23-58149 - Performance Evaluation and Necessary Rectification/Refurbishment Service

Performance Evaluation and Necessary Rectification/Refurbishment Service
Solicitation Number: 24-58149
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
The Contractor to provide the NRC with the following services:
1. Performance Evaluation and Necessary Rectification/Refurbishment Extended Interaction Klystrons (EIK) Of the VKB 2461T20 EIK W-band pulsed conduction-cooled EIK developed as Engineering Model (EM3) for the CloudSat Mission. Perform any necessary rectification or refurbishment to address any defects or performance degradations;
2. Purchase an additional backup W-band EIK unit that is identical to the unit being evaluated for refurbishment and has the same specifications.
3. Power Supply Modulator (PSM) for the SWOT Flight Model 2 EIK – E1342K9;
4. Performance Test and Report for the SWOT Flight Model 2 EIK with the new PSM
3. Applicability of the trade agreement(s) to the procurement

This procurement is subject to the following trade agreement(s):
o Canadian Free Trade Agreement (CFTA)
o Revised World Trade Organization - Agreement on Government Procurement (WTO-AGP)
o Canada-European Union Comprehensive Economic and Trade Agreement (CETA)
o Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
o Canada-Chile Free Trade Agreement (CCFTA)
o Canada-Colombia Free Trade Agreement
o Canada-Honduras Free Trade Agreement
o Canada-Korea Free Trade Agreement
o Canada-Panama Free Trade Agreement
o Canada-Peru Free Trade Agreement (CPFTA)
o Canada-United Kingdom Trade Continuity Agreement (Canada-UK TCA)
o Canada-Ukraine Free Trade Agreement (CUFTA)

4. Justification for the Pre-Identified Supplier
Communications & Power Industries Canada Inc. is the original manufacturer of the goods and services applicable to the refurbishment service. CPI owns the exclusive rights and proprietary information to the technology to perform the service to the specifications developed from the manufacture, and where there is a technological inability to compete, the goods or services can only be provided by a particular supplier and there is no reasonable alternative or substitute.
This procurement is for additional supplies from the original supplier that are replacement parts for existing equipment. When a change in supplier would require the entity to procure equipment and services that do not meet requirements for interchangeability with existing equipment or services, including software and equipment.
5. 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")

6. Exclusions and/or Limited Tendering Reasons
The following exclusion(s) and/or limited tendering reasons are invoked under the:
a. Canadian Free Trade Agreement (CFTA) – Article 513 (1) (b) (iii): due to an absence of competition for technical reasons;
b. World Trade Organization - Agreement on Government Procurement (WTO-AGP) – Article XIII (b) (iii): due to an absence of competition for technical reasons;
c. Canada-European Union Comprehensive Economic and Trade Agreement (CETA) – Article 19.12 (b) (iii): due to an absence of competition for technical reasons;
d. Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) – Article 15.10 (2) (b) (iii): due to an absence of competition for technical reasons;
e. Canada-Chile Free Trade Agreement (CCFTA) – Article Kbis-16 (2) (c): necessary to protect intellectual property;
f. Canada-Colombia Free Trade Agreement – Article 1409 (1) (b) (iii): due to an absence of competition for technical reasons;
g. Canada-Honduras Free Trade Agreement – Article 17.11 (2) (b) (iii): due to an absence of competition for technical reasons;
h. Canada-Korea Free Trade Agreement – referencing the WTO Protocol Amending the GPA, Article XIII (1) (b) (iii): due to an absence of competition for technical reasons;
i. Canada-Panama Free Trade Agreement – Article 16.10 (1) (b) (iii): because of the absence of competition for technical reasons;
j. Canada-Peru Free Trade Agreement (CPFTA) –Article 1409 (1) (b) (iii): due to an absence of competition for technical reasons;
k. Canada-Ukraine Free Trade Agreement (CUFTA) – Annex 10-6 (2) (a): any form of preference, including set asides, to benefit micro, small and medium enterprises; and
l. Canada-United Kingdom Trade Continuity Agreement: refer to CETA as the provisions of CETA are incorporated by reference into and made part of this Agreement. (CETA) Article 19.12 (b) (iii).
7. Period of the proposed contract or delivery date:
The period of the Contract is from September 2024 to August 2025.
8. Name and address of the pre-identified supplier

Communications & Power Industries Canada Inc.
Antenna & Power Technologies, Power Electronics
45 River Drive, Georgetown, ON Canada L7G 2J4

9. 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.

10. Closing date for a submission of a statement of capabilities

The closing date and time for accepting statements of capabilities is September 11 2024

11. Inquiries and submission of statements of capabilities:

Johnathon Gillis
Telephone: 343-552-4124
Email: Johnathon.Gillis@nrc-cnrc.gc.ca