Scanning Particle Mobility Sizer

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: TSI Incorporated 500 Cardigan Rd Shoreview Minnesota United States 551263996 Nature of Requirements: Scanning Particle Mobility Sizer

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 Environment Canada, Toronto, ON has a requirement for the supply of a TSI Scanning Mobility Particle Sizer (SMPS), Model number 3034 or equivalent with an Advanced Aerosol Neutralizer, Model number 3087 including an adapter kit, or equivalent, for measuring the number of atmospheric aerosol particles from 10 nm to 1000 nm diameter, for air quality and climate studies.

The specific objective of these measurements is to improve knowledge of how changes in climate and industrialization affect the atmospheric aerosol over Canada and how changes in the atmospheric aerosol may feedback to climate. The SMPS must operate in conjunction with, and be compatible with, TSI aerosol chemical instrumentation currently in use at sites in Northern Canada as part of Environment Canada's Canadian Aerosol Baseline Measurement network. It is critical that all instruments be compatible and have the same detection efficiency to maintain consistency within the network.

The TSI SMPS combines a differential mobility analyzer (DMA) and a condensation particle counter (CPC) as one unit.

The TSI aerosol neutralizer is a non-radioactive particle neutralizer. Unlike conventional neutralizers that contain radioactive material harmful to human health, the TSI neutralizer is a soft x-ray neutralizer and does not contain radioactive material. It can be turned off, allowing for ease of transport to and from field sites.

3. Criteria for assessment of the Statement of Capabilities

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

Minimum Essential Requirements

- the aerosol neutralizer must use a non-radioactive source such as soft x-ray neutralization

- must be a single robust component system with particle sizing and counting being an internal function - must have the ability to be remotely operated via long distance communications - must be able to operate for long periods in a very low maintenance environment - must include all data acquisition software - must have 5 minute response with a variable averaging period (5 minutes to 1 hour) - software must enable the system to function in the scanning mobility size distribution measurement mode, including appropriate charge correction in software. 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 America Free Trade Agreement (NAFTA) 5. Justification for the Pre-Identified Supplier TSI Incorporated, Shoreview, MN, is the only known manufacturer of a SMPS with a DMA and CPC combined as one unit, and of a non-radioactive particle neutralizer. It is for this reason and for reasons of compatibility it is intended to negotiate this contract with TSI the original equipment manufacturer. 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 limited tendering reasons are invoked under the section of the trade agreement(s) specified:

Agreement on Internal Trade (AIT) - Article(s) 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"; and (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) - Article(s) 1016, 2 (b) " were, 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 a 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" ; and 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 or interchangeability with already existing equipment or services"

8. Delivery Date The equipment must be delivered on 24 January 2013. 9. Name and address of the pre-identified supplier TSI Incorporated 500 Cardigan Rd Shoreview, Minnesota 551263996 United States

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: 15 November 2013, 2:00 pm EST 12. Inquiries and submission of statements of capabilities Inquiries and statements of capabilities are to be directed to: Kaye Callahan Supply Team Leader Telephone: (905) 615-2071 Facsimile: (905) 615-2060 E-mail: kaye.callahan@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.