Amendment 2 Admin Doc - ITB #1114.docx

STATE OF IDAHO

DIVISION OF PURCHASING

FOR

State of Idaho

Invitation To Bid

Practice Ammunition

ITB Number: #1114

Amendment 2

Table of Contents

Section 1 Administrative Information and Overview

1.1 Purpose

The State of Idaho's ("State") Division of Purchasing ("DOP") is issuing this Invitation To Bid ("ITB") to solicit Bids from qualified and experienced firms ("Bidders") capable of providing practice ammunition on a statewide contract basis. Background information is provided in Exhibit 1. General requirements are set forth in Exhibit 2. Specifications are provided in Exhibit 3.

1.2 Procurement Schedule

Deadline to submit questions:

Closing Date (deadline to submit Bid):

Public Opening Date:

The State will make every effort to adhere to the schedule below, but reserves the right, at its sole discretion, to adjust the schedule.

04/09/2026 @ 11:59 pm MT See IPRO Event Main Page for current closing date and time.

04/24/2026 05/22/2026 @ 10:30 am MT

1.3 ITB Lead

Name:

Title & Agency:

Email:

The individual listed below (referred to as “ITB Lead”) is responsible for the conduct of this procurement. From the issue date of this ITB, until a contract is awarded, or the ITB is cancelled, Bidders are prohibited from communicating with any State employee, Official, or Evaluators regarding this ITB or procurement.

Erik Schmidt Buyer, Division of Purchasing Erik.Schmidt@adm.idaho.gov

1.4 Pre-Bid Conference

There will be no pre-bid conference for this event.

1.5 IPRO eProcurement System

This Solicitation is issued by the State via the State’s eProcurement system, IPRO. It is the Bidder’s responsibility to monitor IPRO for any updates or amendments.

Link: IPRO POWERED BY LUMA

1.7 Bid Opening

Link:

A public bid opening will be made available via Microsoft Teams. Below is the information needed to access the call. Please review Section 1.2 for additional details.

Join the meeting now

ADMINISTRATIVE FEE DETAILED IN ARTICLE 5 OF THE STATE’S STANDARD CONTRACT TERMS AND CONDITIONS WILL APPLY TO THE CONTRACT(S) THAT RESULT FROM THIS SOLICITATION.

1.8 Questions

The Bidder must review this entire ITB solicitation, including associated documents. All questions, requests for clarification, or other correspondence must be submitted in writing via email to the ITB Lead. See Exhibit 5 for additional instructions. Questions must be submitted using the table provided within Exhibit 5.

1.9 Modifications and Exceptions to Requirements, Terms, and Conditions The Bidder must review the Contract requirements, terms, and conditions. The Bidder is strongly encouraged to submit any proposed modifications, or exceptions to the Contract requirements, terms, or conditions to the ITB Lead prior to the deadline for submitting questions. See Exhibit 6 for additional instructions. Modifications and exceptions must be submitted using the table provided within Exhibit 6.

Any modifications or exceptions that are brought up after the Bid has been submitted may be rejected by the State. Therefore, the Bidder is strongly encouraged to submit any proposed modifications or exceptions during the Q&A period. Bids which condition the Bid based upon the State accepting other terms and conditions not found in the ITB, may be found non-responsive, and no further consideration of the Bid may be given.

1.10 Amendments

The State may issue amendments to make changes to the ITB, or to respond to any questions. Amendments will be posted on IPRO. Bidders are responsible for monitoring IPRO for updates and amendments. All published amendments must become part of this ITB, and must be considered by the Bidder in its Bid. Oral interpretations or clarifications of this ITB are not binding and should not be relied upon. Any verbal responses or informal communications from the State regarding this ITB are considered unofficial and will not be binding.

1.11 Authority

This procurement is conducted in accordance with IDAPA 38.05.01 and pursuant to Title 67, Chapter 92 of the Idaho Code.

Section 2 Format & Submission Requirements

2.1 Adherence to Requirements

The Bid must be submitted in accordance with the requirements set forth in this document. Any Bid that does not adhere to the requirements may be deemed non-responsive and rejected. The State reserves the right, in its sole discretion, to waive any minor informalities or immaterial non-compliance.

2.2 Deadline to Submit

All Bids are due at the date and time specified in the Procurement Schedule (Section 1.2). Late Bids must not be accepted or considered. The State must not be responsible for any technical issues, difficulties, or delays. Bidders are strongly encouraged to begin the process of submitting the Bid response far enough in advance of the Closing Date/Time to allow for resolution of any technical difficulties.

2.3 General Format Requirements

The Bid response must meet the following requirements:

2.3.1 The Bidder must not embed information, embed files, or embed any links within the Submittals.

2.3.2 The Bidder must not attach additional information to any Submittal Form (unless it has been explicitly requested). Any additional attachments submitted will not be considered in the evaluation process.

2.4 Electronic Submission Instructions

The Bidder must submit the Bid as follows:

2.4.1 The Bid must be submitted electronically through IPRO powered by LUMA. The State will not accept Bids in any other manner (i.e. facsimile, email, or hardcopy submissions). All Bidders participating in this Solicitation must establish an account in the IPRO system, as it is necessary in order to process and/or award the resulting Contract(s). Establishing an account is free.

Please make sure that the entity profile under which the Bid is submitted in IPRO, is the same legal entity presented in the uploaded response materials. If there are any discrepancies, the entity information provided within Submittal Form A prevails.

2.4.2 The Bid must be submitted in the following forms:

* If applicable. Applies to Bids with trade secrets as discussed below.

2.4.3 All electronic files must be in Adobe PDF, Microsoft Word, or Microsoft Excel format as noted in the table above.

2.4.4 The Bid file(s) must not be password protected or locked in any way.

2.4.5 All submission materials must be submitted at the same time. If multiple submissions are received, only the latest timely submission will be considered.

2.4.6 Alternate Bids are not allowed.

2.4.7 Note: When submitting through IPRO, enter your Cost in IPRO as “$0.01”.

2.4.8 The Bidder must submit a Manufacturer Authorization Letter (MAL) for each manufacturer whose products are included in the Bid (Package 3). Each MAL must be on the manufacturer’s letterhead, signed by an authorized representative, and explicitly authorize the Bidder to sell the manufacturer’s products under this solicitation. MALs must be current and valid at the time of bid submission. Failure to submit a valid MAL for each represented manufacturer may render the Bid non-responsive. MALs may be submitted as a single combined PDF or as individual files, each named: MAL – [Manufacturer Name] – [Bidder Name]. Bidders offering products from multiple manufacturers may submit a single Submittal Form B identifying the manufacturer for each line item; a separate MAL must be included for each manufacturer represented.

2.4.9 If your Bid contains trade secrets (see Section 2.5), submit an additional redacted version. This submittal must have 'Redacted' in the file name.

2.5 Trade Secrets and Non-Public Information

The Idaho Public Records Act, Idaho Code title 74, chapter 1 (the “Act”) defines trade secrets to “include a formula, pattern, compilation, program, computer program, device, method, technique or process that derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons and is subject to the efforts that are reasonable under the circumstances to maintain its secrecy.” The Act also defines other records that may be exempt from public disclosure.

In addition to marking each page of the document with a trade secret or other exemption notation (as applicable; and as provided in Paragraph 28 of the Solicitation Instructions to Vendors), Bidders must also:

1.

2.

2.1.

2.2.

2.3.

2.4.

2.5.

2.5.1. Identify with particularity the precise text, illustration, or other information contained within each page marked “trade secret” or “exempt from disclosure” (it is not sufficient to simply mark the entire page). The specific information you deem “trade secret” or “exempt” within each noted page must be highlighted, italicized, identified by asterisks, contained within a text border, or otherwise clearly delineated from other text/information and specifically identified as a “trade secret” or “exempt from disclosure.”

2.5.2. Provide a separate document entitled “List of Redacted Trade Secret and Exempt Information” which provides a succinct list of all trade secret and exempt information noted in your Bid; listed in the order it appears in your submittal documents, identified by Page #, Section #/Paragraph #, Title of Section/Paragraph, specific portions of text/illustrations; or in a manner otherwise sufficient to allow the State’s procurement personnel to determine the precise text/material subject to the notation. Additionally, this list must identify with each notation the specific basis for your position that the material be treated as exempt from disclosure and how the exempting the material complies with the Act.

2.5.3. Submit a redacted copy of any Bid response document (e.g. Scope of Work Response) with all trade secret and exempt information removed or blacked out. The redacted copy must be submitted electronically in the Supplier Attachments section of IPRO, with the word “redacted” in the file name.

Section 3 Evaluation & Award Procedures

3.1 Mandatory Submission Requirements

All Bids will be reviewed on a "pass" or "fail" basis to ensure compliance with all mandatory submission requirements. Bids determined by the State, at its sole discretion, to be responsive in this regard will proceed to the evaluation process outlined in this Section. Bids that do not meet the mandatory submission requirements may be deemed non-responsive. Mandatory submission requirements include, but are not limited to, the following:

3.1.1 The Bid was submitted prior to the specified Closing Date and Time.

3.1.2 The Bid complies with the submission instructions detailed in Section 2.4.

3.1.3 The Bid includes a fully completed and signed Submittal Form A.

3.1.4 The Bid includes all required Submittal Forms.

3.1.5 The Bid includes pricing for every line item within each ammunition category table on Submittal Form B on which the Bidder has elected to bid. Bidders are not required to bid every category table, but partial pricing within any category table will render the Bid non-responsive with respect to that category.

3.1.6 The Bid includes a Manufacturer Authorization Letter for each manufacturer whose products are included in the Bid.

3.2 Mandatory Responsibility Requirements

The Bidder must meet the following requirements to be eligible for award:

3.2.1 The Bidder must be the manufacturer of the offered ammunition or a manufacturer-authorized distributor, and must submit a valid Manufacturer Authorization Letter for each represented manufacturer with the Bid.

3.2.2 The Bidder must be legally authorized to sell and distribute ammunition in the State of Idaho and must hold all applicable federal and state licenses required for the manufacture, distribution, or sale of ammunition.

3.2.3 The Bidder must offer ammunition from manufacturers whose products comply with current Sporting Arms and Ammunition Manufacturers’ Institute (SAAMI) specifications. Bidders representing non-SAAMI-member manufacturers must be prepared to provide independent laboratory certification of SAAMI compliance upon request.

3.2.4 The Bidder must demonstrate the capacity to fulfill orders consistent with statewide contract volumes, including delivery to rural and frontier locations across Idaho within the lead times specified in Exhibit 2. Acceptable evidence of capacity may include, but is not limited to: prior government or commercial contracts of similar scale; current distributor agreements with SAAMI-compliant manufacturers; documentation of warehouse or inventory capacity; or other relevant performance history submitted with the Bid.

3.3 Clarification Discussions

The ITB Lead may, in the State’s sole discretion, perform clarification discussions with the Bidder(s) to verify and validate that the Bid will meet the needs of the Agency. At any time during this period, if it is discovered that the Bidder has not met a mandatory requirement, or has failed to adequately respond to an item below, the State may find the Bidder non-responsive.

1.

2.

3.

3.1.

3.2.

3.3.

3.3.1. If requested, the Bidder must provide documentation to demonstrate its responsibility, financial capacity, compliance with specifications, or fulfillment capability as applicable to the scope of this solicitation. Failure to provide the requested documentation within the timeframe specified by the ITB Lead may result in the Bidder being deemed non-responsible.

The clarification discussion cannot materially alter the Bid. The State does not expect to negotiate any terms or conditions requested by the Bidder, unless they were submitted by the Bidder prior to the deadline for submitting questions (see Section 1.8), or they provide the State an opportunity to secure more advantageous terms or pricing.

3.4 Best-And-Final-Offer (BAFO)

The State reserves the right to request Best and Final Offers (BAFOs) from Bidders. If BAFOs are requested, the State will issue written instructions to the selected Bidders identifying the scope of the BAFO request and the deadline for submission. Bidders must not modify any aspect of their Bid except as specifically requested by the State. BAFO responses must be submitted in accordance with the instructions provided. Failure to submit a BAFO, if requested, may result in the Bidder’s original Bid being considered as its final offer.

3.5 Award

Award of Contract will be made to the lowest responsive and responsible Bidder(s), as determined by the Administrator of the Division of Purchasing in accordance with Idaho Code §67-9211.

3.6 Resulting Contract

If the State awards Contract(s) from this solicitation, it will do so by issuing a Statewide Blanket Purchase Order (SBPO) Contract document(s) from Luma, the State’s ERP system. The State intends to make multiple contract awards as a result of this solicitation, awarding to at least two (2) lowest responsive and responsible Bidders per line item unit price as provided on Submittal Form B. A Bidder may be awarded on one or more line items. Bidders may elect to submit pricing on one or more of the four (4) ammunition category tables (Handgun, Rifle, Shotgun, and Precision Rifle) on Submittal Form B; however, within any category table on which a Bidder submits pricing, the Bidder must provide pricing for all line items in that table or the Bid will be non-responsive for that category. The State reserves the right to award fewer contracts if an insufficient number of responsive and responsible Bids are received. A multiple-award structure is intended to ensure product availability across a diverse statewide user base, maintain competition throughout the contract term, and reduce the risk of supply disruption resulting from manufacturer shortages or supply chain constraints. The State anticipates issuing a single contract document for each awarded Contractor, incorporating the Terms and Conditions, General Requirements, and Specifications; however, the State reserves the right to determine the form of the resulting Contract(s). At its option, the State may memorialize the agreement between the State and each Contractor in one (1) or more final Contract documents.

Important Note: Any modifications or exceptions to the Contract may be rejected by the State. Therefore, the Bidder is strongly encouraged to submit any proposed modifications or exceptions during the Q&A period (see Section 1.8).

EXHIBIT 1

Background Information

1. About The Department / Agency The State of Idaho Division of Purchasing (DOP), within the Department of Administration, administers statewide contracts on behalf of various state agencies, departments, institutions, and eligible political subdivisions. DOP facilitates competitive procurement processes to ensure cost-effective acquisition of goods and services that support public safety, natural resource management, corrections, education, and other essential governmental functions. Participating entities include law enforcement and training-focused agencies that require reliable supplies of practice ammunition for firearms qualification, tactical training, and operational readiness.

2. Background Information The State of Idaho has maintained statewide contracts for practice ammunition for more than fifteen (15) years to meet the recurring training and operational needs of participating agencies. These contracts provide a centralized, competitively priced source for bulk practice ammunition, reducing administrative burden and ensuring consistent quality and availability across multiple locations in Idaho, including rural and frontier areas. The current contract(s) are approaching expiration, necessitating a new Invitation to Bid (ITB) to secure continued supply under modernized terms informed by recent market feedback.

3. Existing Data Participating agencies and eligible entities may include, but are not limited to:

3.1. Idaho Department of Correction;

3.2. Idaho Department of Fish and Game;

3.3. Idaho State Police;

3.4. Idaho Military Division; and

3.5. Other political subdivisions and local public bodies permitted by Idaho law.

Usage in 2025 was just over 1 million rounds across all calibers, with primary demand in 9mm Luger (approximately 60–70% of volume) and .223/5.56 NATO (20–30%). Typical agency order sizes range from 75,000–180,000 rounds for primary calibers during peak training periods and 10,000–20,000 rounds for specialty types. Peak training and qualification periods vary across agencies and do not all occur simultaneously or within the same month.

4. Market and Industry Considerations The following market and industry factors were identified through prior contract feedback and vendor engagement. The terms of this solicitation have been structured to address these factors and maximize qualified vendor participation:

4.1. Delivery timelines shorter than industry norms increase costs and limit competitive participation.

4.2. Requirements to break standard case quantities complicate fulfillment and raise pricing.

4.3. Aggressive or penalizing delivery clauses deter qualified suppliers.

4.4. Administrative burdens from excessive paperwork or non-standard quality assurance demands for practice ammunition.

5. Objectives and Expectations The primary objectives of this procurement are to:

5.1. Achieve cost-effective pricing through firm unit prices per 1,000 rounds.

5.2. Ensure consistent quality, availability, and compliance with SAAMI and American National Standards Institute (ANSI) standards.

5.3. Accommodate diverse agency needs (including rural delivery locations and fluctuating order volumes) while minimizing supply disruptions.

5.4. Maximize vendor participation and bid competitiveness by aligning solicitation terms with industry practices.

6. Solicitation Context The following factors are specific to Idaho and have informed the terms of this solicitation:

6.1. Idaho’s extensive rural and frontier geography requires reliable delivery to remote locations. Freight costs are invoiced separately as provided in Exhibit 2 and must reflect actual carrier cost using commercially reasonable shipping methods.

6.2. Agencies operate on variable training schedules, resulting in uneven demand peaks.

6.3. Supply chain risks (e.g., raw material volatility, geopolitical factors) necessitate contingency planning and preference for multiple-award structures where feasible.

6.4. Training and qualification ammunition is distinguished from duty ammunition; ballistic testing and lot documentation expectations are accordingly lighter for training and qualification rounds.

7. Budgetary Expectations The State has not established a fixed maximum budget for this procurement. Actual expenditures will vary based on agency usage and ordering patterns. Estimates provided in Submittal Form B are for evaluation purposes only and do not constitute a commitment or guarantee of any minimum purchase quantities.

8. Reference Documents No additional reference documents are attached to this solicitation.

EXHIBIT 2

General Requirements

The following provisions establish the contractual performance requirements applicable to the resulting contract. These requirements are mandatory and will be incorporated into the contract upon award. Bidders should carefully review each provision and ensure their Bid reflects the ability to comply.

Note: In the event of a conflict between the provisions below and the State’s Standard Terms and Conditions, the Standard Terms and Conditions will govern unless a specific exception has been approved in writing by the Division of Purchasing.

1. Contract Scope and Pricing This contract is limited to the practice and qualification ammunition types identified in Submittal Form B. Ordering entities must not use this contract to procure duty ammunition, specialty less-lethal munitions, explosive or breaching rounds, or any other product not expressly listed on the awarded price schedule. Unit prices must include all product costs and are exclusive of freight, applicable taxes, and hazardous materials handling charges, which are invoiced separately as provided in this Exhibit. “Or equal” equivalents meeting or exceeding the specifications in Exhibit 3 are acceptable. Any change in manufacturer, brand, or product for a previously awarded line item during the contract term requires advance written notice to the Division of Purchasing and written approval prior to fulfillment of any affected order. The Division of Purchasing reserves the right to require re-evaluation of the substitute product for specification compliance before approving the change.

2. Price Adjustment Clause

2.1. The Contractor must maintain firm unit prices for the initial contract term.

2.2. For renewal periods, the Contractor may request price adjustments tied to documented changes in the U.S. Bureau of Labor Statistics (BLS) Producer Price Index for Ammunition (PCU332992332992), or the most appropriate BLS successor index if that series is discontinued.

2.3. The Contractor must submit increase requests in writing no later than sixty (60) calendar days before the start of a renewal period, accompanied by supporting BLS index data for the prior twelve (12)-month period.

2.4. Approved increases must not exceed the percentage change in the applicable index over that twelve-month period.

2.5. If the applicable index decreases, the Contractor must pass the corresponding reduction through to the State effective on the next renewal date.

2.6. All adjustments are subject to written State approval and must be documented by contract modification.

3. Website/Ordering Requirements The Contractor must maintain a current, accessible price list or catalog for all offered ammunition, which may be provided via a public website, an online catalog, or a regularly updated price schedule submitted directly to the Division of Purchasing and ordering agencies. Any price changes must be promptly communicated to the State and ordering agencies. The Contractor must support electronic ordering where feasible and provide user-friendly access for agency personnel.

If the Contractor provides a website or online portal for ordering agencies to use for placing orders, any terms or conditions associated with that website that do any of the following are void and of no force or effect:

3.1. Waive the sovereign immunity of the State of Idaho;

3.2. Subject the State of Idaho, its agencies, or political subdivisions to the jurisdiction of the courts of other states;

3.3. Limit the time in which the State may bring a legal claim to a period shorter than that provided under Idaho law;

3.4. Impose a payment obligation or rate of interest for late payments less favorable than that established under Idaho Code §67-2302; or

3.5. Require the State to accept arbitration or waive its right to a jury trial. Any terms or conditions within any such website that require indemnification not specifically authorized by the Idaho Legislature or subject to appropriation are void pursuant to Idaho Code §§67-9215 and 59-1016. Any terms or conditions that hold individual users (employees or officers of the State of Idaho or its political subdivisions) personally liable are void. A click-through acceptance by an agency employee of any such terms does not constitute agreement to terms that conflict with or are void under this Contract.

4. Order Confirmation Within three (3) business days of receiving a purchase order, the Contractor must confirm receipt in writing (via email) and provide an estimated delivery date and an itemized freight cost estimate for the order, including any applicable hazardous materials handling charges. Providing the freight estimate at order confirmation allows the ordering agency to anticipate total delivered cost prior to shipment. Failure to confirm receipt within the required timeframe may be treated as non-compliance under the Contract Terms and Conditions.

5. Notification of Non-Fulfillment The Contractor must notify the ordering agency in writing (via email) within three (3) business days of the Contractor's determination that it is unable to fulfill any portion of a purchase order, providing reasons and proposed alternatives meeting or exceeding specifications at no additional cost. Upon receiving notification, the ordering agency retains the right to: (a) accept the proposed alternative; (b) cancel the unfulfilled portion of the order and source the needed quantities from another awarded Contractor or other available source; or (c) hold the Contractor to the original order, subject to the delivery terms of this Contract. Failure to provide timely notification does not relieve the Contractor of its performance obligations under the Contract.

6. Delivery

6.1. The Contractor must provide standard industry packaging. Pallet-level shipments are encouraged for larger orders to achieve cost efficiencies.

6.2. Palletized shipments must be delivered via a vehicle equipped with a liftgate. The Contractor is responsible for lowering pallets to ground level or dock height as applicable. Delivery must be made to the ordering agency’s designated receiving area; if no loading dock is available, the Contractor must lower the pallet to ground level via liftgate and deliver to a mutually agreed-upon accessible location on the agency’s premises. Further movement of pallets beyond the point of delivery is the responsibility of the ordering agency.

6.3. The Contractor must coordinate delivery with agency contacts and accommodate rural locations without unreasonable delay. Unless otherwise mutually agreed upon in writing, orders must be fulfilled within ninety (90) days after receipt of order (ARO).

6.4. The Contractor and ordering agency may mutually agree in writing to a lead time longer than 90 days ARO if doing so results in documented cost savings (e.g., consolidated shipments); however, any such extension must be approved in advance by the Division of Purchasing. Shorter lead times may also be accommodated by mutual agreement, with any additional costs subject to pre-approval by the ordering agency.

6.5. The Contractor and ordering agency may mutually agree in writing to a lead time longer than 90 days ARO if doing so results in documented cost savings (e.g., consolidated shipments) or is necessitated by documented supply chain constraints. Such mutual agreement must be documented in writing between the Contractor and the ordering agency. The Division of Purchasing does not require advance approval for such extensions; however, the Division reserves the right to review documented agreements and intervene if a performance concern is identified. Shorter lead times may also be accommodated by mutual agreement, with any additional costs subject to pre-approval by the ordering agency.

6.6. The State reserves the right to reject any proposed lead time extension that exceeds 90 days ARO unless justified by documented cost savings or supply chain constraints and mutually agreed upon in writing by the Contractor and the ordering agency.State reserves the right to reject any proposed lead time extension that exceeds 90 days ARO unless justified by documented supply chain constraints and approved in advance.

7. Freight and Shipping Costs Unit prices established under this Contract cover the cost of the ammunition only and do not include freight or shipping costs. Freight costs, including any applicable hazardous materials handling charges, must be invoiced as a separate line item on every invoice submitted to the ordering agency. Freight charges must reflect actual carrier cost using commercially reasonable shipping methods and may not include markups or administrative fees beyond the carrier’s invoice. The ordering agency is responsible for payment of freight charges as invoiced, provided that such charges are consistent with the estimate provided at order confirmation pursuant to the Order Confirmation section of this Exhibit. Any material deviation from the freight estimate provided at order confirmation must be disclosed to the ordering agency prior to shipment and is subject to agency approval. Freight charges that are not disclosed or that materially exceed the confirmed estimate without prior agency approval will be subject to dispute and may be withheld from payment. Notwithstanding the separate invoicing of freight, title and risk of loss remain with the Contractor until acceptance by the ordering agency, consistent with Article 2 of the State of Idaho Contract Terms and Conditions.

If an ordering agency declines to pay applicable freight charges necessary to meet their required delivery timeframe, the Contractor is not obligated to accept the purchase order. Ordering agencies are responsible for confirming the full scope of pricing, including freight and any applicable hazardous materials handling charges, prior to issuing a purchase order.prices established under this Contract cover the cost of the ammunition only and do not include freight or shipping costs. Freight costs, including any applicable hazardous materials handling charges, must be invoiced as a separate line item on every invoice submitted to the ordering agency. Freight charges must reflect actual carrier cost using commercially reasonable shipping methods and may not include markups or administrative fees beyond the carrier's invoice. The ordering agency is responsible for payment of freight charges as invoiced, provided that such charges are consistent with the estimate provided at order confirmation pursuant to the Order Confirmation section of this Exhibit. Any material deviation from the freight estimate provided at order confirmation must be disclosed to the ordering agency prior to shipment and is subject to agency approval. Freight charges that are not disclosed or that materially exceed the confirmed estimate without prior agency approval will be subject to dispute and may be withheld from payment. Notwithstanding the separate invoicing of freight, title and risk of loss remain with the Contractor until acceptance by the ordering agency, consistent with Article 2 of the State of Idaho Contract Terms and Conditions.

8. Inspection and Rejection Ordering agencies reserve the right to inspect and test shipments upon receipt. Non-conforming items must be rejected in writing (via email or formal written notice). The Contractor must replace rejected items at its sole expense, including any costs incurred by the State, within thirty (30) days of the rejection notice. Failure to provide replacement within thirty (30) days may be treated as non-compliance under the Contract Terms and Conditions and may subject the Contractor to the remedies set forth therein.

9. Defective Cartridges The Contractor and the manufacturer are responsible for ensuring that all ammunition delivered under this Contract is free from defects, including squib loads and hot loads. Any ammunition found to contain such defects must be subject to immediate rejection by the ordering agency. The Contractor must bear all transportation costs associated with the return of rejected ammunition and the delivery of compliant replacement ammunition, at no cost to the ordering agency.

10. Fill Rate The Contractor must maintain a minimum quarterly fill rate of ninety percent (90%) across all ordering agencies and eligible public agencies during each quarter of the Contract term. The fill rate is calculated as the percentage of line items ordered, across all agencies, that are delivered in full and without substitution. Orders placed by political subdivisions under the Public Agency Clause must be included in the fill rate calculation.

Orders where the Contractor and ordering agency have mutually agreed in writing to a delivery timeframe exceeding 90 days ARO pursuant to Section 6.4 must still be included in the Contractor's Quarterly Fill Rate report as applicable contract sales; however, such orders are excluded from the fill rate calculation for the quarter(s) in which the extended delivery timeframe applies, provided the order is ultimately delivered in full and without substitution within the mutually agreed timeframe.

The Contractor must maintain a minimum quarterly fill rate of ninety percent (90%) across all ordering agencies and eligible public agencies during each quarter of the Contract term. The fill rate is calculated as the percentage of line items ordered, across all agencies, that are delivered in full and without substitution within the lead time specified in Section 6.3 of this Exhibit. Orders placed by political subdivisions under the Public Agency Clause must be included in the fill rate calculation.

Failure to maintain the required fill rate may be cause for non-renewal or termination of the Contract, at the sole discretion of the Division of Purchasing. The Division of Purchasing reserves the right to request fill rate data and supporting documentation from the Contractor at any time during the Contract term.

11. Agency Responsibilities and Testing Ordering entities reserve the right to test shipments for compliance with the specifications set forth in Exhibit 3, including misfire rates and ballistics performance. The Contractor must provide complete ballistics data upon request to support such testing. Acceptance of items designated as “or equal/similar” must be determined by the using agency.

12. Safety Recall and Safety Notice In the event of a product recall, safety notice, or advisory issued by a manufacturer, SAAMI, or any federal agency affecting any lot number delivered under this contract, the Contractor must notify the Division of Purchasing and all affected ordering agencies in writing within forty-eight (48) hours of the Contractor’s knowledge of such recall or notice. Notification must identify the affected lot numbers, the nature of the issue, and the Contractor’s proposed remedy, which may include replacement, credit, or return at the Contractor’s expense.

13. DOT/Hazardous Materials Compliance The Contractor is solely responsible for compliance with all applicable U.S. Department of Transportation (DOT) regulations governing the packaging, labeling, and transport of ammunition as a hazardous material. All shipments must conform to 49 CFR Parts 100–185 and bear proper UN markings applicable to the specific product. Hazardous materials handling charges are freight costs subject to the invoicing requirements of the Freight and Shipping Costs section of this Exhibit.

14. Records Retention The Contractor must maintain or supervise the maintenance of all records necessary to properly account for all payments made to the Contractor pursuant to the Contract. These records must be retained by the Contractor for at least three (3) years after the Contract terminates, or until all audits initiated within the three (3) years have been completed, whichever is later.

15. Audit Rights The Contractor must allow State and Federal auditors and State purchasing staff access to all records relating to this Contract, for audit, inspection, and monitoring of services or performance. Such access must be provided during normal business hours or by appointment. Failure to provide access may be treated as non-compliance under the Contract Terms and Conditions.

16. Surviving Purchase Orders Purchase orders issued by ordering agencies prior to the expiration or termination of this Contract must remain in full force and effect and must be fulfilled by the Contractor in accordance with the terms of this Contract, provided that such orders were placed while the Contract was in effect. The Contractor's obligation to fulfill open purchase orders survives expiration or termination of the Contract and is not extinguished by the end of the Contract term. This section does not require the Contractor to fulfill orders placed after the Contract expiration or termination date.

17. Public Agency Clause Contract prices must be extended to other “Public Agencies” as defined in Section 67-2327 of Idaho Code, limited to any city or political subdivision of this state, including, but not limited to counties; school districts; highway districts; and port authorities; instrumentalities of counties, cities or any political subdivision created under the laws of the state of Idaho; and any agency of the state government. Eligibility to use this contract is limited to public agencies within the State of Idaho.

It will be the responsibility of the Public Agency to independently contract (i.e., issue purchase orders) with the Contractor and/or comply with any other applicable provisions of Idaho Code governing public contracts.

prices must be extended to other “Public Agencies” as defined in Section 67-2327 of Idaho Code, which definition reads: “Public agency” means any city or political subdivision of this state, including, but not limited to counties; school districts; highway districts; and port authorities; instrumentalities of counties, cities or any political subdivision created under the laws of the state of Idaho; any agency of the state government; and any city or political subdivision of another state.

It will be the responsibility of the Public Agency to independently contract (i.e., issue purchase orders) with the Contractor and/or comply with any other applicable provisions of Idaho Code governing public contracts.

EXHIBIT 3

Specifications The following are mandatory minimum specifications. Where a specific manufacturer, brand, or product name is referenced, it is cited as a benchmark of the required quality, performance, and characteristics; equivalent products meeting or exceeding those standards are acceptable ("brand name or equal"). Bids that fail to meet these requirements may be deemed non-responsive.

The complete list of required ammunition types, calibers, and quantities is set forth in Submittal Form B (Bid Schedule). All Bids must reference Submittal Form B to identify the specific line items being offered. The specifications in this Exhibit apply to all line items listed in Submittal Form B.

1. Ammunition Quality and Production Standards

1.1. All ammunition must be new production, factory-loaded, and shipped in original manufacturer packaging (“new in box”). Refurbished, reloaded, or surplus ammunition is not acceptable.

1.2. Ammunition must be clean-burning, non-corrosive, and suitable for use in agency training and qualification environments without excessive fouling or weapon wear.

1.3. All line items requiring training or practice-grade ammunition must be of Full Metal Jacket (FMJ) or Total Metal Jacket (TMJ) construction to ensure reliable cycling and minimize lead fouling in barrels. Line items specified for qualification or precision training applications (including jacketed hollow point and open tip match) are evaluated under industry norms applicable to those types.

1.4. Each cartridge must be headstamped with the caliber designation and the manufacturer’s name or trademark. Unmarked or improperly headstamped ammunition is not acceptable.

1.5. The Contractor must be prepared to provide lot manufacturing date documentation upon request.

1.6. For agencies utilizing indoor ranges, ordering entities may specify lead-free primer ammunition at the time of order. The Contractor is encouraged but not required to identify which offered products are available in lead-free primer configurations; if lead-free primer variants are offered, they must meet all other specifications in this Exhibit.

2. Manufacturing and Compliance Standards

2.1. All ammunition must be manufactured in the United States.

2.2. All ammunition must be fully compliant with current SAAMI and ANSI standards for the respective cartridge type, including dimensional, pressure, and velocity specifications. Applicable SAAMI standards include (as relevant): Z299.1 for rimfire, Z299.3 for centerfire pistol/revolver, Z299.4 (2025) for centerfire rifle, and Z299.2 for shotshell.

2.3. For Line Items 1 (9mm Luger NATO) and 11 (5.56 NATO), compliance with the applicable NATO STANAG standard (STANAG 4090 and STANAG 4172, respectively, or their current U.S. military equivalents) is acceptable but not required. SAAMI-compliant ammunition meeting the performance specifications in this Exhibit qualifies as an ‘or equal’ product for these line items. Bidders should note that NATO-specification 9mm operates at higher pressure than standard SAAMI Z299.3; ordering agencies are responsible for confirming firearm compatibility prior to placing orders. Line Items 8, 9, and 10 (.223 Remington) must comply with SAAMI Z299.4. Ordering agencies are responsible for ensuring compatibility between ordered ammunition and their firearms prior to placing orders. For Line Item 1 (9mm Luger NATO), compliance with NATO STANAG 4090 (or its current U.S. military equivalent) is acceptable; Bidders should note that NATO-specification 9mm operates at higher pressure than standard SAAMI Z299.3 and ordering agencies are responsible for confirming firearm compatibility prior to ordering. For Line Item 11 (5.56 NATO), compliance with NATO STANAG 4172 (or its current U.S. military equivalent) is acceptable in lieu of SAAMI Z299.4, provided all other specifications in this Exhibit are met. Line Items 8, 9, and 10 (.223 Remington) must comply with SAAMI Z299.4. Ordering agencies are responsible for ensuring compatibility between ordered ammunition and their firearms prior to placing orders.

2.4. Bidders must offer ammunition from manufacturers that produce ammunition meeting current SAAMI specifications. Manufacturers that are current SAAMI members are presumed to meet this requirement; Bidders representing non-SAAMI-member manufacturers must provide independent laboratory certification of SAAMI compliance upon request. Failure to produce certification upon request may result in the affected products being deemed non-compliant and subject to rejection under Section 8 of Exhibit 2.

2.5. All centerfire ammunition must utilize non-mercuric, non-corrosive primers. Berdan-primed ammunition is not acceptable.

2.6. All centerfire pistol and rifle ammunition must be brass-cased. Steel-cased, aluminum-cased, or polymer-cased ammunition is not acceptable. This requirement reflects participating agency preferences and supports brass recovery and resale programs operated by some ordering entities. This requirement does not apply to shotshell ammunition, which must be supplied in standard factory plastic or paper hull construction appropriate to the gauge and load specified.

3. Packaging and Order Quantities

3.1. Ammunition must be supplied in standard factory case quantities appropriate to each caliber and type. Partial cases or breaking of standard packaging is not required unless specifically requested by the ordering agency and agreed upon by the Contractor, with any associated fees transparently disclosed.

3.2. Packaging must be secure, palletized where appropriate for bulk orders and labeled clearly with caliber, manufacturer, lot number, and quantity.

3.3. Minimum order quantities must be full case sizes per industry standard packaging.

3.4. Ammunition delivered under this Contract may be sourced from one or more manufacturing lots. The Contractor is not required to segregate inventory by lot number prior to shipment, nor to make separate shipments based on lot composition. Each case or box of ammunition included in a shipment must bear the applicable lot number in accordance with the manufacturer’s standard factory packaging. This requirement is intended solely to support post-delivery traceability in the event that a quality or safety concern is identified following receipt. It does not constitute a pre-delivery reporting, billing, or invoicing obligation. In the event that a defect or safety issue is identified with a specific lot following delivery, the ordering agency will reference the lot number information on the manufacturer’s factory packaging to facilitate remediation in accordance with Exhibit 2, Sections 8, 9, and 12. To ensure uniform performance, all ammunition of the same caliber and type within a single delivery must be from the same manufacturing lot. If a single lot is insufficient to fulfill a high-volume order, the Contractor must notify the ordering agency and clearly identify the different lot numbers and quantities associated with each prior to or concurrent with delivery. Failure to identify mixed lots prior to or at the time of delivery entitles the ordering agency to reject the shipment as non-conforming under Section 8 of Exhibit 2.

3.5. A Contractor may decline an order for quantities less than a full standard case only if fulfilling the order would require breaking a sealed manufacturer case and no partial case inventory is available. If the Contractor declines on this basis, the ordering agency may source that quantity from any other Contractor awarded under this Contract. A declination under this provision does not constitute non-fulfillment under Section 5 of this Exhibit and will not be counted against the Contractor's fill rate under Section 10, provided the Contractor notifies the ordering agency of the declination and the reason within three (3) business days of receiving the order.

4. Performance Standards The misfire rate must not exceed five (5) rounds per ten thousand (10,000) rounds for any ammunition type covered by this contract.

EXHIBIT 4

Pre-Bid Conference Registration Form

There will be no pre-bid conference for ITB #1114.

EXHIBIT 5

Questions

General Instructions

· The ITB Lead is the sole point of contact for this solicitation.

· All questions, clarification, or other correspondence must be submitted in writing via email to the ITB Lead.

· The e-mail subject line should include the “ITB Number”, followed by “Questions” (i.e. ITB 12345 Questions).

· Questions must not be submitted through IPRO.

· Questions must be received by the deadline specified in the Procurement Schedule.

· The Bidder must use the table on the following page, to submit all questions or clarifications. The Bidder must adhere to the instructions below.

Instructions Regarding The Table

· Do not change the format, font, font style, or font colors.

· Do not submit any questions related to the State’s Contract Terms or Conditions. Those must be submitted using Exhibit 6.

· Do not identify your name, your company’s name, or product names of intellectual property in your questions.

· Enter the ITB section number that the question is for in the “ITB Section” field (column 2). If the question is a general question not related to a specific ITB section, enter “General” in column 2. If the question is in regard to an attachment, enter the attachment identifier (example “Attachment 1”) in the “ITB Section” (column 2), and the attachment page number in the “ITB page” field (column 3).

· Add additional rows by hitting the “Tab” key while within the table, and within the final row.

· Do not enter text in the “Response” field (column 5). This is for the State’s use only.

Bidder Questions ITB #1114 – Practice Ammunition

EXHIBIT 6

Contract Modifications and Exceptions Before requesting modifications or exceptions to the Contract requirements, terms, and conditions, please review this document for greater context and reasoning behind key items.

1. Idaho Terms and Conditions –…