70-79000-26-02119_70-79000-26-02119 Law Enforcement Patrol Rifles, Etc..pdf.PDF

GSD/SPD (Rev. 12/2025)

Invitation to Bid – Price Agreement

ITB Number: 70-79000-26-02119 ITB Title: Law Enforcement Patrol Rifles, Suppressors & Accessories

Bid Responses Due:

Date: October 20, 2026 Time: 2:00pm Late submission of Bids Cannot be Accepted.

If you have questions regarding this ITB please contact: Arrianna Romero, Procurement Specialist Telephone No.: (505) 629-9756 Email: Arrianna.Romero1@gsd.nm.gov

Commodity Code(s): 68052, 68053, 68054, 68056, 58057, 68086, 93642

Formal Sealed Bid Opening, to occur immediately following the due date and time. See Page 2 for link Formal, sealed Bid Opening in person at the following location:

State Purchasing Division 1100 St. Francis Drive, 2nd Floor, Room 2004, Santa Fe New Mexico

If you are an individual with a disability and you require accommodations such as a hearing interpreter to attend our bid openings, please contact State Purchasing (505) 827-0472 at least five (5) working days prior to the scheduled bid opening.

ELECTRONIC BID SUBMISSIONS: A bidder is not required to submit a hard copy bid. Bidders may submit an electronic bid using the eProNM link provided below. Bidders submitting an electronic Bid are not required to complete or sign the section below. The information requested below will be captured through eProNM as part of the electronic Bid submission.

HARD COPY BID SUBMISSIONS ONLY - Bidder MUST complete the information below as applicable and sign the following in order for Bid to be valid (type or print clearly):

NM Vendor ID# (if applicable):_____________________ Remit Address: _______________________________ Company Name: _________________________________ ____________________________________________ DBA (if applicable): ______________________________ ____________________________________________ Sales Email: _____________________________________ Sales Phone No.: ______________________________ NM Tax Payer Identification Number:_________________ Federal Tax ID#: ______________________________

Authorized Signature: ______________________________ Print or Type Name: ____________________________

Payment terms: Net 30 F.O.B. Destination (unless otherwise indicated in the specifications) Delivery: As stated in specifications

Bids may be submitted electronically through eProNM at the following site:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico or may be submitted in a sealed envelope with the bid number and opening date clearly indicated on the bottom left hand side of the front of the envelope.

Failure to label bid envelope will necessitate the premature opening of the bid in order to identify the bid number.

Please see Bid Submission Instructions on page 2.

Bids are subject to the “Terms and Conditions,” shown on the attached pages of this document, and any additional bidding instructions or requirements. The Terms and Conditions shall not be modified or supplemented.

NOTE: if you decide not to bid, do not return this document.

A business eligible for a New Mexico/Native American Resident Preference (Preference) must obtain a Preference certificate from the NM Taxation & Revenue Department. In order for the appropriate Preference to be applied to this solicitation, the expenditure for this solicitation cannot involve federal funds, and Bidder must submit a copy of its Preference certificate along with its response to the solicitation. Applicable Preferences will be applied to monetary values only, in accordance with §13-1-21 NMSA 1978, not percentage discounts or other non-monetary values. Additionally, only one submitted Preference will be applied per solicitation, not multiple.

Applications are available for download at: http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx

State of New Mexico General Services Department

Purchasing Division ITB Price Agreement #70-79000-26-02119

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Technical Online Bidding Questions:

(505) 795-1894 or (800) 233-1121 or you can contact the Procurement Specialist.

Bidder Instructions for Invitation to Bid (ITB)

Viewing ITB:

1. Bidders can access active procurements at the following sites:

• https://www.generalservices.state.nm.us/statepurchasing/active-procurements.aspx

• https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico

2. Complete bid documents as required by the ITB Specifications, and submit any required documentation, supporting materials, certificates, etc. in addition to the bid documents.

Submitting Bids:

Complete bid documents as required by the ITB Specifications, and submit any required documentation, supporting materials, certificates, etc. in addition to the bid documents.

• Electronic submissions through eProNM at the following site:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico

• Bids will be time-stamped in the system when Bidder clicks “OK” after “Review and Submit.”

Such electronic submissions will be considered sealed bids in accordance with statute.

• If an amendment is processed after bid is submitted, Bidders must resubmit their bid in order for it to be considered fully submitted. Note: It is the responsibility of the Bidder to ensure bids are correct and accurate before submission. By bidding electronically, you acknowledge any and all amendments and it is your responsibility to ensure your bid corresponds with any amendments.

It is the Bidder’s responsibility to ensure all documents are completely uploaded and submitted electronically via the eProNM system by the deadline set forth in this ITB. The eProNM system will automatically cease uploading data at the date and time of the deadline. Please ensure that you, as the Bidder, allow adequate time for large uploads and to fully complete your submittal by the deadline. A submission that is not both: (1) fully complete; and (2) received, via the eProNM system by the deadline, will be deemed late. Further, a submission that is not fully complete and received via the eProNM system by the deadline because the response was captured, blocked, filtered, quarantined or otherwise prevented from reaching the proper destination server by any anti-virus or other security software will be deemed late. In accordance with statute and rule, NO LATE BID CAN

BE ACCEPTED.

Bid Opening:

Sealed bids will be publicly opened online via Microsoft Teams. Bids are subject to the “Terms and Conditions,” shown on the subsequent pages of this document, and any additional bidding instructions or requirements. NOTE: if you decide not to bid, do not return this ITB document.

Please join Bid Opening from your computer, tablet or smartphone: https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?conte xt=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250- 9e0b-4237-b5ee-d3e9e1e586fc%22%7d

Meeting ID: 210 089 867 732 Passcode: 4W2kXN Download Teams | Join on the web

Or call in (audio only) +1 505-312-4308,,45609571# United States, Albuquerque Phone Conference ID: 456 095 71# https://www.generalservices.state.nm.us/statepurchasing/active-procurements.aspx https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+15053124308,,45609571

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Terms and Conditions (Unless otherwise specified)

1. General: When the State Purchasing Agent or his/her designee issues a purchase document in response to the bid, a binding contract is created.

2. Variation in Quantity: No variation in the quantity of any item called for by this order will be accepted unless such variation has been caused by conditions of loading, shipping, packing or allowances in manufacturing process and then only to the extent, if any, specified in this order.

3. Assignment:

a. Neither the order, nor any interest therein, nor any claim thereunder, shall be assigned or transferred by the Contractor, except as set forth in Subparagraph 3b or as expressly authorized in writing by the State Purchasing Agent or his/her designee. No such assignment or transfer shall relieve the Contractor from the obligations and liabilities under this order.

b. Contractor agrees that any and all claims for overcharge resulting from antitrust violations which are borne by the State as to goods, services, and materials purchased in connection with this bid are hereby assigned to the State.

4. State Furnished Property: State furnished property shall be returned to the State upon request in the same condition as received except for ordinary wear, tear and modifications ordered hereunder.

5. Discounts: Prompt payment discounts will not be considered in computing the low bid.

6. Inspection: Final inspection and acceptance will be made at the destination. Supplies rejected at the destination for nonconformance with specifications shall be removed at the Contractor's risk and expense, promptly after notice of rejection.

7. Inspection of Plant: The State Purchasing Agent or his/her designee may inspect, at any reasonable time, the part of the Contractor's, or any subcontractor's plant or place of business, which is related to the performance of this contract.

8. Commercial Warranty: The Contractor agrees that the supplies or services furnished under this order shall be covered by the most favorable commercial warranties the Contractor gives for such to any customer for such supplies or services.

The rights and remedies provided herein shall extend to the State and are in addition to and do not limit any rights afforded to the State by any other clause of this order. Contractor agrees not to disclaim warranties of fitness for a particular purpose of merchantability.

9. Taxes: The unit price shall exclude all state taxes.

10. Packing, Shipping and Invoicing:

a. The State's purchasing document number and the Contractor's name, user's name and location shall be shown on each packing and delivery ticket, package, bill of lading and other correspondence in connection with the shipments.

The user's count will be accepted by the Contractor as final and conclusive on all shipments not accompanied by a packing ticket.

b. The Contractor's invoice shall be submitted duly certified and shall contain the following information: order number, description of supplies or services, quantities, unit price and extended totals. Separate invoices shall be rendered for each and every complete shipment.

c. Invoices must be submitted to the using agency and NOT the State Purchasing Agent.

11. Default: The State reserves the right to cancel all or any part of this order without cost to the State, if the Contractor fails to meet the provisions of this order and, except as otherwise provided herein, to hold the Contractor liable for any excess cost occasioned by the State due to the Contractor's default. The Contractor shall not be liable for any excess costs if failure to perform the order arises out of causes beyond the control and without the fault or negligence of the Contractor, such causes include but are not restricted to, acts of God or the public enemy, acts of the State or Federal Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and

Purchasing Division

Page-4 defaults of subcontractors due to any of the above, unless the State shall determine that the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery scheduled. The rights of the State provided in this paragraph shall not be exclusive and are in addition to any other rights now being provided by law or under this order.

12. Non-Collusion: In signing this bid the Contractor certifies he/she has not, either directly or indirectly, entered into action in restraint of free competitive bidding in connection with this offer submitted to the State Purchasing Agent or his/her designee.

13. Nondiscrimination: Contractor doing business with the State of New Mexico must be in compliance with the Federal Civil Rights Act of 1964 and Title VII of the Act (Rev. 1979) and the Americans with Disabilities Act of 1990 (Public Law 101-336).

14. The Procurement Code: Sections 13-1-28 through 13-1-199 NMSA 1978, imposes civil and criminal penalties for its violation. In addition the New Mexico criminal statutes impose felony penalties for bribes, gratuities and kickbacks.

15. Items: All bid items are to be NEW and of most current production, unless otherwise specified.

16. Payment for Purchases: Except as otherwise agreed to: late payment charges may be assessed against the user state agency in the amount and under the conditions set forth in Section 13-1-158 NMSA 1978.

17. Workers' Compensation: The Contractor agrees to comply with state laws and rules pertaining to Workers' Compensation benefits for its employees. If the Contractor fails to comply with Workers' Compensation Act and applicable rules when required to do so, this Agreement may be terminated by the contracting agency.

18. Submission of Bid: Bids may be submitted electronically through eProNM at the following site:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico or may be submitted in a sealed envelope with the bid number and opening date clearly indicated on the bottom left hand side of the front of the envelope.

Failure to label bid envelope will necessitate the premature opening of the bid in order to identify the bid number.

19. Contractor Personnel: Personnel proposed in the Contractor’s written bid to the Procuring Agency are considered material to any work performed under this Price Agreement. Once a Purchase Order or contract has been executed, no changes of personnel will be made by the Contractor without prior written consent of the Procuring Agency. Replacement of any Contractor personnel, if approved, shall be with personnel of equal ability, experience, and qualifications. The Contractor will be responsible for any expenses incurred in familiarizing the replacement personnel to insure their being productive to the project immediately upon receiving assignments. Approval of replacement personnel shall not be unreasonably withheld. The Procuring Agency shall retain the right to request the removal of any of the Contractor’s personnel at any time.

20. Subcontracting: The Contractor shall not subcontract any portion of the Price Agreement without the prior written approval of the Procuring Agency. No such subcontracting shall relieve the Contractor from its obligations and liabilities under this Price Agreement, nor shall any subcontracting obligate payment from the Agency.

21. Records and Audit: The Contractor shall maintain detailed time and expenditure records that indicate the date, time, nature, and cost of services rendered during this Price Agreement’s term and effect, and retain them for a period of three

(3) years from the date of final payment under this Price Agreement. The records shall be subject to inspection by the Agency, State Purchasing Division, Department of Finance and Administration, and for Information Technology contracts, State Chief Information Officer. The Agency shall have the right to audit billings, both before and after payment. Payment for services under this Price Agreement shall not foreclose the right of the Agency to recover excessive or illegal payments.

22. Subcontracts: The foregoing requirements for Contractor Personnel, Subcontracting, and Audit shall be inserted into all subcontracts from the prime contractor to the subcontractor.

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Important Bidding Information

All Bidders must notify the State Purchasing Agent or his/her designee if any employee(s) of the requesting agency or the office of the State Purchasing Agent have a financial interest in the Bidder. Financial interest is defined as:

A. holding a position in a business as officer, director, trustee or partner or holding any position in management; or

B. ownership of more than five percent interest in a business.

____ No financial interest ____ Yes financial interest

If yes, specify the employee’s name: ________________and financial interest: ________________________

Bid tabulations will be posted to our website approximately two (2) weeks after bid opening date. To access go to https://www.generalservices.state.nm.us/statepurchasing/active-procurements.aspx, and filter by Bid Tab.

Failure of Bidder to complete bidding documents, in accordance with all instructions provided, is cause for this office to reject their bid.

Brand names and numbers are for reference only; equivalents will be considered. If bidding “equivalent” bidders must be prepared to furnish “complete data” upon request, preferably with bid, to avoid delay in award.

Specifications on the bid are not to exclude any bidder or manufacture. Where a brand name or equal is indicated, it is for the purpose of describing the standard of quality, performance and characteristics desired and is not intended to restrict competition. “No substitute” specifications may be authorized ONLY if required to match existing equipment.

If any Bidder is of the opinion that the specifications as written preclude her/him from submitting a bid on this ITB, it is requested that his/her opinion be made known to the State Purchasing Agent or his/her designee, in writing, at least seven

(7) days prior to the bid opening date.

Bidders must, upon request of the State Purchasing Agent or his/her designee, provide information and date to prove that the financial resources, production of service facilities, service reputation and experience are adequate to make satisfactory delivery of the materials and/or services. The State Purchasing Agent or his/her designee reserves the right to require a Bidder to furnish a Performance Bond prior to award, where the Bidder is unable to furnish the required information or data, or for other reasons which would insure proper performance by the Bidder.

Unless otherwise indicated in the bid specifications, samples of the items, when required, shall be free of expense to the State of New Mexico. Samples not destroyed or mutilated in testing will be returned upon request, at Bidders expense.

Each sample must be labeled to clearly show the bid number and item number that it pertains to. Unsolicited bid samples or descriptive literature, which is submitted at the Bidder’s risk, will not be returned.

Awards

Determination of Lowest Bidder – Following determination of product acceptability, if any is required, bids will be evaluated to determine which Bidder offers the lowest cost to the State in accordance with the specifications and terms & conditions set forth in the Invitation to Bid. The State Purchasing Agent reserves the right to award this Invitation to Bid in total; by groups of items; on the basis of individual items; any combination of these which could result in a multiple award; or as otherwise specified in bid specifications; whichever, in his/her judgment, best serves the interest of the State of New Mexico.

The New Mexico State Purchasing Agent or his/her designee reserves the right to accept and/or reject any and all bids, to waive technical irregularities, and to award to the Bidder whose bid is deemed to be in the best interest of the State of New Mexico.

https://www.generalservices.state.nm.us/statepurchasing/active-procurements.aspx

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Special Notice – To preclude any possible errors and/or misinterpretations, bid prices must be affixed legibly in ink or typewritten. Corrections or changes must be signed or initialed by Bidder prior to the scheduled bid opening; failure to do so will be just cause for rejection of bid.

Bids may be withdrawn upon receipt of written request, prior to scheduled bid opening for the purpose of making any corrections and/or changes; such corrections must be properly identified and signed or initialed by Bidder. Resubmittal must be prior to scheduled bid opening for consideration.

After bid opening, no modifications on bid prices or other provisions of bid shall be permitted. A low Bidder alleging a material mistake of fact after bids have been opened may be permitted to withdraw the bid upon written request prior to award at the discretion of the State Purchasing Agent or his/her designee.

F.O.B. Destination – Means goods are to be delivered to the destination designated by the user which is the point at which the user accepts ownership or title of the goods. Laws of New Mexico specifically prohibit acceptance of ownership of goods in transit. Any exception to F.O.B. Destination may cause bid to be declared nonresponsive.

If you are an individual with a disability and you require accommodations such as a hearing interpreter to attend our bid openings, please contact State Purchasing (505) 827-0472 at least five (5) working days prior to the scheduled bid opening.

New Mexico Employees Health Coverage

A. If Contractor has, or grows to, six (6) or more employees who work, or who are expected to work, an average of at least 20 hours per week over a six (6) month period during the term of the contract, Contractor certifies, by signing this agreement, to have in place, and agrees to maintain for the term of the contract, health insurance for its New Mexico Employees and offer that health insurance to its New Mexico Employees if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceeds $250,000 dollars.

B. Contractor agrees to maintain a record of the number of its New Mexico Employees who have (a) accepted health insurance; (b) declined health insurance due to other health insurance coverage already in place; or (c) declined health insurance for other reasons. These records are subject to review and audit by a representative of the state.

C. Contractor agrees to advise all of its New Mexico Employees of the availability of State publicly financed health care coverage programs by providing each of its New Mexico Employees with, as a minimum, the following web site link to additional information: https://www.bewellnm.com/

D. For purposes of this Paragraph, the following terms have the following meanings:

(1) “New Mexico Employee” means any resident of the State of New Mexico employed by Contractor who performs the majority of the employee’s work for Contractor within the State of New Mexico, regardless of the location of Contractor’s office or offices; and

(2) “offer” means to make available, without unreasonable restriction, enrollment in one or more health coverage plans and to actively seek and encourage participation in order to achieve the goals of Executive Order 2007-049. This could include State publicly financed public health coverage programs such as Insure New Mexico!

https://www.bewellnm.com/

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Department Price Agreement

Article I – Statement of Work Under the terms and conditions of this Price Agreement, the using agency may issue orders for items and/or services described herein.

The terms and conditions of this Price Agreement shall form a part of each order issued hereunder.

The items and/or services to be ordered shall be listed under Article IX – Price Schedule. All orders issued hereunder will bear both an order number and this Price Agreement number. It is understood that no guarantee or warranty is made or implied by either the New Mexico State Purchasing Agent or the user that any order for any definite quantity will be issued under this Price Agreement. The Contractor is required to accept the order and furnish the items and/or services in accordance with the articles contained hereunder for the quantity of each order issued.

Article II –Term The term of this Price Agreement for issuance of orders shall be as indicated in specifications.

Article III –Specifications Items and/or services furnished hereunder shall conform to the requirements of specifications and/or drawings applicable to items listed under Article IX - Price Schedule. Orders issued against this schedule will show the applicable price agreement item(s), number(s), and price(s); however they may not describe the item(s) fully.

Article IV – Shipping and Billing Instructions Contractor shall ship in accordance with the instructions of this form. Shipment shall be made only against specific orders which the user may place with the contractor during the term indicated in Article II – Term. The Contractor shall enclose a packing list with each shipment listing the order number, price agreement number and the commercial parts number (if any) for each item. Delivery shall be made as indicated on page 1. If Contractor is unable to meet stated delivery the State Purchasing Agent must be notified.

Article V – Termination The Agency may terminate this Agreement for convenience or cause. The Contractor may only terminate this Agreement based upon the Agency’s uncured, material breach of this Agreement. Contractor shall give Agency written notice of termination at least thirty (30) days prior to the intended date of termination, which notice shall (i) identify all the Agency’s material breaches of this Agreement upon which the termination is based and (ii) state what the Agency must do to cure such material breaches. Contractor’s notice of termination shall only be effective (i) if the Agency does not cure all material breaches within the thirty (30) day notice period or (ii) in the case of material breaches that cannot be cured within thirty (30) days, the Agency does not, within the thirty (30) day notice period, notify the Contractor of its intent to cure and begin with due diligence to cure the material breach. Termination of this Contract, however, shall not affect any outstanding orders. This provision is not exclusive and shall not waive other rights and remedies afforded either party in the event of breach of contract or default. In such instances the contract may be cancelled effective immediately.

Article VI – Amendment This Price Agreement may be amended by mutual agreement of the New Mexico State Purchasing Agent or his/her designee and the Contractor upon written notice by either party to the other. An amendment to this Price Agreement shall not affect any outstanding orders issued prior to the effective date of the amendment as mutually agreed upon, and as published by the New Mexico State Purchasing Agent or his/her designee. Amendments affecting price adjustments and/or the extension of a price agreement expiration date are not allowed unless specifically provided for in the bid and price agreement specifications.

Article VII – Issuance or Orders Only written signed orders are valid under this Price Agreement.

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Article VIII – Packing (if applicable) Packing shall be in conformance with standard commercial practices.

Article IX – Price Schedule Prices as listed in the price schedule hereto attached are firm.

IMPORTANT: NO ADDITIONAL TERMS AND/OR CONDITIONS WILL BE ACCEPTED

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Specifications:

Establish a price agreement for law enforcement patrol rifles, suppressors and accessories for the New Mexico State Police.

All bidders shall comply with all applicable federal, state, and local laws governing the sale, transfer, trade, and disposition of firearms and firearm-related items.

Each bidder shall submit a current and valid Federal Firearms License (FFL) with its bid. Failure to submit a valid FFL shall render the bid non-responsive. The State reserves the right to verify the validity of the FFL and any other required licenses or authorizations. Failure to submit the required documentation shall render the bid non-responsive.

Bidders offering suppressors or other National Firearms Act (NFA) regulated items shall, as a mandatory bid requirement, submit documentation demonstrating they possess all required federal authorizations, including any applicable Special Occupational Tax (SOT) status. Failure to submit the required documentation shall render the bid non-responsive.

The awarded bidder shall be responsible for complying with all applicable requirements of the Gun Control Act, NFA, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) regulations, and all other applicable federal and state laws, including completing all required documentation and transfer records for firearms and NFA regulated items.

The awarded bidder shall maintain continuous compliance with all applicable federal, state, and local laws, licenses, permits, authorizations, and other requirements identified in these Specifications throughout the entire term of the Price Agreement, as applicable to the products and services provided under this ITB. The Agency reserves the right to verify the validity of the submitted documentation at any time during the term of the Price Agreement. Failure to maintain or provide documentation demonstrating continued compliance may result in the Agency withholding authorization for warranty repair/service until compliance is verified and may constitute grounds for other remedies available under the resulting Price Agreement.

Products identified by manufacturer and model are intended to establish the minimum functional, operational, and performance requirements of the agency. Equivalent products will be considered provided the bidder demonstrates that the proposed product meets or exceeds all requirements of the specified product, as determined by the State.

Bidders offering an equivalent product shall submit, with their bid, sufficient documentation to allow the State to evaluate the proposed product, including at a minimum:

1. Complete manufacturer's technical specifications and specification sheets;

2. Current manufacturer's product literature, brochures, or catalog information;

3. Clear photographs or product images of the proposed product, when applicable; and

4. A written narrative identifying each specification of the proposed product and explaining how it meets or exceeds the corresponding specification of the product identified in this Invitation to Bid (ITB).

The burden of demonstrating equivalency rests solely with the bidder. Failure to provide sufficient documentation to establish equivalency may result in the proposed product being determined non-responsive.

The State reserves the right to request additional information or product samples, if necessary, to evaluate equivalency. The State's determination regarding equivalency shall be final.

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Term:

The term of this Price Agreement shall be for one (1) year from date of award with the option to extend for a period of five (5) additional years, on a year-to-year basis, by mutual agreement of all parties and approval of the New Mexico State Purchasing Agent at the same price, terms and conditions. As a condition of each annual extension, the awarded bidder shall submit current and valid documentation demonstrating continued compliance with all applicable requirements identified in the Specifications paragraph of this Invitation to Bid (ITB). This Price Agreement shall not exceed six (6) years.

Method of Award/Multiple Awards:

Pursuant to Sections 13-1-153 and 13-1-154 NMSA 1978, the State reserves the right to make multiple awards under this ITB when determined to be in the best interest of the State. Multiple awards are intended to ensure product availability and provide user agencies with a variety of products that best meet their operational requirements.

Bid responses shall include firm, fixed, fully loaded prices for all bid items, including all overhead, shipping, handling, and any other associated costs. For evaluation purposes, the total cost of all bid items shall be calculated for each responsive and responsible bidder. Award(s) will be made to the responsive and responsible bidder(s) submitting the lowest total evaluated cost while meeting all mandatory specifications and submittal requirements of this ITB.

The issuance of multiple awards does not obligate the State or participating agencies to purchase from all awarded bidders. Ordering agencies may purchase from any awarded bidder whose products best meet their operational requirements in accordance with the terms and conditions of the resulting price agreement.

Tax Note:

Price shall not include New Mexico gross receipts tax or local option tax. Such tax or taxes shall be added at time of invoicing at current rate and shown as a separate item to be paid by user.

Quantities, Goods & Services:

The approximate quantities for each item are estimated and are for bidding purposes only. Actual requirements will be as determined by the using agency at the time of purchase order. Quantities may be increased or decreased as necessary to meet actual requirements. The State does not guarantee any amount of work.

Availability:

Products shall be available for ordering at the time of contract award and throughout the life of the contract. No substitution, including superseded or replacement models, shall occur without prior written approval from New Mexico State Purchasing Division (SPD) through a formal contract amendment which will take place at annual amendment extension.

Delivery Requirements:

Products shall be delivered FOB Destination within one hundred twenty (120) calendar days after receipt of an order. Contractor will make inside deliveries to the location as needed during normal business hours (8:00 AM - 5:00 PM Mountain Time) excluding agency holidays. Contractor must notify the agency immediately if the requested delivery time cannot be met.

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Inspection & Modification – Reimbursement for unacceptable deliverables:

The contractor is responsible for providing all products or the completion of all work set out in the contract. All products or work are subject to inspection, evaluation, and approval by the NM State Police Armory. The agency may employ all reasonable means (such as attachment of accessories) to ensure that the work is progressing and being performed in compliance with the contract. The agency may instruct the contractor to make corrections or modifications if needed in order to accomplish the contract’s intent. The contractor shall promptly correct any nonconforming product identified by the agency at no additional cost.

A material breach by the contractor in performance of the contract may cause the agency to terminate the contract. In this event, the agency may require the contractor to reimburse monies paid (based on the identified portion of unacceptable products or work received) and may seek associated damages.

Warranty All products furnished under any contract resulting from this ITB shall be covered by the manufacturer's standard commercial warranty or any warranty offered by the contractor, whichever provides the greater benefit to the agency.

The contractor warrants that all products furnished under this ITB shall be new, free from defects in materials and workmanship, and conform to the requirements of the resulting contract. During the applicable manufacturer's warranty period, or any longer warranty offered by the contractor, the contractor shall, at no additional cost to the agency, repair or replace any defective product or component, including all labor, parts, shipping, transportation, and freight costs associated with warranty service.

Bidders shall provide complete warranty information with their bid, including the manufacturer's standard warranty and any additional or supplemental warranties offered by the bidder. The warranty information submitted with the bid shall identify the applicable warranty period, coverage, limitations, exclusions, and procedures for obtaining warranty service.

Bidders may offer supplemental warranties that provide coverage beyond the warranty requirements of this ITB. However, any supplemental warranty provision that conflicts with, limits, or diminishes the agency's rights under this warranty requirement shall be deemed null and void. The agency shall have no obligation to identify or reject conflicting warranty provisions prior to contract award.

In the event of a conflict between a supplemental warranty and the warranty requirements of this ITB:

1. The warranty requirements contained in this ITB shall govern and prevail.

2. Any supplemental warranty provision that limits or diminishes the agency's rights or remedies under this ITB shall be considered null and void.

By submitting a bid, the bidder acknowledges and agrees to comply with the warranty requirements set forth in this ITB without exception and certifies that all applicable warranty information has been provided with the bid.

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As a condition of each warranty claim involving the repair, service, transfer, or handling of a firearm or other regulated item, the awarded bidder shall provide current and valid documentation demonstrating continued compliance with all applicable requirements identified in the Specifications paragraph of this Invitation to Bid (ITB).

Warranty Repairs:

While the unit(s) provided hereunder are under warranty, contractor shall complete warranty repairs within five (5) business days after receipt of unit(s). If repairs cannot be completed within that timeframe, contractor shall notify the ordering agency of the expected completion date. This period may be extended at the user's option, and such extension shall be documented in writing. In the event of failure to perform repairs within five (5) business days and failure to receive approval for time extension, the contractor shall provide a like unit until repairs are completed. All repairs shall be performed at the contractor's place of business or other facility of his/her choice. Delivery of unit(s) for repair and all costs associated therewith shall be the user's responsibility.

The awarded bidder shall not commence warranty repairs until the awarded bidder has demonstrated continued compliance with all applicable requirements identified in the Specifications, including possession of a current and valid FFL and any other licenses or authorizations required to lawfully perform the applicable repair.

Discontinued Items:

In the event an item is discontinued by the manufacturer during the life of the contract, another item may be substituted, provided that the agency makes a written determination that it is equal to or better than the discontinued item and provided that it is sold at the same price or less than the discontinued item.

Item Upgrades:

The agency reserves the right to accept upgrades to models on the basic contract only at the time of an annual amendment extension, when the upgrades improve the way the equipment operates or improve the accuracy of the equipment. Such upgraded items must be at the same price as the items in the basic contract.

Payment or Acceptance Not Conclusive:

No payment made under this agreement shall be conclusive evidence of the performance of the contract, either wholly or in part, and that no payment made for the delivery of the items in whole or in part shall be construed as an acceptance of defective work or improper materials, nor relieve the bidder from corrections of the defects. The final acceptance shall not be binding upon the ordering agency or the State, nor conclusive, should it subsequently develop the bidder had furnished inferior items or had departed from the specifications and/or the terms of the agreement. Should such conditions become evident, the ordering agency shall have the right, notwithstanding final acceptance and payment, to cause the item(s) to be properly furnished in accordance with the specifications (and drawings, if any) at the cost and expense of the bidder.

Bidding Information:

The conditions and specifications set out in this ITB are inseparable and indivisible. Any Bidder, by submitting a bid, agrees to be bound by all such conditions and/or specifications. All conditions and specifications in the ITB, and all other documents required to be submitted, shall be submitted by the Bidder in their bid package.

Failure to do so or any attempt to vary or change the conditions or specifications of the ITB shall, at the discretion of the State of New Mexico, constitute grounds for rejection of the entire bid.

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Any awarded bidder shall be considered an independent contractor and not an employee of the State of New Mexico. The agency shall provide direction regarding the time and place of performance and compliance with rules and regulations required by this price agreement.

Escalation Clause Contractor shall keep pricing fixed for each year of this Agreement. Thereafter, SPD and the Bidder may adjust contract price no more than once annually through an amendment to the Agreement at the time of extension.

Contractor shall submit all contract price escalation/reduction requests to the Agency directly in writing and provide substantiating documentation supporting each request. The request must show all proposed contract price increase/decrease by line item and include supporting documentation acceptable to SPD. Approval of such requests is intended solely to address documented increases in the vendor’s costs and shall not be used to increase the vendor’s profit margin.

The State Purchasing Division will not consider or approve any request that results in an increase of the awarded contract price exceeding five percent (10%) within a twelve (12) month period. Requests that exceed this maximum allowable adjustment will not be approved, and the contract price will remain unchanged.

Contractor may submit requests for adjustments only when the manufacturer or supplier has implemented a documented price increase affecting the contract items. Any approved adjustment will apply only to the affected items and shall not apply broadly to the entire catalog unless specifically authorized by SPD.

Contractors requesting an increase/decrease in the awarded contract price will be required to provide supporting documentation, including but not limited to:

1. Contract Item Number

2. Current Item Price

3. Proposed New Item Price

4. Percentage of Price Adjustment Requested

5. Manufacturer or supplier notification of the price increase, including the percentage increase and justification for the increase

The contractor must provide a letter from the manufacturer addressed to the contractor confirming that the manufacturer has increased the price charged to the contractor and specifying the reason for the increase.

Requests for adjustments based on increases in labor costs, administrative expenses, or other indirect costs will not be considered or approved.

The SPD reserves the right to verify any manufacturer documentation directly with the manufacturer and to request additional documentation and to deny any adjustment request that is not adequately supported or that does not comply with the terms of this clause.

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Items:

Category A – Rifles

• Item 1 - SIONICS Weapon Systems Brand Name or Equal Patrol SBR 11.5"

• Item 2 - SIONICS Weapon Systems Brand Name or Equal Patrol SBR 12.5"

• Item 3 - SIONICS Weapon Systems Brand Name or Equal Patrol Rifle Three 14.8" Pin & Weld

• Item 4 - SIONICS Weapon Systems Brand Name or Equal Patrol Rifle Three 16"

• Item 5 - SIONICS Weapon Systems Brand Name or Equal Premium Rifle 3 14.8" S-15 Rail

• Item 6 - SIONICS Weapon Systems Brand Name or Equal Premium Rifle 3 14.8" S-15 Rail Pin & Weld

• Item 7 - SIONICS Weapon Systems Brand Name or Equal Premium Rifle 3 16" S-15 Rail

Category B - Suppressors

• Item 8 - SIONICS Weapon Systems Brand Name or Equal MCTR 5.56 Direct Thread Suppressor

• Item 9 - SIONICS Weapon Systems Brand Name or Equal MCTR 5.56 Quick Detach Suppressor with Flash

Hider

Category C – Rifle Upgrades

• Item 10 - Phosphate BCG to NP3 Coated BCG

• Item 11 - GI Charging Handle to Ambidextrous Charging Handle

• Item 12 - MBUS Sights to MBUS Pro Sights

• Item 13 - Enhanced Trigger to Two Stage Trigger

• Item 14 - H2 Buffer to H3 Buffer

• Item 15 - R1 to S-15 or S-15 ARCA Handguard

• Item 16 - Semi-Automatic to Select-Fire

Category D - Accessories

• Item 17 - Magpul Brand Name or Equal Rail Cover Type 2 x 9 - Installed

• Item 18 - Magpul Brand Name or Equal M-LOK Vertical Grip - Installed

• Item 19 - Magpul Brand Name or Equal Angled Foregrip

• Item 20 - Magpul Brand Name or Equal PMAG Magazine (30 Round)

• Item 21 - Approved Muzzle Device

• Item 22 - Backup Iron Sights (BUIS)

• Item 23 - Rifle Red Dot Sight

• Item 24 - Rifle Holographic Sight

• Item 25 - Rifle Magnifier Sight (3x / 5x)

• Item 26 - Optic Mount / Riser

• Item 27 - Weapon Mounted Lights

• Item 28 - Weapon Sling – Single Point

• Item 29 - Weapon Sling – Two Point

• Item 30 - Rifle Sling Swivels

• Item 31- Go Bag

• Item 32 - Range Bag

• Item 33 - Gun Cleaning Kit

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Notes Category A Items must include the following installed items with the base price o SIONICS Weapon Systems 11.5”, 12.5”, 14.8”, or 16” Medium Contour Barrel o SIONICS Weapon Systems 10.8”, 11.8”, 14.125” or 15” M-LOK Handguard o SIONICS Weapon Systems Phosphate BCG W/ Sprinco HD Extractor Spring o SIONICS Weapon Systems GI Charging Handle o SIONICS Weapon Systems Enhanced Trigger o SIONICS Weapon Systems Ambidextrous Selector o SIONICS Weapon Systems H or H2 Buffer o SIONICS Weapon Systems QD End Plate o SIONICS Weapon Systems Magpul K-2 Grip o SIONICS Weapon Systems Magpul MOE SL Stock o SIONICS Weapon Systems Savior Tactical Case o SIONICS Weapon Systems Magpul Trigger Guard o SIONICS Weapon Systems Magpul Magazine o SIONICS Weapon Systems Sprinco Enhanced Buffer Spring o SIONICS Weapon Systems LE Agency Engraved Lower Receiver

Category D Items when purchased on the same purchase order as a rifle shall be factory installed by the contractor prior to shipment unless otherwise requested in writing by the ordering agency.

Category D Items shall be new, commercial-grade products suitable for law enforcement use and shall be fully compatible with the rifles offered under this ITB. Equivalent accessories shall meet or exceed the performance and durability of the specified product.

***End of Specifications***

Items’ Submission Instructions:

Submission process only - Contact the help line directly at: (505) 795-1894, (505) 670-1561, (505) 469-1092,

(505) 469-2248 or (800) 233-1121, or you can contact the buyer listed on the ITB (this document) front page.

Items are located in the eProcurement System:

Online Submission for Items:

1. Bidders are required to download the ITB PDF or Excel Items Spreadsheet from the Buyer Attachments’ page;

2. Bidders are required to enter bid prices into the ITB PDF or Excel spreadsheet.

3. Upload the completed ITB PDF or Excel spreadsheet into the Supplier Attachments’ page.

W9 Submission:

All vendors must submit a valid, signed W-9 Form with their bid submission. The form may be either:

• The official Federal IRS Form W-9, or

• A substitute W-9 Form provided by the State of New Mexico, provided it contains all required information and certifications.

The form must be signed and dated within the current calendar year. The signature must be a wet (handwritten) signature, or a digitally verified signature utilizing a secure, third-party electronic signature platform (e.g., DocuSign), accompanied by a verifiable signature receipt.

If State Purchasing finds that the W9 form needs correction or clarification, the vendor will have three (3) business days to correct the error and/or provide clarification. If State Purchasing does not receive the correct form within three (3) business days, the bidder will be disqualified.

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Items:

Item # Approx Qty Unit Description Price

1 1 EA-

Each

SIONICS Weapon Systems Patrol SBR 11.5" $

2 1 EA-

Each

SIONICS Weapon Systems Patrol SBR 12.5" $

3 1 EA-

Each

SIONICS Weapon Systems Patrol Rifle Three 14.8" Pin & Weld $

4 1 EA-

Each

SIONICS Weapon Systems Patrol Rifle Three 16" $

5 1 EA-

Each

SIONICS Weapon Systems Premium Rifle 3 14.8" S-15 Rail $

6 1 EA-

Each

SIONICS Weapon Systems Premium Rifle 3 14.8" S-15 Rail Pin & Weld

7 1 EA-

Each

SIONICS Weapon Systems Premium Rifle 3 16" S-15 Rail $

8 1 EA-

Each

SIONICS Weapon Systems MCTR 5.56 Direct Thread Suppressor $

9 1 EA-

Each

SIONICS Weapon Systems MCTR 5.56 Quick Detach Suppressor with Flash Hider

10 1 EA-

Each

Phosphate BCG to NP3 Coated BCG $

11 1 EA-

Each

GI Charging Handle to Ambidextrous Charging Handle $

12 1 EA-

Each

MBUS Sights to MBUS Pro Sights $

13 1 EA-

Each

Enhanced Trigger to Two Stage Trigger $

14 1 EA-

Each

H2 Buffer to H3 Buffer $

15 1 EA-

Each

R1 to S-15 or S-15 ARCA Handguard $

16 1 EA-

Each

Semi-Automatic to Select-Fire $

17 1 EA-

Each

Magpul Rail Cover Type 2 x 9 - Installed $

18 1 EA-

Each

Magpul M-LOK Vertical Grip - Installed $

19 1 EA-

Each

Magpul Angled Foregrip $

20 1 EA-

Each

Magpul PMAG Magazine (30 Round) $

21 1 EA-

Each

Approve…