CRYOGENIC MACHINING SYSTEM

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: 
AIR PRODUCTS AND CHEMICALS, INC.
7201 Hamilton Blvd
Allentown Pennsylvania
United States
18195
Nature of Requirements: 
CRYOGENIC MACHINING SYSTEM

31184-123950/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.  National Research Council Canada (NRC), has a requirement
for the supply, installation, training, and manuals for one (1)
Cryogenic Machine system and associated accessories. It is
intended to negotiate with Air Products for the supply,
installation, training and manuals for the equipment identified
below:
 
         a. One (1) Cryogenic Machining System Model 2000
         b. One (1) Piece ½ ID X4FT length flexible vac
         c. One (1) Drager Pointguard Wall Mounted

3. Minimum Essential Requirements
 
    Any interested supplier must demonstrate by way of a
statement of capabilities that its                              
  Cryogenic Machine system and associated accessories meet the
following requirements:
 
a.	The Cryogenic system should be easily and inexpensively
retrofitted to any existing machining 		centre, using standard
tooling / inserts.

b.	The lengths of the hose from the control unit to the working
area should be long 
	enough (at least 15' long) to suit the implementation of the
system on the machining centers at the 	NRC Aerospace
Manufacturing Facility. Additionally, it should be properly
insulated to avoid any 		transformation of LiN prior to cutting
area. 

c.	The length of the vacuum jacketed flexile hose from the LiN
tank to the control cabinet should be 		at least 3' long.
	
d.	The electrical power source for the motor and the controller
should be 120 VAC, 50/60                          	Hz, three
phases or single phase.

e.	The control cabinet should include the software interface for
flow control.

f.	A remote control box should be provided to allow the
operation of the control cabinet from the 		work area.

g.	The control panel should include the display of LiN flow rate
and/or pressure. 

h.	LiN operating pressure range: 70-130 psi. 

i.	LiN maximum circuit pressure: 230 psi.

j.	LiN operating flow range: 1-3 lbs/min.

k.	LiN maximum flow rate: 3 lbs/min.



       
       
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 
 
        Air Products was selected to supply the cryogenic
equipment as they are the only supplier capable of 	        
providing retrofitable LinN cryogenic cooling for machining
processes.  Air Products is also the only             supplier
to have developed a portfolio of patents related to cryogenic
machining of metals,                         non-metals,
cryogenic cooling and processing applications and the delivery
of cryogen to machining,          cooling and/or processing
applications.
	
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 (b) 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.

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 $31,274.79CDN
(GST/HST included).
 
11.   Name and address of the pre-identified supplier:
 
        Name: Air Products and Chemicals, INC.       
        Address: Allentown, PA
 
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 15 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.