Trade Agreement: NAFTA/AIT/Canada FTAs with Peru/Colombia/Panama Tendering Procedures: Generally only one firm has been invited to bid Non-Competitive Procurement Strategy: Exclusive Rights Comprehensive Land Claim Agreement: No Vendor Name and Address: GAUSSIAN INC. Building 40 340 Quinnipiac Street Wallingford Connecticut United States 06492 Nature of Requirements: Advanced Contract Award Notice (ACAN) Gaussian License W7702-178872/A 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 Suffield Research Centre of Defense Research and Development Canada has a requirement for a 20 year license agreement for Gaussian 09, the advanced quantum chemistry software, which is unique to provide state-of-art capabilities for electronic structure modeling with the high accuracy on reaction energies and spectra for the development of advanced energetic materials. To packing simulations of molecular crystals as reaction precursors of advanced energetic materials, in its output file Gaussian 09 provides charges as atom-centered monopoles from molecular electrostatic potential, which are required by the MOLPAK software, developed by the US Army Research Laboratory. Thus, Gaussian 09 is necessary for the development of advanced military energetic materials. 3. Criteria for assessment of the Statement of Capabilities Any interested supplier must demonstrate that its product meets the following mandatory requirements: (1). The software must be an advanced quantum chemistry simulation program fully recognized by its high accuracy on reaction energies and spectra in comparison with experiments. For instance, the deviation of the proton affinity from the experimental value for water molecule must be less than 1.10 kcal/mol. (2). The software must provide access to source code so that the output format can be modified to fit into molecular packing simulation software such as the MOLPAK. (3). The software must provide source code which is able to be compiled in latest Linux operation systems to run most popular Linux based workstations. (4). The software must have the enhanced methods for hybrid density functional theory simulations such as M06-2x functional. (5). The software must have capabilities to deal with model reactions of very large systems such as the ONIOM model. 4. This procurement is subject to the following trade agreement: o Agreement on Internal Trade (AIT) o North American Free Trade Agreement (NAFTA) 5. Applicability of the trade agreement(s) to the procurement: AIT Article 506, #12 a 12. Where only one supplier is able to meet the requirements of a procurement, an entity may use procurement procedures that are different from those described in paragraphs 1 through 10 in the following circumstances: a. to ensure compatibility with existing products,to recognize exclusive rights, such as exclusive licences, copyright and patent rights, or to maintain specialized products that must be maintained by the manufacturer or its representative; NAFTA - ARTICLE 1016 2. An entity may use limited tenderingprocedures in the following circumstances and subject to the following conditions, as applicable: (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. 6. Justification for the Pre-Identified Supplier The Contractorholds exclusive copyrights for the Gaussian 09 software. This software has unique capabilities where the accuracy and output is required by the molecular packing simulation software (MOLPAK) currently being used by DRDC 7. 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"). 8. Period of the proposed contract or delivery date: The product and all associate reports must be delivered on or before August 31, 2016. 9. Cost estimate of the proposed contract: The estimated value of the contract, is $52,500 10. Name and address of the pre-identified supplier: Gaussian Inc. 340 Quinnipiac Street, Bldg 40 Wallingford CT 06492 11. Suppliers' right to submit a statement of capabilities: Suppliers who consider themselves fully qualified and available to provide the goods 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. 12. The closing date and time for accepting statements of capabilities is: August 18, 2016 at 2:00 pm MST 13. Inquiries and submission of statements of capabilities: Laurie Suchodolski, Supply Specialist Public Worksand Government Services Canada Suite 1650, 635 8th Avenue SW Calgary, Alberta T2P 3M3 Phone: 403-389-6365 Fax: 403-292-5786 Email: email@example.com 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.