Thin Film Reflectometer Instrument

Trade Agreement: CETA/WTO-AGP/CPTPP/CFTA/FTAs with Peru/Colombia/Panama/Korea/UK
Tendering Procedures: Generally only one firm has been invited to bid
Non-Competitive Procurement Strategy: Exclusive Rights
Comprehensive Land Claim Agreement: No
Vendor Name and Address: 
Bruker Nano, Inc.
5465 E Cheryl Pkwy
Madison Wisconsin
United States
53711
Nature of Requirements: 

Thin Film Reflectometer Instrument

31184-222194/A
Lajoie, Alexandra
Telephone No. - (416) 434-3879

1. Advance Contract Award Notice (ACAN) 

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 the requirement 

The National Research Council Canada (NRC) has a requirement for the supply of a Thin Film Reflectometer, including a stand-alone cabinet to house the reflectometer, all hardware and software, accessories and peripherals, cabling and components, and 1 year warranty including maintenance and support services. The requirement also includes the option to purchase the following additional deliveries on an as and when requested basis: one Robotic cassette-to-cassette wafer handling for 3", 4", and 6" wafer; and one Pre-aligner and cassette mapper. The NRC requires the FilmTek 2000M Thin Film Reflectometer as a key instrument in the fabrication of semiconductor devices. 

3. Criteria for assessment of the Statement of Capabilities (Minimum Essential Requirements) 

Any interested supplier must demonstrate by way of a statement of capabilities that its product meets the following requirements: 

1. Thin Film Reflectometer Instrument:

- The instrument must provide automated thin-film metrology.
- The instrument must have an extensive thin film Database, which includes but is not limited to photoresists, dielectrics, semiconductors, and metals. 
- The instrument must have an automated turret controlled by recipe. 
- The instrument must have auto-focus. 
- The instrument must have pattern recognition. 
- The instrument must have an automated X-Y stage for up to 6" x 6" movement and joystick.
- The instrument must have a camera and accessories for viewing the measurement site on the computer monitor. 
- The instrument must have recipe controls of: 5x objective for a spot size not larger than10µm x 20µm; 10x objective for a spot size not larger than 5µm x 10µm; 20x objective for a spot size not larger than 2.5µm x 5µm; and 50x objective for a spot size not larger than 1µm x 2µm.
- The instrument must have a multi-core processor with Windows TM 10 operating system or a more recent version.
- The instrument must have an interface software for the measurement of multi-layer thickness and critical dimensions. The software must provide statistical results of these measurements across the samples and wafers being measured.
- The instrument must have a film thickness range from 3nm to 150µm
- The instrument must have a film thickness accuracy of ±1.5Å for NIST traceable standard oxide 1000Å to 1µm.
- The instrument must have a spectral range of  <= 400nm to >=1000nm
- The instrument must have a sample size of 5mm Pieces and 50mm to 150mm wafers.
- The instrument must have a spectral resolution of 0.3nm-2nm
- The instrument must have a regulated halogen lamp (2,000 hrs lifetime) life source. 
- The instrument must have a detector type of 2048 pixel Sony linear CCD array / 512 pixel cooled Hamamatsu InGaAs CCD array (NIR).
- The instrument must have a measurement time of <1 sec per site (e.g. oxide film).
- The instrument must meet all applicable Canadian Standard Association (CSA) or Underwriters' Laboratories of Canada (ULC) standards. 

4. Applicability of the trade agreement(s) to the procurement 

This procurement is subject to the following trade agreements:

- Canadian Free Trade Agreement (CFTA)
- World Trade Organization - Agreement on Government Procurement (WTO-AGP)
- Canada-European Union Comprehensive Economic and Trade Agreement (CETA)
- Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
- Canada-Chile Free Trade Agreement (CCFTA)
- Canada-Colombia Free Trade Agreement
- Canada-Honduras Free Trade Agreement
- Canada-Korea Free Trade Agreement
- Canada-Panama Free Trade Agreement
- Canada-Peru Free Trade Agreement (CPFTA)
- Canada-United Kingdom Trade Continuity Agreement (Canada-UK TCA)
- Canada-Ukraine Free Trade Agreement (CUFTA)

5. Justification for the Pre-Identified Supplier 

The Thin Film Reflectometer is the only known instrument that meets all of the minimum essential requirements listed in Section 3 above. Bruker Nano, Inc is the original equipment manufacturer (OEM) of this instrument, and is the only known supplier that can supply an instrument meeting all of the minimum essential requirements listed in Section 3 above.

6. Government Contracts Regulations Exception

The following exception to the Government Contracts Regulations is invoked for this procurement under subsection 6d) only one person is capable of performing the work.

7. Exclusions and/or Limited Tendering Reasons 

The following exclusions and/or limited tendering reasons are invoked under the section of the trade agreements specified:

Canadian Free Trade Agreement (CFTA) - Article 513.1(b)(iii);
World Trade Organization - Agreement on Government Procurement (WTO-AGP) - Article XIII 1(b)(iii);
Canada-European Union Comprehensive Economic and Trade Agreement (CETA) - Article 19.12.1(b)(iii);
Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) - Article 15.10.2(b)(iii);
Canada-Chile Free Trade Agreement (CCFTA) - Article Kbis-09.1(b);
Canada-Colombia Free Trade Agreement - Article 1409.1(b)(iii);
Canada-Honduras Free Trade Agreement - Article 17.11.2 (b)(iii);
Canada-Korea Free Trade Agreement - defer to WTO-AGP Article XIII 1(b)(iii);
Canada-Panama Free Trade Agreement - Article 16.10.1(b)(iii);
Canada-Peru Free Trade Agreement (CPFTA) - Article 16.10.1(b)(iii);
Canada-United Kingdom Trade Continuity Agreement (Canada-UK TCA) - defer to CETA Article 19.12.1(b)(iii); and
Canada-Ukraine Free Trade Agreement (CUFTA) - Article 16.10.1(b)(iii).

8. Period of the proposed contract or delivery date 

The instrument must be delivered on or before March 30, 2022. 

9. Name and address of the pre-identified supplier 

Bruker Nano, Inc
5465 E Cheryl Parkway
Madison, Wisconsin, 53711, USA

10. 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.

11. Closing date for a submission of a statement of capabilities 

The closing date and time for accepting statements of capabilities is October 29, 2021 at 2:00 p.m. EDT. 

12. Inquiries and submission of statements of capabilities 

Inquiries and statements of capabilities are to be directed to: 

Alexandra Lajoie
Supply Specialist 
Public Services and Procurement Canada
Telephone: 416-434-3879
E-mail: Alexandra.Lajoie@tpsgc-pwgsc.gc.ca

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.