250009-Re-Solicitation 05-08-25.docx

NOTICE OF RE-SOLICITATION

CURRENTLY AWARDED VENDORS SHOULD NOT RESPOND

SERIAL # 250009-C

INVITATION FOR BIDS FOR ammunition and less lethal munitions

Notice is hereby given that Maricopa County (County) is conducting this Invitation for Bids electronically through an outside e-procurement platform, BidNet Direct, until 2:00 p.m. Mountain Standard Time (MST) on Tuesday, May 27, 2025, for SERIAL# 250009-C INVITATION FOR BIDS FOR ammunition and less lethal munitions for Maricopa County.

ONLY RESPONSES THAT ARE SUBMITTED THROUGH THE E-PROCUREMENT PLATFORM, BIDNET DIRECT (www.bidnetdirect.com), WILL BE CONSIDERED.

For submission instructions, see Exhibit 1.

For assistance with the e-procurement platform, contact BidNet Direct Vendor Support during regular business hours: Phone: 1-800-835-4603 or Email: support@bidnet.com. The BidNet Direct Support Department is available Monday-Friday from 8:00 am to 8:00 pm EST.

All responses shall be submitted electronically through the e-procurement platform prior to the bid closing. The bid will be listed under “250009-C ammunition and less lethal munitions.”

The Maricopa County Procurement Code (Code) governs this procurement and is incorporated by reference. Any protest concerning this Invitation for Bids must be filed with the procurement officer in accordance with Section MC1-905 of the Code.

All standard terms and conditions concerning this Invitation for Bids can be located at https://www.maricopa.gov/DocumentCenter/View/6453.

Any addenda to this Invitation for Bids will be posted on the Maricopa County Office of Procurement Services website under the solicitation serial number. This information will also be posted online at www.bidnetdirect.com.

FAILURE TO REVIEW ANY ADDENDA DOES NOT NEGATE YOUR INITIAL OFFER AND HOLDS THE RESPONDENT RESPONSIBLE FOR ANY CHANGES PRIOR TO BID CLOSING.

INQUIRIES: SUBMIT ALL INQUIRIES ABOUT THIS INVITATION FOR BIDS BY THE QUESTION DATE/TIME DEADLINE POSTED IN BIDNET DIRECT USING THE LINK IN THE “Q&A” TAB FOR THIS SOLICITATION.

Administrative inquiries may be directed to:

anna le, PROCUREMENT OFFICER

TELEPHONE: (602) 506-8715

Anna.le@maricopa.gov

THERE WILL BE NO PRE-BID CONFERENCE FOR THIS SOLICITATION.

SERIAL # 250009-C

NOTE: Maricopa County publishes its solicitations online and they are available for viewing and/or downloading at https://www.maricopa.gov/2190/Solicitations.

TABLE OF CONTENTS

NOTICE OF SOLICITATION

TABLE OF CONTENTS

SECTIONS

1.0 INTENT

2.0 SPECIFICATIONS

3.0 PURCHASING REQUIREMENTS

4.0 CONTRACTUAL TERMS & CONDITIONS

5.0 INSTRUCTIONS TO RESPONDENTS (Note that this section does not become part of any resultant contract.)

ATTACHMENTS AND EXHIBITS

INVITATION FOR BIDS FOR ammunition and less lethal munitions

1.0 INTENT

1.1 The Maricopa County Sheriff’s Office (MCSO) is seeking qualified vendor(s) who can provide ammunition and less lethal munitions in accordance with the terms, conditions, and provisions set forth herein.

1.2 Other governmental entities under agreement with Maricopa County (County) may have access to services provided hereunder (see also Sections 3.17 and 3.18 below).

1.3 The County reserves the right to add additional contractors, at the County’s sole discretion, in cases where the currently listed contractors are of an insufficient number or skill set to satisfy the County’s needs or to ensure adequate competition on any project or task order work.

1.4 The County reserves the right to award this contract to multiple vendors. The County reserves the right to award in whole or in part, by item or group of items, by section or geographic area, or make multiple awards, where such action serves the County’s best interest.

2.0 SPECIFICATIONS

2.1 CORE ITEMS

2.1.1 Contractor shall provide discounted, firm fixed price for core items listed below. The core items list reflects the most common or frequently purchased products under the existing contracts. If multiple contracts are awarded, the core item list shall have the ability to reflect usage under each contract. The County reserves the right to add or remove items to the core items list during the duration of the awarded contract.

2.1.2 Ammunition shall have a minimum guaranteed shelf life of five years from the date of delivery.

2.1.3 The product must be brand name or equivalent.

2.1.3.1 Sufficient descriptive or technical literature must be included with offer if submitting an equivalent product.

2.1.3.2 Ammunition shall consist of production ammunition from an International Organization for Standardization (ISO) certified manufacturer.

2.1.3.3 The County reserves the right to determine if equivalent products are equal in performance to the brand specified.

2.1.4 All components of the ammunition for all calibers shall be new, commercially manufactured. Recycled or reloaded cases will not be accepted.

2.1.5 Ammunition shall conform to all dimensional specifications and performance standards recommended by the Sporting Arms and Ammunition Manufacturers' Institute, Inc. (SAAMI) Z299.3-2015.

2.1.6 Ammunition shall meet or exceed all testing standards established by the Federal Bureau of Investigations (FBI).

2.1.7 Practice Ammunition

2.1.7.1 Frangible ammunition projectiles shall consist of frangible copper/zinc-compressed bullet using a lead free and heavy metal free primer.

2.1.7.2 Speer 9-millimeter (mm) 124 Grain (gr) Lawman Total Metal Jacket (TMJ)

2.1.7.3 Winchester 9mm 124gr FMJ

2.1.7.4 Federal 9mm 124gr FMJ American Eagle 9mm

2.1.7.5 Speer 45 Automatic Colt Pistol (ACP) 230gr Lawman TMJ

2.1.7.6 Speer 45 ACP - CCI 230gr Blazer Brass FMJ

2.1.7.7 Federal 45 ACP 230gr FMJ American Eagle 45 Automatic

2.1.7.8 Federal .223 55gr Full Metal Jacket Boat Tail (FMJ-BT)

2.1.7.9 Federal .223 62gr FMJ-BT

2.1.7.10 Federal 5.56 North Atlantic Treaty Organization (NATO) 55gr FMJ (.223 FMJ alternative)

2.1.7.11 Federal .308 150gr FMJ-BT

2.1.7.12 9mm 100% Lead Free Frangible Ammo

2.1.7.13 .223 100% Lead Free Frangible Ammo

2.1.8 Training Ammunition

2.1.8.1 Force on Force 9mm Non-Marking Training Rounds

2.1.8.2 Force on Force 9mm Colored Marking Training Rounds

2.1.8.3 Force on Force 9mm Blank Training Rounds

2.1.8.4 Force on Force 5.56mm Marking Training Rounds

2.1.8.5 Securiblank Quiet 9mm Gen2

2.1.8.6 Securiblank Quiet 5.56mm

2.1.9 Duty Ammunition

2.1.9.1 Speer 9 millimeters + pressure (mm+P) 124gr Gold Dot Hollow Point

2.1.9.2 Speer 9mm 124gr Gold Dot Hollow Point

2.1.9.3 Speer .45 ACP 230gr Gold Dot Hollow Point

2.1.9.4 Speer .233 Remington (REM) 62gr Gold Dot Soft Point

2.1.9.5 Federal Gold Medal .308 168gr Match Boat Tail Hollow Point (BTHP)

2.1.9.6 Federal Gold Medal .308 175gr Match BTHP

2.1.9.7 8.6mm x 70mm .338 Lapua Magnum 250 Grain Scenar Open Tip Match (OTM) Projectile

2.1.9.8 8.6mm x 70mm .338 Lapua Magnum 231 Grain Solid Projectile

2.1.9.9 8.6mm x 70mm .338 Lapua Magnum 248 Grain Armor Piercing Projectile

2.1.9.10 12.7mm x 99mm Reduced Range (.50 caliber (cal)) 43 Grain Grade A (Match Grade)

2.1.9.11 12.7mm x 99mm Armor Piercing Super (.50 cal) 47 Grain NM185 Grade A (Match Grade)

2.1.9.12 4.6 x 30mm 38gr V-Max Hornady BLACK

2.1.10 Less Lethal Munitions

2.1.10.1 40mm Standard Range Sponge Rounds

2.1.10.2 40mm Extended Range Insert Crushable Foam Round

2.1.10.3 40mm Extended Range Oleoresin Capsicum (OC) Crushable Foam Rounds

2.1.10.4 40mm extended Range Marking Crushable Foam Round

2.1.10.5 40mm Round OC

2.1.10.6 40mm Short-Range Rounds

2.1.10.7 40mm Warning/Signaling Munition Inert Marking

2.1.10.8 40mm Aerial Warning/Signaling Munition with OC 100 meters (m) with Payload

2.1.10.9 40mm Warning/Signaling, munition 100m

2.1.10.10 12 Gauge (Ga) Shotgun Combined Tactical Systems (CTS) Super-Sock

2.1.10.11 Bean bag

2.1.11 PepperBall Launchers and Munitions

2.1.11.1 PepperBall LIVE PAVA OC Powder Projectiles – Red

2.1.11.2 PepperBall Inert Projectiles – Purple Training Munitions

2.1.11.3 Spede-Heat Continuous Discharge Chemical Grenade

2.1.11.4 Riot Control Continuous Discharge Grenade

2.1.11.5 Maximum Hexachloroethane (HC) Smoke Large Style Canister

2.1.11.6 Military Style SAF-Smoke Grenade

2.2 GENERAL CATALOG DISCOUNTS

Contractor shall provide a discount rate from their published pricing catalog for all other ammunition and less lethal munition not specifically bid.

2.3 CATALOG PRICING PROCESS

2.3.1 Contractor(s) shall provide a discount rate from their published pricing catalog for all other items or product types not specifically bid.

2.3.1.1 Contractor(s) must submit published pricing catalog and updated catalogs to using agency and Office of Procurement Services in a format without needing a license to open (i.e., Excel Spreadsheet or Internet access.)

2.4 PRODUCT ORDERING PROCESS

2.4.1 MCSO shall compare the submitted catalogs and compare offered prices for like items.

2.4.2 MCSO will select the most advantageous items considering cost, lead time, and minimum order quantity.

2.4.3 MCSO will issue a release authorization against a blanket purchase order. Contractor shall confirm receipt of the order via email within 24-hours.

2.5 TESTING

2.5.1 As part of the evaluation process the County reserves the right to request samples for testing, at the contractor’s expense.

2.5.2 Contractor shall provide requested samples within 10 days of County’s request.

2.5.3 Contractor shall provide a minimum of 200 rounds of requested Practice and Duty ammunition.

2.5.4 Testing will be performed by the Firearms Training Unit of the using agencies.

2.5.5 The results and opinions of the test firing will be solely that of the Firearms Training Unit with regards to the appropriateness and equivalency of the samples submitted.

3.0 PURCHASING REQUIREMENTS

3.1 DELIVERY

3.1.1 Delivery is desired as soon as possible, and details shall be stipulated on the purchase order. Contractor shall notify the County representative listed on the purchase order if the requested delivery date and/or the anticipated lead time cannot be met. Failure to communicate to County changes in the order status may result in default proceedings.

3.1.2 Supplies or equipment shall be delivered to the MCSO warehouse between the hours of 6:00 a.m. and 1:00 p.m. Mountain Standard Time (MST), Monday through Friday, except on County recognized holidays, located at:

MCSO Warehouse 319 W Buchanan Street Phoenix, Arizona 85009

3.1.3 Delivery shall be F.O.B. Destination Freight Prepaid.

3.2 EXPEDITED DELIVERY

3.2.1 If the department determines that expedited delivery or other alternate shipping is required, it shall notify the contractor. The contractor shall determine any additional costs associated with such delivery terms and communicate that cost to the department.

3.2.2 The department shall not advise the contractor to proceed with an expedited shipment until acceptable terms are agreed upon and a purchase order is issued. Upon agreeing to the additional costs, the department shall advise the contractor to proceed.

3.2.3 Upon receipt of material(s) and invoicing, the department shall ensure that any additional charges are in compliance with and do not exceed agreed to costs. The department shall retain all documents related to these costs within the agency purchase file.

3.2.3.1 Material(s) and invoicing must include the department personnel’s first name and last name who approved and authorized expedited shipping.

3.3 SHIPPING DOCUMENTS

A packing list or other suitable shipping document shall accompany each shipment and shall include the following:

3.3.1 Contract serial number

3.3.2 Contractor’s name and address

3.3.3 Department name and address

3.3.4 Department purchase order number

3.3.5 A description of product(s) shipped, including item number(s), quantity(ies), number of containers and package number(s), as applicable.

3.4 SHIPPING TERMS

Bid price(s) and terms shall be F.O.B. Destination Freight Prepaid at the location(s) stipulated on the purchase order. All delivery locations are within Maricopa County.

3.5 SAMPLES

The contractor may be requested to furnish samples of material(s) bid to allow for examination by the County. Any materials so requested shall be furnished within 10 working days from the date of request and furnished at no cost to the County and sent to the address designated in the requesting correspondence.

3.6 ACCEPTANCE

3.6.1 Contractor shall provide and maintain an inspection system acceptable to the County covering supplies under this contract and shall tender for acceptance only supplies that have been inspected in accordance with the system and have been found by the contractor to be in conformity with contract requirements.

3.6.1.1 As part of the system, the contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the County during contract performance and for as long afterwards as the contract requires.

3.6.2 The County reserves the right to perform reviews and evaluations as reasonably necessary to ascertain compliance with this section. Reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the contractor of the obligations under the contract.

3.6.3 The County has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance.

3.6.3.1 The County shall perform inspections and tests in a manner that will not unduly delay the work.

3.6.3.2 The County assumes no contractual obligation to perform any inspection and test for the benefit of the contractor unless specifically set forth elsewhere in this contract.

3.6.3.3 If the County performs inspection or test on the premises of the contractor or a subcontractor, the contractor shall furnish, and shall require subcontractors to furnish, without additional charge, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the County shall bear the expense of County inspections or tests made at other than the contractor’s or subcontractor's premises; provided, that in case of rejection, the County shall not be liable for any reduction in the value of inspection or test samples.

3.6.3.4 When supplies are not ready at the times specified by the contractor for inspection or test, the County may charge to the contractor the additional cost of inspection or test.

3.6.3.5 The County may also charge the contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

3.6.4 The County has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The County may reject nonconforming supplies with or without disposition instructions.

3.6.5 The contractor shall remove supplies rejected or required to be corrected. However, the County may require or permit correction in place, promptly after notice, by and at the expense of the contractor. The contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

3.6.6 If the contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replace or corrected, the County may either:

3.6.6.1 By contract or otherwise, remove, replace, or correct the supplies and charge the cost to the contractor or

3.6.6.2 Terminate the contract for default. Unless the contractor corrects or replaces the supplies within the delivery schedule, the County may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

3.6.6.2.1 If this contract provides for the performance of County quality assurance at source, and if required by the County, the contractor shall furnish advance notification of the time:

3.6.6.2.1.1 When contractor inspection or tests will be performed in accordance with the terms and conditions of the contract and

3.6.6.2.1.2 When the supplies will be ready for the County inspection. The County’s request shall specify the period and method of the advance notification and the County representative to whom it shall be furnished. Requests shall not require more than two workdays of advance notification if the County representative is in residence in the contractor’s plant, nor more than seven workdays in other instances.

3.6.7 The County shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. The County’s failure to inspect and accept or reject the supplies shall not relieve the contractor from responsibility, nor impose liability on the County, for nonconforming supplies. Inspections and tests by the County do not relieve the contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

3.7 DISCONTINUED MATERIALS

3.7.1 In the event that a manufacturer discontinues materials, the County may allow the contractor to provide a substitute for the discontinued item or may cancel the contract. If the contractor requests permission to substitute a new material, the contractor shall provide the following to the County:

3.7.1.1 Documentation from the manufacturer that the material has been discontinued.

3.7.1.2 Documentation that names the replacement material.

3.7.1.3 Documentation that provides clear and convincing evidence that the replacement material meets or exceeds all specifications required by the original solicitation.

3.7.1.4 Documentation that provides clear and convincing evidence that the replacement material will be compatible with all the functions or uses of the discontinued material.

3.7.1.5 Documentation confirming that the price for the replacement is the same as or less than the discontinued material.

3.7.2 Material discontinuance applies only to those materials specifically listed on any resultant contract. This will not apply to catalog items not specifically listed on any resultant contract.

3.8 WARRANTY

3.8.1 All items furnished under this contract shall conform to the requirements of this contract and shall be free from defects in design, materials, and workmanship.

3.8.2 The warranty period for workmanship and materials shall be for a minimum initial period of five years and commence upon acceptance by County per Section 3.6 Acceptance.

3.8.2.1 The contractor shall indicate on the price sheet the duration of the warranty and any applicable limitations or conditions which may apply.

3.8.2.2 The contractor agrees that it will, at its own expense, provide all labor and parts required to remove, repair, or replace, and reinstall any such defective workmanship and/or materials which becomes or is found to be defective during the term of this warranty. The contractor shall guarantee the equipment to be supplied complies with all applicable regulations.

3.9 BRAND NAME

In some cases, brand names have been listed in order to define the desired quality and are not intended to be restrictive or to limit competition. Materials substantially equivalent to those designated shall qualify for consideration.

3.10 ORDER CUTOFF INFORMATION

3.10.1 Contractors submitting bids shall advise the County of all known order cutoff dates/times for the equipment/product(s) specified in this solicitation at the time of bid submission. Notification of any subsequent cutoff date(s)/time(s) (learned after submission of bid) shall also be the contractor’s responsibility. The contractor shall advise the County of subsequent cutoff date(s)/time(s) by notifying the procurement officer, in writing, of the new information.

3.10.2 If the item(s) become no longer available, contractor shall notify County of the last available ordering date for the item(s) and may provide County with alternative item(s) that the County may elect to purchase at its option. If the alternative item(s) do not meet the County’s requirements, County may take action including termination of this contract for convenience per Section 4.15 – Termination for Convenience.

3.11 ORDER LEAD-TIME NOTIFICATION

3.11.1 Contractors submitting bids shall advise the County of lead-time(s) for the required items specified in this solicitation at the time of bid submission. Notification of any changes to lead time (learned after submission of bid) shall also be the contractor’s responsibility. The contractor shall also notify all County representatives included on purchase orders of lead-time information.

3.12 USAGE REPORT

The contractor shall furnish the County a usage report, upon request, delineating the acquisition activity governed by the contract. The format of the report shall be approved by the County and shall disclose the quantity and dollar value of each contract item by individual unit of measure.

3.13 BACKGROUND CHECK

Bidders/proposers may be required to pass multiple background checks (e.g. Sheriff’s Office, County Attorney's Office, Courts, as well as Maricopa County general government) to determine if the respondent is acceptable to do business with the County. This applies to, but is not limited to, the company, subcontractors, and employees.

3.14 INVOICES AND PAYMENTS

3.14.1 The contractor shall submit one legible copy of their detailed invoice before payment(s) will be made. Incomplete invoices will not be processed. At a minimum, the invoice must provide the following information:

· Company name, address, and contact information

· County bill-to name and contact information

· Contract serial number

· County purchase order number

· Invoice number and date

· Payment terms

· Date of service or delivery

· Quantity

· Contract item number(s)

· Arrival and completion time

· Description of purchase (product or services)

· Pricing per unit of purchase

· Extended price

· Freight (if applicable)

· Total amount due

3.14.2 Problems regarding billing or invoicing shall be directed to the department as listed on the purchase order.

3.14.3 Payment will only be made to the contractor by Accounts Payable through the Maricopa County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT) process. After contract award, the contractor shall complete the Vendor Registration Form located on the County Department of Finance Vendor Registration website (https://www.maricopa.gov/5169/Vendor-Information)

3.14.4 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County.

3.14.5 EFT payments to the routing and account numbers designated by the contractor shall include the details on the specific invoices that the payment covers. The contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details.

3.15 APPLICABLE TAXES

3.15.1 It is the responsibility of the contractor to determine any and all applicable taxes and include those taxes in their proposal. The legal liability to remit the tax is on the entity conducting business in Arizona. Tax is not a determining factor in contract award.

3.15.2 The County will look at the price or offer submitted and will not deduct, add, or alter pricing based on speculation or application of any taxes, nor will the County provide contractor any advice or guidance regarding taxes. If you have questions regarding your tax liability, seek advice from a tax professional prior to submitting your bid. You may also find information at https://www.azdor.gov/Business.aspx. Once your bid is submitted, the offer is valid for the time specified in this solicitation, regardless of mistake or omission of tax liability. If the County finds overpayment of a project due to tax consideration that was not due, the contractor shall be liable to the County for that amount, and by contracting with the County agrees to remit any overpayments back to the County for miscalculations on taxes included in a bid price.

3.15.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, state, and local taxes applicable to their operation and any persons employed by the contractor. Contractor shall, and require all subcontractors to, hold Maricopa County harmless from any responsibility for taxes, damages, and interest, if applicable, contributions required under Federal and/or state and local laws and regulations, and any other costs including transaction privilege taxes, unemployment compensation insurance, Social Security, and Workers’ Compensation. Contractor may be required to establish, to the satisfaction of County, that any and all fees and taxes due to municipality or the State of Arizona for any license or transaction privilege taxes, use taxes, or similar excise taxes are currently paid (except for matters under legal protest).

3.16 POST AWARD MEETING

The contractor may be required to attend a post-award meeting with the department to discuss the terms and conditions of this contract. This meeting will be coordinated by the procurement officer of the contract.

3.17 STRATEGIC ALLIANCE for VOLUME EXPENDITURES (SAVE)

The County is a member of the SAVE cooperative purchasing group. SAVE includes the State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts. Under the SAVE Cooperative Purchasing Agreement, and with the concurrence of the successful respondent under this solicitation, a member of SAVE may access a contract resulting from a solicitation issued by the County. If contractor does not want to grant such access to a member of SAVE, state so in the bid. In the absence of a statement to the contrary, the County will assume that contractor does wish to grant access to any contract that may result from this bid. The County assumes no responsibility for any purchases by using entities.

3.18 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPAs)

County currently holds ICPAs with numerous governmental entities. These agreements allow those entities, with the approval of the contractor, to purchase their requirements under the terms and conditions of the County contract. It is the responsibility of the non-County government entity to perform its own due diligence on the acceptability of the contract under its applicable procurement rules, processes, and procedures. Certain governmental agencies may not require an ICPA and may utilize this contract if it meets their individual requirements. Other governmental agencies may enter into a separate Statement of Work with the contractor to meet their own requirements. The County is not a party to any uses of this contract by other governmental entities.

3.19 VOLUNTARY EMPLOYEE DISCOUNTS

3.19.1 Contractors may voluntarily offer discounts to County employees for products or services provided under this contract. Whether a contractor offers or does not offer an employee discount is not a factor considered in the evaluation of responses to this solicitation.

3.19.2 Any discount offered is part of a commercial transaction between the contractor and individual County employees and the County is not a party to the transaction. Any disputes or issues arising from an individual commercial transaction between the contractor and an individual County employee is a matter between the contractor and the employee. If a discount is offered, the terms will be announced to County employees.

4.0 CONTRACTUAL TERMS & CONDITIONS

4.1 CONTRACT TERM

This Invitation for Bids is for awarding a firm, fixed-price purchasing contract to cover a the remainder of the one year term expiring April 30, 2026.

4.2 OPTION TO RENEW

The County may, at its option and with the concurrence of the contractor, renew the term of this contract up to a maximum of four additional year(s), (or at the County’s sole discretion, extend the contract on a month-to-month basis for a maximum of six months after expiration). The contractor shall be notified in writing by the Office of Procurement Services of the County’s intention to renew the contract term at least 60 calendar days prior to the expiration of the original contract term.

4.3 CONTRACT COMPLETION

In preparation for contract completion, the contractor shall make all reasonable efforts for an orderly transition of its duties and responsibilities to another provider and/or to the County. This may include, but is not limited to, preparation of a transition plan and cooperation with the County or other providers in the transition. The transition includes the transfer of all records and other data in the possession, custody, or control of the contractor that are required to be provided to the County either by the terms of this agreement or as a matter of law. The provisions of this clause shall survive the expiration or termination of this agreement.

4.4 PRICE ADJUSTMENTS

4.4.1 Contract pricing shall remain firm for the initial one-year term. Thereafter, one upward price adjustment may be applied no more than once in a 12-month period.

4.4.2 Contractor must file a claim in writing for such adjustment prior to the delivery of goods. In any event, the claim for such adjustment will not apply to release orders provided prior to the date the Office of Procurement Services approved the economic adjustment request.

4.4.2.1 Requests shall include:

4.4.2.1.1 Contract number

4.4.2.1.2 Item number

4.4.2.1.3 Line number

4.4.2.1.4 Bid price

4.4.2.1.5 Requested price adjustment.

4.4.3 Vendor shall not be entitled to apply an upward price adjustment without first obtaining approval from the Office of Procurement Services.

4.4.4 In the event a downward adjustment is warranted, the Office of Procurement Services reserves the right to adjust once in a 12-month period for this decrease. It shall be the responsibility of the contractor to notify the Office of Procurement Services of any such decrease.

4.4.5 Maximum allowable price adjustments shall be governed by the U.S. Bureau of Labor Statistics Producer Price Index (PPI) item number:

WPU1085 Ammunition, Except for Small Arms

4.4.5.1 The base PPI published index will be determined by the month of the bid opening date. If the bid opening date occurs in January, the base PPI will be January’s published index. The published PPI index at the time of requested adjustment will be determined by the month and day the adjustment was submitted to the Office of Procurement Services, regardless of whether it is preliminary or final index publication.

4.4.5.2 No further adjustments will be made once the maximum allowable adjustment has been calculated for the given 12-months.

4.4.5.2.1 The maximum allowable price adjustment shall be calculated as follows:

Maximum Allowable Price = A / B * C

4.4.5.2.1.1 A = Bid Price

4.4.5.2.1.2 B = Base PPI index

4.4.5.2.1.3 C = Published PPI index at time of requested adjustment

4.4.5.2.2 The U.S. Bureau of Labor Statistics website can be located at: https://www.bls.gov/PPI/

4.4.5.3 Should the referenced PPI become discontinued during the contract, it will be replaced by an appropriate alternative PPI chosen by the Office of Procurement Services and all adjustments will be calculated based on the same methodology as outlined above, but with data from the new replacement index.

4.4.5.4 If the contractor has unresolved complaints filed against it for non-delivery or poor-quality service, its request may be denied until such time as all past complaints are resolved to the satisfaction of the County.

4.5 INDEMNIFICATION

4.5.1 To the fullest extent permitted by law, and to the extent that claims, damages, losses, or expenses are not covered and paid by insurance purchased by the contractor, the contractor shall defend, indemnify, and hold harmless the County (as Owner), its agents, representatives, officers, directors, officials, and employees from and against all claims, damages, losses, and expenses (including, but not limited to attorneys' fees, court costs, expert witness fees, and the costs and attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted from, the negligent acts, errors, omissions, or mistakes of the contractor, a subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable relating to the performance of this contract.

4.5.2 Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives, officers, directors, officials, and employees shall arise in connection with any claim, damage, loss, or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment of, or destruction of tangible property, including loss of use resulting therefrom, caused by negligent acts, errors, omissions, or mistakes in the performance of this contract, but only to the extent caused by the negligent acts or omissions of the contractor, a subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder.

4.5.3 The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this section.

4.5.4 The scope of this indemnification does not extend to the sole negligence of County.

4.6 INSURANCE

4.6.1 Contractor, at contractor’s own expense, shall purchase and maintain, at a minimum, the herein stipulated insurance from a company or companies duly licensed by the State of Arizona and possessing an AM Best, Inc. category rating of B++. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company or companies, which are authorized to do business in the State of Arizona, provided that said insurance companies meet the approval of County. The form of any insurance policies and forms must be acceptable to County.

4.6.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the contract is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of County, constitute a material breach of this contract.

4.6.3 In the event that the insurance required is written on a claims-made basis, contractor warrants that any retroactive date under the policy shall precede the effective date of this contract and either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed.

4.6.4 Contractor’s insurance will be primary insurance as respects County, and any insurance or self-insurance maintained by County will not contribute to it.

4.6.5 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect the County’s right to coverage afforded under the insurance policies.

4.6.6 The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductibles and/or self-insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and County, at its option, may require contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit.

4.6.7 The insurance policies required by this contract, except Workers’ Compensation and Errors and Omissions, shall name County, its agents, representatives, officers, directors, officials, and employees as additional insureds.

4.6.8 The policies required hereunder, except Workers’ Compensation and Errors and Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against County, its agents, representatives, officers, directors, officials, and employees for any claims arising out of contractor’s work or service.

4.6.9 If available, the insurance policies required by this contract may be combined with Commercial Umbrella Insurance policies to meet the minimum limit requirements. If a Commercial Umbrella insurance policy is utilized to meet insurance requirements, the Certificate of Insurance shall indicate which lines the Commercial Umbrella Insurance covers.

4.6.9.1 Commercial General Liability

Commercial General Liability (CGL) insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000 Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit. The policy shall include coverage for premises liability, bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provisions which would serve to limit third-party action over claims. There shall be no endorsement or modifications of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage.

4.6.10 Certificates of Insurance

4.6.10.1 Prior to contract award, contractor shall furnish the County with valid and complete certificates of insurance, or formal endorsements as required by the contract in the form provided by the County, issued by contractor’s insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this contract are in full force and effect. Such certificates shall identify this contract number and title.

4.6.10.2 In the event any insurance policy(ies) required by this contract is (are) written on a claims-made basis, coverage shall extend for two years past completion and acceptance of contractor’s work or services and as evidenced by annual Certificates of Insurance.

4.6.10.3 If a policy does expire during the life of the contract, a renewal certificate must be sent to County 15 calendar days prior to the expiration date.

4.6.10.4 Certificates of Insurance shall identify Maricopa County as the certificate holder as follows:

Maricopa County c/o Risk Management 301 W Jefferson St, Suite 910 Phoenix, AZ 85003

4.6.11 Cancellation and Expiration Notice

Applicable to all insurance policies required within the insurance requirements of this contract, contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without 30 calendar days prior written notice to Maricopa County. Contractor must provide notice to Maricopa County, within two business days of receipt, if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to Maricopa County Office of Procurement Services and shall be mailed, or hand delivered to 301 W. Jefferson, Suite 700, Phoenix, AZ 85003, or emailed to the procurement officer noted in the solicitation.

4.7 FORCE MAJEURE

4.7.1 Neither party shall be liable for failure of performance, nor incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this contract, if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the parties. Such events, occurrences, or causes include, but are not limited to, acts of God/nature (including fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike, and interruption or failure of electricity or telecommunication service and pandemic.

4.7.2 Each party as applicable, shall give the other party notice of its inability to perform and particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply.

4.7.3 The party asserting Force Majeure as a cause for non-performance shall have the burden of proving that reasonable steps were taken to minimize delay, or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated.

4.8 ORDERING AUTHORITY

Any request for purchase shall be accompanied by a valid purchase order issued by a County department or directed by a Certified Agency Procurement Aid (CAPA) with a purchase card for payment.

4.9 AVAILABILITY OF FUNDS

4.9.1 The provisions of this contract relating to payment shall become effective when funds assigned for the purpose of compensating the contractor as herein provided are actually available to County for disbursement. The County shall be the sole judge and authority in determining the availability of funds under this contract. County will keep the contractor fully informed as to the availability of funds.

4.9.2 If any action is taken by any state agency, Federal department, or any other agency or instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection with, this contract, County may amend, suspend, decrease, or terminate its obligations under, or in connection with, this contract. In the event of termination, County will be liable for payment only for services rendered prior to the effective date of the termination, provided that such services are performed in accordance with the provisions of this contract. County will give written notice of the effective date of any suspension, amendment, or termination under this section, at least 10 days in advance.

4.10 PROCUREMENT CARD ORDERING CAPABILITY

County may opt to use a procurement card (Visa or Master Card) to make payment for orders under this contract.

4.11 NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION

This contract does not guarantee any minimum or maximum purchases will be made. Orders will only be placed under this contract when the County identifies a need and proper authorization and documentation have been approved.

4.12 PURCHASE ORDERS

4.12.1 County reserves the right to cancel purchase orders within a reasonable period of time after issuance. Should a purchase order be canceled, the County agrees to reimburse the contractor for actual and documentable costs incurred by the contractor in response to the purchase order. The County will not reimburse the contractor for any costs incurred after receipt of County notice of cancellation, or for lost profits, or for shipment of product prior to issuance of purchase order.

4.12.2 Contractor agrees to accept verbal notification of cancellation of purchase orders from the County with written notification to follow. Contractor specifically acknowledges to be bound by this cancellation policy.

4.13 SUSPENSION OF WORK

The procurement officer may order the contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the procurement officer determines appropriate for the convenience of the County. No adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the contractor. No request for adjustment under this clause shall be granted unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

4.14 STOP WORK ORDER

4.14.1 The procurement officer may, at any time, by written order to the contractor, require the contractor to stop all, or any part, of the work called for by this contract for a period of 90 calendar days after the order is delivered to the contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop work order issued under this clause. Upon receipt of the order, the contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 calendar days after a stop work order is delivered to the contractor, or within any extension of that period to which the parties shall have agreed, the procurement officer shall either:

4.14.1.1 cancel the stop work order; or

4.14.1.2 terminate the work covered by the order as provided in the Termination for Default or the Termination for Convenience clause of this contract.

4.14.2 The procurement officer may make an equitable adjustment in the delivery schedule and/or contract price, and the contract shall be modified, in writing, accordingly, if the contractor demonstrates that the stop work order resulted in an increase in costs to the contractor.

4.15 TERMINATION FOR CONVENIENCE

Maricopa County may terminate the resultant contract for convenience by providing 60 calendar days advance notice to the contractor.

4.16 TERMINATION FOR DEFAULT

4.16.1 The County may, by written Notice of Default to the contractor, terminate this contract in whole or in part if the contractor fails to:

4.16.1.1 deliver the supplies or to perform the services within the time specified in this contract or any extension;

4.16.1.2 make progress, so as to endanger performance of this contract; or

4.16.1.3 perform any of the other provisions of this contract.

4.16.2 The County’s right to terminate this contract under these subparagraphs may be exercised if the contractor does not cure such failure within 10 business days (or more if authorized in writing by the County) after receipt of a Notice to Cure from the procurement officer specifying the failure.

4.17 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST

Notice is given that, pursuant to Arizona Revised Statute (A.R.S.) § 38-511, the County may cancel any contract without penalty or further obligation within three years after execution of the contract, if any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the County is at any time, while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or consultant to any other party of the contract with respect to the subject matter of the contract. Additionally, pursuant to A.R.S. § 38-511, the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the County from any other party to the contract arising as the result of the contract.

4.18 OFFSET FOR DAMAGES

In addition to all other remedies at Law or Equity, the County may offset from any money due to the contractor any amounts contractor owes to the County for damages resulting from breach or deficiencies in performance of the contract.

4.19 CONTRACTOR LICENSE REQUIREMENT

4.19.1 Contractor shall procure all permits, insurance, and licenses and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and, as necessary, complete any requirements, by any and all governmental or non-governmental entities as mandated to maintain compliance with and remain in good standing. The contractor shall keep fully informed of existing and future trade or industry requirements, and Federal, state, and local laws, ordinances, and regulations which in any manner affect the fulfillment of a contract and shall comply with the same. Contractor shall immediately notify both Office of Procurement Services and the department of any and all changes concerning permits, insurance, or licenses.

4.19.2 Contractor furnishing finished products, materials, or articles of merchandise that will require installation or attachment as part of the contract shall possess any licenses required. Contractor is not relieved of its obligation to obtain and possess the required licenses by subcontracting of the labor portion of the contract. Contractors are advised to contact the Arizona Registrar of Contractors, Chief of Licensing, to ascertain licensing requirements for a particular contract. Contractor shall identify which license(s), if any, the Registrar of Contractors requires for performance of the contract.

4.20 SUBCONTRACTING

4.20.1 The contractor may not assign to another contractor or subcontract to another party for performance of the terms and conditions hereof without the written consent of the County. All correspondence authorizing subcontracting must reference the bid serial number and identify the job or project.

4.20.2 The subcontractor’s rate for the job shall not exceed that of the prime contractor’s rate, as bid in the Pricing Sheet, unless the prime contractor is willing to absorb any higher rates. The subcontractor’s invoice shall be invoiced directly to the prime contractor, who in turn shall pass-through the costs to the County, without mark-up. A copy of the subcontractor’s invoice must accompany the prime contractor’s invoice.

4.21 AMENDMENTS

All amendments to this contract…