CN-620000-00082.pdf

STATE OF FLORIDA DEPARTMENT OF MILITARY AFFAIRS

STANDARD WRITTEN CONTRACT

Contract No.: DMA-JD-635 F.E.l.D. No.:F463568054 001

D.M.S. Catalog Class No.:46151505 Object Code: 341000

Maximum Contract Amount: $926.700.00

BY THIS Contract, made and entered into this 15th day of June 2017 by and between the STATE OF FLORIDA DEPARTMENT OF MILITARY AFFAIRS, hereinafter called the "Department" and Levang Enterprises, Inc. duly authorized to conduct business in the State of Florida, hereinafter called "Vendor," hereby agree as follows:

1. SERVICES AND PERFORMANCE

A. In connection with providing Model/Part No. FLCLCLRUL5M - Ballistic Panels to facilities located throughout the state of Florida, the Department does hereby retain the Vendor to furnish certain services, information, and items as described in Sol icitation No. DMA-ITB-209 attached hereto and made a part hereof.

B. Before making any additions or deletions to the work described in this Contract, and before undertaking any changes or revisions to such work, the parties shall negotiate any necessary cost changes and shall enter into an Amendment covering such work and compensation . Reference herein to this Contract shall include any amendment(s).

C. All tracings, plans, specifications, maps, computer files , and reports prepared or obtained under this Contract, as well as all data collected , together with summaries and charts derived there from, shall be the exclusive property of the Department without restriction or limitation on their use and shall be made available, upon request, to the Department at any time during the performance of such services and/or upon completion or termination of this Contract. Upon delivery to the Department of said document(s) , the Department shall become the custodian thereof in accordance with Chapter 119, Florida Statutes. The Vendor shall not copyright any material and products or patent any invention developed under this Contract. The Department shall have the right to visit the site for inspection of the work and the products of the Vendor at any time.

D. All final plans, documents, reports, studies, and other data prepared by the Vendor shall bear the professional's seal/signature, in accordance with the applicable Florida Statutes, Administrative Rules promulgated by the Department of Business and Professional Regulation, and guidelines published by the Department, in effect at the time of execution of this Contract. In the event that changes in the statutes or rules create a conflict with the requirements of published guidel ines, requ irements of the statutes and rules shall take precedence.

E. The Vendor agrees to provide project schedule progress reports in a format acceptable to the Department and at intervals establ ished by the Department. The Department shall be entitled at all times to be advised, at its request, as to the status of work being done by the Vendor and of the details thereof. Coordination shall be maintained by the Vendor with representatives of the Department, or of other agencies interested in the project on behalf of the Department. Either party to this Contract may request and be granted a conference.

F. All services shall be performed by the Vendor to the satisfaction of the Purchasing Director who shall decide all questions, difficulties , and disputes of any nature whatsoever that may arise under or by reason of this Contract, the prosecution and fulfillment of the services hereunder and the character, qual ity, amount of value thereof; and the decision upon all claims, questions, and disputes shall be final and binding upon the parties hereto. Adjustments of compensation and contract time because of any major changes in the work that may become necessary or desirable as the work progresses shall be subject to mutual agreement of the parties, and amendment(s) shall be entered into by the parties in accordance herewith.

Referenced herein the Purchasing Director is John Connor. (904) 823-0241. email : John.D.Connor2.nfg@mail.mi l.

Referenced herein the Contract Administrator/Manager is Erin Lewis. (904) 823-0403. email : Rannah.E.Lewis.nfg@mail.mil .

Referenced herein the Project Manager is Alex Hill (904) 823-0122. email : Alex.E.Hill2.ctr@mail.mil.

2. TERM

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A. Initial Term. This Contract shall begin on the date of execution and shall remain in full force and effect through completion of all panel deliveries, and assembly services required or December 31, 2017, whichever occurs first. Subsequent to the execution of this Contract by•both parties, the services to be rendered by the Vendor shall commence and be completed in accordance with the option selected below. (Select box and indicate date(s) as appropriate) :

D Services shall commence ____ and shall be completed by _____ or date of termination , whichever occurs first.

C8] Services shall commence upon written notice from the Department via the issuance of purchase orders written pursuant to this contract. Maximum Quantity of 300, purchase orders will be issued based on funding availability.

OOther: See Exhibit "A"

B. RENEWALS (Select appropriate box):

C8] This Contract may not be renewed .

D This Contract may be renewed for a period that may not exceed three (3) years or the term of the original contract, whichever period is longer. Renewals shall be contingent upon satisfactory performance evaluations by the Department and subject to the availability of funds. Any renewal or extension shall be in writing and shall be subject to the same terms and conditions set forth in this Contract.

C. EXTENSIONS. In the event that circumstances arise which make performance by the Vendor impracticable or impossible within the time allowed or which prevent a new contract from being executed, the Department, in its discretion, may grant an extension of this Contract. Extension of this Contract shall be in writing for a period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in this Contract; provided the Department may, in its discretion, grant a proportional increase in the total dollar amount based on the method and rate established herein . There shall be only one extension of this Contract unless the failure to meet the criteria set forth in this Contract for completion of this Contract is due to events beyond the control of the Vendor.

It shall be the responsibility of the Vendor to ensure at all times that sufficient time remains in the Project Schedule within which to complete services on the project. In the event there have been delays which would affect the project completion date, the Vendor shall submit a written request to the Department which identifies the reason(s) for the delay and the amount of time related to each reason. The Department shall review the request and make a determination as to granting all or part of the requested extension .

3. COMPENSATION AND PAYMENT

A. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Section 215.422(14), Florida Statutes.

B. If this Contract involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payments.

C. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Invoices shall be submitted to the Contract Manager, with a copy provided to the Contract Administrator.

D. The bills for any travel expenses, when authorized by terms of this Contract and by the Department's Contract Manager, shall be submitted in accordance with Section 112.061 , Florida Statutes.

E. Vendors providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services, unless otherwise specified herein . The Department has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty

(20) days are measured from the latter of the date the invoice is received or the goods or services are received , inspected and approved.

F. If a payment is not available within forty (40) days; a separate interest penalty as established pursuant to Section 215.422, Florida Statutes, shall be due and payable, in addition to the invoice amount, to the Vendor. Interest penalties of less than one

(1) dollar shall not be enforced unless the Vendor requests payment. Invoices which have to be returned to a Vendor because of

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Vendor preparation errors shall result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department.

G . The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22) , Florida Statutes. All payments issued by Agencies or Eligible Users to registered Vendors for purchases of commodities or contractual services shall be assessed Transaction Fees as prescribed by rule 60A-1 .031 , Florida Administrative Code, or as may otherwise be established by law. Vendors shall pay the Transaction Fees and agree to automatic deduction of the Transaction Fees, when automatic deduction becomes available. Vendors shall submit any monthly reports required pursuant to the rule . All such reports and payments shall be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions shall constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida.

H. A vendor ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Consumer Hotline, 1-800-342-2762.

I. Records of costs incurred under terms of this Contract shall be maintained and made available upon request to the Department at all times during the period of this Contract and for three (3) years after final payment for the work pursuant to this Contract is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred shall include the Vendor's general accounting records and the project records, together with supporting documents and records of the Vendor and all subcontractors performing work on the project, and all other records of the Vendor and subcontractors considered necessary by the Department for a proper audit of project costs.

J. The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the Department's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the State Legislature and/or the availability of Federal Funds.

4. INDEMNITY AND PAYMENT FOR CLAIMS

A. INDEMNITY: The Vendor shall indemnify and hold harmless the Department, its officers and employees from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees , to the extent caused by negligence, recklessness, or intentional wrongful misconduct of the Vendor and persons employed or utilized by the Vendor in the performance of this Contract.

It is specifically agreed between the parties executing this Contract that it is not intended by any of the provisions of any part of the Contract to create in the public or any member thereof, a third party beneficiary hereunder, or to authorize anyone not a party to this Contract to maintain a suit for personal injuries or property damage pursuant to the terns or provisions of this Contract.

B. SOVEREIGN IMMUNITY: Nothing contained herein shall be construed as a waiver of the limitations on liability enjoyed by the Department, as provided in Section 768.28 , Florida Statutes.

C. PAYMENT FOR CLAIMS: The Vendor guaranties the payment of all just claims for materials, supplies, tools , or labor and other just claims against the Vendor or any subcontractor, in connection with the Contract. The Department's final acceptance and payment does not release the Vendor's bond until all such claims are paid or released .

D. LIABILITY INSURANCE. (Select and complete as appropriate) :

D No general liability insurance is required.

~ The Vendor shall carry and keep in force during the term of this Contract, a general liability insurance policy or policies with a company or companies authorized to do business in Florida , affording public liability insurance with a combined bodily injury limits of at least $100.000.00 Per Person and $300,000.00 each occurrence, and property damage insurance of at least $100.000.00 each occurrence, for the services to be rendered in accordance with this Contract.

0 The Vendor shall have and maintain during the term of this Contract, a professional liability insurance policy or policies or an irrevocable letter of credit established pursuant to Chapter 675 and Section 337.106, Florida Statutes, with a company or companies authorized to do business in the State of Florida, affording liability coverage for the professional services to be rendered in accordance with this Contract in the amount of$ _______ _

E. WORKERS COMPENSATION. The Vendor shall also carry and keep in force Workers' Compensation insurance as required for the State of Florida under the Workers' Compensation Law.

F. PERFORMANCE AND PAYMENT BOND. (Select as appropriate) :

~ No Bond is required

OPrior to commencement of any services pursuant to this Contract and at all times during the term hereof, including renewals and extensions, the Vendor will supply to the Department and keep in force a bond provided by a surety authorized to do business in the State of Florida, payable to the Department and conditioned for the prompt, faithful , and efficient performance of this Contract according to the terms and conditions hereof and within the time periods specified herein , and for the prompt payment of all persons furnishing labor, materials, equipment, and supplies therefore.

G. CERTIFICATION. With respect to any insurance policy, required pursuant to this Contract, all such policies shall be issued by companies licensed to do business in the State of Florida. The Vendor shall provide to the Department certificates showing the required coverage to be in effect and showing the Department to be an additional certificate holder. Such policies shall provide that the insurance is not cancelable except upon thirty (30) days prior written notice to the Department.

5. COMPLIANCE WITH LAWS

A. The Vendor shall comply with Chapter 119, Florida Statutes. Specifically the Vendor shall :

(1) Keep and maintain public records required by the Department to perform the service.

(2) Upon request from the Department's custodian of public records, or his designee, provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.

(3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the Vendor does not transfer the records to the Department.

(4) Upon completion of the Agreement, transfer, at no cost, to the Department, all public records in possession of the Vendor or keep and maintain public records required by the Department to perform the service. If the Vendor transfers al public records to the Department upon completion of the contract, the Vendor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Vendor keeps and maintains public records upon completion of the Contract, the Vendor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Department, upon request from the Department's custodian of records, or his designee, in a format that is compatible with the information technology systems of the Department.

If the Vendor has questions regarding the application of Chapter 119, Florida Statutes, to the Vendor's duty to provide public records relating to this Contract, contact the Custodian of Public Records at:

Florida Department of Military Affairs Attn: John Connor 82 Marine Street

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Saint Augustine, FL 32084 John.D.Connor2.nfg@mail.mil

(904) 823-0241

FAX (904) 823-0153

B. The Vendor agrees that it shall make no statements, press releases or publicity releases concerning this Contract or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with this Contract, or any particulars thereof, during the period of the Contract, without first notifying the Department's Contract Manager and securing prior written consent. The Vendor also agrees that it shall not publish , copyright, or patent any of the data developed under this Contract, it being understood that such data or information are works made for hire and the property of the Department.

C. The Vendor shall comply with all federal , state, and local laws and ordinances applicable to the work or payment for work thereof, and will not discriminate on the grounds of race, color, religion, sex, national origin , age, or disability in the performance of work under this Contract.

D. If the Vendor is licensed by the Department of Business and Professional Regulation to perform the services herein contracted , then Section 337.162, Florida Statutes, applies as follows:

(1) If the Department has knowledge or reason to believe that any person has violated the provisions of state professional licensing laws or rules, it shall submit a complaint regarding the violations to the Department of Business and Professional Regulation . The complaint shall be confidential.

(2) Any person who is employed by the Department and who is licensed by the Department of Business and Professional Regulation and who, through the course of the person's employment, has knowledge to believe that any person has violated the provisions of state professional licensing laws or rules shall submit a complaint regarding the violations to the Department of Business and Professional Regulation. Failure to submit a complaint about the violations may be grounds for disciplinary action pursuant to Chapter 455, Florida Statutes, and the state licensing law applicable to that licensee. The complaint shall be confidential.

(3) Any complaints submitted to the Department of Business and Professional Regulation are confidential and exempt from Section 119.07(1 ), Florida Statutes, pursuant to Chapter 455.32(15) , Florida Statutes, and applicable state law.

E. The Vendor covenants and agrees that it and its employees and agents shall be bound by the standards of conduct provided in applicable law and applicable rules of the Board of Business and Professional Regulation as they relate to work performed under this Contract. The Vendor further covenants and agrees that when a former state employee is employed by the Vendor, the Vendor shall require that strict adherence by the former state employee to Sections 112.313 and 112.3185, Florida Statutes, is a condition of employment for said former state employee. These statutes will by reference be made a part of this Contract as though set forth in full . The Vendor agrees to incorporate the provisions of this paragraph in any subcontract into which it might enter with reference to the work performed pursuant to this Contract.

F. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal , or reply on a contract to provide any goods or services to a public entity, may not submit a bid , proposal , or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six

(36) months following the date of being placed on the convicted vendor list.

G. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal , or reply on a contract to provide any goods or services to a public entity, may not submit a bid , proposal , or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity.

H. The Department shall consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Vendor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this agreement.

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I. Pursuant to Florida Statutes 216.347 and 11 .062, the vendor may not expend State funds for the purpose of lobbying the Legislatur~ . the judicial branch, or a state agency.

J. Federal funding has been provided through Master Cooperative Agreement (MCA) W911YN-16-2-1000 for this contract. In accordance with Article IX, Section 902 of the MCA, the terms and conditions of Article VIII of the MCA will prevail in the event this Article offers more protection to the Department. Article VIII of the MCA is hereby incorporated and made part of this Contract.

6. TERMINATION AND DEFAULT

A. This Contract may be canceled by the Department in whole or in part at any time the interest of the Department requires such termination . The Department reserves the right to terminate or cancel this Contract in the event an assignment is made for the benefit of creditors.

B. If the Department determines that the performance of the Vendor is not satisfactory, the Department shall have the option of

(a) immediately terminating the Contract, or (b) notifying the Vendor of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Contract will be terminated at the end of such time, or (c) taking whatever action is deemed appropriate by the Department.

C. If the Department requires termination of the Contract for reasons other than unsatisfactory performance of the Vendor, the Department shall notify the Vendor of such termination , with instructions as to the effective date of termination or specify the stage of work at which the Contract is to be terminated.

D. If the Contract is terminated before performance is completed , the Vendor shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the agreement price as the amount of work satisfactorily completed is a percentage of the total work called for by this Contract. All work in progress shall become the property of the Department and shall be turned over promptly by the Vendor.

7. ASSIGNMENT AND SUBCONTRACTS

A. The Vendor shall maintain an adequate and competent staff so as to enable the Vendor to timely perform under this Contract and may associate with it such subcontractors, for the purpose of its services hereunder, without additional cost to the Department, other than those costs within the limits and terms of this Contract. The Vendor is fully responsible for satisfactory completion of all subcontracted work. The Vendor, however, shall not sublet, assign, or transfer any work under this Contract to other than subcontractors specified in the proposal , bid , and/or Contract without the written consent of the Department.

B. Select the appropriate box:

~ The following provision is not applicable to this Contract:

D The following provision is hereby incorporated in and made a part of this Contract:

It is expressly understood and agreed that any articles that are the subject of, or required to carry out this Contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this Contract the person, firm , or other business entity (Vendor) carrying out the provisions of this Contract shall be deemed to be substituted for the state agency (Department) insofar as dealings with such qualified nonprofit agency are concerned . Available pricing, products, and delivery schedules may be obtained by contacting :

RESPECT

2475 Apalachee Parkway Tallahassee, FL 32301-4946 Phone: (850)487-1471

D The following provision is hereby incorporated in and made a part of this Contract:

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It is expressly understood and agreed that any articles which are the subject of, or required to carry out this Contract sh.all be parchased from the corporation identified under Chapter 946, Florida Statutes, in the same manner and under the procedures set forth in Sections 946.515(2) and (4), Florida Statutes; and for purposes of this Contract the person, firm, or other business entity (Vendor) carrying out the provisions of this Contract shall be deemed to be substituted for this agency (Department) insofar as dealings with such corporation are concerned .

The "corporation identified" is Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). Available pricing , products, and delivery schedules may be obtained by contacting :

PRIDE Enterprises 12425 - 28th Street, North St. Petersburg, FL 33716-1826 (800)643-8459

8. MISCELLANEOUS

A. The Vendor and its employees, agents, representatives, or subcontractors are not employees of the Department and are not entitled to the benefits of State of Florida employees. Except to the extent expressly authorized herein , Vendor and its employees, agents, representatives, or subcontractors are not agents of the Department or the State for any purpose or authority such as to bind or represent the interests thereof, and shall not represent that it is an agent or that it is acting on the behalf of the Department or the State. The Department shall not be bound by any unauthorized acts or conduct of the Vendor or its employees, agents, representatives, or subcontractors. Vendor agrees to include this provision in all its subcontracts under this Contract.

B. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders.

C. This Contract embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Contract shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. The State of Florida terms and conditions, whether general or specific, shall take precedence over and supersede any inconsistent or conflicting provision in any attached terms and conditions of the Vendor.

D. It is understood and agreed by the parties hereto that if any part, term or provision of this Contract is by the courts held to be illegal or in conflict with any law of the State of Florida, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular part, term, or provision held to be invalid .

E. This Contract shall be governed by and construed in accordance with the laws of the State of Florida.

F. In any legal action related to this Contract, instituted by either party, the Vendor hereby waives any and all privileges and rights it may have under Chapter 47 and Section 337.19, Florida Statutes, relating to venue, as it now exists or may hereafter be amended, and any and all such privileges and rights it may have under any other statute, rule , or case law, including, but not limited to those grounded on convenience. Any such legal action may be brought in the appropriate Court in the county chosen by the Department and in the event that any such legal action is filed by the Vendor, the Vendor hereby consents to the transfer of venue to the county chosen by the Department upon the Department filing a motion requesting the same.

G. Contractor Environmental Awareness Training-Contractor supervisors and all subcontractor supervisors managing projects at FLARNG facilities and properties must show completion of the Contractor Environmental Awareness Training prior to beginning any work. The training is completed by logging into https://flarnge2online.com and registering as a contractor or subcontractor using the new user login password: flarng (all lowercase) . Once the training is complete a certificate of completion can be printed as proof of completion. These certificates and the FLARNGs' Environmental Policy must be posted at the work site for all supervisors working onsite. It will be the responsibility of the contractor and subcontractor to insure that all personnel working onsite have been made aware of the FLARNGs' Environmental Policy.

H. Federal funding has been provided through Master Cooperative Agreement (MCA) W911YN-XX-2-1000 for this contract. In accordance with Article IX, Section 902 of the MCA, the terms and conditions of Article VIII of the MCA will prevail in the event this Article offers more protection to the Department. Article VI II of the MCA is hereby incorporated and made part of this Contract.

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I. The follo:ving attachments are incorporated and made a part of this agreement:

[gi Solicitation No. DMA-ITB-209 [gl Attachment A-Price Sheet, Bid Tabulation [gi Article VIII

IN WITNESS WHEREOF, the parties have executed this Contract by their duly authorized officers on the day, month and year set forth above.

APPROVED:

STATE OF FLORIDA DEPARTMENT OF MILITARY AFFAIRS

BY: ~~~~~-~--+---~~~__...~'---1---~.=:;..~~~-~~nature Brian S. Fallon (Print!Type)

Title: LTC. SF, FLARNG, State Quartermaster

FOR DEPARTMENT USE ONLY

LEGAL ~r/YIEW:

4\Xk \~\ ~J~'hJ\

Signature/Date

August 2014

Grantee agrees to communicate the requirement to comply with Subpart C to persons at the next lower tier (the subrecipient) with whom the Grantee enters into transactions that are "covered transactions" under Subpart B of 2 CFR Part 180 and the DoD implementation in 2 CFR Part 1125. The Grantee and the Subrecipient shall comply with 2 CFR Part 1125 by checking the Excluded Parties List System (EPLS) at www.sam.gov to verify contractor eligibility to receive contracts and subcontracts resulting from this Agreement. The Grantee and Subrecipients shall not solicit offers from, nor award contracts to contractors listed in EPLS. This verification shall be documented in the Grantee and Subrecipient contract files, and shall be subject to audit by the Grantor and federal/State audit agencies

Section 809. Buy American Act.

The state covenants and agrees that it will not expend any funds appropriated by Congress without complying with The Buy American Act (41 U.S.C.10a et seq.). The Buy American Act gives preference to domestic end products and domestic construction material. In addition, the Memorandum of Understanding between the United States of America and the European Economic Community (EEC) on Government Procurement, and the North American Free Trade Agreement (NAFTA), provide that EEC and NAFTA end products and construction materials are exempted from application of the Buy American Act.

Section 810. Uniform Relocation Assistance and real Property Acquisition Policies

The state covenants and agrees that it will comply with CFR 49 part 24, which implements the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Section 4601 et seq.) and provides for fair and equitable treatment of persons displaced by federally assisted programs or persons whose property is acquired as a result of such programs.

Section 811. Copeland "Anti-Kickback" Act.

The state covenants and agrees that it will comply with the Copeland "Anti-Kickback" Act (18 U.S.C.

Section 874) as supplemented in Department of Labor regulations (29 CFR Part 3). As applied to this agreement, the Copeland "Anti-Kickback" Act makes it unlawful to induce, by force, intimidation, threat of procuring dismissal from employment, or otherwise, any person employed in the construction or repair of public buildings or public works, financed in whole or in part by the United States, to give up any part of the compensation to which that person is entitled under a contract of employment.

Section 812. Contract Work Hours and Safety Standards Act.

The state covenants and agrees that it will comply with Sections 1 03 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 3701-3708) as supplemented by Department of Labor regulations (29 CFR Part 5). As applied to this agreement, the Contract Work Hours and Safety Standards Act specifies that no laborer or mechanic doing any part of the work contemplated by this agreement shall be required or permitted to work more than 40 hours in any workweek unless paid for all additional hours at not less than 1.5 times the basic rate of pay.

Section 813. System for Award Management and Data Universal Numbering Requirements

The Grantee covenants and agrees to comply with the System for Award Management (SAM) and Data Universal Numbering Requirements (DUNS) as indicated below:

a. Requirement for SAM. You as the recipient must maintain the currency of your information in SAM until you submit the final financial report required under this Agreement or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term.

b. Requirement for DUNS Numbers. If you are authorized to make subawards under this Agreement, you:

(1) Must notify potential subrecipients that no entity (see definition in paragraph (c) of this Agreement term) may receive a subaward from you unless the entity has provided its DUNS number to you; and

(2) May not make a subaward to an entity unless the entity has provided its DUNS number to you.

(3) Definitions. For purposes of this Agreement

W911YN-15-2-1000 15

BID/PROPOSAL/NEGOTIATION TABULATION

TITLE Ballistic Panels

FAILURE TO FILE A PROTEST WITHIN THE TIME PRESCRIBED IN SECTION 120.57(3), FLORIDA STATUTES, SHALL

CONSTITUTE A WAIVER OF PROCEEDINGS UNDER CHAPTER 120, FLORIDA STAT'UTES. ALL

BIDSfPROPOSALS/NEGOTIATIONS ACCEPTED BY THE STATE ARE SUBJECT TO THE STATE'S TERMS AND CONDITIONS AND ANY AND ALL ADDITIONAL TERMS AND CONDITIONS SUBMITTED BY THE BIDDERSfPROPOSERS/NEGOTIATORS ARE REJECTED AND SHALL HAVE NO FORCE AND EFFECT. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY AS OF THE ABOVE OPENING DATE AND TIME. ALL OTHER OFFERS SUBMITTED ll't RESPONSE

NUMBER DMA JTB 209 TO THIS SOLICITATION, IFANY, ARE HEREBY REJECTED AS LATE.

- - NOTICE OF BIDfPROPOSALS/NEGOTIATIONS PROTEST BONDING REQUIREMENT- ANY PERSON WHO FILES AN ACTION

OPENING DATE 6/8/17 ------

POSTING TIME/DATE

FROM: 6/8/17

UNTIL: 6/13/1 7

PAGE: I

BIDDERS

Defenshield, Inc.

7000 US Hwy 1 North, Ste 401 St. Augustine, FL 32095 LC Enterprises/SAGC JV 424 Lakeside Circle Sunrise, FL 33326 Spirit of America Corporation 223 North Main Street Churubusco, IN 46723 Levang Enterprises, Inc.

9278 Jergen Ave S Cottage Grove, MN 55016

PROTESTING A DECISION OR INTENDED DECISION PERTAINING TO CONTRACTS ADMINISTERED BY THE DIVISION OR A

TIME 2:00 PM

4:00 PM

4:00 PM I

F

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STATE AGENCY PURSUANT TO SECTION 120.57(3), FLORIDA STATUTES, SHALL POST WITH THE DIVISION OR THE STATE AGENCY AT THE TIME OF FILING THE FORMAL WRITTEN PROTEST, A BOND PAYABLE TO THE DIVISION OR STA TE AGENCY IN AN AMOUNT EQUAL TO I PERCENT OF THE DIVISION'S OR STATE AGENCY'S ESTIMATE OF THE TOTAL VOLUME OF THE CONTRACT, WHICH BOND SHALL BE CONDITIONED UPON THE PAYMENTOF ALL COSTS WHICH MAY BE ADJUDGED AGAINST HIM IN THE ADMINISTRATIVE HEARING IN WHICH THE ACTION IS BROUGHT AND IN ANY SUBSEQUENT APPELLATE COURT PROCEEDING. FOR PROTEST OF DECISIONS OR INTENDED DECISIONS OF THE DIVISION PERTAINING TO AGENCIES' REQUESTS FOR APPROVAL OF EXCEPTIONAL PURCHASES, THE BOND SHALL BE IN THE AMOUNT EQUAL TO I PERCENT OF THE REQUESTING AGENCY'S ESTIMATE OF THE CONTRACT AMOUNT FOR THE EXCEPTIONAL PURCHASE REQUESTED OR $5,000, WHICHEVER IS LESS. IN LIEU OF A BOND, THE DIVISION OR STATE AGENCY MAY, IN EITHER CASE, ACCEPT A CASHIER'S CHECK OR MONEY ORDER IN THE AMOUNT OF THE BOND. FAILURE TO FILE THE PROPER BOND AT

THE TIME OF FILING THE FORMAL PROTEST, WILL RESULT IN A DENIAL OF THE PROTEST.

Unit Cost Total Comments

$4,139.16 $1 , 101 ,016.56

Attended opening via $3, 186.00 $847,476.00 telephone

$3,382.75 $899,811.50

$3,089.00 $821,674.00

OPENED BY: John Connor Tabulated BY: Erin Lewis VERIFIED BY: Michelle Losco

REMARKS: LARGER BOLD PRINT INDICATES INTENT TO AWARD. NOT AS SPECIFIED CODE(S):

PUR7004 (Rev. 5/06)

Page I of I

DMA-ITB-209 - Ballistic Panels

ATTACHMENT "A"

PRICE SHEET

DMA-ITB -209 - Ballistic Panels

Item

Descri tion Ballistic Panels- Unit Size: 4' x 6'7" - Bottom 4' portion to be fiberglass with upper section approximately 3' in glazing. Supported with angled 45 degree steel bracket at bottom of window unit with casters. *

Model/Part No. FLCLCLRUL5M

Quan ti

Unit Cost Total $3,089.00 $821 ,674.00

*Quoted Price shall be inclusive of all delivery and assembly fees. (Initial Quantity 266, additional panels may be required, proposed pricing shall remain in effect for a period of 90 days following issuance of initial purchase orders with a Maximum quantity of300.)

Acknowledgment: I certify that I have read and agree to abide by all terms and conditions of this solicitation and that 1 am authorized to sign for the bidder. I certify that the response submitted is made in conformance with all requirements of the solicitation.

Company Name: Levang Enterprises, Inc.

FED ID#: 46-3568054

Street Address: 9278 Jergen Aves

City, State & Zip Cottage Grove, Mn 55016

Telephone No. 651-309-6044 Fax No. _6_51_-2_3_7-_9_40_0 ____ _

Email Address: Rick@LevangCo.com

Signature·/, ;hi/· ~ Date: JunE17

Printed name: Rick Levang

ARTICLE VIII- APPLICABLE LAWS AND REGULATIONS

Section 801. Applicable Law.

This MCA is incidental to the implementation of a Federal program. Accordingly, this MCA shall be governed by and construed according to federal law as it may affect the rights, remedies, and obligations of the United States.

Section 802. Governing Regulations.

To the extent not inconsistent with the express terms of this Agreement, the provisions of 32 CFR Part 33, Uniform Administrative Requirements for Grants and Cooperative Agreements, DoD Grant and Agreement Regulations (DoDGARS) (DoD 3210.6-R) as amended, Title 2 Code of Federal Regulations (CFR) Part 225, and NGR 5-1, are hereby incorporated into this MCA by reference as if fully set forth herein, shall govern this Agreement.

Section 803. Nondiscrimination.

The Grantee covenants and agrees that no person shall be subject to discrimination or denied benefits in connection with the State's performance under the MCA. Accordingly, and to the extent applicable, the Grantee covenants and agrees to comply with the following national policies prohibiting discrimination:

a. On the basis of race, color or national origin, in Title VI of the Civil Rights Act of 1964 (42 U.S.C.

Section 2000d et seq.), as implemented by DoD regulations at 32 CFR Part 195.

b. On the basis of race, color or national origin, in Executive Order 11246 as implemented by Department of Labor regulations at 41 CFR Chapter 60.

c. On the basis of sex or blindness, in Title IX of the Education Amendments of 1972 (20 U.S.C.

Section 1681, et seq.), as implemented by DoD regulations at 32 CFR Part 196.

d. On the basis of age, in The Age Discrimination Act of 1975 (42 U.S.C. Section 6101, et seq.), as implemented by Department of Health and Human Services regulations at 45 CFR Part 90.

e. On the basis of handicap, in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as implemented by Department of Justice regulations at 28 CFR part 41 and DoD regulations at 32 CFR Part 56.

Section 804. Lobbying.

a. The state covenants and agrees that it will not expend any funds appropriated by Congress to pay any person for influencing or attempting to influence an officer or employee of any agency, or a Member of Congress in connection with any of the following covered federal actions. The awarding of any federal contract; the making of any federal grant; the making of any federal loan; the entering into of any CA; and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or Cooperative Agreement.

b. The Final Rule, New Restrictions on Lobbying, issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 28) to implement the provisions of Section 319 of Public Law 101- 121 (31 U.S.C. Section 1352) is incorporated by reference and the state agrees to comply with all the provisions thereof, including any amendments to the Interim Final Rule that may hereafter be issued.

Section 805. Drug-Free work Place.

The Grantee covenants and agrees to comply with the requirements regarding drug-free workplace requirements in of 32 CFR Part 26, which implements Section 5151-5160 of the Drug-Free Workplace act of 1988 (Public Law 100-690, Title V, SubtitleD; 41 U.S.C. 701, et seq.).

W911YN-15-2-1000 13

Section 806. Environmental Protection.

a. The Grantee covenants and agrees that its performance under this Agreement shall comply with:

(1) The requirements of Section 114 of the Clean Air Act (42 U.S.C. Section 7414);

(2) Section 308 of the Federal Water Pollution Control Act (33 U.S.C. Section 1318), that relates generally to inspection, monitoring, entry reports, and information, and with all regulations and guidelines issued thereunder;

(3) The Resources Conservation and Recovery Act (RCRA);

(4) The Comprehensive Environmental Response, Compensation and Liabilities Act (CERCLA);

(5) The National Environmental Policy Act (NEPA);

(6) The Solid Waste Disposal Act (SWDA});

(7) The applicable provisions of the Clean Air Act (42 U.S.C. 7401, et seq.) and Clean Water Act (33

U.S.C. 1251, et seq.), as implemented by Executive Order 11738 and Environmental Protection Agency (EPA) rules at 40 CFR Part 31;

(8) To identify any impact this award may have on the quality of the human environment and provide help as needed to comply with the National Environmental Policy Act (NEPA, at 42 U.S.C. 4321, et seq.) and any applicable federal, state or local environmental regulation.

b. In accordance with the EPA rules, the parties further agree that the Grantee shall also identify to the awarding agency (NGB) any impact this award may have on:

(1) The quality of the human environment, and provide help the agency may need to comply with the National Environmental Policy Act (NEPA, at 42 U.S.C 4321, et seq.) and to prepare Environment Impact Statements or other required environmental documentation. In such cases, the recipient agrees to take no action that will have an adverse environmental impact (e.g., physical disturbance of a site such as breaking of ground) until the agency provides written notification of compliance with the environmental impact analysis process.

(2) Flood-prone areas, and provide help the agency may need to comply with the National Flood Insurance Act of 1968 and Flood Disaster Protection Act of 1973 (42 U.S.C. 4001, et seq.), which require flood insurance, when available, for federally assisted construction or acquisition in flood-prone areas.

(3) Coastal zones, and provide help the agency may need to comply with the Coastal Zone Management Act of 1972 (16 U.S.C. 1451, et seq.), concerning protection of U.S. coastal resources.

(4) Coastal barriers, and provide help the agency may need to comply with the Coastal Barriers Resource Act (16 U.S.C. 3501 et seq.), concerning preservation of barrier resources.

(5) Any existing or proposed component of the National Wild and Scenic Rivers System, and provide help the agency may need to comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.).

(6) Underground sources of drinking water in areas that have an aquifer that is the sole or principal drinking water source, and provide help the agency may need to comply with the Safe Drinking Water Act (42 U.S.C 300H-3).

Section 807. Use of United States Flag Carriers.

a. The state covenants and agrees that travel supported by U.S. Government funds under this agreement shall use U.S.-flag air carriers (air carriers holding certificates under 49 U.S.C. 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) and the inter-operative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B 138942.

b. The state agrees that it will comply with the Cargo Preference Act of 1954 (46 U.S.C. Chapter 553), as implemented by Department of Transportation regulation at 46 CFR 381.7, and 46 CFR 381.7(b).

Section 808. Debarment and Suspension.

The Grantee covenants and agrees to comply with the requirements regarding debarment and suspension in Subpart C of the OMB guidance in 2 CFR Part 180, as implemented by the DoD in 2 CFR Part 1125. The

W911YN-15-2-1000 14

Grantee agrees to communicate the requirement to comply with Subpart C to persons at the next lower tier (the subrecipient) with whom the Grantee enters into transactions that are "covered transactions" under Subpart B of 2 CFR Part 180 and the DoD implementation in 2 CFR Part 1125. The Grantee and the Subrecipient shall comply with 2 CFR Part 1125 by checking the Excluded Parties List System (EPLS) at www.sam.gov to verify contractor eligibility to receive contracts and subcontracts resulting from this Agreement. The Grantee and Subrecipients shall not solicit offers from, nor award contracts to contractors listed in EPLS. This verification shall be documented in the Grantee and Subrecipient contract files, and shall be subject to audit by the Grantor and federal/State audit agencies

Section 809. Buy American Act.

The state covenants and agrees that it will not expend any funds appropriated by Congress without complying with The Buy American Act (41 U.S.C.10a et seq.). The Buy American Act gives preference to domestic end products and domestic construction material. In addition, the Memorandum of Understanding between the United States of America and the European Economic Community (EEC) on Government Procurement, and the North American Free Trade Agreement (NAFTA), provide that EEC and NAFTA end products and construction materials are exempted from application of the Buy American Act.

Section 810. Uniform Relocation Assistance and real Property Acquisition Policies

The state covenants and agrees that it will comply with CFR 49 part 24, which implements the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Section 4601 et seq.) and provides for fair and equitable treatment of persons displaced by federally assisted programs or persons whose property is acquired as a result of such programs.

Section 811. Copeland "Anti-Kickback" Act.

The state covenants and agrees that it will comply with the Copeland "Anti-Kickback" Act (18 U.S.C.

Section 874) as supplemented in Department of Labor regulations (29 CFR Part 3). As applied to this agreement, the Copeland "Anti-Kickback" Act makes it unlawful to induce, by force, intimidation, threat of procuring dismissal from employment, or otherwise, any person employed in the construction or repair of public buildings or public works, financed in whole or in part by the United States, to give up any part of the compensation to which that person is entitled under a contract of employment.

Section 812. Contract Work Hours and Safety Standards Act.

The state covenants and agrees that it will comply with Sections 1 03 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.