Multi-head Laser Transmitter

Trade Agreement: WTO-AGP/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: 
CONTINUUM
3150 CENTRAL EXPRESSWAY
SANTA CLARA California
United States
95051
Nature of Requirements: 
Multi-head Laser Transmitter

1.	ACAN Explanation

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.
 
2.	Definition of Requirement

Environment Canada, Centre for Atmospheric Research, in Egbert,
Ontario requires the supply and delivery of one (1) complete and
fully functional Multi-head Laser Transmitter with dual output
consisting of:
a)  two (2) flash lamp pumped NdYag 20 Hz pulsed laser heads
emitting simultaneous 355nm, 532nm, and 1064nm, with minimum
60mj at 355nm, Model IH3-20-355,consisting of Inlite III-20, ID,
IT, ISP-3 and IMP3 or equivalent; 
b) three (3) flash lamp pumped NdYag 20Hz pulsed laser head
emitting at 266nm with minimum 45mj at 266nm output, Model
IH3-20-266 consisting of Inlite III-20, ID, IQ, ISP-4 and IMP-4
or equivalent;  and
c)  five (5) rack mount power and cooling supplies for items a)
and b) above and the head cooling systems must be
self-contained,  Model IP-2K:  2 KW rack mount power supply
consisting of RWA2KW, and SK-5:  5M cables and cooling hoses and
system kit 
d)  Manuals for above items.

Delivery is required on or before March 28, 2013. 

3.	Criteria for Assessment of the Statement of Capabilities

3.1	Minimum Essential Requirements:

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

Multi-head Laser Transmitter with dual output must meet the
requirements in Article 2 a), b) c) and d) above; and
a)	All laser heads must:
	i)	have integrated dual wavelength internal power monitoring
for both constant remote monitoring of laser health and for data
calibration;
	ii)	have a guaranteed flash lamp life of at least 50 Million
shots;
	iii)	have physical dimensions that do not exceed 40cm L x 10cm
H x 10cm W
b)	Must have serial RS232 interface for complete computer
control and monitoring	.
c)	Must have rack mountable combined power supply and cooling
unit.	

4.	Applicability of Trade Agreements

This procurement is subject to the following trade agreements: 
Agreement on Internal Trade (AIT)
World Trade Organization Agreement on government Procurement
(WTO-AGP)
North American Free Trade Agreement (NAFTA)

5.	Justification for the Pre-Identified Supplier

Environment Canada requires a Multi-head Laser Transmitter
consisting of three lasers emitting at 266nm and two lasers each
emitting simultaneously at 355nm, 532nm and 1064nm for inclusion
in a ground based semiautonomous trailer mounted lidar system.  
 The proposed manufacturer (Continuum) is the only manufacturer
that meets all of Environment Canada's essential requirements
including a commercially available rack mountable power supply
and integrated internal dual wavelength power monitoring.  As
Continuum lasers are already in use in a variety of Environment
Canada's lidar systems Environment Canada  is already trained in
maintenance and operation of Continuum systems.  In addition,
Environment Canada has already developed Lidar acquisition
software which interfaces with Continuum lasers and significant
time would need to be spent in house to develop and test new
software if lasers were purchased from a different manufacturer.

Continuum is the manufacturer and the only known distributor of
this instrument. 

6.	Government Contracts Regulations Exception

The following exception to the Government Contracts Regulations
is invoked for this procurement under subsection 6(d) - "Only
one person or firm is capable of performing the contract"; for
patent or copyright requirements, or technical compatibility
factors and technological expertise."  

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."

World Trade Organization - Agreement on Government Procurement
(WTO-AGP) - Article XV.1(a) "protection of exclusive rights,
such as patents or copyrights, or in the absence of competition
for technical reasons, the products or services can be supplied
only by a particular supplier and no reasonable alternative or
substitute exists",  and Article XV.1(c) "additional deliveries
by the original supplier intended either as parts replacement
for existing supplies or installation, or 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" 

North American Free Trade Agreement (NAFTA) - Article 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." and Article 1016.2 (d)
"additional deliveries by the original supplier intended either
as parts replacement for existing supplies or installation, or
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.	The Delivery Date

Delivery is required on or before March 28, 2013. 

9.	Name and Address of the Pre-Identified Supplier

Name:  Continuum Inc. 
Address:  3150 Central Expressway, Santa Clara, CA 95051 United
States

10.	Suppliers' right to submit a statement of capabilities

Suppliers who consider themselves fully qualified and available
to provide the goods and 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.	The closing date for a submission of a statement of
capabilities:

The closing date and time for accepting statement of
capabilities is 4 January 2013 at 2:00 p.m. EST.

12.	Inquiries and submission of statement of capabilities

Inquiries and statement of capabilities are to be directed to:
Louise Smith
Supply Team Leader
33 City Centre Drive - Suite 480C, Mississauga, Ontario L5B2N5
Telephone: 905-615-2028
Facsimile: 905-615-2060
E-mail: louise.smith@pwgsc.gc.ca
Delivery Date: 28/03/2013

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.