Particle Sizer

Trade Agreement: 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: TSI Incorporated 500 Cardigan Rd Shoreview Minnesota United States 551263996 Nature of Requirements:

Particle Sizer

Environment Canada, Toronto, ON has a requirement for the supply of a high resolution TSI Scanning Mobility Particle Sizer (SMPS), Model number 3936L72-N or equivalent with an Advanced Aerosol Neutralizer, Model number 3087 or equivalent, for measuring size distributions of atmospheric aerosol particles from 10 nm to 1000 nm diameter, for air quality and climate studies. This SMPS is comprised of multiple components including an electrostatic classifier (or differential mobility analyze, (DMA), a condensation particle counter (CMC) and the aerosol neutralizer . Delivery is requested by 28 March 2013.

This equipment will be used in support of the Clean Air Regulatory Agenda (CARA) and Oil Sands monitoring and must be robust for operation at a remote site year round. The SMPS must operate in conjunction with existing TSI aerosol chemical instrumentation currently in use within Environment Canada, Air Quality and Climate Research Divisions. Components from this system must be able to be integrated with existing components.

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.

Minimum Essential Requirements

- multi-component system including a differential mobility analyzer, a condensation particle counter, and an aerosol neutralizer. The DMA and the CPC must be capable of stand-alone operation - fast response with response capability of 1-minute sample resolution for deployment on mobile platforms - high resolution particle sizing with selectable resolution of up to 64 channels per decade - minimum particle size counted must be at least 10 nm and the condensing liquid is butanol - the aerosol neutralizer provided with the system must use a non-radioactive source such as soft x-ray neutralization. This requirement is both for health and safety reasons, and for ease of transport to and from field operations. - all data acquisition software must be included

Justification of Pre-Identified Supplier

TSI Incorporated, Shoreview, MN, is the only known manufacturer of a non-radioactive particle neutralizer. It is for this reason and for reasons of interchangeability of components it is intended to negotiate this contract with TSI the original equipment manufacturer.

The following exception to the Government Contracts Regulations is invoked for this procurement under subsection 6(d) "only one person is capable of performing the work".

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 fro 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 fro 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"

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.