ESBD_File_340078_680A2 Addendum #1.pdf

Statewide Procurement Division

IFB NO. 304T-24-680A2 ADDENDUM NO. 1

CONTRACT SPECIALIST: Andrew Winegarden, CTCD, CTCM

The purpose of this Addendum is to revise the mandatory price sheet, update solicitation documents, and answer questions.

REVISED MANDATORY PRICE SHEET:

The Mandatory Price Sheet has been revised. Respondent shall download the new price sheet, 304T-24-680A2 Mandatory Price Sheet Rev #1 and submit with Response.

Revision: Line 11, part number has been changed:

From: W320SC-9-BSS

To: W320C-9-BSS

PART A CHANGES:

1. Part A, Section A.6 INSURANCE, Minimum Required Amounts of Insurance Coverage, Commercial General Liability

From: $10,000,000 Products/Completed Operations Aggregate Limit

To: $5,000,000 Products/Completed Operations Aggregate Limit

2. Part A, Section A.7.4 Firearm Trade-in Requirements, Terms

From: All trade-in equipment should be of similar type as new equipment being purchased.

To: All trade-in equipment should be of similar type and of same make as new equipment being purchased.

3. Part A, Section A.7.4 Firearm Trade-in Requirements, Procedures

From: Trade-in equipment shall be picked up by the Contractor. Deadline for pickup shall be “where is, as is” and shall be determined by the Customer. Trade-in equipment shall not be released until final delivery and acceptance of the newly purchased equipment.

To: Trade-in equipment, pick-up or shipment, shall be coordinated by the Customer and Contractor.

Any fees associated with the shipment of trade-in equipment shall be incurred by the Contractor and come at no additional cost to the Customer. Trade-in equipment shall not be released until final delivery and acceptance of the newly purchased equipment.

4. Part A, Section A.7.5 Sample Testing – Post Award

From: If a sample does not conform to the specifications, Customer may reject the shipment or lot and return or dispose of it at the Contractor’s expense.

To: If a sample does not conform to the specifications, Customer may reject the shipment or lot and return the item to the Contractor at the Contractor’s expense.

5. Part A, Section A.8.3 Special Delivery Requirements

From: Customers may have specific, internal delivery rules and policies. These will be provided on each purchase order issued by the Customer. Contractor shall adhere to those requirements.

To: Customers may have specific, internal delivery rules and policies. These will be provided on each purchase order issued by the Customer. Contractor shall adhere to those requirements, to the extent legally able.

6. Part A, Section A.10.4 Statewide Contract Development Reporting

From: Contractor shall provide any information requested by CPA to develop future solicitations and facilitate the transition to potential future contractors in a format acceptable to the CPA within 14 calendar days of the request.

To: Contractor shall provide any information requested by CPA to develop future solicitations and facilitate the transition to potential future contractors in a format acceptable to the CPA within 14 calendar days of the request. Provided, Contractor shall not be obliged to provide CPA with any information upon request that is deemed by Contractor to be its, or a third party’s, confidential information.

PART B CHANGES

1. Part B, Section B.2.2 Disaster Recovery Plan has been removed from this solicitation entirely.

2. Part B, Section B.7.13 Intellectual Property Rights has been removed from this solicitation entirely.

ATTACHMENT A CHANGES

Attachment A, Section 6. Buy Texas Affirmation

From: In accordance with Section 2155.4441 of the Texas Government Code, Respondent agrees that during the performance of a contract for services it shall purchase products and materials produced in Texas when they are available at a price and time comparable to products and materials produced outside this state.

To: To the extent applicable, in accordance with Section 2155.4441 of the Texas Government Code, Respondent agrees that during the performance of a contract for services it shall purchase products and materials produced in Texas when they are available at a price and time comparable to products and materials produced outside this state.

ATTACHMENT E CHANGES

1. Attachment E, Specifications, SIG Sauer P320 General Specifications

From: 2. Action Type: Striker fire, double action only (DAO)

To: 2. Action Type: Striker fire

2. Attachment E, Specifications, Line 11: SIG Sauer P320 Compact

From: Proprietary Brand/ Part Numbers: SIG Sauer Inc. #W320SC-9-BSS

To: Proprietary Brand/ Part Numbers: SIG Sauer Inc. #W320C-9-BSS

3. Attachment E, Specifications, Line 16: SIG Sauer P365 Micro-Compact

From: 3. Action Type: Striker fire double action only (DAO)

To: 3. Action Type: Striker fire

QUESTIONS AND ANSWERS: Reference Page 4 of this Addendum

THIS ADDENDUM SHALL BE ATTACHED TO AND FORM A PART OF THE REFERENCED IFB AND

THE CONTRACT.

BIDDER MUST ACKNOWLEDGE RECEIPT OF THIS ADDENDUM, BY SIGNING AND RETURNING

WITH BID RESPONSE. FAILURE TO SUBMIT THE SIGNED ADDENDUM MAY DISQUALIFY THE BID.

BIDDER COMPANY NAME BIDDER AUTHORIZED SIGNATURE

BIDDER AUTHORIZED REPRESENTATIVE

PRINTED NAME

Questions and Answers IFB No. 304T-24-680A2 Title: Firearms and Accessories

Question No. Question Answer

PART A: Special Instructions

A.5.3 Price Adjustment Requests Exception: In the event of inability to agree to price adjustments after the initial term, Contractor does not have a unilateral right to cancel the contract for items on which a price cannot be agreed. Request that such cancellation shall be at the discretion of the Contractor, not the CPA PROPOSED LANGUAGE/REMOVAL “If a complete, properly submitted price increase request is rejected, the Contractor may cancel the Contract for those items covered by the request. CPA may approve or reject item cancellation requests. CPA will specify the effective date of item cancellation in its written notice of approval.

SPD rejects the revision request of Part A Section A.5.3 Price Adjustment Requests.

A.6 Insurance Exception: Section A.6 requires Contractor to carry a number of insurance coverages which the nature and scope of the potential contract do not justify. Request reduction of certain coverage limits and elimination of certain coverage types. This is a contract for the sale and delivery of durable goods, not a contract that contemplates activities by Contractor personnel at State facilities and therefore additional coverages are unwarranted.

PROPOSED LANGUAGE: Change coverage limit for Products/Completed Operations Aggregate to $5,000,000.

Note: All coverage limits can be met by a combination of primary and umbrella policies.

Remove Automobile Liability Remove Employer’s Liability Remove Umbrella or Excess Liability Remove Additional Insurance requirement Remove requirement for waiver of subrogation Remove requirement for CPA approval of SIR amounts

SPD accepts the Change coverage limit for Products/Completed Operations Aggregate to $5,000,000. Reference Addendum No.

1, Part A Changes No. 1.

SPD rejects the removal of:

Automobile Liability Employer’s Liability Umbrella or Excess Liability Additional Insurance requirement Requirement for waiver of subrogation Requirement for CPA approval of SIR amounts

SPD will review the removal on a case by case basis at evaluation for award.

A.7.4 Firearm Trade-In Requirements; Terms Exception: VENDOR is only able to accept SIG SAUER brand products for trade-in credit PROPOSED LANGUAGE: “All trade-in equipment should be of similar type and of same make as new equipment being purchased.”

The proposed language is acceptable. Reference Addendum No.

1, Part A Changes No.2.

A.7.4 Firearm Trade-In Requirements; Procedures Exception: VENDOR cannot be responsible for picking up and shipping trade-in firearms PROPOSED LANGUAGE/REMOVAL: “Trade-in equipment shall be packaged appropriately and shipped by Customer at Customer’s expense to Contractor. Deadline for pickup shall be “where is, as is” and shall be determined by the Customer. Trade-in equipment shall not be released until final delivery and acceptance of the newly purchased equipment.”

SPD has revised Part A Section A.7.4 Firearm Trade-In Requirements; Procedures. Reference Addendum No. 1 Part A Changes No. 3, for revised language.

A.7.5 Sample Testing – Post Award Exception: Customer shall not be allowed to dispose of non-conforming equipment other than by returning to Contractor PROPOSED LANGUAGE: “If a sample does not conform to the specifications, Customer may reject the shipment or lot and return the item to Contractor at Contractor’s expense.”

The proposed language is acceptable. Reference Addendum No.

1 Part A Changes No. 4.

A.7.8 Warranty/Guarantee Exception: VENDOR will provide a warranty on the same terms as it’s standard applicable warranty for the products provided, as attached in its submission PROPOSED LANGUAGE: Replace all of A.7.8 with “The warranty period will be being on the date of the Customer’s acceptance of each product. The warranty provided by Contractor shall be as described in SIG SAUER’s applicable submitted warranty statement(s).”

Warranty/Guarantee is a minimum requirement which must be met by all Contractors. Any additional warranty requirements provided with the Contractor's submission will be reviewed during the evaluation for award.

A.8.3 Special Delivery Requirements Exception: VENDOR has legal restrictions on where it can deliver firearms, dependent on the status of the purchaser as an LE agency.

PROPOSED LANGUAGE: “Customers may have specific, internal delivery rules and policies. These will be provided in each purchase order issued by the Customer.

Contractor shall adhere to those requirements, to the extent legally able.”

The proposed language is acceptable. Reference Addendum No.

1 Part A Changes No. 5.

A.8.6 Delivery Delays Exception: Remove time is of the essence clause PROPOSED REMOVAL: “Time is of the essence in performance of this Contract.”

SPD rejects the revision request.

A.10.4 Statewide Contract Development Reporting PROPOSED LANGUAGE: “Provided, Contractor shall not be obliged to provide CPA with any information upon request that is deemed by Contractor to be its, or a third party’s, confidential information.”

The proposed language is acceptable. Reference Addendum No.

1, Part A Changes No. 6.

Part B: General Instructions and Contract Terms and Conditions

B.2.2 Disaster Recovery Plan PROPOSED REMOVAL: Request to remove from IFB.

The proposed language is acceptable. Reference Addendum No.

1, Part B Changes No. 1.

B.2.4 Public Information Act Question: Can you provide an explanation of what the second paragraph of this section means for Contractors?

If the Contractor develops a database or other way to store public information the could be difficult to produce for a Public Information Act request, the contractor needs to produce the same information in an accessible format upon request. Although this may be unlikely to apply, it is a required clause for all state contracts.

B.3.5.5 Terminating the Contract; Rights upon Termination or Expiration Question: Can you clarify what “work products or documentation” CPA expects would be obtained under this Contract? This is a contract for the supply of durable goods, so no additional work products should be contemplated.

The purchasing Customer will own the goods procured during the life of the Contract. SPD agrees that none of the line items includes customization or development of new products or documents.

B.5.1 Appropriations Question: States that “Customer’s obligations to make payments under the Contract are contingent upon the continued availability of funds.” Can you please confirm that this language does not abrogate the responsibility to make payment for products that were delivered?

If the Contractor is not paid for goods, Contractor is entitled to damages under Chapter 2260 of the Government Code and interest under Chapter 2261 of the Government Code. This clause means that the Legislature must appropriate funds for each state agency to pay its debts. A state agency does not have an independent ability to raise and spend funds.

B.7.1 Records Retention Question(s):

1) What falls under the definition of “contracting information”?

2) What are the record retention requirements applicable here?

Any documents created for, sent to, or received by the Contractor, Customer, or CPA with regards this solicitation and the resulting Contract. These records will be maintained and retained by Respondent for a period of seven (7) years after the contract expiration date or until all audit, claim, and litigation matters are resolved, whichever is later. For the Department of Public Safety and other state agencies, the applicable record retention requirements are in Government Code Section 441.1855.

15 B.7.6.3 Miscellaneous Terms and Conditions; Electrical Items Question: What is the definition of an “electrical item”?

An electrical item is anything that works through use of electricity.

B.7.13 Intellectual Property Rights Exception: Would like to have this removed in its entirety – this is a contract for the supply of durable goods, no works made for hire or ownership of technical information or other documentation is necessary PROPOSED REMOVAL: Remove Intellectual Property Rights language from IFB.

The proposed language is acceptable. Reference Addendum No.

1, Part B Changes No. 2.

Attachment A: Execution of Response

Section 6 Buy Texas Affirmation PROPOSED REMOVAL: VENDOR’s procurement process is highly defined and requires long supplier qualification procedures that prevent it from changing current suppliers easily. VENDOR respectfully requests that this requirement be removed.

SPD has revised Attachment A: Execution of Response, Section 6 Buy Texas Affirmation. This verbiage is statutorily required to be on all state of Texas contracts. Reference Addendum No. 1, Attachment A Change for revised language.

Section 8 PROPOSED REMOVAL: Would like to have this removed in its entirety – not applicable to IFB.

SPD declines the proposed removal of this language. This verbiage is statutorily required to be on all state of Texas contracts. If no person owns at least 25% of the company, the Respondent may leave this section blank.

Section 12 Certain Employment for Former State Officer or Employee Restricted Exception: VENDOR employs more than 3,000 individuals, including individuals employed through staffing agencies, and cannot reasonably ascertain whether these employs are employed by multiple staffing agencies that may provide staff to TX State Facilities, however, VENDOR dos not have any facilities within the State of TX and therefore it is unlikely that any employees are so employed at a state facility.

PROPOSED QUESTION: Can CPA advise to what degree Contractor will have to review records to determine its response to this inquiry?

SPD cannot advise the extent the Contractor will have to review records to determine this information. As stated in Attachment A, Respondent may identify each section it is unable to certify and state the reasons. Respondent may certify to the best of its knowledge.

Section 22 No Felony Criminal Convictions Exception: VENDOR employs more than 3,000 individuals and performs background checks on all employees to ensure that they are not prohibited from possessing firearms, which generally means that a person is not a convicted felon, but in some cases an individual may have their right to possess a firearm restored or have their criminal conviction annulled, in which case VENDOR cannot guarantee that all of its employees have not been convicted of a felony.

PROPOSED REMOVAL: Would like to have this removed in its entirety.

As stated in Attachment A, Respondent may identify each section it is unable to certify and state the reasons. Respondent may certify to the best of its knowledge

Section 29 Deceptive Trade and Unfair Business Practices Exception: VENDOR cannot certify that it has not been the subject of allegations of deceptive trade practices under Chapter 17 of the Texas Business and Commerce Code, or allegations of unfair business practices under laws other than the State of Texas.

VENDOR does not have knowledge of the legal proceedings to which the former employers of its officers have been subject and can therefore make no certifications regarding their legal histories.

As stated in Attachment A, Respondent may identify each section it is unable to certify and state the reasons. Respondent may certify to the best of its knowledge

Attachment B: Respondent Information

Texas Franchise Tax File Number Question: Is this something we must have now or can obtain after award?

SPD will request during evaluation for award. No award can be made without this information.

Attachment E: Requirements and Specifications

SIG Sauer P320 General Specifications, Page 4:

Exception: 2. Action Type: Striker fire, double action only (DAO) PROPOSED LANGUAGE: Request to define as a striker pistol. Remove DAO description.

The proposed language is acceptable. Reference Addendum No.

1 Attachment E Changes No 1.

Line 11: SIG Sauer P320 Compact Exception: W320SC-9-BSS

REPLACE: W320C-9-BSS

The proposed language is acceptable. Reference Addendum No.

1 Attachment E Changes No 2.

Line 16: SIG Sauer P365 Micro-Compact Exception: 3. Action Type: Striker fire, double action only (DAO) PROPOSED LANGUAGE: Request to define as a striker pistol. Remove DAO description.

The proposed language is acceptable. Reference Addendum No.

1 Attachment E Changes No 3.

1. Firearm Trade-in Requirements, Section A.7.4: Recommend VENDOR submitting these questions.

a. Will trade-in firearms be sent to one central location, or will they be spread out at the various DPS offices across the state?

In regards to DPS specifically, General Stores will be the central storage location. For all other Customers utilizing this Contract, trade-in firearms may be spread out across the State.

27 b. Is it possible for DPS to hold Trade-in firearms until we can have a representative retrieve them? Reference question and answer #4.

28 c. How long will DPS be willing to hold these firearms until we can pick them up or have them shipped?

In regards to DPS specifically, currently General Stores will be able to store the weapons not to exceed a 3 months. For all other Customers utilizing this Contract, reference question and answer #4.

2. Attachment E Page 10 of 10 –Requirements and Specifications. Engraving: Is DPS aware that the location of the engraving on the top of the slide will need to be modified to accommodate pistol mounted optics?

Will there be an addendum that corrects the location of the engraving (assuming it will simply be moved to the front of the pistol slide).

Yes. Any modifications or engraving changes will be addressed when the purchase order is issued. See page 3 of Attachment E (Engraving).