HomeMy WebLinkAboutCertification of ContractDEPARTMENT OF MANAGEMENT
ervices
Governor Charlie Cri st
Division o`Staw.e Purchas:ng
050 Es'planate Way. Su": 360
ialiahassee, Florida 32399-0950
Tel: 850.488.8440
Fax: 850.4114-6122
,.w,,,,v.dms.MyFlorida.con
Secretary Linda H. South
CERTIFICATION OF CONTRACT
TITLE: Ammunition and Officers' Equipment
CONTRACT NO.: 680-050-09-1
3 ? [01 =.:11 It
EFFECTIVE: September 30, 2008 through September 29, 2009
CONTRACTOR(S):
Armor Holdings/BAE Systems, Inc. (A)
Combined Systems, Inc. (A)
Dana Safety Supply, Inc. (A)
Florida Bullet, Inc. (A)
Fox Labs International, Inc. (A)
Lawmen's & Shooters' Supply, Inc. (A)
Law Enforcement Supply Co., Inc. (A)
Lou's Police & Security Equipment, Inc. (1)
Paraklese Technologies, LLC. (A)
Precision Ammunition, LLC (A)
Reliapon Police Products, Inc. (A)
Security Equipment Corporation, Inc. (A)
SRT Supply, Inc. (B)
We serve those who serve Florida.
A. AUTHORITY — Upon affirmative action taken by the State of Florida Department of
Management Services, a contract has been executed between the State of Florida and
the designated contractors.
B. EFFECT — This contract was entered into to provide economies in the purchase of
Ammunition and Officers' Equipment products by all State of Florida agencies and
institutions. Therefore, in compliance with Section 287.042, Florida Statutes, all
purchases of these commodities shall be made under the terms, prices, and conditions
of this contract and with the suppliers specified.
C. ORDERING INSTRUCTIONS — All purchase orders shall be issued in accordance with
the attached ordering instructions. Purchaser shall order at the prices indicated,
exclusive of all Federal, State, and local taxes.
All contract purchase orders shall show the State Purchasing contract number, product
number, quantity, description of item, with unit prices extended and purchase order
totaled. (This requirement may be waived when purchase is made by a blanket
purchase order.)
D. CONTRACTOR PERFORMANCE — Agencies shall report any vendor failure to perform
according to the requirements of this contract on Complaint to Vendor, form PUR7017.
Should the vendor fail to correct the problem within a prescribed period of time, then
form PUR7029, Request for Assistance, is to be filed with this office.
E. SPECIAL AND GENERAL CONDITIONS — Special and general conditions are enclosed
for your information. Any restrictions accepted from the supplier are noted on the
ordering instructions.
Authorized Signature (date)
DSP/ml
Attachments
AMMUNITION AND OFFICERS' EQUIPMENT, ITB No. 1-680-050-0 Page 7 of 53
CONTRACT ADMINISTRATOR
MARK LOVELL
PHONE: (850) 487-2304
E-MAIL: Mark. Lovell(&_dms.myflorida.com
AMMUNITION AND OFFICERS' EQUIPMENT, ITB No. 1-680-050-0 Page 8 of 53
TABLE OF CONTENTS
1.0 INTRODUCTION
2.0 GENERAL INSTRUCTIONS TO RESPONDENTS [PUR1001 (10/06)]
3.0 SPECIAL INSTRUCTIONS TO RESPONDENTS
4.0 GENERAL CONTRACT CONDITIONS [PUR1000 (10/06)]
5.0 SPECIAL CONDITIONS
6.0 TECHNICAL SPECIFICATIONS
7.0 PRICE SHEETS AND FORMS
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SECTION 1.0
INTRODUCTION
CONTENTS:
1.1 PURPOSE AND SCOPE
1.2 TIMELINE
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AMMUNITION AND OFFICERS' EQUIPMENT, ITB No. 1-680-050-0 Page 10 of 53
1.1
1.2
Purpose and Scope
The State of Florida ("State"), Department of Management Services ("Department"),
invites interested Vendors, including Manufacturers, Distributors and other companies
that are legally and financially able to furnish Ammunition and Officers' Equipment
products (including, but not limited to Handcuffs, Targets, Pepper Spray, Leather Goods,
Pepper Spray, (O.C.), Tasers, Less -Lethal Munitions, Firearms and Badges and
Insignia) to respond to this Invitation to Bid (ITB). This solicitation will lead to the
formation of a single State Term Contract (STC) that will eventually replace two current
contracts, STC # 680-050-07-1 (Ammunition, Handcuffs, Targets, Pepper Spray and
Less -Lethal Munitions) and STC # 680-650-05-1 (Officers' Equipment). These State
Term Contracts expire on October 1, 2008 and December 22, 2008 respectively.
The intent is to obtain the most cost effective Ammunition and Officer Equipment
products for the State of Florida, while maximizing the quality and level of service.
Qualified companies must have the capability to provide these products in all respects,
in accordance with the solicitation documents and to the satisfaction of the Department.
The State Term Contract period, if awarded, is anticipated to begin on the Contract
Formation date, per Section 2.17, with the initial contract term ending twelve (12) months
thereafter, with potential options to renew per Chapter 287, Florida Statutes.
Timeline
I Issue Solicitation within the MvFloridaMarketPlace Sourcina Tool 1 8/11/2008 1
Questions from Respondents Due via the Q & A Board within the 8/15/2008
MyFloridaMarketPlace Sourcing Tool. No later than 4:00 pm EDT).
Post Responses to Vendor Questions within the MyFloridaMarketPlace 8/20/2008
Sourcina Tool
Solicitation Responses Due, and bidding closes within the
MyFloridaMarketPlace Sourcing Tool. Backup CD copy of bid responses
also due to the address listed on the cover page of this solicitation 8/29/2008
document, "Refer ALL Inquiries to..." Please reference section 3.5.5 for
additional information on the CD Backup copy of your
MyFloridaMarketPlace Bid ResDonse. (No later than 4:00 Dm EDT).
Post Notice of Intended Award on the Vendor Bid System, (Per SectionI 9/9/2008
2.13. Electronic Postina of Notice of Intended Award).
(Per Section 2.17,
Contract Award. Contract Formation)
AMMUNMON AND OFFICERS' EQUIPMENT, ITS No. 1-680-050-0 Page 11 of 53
DO NOT RELY ON THE MYFLORIDAMARKETPLACE SOURCING TOOL'S TIME
REMAINING CLOCK. THE OFFICIAL SOLICITATION CLOSING TIME SHALL BE AS
REFLECTED IN SECTION 1.2, TIMELINE. The response deadline(s) shall be as
reflected in Section 1.2, Timeline, of this solicitation. The MyFloridaMarketPlace
Sourcing Tool's time remaining clock is not the official submission date and time
deadline, it is intended only to approximate the solicitation closing and may require
periodic adjustments. It is strongly recommended to submit your bid as early as
possible. You should allow time to receive any requested assistance and to
receive verification of your submittal; waiting until the last hours of the
solicitation could impact the timely submittal of your bid.
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AMMUNmON AND OFFICERS' Eou1PMENi, ITB No. 1-680-050-0 Page 12 of 53
SECTION 2.0
GENERAL INSTRUCTIONS TO RESPONDENTS fPUR1001 (10/06)1
CONTENTS:
2.1 DEFINITIONS.
2.2 GENERAL INSTRUCTIONS.
2.3 ELECTRONIC SUBMISSION OF RESPONSES.
2.4 TERMS AND CONDITIONS.
2.5 QUESTIONS.
2.6 CONFLICT OF INTEREST.
2.7 CONVICTED VENDORS.
2.8 DISCRIMINATORY VENDORS.
2.9 RESPONDENT'S REPRESENTATION AND AUTHORIZATION.
2.10 MANUFACTURER'S NAME AND APPROVED EQUIVALENTS.
2.11 PERFORMANCE QUALIFICATIONS.
2.12 PUBLIC OPENING.
2.13 ELECTRONIC POSTING OF NOTICE OF INTENDED AWARD.
2.14 FIRM RESPONSE.
2.15 CLARIFICATIONS/REVISIONS.
2.16 MINOR IRREGULARITIES/RIGHT TO REJECT.
2.17 CONTRACT FORMATION.
2.18 CONTRACT OVERLAP.
2.19 PUBLIC RECORDS.
2.20 PROTESTS.
2.21 LIMITATION ON VENDOR CONTACT WITH AGENCY DURING SOLICITATION PERIOD.
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AMMUNITION AND OFFICERS' EQUIPMENT, ITB No. 1-680-050-0 Page 13 of 53
2.1 Definitions. The definitions found in s. 60A-1.001, F.A.C. shall apply to this agreement.
The following additional terms are also defined:
(a) "Buyer" means the entity that has released the solicitation. The "Buyer" may also be the
"Customer" as defined in the PUR 1000 if that entity meets the definition of both terms.
(b) "Procurement Officer" means the Buyer's contracting personnel, as identified in the
Introductory Materials.
(c) "Respondent" means the entity that submits materials to the Buyer in accordance with these
Instructions.
(d) "Response" means the material submitted by the respondent in answering the solicitation.
(e) "Timeline" means the list of critical dates and actions included in the Introductory Materials.
2.2 General Instructions. Potential respondents to the solicitation are encouraged to carefully
review all the materials contained herein and prepare responses accordingly.
2.3 Electronic Submission of Responses., Respondents are required to submit responses
electronically. For this purpose, all references herein to signatures, signing requirements, or
other required acknowledgments hereby include electronic signature by means of clicking the
"Submit Response" button (or other similar symbol or process) attached to or logically
associated with the response created by the respondent within MyFloridaMarketPlace. The
respondent agrees that the action of electronically submitting its response constitutes:
• an electronic signature on the response, generally,
• an electronic signature on any form or section specifically calling for a signature, and
• an affirmative agreement to any statement contained in the solicitation that requires a
definite confirmation or acknowledgement.
2.4 Terms and Conditions. All responses are subject to the terms of the following sections of
this solicitation, which, in case of conflict, shall have the order of precedence listed:
• Technical Specifications,
• Special Conditions and Instructions,
• Instructions to Respondents (PUR 1001),
• General Conditions (PUR 1000), and
• Introductory Materials.
The Buyer objects to and shall not consider any additional terms or conditions submitted by a
respondent, including any appearing in documents attached as part of a respondent's response.
In submitting its response, a respondent agrees that any additional terms or conditions, whether
submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with
terms and conditions, including those specifying information that must be submitted with a
response, shall be grounds for rejecting a response.
2.5 Questions. Respondents shall address all questions regarding this solicitation to the
Procurement Officer. Questions must be submitted via the Q&A Board within
MyFloridaMarketPlace and must be RECEIVED NO LATER THAN the time and date reflected
on the Timeline. Questions shall be answered in accordance with the Timeline. All questions
submitted shall be published and answered in a manner that all respondents will be able to
view. Respondents shall not contact any other employee of the Buyer or the State for
information with respect to this solicitation. Each respondent is responsible for monitoring the
MyFloridaMarketPlace site for new or changing information. The Buyer shall not be bound by
any verbal information or by any written information that is not contained within the solicitation
AMMUNITION AND OFFICERS' EQUIPMENT, ITB No. 1-680-050-0 Page 14 of 53
documents or formally noticed and issued by the Buyer's contracting personnel. Questions to
the Procurement Officer or to any Buyer personnel shall not constitute formal protest of the
specifications or of the solicitation, a process addressed in paragraph 19 of these Instructions.
2.6 Conflict of Interest. This solicitation is subject to chapter 112 of the Florida Statutes.
Respondents shall disclose with their response the name of any officer, director, employee or
other agent who is also an employee of the State. Respondents shall also disclose the name of
any State employee who owns, directly or indirectly, an interest of five percent (5%) or more in
the respondent or its affiliates.
2.7 Convicted Vendors. A person or affiliate placed on the convicted vendor list following a
conviction for a public entity crime is prohibited from doing any of the following for a period of 36
months from the date of being placed on the convicted vendor list:
• submitting a bid on a contract to provide any goods or services to a public entity;
• submitting a bid on a contract with a public entity for the construction or repair of a public
building or public work;
• submitting bids on leases of real property to a public entity;
• being awarded or performing work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity; and
• transacting business with any public entity in excess of the Category Two threshold
amount ($25,000) provided in section 287.017 of the Florida Statutes.
2.8 Discriminatory Vendors. An entity or affiliate placed on the discriminatory vendor list
pursuant to section 287.134 of the Florida Statutes may not:
• submit a bid on a contract to provide any goods or services to a public entity;
• submit a bid on a contract with a public entity for the construction or repair of a public
building or public work;
• submit bids on leases of real property to a public entity;
• be awarded or perform work as a contractor, supplier, sub -contractor, or consultant
under a contract with any public entity; or
• transact business with any public entity.
2.9 Respondent's Representation and Authorization. In submitting a response, each
respondent understands, represents, and acknowledges the following (if the respondent cannot
so certify to any of following, the respondent shall submit with its response a written explanation
of why it cannot do so).
• The respondent is not currently under suspension or debarment by the State or any
other governmental authority.
• To the best of the knowledge of the person signing the response, the respondent, its
affiliates, subsidiaries, directors, officers, and employees are not currently under
investigation by any governmental authority and have not in the last ten (10) years been
convicted or found liable for any act prohibited by law in any jurisdiction, involving
conspiracy or collusion with respect to bidding on any public contract.
• Respondent currently has no delinquent obligations to the State, including a claim by the
State for liquidated damages under any other contract.
• The submission is made in good faith and not pursuant to any agreement or discussion
with, or inducement from, any firm or person to submit a complementary or other
noncompetitive response.
AMMUNrrION AND OFFICERS' EouiaMENr, ITB No. 1-680-05D-0 Page 15 of 53
• The prices and amounts have been arrived at independently and without consultation,
communication, or agreement with any other respondent or potential respondent; neither
the prices nor amounts, actual or approximate, have been disclosed to any respondent
or potential respondent, and they will not be disclosed before the solicitation opening.
• The respondent has fully informed the Buyer in writing of all convictions of the firm, its
affiliates (as defined in section 287.133(1)(a) of the Florida Statutes), and all directors,
officers, and employees of the firm and its affiliates for violation of state or federal
antitrust laws with respect to a public contract for violation of any state or federal law
involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect
to a public contract. This includes disclosure of the names of current employees who
were convicted of contract crimes while in the employ of another company.
• Neither the respondent nor any person associated with it in the capacity of owner,
partner, director, officer, principal, investigator, project director, manager, auditor, or
position involving the administration of federal funds:
o Has within the preceding three years been convicted of or had a civil judgment
rendered against them or is presently indicted for or otherwise criminally or civilly
charged for: commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a federal, state, or local government transaction
or public contract; violation of federal or state antitrust statutes; or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making
false statements, or receiving stolen property; or
o Has within a three-year period preceding this certification had one or more federal,
state, or local government contracts terminated for cause or default.
• The product offered by the respondent will conform to the specifications without
exception.
• The respondent has read and understands the Contract terms and conditions, and the
submission is made in conformance with those terms and conditions.
• If an award is made to the respondent, the respondent agrees that it intends to be legally
bound to the Contract that is formed with the State.
• The respondent has made a diligent inquiry of its employees and agents responsible for
preparing, approving, or submitting the response, and has been advised by each of them
that he or she has not participated in any communication, consultation, discussion,
agreement, collusion, act or other conduct inconsistent with any of the statements and
representations made in the response.
• The respondent shall indemnify, defend, and hold harmless the Buyer and its employees
against any cost, damage, or expense which may be incurred or be caused by any error
in the respondent's preparation of its bid.
• All information provided by, and representations made by, the respondent are material
and important and will be relied upon by the Buyer in awarding the Contract. Any
misstatement shall be treated as fraudulent concealment from the Buyer of the true facts
relating to submission of the bid. A misrepresentation shall be punishable under law,
including, but not limited to, Chapter 817 of the Florida Statutes.
2.10 Manufacturer's Name and Approved Equivalents. Unless otherwise specified, any
manufacturers' names, trade names, brand names, information or catalog numbers listed in a
specification are descriptive, not restrictive. With the Buyer's prior approval, the Contractor may
provide any product that meets or exceeds the applicable specifications. The Contractor shall
demonstrate comparability, including appropriate catalog materials, literature, specifications,
test data, etc. The Buyer shall determine in its sole discretion whether a product is acceptable
as an equivalent.
AMMUNITION AND OFFICERS' EQUIPMENT, ITB No. 1-680-050-0 Page 16 of 53
2.11 Performance Qualifications. The Buyer reserves the right to investigate or inspect at any
time whether the product, qualifications, or facilities offered by Respondent meet the Contract
requirements. Respondent shall at all times during the Contract term remain responsive and
responsible. In determining Respondent's responsibility as a vendor, the agency shall consider
all information or evidence which is gathered or comes to the attention of the agency which
demonstrates the Respondent's capability to fully satisfy the requirements of the solicitation and
the contract.
Respondent must be prepared, if requested by the Buyer, to present evidence of experience,
ability, and financial standing, as well as a statement as to plant, machinery, and capacity of the
respondent for the production, distribution, and servicing of the product bid. If the Buyer
determines that the conditions of the solicitation documents are not complied with, or that the
product proposed to be furnished does not meet the specified requirements, or that the
qualifications, financial standing, or facilities are not satisfactory, or that performance is
untimely, the Buyer may reject the response or terminate the Contract. Respondent may be
disqualified from receiving awards if respondent, or anyone in respondent's employment, has
previously failed to perform satisfactorily in connection with public bidding or contracts. This
paragraph shall not mean or imply that it is obligatory upon the Buyer to make an investigation
either before or after award of the Contract, but should the Buyer elect to do so, respondent is
not relieved from fulfilling all Contract requirements.
2.12 Public Opening. Responses shall be opened on the date and at the location indicated on
the Timeline. Respondents may, but are not required to, attend. The Buyer may choose not to
announce prices or release other materials pursuant to s. 119.071(1)(b), Florida Statutes. Any
person requiring a special accommodation because of a disability should contact the
Procurement Officer at least five (5) workdays prior to the solicitation opening. If you are hearing
or speech impaired, please contact the Buyer by using the Florida Relay Service at (800) 955-
8771 (TDD).
2.13 Electronic Posting of Notice of Intended Award. Based on the evaluation, on the date
indicated on the Timeline the Buyer shall electronically post a notice of intended award at
http://fcn.state.fl.us/owa vbs/owa/vbs www.main menu. If the notice of award is delayed, in
lieu of posting the notice of intended award the Buyer shall post a notice of the delay and a
revised date for posting the notice of intended award. Any person who is adversely affected by
the decision shall file with the Buyer a notice of protest within 72 hours after the electronic
posting. The Buyer shall not provide tabulations or notices of award by telephone.
2.14 Firm Response. The Buyer may make an award within sixty (60) days after the date of
the opening, during which period responses shall remain firm and shall not be withdrawn. If
award is not made within sixty (60) days, the response shall remain firm until either the Buyer
awards the Contract or the Buyer receives from the respondent written notice that the response
is withdrawn. Any response that expresses a shorter duration may, in the Buyer's sole
discretion, be accepted or rejected.
2.15 Clarifications/Revisions. Before award, the Buyer reserves the right to seek clarifications
or request any information deemed necessary for proper evaluation of submissions from all
respondents deemed eligible for Contract award. Failure to provide requested information may
result in rejection of the response.
AMMUNITION AND OFFICERS EQUIPMENT, ITB No. 1-680-050-0 Page 17 of 53
2.16 Minor Irregularities/Right to Reject. The Buyer reserves the right to accept or reject any
and all bids, or separable portions thereof, and to waive any minor irregularity, technicality, or
omission if the Buyer determines that doing so will serve the State's best interests. The Buyer
may reject any response not submitted in the manner specified by the solicitation documents.
2.17 Contract Formation. The Buyer shall issue a notice of award, if any, to successful
respondent(s), however, no contract shall be formed between respondent and the Buyer until
the Buyer signs the Contract. The Buyer shall not be liable for any costs incurred by a
respondent in preparing or producing its response or for any work performed before the
Contract is effective.
2.18 Contract Overlap. Respondents shall identify any products covered by this solicitation
that they are currently authorized to furnish under any state term contract. By entering into the
Contract, a Contractor authorizes the Buyer to eliminate duplication between agreements in the
manner the Buyer deems to be in its best interest.
2.19 Public Records. Article 1, section 24, Florida Constitution, guarantees every person
access to all public records, and Section 119.011, Florida Statutes, provides a broad definition
of public record. As such, all responses to a competitive solicitation are public records unless
exempt by law. Any respondent claiming that its response contains information that is exempt
from the public records law shall clearly segregate and mark that information and provide the
specific statutory citation for such exemption.
2.20 Protests. Any protest concerning this solicitation shall be made in accordance with
sections 120.57(3) and 287.042(2) of the Florida Statutes and chapter 28-110 of the Florida
Administrative Code. Questions to the Procurement Officer shall not constitute formal notice of a
protest. It is the Buyer's intent to ensure that specifications are written to obtain the best value
for the State and that specifications are written to ensure competitiveness, fairness, necessity
and reasonableness in the solicitation process.
Section 120.57(3)(b), F.S. and Section 28-110.003, Fla. Admin. Code require that a notice of
protest of the solicitation documents shall be made within seventy-two hours after the posting of
the solicitation.
Section 120.57(3)(a), F.S. requires the following statement to be included in the solicitation:
"Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, shall
constitute a waiver of proceedings under Chapter 120, Florida Statutes."
Section 28-110.005, Fla. Admin. Code requires the following statement to be included in the
solicitation: "Failure to file a protest within the time prescribed in Section 120.57(3), Florida
Statutes, or failure to post the bond or other security required by law within the time allowed for
filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes."
2.21 Limitation on Vendor Contact with Agency During Solicitation Period. Respondents
to this solicitation or persons acting on their behalf may not contact, between the release of the
solicitation and the end of the 72 -hour period following the agency posting the notice of intended
award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the
executive or legislative branch concerning any aspect of this solicitation, except in writing to the
procurement officer or as provided in the solicitation documents. Violation of this provision may
be grounds for rejecting a response.
AMMLAIrrION AND OFFICERS' EQUIPMENT, ITB No. 1-680-050-0 Page 18 of 53
SECTION 3.0
SPECIAL INSTRUCTIONS TO RESPONDENTS
CONTENTS:
3.1 CONTACT PERSON
3.2 TERMS AND CONDITIONS
3.3 DEFINITIONS
3.4 WHO MAY RESPOND
3.5 MYFLORIDAMARKETPLACE SOLICITATION OVERVIEW
3.6 AMENDMENTS OR ADDENDUMS TO THE SOLICITATION DOCUMENTS
3.7 ESTIMATED QUANTITIES
3.8 PRODUCTS AND APPROVED EQUIVALENTS
3.9 SUBMITTAL OF RESPONSE
3.10 EVALUATION CRITERIA
3.11 BASIS FOR AWARD
3.12 STATE OBJECTIVES
3.13 LOBBYING
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AMMUNITION AND OFFICERS' EQUIPMENT, ITB No. 1-680-050-0 Page 19 of 53
3.1 Contact Person
Refer ALL Inquiries to:
Mark Lovell, PMP, CPPB
Purchasing Analyst
Division of State Purchasing
Department of Management Services
4050 Esplanade Way, Suite 360
Tallahassee, FL 32399-0950
(850)487-2304 (voice)
(850)414-6122 (facsimile)
mark. lovell(cbdms.myflorida.com
Please Note: All solicitation related Questions must be submitted through the Q&A Board
per Section 2.5. Answers to MyFloridaMarketPlace System questions may be located in the
solicitation document, Section 3.5. Customer Service Representatives for
MyFloddaMarketPlace may be contacted Monday through Friday, 8:00 AM to 5:30 PM
(EDT) for MFMP system questions, toll-free at (866) 352-3776, (866-FLA-EPRO).
3.2 Terms and Conditions
Potential Respondents to the solicitation are encouraged to carefully review all the
materials contained herein and prepare Responses accordingly.
All Responses are subject to the requirements, specifications, terms, and conditions of
the following sections of this solicitation, which, in case of conflict, shall have the order of
precedence listed:
• Section 1.0, Introduction
• Section 6.0, Technical Specifications
• Section 3.0, Special Instructions to Respondents
• Section 5.0, Special Conditions
• Section 2.0, General Instructions to Respondents [PUR 1001 (10/06)]
• Section 4.0, General Contract Conditions [PUR 1000 (10/06)]
• Section 7.0, Price Sheet and Forms
The Department objects to and shall not consider any additional terms or conditions
submitted by a Respondent, including any appearing in documents attached as part of a
Respondent's Response. In submitting its Response, the Respondent agrees that any
additional terms or conditions, whether submitted intentionally or inadvertently, shall
result in the disqualification of the Respondent's Response for any offers associated with
the additional terms or conditions. Failure to comply with the solicitation requirements,
specifications, terms, and conditions, including those specifying information that must be
submitted with a Response, shall be grounds for rejecting a Response.
This Section, 3.2, supersedes and replaces Section 2.4, Terms and Conditions.
AMMUNITION AND OFFICERS' EQUIPMENT, rrB No. 1-680-050-0 Page 20 of 53
3.3 Definitions
The Definitions found and referenced in the General Instructions to Respondents
[PUR1001 (10/06)], Section 2.1, and General Contract Conditions [PUR1000 (10/06)],
Section 4.1, shall apply to this Section. The following additional terms are also defined:
(a) "State" means the State of Florida.
(b) "Department" means the Florida Department of Management Services.
(c) "Procurement Officer", "Contract Manager', or "Contract Administrator' means
the Buyer's contracting personnel, as identified in Section 3.1 or as amended by
the Department.
(d) "Eligible User" is defined in 60A-1.005, F.A.C. The following entities are eligible
users:
1. All governmental agencies, as defined in Section 163.3164, F.S., which have
a physical presence within the State of Florida;
2. Any independent, non-profit college or university that is located within the
State of Florida and is accredited by the Southern Association of Colleges
and Schools. Specific Authority 287.042 (12) F.S. Law Implemented
287.012 (12) F.S. History— New 8-24-04.
Section 287.056 of the Florida Statutes governs agencies' use of the Contract.
Others may seek Department approval under section 287.042(2)(a) as an eligible
user of the Contract.
(e) "Vendor(s)" means the entity that believes itself capable and is in the business of
providing a Commodity and/or contractual service similar to those within the
solicitation, and may or may not respond to the solicitation.
(f) "Contractor(s)" means the Respondent that contracts to sell Commodities and/or
contractual services, which meet the requirements, specifications, terms, and
conditions herein, to an Eligible User.
(g) "Manufacturer(s)" means the original producer of a Commodity and/or contractual
service.
(h) "Dealer(s)" or "Certified Representative(s)" means a Manufacturer's
representative authorized to market, sell, and service specific Commodities
and/or contractual services.
(i) "Commodity(ies)" means a tangible good, which may or may not meet the
specifications herein.
(j) "Commodity Code(s)" means the State of Florida specified numeric code for
classifying specifications, Commodities, contractual services, Acquisition
Methods, and Discounts which meet specific requirements, specifications, terms,
and conditions herein.
AMMUNITION AND OFFICERS' EQUIPMENT, ITB No. 1-680-050-0 Page 21 of 53
(k) "MSRP" is an acronym for the Manufacturer's Suggested Retail Price. It
represents the Manufacturer's recommended retail selling Price, list Price,
published Price, or other usual and customary Price that would be paid by the
purchaser for specific Commodities and contractual services without benefit of a
Contract resulting from the solicitation. It must be publicly listed, available, and
verifiable by the Department.
3.4 Who May Respond
The Department will accept Responses from capable Ammunition and Officers'
Equipment Manufacturers or Dealers/Certified Representatives, who are in good
standing with the State of Florida, satisfying the requirements, specifications, terms, and
conditions of the solicitation documents. To be eligible for award, a Respondent shall
have the demonstrated capability to perform a statewide Contract in the State of Florida.
By submitting a Response, each Respondent certifies that it satisfies all criteria specified
in the solicitation documents. The Department may request, and the Respondent shall
provide, supporting information and/or documentation. Failure to supply supporting
information and/or documentation as requested will result in disqualification of
the Response.
3.5 MyFloridaMarketPlace Solicitation Overview
The Department uses the MyFloridaMarketPlace System ("MFMP") to receive Responses
to solicitations electronically.
3.5.1 MyFloridaMarketPlace Vendor Registration Application
Vendors must have a revised, current, and complete Vendor Registration Application
identified on the MyFloridaMarketPlace Vendor Registration System at:
https://vendor.mvfloridamarketi)lace.com/. If you have not registered, please be
advised that a minimum of forty-eight (48) hours will be required for access to the
Sourcing Tool. Completion of this registration is mandatory for those Vendors who
wish to submit a Response.
3.5.2 MvFloridaMarketPlace Sourcing Tool Training
This solicitation will be conducted using the MyFloridaMarketPlace Sourcing Tool at:
h_tti)://sourcing.mooridamarketi3lace.com/. Optional training on how to respond to
this solicitation electronically is offered at:
http://marketplace.myflorida.com/vendor/vendor solicitation help.htm.
Download and review the document titled "ITB Event User Guide."
• For all technical questions about the Sourcing Tool, Vendors should contact the
MyFloridaMarketPlace Customer Service Desk at 866-FLA-EPRO (866-352-
3776) or: vendorhelp(aDmyfloridamarketplace.com.
• For additional information or assistance on using the Sourcing Tool, please visit
the MyFloridaMarketPlace website at the following link:
http://marketplace.myflorida.com/vendor/vendor solicitation help.htm.
This site includes:
AMMUNmON AND OFFICERS' EQUIPMENT, ITB No. 1-680-050-0 Page 22 of 53
i. Solicitation User Guides
ii. On Demand web -based Sourcing training link
iii. WinZip FAQs
iv. Vendor FAQs
3.5.3 MyFloridaMarketPlace Sourcing Tool Tips
When working in the Sourcing Tool, be aware of the twenty (20) minute time-out
function in the Tool. This means that you should save your work (click the SAVE
button) at intervals of less than twenty (20) minutes to ensure your entries since you
last saved are not lost.
Please note that clicking the SAVE button within the Sourcing Tool only saves your
solicitation Responses. The SAVE button does not transmit your solicitation
Response to the State. In order to transmit your solicitation Response to the State,
you must click the SUBMIT button on the SUMMARY page of the solicitation
Response.
After clicking the SUBMIT button, it is the Respondent's responsibility to check any
submitted Response within the Sourcing Tool to verify that the Response is accurately
and completely captured within the Sourcing Tool. Respondents must do this while
there is sufficient time remaining in the solicitation period in the event you discover an
error and need to resubmit a revised Response.
To validate your Response, you should do the following before the solicitation period
ends:
• Go to the "My Bids / My Responses" tab within the Sourcing Tool after you
submitted your Response.
• Click on the Response ID number of your last submitted Response.
• Review entire Response to make sure all responses are complete,
accurate, and as you intended to submit.
• Minimum areas to check are:
• Text boxes — Is your entire answer viewable?
• Yes/No questions — Is the displayed answer correct?
• All uploaded document files — Can you open attached
document(s) and clearly view entire content? Does the content of
the file(s) match your Response within the Tool (e.g., not an
earlier version, incomplete copy, or working copy)?
• Pricing and Other Information — Are all Prices and other
information you intended to submit visible and accurately captured
within Sourcing Tool?
• Required Items - Are all items listed in the solicitation completed
as required within the Sourcing Tool?
DO NOT RELY ON THE MYFLORIDAMARKETPLACE SOURCING TOOL'S TIME
REMAINING CLOCK. THE OFFICIAL SOLICITATION CLOSING TIME SHALL BE
AS REFLECTED IN SECTION 1.2, TIMELINE. The response deadline(s) shall be
as reflected in Section 1.2, Timeline, of this solicitation. The MyFloridaMarketPlace
Sourcing Tool's time remaining clock is not the official submission date and time
AMMUNITION AND OFFICERS' EQUIPMENT, ITB No. 1-680-050-0 Page 23 of 53
deadline, it is intended only to approximate the solicitation closing and may require
periodic adjustments.
It is stronaly recommended to submit your bid as early as possible. You
should allow time to receive any requested assistance and to receive
verification of your submittal; waiting until the last hours of the solicitation
could impact the timely submittal of your bid.
3.5.4 MyFloridaMarketPlace and Vendor Bid System Email Notification
Vendors are reminded that the Sourcing Tools' Email Notifications are an option
provided as a courtesy. The State of Florida is not under any obligation and does
not guarantee that Vendors will receive Email Notifications concerning the posting,
amendment, or close of solicitations. Vendors are responsible for checking the
MyFloridaMarketPlace Sourcing Tool and the Vendor Bid System for
information and updates concerning solicitations.
3.5.5 CD Backup copy of MyFloridaMarketPlace Bid Response
A CD version of all bid data (Ammunition and Officers' Equipment pricing
spreadsheets, Balance of Line percentage discount offered (if applicable), product
specification details and all attachments that require prices, data, signatures and/or
any other vendor -supplied information) must be delivered and received by the
contact person identified in Section 3.1 no later than the date and time indicated in
Section 1.2 (Timeline). Please note that faxed or e-mailed responses will not be
accepted, and responses submitted other than via the MyFloridaMarketPlace
Sourcing Tool and/or delivered CD as described above will be deemed non-
responsive.
In the event that information in the MyFloridaMarketPlace and CD Backup copies do
not match, or if either response method is not received by the date and time
indicated in Section 1.2 (Timeline), the Department at its sole discretion may reject
the response, or accept the response that is more beneficial to State of Florida
customers. Again, the Sourcing Tool in MyFloridaMarketPlace is the primary bid
response system, and assistance with technical aspects of this system may be
obtained by contacting the help desk at (866) 352-3776, (866-FLA-EPRO).
Since data, prices and descriptive information in the CD Backup copy of the
MyFloridaMarketPlace response must exactly match the Sourcing Tool information, it
is strongly recommended that vendors copy the required information onto the CD
Backup, then upload the applicable files into MyFloridaMarketPlace from this CD.
This process will have two benefits; greatly reducing the chances of submitting
conflicting or missing data, prices and descriptive information in either response
format, and by ensuring an on-time response since the CD Backup must be sent or
hand -delivered in time to meet the bidding deadline.
3.6 Amendments or Addendums to the Solicitation Documents
AMMUNrION AND OFFICERS' EQUIPMENT, RB No. 1-680-050-0 Page 24 of 53
The Department reserves the right to issue Amendments or Addendums to the
solicitation. Notice of any Amendment or Addendum will be posted within
MyFloridaMarketPlace and/or the Vendor Bid System. Such notice, if required, will
contain the appropriate details for identifying and reviewing the formal notices and/or
changes to the solicitation. Each Vendor is responsible for monitoring the
MyFloridaMarketPlace Sourcing Tool and the Vendor Bid System sites for new or
changing information concerning the solicitation.
3.7 Estimated Quantities
To assist Respondents in the solicitation process, average estimated annual historical
spend information is provided. Spend information is based on FY 05/06, 06/07 and
07/08 data. This figure shall not be construed as commitments.
• Estimated Annual Spend: $20 Million ($20M USD)
The above figure reflects estimated annual spend generated by Eligible Users of past
contracts for similar Commodities and/or contractual services and is not a commitment.
Additional estimations of usage, quantity and/or other estimates may be provided by the
Department in the solicitation documents. The figures provided are to assist
Respondents in the solicitation process and/or to assist the Department in evaluating,
measuring, and/or scoring Responses to the solicitation and shall not be construed as
commitments.
3.8 Products and Approved Equivalents
Unless otherwise specified, products listed in the solicitation documents are descriptive,
not restrictive. To that end, vendors are encouraged to offer additional Ammunition and
Officers' Equipment products that meet or exceed the requirements, specifications,
terms, and conditions of the solicitation, and are approved by the Department as
equivalents to Ammunition/Officers' Equipment products listed in the solicitation
documents and currently available on the existing State Term Contracts.
It is the intent of this solicitation that items currently available on the two existing State
Term Contracts, Ammunition, Handcuffs, Targets, Pepper Spray and Less -Lethal
Munitions, State Term Contract # 680-050-07-1,
http://dms.myfiorida.com/business operations/state purchasing/vendor information/stat
e contracts agreements and price lists/state term contracts/ammunition handcuffs t
argets pepper spray less lethal munitions and Officers' Equipment, State Term
Contract # 680-650-05-1,
hftp://dms.myflorida.com/business operations/state purchasing/vendor information/stat
e contracts agreements and price lists/state term contracts/officers equipment are
available for State of Florida customers as a seamless transition from these existing
contracts. To this end, vendors should examine these contracts and the currently -
available products. Products offered that meet or exceed the performance of currently -
available products will be considered for award. Please submit these products using the
spreadsheets (Ammunition and Non -Ammo Products) located in the "Items" tab within
the MyFloridaMarketPlace Sourcing Tool.
AMMUNITION AND OFFICERS' EQUIPMENT, ITB No. 1 -680-050-0 Page 25 of 53
This section references and acknowledges the many local jurisdictional customers (i.e.,
Florida cities, counties, universities, water management districts, etc.) that are major
users of this contract. The needs of these customers will be well -served by a
competitive offer and potential award of items in this category that are not currently
available on the existing State Term Contracts. The final determination of what
products are considered to be in this category, their suitability for use and status
as an Approved Equivalent is at the sole discretion of the Department, using the
advice of Eligible Users. Vendors submitting products as approved equivalents
will clearly identify these products, the currently -listed products that they will
replace or augment, and supporting literature or other documentation that
demonstrates that the offered product meets or exceeds the requirements,
specifications, terms, and conditions of the original product.
For the purposes of this solicitation, the term "Core Products" refer to the most frequently
purchased items from both current (Ammunition and Officers' Equipment) State Term
Contracts. These products consist of Core (originally solicited) products evaluated and
awarded on the previous solicitations, along with products added during the term of
these contracts at the request of eligible user customers. Links to these contracts and
the products listed may be found at the following links, and by clicking on the applicable
Price Sheets for each listed contractor:
Ammunition, Targets, Handcuffs, Pepper Spray and Less Lethal Munitions:
hfti):Hdms.mvflorida.com/business operations/state_ purchasing/vendor information/stat
e contracts agreements and price lists/state term contracts/ammunition handcuffs t
argets pepper spray less lethal munitions
Officers' Equipment, (Includes Officers' Equipment, Firearms, Shoes and Boots,
Leather Goods and Badges and Insignia lots):
htti):Hdms.mvflorida.com/business operations/state purchasing/vendor information/stat
e contracts agreements and price lists/state term contracts/officers equipment
"Balance of Line" participation is optional„ and refers to the ability to sell Ammunition
and Officers' Equipment products not awarded as Core products during the ITB
evaluation process. There are four criteria required for Balance of Line award
consideration:
• The product must be in the scope of the contract, i.e., an Ammunition and/or
Officers' Equipment product.
• The product cannot be listed as a Core product with specific pricing awarded to
any contractor on the resulting contract.
• The contractor offering Balance of Line product(s) must have been awarded one
or more Core products during the evaluation and award phases of this Invitation
to Bid, and must be in good standing with the State of Florida in other areas of
this or any other State Term Contract(s) they are associated with.
• A contractor offering Balance of Line products must submit a firm percentage
amount (greater than 25% ofd discount from the prevailing MSRP price. This
percentage discount will not be decreased during the lifetime of the contract,
including any renewal periods if applicable. This Balance of Line Discount will be
AMMUNITION AND Omcros' EQUIPMENT, ITB No. 1-680-050-0 Page 26 of 53
entered as a question requiring a numeric answer in the MyFloridaMarketPlace
Sourcing Tool
The Department, at its sole discretion may accept or reject all Core and/or Balance of Line
products, prices and percentage discounts. Likewise, vendors are not required to offer a
Balance -of -Line discount percentage. If they do not, the only method to add products after
the contract award is addressed in Section 5.5, Product Additions/Deletions. These
requested additions and deletions must be in the best interests of the State of Florida,
and/or at the request of a customer. This is generally interpreted that the new or
replacement product(s) must fit the category (Ammunition and/or Officers' Equipment),
and a customer of the contract indicates in writing that this(ese) added product(s) are
essential to their mission and operations. Complete details for the replaced or added
product(s), (Manufacturer's SKU or product number, product description and
specifications, MSRP pricing, discount percentage offered to State of Florida customers off
of the MSRP and the net price to State of Florida customers) must be included, and the
Department at its sole discretion may accept or deny this request. New products may be
considered for addition to the contract. Requests may be submitted to State
Purchasing, with the State reserving the right to add or delete products. All
requests for new product additions must include the following:
• Written or e-mailed request by the Eligible User for the product
• Manufacturer's current Price List in compact disk (CD) format
• Literature, description and State of Florida discounted price of the product
requested, within the scope of the contract
For most non -repetitive, non-core product purchases, the Balance of Line option is
the best method to add products fitting this description.
This Section, 3.8, supersedes and replaces Section 2.10, Manufacturer's Name and
Approved Equivalents and modifies Section 5.5, Product Additions / Deletions.
3.9 Submittal of Response
3.9.1 Submittal of Offer
Respondents will submit their offers via the MyFloridaMarketPlace Sourcing Tool
(https://sourcing.mAo(damarketplace.com/). (See also Section 3.5.5, CD Backup
copy of MyFloridaMarketPlace Bid Response.) The Response shall include all
appropriate pricing, documents, forms, files, question responses, and information
responses located within the MyFloridaMarketPlace Sourcing Tool for the solicitation:
All required or requested pricing, documents, forms, files, question responses, and
information responses will be entered electronically in the MyFloridaMarketPlace
Sourcing Tool during this solicitation as indicated. If no indication for submission is
provided for required or requested documents or files, or if instructions to mail a
specific document, form, or file are provided, then those specific documents, forms,
or files only shall be mailed to the attention of the Contact Person in Section 3.1 of
the solicitation.
The outer packaging of mailed documents shall clearly state: Solicitation Title,
Number (ITB No. 1-680-050-0), Ammunition and Officers' Equipment), and the
Solicitation Responses Due Date and Time from the Timeline in Section 1.2 of the
AMMUNITION AND OFFICERS' EQUIPMENT, ITB No. 1-680-050-0 Page 27 of 53
solicitation. Failure to provide all required information within the solicitation
Response will result in reiection of the Response.
In the event the Respondent submits more than one Response in the
MyFloridaMarketPlace Sourcing Tool, only the last Response received by the system
shall be considered for award. Previous Responses will not be visible to the State of
Florida. Responses (other than document, file, or form submissions indicated by the
solicitation to be mailed) not submitted within the MyFloridaMarketPlace Sourcing
Tool shall be rejected. The System will require Respondents to review the
Solicitation Preparation Checklist (Attachment B) and confirm that they have
completed all required activities before receiving the offer. The Solicitation
Preparation Checklist does not relieve the Respondent of responsibility for ensuring
that all requirements of the solicitation are included with the solicitation Response.
The Solicitation Preparation Checklist does not have to be provided with the
Response.
Each Respondent is responsible for ensuring that their offer is accurately and
completely submitted before the Solicitation Responses Due Date and Time noted
on the Timeline in Section 1.2 of the solicitation. The Department shall not consider
late offers and the System will NOT accept offers after the Solicitation Responses
Due Date and Time specified in the Timeline. The Response must be accurate,
complete, and submitted in the MvFloridaMarketplace Sourcina Tool, or as
otherwise provided in the solicitation documents, by the date and time
specified on the Timeline or the Response shall be deemed non-responsive.
3.9.2 Price Sheet Responses
Price Sheet Responses will be submitted in the locations and formats provided in the
Price Sheets, Attachment A, as described or referenced within this Section, 3.9.2.
The Price Sheets, Attachment A, are contained within two (2) separate Microsoft
ExcelTM workbooks. These spreadsheets are titled "Ammunition — Core Products",
and "Officers' Equipment — Core Products". These constitute the current State
Contract categories of Ammunition, Handcuffs, Targets, Pepper Spray (O.C.), Less -
Lethal Munitions, Badges and Insignia, Leather Goods, Firearms, Shoes and Boots
and miscellaneous Officers' Equipment products.
All Prices will be in U.S. Dollars, whole ($USD; e.g., $99,999); all Discounts shall be
a Percentage to the one-hundredth decimal place (%; e.g., 99.99%); and all Dates
will be in full standard numerical format (e.g., MM/DD/YYYY). The Respondent shall
include in the Price for each Commodity offered: any profit, administrative charges,
environmental fees, handling charges, shipping charges, Delivery charges to any
point within the State of Florida, warranty charges, and any other charges or fees
necessary to deliver the product according to the requirements, specifications, terms,
and conditions, exclusive of taxes.
The Respondent agrees and confirms that the Prices offered for each product do not
exceed the MSRP for the respective product. To verify that Prices are below MSRP,
the Respondent agrees to provide current MSRP documentation to the Department,
in their ITB response, along with any price or product change requests, and at any
AMMUNITION AND OFFICERS' EQUIPMENT, ITB No. 1-680-050-0 Page 28 of 53
other time as requested by the Department (including the original and any renewal
Contract terms).
The Respondent may offer only the product(s) available that meet or exceed the
solicitation's requirements, specifications, terms, and conditions. Should a
Respondent submit a Response containing a product that does not meet or exceed
the solicitation's requirements, specifications, terms, and conditions, that offer will be
disqualified as non-responsive. The Department in its sole discretion shall determine
the acceptability of a Commodity or contractual service offered.
The Price Sheets, (Attachment A), will be submitted to the Department electronically
using the MyFloridaMarketPlace Sourcing Tool, per Section 3.9.1 of the solicitation.
Failure to properly submit or provide a compliant Price Sheet with the Response shall
result in the Respondent being deemed non-responsive.
3.9.3 Alternate Responses
Respondent may not submit more than one offer for each listed Ammunition or
Officers' Equipment product. Additional, optional equipment that supports the
primary product must be clearly identified in your response as (a) line item(s), listed
directly under the row where the primary product is identified.
3.9.4 Savings/Price Reductions
Respondent shall submit one (1) accurately completed Savings/Price Reductions
form (Attachment D) with their Response containing the required savings information
for each Commodity offered and a method for the Department to verify the savings
information provided. The Savings/Price Reductions form shall be mailed to the
Department per Section 3.9.1 of the solicitation. Failure to provide the Savings/Price
Reductions form with the Response may result in the Respondent being deemed
non-responsive.
3.9.5 Ordering Instructions
Respondent shall submit one (1) completed Ordering Instructions form (Attachment
C) with their Response identifying persons responsible for answering questions
about the Response and administering the Contract, if awarded, and shall provide
information necessary for placing orders under the Contract, if awarded. The
Ordering Instructions form will be submitted with the, Price Sheets and other required
attachments, to the Department electronically using the MyFloridaMarketPlace
Sourcing Tool, per Section 3.9.1 of the solicitation. Failure to provide the Ordering
Instructions form with the Response will result in the Respondent being deemed non-
responsive.
3.9.6 Contract Signature Page
Resioondent shall submit one (1) completed original Contract Signature Page
(Attachment E) with their Response by mail to the Department per Section 3.9.1 of
the solicitation. Failure to provide the Contract Signature Page with the
Response may result in the Respondent being deemed non-responsive.
AMMUN ON AND OFFICERS' EQUIPMENT, ITB No. 1-680-050-0 Page 29 of 53
Note: The submission of the Contract Signature Page does not signify, imply,
or guarantee award of a Contract, but may be used if the Respondent is
awarded a Contract per Basis for Award. Section 3.11 of the solicitation.
3.10 Evaluation Criteria
The Department shall evaluate eligible responsive offers. Responses that do not meet
all requirements of the solicitation or fail to provide all required information, documents,
or materials may be rejected as non-responsive. Respondents who's Responses, past
performance, or current status do not reflect the capability, integrity, or reliability to fully
and in good faith perform the requirements of a Contract may be rejected as non -
responsible. The Department reserves the right to determine which Responses meet
the requirements of this solicitation, and which Respondents are responsive and
responsible.
3.11 Basis for Award
The Department shall make a single award statewide to the lowest Priced responsive
and responsible Respondent by Manufacturer's product, product lot (see description
below) or a combination of these methods. If more than one (1) Respondent offers the
same Manufacturer's product, only the lowest offer shall be considered for award for that
Manufacturer's product.
The Department reserves the right to make awards as determined to be in the best
interest of the State of Florida, and to accept or reject any and all offers, or separable
portions, and to waive any minor irregularity, technicality, or omission if the Department
determines that doing so will serve the State of Florida's best interest.
Products offered for evaluation will be grouped into lots under the categories of
Ammunition, Handcuffs, Targets, Pepper Spray (O.C.), Less -Lethal Munitions, Badges
and Insignia, Leather Goods, Firearms, Shoes and Boots and miscellaneous Officers'
Equipment products. Contract award will be made to the lowest -priced responsive and
responsible vendor that offers products by lot, by individual Manufacturer's product or a
combination of these methods.
3.12 State Obiectives
Within thirty (30) calendar days following award of the Contract, if awarded, successful
Respondents shall submit plans addressing each of the State's objectives listed below,
to the extent applicable to the items/services covered by this solicitation.
3.12.1 Diversity
Florida is a state rich in its diversity and is dedicated to fostering the continued
development and economic growth of small, minority, and women -owned
businesses. Participation of a diverse group of Respondents doing business with the
State is central to this effort. To this end, it is vital that small, minority, and women -
owned business enterprises participate in the State's procurement process as both
prime Contractors and Subcontractors under prime Contracts. Small, minority, and
women -owned businesses are strongly encouraged to submit replies to this
solicitation.
AMMUNrrnN AND OFFICERS' EQUIPMENT, ITB No. 1-680-050-0 Page 30 of 53
The Contractor shall submit documentation addressing Diversity and describing the
efforts being made to encourage the participation of small, minority, and women -
owned businesses.
Information on Certified Minority Business Enterprises (CMBE) is available from the
Office of Supplier Diversity at:
http://dms.mvflorida.com/other programs/office of supplier diversity osd/.
3.12.2 Environmental Considerations
The State supports and encourages initiatives to protect and preserve our
environment. The Contractor shall submit as part of any response the Contractor's
plan to support the procurement of products and materials with recycled content, and
the intent of Section 287.045, Florida Statutes, The Contractor shall also provide a
plan for reducing and or handling of any hazardous waste generated by Contractor's
company. Reference Rule 62-730.160, Florida Administrative Code. It is a
requirement of the Florida Department of Environmental Protection that a generator
of hazardous waste materials that exceeds a certain threshold must have a valid and
current Hazardous Waste Generator Identification Number. This identification
number shall be submitted as part of Contractor's explanation of its company's
hazardous waste plan and shall explain in detail its handling and disposal of this
waste.
3.12.3 Certification of Drug -Free Workplace Program
The State supports and encourages initiatives to keep the workplaces of Florida's
Suppliers and Contractors drug free. Section 287.087 of the Florida Statutes
provides that, where identical tie responses are received, preference shall be given
to a response received from a Respondent that certifies it has implemented a drug-
free workforce program. If applicable, Respondent shall certify that the Respondent
has a drug-free workplace program using the Certification of Drug -Free Workplace
form included in Attachment F of the solicitation. The Contractor shall describe how
it will address the implementation of a drug free workplace in offering the items of the
solicitation.
3.12.4 Products Available from the Blind or Other Handicapped (RESPECT)
The State supports and encourages the gainful employment of citizens with
disabilities. It is expressly understood and agreed that any articles that are the
subject of, or required to carry out, this Contract shall be purchased from a nonprofit
agency for the blind or for the severely handicapped that is qualified pursuant to
Chapter 413, Florida Statutes, in the same manner and under the same procedures
set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this
Contract the person, firm, or other business entity carrying out the provisions of this
Contract shall be deemed to be substituted for the state agency insofar as dealings
with such qualified nonprofit agency are concerned. Additional information about the
designated nonprofit agency and the products it offers is available at
http://www. respectofflorida.orq.
AMMUNITION AND OFFICERS' EQUIPMENT, ITB No. 1-680-050-0 Page 31 of 53
The Contractor shall describe how it will address the use of RESPECT in
offering the items of the solicitation.
3.12.5 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE)
The State supports and encourages the use of Florida correctional work programs. It
is expressly understood and agreed that any articles which are the subject of, or
required to carry out, this Contract shall be purchased from the corporation identified
under Chapter 946, F.S., in the same manner and under the same procedures set
forth in Section 946.515(2), and (4), F.S.; and for purposes of this contract the
person, firm, or other business entity carrying out the provisions of this Contract shall
be deemed to be substituted for this agency insofar as dealings with such
corporation are concerned. Additional information about PRIDE and the products it
offers is available at http://www.pridefl.com.
The Contractor shall describe how it will address the use of PRIDE in offering
the items of the solicitation.
3.12.6 State of Florida Mentor Protege Program
The State of Florida is committed to supporting its diverse business industry and
population through ensuring participation by minority- and women -owned business
enterprises in the economic life of the state. The State of Florida Mentor Protege
Program connects minority- and women -owned businesses with private corporations
for business development mentoring. We strongly encourage firms doing business
with the State of Florida to consider this initiative. For more information on the
Mentor Protege Program, please contact the Office of Supplier Diversity at (850)
487-0915.
3.13 Lobbying
The Respondent shall not lobby the legislative, judicial or executive branches, or any
State Agency on any aspect of the Contract during the procurement process (i.e. from
time Contract is advertised to execution of a Contract) associated with the Contract.
Violation of this restriction can be cause for disqualification from the procurement
process.
In accordance with Section 216.347, Florida Statutes, and as provided herein, the
Contractor may not expend any State funds for the purpose of lobbying the legislature,
the judicial branch, the executive branch, or any State Agency.
[The Remainder of this Page is Intentionally Left Blank (Other than Footer Information)]
AMMUNITION AND OFFICERS' EQUIPMENT, ITB No. 1-680-050-0 Page 32 of 53
SECTION 4.0
GENERAL CONTRACT CONDITIONS (PUR 1000)
CONTENTS
4.1 DEFINITIONS.
4.2 PURCHASE ORDERS.
4.3 PRODUCT VERSION.
4.4 PRICE CHANGES APPLICABLE ONLY TO TERM CONTRACTS.
4.5 ADDITIONAL QUANTITIES.
4.6 PACKAGING.
4.7 MANUFACTURER'S NAME AND APPROVED EQUIVALENTS.
4.8 INSPECTION AT CONTRACTOR'S SITE.
4.9 SAFETY STANDARDS.
4.10 AMERICANS WITH DISABILITIES ACT.
4.11 LITERATURE.
4.12 TRANSPORTATION AND DELIVERY.
4.13 INSTALLATION.
4.14 RISK OF Loss.
4.15 TRANSACTION FEE.
4.16 INVOICING AND PAYMENT.
4.17 TAXES.
4.18 GOVERNMENTAL RESTRICTIONS.
4.19 LOBBYING AND INTEGRITY.
4.20 INDEMNIFICATION.
4.21 LIMITATION OF LIABILITY.
4.22 SUSPENSION OF WORK.
4.23 TERMINATION FOR CONVENIENCE.
4.24 TERMINATION FOR CAUSE.
4.25 FORCE MA.IEURE, NOTICE OF DELAY, AND NO DAMAGES FOR DELAY.
4.26 SCOPE CHANGES.
4.27 RENEWAL.
4.28 ADVERTISING.
4.29 ASSIGNMENT.
4.30 DISPUTE RESOLUTION.
4.31 EMPLOYEES, SUBCONTRACTORS, AND AGENTS.
4.32 SECURITY AND CONFIDENTIALITY.
4.33 INDEPENDENT CONTRACTOR STATUS OF CONTRACTOR.
4.34 INSURANCE REQUIREMENTS.
4.35 WARRANTY OF AUTHORITY.
4.36 WARRANTY OF ABILITY TO PERFORM.
4.37 NOTICES.
4.38 LEASES AND INSTALLMENT PURCHASES.
4.39 PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC. (PRIDE).
4.40 PRODUCTS AVAILABLE FROM THE BLIND OR OTHER HANDICAPPED.
4.41 MODIFICATION OF TERMS.
4.42 COOPERATIVE PURCHASING.
4.43 WAIVER.
4.44 ANNUAL APPROPRIATIONS.
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4.45 EXECUTION IN COUNTERPARTS.
4.46 SEVERABILITY.
4.47 SPECIAL CONDITIONS.
4.1 Definitions
The definitions contained in s. 60A-1.001, F.A.C. shall apply to this agreement. The following
additional terms are also defined:
a. "Contract" means the legally enforceable agreement that results from a successful
solicitation. The parties to the Contract will be the Customer and Contractor.
b. "Customer" means the State agency or other entity that will order products directly from the
Contractor under the Contract.
c. "Product" means any deliverable under the Contract, which may include commodities,
services, technology or software.
d. "Purchase order" means the form or format a Customer uses to make a purchase under the
Contract (e.g., a formal written purchase order, electronic purchase order, procurement
card, or other authorized means).
4.2 Purchase Orders
A Contractor shall not deliver or furnish products until a Customer transmits a purchase order.
All purchase orders shall bear the Contract or solicitation number, shall be placed by the
Customer directly with the Contractor, and shall be deemed to incorporate by reference the
Contract and solicitation terms and conditions. Any discrepancy between the Contract terms
and the terms stated on the Contractor's order form, confirmation, or acknowledgement shall be
resolved in favor of terms most favorable to the Customer. A purchase order for services within
the ambit of section 287.058(1) of the Florida Statutes shall be deemed to incorporate by
reference the requirements of subparagraphs (a) through (f) thereof. Customers shall designate
a contract manager and a contract administrator as required by subsections 287.057(15) and
(16) of the Florida Statutes.
4.3 Product Version
Purchase orders shall be deemed to reference a manufacturer's most recently release model or
version of the product at the time of the order, unless the Customer specifically requests in
writing an earlier model or version and the contractor is willing to provide such model or version.
4.4 Price Changes Applicable only to Term Contracts
If this is a term contract for commodities or services, the following provisions apply.
a. Quantity Discounts. Contractors are urged to offer additional discounts for one time delivery
of large single orders. Customers should seek to negotiate additional price concessions on
quantity purchases of any products offered under the Contract. State Customers shall
document their files accordingly.
AMMUNITION AND OFF1cERs' EQUIPMENT, ITB No. 1-680-050-0 Page 34 of 53
b. Best Pricing Offer. During the Contract term, if the Customer becomes aware of better
pricing offered by the Contractor for substantially the same or a smaller quantity of a product
outside the Contract, but upon the same or similar terms of the Contract, then at the
discretion of the Customer the price under the Contract shall be immediately reduced to the
lower price.
c. Sales Promotions. In addition to decreasing prices for the balance of the Contract term due
to a change in market conditions, a Contractor may conduct sales promotions involving price
reductions for a specified lesser period. A Contractor shall submit to the Contract Specialist
documentation identifying the proposed (1) starting and ending dates of the promotion, (2)
products involved, and (3) promotional prices compared to then -authorized prices.
Promotional prices shall be available to all Customers. Upon approval, the Contractor shall
provide conspicuous notice of the promotion.
Trade-in. Customers may trade-in equipment when making purchases from the Contract. A
trade-in shall be negotiated between the Customer and the Contractor. Customers are
obligated to actively seek current fair market value when trading equipment, and to keep
accurate records of the process. For State agencies, it may be necessary to provide
documentation to the Department of Financial Services and to the agency property
custodian pursuant to Chapter 273, F.S.
e. Equitable Adjustment, The Customer may, in its sole discretion, make an equitable
adjustment in the Contract terms or pricing if pricing or availability of supply is affected by
extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy
all the following criteria: (1) the volatility is due to causes wholly beyond the Contractor's
control, (2) the volatility affects the marketplace or industry, not just the particular Contract
source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the
volatility so affects the Contractor that continued performance of the Contract would result in
a substantial loss.
4.5 Additional Quantities
For a period not exceeding ninety (90) days from the date of solicitation award, the Customer
reserves the right to acquire additional quantities up to the amount shown on the solicitation but
not to exceed the threshold for Category Two at the prices submitted in the response to the
solicitation.
4.6 Packaging
Tangible product shall be securely and properly packed for shipment, storage, and stocking in
appropriate, clearly labeled, shipping containers and according to accepted commercial
practice, without extra charge for packing materials, cases, or other types of containers. All
containers and packaging shall become and remain Customer's property.
4.7 Manufacturer's Name and Approved Equivalents
Unless otherwise specified, any manufacturers' names, trade names, brand names, information
or catalog numbers listed in a specification are descriptive, not restrictive. With the Customer's
prior approval, the Contractor may provide any product that meets or exceeds the applicable
specifications. The Contractor shall demonstrate comparability, including appropriate catalog
AMMUNITION AND OFFIcERV EQUIPMENT, ITB No. 1-680-050-0 Page 35 of 53
materials, literature, specifications, test data, etc. The Customer shall determine in its sole
discretion whether a product is acceptable as an equivalent.
4.8 Inspection at Contractor's Site
The Customer reserves the right to inspect, at any reasonable time with prior notice, the
equipment or product or plant or other facilities of a Contractor to assess conformity with
Contract requirements and to determine whether they are adequate and suitable for proper and
effective Contract performance.
4.9 Safety Standards
All manufactured items and fabricated assemblies subject to operation under pressure,
operation by connection to an electric source, or operation involving connection to a
manufactured, natural, or LP gas source shall be constructed and approved in a manner
acceptable to the appropriate State inspector. Acceptability customarily requires, at a minimum,
identification marking of the appropriate safety standard organization, where such approvals of
listings have been established for the type of device offered and furnished, for example: the
American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories
and/or National Electrical Manufacturers' Association for electrically operated assemblies; and
the American Gas Association for gas -operated assemblies. In addition, all items furnished
shall meet all applicable requirements of the Occupational Safety and Health Act and state and
federal requirements relating to clean air and water pollution.
4.10 Americans with Disabilities Act
Contractors should identify any products that may be used or adapted for use by visually,
hearing, or other physically impaired individuals.
4.11 Literature
Upon request, the Contractor shall furnish literature reasonably related to the product offered,
for example, user manuals, price schedules, catalogs, descriptive brochures, etc.
4.12 Transportation and Delivery
Prices shall include all charges for packing, handling, freight, distribution, and inside delivery.
Transportation of goods shall be FOB Destination to any point within thirty (30) days after the
Customer places an Order. A Contractor, within five (5) days after receiving a purchase order,
shall notify the Customer of any potential delivery delays. Evidence of inability or intentional
delays shall be cause for Contract cancellation and Contractor suspension.
4.13 Installation
Where installation is required, Contractor shall be responsible for placing and installing the
product in the required locations at no additional charge, unless otherwise designated on the
purchase order. Contractor's authorized product and price list shall clearly and separately
identify any additional installation charges. All materials used in the installation shall be of good
quality and shall be free of defects that would diminish the appearance of the product or render
it structurally or operationally unsound. Installation includes the furnishing of any equipment,
rigging, and materials required to install or replace the product in the proper location.
AmmuNITION AND OFFICERS' EQUIPMENT, ITB No. 1-680-05D-0 Page 36 of 53
Contractor shall protect the site from damage and shall repair damages or injury caused during
installation by Contractor or its employees or agents. If any alteration, dismantling, excavation,
etc., is required to achieve installation, the Contractor shall promptly restore the structure or site
to its original condition. Contractor shall perform installation work so as to cause the least
inconvenience and interference with Customers and with proper consideration of others on site.
Upon completion of the installation, the location and surrounding area of work shall be left clean
and in a neat and unobstructed condition, with everything in satisfactory repair and order.
4.14 Risk of Loss
Matters of inspection and acceptance are addressed in s. 215.422, F.S. Until acceptance, risk
of loss or damage shall remain with the Contractor. The Contractor shall be responsible for
filing, processing, and collecting all damage claims. To assist the Contractor with damage
claims, the Customer shall: record any evidence of visible damage on all copies of the delivering
carrier's Bill of Lading; report damages to the carrier and the Contractor; and provide the
Contractor with a copy of the carrier's Bill of Lading and damage inspection report. When a
Customer rejects a product, Contractor shall remove it from the premises within ten days after
notification or rejection. Upon rejection notification, the risk of loss of rejected or non-
conforming product shall remain with the Contractor. Rejected product not removed by the
Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer
shall have the right to dispose of it as its own property. Contractor shall reimburse the
Customer for costs and expenses incurred in storing or effecting removal or disposition of
rejected product.
4.15 Transaction Fee
The State of Florida has instituted MyFloridaMarketPlace, a statewide eProcurement System
(System"). Pursuant to section 287.057(23), Florida Statutes (2002), all payments shall be
assessed a Transaction Fee of one percent (1.0%), which the Contractor shall pay to the State,
unless exempt pursuant to 60A-1.032, F.A.C.
For payments within the State accounting system (FLAIR or its successor), the Transaction Fee
shall, when possible, be automatically deducted from payments to the Contractor. if automatic
deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A-
1.031(2), F.A.C. By submission of these reports and corresponding payments, Contractor
certifies their correctness. All such reports and payments shall be subject to audit by the State
or its designee.
Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase
of any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of
the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an
item is rejected or returned, or declined, due to the Contractor's failure to perform or comply with
specifications or requirements of the agreement.
Failure to comply with these requirements shall constitute grounds for declaring the Contractor
in default and recovering re -procurement costs from the Contractor in addition to all outstanding
fees. CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES SHALL BE
EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH THE STATE.
4.16 Invoicing and Payment
AMMUNmON AND OFFICERS' EQUPMENT, ITB No. 1-680-050-0 Page 37 of 53
Invoices shall contain the Contract number, purchase order number, and the appropriate vendor
identification number. The State may require any other information from the Contractor that the
State deems necessary to verify any purchase order placed under the Contract.
At the State's option, Contractors may be required to invoice electronically pursuant to
guidelines of the Department of Management Services. Current guidelines require that
Contractor supply electronic invoices in lieu of paper-based invoices for those transactions
processed through the system. Electronic invoices shall be submitted to the Customer through
the Ariba Supplier Network (ASN) in one of the following mechanisms — EDI 810, cXML, or web -
based invoice entry within the ASN.
Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida
Statutes, which govern time limits for payment of invoices. Invoices that must be returned to a
Contractor due to preparation errors will result in a delay in payment. Contractors may call
(850) 413-7269 Monday through Friday to inquire about the status of payments by State
Agencies. The Customer is responsible for all payments under the Contract. A Customer's
failure to pay, or delay in payment, shall not constitute a breach of the Contract and shall not
relieve the Contractor of its obligations to the Department or to other Customers.
4.17 Taxes
The State does not pay Federal excise or sales taxes on direct purchases of tangible personal
property. The State will not pay for any personal property taxes levied on the Contractor or for
any taxes levied on employees' wages. Any exceptions to this paragraph shall be explicitly
noted by the Customer on a purchase order or other special contract condition.
4.18 Governmental Restrictions
If the Contractor believes that any governmental restrictions have been imposed that require
alteration of the material, quality, workmanship or performance of the products offered under the
Contract, the Contractor shall immediately notify the Customer in writing, indicating the specific
restriction. The Customer reserves the right and the complete discretion to accept any such
alteration or to cancel the Contract at no further expense to the Customer.
4.19 Lobbying and Integrity
Customers shall ensure compliance with Section 11.062, FS and Section 216.347, FS. The
Contractor shall not, in connection with this or any other agreement with the State, directly or
indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone_ as consideration
for any State officer or employee's decision, opinion, recommendation, vote, other exercise of
discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any
gratuity for the benefit of, or at the direction or request of, any State officer or employee. For
purposes of clause (2), "gratuity" means any payment of more than nominal monetary value in
the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances,
deposits of money, services, employment, or contracts of any kind. Upon request of the
Customer's Inspector General, or other authorized State official, the Contractor shall provide
any type of information the Inspector General deems relevant to the Contractor's integrity or
responsibility. Such information may include, but shall not be limited to, the Contractor's
business or financial records, documents, or files of any type or form that refer to or relate to the
Contract. The Contractor shall retain such records for the longer of (1) three years after the
expiration of the Contract or (2) the period required by the General Records Schedules
AMMUNITION AND OFFICERS' EQUIPMENT, RB No. 1-680-050-0 Page 38 of 53
maintained by the Florida Department of State (available at:
htto://dlis.dos.state.fl.us/barm/genschedules/gensched.htm). The Contractor agrees to
reimburse the State for the reasonable costs of investigation incurred by the Inspector General
or other authorized State official for investigations of the Contractor's compliance with the terms
of this or any other agreement between the Contractor and the State which results in the
suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to:
salaries of investigators, including overtime; travel and lodging expenses; and expert witness
and documentary fees. The Contractor shall not be responsible for any costs of investigations
that do not result in the Contractor's suspension or debarment.
4.20 Indemnification
The Contractor shall be fully liable for the actions of its agents, employees, partners, or
subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers,
and their officers, agents, and employees, from suits, actions, damages, and costs of every
name and description, including attorneys' fees, arising from or relating to personal injury and
damage to real or personal tangible property alleged to be caused in whole or in part by
Contractor, its agents, employees, partners, or subcontractors, provided, however, that the
Contractor shall not indemnify for that portion of any loss or damages proximately caused by the
negligent act or omission of the State or a Customer.
Further, the Contractor shall fully indemnify, defend, and hold harmless the State and
Customers from any suits, actions, damages, and costs of every name and description,
including attorneys' fees, arising from or relating to violation or infringement of a trademark,
copyright, patent, trade secret or intellectual property right, provided, however, that the
foregoing obligation shall not apply to a Customer's misuse or modification of Contractor's
products or a Customer's operation or use of Contractor's products in a manner not
contemplated by the Contract or the purchase order. If any product is the subject of an
infringement suit, or in the Contractor's opinion is likely to become the subject of such a suit, the
Contractor may at its sole expense procure for the Customer the right to continue using the
product or to modify it to become non -infringing. If the Contractor is not reasonably able to
modify or otherwise secure the Customer the right to continue using the product, the Contractor
shall remove the product and refund the Customer the amounts paid in excess of a reasonable
rental for past use. The customer shall not be liable for any royalties.
The Contractor's obligations under the preceding two paragraphs with respect to any legal
action are contingent upon the State or Customer giving the Contractor (1) written notice of any
action or threatened action, (2) the opportunity to take over and settle or defend any such action
at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole
expense. The Contractor shall not be liable for any cost, expense, or compromise incurred or
made by the State or Customer in any legal action without the Contractor's prior written consent,
which shall not be unreasonably withheld.
4.21 Limitation of Liability
For all claims against the Contractor under any individual purchase order, and regardless of the
basis on which the claim is made, the Contractor's liability under a purchase order for direct
damages shall be limited to the greater of $100,000, the dollar amount of the purchase order, or
two times the charges rendered by the Contractor under the purchase order. This limitation
shall not apply to claims arising under the Indemnity paragraph contain in this agreement.
AMMUNITION AND OFFICERS' EQUIPMENT, RB No. 1-680-050-0 Page 39 of 53
Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall
be liable to another for special, indirect, punitive, or consequential damages, including lost data
or records (unless the purchase order requires the Contractor to back-up data or records), even
if the party has been advised that such damages are possible. No party shall be liable for lost
profits, lost revenue, or lost institutional operating savings. The State and Customer may, in
addition to other remedies available to them at law or equity and upon notice to the Contractor,
retain such monies from amounts due Contractor as may be necessary to satisfy any claim for
damages, penalties, costs and the like asserted by or against them. The State may set off any
liability or other obligation of the Contractor or its affiliates to the State against any payments
due the Contractor under any contract with the State.
4.22 Suspension of Work
The Customer may in its sole discretion suspend any or all activities under the Contract, at any
time, when in the best interests of the State to do so. The Customer shall provide the
Contractor written notice outlining the particulars of suspension. Examples of the reason for
suspension include, but are not limited to, budgetary constraints, declaration of emergency, or
other such circumstances. After receiving a suspension notice, the Contractor shall comply with
the notice and shall not accept any purchase orders. Within ninety days, or any longer period
agreed to by the Contractor, the Customer shall either (1) issue a notice authorizing resumption
of work, at which time activity shall resume, or (2) terminate the Contract. Suspension of work
shall not entitle the Contractor to any additional compensation.
4.23 Termination for Convenience
The Customer, by written notice to the Contractor, may terminate the Contract in whole or in
part when the Customer determines in its sole discretion that it is in the State's interest to do so.
The Contractor shall not furnish any product after it receives the notice of termination, except as
necessary to complete the continued portion of the Contract, if any. The Contractor shall not be
entitled to recover any cancellation charges or lost profits.
4.24 Termination for Cause
The Customer may terminate the Contract if the Contractor fails to (1) deliver the product within
the time specified in the Contract or any extension, (2) maintain adequate progress, thus
endangering performance of the Contract, (3) honor any term of the Contract, or (4) abide by
any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the
procedure and consequences of default. The Contractor shall continue work on any work not
terminated. Except for defaults of subcontractors at any tier, the Contractor shall not be liable
for any excess costs if the failure to perform the Contract arises from events completely beyond
the control, and without the fault or negligence, of the Contractor. If the failure to perform is
caused by the default of a subcontractor at any tier, and if the cause of the default is completely
beyond the control of both the Contractor and the subcontractor, and without the fault or
negligence of either, the Contractor shall not be liable for any excess costs for failure to perform,
unless the subcontracted products were obtainable from other sources in sufficient time for the
Contractor to meet the required delivery schedule. If, after termination, it is determined that the
Contractor was not in default, or that the default was excusable, the rights and obligations of the
parties shall be the same as if the termination had been issued for the convenience of the
Customer. The rights and remedies of the Customer in this clause are in addition to any other
rights and remedies provided by law or under the Contract.
AMMUNITION AND OFFICERS'EQUIPMENT, ITB No. 1-680-050-0 Page 40 of 53
4.25 Force Majeure, Notice of Delay, and No Damages for Delay
The Contractor shall not be responsible for delay resulting from its failure to perform if neither
the fault nor the negligence of the Contractor or its employees or agents contributed to the delay
and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods,
or other similar cause wholly beyond the Contractor's control, or for any of the foregoing that
affect subcontractors or suppliers if no alternate source of supply is available to the Contractor.
In case of any delay the Contractor believes is excusable, the Contractor shall notify the
Customer in writing of the delay or potential delay and describe the cause of the delay either (1)
within ten (10) days after the cause that creates or will create the delay first arose, if the
Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not
reasonably foreseeable, within five (5) days after the date the Contractor first had reason to
believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE
CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing
notice in strict accordance with this paragraph is a condition precedent to such remedy. No
claim for damages, other than for an extension of time, shall be asserted against the Customer.
The Contractor shall not be entitled to an increase in the Contract price or payment of any kind
from the Customer for direct, indirect, consequential, impact or other costs, expenses or
damages, including but not limited to costs of acceleration or inefficiency, arising because of
delay, disruption, interference, or hindrance from any cause whatsoever. If performance is
suspended or delayed, in whole or in part, due to any of the causes described in this paragraph,
after the causes have ceased to exist the Contractor shall perform at no increased cost, unless
the Customer determines, in its sole discretion, that the delay will significantly impair the value
of the Contract to the State or to Customers, in which case the Customer may (1) accept
allocated performance or deliveries from the Contractor, provided that the Contractor grants
preferential treatment to Customers with respect to products subjected to allocation, or (2)
purchase from other sources (without recourse to and by the Contractor for the related costs
and expenses) to replace all or part of the products that are the subject of the delay, which
purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole
or in part.
4.26 Scope Changes
The Customer may unilaterally require, by written order, changes altering, adding to, or
deducting from the Contract specifications, provided that such changes are within the general
scope of the Contract. The Customer may make an equitable adjustment in the Contract price
or delivery date if the change affects the cost or time of performance. Such equitable
adjustments require the written consent of the Contractor, which shall not be unreasonably
withheld. If unusual quantity requirements arise, the Customer may solicit separate bids to
satisfy them.
4.27 Renewal
Upon mutual agreement, the Customer and the Contractor may renew the Contract, in whole or
in part, for a period that may not exceed 3 years or the term of the contract, whichever period is
longer. Any renewal shall specify the renewal price, as set forth in the solicitation response. The
renewal must be in writing and signed by both parties, and is contingent upon satisfactory
performance evaluations and subject to availability of funds.
4.28 Advertising
AMMUNITION AND OFFICERS' EQUIPMENT, ITB No. 1-680-050-0 Page 41 of 53
Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any
information concerning the Contract without prior written approval from the Customer, including,
but not limited to mentioning the Contract in a press release or other promotional material,
identifying the Customer or the State as a reference, or otherwise linking the Contractor's name
and either a description of the Contract or the name of the State or the Customer in any material
published, either in print or electronically, to any entity that is not a party to Contract, except
potential or actual authorized distributors, dealers, resellers, or service representative.
4.29 Assignment
The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the
Contract, or under any purchase order issued pursuant to the Contract, without the prior written
consent of the Customer; provided, the Contractor assigns to the State any and all claims it has
with respect to the Contract under the antitrust laws of the United States and the State. In the
event of any assignment, the Contractor remains secondarily liable for performance of the
contract, unless the Customer expressly waives such secondary liability. The Customer may
assign the Contract with prior written notice to Contractor of its intent to do so.
4.30 Dispute Resolution
Any dispute concerning performance of the Contract shall be decided by the Customer's
designated contract manager, who shall reduce the decision to writing and serve a copy on the
Contractor. The decision shall be final and conclusive unless within ten (10) days from the date
of receipt, the Contractor files with the Customer a petition for administrative hearing. The
Customer's decision on the petition shall be final, subject to the Contractor's right to review
pursuant to Chapter 120 of the Florida Statutes. Exhaustion of administrative remedies is an
absolute condition precedent to the Contractor's ability to pursue any other form of dispute
resolution; provided, however, that the parties may employ the alternative dispute resolution
procedures outlined in Chapter 120.
Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises
out of or relates to the Contract shall be the appropriate state court in Leon County, Florida; in
any such action, Florida law shall apply and the parties waive any right to jury trial.
4.31 Employees, Subcontractors, and Agents
All Contractor employees, subcontractors, or agents performing work under the Contract shall
be properly trained technicians who meet or exceed any specified training qualifications. Upon
request, Contractor shall furnish a copy of technical certification or other proof of qualification.
All employees, subcontractors, or agents performing work under the Contract must comply with
all security and administrative requirements of the Customer. The State may conduct, and the
Contractor shall cooperate in, a security background check or otherwise assess any employee,
subcontractor, or agent furnished by the Contractor. The State may refuse access to, or require
replacement of, any personnel for cause, including, but not limited to, technical or training
qualifications, quality of work, change in security status,`or non-compliance with a Customer's
security or other requirements. Such approval shall not relieve the Contractor of its obligation to
perform all work in compliance with the Contract. The State may reject and bar from any facility
for cause any of the Contractor's employees, subcontractors, or agents.
4.32 Security and Confidentiality
AMMUNITION AND OFFICERS' EQUIPMENT, ITB No. 1-680-05D-0 Page 42 of 53
The Contractor shall comply fully with all security procedures of the State and Customer in
performance of the Contract. The Contractor shall not divulge to third parties any confidential
information obtained by the Contractor or its agents, distributors, resellers, subcontractors,
officers or employees in the course of performing Contract work, including, but not limited to,
security procedures, business operations information, or commercial proprietary information in
the possession of the State or Customer. The Contractor shall not be required to keep
confidential information or material that is publicly available through no fault of the Contractor,
material that the Contractor developed independently without relying on the State's or
Customer's confidential information, or material that is otherwise obtainable under State law as
a public record. To insure confidentiality, the Contractor shall take appropriate steps as to its
personnel, agents, and subcontractors. The warranties of this paragraph shall survive the
Contract.
4.33 Contractor Employees, Subcontractors, and Other Agents
The Customer and the State shall take all actions necessary to ensure that Contractor's
employees, subcontractors and other agents are not employees of the State of Florida. Such
actions include, but are not limited to, ensuring that Contractor's employees, subcontractors,
and other agents receive benefits and necessary insurance (health, workers' compensations,
and unemployment) from an employer other than the State of Florida.
4.34 Insurance Requirements
During the Contract term, the Contractor at its sole expense shall provide commercial insurance
of such a type and with such terms and limits as may be reasonably associated with the
Contract. Providing and maintaining adequate insurance coverage is a material obligation of
the Contractor. Upon request, the Contractor shall provide certificate of insurance. The limits of
coverage under each policy maintained by the Contractor shall not be interpreted as limiting the
Contractor's liability and obligations under the Contract. All insurance policies shall be through
insurers authorized or eligible to write policies in Florida.
4.35 Warranty of Authority
Each person signing the Contract warrants that he or she is duly authorized to do so and to bind
the respective party to the Contract.
4.36 Warranty of Ability to Perform
The Contractor warrants that, to the best of its knowledge, there is no pending or threatened
action, proceeding, or investigation, or any other legal or financial condition, that would in any
way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The
Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list
maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained
by any other state or the federal government. The Contractor shall immediately notify the
Customer in writing if its ability to perform is compromised in any manner during the term of the
Contract.
4.37 Notices
All notices required under the Contract shall be delivered by certified mail, return receipt
requested, by reputable air courier service, or by personal delivery to the agency designee
AMMUNrrioN AND OFFic-ms! EQUIPMENT, ITB No. 1-680-050-0 Page 43 of 53
identified in the original solicitation, or as otherwise identified by the Customer. Notices to the
Contractor shall be delivered to the person who signs the Contract. Either designated recipient
may notify the other, in writing, if someone else is designated to receive notice.
4.38 Leases and Installment Purchases
Prior approval of the Chief Financial Officer (as defined in Section 17.001, F.S.) is required for
State agencies to enter into or to extend any lease or installment -purchase agreement in excess
of the Category Two amount established by section 287.017 of the Florida Statutes.
4.39 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE)
Section 946.515(2), F.S. requires the following statement to be included in the solicitation: "It is
expressly understood and agreed that any articles which are the subject of, or required to carry
out, the Contract shall be purchased from the corporation identified under Chapter 946 of the
Florida Statutes (PRIDE) in the same manner and under the same procedures set forth in
section 946.515(2) and (4) of the Florida Statutes; and for purposes of the Contract the person,
firm, or other business entity carrying out the provisions of the Contract shall be deemed to be
substituted for the agency insofar as dealings with such corporation are concerned." Additional
information about PRIDE and the products it offers is available at http://www.I)ridefl.com.
4.40 Products Available from the Blind or Other Handicapped
Section 413.036(3), F.S. requires the following statement to be included in the solicitation: "It is
expressly understood and agreed that any articles that are the subject of, or required to carry
out, this contract shall be purchased from a nonprofit agency for the Blind or for the Severely
Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner
and under the same procedures set forth in section 413.036(1) and (2), Florida Statutes; and for
purposes of this contract the person, firm, or other business entity carrying out the provisions of
this contract shall be deemed to be substituted for the State agency insofar as dealings with
such qualified nonprofit agency are concerned." Additional information about the designated
nonprofit agency and the products it offers is available at htto://www.resi)ectofflorida.org.
4.41 Modification of Terms
The Contract contains all the terms and conditions agreed upon by the parties, which terms and
conditions shall govern all transactions between the Customer and the Contractor. The
Contract may only be modified or amended upon mutual written agreement of the Customer and
the Contractor. No oral agreements or representations shall be valid or binding upon the
Customer or the Contractor. No alteration or modification of the Contract terms, including
substitution of product, shall be valid or binding against the Customer. The Contractor may not
unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery
(e.g., attachment or inclusion of standard preprinted forms, product literature, "shrink wrap"
terms accompanying or affixed to a product, whether written or electronic) or by incorporating
such terms onto the Contractor's order or fiscal forms or other documents forwarded by the
Contractor for payment. The Customer's acceptance of product or processing of documentation
on forms furnished by the Contractor for approval or payment shall not constitute acceptance of
the proposed modification to terms and conditions.
4.42 Cooperative Purchasing
AMMUNITION AND OFFICERS' EQuiPMENT, ITB No. 1-680-050-0 Page 44 of 53
Pursuant to their own governing laws, and subject to the agreement of the Contractor, other
entities may be permitted to make purchases at the terms and conditions contained herein.
Non -Customer purchases are independent of the agreement between Customer and
Contractor, and Customer shall not be a party to any transaction between the Contractor and
any other purchaser.
State agencies wishing to make purchases from this agreement are required to follow the
provisions of s. 287.042(16)(a), F.S. This statute requires the Department of Management
Services to determine that the requestor's use of the contract is cost-effective and in the best
interest of the State.
4.43 Waiver
The delay or failure by the Customer to exercise or enforce any of its rights under this Contract
shall not constitute or be deemed a waiver of the Customer's right thereafter to enforce those
rights, nor shall any single or partial exercise of any such right preclude any other or further
exercise thereof or the exercise of any other right.
4.44 Annual Appropriations
The State's performance and obligation to pay under this contract are contingent upon an
annual appropriation by the Legislature.
4.45 Execution in Counterparts
The Contract may be executed in counterparts, each of which shall be an original and all of
which shall constitute but one and the same instrument.
4.46 Severability
If a court deems any provision of the Contract void or unenforceable, that provision shall be
enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and
all other provisions shall remain in full force and effect.
4.47 Special Conditions
Pursuant to 60A-1.002(7), F.A.C., a Customer may attach additional contractual and technical
terms and conditions. These "special conditions" shall take precedence over this form PUR
1000 unless the conflicting term in this form is statutorily required, in which case the term
contained in the form shall take precedence.
AMMUNITION AND OFFICERS' EQUIPMENT, ITB No. 1-680-050-0 Page 45 of 53
SECTION 5.0
SPECIAL CONDITIONS
CONTENTS
5.1 PERIOD OF AGREEMENT
5.2 CATALOG DATA
5.3 POSTING OF AUTHORIZED CONTRACT PRODUCTS
5.4 PRODUCT ADDITIONS/DELETIONS
5.5 COMPLIANCE WITH LAWS
5.6 TRANSACTION FEE REPORTS
5.7 LOBBYING
5.8 PRICE ADJUSTMENT
5.1 Period of Agreement
This agreement shall be in effect from the effective date through the initial twelve (12) month term, with
the option to renew as set forth in Section 287.057(14)(a), Florida Statutes. Renewal is contingent upon
satisfactory performance by the Contractor.
5.2 Catalog Data
The MyFloridaMarketPlace ("MFMP") third -party service provider is responsible for converting
Contract catalog information into a format supported by the System. To accomplish this
conversion, the Contractor shall provide certain information in electronic format directly to the
Service Provider (This format is generally Microsoft ExcelTM)
Within ten (10) days of written notice from the Service Provider, Contractor shall provide all
information necessary to facilitate electronic purchases from this Contract. Such information
may include, but is not limited to, Contractor name, brand/manufacturer, SKU, product name
and brief description, unit of measure, and price. Contractor shall provide this information in the
format required by the Service Provider. No costs or expenses associated with providing this
information shall be charged to the Department, Eligible Users, or Service Provider. With the
Contractor's timely assistance, the Service Provider shall create and maintain web -based
placement of the requested Contract information.
AMMUNITION AND OFFICERS' EQUIPMENT, ITB No. 1-680-050-0 Page 46 of 53
5.3 Posting of Authorized Contract Products
The Contractor shall maintain on the Internet, or provide to the Department and any requesting
Customer a Contract Price List of the products it is authorized to sell under the terms of the
Contract. The Contract Price List shall clearly indicate the required information listed below.
The Contractor shall provide the proposed product lists, or the proposed Universal Resource
Locators ("URLs") for these lists upon request by the Department. Posting of the lists in a form
easily accessible to the Department and Customers shall be a condition precedent to
Contractor's right to payment under the Contract. The Department, in its sole discretion, may
maintain Contractor's authorized lists or provide electronic links to them. Regardless of the
number of links to the list, Contractor shall ensure that Customers are able to access one, and
only one, version of each of the authorized lists.
The authorized Contract Price List shall include the following: Contract Number/Title, Contact
Person, Contact Information (Address, Telephone, and Email Address); and per item:
Manufacturer's SKU or product number, product description and specifications, MSRP pricing,
discount percentage offered to State of Florida customers off of the MSRP and the net price to
State of Florida customers
Changes to the lists must follow the terms of the Contract. The Department may, in its sole
discretion, prohibit any requested change or direct a Contractor to undo any change already
made. In addition, the Department may direct cancellation of any purchase order entered into
on the basis of unauthorized lists. Changes to the authorized lists or to related information (for
example, ordering information) shall not be deemed Contract amendments.
5.4 Product Additions/Deletions
A Contractor may amend the Contract Price Sheet to reflect new or obsolete items to its catalog
with the prior approval of the Department. Any proposed product additions shall be offered at
the contracted per Commodity percentage discount from the product's current MSRP publicly
listed and verifiable at the time of the requested addition. Any proposed product additions
offered shall satisfy all criteria specified in the solicitation documents and the terms of the
Contract.
The Contractor shall advise the Department of a request for Product Additions/Deletions in
writing, received by the Department no later than thirty (30) days prior to the effective date of the
proposed change(s) in the Contract Price Sheet content. No changes to the Contract Price
Sheet are permitted without the prior written approval of the Department. The Department may,
in its sole discretion, prohibit any requested change or direct a Contractor to undo any change
already made. In addition, the Department may direct cancellation of any purchase order
entered into on the basis of unauthorized lists. Changes to the Contract Price Sheet or to
related information (e.g., ordering information) shall not be deemed Contract amendments.
Additionally, Balance of Line products will NOT be listed on the Price Sheets, but (if accepted by
the Department), will be available through a price quote furnished to a customer using the
pricing formula of MSRP times the discount percentage offered through the solicitation as a
ceiling (maximum) price. Additional discounts may be offered as described in Section 4.4, sub-
sections a through d; (Quantity Discounts, Best Pricing Offer, Sales Promotions and Trade -Ins).
5.5 Compliance with Laws
AMMUNmON AND OFFICERS' EQuiPMeNr, ITB No. 1-680-050-0 Page 47 of 53
The Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements
that are applicable to the conduct of its business, including those of Federal, State, and local
agencies having jurisdiction and authority. By way of non -exhaustive example, Chapter 287 of
the Florida Statutes and Chapter 60A-1 of the Florida Administrative Code govern the Contract.
By way of further non -exhaustive example, the Contractor shall comply with section 247A(e) of
the Immigration and Nationalization Act, the Americans with Disabilities Act, and all prohibitions
against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital
status, or veteran's status. Violation of such laws shall be grounds for Contract termination.
5.6 Transaction Fee Reports
The Contractor is required to submit monthly Transaction Fee Reports in electronic format. For
information on how to submit Transaction Fee Reports online, please reference the detailed fee
reporting instructions and Vendor training presentations available online at the Transaction Fee
Reporting and Vendor Training subsections under Vendors on the MyFloridaMarketPlace
website (located at httr)://dms.myflorida.com/mfmi)). Assistance is also available with the
Transaction Fee Reporting System from the MyFloridaMarketPlace Customer Service Desk at
feer)rocessinq_(abmyfloridamarketplace.com or 866-FLA-EPRO (866-352-3776) between the
hours of 8:00 AM to 5:30 PM Eastern Time.
5.7 Lobbying
In accordance with Section 216.347, Florida Statutes, and as provided herein, the Service
Provider or Contractor may not expend any State funds for the purpose of lobbying the
legislature, the judicial branch, the executive branch, or any State Agency. This restriction does
not apply to requests of the Service Provider or Contractor to provide any information relating to
any aspect of this Contract, if requested by any legislative, judicial, or executive branch, or any
State Agency.
5.8 Price Adjustment
Prices shall be firm against increase for twelve (12) months from the Contract Effective date.
After this period, requests for increases or decreases may be submitted if there have been
documented changes in cost, with the State reserving the right to accept or reject these
requests within thirty (30) days after receipt. Price increases or decreases may be requested by
either parry one (1) time per year at the Contract Effective anniversary date by using the
Producer Price Index (PPI) for Industry: Small arms ammunition manufacturing as published by
the U.S. Bureau of Labor Statistics. The rate adjustments will be based on the PPI (Series ID
PCU332992332992). Other PPI Series ID's may be utilized at the sole discretion of the
Department.
The last published non -preliminary Producer Price Index for the month prior to award/anniversary
date of the contract will be the reference date for the beginning (old) PPI Index. The most recently
published Producer Price Index prior to the contract year to be priced will establish the reference
data for the New PPI Index.
The price escalation/de-escalation formula will be tied to the change in the commodity for
Industry: Small arms ammunition manufacturing, PPI Series ID Series ID PCU332992332992.
The formula is calculated by dividing the New PPI Index by the Old PPI Index to identify the
Price Escalation Rate. The Old Price is multiplied by the Price Escalation Rate to determine the
AMMUN ION AND OFFICERS' EQUIPMENT, ITB No. 1-680-050-0 Page 48 of 53
New Price. This formula applies after year one (1) of the contract, and on each subsequent
anniversary of the contract effective date.
Details on how this PPI has historically performed can be found at the Bureau of Labor Statistics
web site and following the below steps:
• Go to the BLS website: hftp://www.bis.gov/ppi
• Navigate to the "Get Detailed PPI Statistics" section
• Select "Create Customized Tables (one screen)"
• Click on the link titled "Industry Data"
• Type "3329922" in the "Select an Industry" box for the small arms ammunition manufacturing
category and hit the adjacent "Find" button.
• Select "332992332992" for small arms ammunition manufacturing in the "Select One or
More Products" box and hit the adjacent "Get Data" button.
A table similar to the one shown below will be created.
Series Id: PCU332992332992
Industry: Small arms ammunition manufacturing
:.Product: Small arms ammunition manufacturing 1
Base Date: 198506
EM1=11012 r r
120.71120.8 1120.8 1120.8 ;120.7120.7 120. T 120.7' 120.7 120.7 ;120.7 120.7 120.7
•;120.9121.0 119.6 1119.7 U19.7 1119.2 119.21119.2 119.21119.2119.2 116.$ 119.4
+ + + A1-7.41117.4 ;116.9 1116.9 '116.9 ;116.9116.9!116.9,116.6 115.91115.9F115.9;116.7
++
J16.5 115.4 1115.3 1116.3 ;116.3 X116.3,116.:21116.2,116.11116,11116.1 116.1 116.1
++ 3117.1 116.4 1115.9 1115.9 X115.9 115.91115.9j115.91115.9�115.9 115.9 115.8 116.0
+ + 1116.3 116.4 1116.4 1116.4 ;116.4 1116.41116.9 116.91116;81116.91116.9 116.9 116.6
+ + 116.6 116.6 1116.8 1116.8 1117.8 ;118.4 117.4117.51119.03119.81119.91122.1,118.2
+ + 124.1 123:7 ,1125.0 1124.9 i 124.9 ,124.9 J 124.8 124.81123.91123.81123,8 123. 1124.4 1
++•!125.2 128.5 1128.5 ,128.7 ;131.4 '1131.4,133.41133.7 133.7!133.8134.3€140.3131.9
+ + €140:9 141:8 141.1 1141.3 1141.3 11143.1 i 144.31144.5 150.7 158.5.177.1 177.2 150.2 1
r r :
1181.91166.2(p)] 182.,9(p) 1183.7(p)
'183.1(p) _ i 1
P : Preliminary. All indexes are subject to revision four months after original publication. i
Example:
Feb 2008 is the first year anniversary of the contract
Old PPI: Jan 2007 PPI for Small arms ammunition manufacturing = 140.9
New PPI: Jan 2008 PPI for Small arms ammunition manufacturing = 181.9
Price Escalation / De-escalation Formula:
New PPI / Old PPI = Price Escalation Rate
"Old Price" x "Price Escalation Rate" = New Price (rounded up to the nearest %)
Calculation:
181.9. _ 140.9 = 1.2910 (Price Escalation Rate)
AMMUNITION AND OFFICERS EQUIPMENT, ITB No. 1-680-050-0 Page 49 of 53
$1,000.00 (unit price) x 1.2910 = $1,291.00 (New unit price for this product)
Any increases accepted during the term of the contract shall not become effective until thirty
(30) days after the State provides written approval of request. All requests for price adjustments
must be substantiated by manufacturer's certification of cost or other documentation and
approved by State prior to implementation. There can only be one rate adjustment per twelve
(12) month period.
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AMMUNITION AND Omcros' EQUIPMENT, ITB No. 1-680-050-0 Page 50 of 53
SECTION 6.0
TECHNICAL SPECIFICATIONS
Contents
6.1 ADDITIONAL DEFINITIONS
6.2 SCOPE AND CLASSIFICATION
6.3 CURRENT MODEL
6.4 PREPARATION FOR DELIVERY
6.5 DELIVERY REQUIREMENTS
6.6 SAMPLING AND INSPECTION
6.7 WARRANTY
6.8 FACTORY SERVICE REQUIREMENTS
6.9 PRODUCT INFORMATION
6.1 Additional Definitions
The following definitions supplement those contained in the General Conditions.
a. "Manufacturer' means the person or company in the business of manufacturing, processing
or refining products.
b. "Manufacturer's Representative" means a person engaged by the Manufacturer to sell or
promote sales of the Manufacturer's products.
c. "Servicing Dealer" means a sales establishment that maintains a relationship with the
Manufacturer, and promotes, sells, installs, and maintains products for the Manufacturer.
6.2 Scope and Classification
This specification covers Ammunition and Officers' Equipment products (including, but not
limited to Handcuffs, Targets, Pepper Spray, Leather Goods, Pepper Spray, (O.C.), Tasers,
Less -Lethal Munitions, Firearms and Badges and Insignia. It is intended to cover only those
items generally used by the State of Florida. Ammunition and Officers' Equipment products
covered by this specification shall be classified in accordance with the requirements of this
specification and the Manufacturers and brand names listed on the Price Sheets.
Commodity Numbers: Applicable commodity numbers and descriptions are listed below:
Commodity Number Description
680 -All Police and Correctional Equipment and Supplies
6.3 Current Model
Products furnished under this contract shall be the manufacturer's current year model, standard
industrial product, except for those modifications or changes required in the standard product in
order to comply with the requirements of this specification. All accessories and components
normally furnished with the standard product offered commercially shall be furnished with each
unit.
AMMUNITION AND OmcutS' EouipMEKT, ITB No. 1-680-050-0 Page 51 of 53
6.4 Preparation for Delivery
All products shall be packed to insure safe delivery to destination at lowest rates. Packaging
shall comply with the requirements of Section 403.7191, Florida Statutes, and can be viewed at
http://www.IeQ.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search Strinq=&UR
L=Ch0403/SEC719l.HTM&Title=->2008->ChO403->Section%207191#0403.7191. This Statute
addresses Toxic (Materials) in Packaging. Due to the nature of the products that will awarded in
this solicitation, awarded contractors must ensure that Ammunition and Officers' Equipment
products are delivered only to authorized end-user customers, packaged securely with
precautions taken to prevent accidental spills, discharge, breakage or misdelivery to (an)
unauthorized individual(s). Each container shall be marked to include a description of the
product, the name of vendor, and the State's contract and purchase order numbers.
6.5 Minimum Orders and Delivery Requirements
Prices shall include all charges for packing, handling, freight, distribution, and inside delivery.
Transportation of goods shall be FOB Destination to any point within thirty (30) days after the
Customer places an Order. A Contractor, within five (5) days after receiving a purchase order,
shall notify the Customer of any potential delivery delays. Evidence of inability or intentional
delays shall be cause for Contract cancellation and Contractor suspension.
For ammunition products, a minimum quantity of one (1) carton of the same type of ammunition
will be required on the Customer's Order.
Prices bid shall include delivery to the Customer for orders totaling $250 or more. Orders of
less than $250 will be shipped prepaid with transportation charges added to the invoice as a
separate item. Orders of less than $25 will not be processed. NOTE: This provision shall not
be used by a Customer to circumvent the intent of the Contract.
6.6 Sampling and Inspection
Samples of delivered products may be selected at random and tested for compliance with these
specifications. Failure to comply with the specifications shall be grounds for Contract
termination.
6.7 Warranty
The Contractor shall provide the Customer at the time of delivery, a warranty for any and all
goods against defective material, workmanship, and failure to perform in accordance with
required performance criteria, for a period of no less than one (1) year from the date of delivery.
This is a minimum standard; if the standard warranty period is greater than one (1) year, the
entire warranty period will be honored. The Contractor agrees that all parts of the goods found
defective shall be replaced without any cost or expense to the Customer including all labor,
materials and costs of transportation. In addition, the Contractor agrees that if said repair of
defective goods will exceed ten (10) working days, the Contractor shall supply loaner goods,
upon written request of the Customer, in a timely and prompt fashion, at no cost or expense to
the Customer.
The Contractor may offer the Customer "after warranty" service agreements for the
maintenance and repair of goods after the initial warranty expires. The Contractor shall indicate
this additional service as a separate item on the invoice and the Purchase Order.
AMMUNITION AND OFFICERS' EQUIPMENT, ITS No. 1-680-050-0 Page 52 of 53
6.8 Factory Service Requirements
Contractor shall maintain at least one factory -authorized service station and/or servicing dealer
within Florida to perform warranty repairs and adjustments throughout the Contract term.
Contractor shall maintain the Servicing Dealer List submitted with the bid throughout the
Contract term, and shall promptly notify the Department of any changes thereto; however,
changes to the Servicing Dealer List shall not be Contract amendments and not require a formal
written agreement. This arrangement does not relieve the Contractor of its duty to maintain at
least one authorized service location within Florida.
6.9 Product Information
Requests by Customers for product literature, specifications, and technical information must be
provided within five (5) working days after receipt of written request, at no charge to Customers.
AMMUNrrION AND OFFICERS' EQUIPMENT, ITB No. 1-680-050-0 Page 53 of 53