Ammonia Detector

Trade Agreement: NAFTA/AIT/Canada FTAs with Peru/Colombia/Panama 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: Boreal Laser Inc. 12846 - 146 Street NW Edmonton Alberta Canada T5L2H7 Nature of Requirements: Ammonia Detector 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 Department of Agriculture and Agri-Food Canada (AAFC) has a requirement for the supply of one (1) GasFinder 2 Ammonia Detector that must be 100% compatible with other gas detectors used as part of a scientific study. 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) Operate over a wide temperature range (-30 to +35°C)

2) Have a maximum weight of 10 kg.

3) Have a digital display of concentration in parts per million meter (ppm-m) with 5 ppm-m resolution for ammonia

4) Analog and RS232 output for data transfer

5) 12 v (Direct Current) power requirement

6) Product must include: precision x-y mount for detector, retroreflector, protective shield for detector and retroreflector, tripod for detector and retroreflector, software to communicate with detector (capability to download data), 12vdc battery supply for detector

7) Operate over an open path of 0 to 1000 m (selectable)

8) Recording rate of concentration along open path of 1 Hz (1 sample per second)

9) Compatible with the GasFinder 2 Scanning Unit (Product must mount on scanner unit that allows multi-path readings; data transfer and movement control must be compatible with the GasFinder 2 Scanning Unit hardware and software)

10) Must be compatible with existing detectors (open-path lasers) (model GasFinder2; Boreal Laser Inc.) since all detectors will be used in the same research field campaigns and must have the same response times, data retrieval procedure, accuracy and programmability options. This can only be assured if the hardware and software are identical between detectors.

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) Canada - Chile Free Trade Agreement (CCFTA) Canada-Peru Free Trade Agreement (CPFTA) Canada-Columbia Free Trade Agreement 5. Justification for the Pre-Identified Supplier Boreal Laser Inc. is the only known supplier that can provide a GasFinder 2 Ammonia Detector that meets all of the mandatory performance specifications. 6. Government Contracts Regulations Exception(s) The following exception(s) to the Government Contracts Regulations is invoked for this procurement: 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:

Agreement on Internal Trade (AIT) - Article 506-12(a) To ensure compatibility with existing products, to recognize exclusive rights, such as exclusive licenses, copyright and patent rights, or to maintain specialized products that must be maintained by the manufacture or its representative. (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;

Canada - Chile Free Trade Agreement, Article Kbis-09 (b) where, for the 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 reason, the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute exists;

Canada - Peru Free Trade Agreement, Article 1409,1(b) where the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist for any of the following reasons: (i) the requirement is for a work of art, (ii) the protection of patents, copyrights or other exclusive rights, or (iii) due to an absence of competition for technical reasons;

Canada-Columbia Free Trade Agreement, Article 1409,1(b) where the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist for any of the following reasons: (i) the requirement is for a work of art, (ii) the protection of patents, copyrights or other exclusive rights, or (iii) due to an absence of competition for technical reasons;

8. Delivery Date

The product must be received on or before March 31, 2015.

9. Cost estimate of the proposed contract The estimated value of the contract, is $32,000.00 (GST/HSTextra). 10. Name and address of the pre-identified supplier Boreal Laser Inc 12846-146 Street NW Edmonton, Alberta T5L 2H7 CANADA 11. 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. 12. Closing date for a submission of a statement of capabilities The closing date and time for accepting statements of capabilities is December 17, 2014 at 2:00 p.m. CST. 13. Inquiries and submission of statements of capabilities Inquiries and statements of capabilities are to be directed to: Leah Desrochers Supply Specialist Public Works and Government Services Canada Acquisitions Branch Room 100 - 167 Lombard Avenue Winnipeg, MB R3B 0T6 Telephone: (204) 984-8872 Facsimile: (204) 983-7796 E-mail address: leah.desrochers@pwgsc-tpsgc.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.