and controlling                         
 software resulting in a complete EDS-SDD X-ray analyzer.
        7) The EDS analyzer must be capable of performing the
basic operations of an EDS analyzer such                 as
acquisition, identification and quantification of the EDS
spectra and acquisition and                                 
quantification of X-ray dot maps and maximum pixel spectrum.
        
4.      Applicability of the trade agreement(s) to the
procurement 
        
        This procurement is subject to the following trade
agreements:  
        
        Agreement on Internal Trade (AIT) 
        North American Free Trade Agreement (NAFTA)     
        
5.      Justification for the Pre-Identified Supplier 
 
        Natural Resources Canada has a requirement to upgrade an
existing Hitachi S-3200N scanning                 electron
microscope (SEM) with an energy dispersive X-ray  analyzer (EDS)
interfaced to a silicon              drift detector (SDD).  The
modification must be compatible with an existing Hitachi S-3200N
SEM.              Hitachi-HHTC represents  Hitachi as well as
Bruker in Canada.  Bruker AXS is the only supplier              
    capable of providing an ESD-SDD system  with a resolution of
 =121 eV (MnKa, 100,000 cps) that's            compatible to the
Hitachi S-200N.
 
6.      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".
 
7.      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 (a) To ensure compatibility with
existing products, to recognize exclusiverights,              
such as exclusive licesnses, copyright and patent rights, or  to
maintain specialized products that               must be
maintained by the manufacturer or its representative.
 
        North American Free Trade Agreement
        NAFTA 1016.2 (d) for additional deliveries by the
original supplier that are intended either as                   
   replacement parts or continuing services for existing
supplies,  services or installations, or as the
        extension of existing supplies, services or
installations, where a change of supplier would compel the      
   entity to procure equipment or services not meeting 
requirements of interchangeability with already           
existing equipment or services, including software to the extent
that the initial procurement  of the              software was  
covered by this Chapter;
 
8.      Ownership of Intellectual Property.
 
        Ownership of any Foreground Intellectual Property
arising out of the proposed contract will vest in the        
Contractor.
 
9.     The period of the proposed contract or the delivery date.
 
        Delivery must be received by 31 March, 2013. 
 
10.     A cost estimate of the proposed contract. 
 
        The estimated value of the contract is $111,757.00CDN
(GST/HST included).
 
11.      Name and address of the pre-identified supplier:
 
           Name: Bruker AXS        
          Address: Ewing, NJ
 
12.     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.
 
13.     The closing date for a submission of a statement of
capabilities. 
 
        The closing date and time for accepting statements of
capabilities is 8 January, 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.