Energy Dispersive X-ray Spectrometer

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: Interchangeable Parts Comprehensive Land Claim Agreement: No Vendor Name and Address: PANALYTIQUE INC./ PANALYTICAL 4995 Levy St-Laurent Quebec Canada H4R2N9 Nature of Requirements: 1. Background

Environnment Canada has a requirement for the supply of for a one (1) Epsilon 5 EDXRF Energy Dispersive X-ray fluorescence spectrometer with dual anode X-ray tube or equivalent for analysis of matrices for the national Air Pollution Surveillance network. The purpose of this Advance Contract Award Notice (ACAN) is to signal the government's intention to award a contract for these goods to the company Panalytical of Montreal. Before awarding a contract, however, the government would like to provide other suppliers with the opportunity to demonstrate that they are capable of satisfying the requirements set out in this Notice, by submitting a statement of capabilities during the 15 calendar day posting period.

If other potential suppliers submit a statement of capabilities during the 15 calendar day posting period that meet the requirements set out in the ACAN, the government will proceed to a full tendering process on either the government's electronic tendering service or through traditional means, in order to award the contract.

If no other supplier submits, on or before the closing date, a statement of capabilities meeting the requirements set out in the ACAN, a contract will be awarded to the pre-selected supplier.

The equipment is to be delivered by November 30, 2012.

The estimated value of the contract, including option(s), is 249,500 (GST extra).

2. Minimum Essential Requirements

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

The equipment must be capable of analyzing not only thin film samples but also liquids and solids of other matrices in order to analyse the various types of environmental samples submitted to the laboratory. The equipment must also be capable of Functioning unattended overnight and over weekends and must have a sample changer capacity of 40 or more.

The Spectrometer must be able to analyze samples in the thin film, solid, powder, liquid and fused bead state. Perform multi-element analysis on samples with all analysis parameter changes automated by the computer.

The X-ray Tube/Generator must provide at least 600 watts of power and operate to a maximum potential of at least 100kV.

The spectrometer must contain secondary targets for analysis from Na to U

The Detector must be cooled Liquid Nitrogen and must have a resolution of at least 135eV at 5.9KeV (Mn Ka line)

The sample chamber must be configured to analyze in air, vacuum and helium environments having an external sample changer to allow for continuous measurement without breaking vacuum in the optical path. For use in a vacuum environment, a suitable vacuum pump must be supplied with the spectrometer. For use in Helium atmosphere, all fittings and regulators necessary for connection to a Helium cylinder must be supplied

The Sample holders must be capable of accommodating both 37mm and 47mm diameter o-ring mounted Teflon filters, in a planar geometry.

The sample tray must be capable of simultaneously holding at least 40 sample holders containing the 47mm Teflon filters and must be equipped with an automated mechanism capable of spinning the sample during sample analysis to ensure accuracy when measuring inhomogeneous materials.

The Spectrometer must meet all Canadian government requirements for radiological protection, and CSA requirements for electrical safety.

3. Justification for the Pre-Selected Supplier

The Spectrometer which operates with unique features as identified in the "Minimum Essential Requirements" above. Canada has confirmed the functionality of the proposed instruments as meeting all the operational requirements of Environment Canada for their intended use.

4. Ownership of Intellectual Property.

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

5. 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

WTO Article XV, 1(d)for additional deliveries by the original supplier which are intended either as parts replacement for existing supplies, or installations, or as 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 services5;

NAFTA 1016: 2.(d) for additional deliveries by the original supplier that are intended either as replacement parts or continuing services for existing supplies, services or installations, or as 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;

This requirement is not Subject to Comprehensive Land Claims Agreement(s) and there is no Set-aside under the Procurement Strategy for Aboriginal Business

6. 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.

7. The closing date for a submission of a statement of capabilities.

The closing date and time for accepting statements of capabilities is August 6, 2012 at 2:00 p.m. EST.

Inquiries and statements of capabilities are to be directed to

Paul Roy Spécialiste en approvisionnement/Supply Specialist Travaux publics et Services gouvernementaux Canada/ Public Works and Government Services Canada Division de l'équipement scientifique, des produits médicaux et photographiques/ Scientific, Medical and Photographic Division 11 rue Laurier Gatineau, Quebec, Canada K1A 0S5 Tel: 819-956-6919 Télécopieur/Fax : 819-956-3814

Courriel/E-mail : paul.roy@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.