CHEMILUMINESCENT LIGHT STICKS

Trade Agreement: WTO-AGP/NAFTA/AIT/Canada FTAs with Peru/Colombia/Panama 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: les jeux de lumiere magique inc 4316 Blvd Grande Allée Boisbriand Quebec Canada J7H1M9 Nature of Requirements: LIGHT, CHEMILUMINESCENT

W8486-103506/A McLaughlin, Michael Telephone No. - (819) 956-3622 michael.mclaughlin@pwgsc.gc.ca

Notice Amendment 001

The following questions have been submitted by interested parties. The questions appear in their original format and language, answers appear in bold.

Q1) Will this standing offer include chemical light sticks not listed in the attached table of NSN's?

A1) No, the Standing offer will only include the listed items as outlined in the attached table.

Q2) I believe I have an equivalent product, will you hold award of this standing offer until my product has been tested and approved under the current Commercial Item Descriptions (CID) outlined by the U.S Defence Logistics Agency (DLA)?

A2) No, all testing results and approval by the U.S Defence Logistics Agency (DLA) must be completed and submitted to Michael McLaughlin by to 2:00pm EST on August 20th 2014. Issuance of the Standing Offer will not be delayed while testing is being completed.

Q3) What is the deadline for submitting questions?

A3) The deadline for submitting questions is end of business on August 19th 2014.

Q4) What is the deadline for submitting an ACAN challenge?

A4) The deadline for submitting an ACAN challenge is 2:00pm EST on August 20th 2014

Q5) What if my product gets tested and approved by the U.S Defence Logistics Agency (DLA) after award of the standing Offer?

A6) Should you get approval after award, you are encourage to submit your results and approval notice to the Standing Offer Authority Michael McLaughlin for review. Although, the Standing Offer will not be set-aside in the first twelve (12) months, should an alternative source of supply become available, PWGSC would choose not to exercise the subsequent option periods and issue a competitive requirement.

Q7) What proof do I need to demonstrate that my product meets the testing requirements as outlined by the U.S Defence Logistics Agency (DLA)?

A7) You need to provide written confirmation, along with copies of your test results, from the U.S Defence Logistics Agency (DLA) stating that your companies product meets all standards approved under the current Commercial Item Descriptions (CID) outlined by the U.S Defence Logistics Agency (DLA) . Each light stick must be identified by a U.S NATO Stock Number, which refers to U.S Military Specifications.

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 contracting authority may then proceed with the award.

Requirement

National Individual Standing Offer (NISO) for the supply of various Chemiluminescent Light sticks, as listed herein, for a period of one (1) Twelve (12) month period plus a right to request additional options of four (4) one (1) year periods.

Statement of Requirements

The Department of National Defence (DND) has a requirement to establish a National Individual Standing offer for chemiluminescent light sticks. Each product under this Standing Offer must be approved under the current Commercial Item Descriptions (CID) outlined by the U.S Defence Logistics Agency (DLA) . Each light stick must be identified by a U.S NATO Stock Number, which refers to U.S Military Specifications. The only authority capable of certifying these products under each Nato Stock Number (NSN) is the U.S Department Logistics Agency (DLA).

Suppliers wanting to be qualified for future requirements must submit their technical product packages to the DLA for testing and approval before they can be accepted under current DND and NATO inventories. For information pertaining to the Commercial Item Description for each chemical light stick, please contact the U.S Defense Logistics Agency: http://www.dla.mil/

Applicable Trade Agreements and Obligations

This requirement is subject to the World Trade Organization Agreement on Government Procurement (WTO-AGP), North American Free Trade Agreement (NAFTA) the Agreement on Internal Trade (AIT) and the Bilateral Trade Agreement.

Government Contracts Regulations (GCR) Exception and Limited Tendering Reasoning

Government Contract Regulations applies as only one person is capable of performing the work (SM Chapter 3,3.15).

Limited tendering procedures in accordance with AIT, NAFTA, WTO/AGP and Supply Manual , Chapter 3, Annex 3.2 (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; (CAP Code 71)

Required Delivery: As and when requested

Estimated Value: $1,000,000.00

It is the Government of Canada's intent to issue a Sole Source National Individual Standing offer to Magic Light Inc. as they are the sole authorized Canadian distributor of Cyalume Light Technology chemiluminescent light sticks. Presently, only Cyalume Technologies Inc. products meet U.S Defense Logistic Agency requirements for chemiluminescent light sticks for the SOA products required by DND.

Proposed Contractor: Magic Light Inc. 4316 Grande Allée Blvd Boisbriand, Québec Canada J7H 1M9 Tel.: (450) 433-5955 Toll Free: 1-800-465-4569 Fax: (450) 433-6785 E-mail: shopping@magiclight.net

You are hereby notified that the government intends to solicit a bid and negotiate with one firm only as identified above.

Suppliers who consider themselves fully qualified and available to provide the NSN's described herein and have been approved by the U.S Defense Logistics Agency under the listed NSN's to provide the aforementioned chemiluminescent light sticks, may submit a statement of capabilities in writing to the contracting officer identified below on or before the closing date of this Notice. The statement of capabilities must provide sufficient evidence (i.e a letter from the U.S Defense Logistics Agency) indicating that their product has been approved .

Should you have any questions concerning this requirement, contact the contracting officer identified below. 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.

Inquiries and Submission of Statements of Capabilities

Mike McLaughlin Public Works and Government Services Canada Industrial and Commercial Products and Standardization Services - "HN" Division 7B3, Place du Portage, Phase III, ll Laurier Street, Hull, Quebec K1A 0S5 Telephone number: (819) 956-3622 Facsimile number: (819) 953-4944 E-mail address: michael.mclaughlin@pwgsc.gc.ca

The Crown retains the right to negotiate with suppliers on any procurement. Documents may be submitted in either official language of Canada.

Anticipated required equipment

6 INCH CYALUME LIGHTSTICKS

GSIN NSN COLOR REF/NUM NSCM U OF I QA S/L AZMAT 6260 01-074-4229 GREEN 9-27053 OBY83 EA C 48 yes 6260 01-178-5559 RED 9-27719 OBY83 EA C 0 yes 6260 01-178-5560 BLUE 9-27720 OBY83 EA C 48 yes 6260 01-196-0136 YELLOW 9-27721 OBY83 EA C 48 yes 6260 01-195-9753 ORANGE 9-27048 OBY83 EA C 48 yes 6260 01-218-5146 WHITE 9-27057 OBY83 EA C 48 yes 6260 01-195-9752 INFRARED 9-27501 OBY83 EA C 36 yes 6260 01-396-1704 INFRARED 9-29600 OBY83 EA C 0 no 6260 01-074-4230 YELLOW 9-27052 OBY83 EA C 0 yes 6260 01-230-8601 RED 9-27055 OBY83 EA C 0 yes 6260 01-247-0368 WHITE 9-27056 OBY83 EA C 48 yes 6260 01-247-0363 ULTRA 9-27043 OBY83 EA C 24 yes

4 INCH CYALUME LIGHTSTICKS 6260 00-106-7478 GREEN 9-27016 OBY83 EA C 48 NO

15 INCH CYALUME IMPACT SELF-ACTIVATING 6260 01-341-8709 GREEN 9-27140 OBY83 EA C 48 yes 6260 01-341-8712 RED 9-27143 OBY83 EA C 48 yes 6260 01-341-8710 BLUE 9-27141 OBY83 EA C 48 yes 6260 01-341-8711 YELLOW 9-27142 OBY83 EA C 48 yes 6260 01-341-8713 WHITE 9-27144 OBY83 EA C 48 yes 6260 01-341-8714 INFRARED 9-27145 OBY83 EA C 36 yes 6260 01-341-8715 ULTRA 9-27146 OBY83 EA C 24 yes

CIRCLE LIGHTSHAPES 6260 01-311-5086 GREEN 9-50860 OBY83 EA C 48 no 6260 01-334-4272 RED 9-42720 OBY83 EA C 48 no 6260 01-311-5085 INFRARED 9-50850 OBY83 EA C 48 no 6260 01-396-1705 INFRARED 9-17050 OBY83 EA C 0 no

15 INCH CYALUME LIGHTSTICKS 6260 01-396-1708 INFRA RED 9-17080 OBY83 EA C 0 no 6260 01-247-0362 GREEN 9-03620 OBY83 EA C 0 no 6260 01-265-0612 RED 9-06120 OBY83 EA C 0 no 6260 01-265-0614 BLUE 9-06140 OBY83 EA C 0 no 6260 01-265-0613 YELLLOW 9-06130 OBY83 EA C 0 no 6260 01-247-0367 WHITE 9-03670 OBY83 EA C 0 no

1 1/2 MINI LIGHTSTICKS (TYPE A) 6260 01-209-4434 GREEN 9-28200 OBY83 EA C 24 yes 6260 01-209-4436 BLUE 9-28201 OBY83 EA C 24 yes 6260 01-209-4435 YELLOW 9-28202 OBY83 EA C 24 no 6260 01-230-8600 LT. RED 9-28203 OBY83 EA C 24 yes 6260 01-247-0364 INFRARED 9-28010 OBY83 EA C 36 yes

CYALUME PML PERSONNAL MARKER LIGHTS 6260 01-086-8077 GREEN 9-80770 OBY83 EA C 36 yes

CYALUME S.O.S LIGHT & SIGNAL 6260 01-334-4274 GREEN 9-42740 OBY83 EA C 36 yes 6260 01-334-6826 ULTRA 9-68260 OBY83 EA C 24 yes

SURFACE TRIP FLARE W/ULTRA ORANGE LIGHTSTICKS 6260 01-247-2937 ULTRA 9-29370 OBY83 EA C 0 yes

LIGHTSTICK ACCESSORIES 6260 01-255-3346 Magnetic Base 9-33460 OBY83 EA C 0 no

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.