PFA-1064D PORTABLE FUEL ANALYZER

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: Real-Time Analyzers, Inc. 362 Industrial Park Road (#8) Middletown Connecticut United States 06457 Nature of Requirements: PFA-1064D PORTABLE FUEL ANALYZER

K8A21-130052/A Walton, Mark Telephone No. - 819-956-3813 Fax No. - 819-956-3814 E-mail: mark.walton@tpsgc-pwgsc.gc.ca

This amendment is issued to add the closing date at item 15, which was omitted from the original ACAN. All other terms and conditions of the original ACAN remain unchanged, including the closing date and time.

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 requirement The Department of the Environment Canada (EC) has a requirement for the supply of quantity one (1) each of Real-Time Analyzers model PFA-1064D portable fuel analyzer. The equipment must meet all the essential requirements set out at article 3 of this ACAN.

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 equipment meets the following requirements: Ability to measure, in a single unit, both cloud point and sulfur content of diesel fuel and jet fuel.

4. Applicability of the trade agreements to the procurement This procurement is subject to the following trade agreements: Agreement on Internal Trade (AIT) North American Free Trade Agreement (NAFTA)

5. Set-aside under the Procurement Strategy for Aboriginal Business Not applicable

6. Comprehensive Land Claims Agreements Not applicable

7. Justification for the Pre-Identified Supplier This analyzer is necessary for EC's Air Quality Research Division to conduct measurements of cloud point and sulfur content of diesel fuel and jet fuel. EC's mandate is to ensure compliance with the Canadian Environmental Protection Act (CEPA) and Regulations, specifically Part 7 Division 5, which is available at http://www.ec.gc.ca/lcpe-cepa/default.asp?lang=En&n=24374285-1&of fset=8&toc=show#e The CEPA vehicle and engine regulations are harmonized with the U.S. Environmental Protection Agency (EPA) Code of Federal Regulations (CFR) which has specifications for fuel requirements. Although many portable analyzers can measure for some of the compounds required by the CFR , EC is looking specifically for Sulphur and Cloud Point as these are two parameters which, if they are at the wrong level, can be damaging to the vehicle. Too high a sulfur content could plug up and inactivate emissions control devices, and a cloud point at the wrong level will cause the fuel to gel in the vehicle fuel system at colder temperatures. After reviewing several different analyzers, EC found this to be the only one capable of doing both measurements in one unit. Real-Time Analyzers is the original equipment manufacturer (OEM); they do not have value-added resellers.

8. Government Contracts Regulations Exception The following exception to the Government Contracts Regulations is invoked for this procurement: Subsection 6(d) - "Only one person is capable of performing the work".

9. Limited Tendering Reasons The following limited tendering reasons are invoked under the section of the trade agreements specified: Agreement on Internal Trade (AIT) - Article 506.12(b)(j) North American Free Trade Agreement (NAFTA) - Article 1016.2(b) Both reasons relate to exclusive rights.

10. Ownership of Intellectual Property. Not applicable

11. Delivery Date The equipment must be delivered on or before September 13, 2013.

12. A cost estimate of the proposed contract The estimated value of the contract is CAD $55,142.50.

13. Name and address of the pre-identified supplier: Name: Real-Time Analyzers Address: 362 Industrial Park Road, Middletown, Connecticut USA 06457; telephone 860-635-9800; fax 860-635-9804; web site www.rta.biz

14. 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.

15. The closing date for a submission of a Statement of Capabilities. The closing date and time for accepting statements of capabilities is Friday, July 26, 2013 at 5:00 p.m. EDT.

16. Inquiries and submission of statements of capabilities Inquiries and statements of capabilities are to be directed to: Mark Walton Supply Officer Scientific, Medical, and Photographic Division PV 11 Laurier Street, Gatineau, Quebec Canada K1A 0S5 Telephone: 819-956-3813 Facsimile: 819-956-3814 E-mail: mark.walton@tpsgc-pwgsc.gc.ca Delivery Date: 13/09/2013

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.