Analyzer

Trade Agreement: WTO-AGP/NAFTA/AIT/Canada FTAs with Peru/Colombia/Panama Tendering Procedures: Attachment: None Non-Competitive Procurement Strategy: Exclusive Rights Comprehensive Land Claim Agreement: No Vendor Name and Address: Los Gatos Research Inc 67 East Evelyn Avenue, Suite 3 Mountain View California United States 94041-1529 Nature of Requirements: Analyzer

1. Advanced 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 Environment Canada's Greenhouse Gases Measurement Laboratory conducts high quality, continuous measurements of Nitrous oxide and Carbon monoxide as well as other Greenhouse and trace gases at 15 remote Observatories in Canada. Environment Canada (EC) has requested the supply and delivery of one (1) Analyzer, with the option to purchase two (2) additional units. The analyzer is required to measure precise atmospheric levels of carbon monoxide and nitrous oxide. 3. The Minimum Essential Requirements: Any interested supplier must demonstrate by way of a statement of capabilities that its analyzer meets the following minimum specifications. 1. Measurement Range to include: 300 to 400 ppb Nitrous Oxide 50 to 2000 ppb Carbon Monoxide 2. Measurement Precision Better than 0.30 ppb Nitrous Oxide Better than 0.50 ppb Carbon Monoxide 3. Measurement Interval/response time Maximum 10 seconds 4. Applicability of the Trade agreement (s) to the procurement This procurement is subject to the following trade agreement(s): Agreement on Internal Trade (AIT) North American Free Trade Agreement (NAFTA) World Trade Organization Agreement on Government Procurement (WTO-AGP) 5. Justification for the Pre-Identified Supplier It is intended to sole source this requirement to original equipment manufacturer Los Gatos Research Inc. 67 East Evelyn Ave., Suite 3, Mountain View, California, 94041-1529, the only known source on the market who can meet the LGR N2O/CO Analyzer (N2O/CO-23d) capabilities with both the Hardware and Software and compatibility with the existing LGR N2O/CO systems. 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 work. 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: -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 manufacturer or its representative. -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. - WTO-AGP, The World Trade Organization Agreement on Government Procurement (WTO-AGP) ArticleXV (b) when, for works of art or for reasons connected with 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. 8. Delivery Date The system must be delivered on or before December 30, 2013. The optional quantities must be delivered with in 12 weeks of exercising the option. 9. Name and address of the pre-identified supplier Los Gatos Research Inc. 67 East Evelyn Ave., Suite 3, Mountain View, California, 94041-1529, 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. 10. 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. 11. Closing date for a submission of a statement of capabilities The closing date and time for accepting statements of capabilities is 18 th October 2013 at 2:00 p.m. EDT. 12. Inquiries and submission of statements of capabilities Inquiries and statements of capabilities are to be directed to: Vashti Ramnarine Public Works and Government Services Canada Acquisitions Branch - Ontario 33 City Centre Dr., Ste. 480C Mississauga, Ontario L5B 2N1 Telephone: 905-615-2419 Facsimile: 905-615-2060 E-mail address: vashti.ramnarine@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.