Spectrometer

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: Exclusive Rights Comprehensive Land Claim Agreement: No Vendor Name and Address: Spectral International P.O. Box 1027 Arvada Colorado United States 80001 Nature of Requirements: Spectrometer

1. Purpose of an Advance Contract Award Notice (ACAN)

An Advance Contract Award Notice (ACAN) allows a department to post a notice, for no less than fifteen calendar days, indicating to the supplier community that it intends to award a contract to a pre-identified contractor. If no other supplier submits during the fifteen calendar day posting period, a statement of capabilities that meets the requirements set out in the ACAN, the competitive requirements of the government's contracting policy have been met. Following notification to suppliers not successful in demonstrating that their statement of capabilities meets the requirements set out in the ACAN, the contract may then be awarded, using the Treasury Board's electronic bidding authorities.

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

2. Definition of requirements

Public Works and Government Services Canada intends to negotiate with Spectral International Inc., located in Arvada, CO, USA, on behalf of its client, Defence Research and Development Canada - Valcartier (DRDC), for the supply and delivery of a spectrometer, meeting the following criteria:

1. The instrument must have 3 detector arrays (1 in the VNIR, 2 in the SWIR) - no scanning gratings or moving parts

2. The instrument must have the option to operate without an internal fan to allow its use in a cleanroom.

3. The instrument noise equivalent radiance (NER) in the short wave infrared (SWIR) must be 1.8x10-9 W/cm2/nm/sr @2100nm or lower. It is especially important to have superior NER in the Short Wave Infrared (SWIR) spectral region for two reasons:

i) The solar energy is greatly reduced, primarily by water absorption bands, in the SWIR region. It is therefore necessary to have low noise in this region in order to produce good data when performing measurements on contaminated soils in the Canadian arctic (DEW Line). Moreover, a superior SWIR NER allows the capability to collect measurements in not optimal weather which is more often the case in the arctic east coast.

ii) Many of the defining features of minerals are contained within the SWIR region. In order to produce positive identification of the minerals through analysis of their spectral signatures, it is imperative to have the best NER available in this region.

4. The instrument must have wireless Bluetooth communication to a ruggedized PDA or computer. PDA must have the ability to tag spectra data files with pictures and voice notes.

5. The instrument must automatically optimize on every scan by automatically setting detector integration times and automatically performing dark currents on every scan.

6. The instrument software must save data in ascii format with no post processing required. Calibration and collection software must be built into the firmware of the instrument.

In accordance with government purchasing policies, we propose to award a contract to Spectral International Inc., which is, to our knowledge, the only firm capable of providing the required goods.

3. Trade Agreements

The article 1016.2(b) of NAFTA are applicable on the basis of limited tendering due to reasons 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. The above reasons can also be found in Annex 4.4 in article 506.12(b) of AIT.

4. Government Contracts Regulations Exception

This contract is subject to subsection 6(d) of the Government Contracts Regulations, in that only one person or company is capable of performing the contract.

5. Ownership of Intellectual Property Rights

No new intellectual property will be created during the course of this contract.

6. Delivery date of Proposed Contract

4 weeks after contract award.

7. Proposed Contractor

Spectral International Inc. P.O. Box 1027 Arvada, CO 80005, USA

8. Submission of Statement of Capabilities by Suppliers

Suppliers, who consider themselves fully qualified and available to provide the services 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.

9. Departmental Contact Person

Suppliers may address inquiries or submit their statement of capabilities to:

Name: Sylvie Legendre Position: Procurement Specialist Tel.: (418) 649-2860 Fax: (418) 648-2209 E-mail: sylvie.legendre@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.