ACAN Template 2011 English - Buy and Sell

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Jun 14, 2016 - An Advance Contract Award Notice (ACAN) allows departments and ... existing equipment or services, includ
NRCan-5000023386 ADVANCE CONTRACT AWARD NOTICE (ACAN)

1.

Title

Continued Usage of Electron Microprobe MicroAnalyser (EPMA)

2.

Definition

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 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 Statement of Capabilities during the fifteen calendar day posting period, and meet the requirements set out in the ACAN, the department or agency 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.

3.

Background

An Electron Microprobe or Electron Probe MicroAnalyser (EPMA) provides rapid, non-destructive 1-5 micron scale chemical analyses of major and trace elements of minerals in polished thin sections or pucks. The mineral chemistry results are accurate, reliable and cost-effective and underpin many of GSC’s strategic research priorities in minerals, energy and the environment. The Earth Sciences Sector (ESS) of Natural Resources Canada (NRCan) is required to provide EPMA analyses in response to Laboratory Study Agreements (LSA) between scientists in Programs and the Science Laboratory Network (SLN). In 2013, a decision was made to decommission the Geological Survey of Canada’s (GSC) microprobe because of age and escalating costs to keep it functional. However, these data are still required to answer geological questions to aid bedrock mapping, unravelling geological history, elucidating genesis of ore deposits, and identifying speciation in environmental contaminants and enhancing interpretations between field observations and laboratory measurements. 4.

Objectives

The objectives of this work are to: 

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answer geological questions to aid bedrock mapping, unravelling geological history, elucidating genesis of ore deposits, and identifying speciation in environmental contaminants and enhancing interpretations between field observations and laboratory measurements.

Trade Agreements

Applicable Limited Tendering Provision under NAFTA (Article 1016.2) 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;

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NRCan-5000023386 1016.2(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 of interchangeability with already existing equipment or services, including software to the extent that the initial procurement of the software was covered by this Chapter; Applicable Limited Tendering Provision under Canada-Chile (Article Kbis-09) Kbis-09 (b) - 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; Kbis-09 (c) - c. for additional deliveries by the original supplier that are intended either as replacement parts, extensions, or continuing services for existing equipment, software, services or installations, where a change of supplier would compel the entity to procure goods or services not meeting requirements of interchangeability with existing equipment, software, services, or installations; Applicable Limited Tendering Provision under Canada-Peru / Canada-Colombia (Article 1409) 1409 (b) where the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist for any of the following reasons: (i) the requirement is for a work of art, (ii) the protection of patents, copyrights or other exclusive rights, or (iii) due to an absence of competition for technical reasons; 1409 (c) for additional deliveries by the original supplier of goods or services that were not included in the initial procurement where a change of supplier for such additional goods and services: (i) cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services, or installations procured under the initial procurement, and (ii) would cause significant inconvenience or substantial duplication of costs to the procuring entity; Applicable Limited Tendering Provision under AIT (Article 506.12) 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; 506.12(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;

6.

Title to Intellectual property

Natural Resources Canada has determined that any intellectual property arising from the performance of the Work under the Contract will vest in Canada, on the following grounds: 

to generate knowledge and information for public dissemination.

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NRCan-5000023386

7.

Contract Period

The contract period shall be from June 2016 to March 31, 2017.

8.

Estimated Cost

The estimated maximum value of the contract is $50,000.00 for the initial period, plus two (2) additional one (1) year option periods in the amount of $50,000.00 for a total of $150,000.00, before applicable taxes.

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Exception to the Government Contracts Regulations and applicable trade agreements

Sole Source Justification - Exception of the Government Contract Regulations (GCR): (d) Only one person or firm is capable of performing the contract University of Ottawa is the only University within 25kms of NRCan’s premises that has installed a third party “Probe for EPMA” software which extends the capability of the University of Ottawa JEOL instrument to allow calculation of elemental interferences, set-up of current routines, develop new routines, reduce the data off-line (i.e., using the computer in the GSC office), thus reducing the amount of instrument time required. The 3-year-old JEOL instrument at the university is fully automated (i.e., can run 24 hours without operator, unless needed for troubleshooting) which fully meets NRCan’s needs and reduces the requirement to have someone working on this instrument around the clock. Given the required proximity (within 25kms of NRCan’s premises) of the instrument, it enables NRCan to work at the U of O site as required, but still be able to work on the outputted results for scientists in our NRCan offices. Lastly, the use of this instrument with this add-on software makes the new results compatible - due to similar processing parameters - with all the archived results from the Mineralogy-Microbeam Laboratory. This is paramount, as scientists need to publish the results and often include data from the past.

10.

Name and Address of the Proposed Contractor

University of Ottawa 15025A University Avenue Ottawa, Ontario K1N 6N5

11.

Inquiries on Submission of Statement of Capabilities

Suppliers who consider themselves fully qualified and available to provide the services/goods described herein, may submit a Statement of Capabilities in writing, preferably by e-mail, to the contact person identified in this Notice on or before the closing date and time of this Notice. The Statement of Capabilities must clearly demonstrate how the supplier meets the advertised requirements.

12.

Closing Date

Closing Date: Closing Time:

28 June 2016 2:00 p.m. EDT Page 3 of 4

NRCan-5000023386 13.

Contract Authority

Valerie Holmes Procurement Specialist Natural Resources Canada 580 Booth Street, 5th Floor. Ottawa, ON K1A 0E4 Telephone: (343) 292-8371 - NEW Fax: (613) 947-5477 E-mail : [email protected] - NEW

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