FY25 020 - PD Purchase of Firearms IFB FINAL.pdf

FY25 - 020: Purchase of Firearms IFB Page 1 of 23

Town of Bourne Invitation for Bid

PURCHASE OF FIREARMS

ISSUED: JUNE 4, 2025

LAST DATE FOR QUESTIONS: JUNE 23, 2025, NOON

BIDS DUE NO LATER THAN: JUNE 30, 2025, 4:00 PM

DIRECT BIDS TO: TOWN ADMINISTRATOR’S OFFICE

24 PERRY AVE

BUZZARDS BAY MA 02532

CONTACT: Liz Hartsgrove Assistant Town Administrator ehartsgrove@bourne-ma.gov

This document and any addenda thereto are issued electronically only. It is the responsibility of every bidder who receives this bid and all associated documents to check the Town of Bourne website (www.townofbourne.com) for any addenda or modification to this solicitation, if they intend to respond. The Town of Bourne accepts no liability to provide accommodation to bidders who submit a response based upon an out of date solicitation document. Bidders may not alter

(manually or electronically) the bid language or any bid documents. Unauthorized modifications to the body of the bid, specifications, terms or conditions, or which change the intent of this bid are prohibited and may disqualify a response.

FY25 - 020: Purchase of Firearms IFB Page 2 of 23

Table of Contents

I. INVITATION FOR BID

II. KEY DATES FOR THIS BID

III. INSTRUCTIONS TO BIDDERS

IV. SCOPE OF SERVICES

V. GENERAL CONDITIONS

VI. SPECIAL CONDITIONS .......................................................................................... Error! Bookmark not defined.

VII. BID SUBMISSION REQUIREMENTS

GENERAL BID FORM (REQUIRED)

CERTIFICATE OF NON-COLLUSION (REQUIRED)

STATE TAXES CERTIFICATION CLAUSE (REQUIRED)

APPENDIX A. AGREEMENT BETWEEN CONTRACTOR AND TOWN OF BOURNE

APPENDIX B. ACCEPTANCE OF BID NOTICE

APPENDIX C. NOTICE TO PROCEED

It is the bidder’s responsibility to make sure they have downloaded all documents provided for this bid as stated in this Invitation for Bid.

FY25 - 020: Purchase of Firearms IFB Page 3 of 23

I. INVITATION FOR BID

In accordance with MGLc.30B, the Town of Bourne on behalf of the Police Department is requesting bids for the following:

PURCHASE OF FIREARMS

Sealed bids will be received via mail or in-person, at the Town of Bourne Administration Office, Attn:

Liz Hartsgrove, Assistant Town Administrator, 24 Perry Ave, Buzzards Bay, MA 02532 until 4:00PM June 30, 2025.

Bid specifications and forms may be immediately obtained on the Town of Bourne website, www.townofbourne.com/home/pages/procurement-office. All bidders must register to receive documents.

Bids shall be in a sealed envelope, bearing the words:

“PURCHASE OF FIREARMS”

To receive consideration, bids shall be submitted on the appropriate forms no later than the above date and time for the opening. Immediately following the deadline for bids, all bids received within the time specified will be publicly opened and read aloud.

All questions regarding the material should be submitted through the Assistant Town Administrator via email at ehartsgrove@bourne-ma.gov no later than 12:00pm, June 23, 2025.

The Town of Bourne reserves the right to reject any or all bids, waive any informality and/or accept any bid that appears to be in the best interest of the Town.

II. KEY DATES FOR THIS BID.

Key Dates for this Bid

June 4, 2025 IFB available on the Town of Bourne website, www.townofbourne.com and posted at Town Hall

June 5, 2025 Advertised in COMMBUYS

June 9, 2025 Advertised in Goods & Services Bulletin

June 13, 2025 Advertised in the Bourne Enterprise

June 8, 2025 Advertised in the Cape Cod Times

June 23, 2025 Last day for written questions due to Assistant Town Administrator

June 30, 2025 Bids Due, no later than 4:00 pm to the Town Administrator’s Office at 24 Perry Ave, Buzzards Bay, MA 02532

FY25 - 020: Purchase of Firearms IFB Page 4 of 23

III. INSTRUCTIONS TO BIDDERS

A. SECURING DOCUMENTS

1. The Invitation for Bid, Instructions to Bidders, General Conditions, Special Conditions and all addenda issued prior to the execution of the Owner-Contractor Contract, all amendments issued by the Town, completed Bid and supporting forms signed and submitted by the Contractor, Owner-Contractor Contract and all other documents referenced in the Contract compose the Contract Documents.

2. Copies of these bid documents and all applicable attachments are available on the Town of Bourne website on the Procurement page. ALL BIDDERS MUST REGISTER FOR THIS

SPECIFIC BID ON THE WEBSITE.

3. All questions regarding this invitation to bid requiring clarification shall be submitted in writing to the Assistant Town Administrator prior to the date indicated in Section II, KEY DATES in order to afford the Town adequate time to respond with a correction or additional information prior to the deadline for submission of bids. Should it be found necessary, a written addendum will be incorporated into the IFB and will become part of the contract. Those who have received a copy of the IFB will be notified of such changes.

B. BID FORMS

1. All bids must be submitted on the forms bound herein. All blank spaces in the bid form shall be properly completed in ink or electronically typed; all erasures and corrections initialed by the contractor.

2. All bids must be submitted to the above address in a sealed envelope containing the bid, properly marked “PURCHASE OF FIREARMS”. It is the responsibility of the bidder to ensure that bids are delivered to the specific location prior to the time and date designated.

3. The Town may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject Chapters 30 applicable sections, as amended to date.

4. Any bid received after the time and date designated will not be considered.

C. EXAMINATION OF BIDDING DOCUMENTS

Each bidder shall examine the bidding documents carefully and, not later than seven (7) days prior to the date for receipt of bids, shall make a written request to the Assistant Town Administrator for interpretation or correction of any ambiguity, inconsistency or error therein which they may discover. Any interpretation or correction will be issued as an addendum by the Assistant Town Administrator. Only interpretations or correction by addendum shall be binding. No bidder shall rely upon any interpretation or correction given by any other method.

D. ADDENDA

1. Prior to the receipt of the bids, addenda will be forward to each person or firm recorded by the Administration office as having received the bidding documents and will be

FY25 - 020: Purchase of Firearms IFB Page 5 of 23 available for inspection wherever the bidding documents are kept available for that purpose.

2. Addenda issued during the time of bidding shall be listed on bid forms in the space provided. Failure of a bidder to receive any addendum shall not release the bidder from any obligations under their bid, provided said addendum was sent by e-mail. Bidders shall check the website at www.townofbourne.com/home/pages/procurement-office to verify number of addendums prior to submitting bid.

E. DEFINITIONS

1. All definitions set forth in the General Conditions are applicable to all bidding documents, which include the Advertisement, Instructions to Bidders, Addenda issued prior to receipt of general bids.

2. Addenda are written or graphic instructions issued prior to the execution of the contract which modify or interpret the bidding documents, including drawings and/or specifications, by additions, deletions, clarifications or corrections. Addenda will become part of the Contract Documents upon execution of the Contract.

F. BIDDER’S REPRESENTATION

1. Each bidder, in submitting their Bid, represents that they have read and understand the bidding documents, reports, test results, drawings, or other such documents provided by the Town pursuant to this bid.

2. Each bidder represents that they have seen the material and have familiarized themselves with the material and site conditions before submitting their Bid.

3. Each bidder agrees at the time of submitting its bid that the bidding documents are generally sufficient to indicate and convey understanding of all terms and conditions and that no further examinations, investigations, explorations, tests, studies or data are necessary for the determination of its bid and within the times required and in accordance with the other terms and conditions of the bidding documents.

4. Each bidder is familiar with all federal, state and local laws and regulations that may affect cost or performance of removal of the material.

5. Each bidder represents that their bid is based upon the materials described in the bidding documents, including any addenda issued thereto.

6. The submission of a bid will constitute an incontrovertible representation by the bidder that: 1) the bidder has complied with every requirement of this Section; 2) without exception, the bid submitted is premised upon performing and furnishing the work required by the bidding documents and applying any specific means, methods, techniques, sequences and procedures that may be shown or indicated or expressly required by the bidding documents; 3) the bidder has given the Town written notice of all conflicts, errors, ambiguities and discrepancies that the bidder has discovered in the bidding documents and the written resolutions thereof by the Town are acceptable to the bidder; and 4) the bidding documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the work. No allowance will subsequently be made to the successful bidder by reason of any error or

FY25 - 020: Purchase of Firearms IFB Page 6 of 23 omission on his/her part, due to his/her neglect in complying with the requirements of this article, except with respect to conflicts with the General Laws.

G. PRE-BID CONFERENCE

There will not be a pre-response conference for this IFB.

H. QUALIFICATIONS OF BIDDER

1. There is a proprietary specification. Only those brands specifically listed are acceptable under this Invitation for Bids.

2. A bidder, in order to be eligible for the contract, must be able to show their financial ability to carry on the work until the project is complete and accepted by the Town of Bourne.

3. Any bidder, if requested, shall submit a financial statement, experience records, and an equipment schedule, on forms to be provided by the Town of Bourne. Financial statements shall reflect true financial conditions of bidder within three months prior to date of bid opening and shall be validated by a Certified Public Accountant.

4. Town reserves the right to request additional financial or reference information.

I. BIDDING REQUIREMENTS

1. Bidders must bid on all items outlined in the specs and General Bid Form. The award will be made in aggregate.

2. Each bidder must provide both a unit price and a total (extended) price for each good listed on the General Bid Form. If there is a discrepancy between the unit price and the total price for any item(s) on the General Bid Form, the unit price will prevail.

3. Bid prices must include cost of delivery, including fuel charges. Any delivery charge that appears on an invoice for bid items will be deducted before payment is made.

4. All words, signatures and figures submitted on the bid shall be in ink. Bids which are conditional, obscure or which contain additions not called for, erasures, alterations or irregularities, or any process which contain abnormally high or low prices for any item, may be rejected as informal.

5. Bidders must provide authorization letters from the manufacturers or dealers for the products identified in the specifications. Bidders must provide proof that they are authorized to sell and buy the products listed within our bid.

J. REJECTION OF BIDS

The bidder acknowledges the right of the Town of Bourne to reject any or all bids and to waive any informality or irregularity in any bid received. In addition, the bidder recognizes the right of the Town of Bourne to reject a bid if the bidder fails to submit the data required by the bidding documents, or if the bid is in any way incomplete or irregular.

K. ACCEPTANCE OF BIDS

1. More than one bid from the same bidder will not be considered.

FY25 - 020: Purchase of Firearms IFB Page 7 of 23

2. Within thirty (30) days after the opening of the bids the Town of Bourne will act upon them. The acceptance of a Bid will be a Notice of Acceptance in writing signed by a duly authorized representative of the Town of Bourne. No other act of the Town of Bourne shall constitute the acceptance of a bid. The acceptance of the bid shall bind the successful bidder to the contract. The rights and obligations provided for in the contract shall become effective and binding upon the parties only upon its formal execution.

L. TIME FOR EXECUTING CONTRACT

Any contractor whose bid shall be accepted will be required to execute the contract within five (5) days, Saturdays, Sundays and legal holidays excluded after the notice that the contract has been awarded to them.

M. WITHDRAWAL OF BIDS

1. At any time prior to the scheduled closing time for receipt of bids, any bidder may withdraw his/her bid, either personally or by written request. If withdraw is made personally, proper receipt shall be given therefore.

2. After the scheduled time for receipt of bid and before award of contract, no bidder will be permitted to withdraw his/her bid unless said award is delayed for a period exceeding thirty (30) days. Negligence on the part of the bidder in preparing his/her bid confers no rights for the withdrawal of the bid after it has been opened.

N. RULE FOR AWARD

1. The Town has determined, in writing, that the SIG SAUER MCX-SPEAR rifle system uniquely meets the Town’s requirements for this firearm purchase and that no other manner of description of the firearm suffices. Therefore, this procurement utilizes proprietary specifications as described in M.G.L. c. 30B, § 14.

2. Award of this bid will be made to the bidder who offers the lowest bid price(s) and who is deemed to be both responsive and responsible. Determination of responsiveness and responsibility shall be based solely on the following criteria:

a. Bidders will be deemed responsive if they complete all required forms as included in the attached bid form package to the satisfaction of the Town.

b. Bidders will be deemed responsible if they:

i. Can provide evidence that they have been in the business of providing this equipment for the past three (3) years;

ii. Are the original manufacturer, distributor, dealer and/or company authorized by the manufacturer to sell their products (Submit a copy of the authorization with the Bid); and

iii. Can supply three (3) references of the company’s experience in providing these goods by submitting a list of comparable purchases over the past three (3) years.

The references shall include the owner’s name, position, address, telephone number, email, and year & value of the purchase.

3. Purchases made by the Town are exempt from taxes and bid prices must exclude any taxes.

Tax exemption certificates will be furnished upon request.

FY25 - 020: Purchase of Firearms IFB Page 8 of 23

IV. SCOPE OF SERVICES

The Town of Bourne is seeking sealed competitive bids for the outright purchase of firearms for the Bourne Police Department, of the following items.

A. RIFLE (30 UNITS TOTAL)

5.56 Chambered Semi- Automatic Rifle with an 11.5-inch barrel capable of accepting standard AR-15 style magazines

Gas Piston Operating System

Adjustable gas system

Black in color

Includes a forward Assist

Carbon Steel barrel with a 1:7 twist rate

Quick Detach- Suppressor ready flash hider

Fully ambidextrous controls to include: charging handle, bolt catch/bolt release, safety selector, magazine release

Rear QD mount capable of accepting QD sling swivel

Factory installed rear folding and adjustable stock

M-Lok Accessory Rail

Bufferless stock

Flat blade match trigger

Alloy forend

B. SUPPRESSOR (30 UNITS TOTAL)

5.56 Nato Suppressor

Overall Length less than 7.00”

QD mount to attach to rifle

1. The Town has determined, in writing, that the SIG SAUER MCX-SPEAR rifle system uniquely meets the Town’s requirements for this firearm purchase and that no other manner of description of the firearm suffices. Therefore, this procurement utilizes proprietary specifications as described in M.G.L. c. 30B, § 14.

2. Bidders must provide authorization letters from the manufacturers or dealers for the products identified in the specifications. Bidders must provide proof that they are authorized to sell and buy the products listed within our bid.

3. All products purchased as part of this bid will be: New in the box, most current version and not discontinued by the manufacturer.

4. All operating manuals for all equipment must be enclosed with equipment purchased.

5. No charges will be allowed for packing, crating, freight, express, transportation, shipping or cartage, or inside delivery. Delivery location shall be as specified in the contract or on the Purchase Order.

FY25 - 020: Purchase of Firearms IFB Page 9 of 23

6. The contractor shall replace, repair or make good, without costs to the Town, defects or faults arising within one (1) year after date of acceptance of articles furnished hereunder (acceptance not to be unreasonably delayed) resulting from imperfect or defective work done or materials furnished by the contractor.

7. Vendors must deliver firearms to the Bourne Police Department at 35 Armory Road, Buzzards Bay, unless otherwise directed at time of order.

8. Delivery of all new firearms must be made within 125 days of Purchase Order issue.

V. GENERAL CONDITIONS

A. GENERAL CONDITIONS

1. The Town has determined, in writing, that the SIG SAUER MCX-SPEAR rifle system uniquely meets the Town’s requirements for this firearm purchase and that no other manner of description of the firearm suffices. Therefore, this procurement utilizes proprietary specifications as described in M.G.L. c. 30B, § 14.

2. The Town reserves the right to require samples of materials for inspection and testing.

3. Verbal orders are not binding on the Town and deliveries made or work done without formal

Purchase Order or Contract are at the risk of the Seller or Contractor and may result in an unforeseeable claim.

B. NON-DISCRIMINATION

All unions, vendors, and contractors are hereby notified that the Town of Bourne is an equal employment opportunity employer and that the Town of Bourne requires the utilization of employees, and referral of potential employees without regard to race, color, national origin, sex, handicap or age. All entities with contractual agreements with the Town of Bourne are informed of the Town of Bourne's policy and are required to initiate a program of nondiscrimination.

C. INSURANCE

1. The successful bidder shall maintain liability insurance and property damage insurance, including medical liability insurance, sufficient to satisfy any and all claims arising out of the service rendered under this contract including, but not limited to, the following:

a. General Liability of at least $1,000,000 Bodily Injury and Property Damage Liability with a $3,000,000 Annual Aggregate Limit. The Town of Bourne shall be named as an “Additional Insured”.

b. Workers Compensation Insurance as required by law.

2. The successful bidder shall deposit with the Town evidence of such insurance upon signature of the Contract. All policies of insurance shall require a thirty (30) day notice of cancellation to the Town of Bourne and the Town shall be designated as a co-insured on all such policies.

3. The successful bidder shall, to the maximum extent permitted by law, indemnify and save harmless the Town of Bourne, its officers, agents and employees from and against any and

FY25 - 020: Purchase of Firearms IFB Page 10 of 23 all damages, liabilities, actions, suits, proceedings, claims demands, losses, costs and expenses (including reasonable attorney’s fees) that may arise out of or in connection with the work being performed or to be performed by the bidder, their employees, agents, subcontractors and materialmen. The existence of insurance shall in no way limit the scope successful bidder shall further agree to reimburse the Town of Bourne for damage to its property caused by the bidder, their employees, agents, subcontractors or materialmen, including damages caused by their use of faulty, defective, or unsuitable material or equipment, unless the damage is caused by the Town of Bourne’s gross negligence or willful misconduct.

D. FORCE MAJEURE

The Contract shall be subject to Force Majeure considerations. Either party hereto shall be excused from performance of any act under the Contract if prevented from the performance of any act required by reasons of strikes, lockouts, labor trouble, inability to procure materials, failure of power, fire, winds, Acts of God, riots, insurrections, war or other reason of a like nature not reasonably within the control of the party. The period for the performance of such obligation shall be extended for an equivalent period for no additional cost. Continued prevention from performance by such causes for periods aggregating sixty

(60) or more days shall be deemed to render performance impossible, and either party shall thereafter have the right to terminate this Contract

E. TERMINATION OF CONTRACT

Subject to the provisions explaining Force Majeure, if the Contactor shall fail to fulfill in a timely and satisfactory manner its obligations under this agreement, or if the Contractor shall violate any of the covenants, conditions, or stipulations of this agreement, which failure or violation shall continue for seven (7) business days after written notice of such failure or violation is received by the Contractor, then the Owner shall thereupon have the right to terminate this agreement by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least seven (7) days before the effective date of such termination.

VI. BID SUBMISSION REQUIREMENTS

The following pages in Section VII must be filled out in their entirety by the Bidder and submitted with the bid.

General Bid Form

State Tax Certification Clause

Certificate of Non-Collusion

Bidder’s Reference Form

FY25 - 020: Purchase of Firearms IFB Page 11 of 23

FY25 - 020: Purchase of Firearms IFB Page 12 of 23

GENERAL BID FORM (REQUIRED)

TOWN OF BOURNE PURCHASE OF FIREARMS IFB

To: Town of Bourne, Awarding Authority

From: ______________________________________________________ Contractor

The estimated quantities for unit price items are approximate only, and are included solely for the purpose of comparison of bids. Each bidder must provide both a unit price and a total (extended) price for each good listed on General Bid Form. If there is a discrepancy between the unit price and the total price for any item(s) on General Bid Form, the unit price will prevail.

QTY. DESCRIPTION UNIT BID PRICE TOTAL

30 Sig Sauer WRMCX-556N-11B-LT-SBR, SIGMCX,

5.56 NATO, SBR, 11.5IN, BLK, SEMI, TELE FOLD

STOCK, (1) 30RD MAG, 9 SIGWRMCX556-001

30 NFA-Sig Sauer SLX556C-QD SUPPRESSOR SLXC, 5.56MM INC QD COMPACT, SIGSLX556CQD

PURCHASE OF FIREARMS FIXED PRICE, LUMP SUM TOTAL $

________________________________________________________________________Dollars

(written bid amount)

All incidental and expense costs must be included in the above fixed price lump sum fee.

The Town will not pay for any additional fees without the prior written approval.

THE UNDERSIGNED BIDDER HEREBY CERTIFIES UNDER THE PAINS AND PENALTIES OF PERJURY THE FOLLOWING:

A. This bid includes all addenda numbered #_______.

B. The undersigned agrees that, if he is selected as general contractor, he will within five (5) days, Saturdays, Sundays and legal holidays excluded, after presentation thereof by the awarding authority, execute a contract in accordance with the terms of this bid.

C. The Bidder has carefully read and examined all the documents herein referred to and knows and understands the terms and provisions therein.

D. Submitted Bid prices must include cost of delivery, including fuel charges. Any delivery charge that appears on an invoice for bid items will be deducted before payment is made.

E. No person in the employ of the Town of Bourne has any pecuniary interest in this bid or in the contract for the work which is proposed.

F. This bid is in all respects bona fide, fair, and made without collusion or fraud with any other person. As used in this paragraph, the word “person” shall mean any natural person, joint venture, partnership, corporation, or other business or legal entity.

G. The bidder has complied with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support in accordance with MGL Chapter 62C, Section 49A.

Date Offered:

Name of Bidding Concern:

By:

(Signature) (Name & Title of Person Signing Bid)

(Business Address) (City) (State) (Zip Code)

(Telephone) (Cell Phone) (Email)

FY25 - 020: Purchase of Firearms IFB Page 13 of 23

CERTIFICATE OF NON-COLLUSION (REQUIRED)

TOWN OF BOURNE

CERTIFICATE OF NON-COLLUSION

The undersigned certifies under penalties of perjury that this bid proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certificate the word “person” shall mean any natural person, business, partnership, corporation, union, committee, club or other organization, entity or group of individuals.

Firm Signature

Address Name

Title

Telephone Date

Email

FY25 - 020: Purchase of Firearms IFB Page 14 of 23

STATE TAXES CERTIFICATION CLAUSE (REQUIRED)

STATE TAXES CERTIFICATE CLAUSE

I certify under penalties of perjury that I, to my best knowledge and belief, have filed all state tax returns and paid all state taxes under law, I have addressed any tax liability and am in the process of setting up a plan to satisfy said liability.

*Signature of Individual or Corporate Name (Mandatory)

By: Corporate Officer (Mandatory, if applicable)

**Social Security # or Federal Identification #

* Approval of a contract or other agreement will not be granted unless this certification clause is signed by the applicant.

** Your Social Security Number may be furnished to the Massachusetts Department of Revenue to determine whether you have met tax filing or tax payment obligations. Providers who fail to correct their non-filing or delinquency will not have a contract or other agreement issued, renewed, or extended. This request is made under the authority of Mass. G.L. 62C s.49.A.

FY25 - 020: Purchase of Firearms IFB Page 15 of 23

PURCHASE OF FIREARMS BIDDER’S REFERENCES (REQUIRED)

Responding Bidder’s Name:

Proposers must provide a list of at least 5 references to which similar size and scope projects have been completed within the past five (5) years, along with a name of a contact person and phone numbers.

(Municipalities desired, if applicable). Additionally, please attach to this form, a complete list of ongoing projects, projects completed within the past two years including project contact names, values and contact names and numbers. Town reserves the right to obtain additional references at their option.

1. Town: Project Date: Project Value:

Project Description:

Contact: Phone:

2. Town: Project Date: Project Value:

3. Town: Project Date: Project Value:

4. Town: Project Date: Project Value:

5. Town: Project Date: Project Value:

APPENDIX A. AGREEMENT BETWEEN CONTRACTOR AND TOWN OF BOURNE

TOWN OF BOURNE, MASSACHUSETTS

AGREEMENT BETWEEN CONTRACTOR AND TOWN OF BOURNE

THIS AGREEMENT, made this ____________ day of ________ 2025 by and between the TOWN OF BOURNE, Massachusetts, hereinafter called Town of Bourne, and ______________________ with legal address and principal place of business at ___________________________________________ hereinafter called Contractor:

for the purchase of firearms, in accordance with the specifications and upon the terms as stated in the Invitation for Bid dated ____________ (the “IFB”), and the price of $_____________, as submitted by the CONTRACTOR, agree as follows:

1. Nothing in this Contract shall preclude the TOWN from purchasing said services from other vendors should the CONTRACTOR fail to provide the TOWN with the specified services herein.

2. The terms of this Contract shall expire at delivery and acceptance of equipment.

3. This Contract is binding upon the parties hereto, their successors, assigns and legal representatives (and where not corporate, the heirs of the estate of the CONTRACTOR).

Neither the TOWN nor the CONTRACTOR shall assign or transfer any interest in the Contract without the written consent of the other.

4. This Contract, including all documents incorporated herein by reference, constitutes the entire integrated agreement between the parties with respect to the matters described.

This Contract supersedes all prior agreements, negotiations and representations, written or oral, and shall not be modified or amended except by a written document duly executed by the parties hereto.

5. The CONTRACTOR acknowledges and agrees that it is acting as an independent contractor for all services rendered pursuant to this Contract, and neither the CONTRACTOR, nor its employees, agents or servants, not any person for whose conduct the CONTRACTOR is responsible, shall be considered an employee or agent of the TOWN for any purpose, and shall not file any claim or bring any action for any worker’s compensation, unemployment benefits, or compensation for which they may otherwise be eligible as a Town employee as a result of the Work performed pursuant to this Contract.

6. The TOWN requires proper acceptance of the described goods or services. Proper acceptance is understood to include inspection of goods and certifications of acceptable performance for services by authorized representatives of the Town to ensure that the goods or services are complete and are as specified in the Invitation for Bid.

7. Permits, licenses, approvals and all other legal or administrative prerequisites to the CONTRACTORs performance shall be secured and paid for by the CONTRACTOR.

8. The TOWN may terminate this Contract on ten (10) calendar days’ notice when in the TOWN’s sole discretion, it determines it is in the best interest of the TOWN to do so, by providing notice to the CONTRACTOR, which shall be in writing and delivered via express mail, certified mail return receipt requested, or by any other appropriate method evidencing actual receipt by the CONTRACTOR. Upon termination without cause, the CONTRACTOR shall be paid for services rendered to the date of termination.

If the CONTRACTOR is determined by the TOWN to be in default of any term or condition of this Contract, the TOWN may terminate this Contract on ten (10) calendar days’ notice by providing notice to the CONTRACTOR, which shall be in writing and delivered via express mail, certified mail return receipt requested, or by any other appropriate method evidencing actual receipt by the CONTRACTOR.

The following shall constitute events of a default under this Contract:

a. Any material misrepresentation made by the CONTRACTOR to the TOWN.

b. Any failure of the CONTRACTOR to perform any of its obligations under this Contract, including, but not limited to, the following:

i Failure to commence performance of this Contract at the time specified in the specifications due to a reason or circumstance within the CONTRACTOR’s reasonable control;

ii Failure to perform this Contract with sufficient personnel and equipment or with sufficient material to ensure the completion of this Contract within the specified time due to a reason or circumstance within the CONTRACTOR’s reasonable control;

iii Failure to perform this Contract in a manner reasonably satisfactory to the

TOWN;

iv Failure to promptly reperform within a reasonable time the services that were rejected by the TOWN as unsatisfactory, or erroneous;

v Discontinuance of services for reasons not beyond the CONTRACTOR’s reasonable control;

vi Failure to comply with a material term of this Contract, including, but not limited to, the provision of insurance and non-discrimination;

vii Any other acts specifically and expressly stated in this Contract as constituting a basis for termination of this Contract; and viii Failure to comply with any and all requirements of Federal or State law and/or regulation or TOWN regulations.

9. Failure of the CONTRACTOR to comply with any of the terms or conditions of this Contract shall be deemed a material breach of this Contract, and the TOWN shall have all the rights and remedies provided in the Contract documents, including, without limitation, the right to cancel, terminate, or suspend this Contract in whole or in part, the right to maintain any and all actions at law or in equity or other proceedings with respect to a breach of this Contract, including, but not limited to, monetary damages, costs, attorneys' fees or other damages resulting from said breach, as well as specific performance of this Contract, and the right to select among the remedies available to it by virtue of all of the above.

From any sums due the CONTRACTOR for performance of this Contract, the TOWN may retain and keep the whole or any part of the amount for expenses, losses and monetary damages incurred by the TOWN as a consequence of the CONTRACTOR’s breach of this Contract and/or of the TOWN having to procure goods or services as a result of any failure, omission or mistake of the CONTRACTOR in providing goods or services as required by this Contract.

10. This Contract will be construed and governed by the provisions of applicable Federal, State and local laws and regulations; and wherever any provision of the Contract or Contract Documents shall conflict with any provision or requirement of Federal, State or local law or regulation, then the provision of the applicable law or regulation shall control.

Where applicable to the Contract, the provisions of the General Laws are incorporated by reference into this Contract, including, but not limited to, Massachusetts General Laws Chapter 30B.

Wherever applicable law mandates the inclusion of any term or provision into a municipal contract, this Article shall be understood to import such term or provision into this Contract. To whatever extent any provision of this Contract shall be inconsistent with any law or regulation limiting the power or liability or cities and towns, such law or regulation shall control.

The CONTRACTOR shall comply with all Federal, State and local laws, rules, regulations, policies and orders applicable to the Work provided pursuant to this Contract, such provisions being incorporated herein by reference, and shall be responsible for obtaining all necessary licenses, permits and approvals required for the performance of such Work.

11. The CONTRACTOR shall indemnify and hold harmless the TOWN, its officers, agents, and employees, form and against any and all fines, penalties or monetary liabilities incurred by the TOWN, its officers, agents and employees, as a result of the failure of the CONTRACTOR to comply with the previous paragraph. If any discrepancy or inconsistency is discovered in the Drawings, Specifications or Contract for this work in violation of any such law, rule, regulation, policy or order, it shall forthwith report the same in writing to the TOWN. The CONTRACTOR shall at all times observe and comply with all such existing and future laws, rules, regulations, policies and orders and shall indemnify and hold harmless the TOWN, its officers, agents and employees against any claim or liability arising from or based on any violation of such law, rule, regulation, policy or order, whether by the CONTRACTOR, its agents, employees or subcontractors.

12. Both the TOWN and the CONTRACTOR acknowledge the provisions of the State Conflict of Interest Law (MGL c.268A). This Contract expressly prohibits any activity which shall constitute a violation of that law. The CONTRACTOR shall be deemed to have investigated the application of MGL c.268A to the performance of this Contract; and, by virtue of its execution of the Contract Documents, certifies to the TOWN that neither it nor its agents, employees or subcontractors are in violation of Massachusetts General Laws Chapter 268A.

13. The CONTRACTOR shall carry out the obligations of this Contract in compliance with all requirements imposed by or pursuant to Federal, State and local ordinances, statutes, rules and regulations and policies prohibiting discrimination in employment, including, but not limited to, Title VII of the Civil Rights Act of 1964; the Age Discrimination in Employment Act of 1967; Section 504 of the Rehabilitation Act of 1973; Massachusetts General Law Chapter 151B; and any other executive orders, rules, regulations, requirements and policies relating thereto enacted by the United States of America, the Commonwealth of Massachusetts, and the TOWN as they may be amended from time to time.

14. The CONTRACTOR shall not assign, sublet or otherwise transfer this Contract, in whole or in part, without the prior written consent of the TOWN, and shall not assign any of the moneys payable under this Contract, except by and with written consent of the TOWN.

15. To the full extent permitted by law, no official, employee, agent or representative of the TOWN shall be individually or personally liable on any obligation of the TOWN under this Contract.

16. The Contractor shall indemnify, defend and save harmless the TOWN, its officers, agents and employees from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses, costs, expenses, recoveries and judgements of every nature and description (including attorneys’ fees) that may arise in whole or in part out of or in connection with the work to be performed under this Contract, or out of any act or omission by the CONTRACTOR, its employees, agents, subcontractors, suppliers and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. The CONTRACTOR further agrees to reimburse the TOWN for damage to the TOWN’s property caused by the CONTRACTOR, its employees, agents, subcontractors or suppliers, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including damages caused by its or their use of faulty, defective or unsuitable material or equipment, unless the damage is caused by the TOWN’s gross negligence or willful misconduct.

In any and all claims against the TOWN, its officers , agents or employees, by any employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under Worker’s Compensation Acts, disability benefit acts, or other employee benefit acts.

The foregoing provisions shall not be deemed to be released, waived, limited, or modified in any respect by reason of any surety or insurance provided by the CONTRACTOR under this Contract.

17. The CONTRACTOR shall provide insurance for the payment of compensation and the furnishing of other benefits under Chapter 152 of the General Laws of Massachusetts (The Workers’ Compensation Act) to all employees of the CONTRACTOR who are subject to the provisions of Chapter 152 of the General Laws of Massachusetts.

Failure to provide and continue to in force such insurance during the period of this Contract shall be deemed a material breach of this Contract, shall operate as an immediate termination thereof, and the CONTRACTOR shall indemnify the TOWN for all losses, claims and actions resulting from the failure to provide the insurance required by this Article.

The CONTRACTOR shall furnish to the TOWN a certificate evidencing such insurance prior to the execution of this Contract before the same shall be binding on the parties thereto, except if specifically waived by the TOWN.

18. Any materials, reports, information, data, etc. given to or prepared or assembled by the CONTRACTOR under this Contract are to be kept confidential and shall not be made available to any individual or organization by the CONTRACTOR (except agents, servants or employees of the CONTRACTOR) without the prior written approval of the TOWN, except as otherwise required by law. The CONTRACTOR shall comply with the provisions of Chapter 66A of the General Laws of Massachusetts as it relates to public documents, and all other State and Federal laws and regulations relating to confidentiality, security, privacy and use of confidential data.

Any materials produced in whole or in part under this Contract shall not be subject to copyright, except by the TOWN, in the United Sates or any other country. The TOWN shall have unrestricted authority to, without payment of any royalty, commission, or additional fee of any type or nature, publicly disclose, reproduce, distribute and otherwise use, and authorize others to use, in whole or in part, any reports, data or other materials prepared under this Contract.

All data, reports, programs, software, equipment, furnishings, and any other documentation or product paid for by the TOWN shall vest in the TOWN at the termination of the Contract. The CONTRACTOR shall at all times, during or after termination of the Contract, obtain the prior written approval of the TOWN before making any statement to the press or issues any material for publication through any medium bearing on the work performed or data collected under this Contract.

19. To the extent allowed by law, any term, condition, duty, or obligation contained in this Contract may be waived only by written agreement of the parties hereto.

Forbearance or indulgence in any form or manner by a party shall not be construed as a waiver, nor in any manner limit legal or equitable remedies available to that party. No waiver by either party of any default or breach shall constitute a waiver of any subsequent default or breach of a similar or different matter.

20. If any term or condition of this Contract is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, or enforceability of the remaining terms and conditions shall not be affected thereby and shall remain in full force and effect.

21. This Contract shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. Any proceedings or action relating to the subject matter contained herein shall be brought and maintained in the courts of the Commonwealth sitting in Barnstable County, Massachusetts.

22. Any notice permitted or required under the provisions of this Contract to be given or served by either of the parties hereto upon the other party hereto shall be in writing and signed in the name or on behalf of the party giving or serving the same. Notice shall be deemed to have been received at the time of actual service or three (3) business days after the date of a certified or registered mailing properly addressed. Notice to the Contractor shall be deemed sufficient if sent to the address set forth on page 1 or furnished from time to time in writing.

Massachusetts General Law Chapter 30B hereby apply to this contract.

IN WITNESS WHEREOF, the parties to these present have executed this Contract in the year and day first above mentioned.

By: CONTRACTOR By: TOWN OF BOURNE

Marlene McCollem, Town Administrator

I hereby certify that the Town of Bourne has an appropriation to cover the cost of this contract in accordance with Ch 44 §31C of the Massachusetts General Laws.

By:

Erica Flemming, Finance Director

APPENDIX B. ACCEPTANCE OF BID NOTICE

ACCEPTANCE OF BID NOTICE

DATE: ____________

CONTRACTOR NAME, ADDRESS is hereby notified that their bid for the _______________ surplus bank sand in accordance with Invitation for Bid dated _________ and Addendum ____ thereto, in the amount of $__________per ton, dated ___________ has been accepted.

It is requested that acknowledgement of this ACCEPTANCE be indicated by endorsement below by an authorized representative of the contractor, return by email to ehartsgrove@bourne-ma.gov and the original be returned to the Administration Office, 24 Perry Ave, Buzzards Bay, MA 02532.

A formal Contract will be drawn up based on the terms of the Bid offered, subject to final approval by the Town Administrator of the Town of Bourne. Contractor shall provide a certificate of insurance naming the Town of Bourne as an additional insured with the contract document.

Marlene McCollem, Town Administrator

TO: Administration Office 24 Perry Ave Buzzards Bay, MA 02532

Receipt is hereby acknowledged for the above ACCEPTANCE OF BID

BY: DATE:

Signature

PRINT NAME: TITLE:

APPENDIX C. NOTICE TO PROCEED

NOTICE TO PROCEED

DATE: ________________, 2025

SUBJECT CONTRACT: PURCHASE OF FIREARMS

To:

1. You are hereby given formal NOTICE TO PROCEED in accordance with the provisions of the subject contract.

2. It is requested that acknowledgment of this NOTICE be indicated by endorsement hereon, and that the original be returned to this office. The duplicate should be retained in your office files.

Marlene McCollem, Town Administrator

FIRST ENDORSEMENT

TO: Town of Bourne Attn: Liz Hartsgrove, Assistant Town Administrator 24 Perry Ave Buzzards Bay, MA 02532

Receipt is hereby acknowledged of the above NOTICE TO PROCEED under this contract.

By: _____________________________________ Date: _____________________________