3520023392i-revised-2025-11-19-changes-tracked.pdf

3520023392i (Revised 2025-11-19)

Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717

Invitation for Bids (Revised 11/19/25)

BID OPENING

DATE: December 4, 2025

TIME: 1:30 P.M. ET

TITLE: Group 35200 – Firearms, Ammunition, and Less- Lethal Products (Statewide)

SOLICITATION NUMBER: 23392 Classification Codes: 12, 46

CONTRACT

PERIOD:

Five (5) years from the date of OSC approval, whichever is later, with renewal options for up to three (3) additional years.

DESIGNATED CONTACTS: In accordance with the Procurement Lobbying Law [State Finance Law § 139-j(2)(a)], the following individuals are the Designated Contacts for this Solicitation.

All questions relating to this Solicitation must be addressed to the Designated Contacts.

Email Address: OGS.sm.SSTSafetySecurity@ogs.ny.gov Daniel Iskaros Contract Management Specialist Phone: (518) 473-4273 Email: OGS.sm.SSTSafetySecurity@ogs.ny.gov

Jennifer Stafford Team Leader Phone: (518) 473-7145 Email: OGS.sm.SSTSafetySecurity@ogs.ny.gov

Bidder’s Federal Tax Identification Number:

(Do Not Use Social Security Number) NYS Vendor Identification Number:

(See New York State Vendor File Registration Clause)

Legal Business Name of Company Bidding:

D/B/A – Doing Business As (if applicable):

Street

City State County Zip Code

Email Address: Company Web Site:

If applicable, place an “x” in the appropriate box(es) (check all that apply)

NYS Small Business # Employees

Service Disabled Veteran Owned Business

NYS Minority Owned Business

NYS Women Owned Business

If you are not bidding, place an “x” in the box and return this page only.

WE ARE NOT BIDDING AT THIS TIME BECAUSE:

OGS Use Only: # of Binders/Packages: # of USB Flash Drives Documented by:

mailto:customer.services@ogs.ny.gov mailto:OGS.sm.SSTSafetySecurity@ogs.ny.gov mailto:OGS.sm.SSTSafetySecurity@ogs.ny.gov mailto:OGS.sm.SSTSafetySecurity@ogs.ny.gov

Solicitation 23392 – Firearms, Ammunition, and Less-Lethal Products (Statewide) PAGE 2

Bidder Certification and Affirmation

Bidder certifies and affirms as follows:

1. This Bid is an irrevocable offer for one hundred and twenty (120) days from the date of submission to the New York State (“NYS”) Office of General Services (“OGS”), or for such longer period as is set forth in the Invitation for Bids.

2. The Bidder can and will provide and make available, at a minimum, the Products, deliverables and/or services as described in the Invitation for Bids.

3. The Bidder has read and understands the provisions of the Invitation for Bids, and all appendices, attachments, and exhibits attached thereto, including Appendix A – Standard Clauses for New York State Contracts and Appendix B – General Specifications.

4. The information contained in this Bid is complete, true, and accurate.

5. The Bidder understands and agrees to comply with the requirements of the Procurement Lobbying Law, State Finance Law § 139-j and § 139-k, and with OGS’s procedures relating to permissible contacts during a procurement as required by State Finance Law § 139-j(3) and § 139-j(6)(b). Such requirements and procedures are posted at https://ogs.ny.gov/acpl.

The signer affirms under penalties of perjury that he or she is duly authorized to legally bind the Bidder referenced above and that he or she signed this Bidder Certification as the legally binding act of the Bidder.

Print Full Bidder Entity Name

By:

Signature of Person Authorized to Legally Bind the Bidder

Print Name of Signatory

Print Title of Signatory

Date

RETURN THIS PAGE AS PART OF BID

https://ogs.ny.gov/acpl

Solicitation 23392 – Firearms, Ammunition, and Less-Lethal Products (Statewide) PAGE 3

CONTENTS

1. INTRODUCTION

1.1 Overview

1.2 Scope

1.3 Estimated Quantities

1.4 Key Events/Dates

1.5 Pre-Bid Conference

1.6 NYS Contract Reporter

1.7 Bidder Questions

1.8 NYS Comptroller Approval

1.9 Summary Of Policy and Prohibitions On Procurement Lobbying

1.10 Definitions

1.11 Appendices and Attachments

1.12 Conflict of Terms

2. BIDDER QUALIFICATIONS

3. SPECIFICATIONS

4. BID SUBMISSION

4.1 Performance and Bid Bonds

4.2 NYS Vendor File Registration

4.3 Format of Bid Submission

4.4 Content

4.5 Bid Pricing Submittal

4.6 Bid Envelopes and Packages

4.7 Bid Delivery

4.8 Important Building Access Procedures

4.9 NYS Required Certifications

4.10 Manufacturer’s Certificate

4.11 Bid Deviations

4.12 Bid Opening Results

4.13 Bid Liability

4.14 Firm Offer

4.15 NYS Reserved Rights

4.16 Incorporation

5. METHOD OF AWARD

5.1 Award Overview

5.2 Periodic Recruitment

5.3 Procurement Instructions for Authorized Users

5.4 Notification of Award

6. TERMS AND CONDITIONS

Solicitation 23392 – Firearms, Ammunition, and Less-Lethal Products (Statewide) PAGE 4

6.1 Contract Term and Extensions

6.2 Short Term Extension

6.3 Price

6.4 Price Updates

6.5 Pricelist Update Format

6.6 Contract Pricelist Updates Reserved Rights

6.7 Best Pricing Offer

6.8 Dealers/Distributors

6.9 Product Inspection and Acceptance Period

6.10 Trade-In Items

6.11 Price Structure

6.12 Ordering

6.13 Minimum Order

6.14 Invoicing and Payment

6.15 Credit For Trade-In Items

6.16 Product Delivery

6.17 Product Returns and Exchanges

6.18 Contract Administration

6.19 NYS Financial System (SFS)

6.20 N.Y. State Finance Law § 139-l

6.21 Insurance

6.22 Report of Contract Usage

6.23 Contractor Requirements and Procedures for Participation by New York State Certified Minority- and

Women-Owned Business Enterprises and Equal Employment Opportunities for Minority Group Members and Women

6.24 Participation Opportunities For New York State Certified Service-Disabled Veteran Owned Businesses

6.25 Bulk Delivery and Alternate Packaging

6.26 Surplus/Take-Back/Recycling

6.27 Environmental Sustainability and NYS Executive Order Number 22

6.28 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment

6.29 Overlapping Contract Products

6.30 NYS Vendor Responsibility

6.31 NYS Tax Law Section 5-a

6.32 “OGS or Less” Guidelines

6.33 Non-State Agencies Participation in Centralized Contracts

6.34 Extension of Use

6.35 New Accounts

6.36 Centralized Contract Modifications

Solicitation 23392 – Firearms, Ammunition, and Less-Lethal Products (Statewide) PAGE 5

6.37 Traffic Infractions

6.38 Instruction Manuals

6.39 Manufacturer’s Instructions for Armorers

6.40 Contract Documents; Electronic Format

6.41 Purchasing Card Orders

APPENDICES

Appendix A – Standard Clauses for New York State Contracts (June 2023) Appendix B – General Specifications (April 2016) Appendix C – Federal Funding Agency Mandatory Terms and Conditions (October 2023) Appendix D – Contract Modification Procedure

ATTACHMENTS

Attachment 1 – Pricing (Revised 11/19/2025) Attachment 2 – NYS Required Certifications (Revised 11/13/2025) Attachment 3 – Encouraging Use of New York State Businesses in Contract Performance Attachment 4 – Insurance Requirements Attachment 5 – Bidder Information Questionnaire Attachment 6 – Bidder Submission Checklist (Revised 11/19/2025) Attachment 7 – Bidder Questions Form Attachment 8 – Report of Contract Usage Attachment 9 – Certification Under Executive Order No. 16 Attachment 10 – Manufacturer’s Certificate Attachment 11 – Product Detailed Specifications Attachment 12 – Trade-In Itemization Form Attachment 13 – Contractor/Dealer/Distributor Information Attachment 14 – How To Use

Solicitation 23392 – Firearms, Ammunition, and Less-Lethal Products (Statewide) PAGE 6

1. INTRODUCTION

1.1 Overview

This Solicitation is issued by the New York State (“NYS”) Office of General Services (“OGS”), Procurement Services for Firearms, Ammunition, and Less-Lethal Products (Statewide) as specified herein for all Authorized Users eligible to make purchases under the Contracts resulting from this Solicitation.

This Solicitation outlines the terms and conditions, and all applicable information required for submitting a Bid.

Bidders should pay strict attention to the Bid submission date and time to prevent disqualification. Bidders are strongly encouraged to read the language of this Solicitation thoroughly and to precisely follow the instructions included in the Solicitation and all attachments.

The purpose of this Solicitation and the resultant Contracts is to provide Authorized Users with a means of acquiring Firearms, Ammunition, and Less-Lethal Products. This Solicitation contains a total of nine (9) Lots, which are described in further detail below in Solicitation Section 1.2 Scope, and in Attachment 1 – Pricing (Revised 11/19/2025). A Bidder is not required to Bid on all Lots.

Each Product Line within a Lot will be awarded in accordance with Solicitation Section 5 Method of Award. For a successful Bidder who is awarded more than one Product Line, a single Contract will be issued to house all the awarded Product Lines.

1.2 Scope

A. The Products included in this Solicitation are divided into the following nine (9) Lots:

• Lot 1 – Firearms and Accessories

• Lot 2 – Live Ammunition

• Lot 3 – Less-Lethal Ammunition

• Lot 4 – Restraints

• Lot 5 – Batons and Baton Holders

• Lot 6 – Holsters, Duty Belts and Related Holders

• Lot 7 – Training Aids and Accessories

• Lot 8 – Less-Lethal Gases and Grenades

• Lot 9 – Firearms Optics and Accessories

Note that a Bidder is not required to Bid on all Lots; a Bidder may Bid on as few or as many Lots as desired.

Exclusions:

• Body cameras, related accessories, and related connectivity are excluded generally from the scope of this Solicitation.

• Protective gear is excluded generally from the scope of this Solicitation.

B. The scope of each Lot within this Solicitation and the resultant Contracts, is set forth below:

• Lot 1 – FIREARMS AND ACCESSORIES This Lot is for the acquisition of firearms and applicable accessories. The firearms in this Lot are limited to the Manufacturer’s Law Enforcement (LE) Product Line and accessories, and Sporting Arms Product Line and accessories. The applicable Manufacturer’s accessories for firearms may include, but are not limited to, gun parts, magazines, and cleaning kits.

Exclusion(s): Firearm optics and accessories (See Lot 9).

• Lot 2 – LIVE AMMUNITION This Lot is for the acquisition of live ammunition, including, but not limited to, cartridges or shells that are fully functional and ready to be fired from a firearm containing a bullet, gunpowder, and a primer.

• Lot 3 – LESS-LETHAL AMMUNITION

Solicitation 23392 – Firearms, Ammunition, and Less-Lethal Products (Statewide) PAGE 7

This Lot is for the acquisition of less-lethal ammunition including, but not limited to, blank rounds, training markers, applicable magazines, conversion kits, and kinetic impact projectiles and related projectile launchers.

• Lot 4 – RESTRAINTS

This Lot is for the acquisition of physical restraints including, but not limited to, handcuffs, leg irons, and waist/belt chains.

• Lot 5 – BATONS AND BATON HOLDERS

This Lot is for the acquisition of several types of tactical batons including, but not limited to, straight, side handle, or expandable models. This Lot also includes baton holders.

Exclusion(s): Baton holders with body camera technology.

• Lot 6 – HOLSTERS, DUTY BELTS AND RELATED HOLDERS

This Lot is for the acquisition of holsters and duty belts. This Lot includes, but is not limited to, slings, and pouches, and/or holders that attach directly to the duty belt.

Exclusion(s): Holsters with body camera technology and pouches and/or holders that do not directly attach to the duty belt.

• Lot 7 – TRAINING AIDS AND ACCESSORIES This Lot is for the acquisition of training aids including, but not limited to, practice weapons (e.g. firearm, taser, and OC spray replicas) and practice ammunition (e.g. blank, man/non marking, inert rounds, and dummy rounds).

• Lot 8 – LESS-LETHAL GASES AND GRENADES This Lot is for the acquisition of 2-chlorobenzylidene malononitrile (CS), Chloroacetophenone (CN), and Oleoresin Capsicum (OC) chemical gases for riot and crowd control, personal defense, and tactical deployment. This Lot also includes, but is not limited to, flash, sound, and smoke grenades and Products associated with the use and deployment of the gases and grenades, such as launchers.

Exclusion(s): Lethal grenades such as incendiary, offensive, and fragmentation.

• Lot 9 – FIREARM OPTICS AND ACCESSORIES

This Lot is for the acquisition of firearm optics including, but not limited to, scopes and sights. This Lot also includes related optic accessories including, but not limited to, lens covers and mounting kits.

1.3 Estimated Quantities

A Contract resulting from this Solicitation shall be an estimated quantity Contract. No specific quantities are represented or guaranteed, and the State provides no guarantee of individual Authorized User participation. The Contractor must furnish all quantities actually ordered at or below the Contract prices. The anticipated dollar value of the award for this Solicitation, based on historical purchases under previous awards, is approximately $1,000,000.00 annually. The individual value of each resultant Contract is indeterminate and will depend upon the number of Contracts issued and the competitiveness of the pricing offered. Authorized Users will be encouraged to purchase from Contractors who offer the Products and pricing that best meet their needs in the most practical and economical manner. See Appendix B Estimated/Specific Quantity Contracts and Participation in Centralized Contracts.

Numerous factors could cause the actual quantities of Products purchased under a Contract resulting from this Solicitation to vary substantially from the estimates in the Solicitation. Such factors include, but are not limited to, the following:

• Such Contracts may be non-exclusive Contracts.

• There is no guarantee of quantities to be purchased, nor is there any guarantee that demand will continue in any manner consistent with previous purchases.

• The individual value of each Contract is indeterminate and will depend upon actual Authorized User demand and actual quantities ordered during the contract period.

Solicitation 23392 – Firearms, Ammunition, and Less-Lethal Products (Statewide) PAGE 8

• The State reserves the right to terminate any Contract for cause or convenience prior to the end of the term pursuant to the terms and conditions of the Contract.

• Contract pricing that is lower than anticipated could result in a higher quantity of purchases by Authorized Users than anticipated.

• Contract pricing that is higher than anticipated could result in a lower quantity of purchases by Authorized Users than anticipated.

By submitting a Bid, Bidder acknowledges the foregoing and agrees that actual good faith purchasing volumes during the term of the resulting Contracts could vary substantially from the estimates provided in this Solicitation.

1.4 Key Events/Dates

Event Date Time IFB Release October 17, 2025 N/A

Closing Date for First Round of Bidder Questions October 24, 2025 5:00 PM ET

OGS Procurement Services’ Responses to First Round of Bidder Questions

November 713, 2025 (tentative) N/A

Bid Opening / Due date for Bids December 4, 2025 1:30 PM ET

Contract Approval Date / Award Publish Date Upon OSC Approval N/A

1.5 Pre-Bid Conference

There is no pre-bid conference for this Solicitation.

1.6 NYS Contract Reporter

Bidders must register with the New York State Contract Reporter (“NYSCR”) at https://www.nyscr.ny.gov in order to receive notifications about this Solicitation. Navigate to the “I want to find contracts to bid on” page to register for your free account. In order to receive e-mail notifications regarding updates to the content or status of a particular ad, you must “bookmark the ad” on the upper right hand side of the ad, then return to your Account, view your list of bookmarked ads, and then select “send me notification updates” option listed to the right of the

ad. Answers to all questions of a substantive nature will be posted in the form of a question and answer document and released through the NYSCR. Any updates to Solicitation documents will also be posted and released through the NYSCR.

If you do not opt-in to receive notification updates regarding a particular ad, you will not receive e-mail notifications regarding updates, including e-mail notifications regarding the posting of the question and answer document and updates to Solicitation documents.

Be advised that submission of responses to the Solicitation that do not reflect and take into account updated information may result in your Bid being deemed non-responsive to the Solicitation.

1.7 Bidder Questions

All questions regarding this Solicitation should be submitted using Attachment 7 – Bidder Questions Form, citing the applicable Solicitation document name and document section. The completed form must be emailed to ogs.sm.SSTSafetySecurity@ogs.ny.gov by the date and time indicated in Section 1.4 Key Events/Dates.

Questions submitted after the deadline indicated may not be answered. A Bidder is strongly encouraged to submit questions as soon as possible. Answers to all questions of a substantive nature will be provided to all prospective Bidders in the form of a question and answer document which will be posted to the OGS website and will not identify the Bidder asking the question. Notification of this posting will be advertised in the NYS Contract Reporter (“NYSCR”). Your company must select the “opt-in” option within the Contract Reporter ad to receive notification updates of this Solicitation.

http://www.nyscr.ny.gov/ mailto:ogs.sm.SSTSafetySecurity@ogs.ny.gov

Solicitation 23392 – Firearms, Ammunition, and Less-Lethal Products (Statewide) PAGE 9

If a Bidder intends to submit a Bid that deviates from the requirements of the Solicitation in any way, the proposed Bid Deviations should be submitted during the Questions period so that they may be given due consideration prior to the submission of Bids. See Bid Deviations for additional information.

1.8 NYS Comptroller Approval

In accordance with Section 112 of the State Finance Law, a Contract resulting from this Solicitation shall not be valid, effective or binding upon the State until such Contract has been approved by the Office of the New York State Comptroller (“OSC”). Purchase orders or other procurement transactions issued under such Contract(s) may also be subject to OSC approval.

1.9 Summary Of Policy and Prohibitions On Procurement Lobbying Pursuant to State Finance Law § 139-j and § 139-k, this Solicitation includes and imposes certain restrictions on communications between OGS and a Bidder during the procurement process. A Bidder is restricted from making contacts from the earliest posting, on a governmental entity’s website, in a newspaper of general circulation, or in the procurement opportunities newsletter of intent to solicit offers/Bids through final award and approval of the Procurement Contract by OGS and, if applicable, the Office of the State Comptroller (“restricted period”) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law § 139-j(3)(a). Designated staff, as of the date hereof, are identified on the first page of this Solicitation. OGS employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Bidder pursuant to State Finance Law §139-j and §139-k. Certain findings of non-responsibility can result in rejection for Contract award and, in the event of two findings within a four-year period, the Bidder is debarred from obtaining governmental Procurement Contracts for four years. Further information about these requirements can be found on the OGS website at:

https://ogs.ny.gov/acpl/

1.10 Definitions

Capitalized terms used in this Solicitation and the resultant Contract(s) shall be defined in accordance with Appendix B Definitions, or as below.

“Authorized User” shall refer to entities that meet the definition in Appendix B Definitions and are comprised of “Police Officer(s)” as defined by subdivision 34 of §1.20 of the New York State Criminal Procedure Law and/or “Peace Officer(s)” as defined in §2.10 of the New York State Criminal Procedure Law.

“Bid Deviation” shall refer to any variance submitted or proposed by a Bidder, which deviates from, adds extraneous terms to, conflicts with or offers an alternative to any term, condition, specification, or requirement of the Solicitation.

“Bulkload State Agency” shall refer to any State agency that does not directly input financial information into SFS; but instead, transfers financial information through a bulkload transaction interface process. Through this process, an internal agency system electronically transmits data to the SFS and the SFS creates data extract files to send back to the internal agency system.

“Business Day(s)” shall refer to Monday through Friday from 8:00 AM – 5:00 PM ET, excluding NYS Holidays and federal holidays.

“Dealers” shall refer to retailers who usually purchase from Distributors and sell to the public. Dealers are authorized/designated by a Manufacturer to be an alternate distribution source for that Manufacturer, subject to approval by OGS, Procurement Services.

“Distributors” shall refer to wholesalers who may sell to Dealers and to the public. Distributors are authorized/designated by a Manufacturer to be an alternate distribution source for that Manufacturer, subject to approval by OGS, Procurement Services.

“FET/FAET” shall refer to the federal Firearms and Ammunition Exercise Tax.

“F.O.B” shall refer to the acronym for Free on Board.

https://ogs.ny.gov/acpl/

Solicitation 23392 – Firearms, Ammunition, and Less-Lethal Products (Statewide) PAGE 10

“Industrial Funding Fee (IFF)” shall refer to the mandatory 0.75% fee that GSA Schedule contractors pay on their GSA contract sales to cover the General Services Administration's operating costs for the Federal Supply Schedules Program.

“List Price/MSRP” shall refer to the published or displayed price at which a Manufacturer recommends their Products be sold commercially. This applies even if the Manufacturer names this recommended pricing differently.

“Lot” shall refer to the designation of the nine (9) categories of Products within scope of this Solicitation.

“Manufacturer” shall refer to any individual, trust, estate, partnership, association, company, or corporation who produces a taxable article from scrap, salvage, or junk material, or from new or raw material, by processing, manipulating, or changing the form of an article or by combining or assembling two or more articles. The term also includes a “producer” and an “importer.”

“Manufacturer’s Nationally Published Price List” shall refer to the document published or issued in some form by the Manufacturer, which is available to and recognized by the trade, and contains the Manufacturer’s part number, Product description, and List Price/MSRP.

“MWBE” shall refer to a business certified with NYS Empire State Development (“ESD”) as a Minority- and/or Women-owned Business Enterprise.

“Non-State Authorized User” shall refer to any Authorized User defined in Appendix B Definitions except for a New York State Agency.

“NYS Holidays” shall refer to the legal holidays for State employees in the classified service of the executive branch, as more particularly specified on the website of the NYS Department of Civil Service. This includes the following: New Year’s Day; Dr. Martin Luther King, Jr. Day; Washington’s Birthday (observed); Memorial Day;

Juneteenth; Independence Day; Labor Day; Columbus Day; Veterans’ Day; Thanksgiving Day; and Christmas Day.

“NYS Net Pricing” shall refer to the quantifiable not-to-exceed price for all Products offered, computed by multiplying the List Price/MSRP by the Percentage Discount.

“NYS Vendor ID” shall refer to a unique ten-character identifier issued by the NYS Office of the State Comptroller (OSC) when the vendor is registered on the Vendor File System.

“Online State Agency” shall refer to State agencies that input financial information data directly into SFS.

“Percentage Discount” shall refer to an allowance, reduction, or deduction from the List Price/MSRP, expressed as a percentage rounded to two decimal points e.g. 10.25%, that is used in the calculation of the NYS Net Pricing.

“Preferred Source Products” shall refer to those Products that have been approved in accordance with New York State Finance Law § 162.

“Preferred Source Program” shall refer to the special social and economic goals set by New York State in State Finance Law § 162 that require a governmental entity purchase select Products from designated organizations when the Products meet the “form, function and utility” requirements of the governmental entity. Under State Finance Law § 163, purchases of Products from Preferred Sources are given the highest priority and are exempt from the competitive bidding requirements. The New York State Preferred Sources include: The Correctional Industries Program of the Department of Corrections and Community Supervision (“Corcraft”); New York State Preferred Source Program for People Who Are Blind (“NYSPSP”); and the New York State Industries for the Disabled (“NYSID”). These requirements apply to State Agencies, political subdivisions and public benefit corporations (including most public authorities).

Solicitation 23392 – Firearms, Ammunition, and Less-Lethal Products (Statewide) PAGE 11

“Procurement Services” shall refer to a business unit of OGS, formerly known as New York State Procurement (“NYSPro”) and Procurement Services Group (“PSG”).

“Product Line” shall refer to a group of similar or related Products manufactured by a single Manufacturer and identified by a particular name or single brand.

“RFQ” shall refer to an acronym for Request for Quote.

“SDVOB” shall refer to a NYS-certified Service-Disabled Veteran-Owned Business.

“SFS” shall refer to an acronym for Statewide Financial System.

1.11 Appendices and Attachments

The following appendices and attachments, attached hereto, are hereby expressly made a part of this Solicitation as fully as if set forth at length herein.

Appendix A – Standard Clauses for New York State Contracts (June 2023) Appendix B – General Specifications (April 2016) Appendix C – Federal Funding Agency Mandatory Terms and Conditions (October 2023) Appendix D – Contract Modification Procedure Attachment 1 – Pricing (Revised 11/19/2025) Attachment 2 – NYS Required Certifications (Revised 11/13/2025) Attachment 3 – Encouraging Use of New York State Businesses in Contract Performance Attachment 4 – Insurance Requirements Attachment 5 – Bidder Information Questionnaire Attachment 6 – Bidder Submission Checklist (Revised 11/19/2025) Attachment 7 – Bidder Questions Form Attachment 8 – Report of Contract Usage Attachment 9 – Certification Under Executive Order No. 16 Attachment 10 – Manufacturer’s Certificate Attachment 11 – Product Detailed Specifications Attachment 12 – Trade-In Itemization Form Attachment 13 – Contractor/Dealer/Distributor Information Attachment 14 – How To Use

1.12 Conflict of Terms

Conflicts among the documents shall be resolved in the following order of precedence:

1. Appendix A – Standard Clauses for New York State Contracts (June 2023);

2. Appendix C – Federal Funding Agency Mandatory Terms and Conditions (October 2023);

3. The Solicitation;

4. Appendix B – General Specifications (April 2016);

5. All other appendices and attachments to the Solicitation.

Solicitation 23392 – Firearms, Ammunition, and Less-Lethal Products (Statewide) PAGE 12

2. BIDDER QUALIFICATIONS

Bidder is advised that the State’s intent in having the requirements listed below is to ensure that only qualified and reliable Contractors perform the work of the resulting Contract. Bidder shall have the burden of demonstrating to the satisfaction of Procurement Services that it can perform the work required. Procurement Services retains the right to request any additional information pertaining to the Bidder's ability, qualifications, financial capacity, financial stability, and procedures used to accomplish all work under the resulting Contract as it deems necessary to ensure safe and satisfactory work. A Bidder shall meet the following qualifications:

Bids will be accepted only from Manufacturers or their authorized Dealers or Distributors as follows:

A. Lots 1 and 2 Bidders must:

1. be either a Manufacturer or authorized Distributor (Bids will not be accepted from Dealers); and

2. be authorized to sell firearms (Lot 1)/ ammunition (Lot 2) in NYS exempt from FET/FAET, state, and local taxes.

B. Lots 3 through 9 Bidders may either be a Manufacturer or their authorized Dealer or Distributor.

Dealers or Distributors who submit Bids must demonstrate they are authorized by providing a Manufacturer’s Certificate(s) (Attachment 10 – Manufacturer’s Certificate) for the Product Line(s) offered. See Solicitation Section

4.10 Manufacturer’s Certificate.

3. SPECIFICATIONS

A. All Product(s) offered must meet all standards applicable to the Product's intended use in addition to the following requirements:

1. All Products offered must be new, not remanufactured, not seconds, and not surplus.

2. All Products offered under Lot 2 – Live Ammunition must not exceed the maximum chamber pressure levels established by the Sporting Arms and Ammunition Manufacturers Institute (SAAMI) and must meet all other applicable SAAMI standards. The following link is to the federal SAAMI standards: https://saami.org/technical-information/ansi-saami-standards/

3. For Products offered under Lot 4 – Restraints, the standard handcuffs and leg irons must be constructed of stainless steel and must be provided with a minimum of two keys.

4. For Products offered under Lot 8 – Less-Lethal Gases and Grenades, the gases must meet the current federal standards set by the National Institute of Justice (NIJ): NIJ Standard 0110.00 for Hand-Held Aerosol Tear Gas Weapons; NIJ Standard 0111.00 for Barrier-Penetrating Tear Gas Munitions. The following link is to the NIJ Standards:

https://www.nij.gov/topics/technology/standards-testing/Pages/active.aspx

B. Bidders are required to submit a completed Attachment 11 – Product Detailed Specifications with their

Bids.

1. All Bidders must complete the “Specifications” sheet of Attachment 11 - Product Detailed Specifications listing the applicable federal standard(s) associated with the Product and a direct weblink to the standard(s). If no such standard exists for the Product, then the Bidder is required to list the Manufacturer's specifications for the Product and provide a direct website link to the Manufacturer's specifications.

2. Bidders offering Lot 2 and Lot 8 Products must complete the “Manufacturer’s Attestation” sheet of

Attachment 11 - Product Detailed Specifications to demonstrate that the Product(s) and/or unique model(s) offered meet the applicable standard in Solicitation Section 3 Specifications.

https://saami.org/technical-information/ansi-saami-standards/ https://www.nij.gov/topics/technology/standards-testing/Pages/active.aspx

Solicitation 23392 – Firearms, Ammunition, and Less-Lethal Products (Statewide) PAGE 13

3. Failure to submit any of the product information as required may result in rejection of the Bid.

4. OGS Procurement Services may require additional documentation to determine that a Bidder’s offer meets the detailed specifications. The State reserves the right to request any additional information deemed necessary for the proper evaluation of Bid offer. The Bidder will be given a date by which the requested documents must be provided. If the Bidder fails to submit the documentation by the deadline and an extension is not granted, the Bid may be considered non-responsive.

4. BID SUBMISSION

4.1 Performance and Bid Bonds

There are no bonds for this Contract. The Commissioner of OGS has determined that no performance, payment or Bid bond, or negotiable irrevocable letter of credit or other form of security for the faithful performance of the Contract is required at any time during the term of the resulting Contract.

4.2 NYS Vendor File Registration

Prior to being awarded a Contract pursuant to this Solicitation, the Bidder and any authorized resellers who accept payment directly from the State, must be registered in the New York State Vendor File (Vendor File) administered by the Office of the State Comptroller (OSC). This is a central registry for all vendors who do business with New York State Agencies and the registration must be initiated by a State Agency. Following the initial registration, a unique New York State ten-digit vendor identification number (NYS Vendor ID) will be assigned to your company and to each of your authorized resellers (if any) for use on all future transactions with New York State. Additionally, the Vendor File enables a vendor to use the Vendor Self-Service application to manage all vendor information in one central location for all transactions related to the State of New York.

If Bidder is already registered in the New York State Vendor File, the Bidder must enter its Vendor ID on the first page of this Solicitation. Authorized resellers already registered should list the Vendor ID number along with the authorized reseller information. (The Vendor ID number is not the same as a SOCIAL SECURITY NUMBER or a TIN/FEIN number.)

If the Bidder is not currently registered in the Vendor File, the Bidder must request assignment of a Vendor ID from OGS. Bidder must complete the OSC Substitute W-9 Form (http://www.osc.state.ny.us/vendors/forms/ac3237s_fe.pdf) and submit the form to OGS in advance of Bid submission. Please send this document to the Designated Contact identified in the Solicitation. In addition, if an authorized reseller is to be used that does not have a Vendor ID, an OSC Substitute W-9 form should be completed by each authorized reseller and submitted to OGS. OGS will initiate the vendor registration process for all Bidders and authorized resellers. Once the process is initiated, registrants will receive an e-mail identifying their Vendor ID and instructions on how to enroll in the online Vendor Self-Service application.

For more information on the Vendor File please visit the following website: https://osc.state.ny.us/vendors/

4.3 Format of Bid Submission

A. The complete Bid package must be received by OGS Procurement Services by the date and time of the Bid

Opening. Late Bids shall be handled in accordance with Appendix B Late Bids. Any Bid pricing or portions thereof submitted on USB flash drive that are incomplete or that cannot be opened/accessed may be rejected. With respect to any Bid documents in Excel format, only those cells provided for entering Bid pricing and information are to be accessed by the Bidder. Situations susceptible to Disqualification may include:

1. E-mail or facsimile Bid submissions are not acceptable, and

2. Absent Price Pages (Attachment 1 – Pricing) (Revised 11/19/2025) are not acceptable.

B. It is recommended that the Bidder open, review, and save/download all electronic files to the Bidder’s hard drive and/or to a secure back-up location. Only completed files (in the specified format) should be saved to a USB flash drive for submittal.

http://www.osc.state.ny.us/vendors/forms/ac3237s_fe.pdf https://osc.state.ny.us/vendors/

Solicitation 23392 – Firearms, Ammunition, and Less-Lethal Products (Statewide) PAGE 14

C. Any indicators or messages that have been built into the attachments are informational only and provided solely for the purpose of assisting Bidders in completing the attachments. The presence or absence of notes or indicators is not a determination by the State as to the sufficiency of the attachments with respect to the Solicitation requirements. Bidders remain responsible for reviewing the attachments to ensure compliance with the Solicitation requirements.

D. Bidders are responsible for the accuracy of their Bids. All Bidders are directed to take extreme care in developing their Bids. Bidders are cautioned to carefully review their Bids prior to Bid submission. A Bid that fails to conform to the requirements of the Solicitation may be considered non-responsive and may be rejected.

4.4 Content

A. A complete Bid consists of submission of the following documents (unless noted as “Not required to be submitted with the bid”). All documents must be completed in accordance with the instructions for the individual document, which may include an original signature or an original notarized signature. At this time, OGS cannot accept an electronic signature that has been generated by software (e.g., DocuSign or Adobe Acrobat Sign) for documents that are not designed to allow for or require an electronic signature. See also Attachment 6 – Bidder Submission Checklist (Revised 11/19/2025).

Bid Document

Required File

Format (Submit on

USB)

Paper also

Required (Submit printed copy)

1 Page 1 of the Solicitation PDF X

2 Page 2 of the Solicitation – Bidder Certification and Affirmation, with signature PDF

X

3 Appendix C – Federal Funding Agency Mandatory Terms and Conditions, with Section 10 completed (page 6) PDF

4 Appendix D – Contract Modification Procedure Not required to be submitted with the bid

5 Attachment 1 – Pricing (Revised 11/19/2025) (must be included with the Bid at the Bid Opening / Due date for Bids) Excel

5.1

A copy of a current contract with governmental entities (such as other NYS contracts, or contracts such as those with GSA, NASPO ValuePoint, Veteran’s Administration, Department of Defense or other state governments) showing that Bidder's pricing offered to NYS in this Solicitation is the same or better than pricing provided by Bidder in such contract to governmental entities. If NYS Net Pricing is based on a GSA Schedule or NASPO ValuePoint Contract, the GSA or NASPO ValuePoint pricing should also be submitted with the Bid. (See Section 4.5 Bid Pricing Submittal)

PDF / Excel

5.2

The applicable current Manufacturer’s Nationally Published Price List for each Product Line offered. All NYS Net Pricing shall be discounted from the Manufacturer’s Suggested Retail Price (List Price/MSRP) as listed in the current Manufacturer’s Nationally Published Price List for each Product Line offered. (See Section

4.5 Bid Pricing Submittal)

Excel

6 Attachment 2 – NYS Required Certifications, with signature (Revised 11/13/2025)

PDF

7 Attachment 3 – Encouraging Use of New York State Businesses in Contract Performance PDF

Solicitation 23392 – Firearms, Ammunition, and Less-Lethal Products (Statewide) PAGE 15

Bid Document

Required File

Format (Submit on

USB)

Paper also

Required (Submit printed copy)

8 Proof of Compliance with Attachment 4 – Insurance Requirements PDF 9 Attachment 5 – Bidder Information Questionnaire Excel

10 Attachment 6 – Bidder Submission Checklist (Revised 11/19/2025) Excel

11 Attachment 7 – Bidder Questions Form Not required to be submitted with the bid

12 Attachment 8 – Report of Contract Usage Not required to be submitted with the bid

13 Attachment 9 – Certification Under Executive Order 16, with Signature PDF

14 Attachment 10 – Manufacturer’s Certificate, if Bidder is a Dealer or Distributor PDF

15 Attachment 11 – Product Detailed Specifications Excel

16 Attachment 12 – Trade-In Itemization Form Not required to be submitted with the bid

17 Attachment 13 – Contractor/Dealer/Distributor Information Word

18 Attachment 14 – How To Use Not required to be submitted with the bid

EEO 100 – Equal Employment Opportunity Staffing Plan, with signature (see https://ogs.ny.gov/mwbe/forms under “Commodity & Service Contracts”)

PDF

Vendor Responsibility Questionnaire (copy of certification that a Questionnaire has been completed online, and certified no more than six (6) months prior to the bid opening date; see https://www.osc.state.ny.us/state-vendors/vendrep/file-your-vendor-responsibility-questionnaire)

ST-220-CA, Contractor Certification to Covered Agency, with signature and notary (see https://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf)

ST-220-TD, Contractor Certification, with signature and notary (see https://www.tax.ny.gov/pdf/current_forms/st/st220td_fill_in.pdf)

Must be submitted directly to the NYS Tax Department

23 Published “Bid Solicitation Updates” (if applicable), with signature PDF

B. Documents should be submitted as an electronic copy and in the format specified in the list above for each document (e.g., PDF, Excel), following the instructions provided in this section. Electronic copies of documents must be submitted on two (2) USB flash drives, with each USB flash drive containing a complete set of the submitted documents. For bid identification purposes, include a printed copy of page 1 of the Solicitation with the two (2) USB flash drives in the Bid envelope or package Bid (see 4.6 Bid Envelopes and Packages, below).

Electronic copies of documents provided in PDF format should be saved as an Adobe Acrobat PDF, AND THEN converted to allow for Optical Character Recognition (OCR) (see https://www.adobe.com/acrobat/how-to/ocr-software-convert-pdf-to-text.html).

C. OGS shall consider documents submitted on multiple USB flash drives to be equal, provided that the date/time modified is the same for documents that have the same file name. In the case of discrepancies https://ogs.ny.gov/mwbe/forms https://www.osc.state.ny.us/state-vendors/vendrep/file-your-vendor-responsibility-questionnaire https://www.osc.state.ny.us/state-vendors/vendrep/file-your-vendor-responsibility-questionnaire https://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf https://www.tax.ny.gov/pdf/current_forms/st/st220td_fill_in.pdf https://www.adobe.com/acrobat/how-to/ocr-software-convert-pdf-to-text.html https://www.adobe.com/acrobat/how-to/ocr-software-convert-pdf-to-text.html

Solicitation 23392 – Firearms, Ammunition, and Less-Lethal Products (Statewide) PAGE 16 between file names and date/time modified, the file with the most recent date/time modified shall take precedence.

D. Documents that are not indicated as “Original Also Required” in the above table should not be submitted in paper format and may not be reviewed by OGS if they are received. In the case of discrepancies between paper versions that are received (if applicable) and USB flash drive submissions of the documents submitted by the Bidder, the electronic USB flash drive copy shall take precedence over the paper version.

E. Bidder is responsible for retaining copies and original versions (if applicable), of all submitted bid documents until a determination of award is made. If an award is made to Bidder, the bid documents shall be retained by the Bidder for a period of six (6) years after the term of the contract has ended. Document retention for pre-and post-award includes both copies of electronic documents, and original paper documents with required original signatures that have been scanned and submitted electronically. Bidder shall submit such retained documents to OGS upon request.

4.5 Bid Pricing Submittal

A. Bid Pricing will be collected using Attachment 1 – Pricing (Revised 11/19/2025) in accordance with the “Bid

Pricing Instructions” sheet. Failure to provide Bid Pricing at the time of Bid Opening shall render the Bid non-responsive and result in either the rejection of the entire Bid or those particular Lot(s) or Product Lines where the Bidder did not provide pricing. Bid pricing submitted in a format other than Attachment 1 – Pricing (Revised 11/19/2025) may render the Bid non- responsive and may result in the Bid not being considered for award.

Attachment 1 – Pricing (Revised 11/19/2025) contains a total of nine (9) Lots. A Bidder is not required to bid on all Lots. A Bidder may bid on as few or as many Lots as desired. For any Lot bid, a Bidder may bid one (1) or more Product Line(s) from a single Manufacturer or multiple Manufacturers.

For any Lot bid, Bidders must offer a COMPLETE Manufacturer’s Product Line with all Products that fall within scope of this Solicitation. Incomplete, partial Product Lines, or selected Products from a Product Line will not be considered (except where the excluded products do not fall within the scope of this Solicitation).

Failure to offer the COMPLETE Manufacturer’s Product Line shall disqualify that that Product Line within that Lot from being considered for award; and may render the Bid non-responsive.

Bidder is required to include the applicable current Manufacturer’s Nationally Published Price List for each Product Line offered. All NYS Net Pricing shall be discounted from the Manufacturer’s Suggested Retail Price (List Price/MSRP) as listed in the current Manufacturer’s Nationally Published Price List for each Product Line offered.

For each Product Line offered, the Bidder will offer a single Percentage Discount for that Product Line greater than 0% and must not propose any markup or charge over the List Price/MSRP. Bidder may offer a different Percentage Discount for each Product Line bid.

For Lot 1 – Firearms and Accessories, a Bidder may offer Law Enforcement firearms as a separate Product Line from Law Enforcement firearm accessories; and Sporting Arms as a separate Product Line from Sporting Arms accessories, even if the Manufacturer does not. This separation of accessories from the Product Lines is required only for those bidding under Lot 1.

B. Price must include all customs, duties and charges (including shipping charges and handling charges), and be net, F.O.B. destination any point in New York State, including inside delivery.

New York State and local governments are exempt from FET/FAET and state and local sales taxes.

Sales by a manufacturer directly to New York State and local governments for the exclusive use of the State or local government are exempt from FET/FAET.

Solicitation 23392 – Firearms, Ammunition, and Less-Lethal Products (Statewide) PAGE 17

C. The Bidder must demonstrate reasonableness of price. To accompany Attachment 1 – Pricing (Revised 11/19/2025), for each Product Line bid, Bidder shall submit a copy of a current contract with governmental entities (such as other NYS contracts, or contracts such as those with GSA, NASPO ValuePoint, Veteran’s Administration, Department of Defense or other state governments) showing that Bidder's pricing offered to the State in this Solicitation is the same or better than pricing provided by Bidder in such contract to governmental entities. All Percentage Discounts and resulting NYS Net Pricing must not include the GSA Industrial Funding Fee (IFF) or other contract administration or use fees. Final determination for whether a Percentage Discount and the resulting NYS Net Pricing complies with this requirement resides solely with Procurement Services. Where Procurement Services determines a Bidder has included the IFF or other contract administration or use fees in its Percentage Discount and the resulting NYS Net Pricing, Procurement Services will either require the Bidder to increase the Percentage Discount to offset the fees or not award the particular Product Line to that Bidder.

If the Bidder is unable to offer the Percentage Discount to the State that is the same or better than given to other similarly-situated governmental entities, Bidder must provide a brief explanation in Attachment 5 – Bidder Information Questionnaire, “General Questions” sheet. It is within OGS’s discretion to determine whether the Percentage Discount and explanation provided by Bidder is reasonable. OGS reserves the right to request further information, such as copies of contracts with other governmental entities, to determine reasonableness of price.

Where a Bidder holds one or more active contracts with similarly situated government entities, and each active estimated quantity contract has a different Percentage Discount, the Bidder must offer NYS the most advantageous (highest) Percentage Discount from among all the Bidder’s active contracts with similarly situated governmental entities.

If the pricing structure on Bidder’s active contract with similarly situated government entities is not a Percentage Discount (discounted from List Price), but instead a different type of pricing structure (e.g.

discount from a different pricing point than List Price, a markup over cost, etc.), the Bidder must offer the State a Percentage Discount resulting in pricing that is the same or better than the pricing offered on the Bidder’s active contract as if the pricing structure on the Bidder’s current contract was a Percentage Discount.

In the event OGS determines a Bidder does not demonstrate reasonableness of price for a Product Line, Procurement Services will require the Bidder to offer NYS a Percentage Discount that complies with the provisions of this section. If the Bidder declines to offer this revised Percentage Discount, then Procurement Services will not award the Bidder the particular Product Line.

D. Bidder will enter into Attachment 1 – Pricing (Revised 11/19/2025) “Financial Offer”, the number of calendar days in which delivery is guaranteed after receipt of a Purchase Order to any Authorized User.

E. Bidder may offer cumulative statewide volume discounts that will be additional discounts applied to all future orders for all Authorized Users, based upon exceeding threshold quantities of individual items or over a specified dollar amount.

The Bidder should indicate the parameters for applying the volume discount(s) and indicate the volume discount(s) offered in the spaces provided on the “Financial Offer” sheet in Attachment 1- Pricing.

Volume discounts will not be considered in determining the best Percentage Discount Bid.

4.6 Bid Envelopes and Packages

All Bids should have a label on the outside of the envelope or package itemizing the following information:

1. BID ENCLOSED (preferably bold, large print, all capital letters)

2. Solicitation number 23392

3. Bid Opening Date and Time

4. The number of boxes or packages (e.g., 1 of 2; 2 of 2)

All Bids should also include a PRINTED copy of page 1 of the Solicitation, completed with the Bidder’s

Solicitation 23392 – Firearms, Ammunition, and Less-Lethal Products (Statewide) PAGE 18 information.