Niton XL5 X-ray device

Trade Agreement: Canadian Free Trade Agreement (CFTA) 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: Elemental Controls Limited 3230 Wharton Way Mississauga Ontario Canada L4X2C1 Nature of Requirements:

Niton XL5 X-ray device

HT227-202841/A Van Den Hanenberg, Stephen Telephone No. - 343-540-8371

Niton XL5 X-ray device

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

Health Canada has a requirement for the supply of one Niton XL5 XRF, a hand-held analytical X-ray device (herein after referred to as the x-ray device) with a twelve month warranty and the related consumables. The x-ray device will be used by Health Canada for taking measurements to characterize the radiation output of the device, as well as radiation exposure to operators of the device, in order to help assess the radiation risks.

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 all of the following requirements:

The product must be a device meeting the definition of Analytical X-ray Equipment stated in Schedule I of the federal Radiation Emitting Devices Reguations, promulgated under the Radiation Emitting Devices Act, and that meets the following specifications:

• Hand-held X-ray flourescence (XRF) device • X-ray tube with maximum power output of 5 W or higher • Variable X-ray tube voltage settings including: • At least three different settings • A setting for 50 kV or higher • A setting for 8 kV or lower • Variable X-ray tube current settings • At least three different X-ray beam filter options • Collimated X-ray beam spot size of 8 mm or larger

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

This procurement is subject to the following trade agreement(s): - Canadian Free Trade Agreement (CFTA)

5. Justification for the Pre-Identified Supplier

The Niton XL5 XRF is the only known product that meets all of the specifications detailed herein. Thermo Scientific is the original equipment manufacturer (OEM) of this analyzer, owner of all related Intellectual Property, and is the only supplier capable of performing the proposed contract.

6. Government Contracts Regulations Exception(s)

The following exception(s) to the Government Contracts Regulations is (are) invoked for this procurement under subsection 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: Canadian Free Trade Agreement (CFTA) ? Article 513.1 (b) (iii)

8. Ownership of Intellectual Property

Ownership of any Foreground Intellectual Property arising out of the proposed contract will vest in the Contractor.

9. Period of the proposed contract or delivery date

The products must be delivered by March 31 2021.

10. Name and address of the pre-identified supplier

Elemental Controls Ltd. 3230 Wharton Way, Mississauga, ON Canada L4X 2C1

11. Suppliers' right to submit a statement of capabilities

Suppliers who consider themselves fully qualified and available to provide the goods 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 September 4 2020 at 2:00 p.m. EST.

13. Inquiries and submission of statements of capabilities

Inquiries and statements of capabilities are to be directed to

Stephen VanDenHanenberg - Supply Officer 140 O’Connor St. Ottawa, ON Telephone: 343-540-8371 E-mail: stephen.vandenhanenberg@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.