Attachment A, Scope of Work.pdf

25-46101500-ITB

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ATTACHMENT A

SCOPE OF WORK

1. PURPOSE

To provide Customers with Firearms and Related Accessories on a statewide basis, pursuant to the terms set forth in this Scope of Work.

2. DEFINITIONS

Definitions contained in section 287.012, Florida Statutes (F.S.); Rule 60A-1.001, Florida Administrative Code (F.A.C.); and Attachment C, Enterprise Standard Terms and Conditions; are incorporated by reference. In the event of a conflict, the definitions listed in this section supersede the incorporated definitions for the purposes of this Scope of Work. All definitions apply in both their singular and plural sense.

Accessory – A part or object used for convenience, attractiveness, precision, safety, etc. to improve Firearm capability which meet the requirements, specifications, terms, and conditions herein, and may be installed to, uninstalled from, or provided with or separately from the Firearm by the Manufacturer or Authorized Dealer, as specified, ordered, legal, customary, reasonable, and prudent in the industry.

Alcohol, Tobacco, and Firearms (ATF) – The Bureau of Alcohol, Tobacco, Firearms and Explosives within the United States Department of Justice.

Authorized Dealer – A Manufacturer’s dealer who has been authorized in writing by the Manufacturer to market, sell, provide, and service the Firearms or Accessory(ies) from the Manufacturer. Authorized Dealers may be Contractor-owned and -controlled (in whole or in part).

Business Day – Monday through Friday, inclusive, except for those holidays specified in section 110.117, F.S., from 8:00 a.m. to 5:00 p.m. at the Customer’s location.

Category – A collection of Firearms and Related Accessories that is described in this Scope of Work and Attachment B, Discount Sheet.

Commodity Code – The State’s numeric code for classifying commodities and contractual services which meet specific requirements, specifications, terms, and conditions herein. Florida has adopted the United Nations Standard Products and Services Code (UNSPSC) for classifying commodities and services.

Confidential Information – Information that is trade secret or otherwise confidential or exempt from disclosure under Florida or federal law.

Contract – The written agreement between the Department and the Contractor.

Contract Manager – The representative designated by the Department who will oversee all aspects of the Term Contract, monitor performance expectations, and serve as the primary point of contact for the Contractor.

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Contractor – The vendor that entered into a Term Contract with the Department.

Customer – A State agency or Eligible User.

Department – The Department of Management Services (DMS), a State Agency.

Eligible User – As defined in Rule 60A-1.001, F.A.C.

Fair Market Value (FMV) – The agreed upon price at which ownership of a Product would change between a Customer and a Contractor.

Firearms – Any weapon included in the Products listed in Categories 1-3 and as defined by section 790.001(9), Florida Statues. Firearms are included in the definition of “Product(s)” hereunder.

Firearms and Related Accessories – Collectively all Products and services to be provided by a Contractor pursuant to this Term Contract.

Manufacturer – The producer of Product(s) or an affiliate of such producer who markets such Product(s) under their name or trademark as set forth on Attachment B, Discount Sheet.

Manufacturer’s Suggested Retail Price (MSRP) – The MSRP represents the Manufacturer’s recommended retail selling price, list price, published price, or other usual and customary price that would be paid by the purchaser for specific Products without benefit of a Term Contract. It must be publicly listed, available, and verifiable by the Department.

MSRP Certification – The MSRP Certification in the form of Attachment N, MSRP Certification to be provided by awarded Bidder(s) pursuant to this ITB.

MSRP List – The Manufacturer’s Suggested Retail Price List, a collection of MSRPs and related information broken down by specific Products, including any revisions thereto. In the priority listed below, only the following are acceptable sources of current MSRPs and MSRP Lists for use under the Term Contract:

• Manufacturer’s annual catalog or price list; and

• Manufacturer’s official website or Authorized Dealer software.

Net Price – The final price paid by the Customer after applying all discounts off MSRP.

Non-Original Equipment Manufacturer (Non-OEM) Accessory – A Product produced by a manufacturer or party other than the OEM.

Original Equipment Manufacturer (OEM) Accessory – A Product designed and produced by the original Manufacturer of the Firearm.

Price List – A collection of MSRP and other information for Products that are available for purchase from the Term Contract, including any revisions thereto, in the form of Attachment M, Sample Price List.

Product(s) – A commodity (e.g., Firearms) or related Accessory available through the Term Contract.

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State – The State of Florida.

Term Contract – The legally enforceable State Term Contract, as defined in section 287.012, F.S., between the Department and the Contractor.

3. SCOPE OF WORK

3.1 Description of Scope

The Firearms and Related Accessories available through the Term Contract shall be classified under the following Categories:

Category Number Category Name Category Description

Category 1 Handguns Firearms designed to be held and fired with one hand, such as pistols and revolvers.

Category 2 Shotguns

Firearms designed to fire a number of ball shot or a single projectile from the shoulder through a smooth bore for each pull of the trigger, including semi-automatic, pump action, and break-action shotguns.

Category 3 Rifles

Firearms designed to fire one or more projectiles from the shoulder through a rifled bore for each pull of the trigger, including single-shot, bolt-action, semi-automatic, and automatic rifles.

Category 4 Training Firearms Non-lethal or replica Firearms to be used for safe handling and training.

Services (Optional)

Firearm and Related Accessory Cleaning and

Maintenance

Services consisting of cleaning and maintenance of Firearms and Related

Accessories.

The Contractor shall only provide Firearms and Related Accessories in Category(ies) which they have received an award.

The Contractor may only provide Firearms and Related Accessories in the “Services (Optional)” Category if awarded in at least one Category from Categories 1-4 and only for the Category(ies) awarded.

Ammunition, and any other Products included in Defense Products Contract No. 46000000-21- STC are NOT included in this Contract.

3.2 General Requirements

All Firearms and Related Accessories and Contractor’s sale thereof to a Customer shall be in strict compliance with all requirements, specifications, terms, and conditions outlined in the Term Contract, as well as with local, state, and federal requirements, laws, and regulations. All Firearms shall comply with the Manufacturer’s specifications and specifications made by the

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Customer. Contractor shall be at all times a Manufacturer or Authorized Dealer of the Product(s) it is providing to a Customer and shall immediately notify the Department in the event that the Contractor is no longer such a Manufacturer or Authorized Dealer.

3.3 MSRP List

The Contractor shall submit a current and complete MSRP List that includes the MSRP for all Products, including Firearms, OEM Accessories, and Non-OEM Accessories, for each Manufacturer and Category awarded on Attachment B, Discount Sheet.

The MSRP List must be publicly listed, available, and verifiable by the Department. Any MSRPs in the Contractor’s MSRP List that conflict with or cannot be confirmed by a Manufacturer’s published MSRP will be rejected by the Department.

The Contractor shall include a cover page with the MSRP List, listing the applicable Category, Manufacturer, and MSRP List date.

Contractors shall provide the current MSRP List for all applicable Categories upon request for quote from the Customer.

3.4 Price List

The Contractor shall submit a current and complete Price List that includes all Products, including Firearms, OEM Accessories, and Non-OEM Accessories, for each manufacturer and Category which the Contractor received an award. Attachment M, Sample Price List is included for reference. The Products listed on the Price List must correspond to the Manufacturers and Categories listed on Attachment B, Discount Sheet. The Price List is subject to the Department’s approval. At a minimum, the Price List shall be in the form of Attachment M, Sample Price List and include the following for each Product:

• Manufacturer (as shown on the Attachment B, Discount Sheet);

• Product type (Firearm, OEM Accessory, or Non-OEM Accessory);

• Model number or other identifier that Customers can use to locate the Product on the

Manufacturer’s website;

• Description;

• MSRP (as shown on the current MSRP List); and

• MSRP Discount (as shown on the Attachment B, Discount Sheet)

The Contractor shall include a cover sheet, which shall include the applicable Product, Manufacturer name, Price List title, and Price List date. The MSRP on the Price List must match the latest published MSRP on the MSRP List. The Contractor shall be responsible for removing all non-eligible and unacceptable Products under the Contract from the Contractor’s Price List.

The Contractor may add or remove Products once annually during the life of the Contract by submitting a complete and revised Price List. Products added must be within the Manufacturer and Category that the Contractor received an award. The Contractor may remove Products from the Price List by submitting a complete and revised Price List to the Department. The Contractor shall immediately notify the Department in writing if the Contractor is at any time unable to provide Products on its Price List from the awarded Category and Manufacturer.

3.5 Request for Quotes Requirement

Customers shall use a Request for Quotes in accordance with sections 287.056(2) and 287.0591, F. S., and Rule 60A-1.043, F.A.C., when making purchases off this Term Contract. For any

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Customers shall request a quote from all Contractors awarded for a specific Manufacturer and Category. If the Category is available from the Contractor, the Contractor shall provide Customers with a completed quote for Firearms and Related Accessories purchased under this Contract shall be itemized separately using Attachment L, Quote Form. The Customer and Contractor may negotiate a lower price. Upon Customer request, the completed quote shall be provided by the Contractor and returned to the Customer within two Business Days. The Contractor will provide the price available at the time of the quote using the latest information available from the Manufacturer at the time.

3.6 Authorized Customer Representative

Customers shall appoint at least one authorized Customer representative to pick up and receive deliveries of Firearms and Related Accessories. The Customer is responsible for providing the Contractor with a current list of authorized Customer representatives at the time of purchase.

The authorized Customer representative will also be responsible for completing on behalf of the Customer portions of any forms that are required by applicable law to be completed by the Customer.

3.7 Customer Service

Contractors shall have at least one authorized representative that will be available by phone or e-mail during the Business Day. The representative will respond to inquiries within one Business Day. The representative will handle all inquiries related to ordering, returns, and quality.

3.8 Delivery Requirements

Delivery shall be Free on Board (F.O.B.) destination to the Customer’s location. The Contractor is responsible for all delivery charges. Delivery of all Firearms and Related Accessories shall be within 45 calendar days after Contractor’s receipt of the Customer’s order, unless there is a delay on account of reasons solely attributable to the Customer. The Contractor shall notify the Customer, in writing, of any potential delivery delays within three Business Days. Upon mutual agreement, the Customer may agree, but shall not be obligated in any event, to a revised delivery timeframe for a Customer’s Firearms and Related Accessories order. The Contractor must receive written approval from the Customer for a revised delivery timeframe and shall only be applicable to the orders identified in the written approval from the Customer. Notwithstanding the foregoing, in the event there is a delay in the delivery of a Customer’s order of Firearms and Related Accessories on account of reasons solely attributable to the Customer, Customer will agree to a reasonable extension of the delivery timeframe to account for such delay.

3.9 Preparation for Delivery

All Products shall be packaged and prepared to ensure safe delivery to the Customer’s identified destination at the lowest rates, based on Customer’s requested shipping method and timeframes. Packaging shall comply with all applicable local, state, and federal laws, including the requirements of section 403.7191, Florida Statues, as well as any applicable laws and ATF regulations. Due to the nature of the Products that are provided under this Contract, Contractors must ensure that Products are delivered only to authorized Customer representatives and are securely packaged, with precautions taken to prevent accidental breakage or mis-delivery to unauthorized individual(s). Title and risk of loss or damage to all Products shall be the responsibility of the Contractor until accepted by the Customer in accordance with this Contract.

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Each container shall be marked to include a description of the Products, the name of the Contractor, the Term Contract number, and purchase order number.

3.10 Product Inspection, Acceptance, and Returns

The Customer, within three Business Days of delivery, will inspect the delivered Products for acceptance. The Customer shall compare the physical Products delivered, Contract prices, discounts, requirements, specifications, terms, conditions, and Customer order, to ensure the Products received meets or exceeds the requirements, specifications, terms, and conditions of the Contract and Customer order.

The Customer and Contractor agree that inspection and acceptance shall be the Customer’s responsibility and occur at the Customer’s location. Transportation and delivery of the Products do not constitute acceptance for the purpose of payment. Acceptance and authorization of payment shall be given by the Customer only after a thorough inspection indicates that the Products are undamaged and meet the Customer’s specifications and the Term Contract requirements, specifications, terms, and conditions.

The Contractor shall be responsible for filing, processing, and collecting all damage claims from the Customer. The Customer shall assist the Contractor by:

• Recording any evidence of visible damage on all copies of the delivery carrier’s bill of lading;

• Reporting any known visible and concealed damage to the carrier and the Contractor, in writing and requesting that the carrier inspect the damaged merchandise; and

• Providing the Contractor with a copy of the carrier’s bill of lading, damage inspection report, or any other associated delivery reports.

The Contractor is obligated to correct any errors or damage in the Products as specified by the Customer within 10 Business Days. If the Contractor fails to correct the error or damage within 10 Business Days, the Customer may be entitled to a full refund. Failure by the Customer to discover an error in the Products shall not relieve the Contractor of its obligation to correct the error in the event it is found any time after the Product is delivered.

3.11 Testing

At the Contractor’s discretion, the Customer may request to test Products prior to purchasing. The duration of testing shall not exceed four Business Days and shall be at no cost to the Customer.

The terms of product testing shall be at the discretion of the Contractor.

Samples of delivered Products may be selected at random by Customers or Department and tested for compliance with the requirements, specifications, terms, and conditions set forth in the Term Contract and any Customer agreement.

3.12 Compliance and Compatibility

It is the Contractor’s responsibility to ensure that the Products and Services supplied are compliant with the Term Contract requirements, specifications, terms, and conditions and all applicable laws, rules, codes, ordinances, and licensing requirements. Additionally, the Contractor shall ensure that all Products ordered by the Customer are fully compatible with each other and with any associated pre-existing Products possessed by the Customer and disclosed to the Contractor by the Customer. The Contractor’s acceptance of the Customer’s order shall indicate that the Contractor agrees to deliver Products and Services that are fully compliant and compatible with the Customer’s order requirements, specifications, terms, and conditions.

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3.13 Punchout Catalog and Electronic Invoicing

The Contractor is encouraged to provide an MFMP punchout catalog.

The punchout catalog provides an alternative mechanism for suppliers to offer the State access to Products awarded under the Term Contract. The punchout catalog also allows for direct communication between the MFMP eProcurement System and a supplier’s Enterprise Resource Planning (ERP) system, which can reflect real-time Product inventory/availability information.

The punchout catalog enables Florida buyers to “punch out” to a supplier’s website. Using the search tools on the supplier’s Florida punchout catalog site, the user selects the desired Products.

When complete, the user exits the supplier’s punchout catalog site and the shopping cart (full of Products) is “brought back” to MFMP. No orders are sent to a supplier when the user exits the supplier’s punchout catalog site. Instead, the chosen Products are “brought back” to MFMP as line items in a purchase order. The user can then proceed through the normal workflow steps, which may include adding, deleting, and editing Products (i.e., line items) in the purchase order.

An order is not submitted to a supplier until the user approves and submits the purchase order, at which point the supplier receives an email with the order details.

The Contractor may supply electronic invoices in lieu of paper-based invoices for those transactions processed through MFMP. Electronic invoices may be submitted to the Customer through one of the mechanisms as listed below:

1) EDI (Electronic Data Interchange) This standard establishes the data contents of the Invoice Transaction Set (EDI 810) for use within the context of an Electronic Data Interchange (EDI) environment. This transaction set can be used for invoicing via the Business Network (formerly known as Ariba Network) for catalog and non-catalog goods and services.

2) PO Flip via BN This online process allows Contractors to submit invoices via the BN for catalog and non-catalog goods and services. Contractors are able to create an invoice directly from their inbox in their BN account by simply "flipping" the PO into an invoice. This option does not require any special software or technical capabilities.

The Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider of MFMP, a State contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within MFMP the information outlined above.

In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider the right and license to reproduce and display within MFMP the Contractor's trademarks, system marks, logos, trade dress, or other branding designation that identifies the Products made available by the Contractor under the Term Contract.

3.14 Pricing

The Contractor shall adhere to the MSRP Discount submitted in Attachment B, Discount Sheet, which is incorporated into the Contract.

The MSRP Discount shall remain firm throughout the entire Initial Term and Renewal Term of the Contract.

All Products under the Term Contract will be provided at the MSRP Discount set forth in Attachment B, Discount Sheet or at a greater MSRP Discount than what is set forth in

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Attachment B, Discount Sheet and must be new and the current model. Details of service not explicitly stated in the Scope of Work or in the Contractor’s offerings, but not necessarily a part of, are deemed to be understood by the Contractor and included herein. All administrative, reporting, or other requirements, all overhead costs and profit and any other costs toward the execution of the requirements in the Contract are included in the pricing provided.

The Contractor may only provide Services (Optional) at the Hourly rate provided in Attachment B, Discount Sheet.

3.15 Trade-In

If applicable the Contractor may allow Customers to participate in trade-in credits for Products.

Trade-in Products may differ from the Category of the Customer’s Purchase.

If a Customer chooses to participate in trade-in for credit, the Customer shall notify the Contractor and provide the Contractor with the Products and quantities for trade-in. The Contractor shall provide the Customer with a completed Attachment L, Quote Form. The Contractor shall include the estimate for trade-in Products based on Fair Market Value (FMV) consistent with reputable sources, at the time of the quote, for new purchases in the completed Attachment L, Quote Form. If a Customer accepts the estimated trade-in value, the Customer shall confirm in writing to the Contractor within 30 days. Product trade-in value shall be applied as a credit against the Net Price of the Customer’s Purchase Order and shall not be utilized as a reduction of the MSRP of any Product.

The Department and the Customer disclaim all warranties including any warranties for fitness for particular purpose or merchantability of the weapons. The Contractor releases the Department and the Customer from all liability related to the use of the Products and will ensure that any third parties that receive any Products are made aware of this disclaimer, including but not limited to the “as-is” nature of the Products and agree to release the Department and the Customer from all liability related to the use of the Products.

3.16 Additional Services

At the Contractor’s discretion and at the Customers request, at time of purchase, additional services, including but limited to, engraving, stock modification, coloration may be provided under this Term Contract. Any request for additional services shall include specifications and be mutually agreed upon between the Customer and Contractor.

3.17 Recalled Products

In the event there is a recall of any Product offered on the Term Contract, or any part or component of a, or any parts incorporated into the Product, the Contractor shall assist the Department and Customers in developing a recall strategy and shall cooperate with the Department and the Customers in monitoring the recall operation and in preparing such reports as may be required.

Each Contractor shall, at the request of the Department or any Customer, assist the Department and each Customer in locating and obtaining any recalled Products. Each Contractor shall immediately notify and provide copies to the Department of any communications, whether relating to recalls or otherwise, with any Customer. The Contractor shall ensure recalled Products are rectified, replaced and destroyed in compliance with all applicable laws, rules or regulations and the Department's instructions. All efforts relating to Recalled Products shall be at the Contractor’s expense.

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3.18 Warranty

The Contractor shall ensure that the Manufacturer’s standard warranty shall cover all Products available through the Term Contract. The Manufacturer’s standard warranty is required to provide coverage against defective material, workmanship, and failure to perform in accordance with the specifications and required performance criteria. The Manufacturer’s standard warranty coverage shall be identical to or exceed the most inclusive of those customarily provided for the Products specified herein that are sold to any federal, state, or local governments. The Manufacturer’s standard warranty shall have a minimum term of one year from the acceptance section and shall begin only at the time of acceptance by the Customer.

Should the Manufacturer’s standard warranty conflict with any requirements, specifications, terms, or conditions of the Term Contract, or any Customer agreement then the Term Contract and Customer agreement requirements, specifications, terms, and conditions shall prevail.

3.19 Documentation

In addition to the other documentation requirements set forth in the Term Contract and the PUR 1000, the Contractor shall adhere to all federal, state and local laws and regulations, including all applicable laws and ATF regulations. At the Customer’s request, the Contractor shall be required to provide proof of all licensing documentation to the Customer. The Customer may request additional reports with written notice to the Contractor.

3.20 Financial Consequences

Failure to comply with the requirements of the Term Contract will result in the imposition of financial consequences. The following financial consequences will apply for the Contractor’s failure to meet the performance metric standard and due date corresponding with the deliverables under the Term Contract. The Customer may impose additional Financial Consequences beyond those stated herein to apply to that Customer’s purchase. The State of Florida reserves the right to withhold payment or implement other appropriate remedies, such as Term Contract termination, or nonrenewal, when the Contractor has failed to comply with the provisions of the Term Contract.

The financial consequences below will be paid and received by the Department of Management Services within 30 calendar days from the due date specified by the Department. These financial consequences below are individually assessed for failures over each target period beginning with the first full month or quarter of the Term Contract performance and every month or quarter, respectively, thereafter.

Financial Consequences Chart

Deliverable Performance Metric Performance Due Date

Financial Consequence for Non-Performance

Contractor will timely submit complete Term Contract Quarterly Sales Reports

All Term Contract Quarterly Sales Reports will be submitted timely with the required information

Completed reports are due on or before the 30th calendar day after the close of each State fiscal quarter

$250 per day late

Contractor will timely submit complete MFMP Transaction Fee Reports

All MFMP Transaction Fee Reports will be submitted timely with

Completed reports are due on or before the 15th calendar day

$100 per day late

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No favorable action will be considered when Contractor has outstanding Term Contract Quarterly Sales Reports, MFMP Transaction Fee Reports, or any other documentation owed to the Department or Customer, to include fees / monies, that are required under the Term Contract.

Deliverable Performance Metric Performance Due Date

Financial Consequence for Non-Performance the required information after the close of each month

Contractor will timely implement the Mandatory Punchout Catalog Implementation

Term Contract duration

Within 90 calendar days of Term Contract execution

$100 per day late

Contractor will timely deliver Product(s) to the Customer’s location

Customers will receive Product(s) timely

The Products must be delivered within 45 calendar days after Contractor’s receipt of the Customer’s order.

$100 per day late