Transient Recorder and Accessories

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: 
Boston Electronics Corporation
91 Boylston St
Brookline Massachusetts
United States
02445
Nature of Requirements: 
Transient Recorder

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 five (5) Transient
Recorder, 12 bit - 40 MHz, Model TR40-160; two (2) Rack 6, rack
and power supply;  one (1) PMT-Rack 8, rack for up to 8 PMT
Modules; two (2) Ethernet  IO,  Ethernet interface module
option; five (5) Photomuliplier module, PM-HV-R988OU-110; and
one (1) Photomultiplier module, PM-HV-R988OU-20

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: 

-	Must be a digital transient recorder for photomultiplier tubes
that combines analog detection at 40MHz with a 250MHz or faster
fast photon counting system.  This combination allows for the
capture of signals with much larger dynamic ranges such as those
typically observed by lidar systems. 

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 currently uses idential Licel Photon counting
systems in Lidar trailers already being deployed to the Fort
McMurray area as part of the Oilsands monitoring initiative. 
This minimizes the number of spare parts required and provides
redundancy between the systems.  Software to operate Environment
Canada Lidar systems is custom developed by Environment Canada
including components developed to interface with Licel based
data systems.  Use of another manufacturer's transient record
would add substantial software development costs and delay
deployment of the system beyond acceptable limits.  The trailer
based Lidar systems are designed to operate semi-autonomously in
a monitoring capacity, and as such, minimizing instrument
down-time is critical.  Ensuring consistency and redundancy by
continuing to use Licel components is the most cost-effective
means of minimizing down-time..

Boston Electronics Corporation is the only authorized North
American distributor of Licel components. 

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:  Boston Electronics Corporation
Address:  91 Boylston Street, Brookline, MA 02445, United States
of America

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.