HomeMy WebLinkAboutCAG2017-0335 - Original - Dooley Enterprises, Inc. - Master Contract No.02616 Ammunition by and between State of WA Dept. of Enterprise Services - 01/01/2017Mnsr¡nConrmcr
No.02616
AMnnurumoru
For Use by Elígible Purchasers
By and Between
SrATE oF WAsH¡NGToN
DEPARTMENT oF ENTERPRIS¡ S¡RvIcTs
and
DooLEY ENTERPR|SES, lNc.
Dated January 1,,2Ot7
MRsren Corurnecr
No.02615
Arumunmoru
This Master Contract ("Master Contract'') is made and entered into by and between the State of
Washington acting by and through the Department of Enterprise Services, a Washington State
governmental agency {"Enterprise Services") and Dooley Enterprises, lnc. a California Corporation
("Contractor") and is dated as of January t,2017.
RECITALS
A. Pursuant to Legislative direction codifíed in RCW chapter 39.26, Enterprise Services, on
behalf of the State of Washington, is authorízed to develop, solicit, and establish master
contracts for goods and/or services for general use by Washington state agenc¡es and
certain other ent¡ties (elÍgÌble purchasers).
B. On behalf of the State of Washington, Enterprise Services, as part of a competitive
governmental procurement, issued lnvitation For Bid No. 02616 dated September 14,
2016 regarding Amm unition.
C. Enterprise Seruices evaluated all responses to the lnvitation For Bid and identified
Contractor as an apparent successful bidder.
D. Enterprise Services has determined that enteríng into this Master Contract will meet the
identified needs and be in the best interest of the State of Washington.
E. The purpose of this Master Contract is to enable eligible purchasers to purchase the
goods and/or services as set forth hereín.
AGREEMENT
Now THEREFoRE, in consideration of the mutual promises, covenants, and conditions set forth herein, the
parties hereto hereby agree as follows:
t. TenM. The term of this Master Contract is fixed for seventy-two (72) months commencing January 1.,
2017 and ending December 3L,2023.
2. ELtGlsl-¡ PuRcn¡sens. This Master Contract may be utilized by any of the following types of entities
("Purchase/'):
2'1' wnsu¡ruGrorusrnre
**'l;Jl.i::::ï":i:ilî::"li.l,l';,visions, boards, and
commission; and
' Any of the following institutions of higher education: state un¡versities, regional
univers¡tíes, state college, community colleges, and technical colleges.
2.2. MCUA PARIES. This Master contract also may be utilized by any of the following types ofen"esi";ffi
:i":ï:1,åi;:'ïi:-îJ"ïff "i:::f i#':TïJ:,,'ïff ,î''ï;*
districts);
MASTER CONTRACT No. 0261.6 .AMMUNITIoN
(Rev. 8-15-2016)2
: ;:fi:fffiiii,.ji:îiil::ii';]., u,0,,.,(3) nonpront corporations
that receive federal, state, or local funding); and
Federally-recognized tndian Tríbes located in the State of Washington.
3. ScopE - lNctuDED GooDs, Pnlce, nNo SREctFlcAnoNs.
3.L. CONTRACT ScoPE. Pursuant to this Master Contract, Contractor is authorized to sell only
those goods and/or services set forth in ExhibitA- Inctuded Goods for the prices also set
forth in ExhibitA. contractor shall not represent to any Purchaser under this Master
Contract that Contractor has contractual authority to sell any goods and/or services beyond
those set forth in ExhìbitA - tncluded Goods/Services. Goods must conform to the
specifications set forth in Exhibit B - AmmunÍtion Specîfications.
3.2. STntr's ABlLlrY ro Moolrv ScoPE oF MASTER coNTRAcr. Subject to mutual ägreement between
the parties, Enterprise Services reserves the right to modify the goods and/or services
included in this Master Contract; Provided, however, that any such modification shall be
effectíve only upon thírty (30) days advance written notice; and provided further, that any
such modification must be within the scope of this Master contract.
3.3. EcoNoMlcADJUSIMENT. Pricing will remaÍn firm and fixed for the initial term of the contract.
After twenty-four (24) months, the prices set forth in Exhibit B shall be adjusted, based upon
the percent changes (whether up or down) in the UnÍted Stätes Department of Labor,
Bureau of Labor and Statístícs (BLS) indices described below, for the most recent year.
Economic adjustment will lag one (L) calendar quarter past the contract commencement
date to allow for publication of BLS data. AII calculatíons for the index shall be based upon
the latest version of fínal data published as of November each year {preliminary data will
not be used). Prices shall be adjusted on February 1,,2OIg and annually on February 1
thereafter. lf an index is recoded, and the replacement is a direct subst¡tute according to
the BLS, this Contract w¡ll Ínstead use the recode. lf an index becomes unavailable,
Enterprise Services shallsubstitute a proxy índex. lf there is not a direct subst¡tute, the next
higher aggregate index available will be used. The economic adjustment shall be calculated
as follows:
New Price = Old Price x (Current perÍod lndex/Base períod tndex).
The following final data from this US BLS index will be inserted in the formula above
Small arms ammun¡t¡on mfg.PCU3329923329920
3.4.PRICE cElLtNG. Although Contractor may offer lower prices to Purchasers, during the term of
this Master Contract, Contractor guarantees to provide the Goods/Services at no greater
than the prices set forth in Exhibit B - Prices for Goods/Servìces (subject to economic
adjustment as set forth herein).
MASTER CoNrRacr lruroRvmlolv. Enterprise Services shall maintain and provide information
regarding this Master contract, including scope and pricing, to eligible purchasers.
3.5.
MASTER CoNTRAfi No. 026].6 - AMMUNITIoN
{Rev. 8-1s-2016)
4. CoNTRAcToR REpREsENrAiloNs AND WARR.ANnES. Contrãctor makes each of thF following
representations and warran!íes as of the effective date of th¡s Master Contract and at the time any
order is placed pursuant to this Master Contraçt. lf, at the time of any such order, Contractor
cannot make such representations and warranties, Contractor shall not process any orders and shall,
within three (3) business days notifo Enterprise Services, in writing, of such breach.
4.1. quAL¡FtED ro oo Bus¡rrress. Contractor represents and warrants that it is in good standing and
quatified to do busîness in the State of Washington, that it possesses and shall keep current
all required licenses and/or approvals, and that it is current, in full compliance, and has paid
all applicable taxes owed to the State of Washington.
4.2. Susprrusro¡¿ & DreRRMrNr. Contractor represents and warrants that neither it nor its
principa[s or affiliates presently are debarred, suspended, proposed for debarment,
declared ineligible, or voli.¡ntarily excluded from participation in any governmental contract
by any governmentaldepartment or agency wíthin the United States.
4.3. quAlrry oF GooDS oR SERVTcES. Contractor represents and warrants that any goods and/or
sèrvÍces sold pursuant to this Master Contract shall be merchantable, shall conform to this
Master Contract and Furchase/s Purchase Order, shall be fit and safe for the intended
purposes, shall be free from defects in mater¡äls and workmanshíp, and shall be produced
and delivered in full compliance with applicable law. Contractor further represents and
warrants it has clear title to the goods and that the same shall be delivered free of liens and
encumbrances and that the same do not ínfringe any third party patent. Upon breach of
warranty, Contractor will repair or replace (at no charge to Purchaser) any goods and/or
servÍces whose nonconformance is discovered and made known to the Contractor. ll in
Purchaser's judgment, repair or replacement is inadequate, or fails of its essential purpose,
Contractor will refund the full amount of any payments that have been made. The rights
and remedies of the parties under this warranty are in add¡tion to any other rights and
remedies of the parties provided by law or equity, including, without limitatíon, actual
damages, and, as applicable and awarded under the law, to a prevailing party, reasonable
attorneys' fees and costs.
4.4, PRoCUREMENI Ernrcs & PnonrsrloN oN GIFTS. Contractor represents and warrants that it
complies fully with all applícable procurement ethics restrictlons íncluding, but not limited
to, restríct¡ons against Contractor providing gifts or anything of economic value, directly or
Índirectly, to Purchasers' employees.
4.5. WnsHlrueroru's ELrffRoNtc BusrNess SoLUrroN (WEBS). Contractor represents and warrants that
Ít is registered in Washington's Electronic Business Solution (WEBS), Washington's contrast
registration system and that, all of its information therein ís current and accurate and that
throughout the term of this Master Contract, Contrâctor shall maintain an accurate profile
in WEBS.
4.6,Srerrwrnr P¡vrE Desr. Contractor represents and warrants that it is registered with the
Statewide Payee Desk, whích registration is a condítion to payment.
MASTER CouRarr PRoMoÏoN; ADVERT|STNG AND ENDoRSEMENT. Contractor represents and
warrants that it shall use commercîally reasonable efforts both to promote änd market the
use of this Master Contract with eligíble Purchasers and to ensure that those entíties that
utilize this Mãster Contract are eligible Purchasers. Contractor understands and
acknowledges that neither Enterprise Services nor Purchasers are endorsing Contracto/s
goods and/or services or suggesting that such goods and/or services are the best or only
4.7
MASTER CoNrRArr No. 02616 - AvlnrururTlor'l
(Rev. 8-15-201.6)4
4.8
solutíon to their needs. Accordingly, Contractor represents and warrants that it shall make
no reference to Enterprise Services, any Purchaser, or the State of Washíngton in any
promotional material without the príor written consent of Enterprise Services.
MASTER Co¡¡rnacr TRR¡'lslfloru. Contractor represents and warrants that, Ín the event this
Master Contract or a similar contract, ís transítioned to another contractor (e.g., Master
contract exp¡ration or termination), Contractor shall use commercially reasonable efforts to
assist Enterprise Services for a periocl of sixty (60) days to effectuate a smooth trans¡tion to
another conträctor to minimize disruption of service and/or costs to the State of
Washington
5. Usrrue ttte MASTER Corurnecr- PuRctts¡s.
5'1. ORDERING REQulRrven¡rs. Elígible Purchasers shall order goods and/or services from this
Master cûntract, cons¡stent with the terms hereof and by using any ordering mechanísm
agreeable both to Contractor and Purchaser but, at a minimum, including the use of a
purchase order. When practicable, Contrâctor and Purchaser also shall use telephone
orders, email orders, web-based orders, and similar procurement methods (collectively
"Purchaser Order''). All order documents must reference the Master Contract number.
5.2' DELIVERY REQulREMutrlts. Contractor must ensure that delivery of goods and/or services will
be made as required by thís Master contract, the Purchase Order used by purchasers, or as
otherwise mutually agreed in writing between the Purchaser and Contractor. The followÍng
apply to all deliveries:
(a) Contractor shall make all deliveries to the appÌicable delivery location specified
in the Purchase Order- Such delivers shall occur during Purchaser's normal work
hours and within the tirne period mutually agreed in writing between Purchaser
and Contractor at the time of order placement.
(b) Contractor shall ship all goods andfor services purchased pursuant to th¡s
Master contract, freight charges prepaid by contractor, FoB purchase/s
specified destínation with all transportation and handling charges included.
conträctor shall bear all rísk of loss, damage, or destruction of the goods and/or
services ordered hereunder that occurs pr¡or to delivery, except loss or damage
attributable to purchaser,s fault or negligence.
(c) All packing lists, packages, ¡nstruction manuals, correspondence, shipping
notices, shipping containers, and other written materials associated with this
Master Contract shall be identÍfÍed by the Master Contract number set forth on
the cover of this Master Contract and the applicable Purchase/s Purchase Order
number. PackÎng lists shall be enclosed w¡th each shipment and cfearly ídentiñ7
all contents and any backorders.
5.3' RrcEtpr AND lNsPEcloN oF GooDs eruo/on SERVlcEs. Goods and/or servíces purchased under
this Master Contract are subject to Purchase/s reasonable inspection, testing, and approval
at Purchaser's destination. Purchaser reserves the right to reject and refuse acceptance of
goods and/or services that are not in accordance with thÍs Master Contract and purchaser's
Purchase order. Purchaser may charge Contractor for the cost of inspecting rejected goods.
lf there âre any apparent defects in the goods and/or servíces at the time of delivery,
Purchaser promptly wif I notiñ¡ Contractor. At Purchaser's option, and without limiting any
other rights, Purchaser may require Contractor to repaír or replace, at Contracto/s expense,
MesrrR Corumncr No. 02616 - Aw¡vturrlllo¡v
(Rev.8-1s-2016)q
5.4.
any or all of the damaged goods and/or services or, at Purchaser's option, Purchaser may
note any damage to the goods and/or services on the receivÍng report, decline acceptance,
and deduct the cost of rejected goods and/or services from final payment. Payment for any
goods under such Purchase Order shall not be deemed acceptance ofthe goods'
ON Strr Rreutnevrnrs. While on Purchaser's premises, Contractor, its agents, employees, or
subcontractors shall comply, in all respects, with Purchase/s physical, fire, access, or other
secrrrity req rrirem ents.
6. lt'¡volctrue & Plvrvlrn¡r.
6.1. CoNTRACToR INVôtcE. Contractor shall submit to Purchaser's designated invoicing contact
properiy ítemized invoices. Such invoices shall itemize the following:
(a) Master Contract No. 02616
(b) Contractor name, address, telephone number, and email address for billing
issues (i.e., Contractor Customer Se rvice Representative)
(c) Contractol's FederalTax fdentification Number
(d) Date(s) of delivery
{e) lnvoice amount; and
(f) Payment terms, including any avaílable prompt payment discounts.
Contractor's Ínvoices for payment shall reflect accurate Master Contract prices. lnvoices will
not be processed for payment until receipt of a complete invoice as specifíed herein.
6.2. PAvMENT, Payment is the sole responsibílíty of, and will be made by, the Purchaser.
Payment is due within thirty (30) days of invoice. lf Purchaser fails to make timely
payment(s), Contractor may invoice Purchaser in the amount of one percent (1%l per month
on the amount overdue or a minimum of 51. Payment will not be considered late if a check
or warränt ís maíled wÍthin the time specifÍed.
6.3. OveRp¡vruErurs. Contractor promptly shall refund to Purchâser the full amount of any
erroneous payment or overpayment. Such refunds shall occur within thírfy (30) days of
written notice to Contracto r; Provided, however, that Purchaser shall have the rìght to elect
to have either direct payments or written credit memos issued. lf Contractor fails to make
timely payment(s) or issuance of such credit memos, Purchaser may impose a one percent
(l%) per month on the amount overdue thirty (30) days after notice to the Contractor.
6.4. No ADVANcE Pnyvrrur. No advance payments shall be made for any products or services
furnished by Contractor pursuant to thÍs Master Contract.
6.5. No AÞDtloNm Cn¡ncrs. Unless otherwise specifíed herein, Contractor shall not Ínclude or
impose any additíonal charges including, but not limited to, charges for shippíng, handling,
or payment processing.
6.6. Tnxrs,/Fers. Contractor promptly shall pay all applicable taxes on its operations and activ¡ties
pertaining to this Master Contract. Failure to do so shall constitute breach of this Master
Contract. Unless otherwise agreed, Purchaser shall pay applicable sales tax imposed by the
State of Washington on purchased goods and/or services. Contractor, however, shall not
make any charge for federal excise taxes and Purchaser agrees to furnish Contractor with an
exemption certÍfìcate where appropriate.
MASTER CONTFIACT No.02616 - AMMUNITION
(Rev.8-15-20L6)6
7. CorurRncr Me¡¡ae euerur.
7.1. CorurRncr AovlusrRaloN & NolcEs. Except for legal notices, the parties hereby desígnate
the following contract administrators as the respectivê single points of contact for purposes
of thÍs Master Contract. Enterprise Services' contract administrator shall provide Master
Contract oversight. Contractotrs contract administrator shall be Contractor's principal
contact for business act¡vit¡es under this Master Contract. The parties may change
contraçtor administrators by wr¡tten notice as set forth helow.
Any notices required or desired shall be in writing and sent by U.S. mail, postage prepaid, or
sent v¡a email, and shall be sent to the respective addressee at the respective address or
email address set forth below or to such other address or email address as the parties may
specify in writing:
Enterprise Services Contractor
Attn: Melaníe Williams Attn:
Washington Dept. of Enterprise Services
PO Box 41,41I
Olympia, WA 98504-141L
Tel: (360) 407-9399 Tel: (nor) xxx-xxxx
Email: Melanie-Willia ms@des.wa.sov Email:
7.2
Notices shall be deemed effective upon the earlier of receipt, if mailed, or, if emailed, upon
transmission to the designated email address of said addressee.
Co¡'lrRecroR CusroMER SERV|cE REPRESENTAT|VE. Conträctor shall designate a customer service
representatÍve (and inform Enterprise Services of the same) who shalt be responsible for
addressing Purchaser issues pertaining to this Master Contract.
Lrcru Nortcrs. Any legal notices required or desired shall be in writing and delivered by U.5.
certified mail, return receipt requested, postage prepaid, or sent via emaí|, and shall be sent
to the respectíve addressee at the respective address or email address set forth below or to
such other address or email address as the parties may specify in writing:
Enterprise Services Contractor
Attn: Legal Services Manager
Washington Dept. of Enterprise Servíces
PO Box 41411,
Olympia, WA 98504-1411
Email: greg.tolbert@des.wa.gov
Notices shall be deemed effective upon the earlier of receÍpt when delivered, or, if mailed,
upon return receipt, or, íf emaíled, upon transmission to the designated emaÍl address of
said addressee.
8. Cotr.¡rRRcron Stles RrpoRrrrue; VuruooR Mnrv¡e ¡rv¡¡rur Frr; & CorurRncron R¡ponrs.
8.1. MasrrR CorurRRcr Saus Rrponrn¡G. Contractor shall report total Master Contract sales
quanerfy to Enterprise Services, as set forth below.
{a) Master Contract Sales Report¡ng System. Contractor shall report quarterly
Mäster Contract sales ín Enterprise Services' Master Contract Sales Reporting
System. Enterprise Services will provÍde Contractor with a login password and a
MASTER CoNTRACT No- 02616 - AMMUNITIoN
(Rev- 8-15-2015)
7.3
Attn
Email
7
8.2.
vendor number, The password and vendor number will be provided to the Sales
Reporting Representative(s) listed on Contracto/s Bídder Profíle.
(b) Data. Each sales report must identify every authorized Purchaser by name as Ít
is known to Enterprise Servíces and its total comb¡ned sales amount Ínvoiced
during the reporting period (i.e., sales of an ent¡re agency or political
subdivision, not its índividual subsections). The "Miscellaneous" option may be
used only w¡th pr¡or approval by Enterprise Services. Upon request, Contractor
shall provÍde contâct information for all authorized purchasers specifÌed herein
during the term of the Master Contract, lf there are no Master Contract sales
during the reporting period, Contractor must report zero sales.
(c) Due dates for Master Contract Sales Reporting. Quarterly Master Contract Sales
Reports must be subrnitted electronícally by the followíng deadlines for all sales
invoiced during the applicable calendar quarter:
FOÌ CALENDAR QUARTÉR EÍ\IDING
Mnsrrn CoNTRAcT
Snus Rrponr Du¡
March 31:Aprí|30
lune 30:July 3L
September 30:October 31
December 31:January 3L
VENDoR M¡ruac¡vrruT FEE. Contractor shall pay to Enterprise Services a vendor management
fee ("VMF"') of O.74 percent on the purchase price for all Master Contract sales (the
purchase pr¡ce ¡s the total invoice price less applicable sales tax).
(a) The sum owed by Contractor to Enterprise Services as a result of the VMF is
calculated as follows:
Amount owed to Enterprise Services = Total Master Contract
sales invoiced (not including sales tax) x .0074.
(b) The VMF must be rolled into Contractor's current pricing. The VMF must not be
shown as a separate line item on any ínvoice unless specífically requested and
approved by EnterprÍse Services.
(c) Enterprise Services will invoice Contractor quarterly based on Master Contract
sales reported by Contrâctor. Contractors are not to rem¡t payment unt¡l they
receive an invoice from Enterprise Services. Contracto/s VMF payment to
Enterprise Services must reference this Master Contract number, work request
number {if applicabfe), the year and quarter for which the VMF is being
remitted, and the Contracto/s name as set forth in this Master Contract, if not
already included on the face ofthe check.
(d) FaÍlure to accurately report total net sales, to submit a timely usage report, or
remit timely payment of the VMF, may be cause for Master Contract
termination or the exercise of other remedies provided by law. Without limiting
any other avaí[able rernedies, the Parties agree that Contracto/s failure to remit
to Enterprise Services timely pâyment of the VMF shall obligate contractor to
MASTER CoNTRACI No. 0261.6 -AMMUNITIoN
(Rev.8-15-2016)
-T--."'-..*"-
8.3
pay to Enterprise Servíces, to offset the administrat¡ve and transaction costs
incurred by the State to identify, process, and collect such sums the sum of
5200.00 or twenty-five percent (25yo\ of the outstand¡ng amount, whichever is
greater, or the maximum allowed by law, if less.
{e) Enterprise Services reserves the ríght, upon thirty {30) days advance wrítten
notíce, to Íncrease, reduce,,or eliminate the VMF for subsequent purchases, and
reserves the right to renegotiatÊ Master Co,ntract pricÍng with Conffactor when
any subsequent âdjustment of the VMF rnight justify a change in pricing.
Aru¡,¡uru Masren CorurR¡ct SnLes Rnponr. Contractor shall provîde to Enterprise Services a
detailed annual Master Contract sales report. Such report shall include, at a minimum:
Product descríption, part number or other Product identifier, per unit quantíties sold, and
Master Contract price. This report must be províded in an electronic format that can be
read by MS Excel.
SMALL BuslNEss lNcLUstoN. Upon Request by Enterprise Services, Contractor shall provide,
withín thírty (30) days, an Affídavit of Amounts Paid. Such Affidavit of Amounts Paid either
shall state, if applicable, that Contractor st¡ll maintains its MWBE certification or state that
its subcontractor(s) still maintain(s) its/their MWBE certification(s) and specify the amounts
paid to each certified MWBE subcontractor under thís Master Contract. Contractor shall
maintain records supporting the Affìdavít of Amounts Paid in accordance wíth this Master
Contract's records retention requirements.
8.4,
9. REcoRDs R¡rrruro¡¡ & AuDtrs.
9.1. REcoRÐs RrrErurlon. Contractor shall maintain books, records, documents, and other
evidence pertain¡ng to this Master Contract and orders placed by Purchasers under ¡t to the
extent and in such detail as shall adequately reflect performance and administration of
payments and fees. Contactor shall retain such records for a perîod of síx (6) years
following expiration or terminatíon of this Mastêr Contract or fìnal payment for any order
placed by a Purchaser agaînst this Master Contract, whichever is later; Provided, however,
that if a ny lÍtigation, claim, or audit is commenced prior to the expiration of this period, such
period shall extend unt¡l all such lÍtigation, claims, or audits have been resolved.
9.2. AuDtr. Enterprise Services reserves the right to audít, or have a designated third party audit,
applicable records to ensure that Contractor has properly invoiced Purchasers and that
Contractor has paid all applicable contract management fees. Accordingly, Contractor shall
permit Enterprise ServÎces, any Purchaser, and any other duly authorized agent of a
Sovernmental agency, to audit, inspect, examine, copy and/or transcribe Contractor's
books, documents, papers and records dÍrectly pertínent to this Master Contract or orders
placed by a Purchaser under ít for the purpose of making audíts, examinations, excerpts,
and transcríptions. This right shall survive for a period of six (6) years following expiration or
termination of this Master Contract or final payment for any order placed by a Purchaser
against this Master Contract, whichever is later; Provided, however, that if any lítigation,
claim, or audit is commenced priorto the expiret¡on of th¡s period, such period shall extend
until all such litigation, claîms, or audits have been resolved.
9.3. OvrRpavueruT oF PuRcHAsEs oR UruorRpavMENT oF FEES- Without limiting any other remedy
available to any Purchaser, Contractor shall (a) reimburse Purchasers for any overpayments
inconsistent with the terms of this Master Contract or orders, at a rate of L25o/o of such
M¡srEn Co¡¡rRncr No.02616 - AMMUNtrloN
(Rev.8-15-2o16)9
overpayments, found as a result of the examination of the Contractor's records; and
(b) reimburse Enterprise Services for any underpayment of fees, at ä rate of 125o/o of such
fees found as a result of the examínation of the Contractor's records (e.g., Ìf Contractor
underpays the Vendor Management Fee by 5500, Contractor would be required to pay to
Enterprise Services SSOO x 1,.25 = S625).
10. lrusunnrr¡ce.
10.1. REQUTRED lNsuRANcE. Durîng the Term of this Master Contract, Contractor, at its expense,
shall maintain in full force and effect the insurance coverages set forth in ExhíbitC -' lnsurdnce Requirements.
10.2. Wonrnns Co¡vprnsnrtoru. Contractor shall comply with applícable workers compensation
statutes and regulations (e.9., RCW Title 51, lndustrial lnsurance). lf Contractor fails to
provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its
employees as may be required by law, Enterprise Services may terminate this Master
Contract. This provision does not waive any of the Washington State Þepartment of Labor
and lndustries (L&l) rights to collect from Contractor. ln addition, Contractor waives íts
immunity under RCW Title 51- to the extent it ís required to indemnify, defend, and hold
harmless the State of Washington and its agencies, offìcíals, egents, or employees.
11. CrAMs.
7L.L.Assuvprloru or Rtsrs; CLAllts Brrwrrru THE PARTTEs. Contractor assumes sole responsÍbility and
all risks of personal iniury or property damage to itself and its ernployees, agents, and
Contractors in connection with Contractoy's operations under this Master Contract.
Enterprise Services has made no representations regarding any factor affecting Contractor's
risks. Contractor shall pay for all damage to any Purchase/s property resulting directly or
indirectly from its acts or omissions under this Master Contrac! even if not ãttr¡butâble to
negligence by Contractor or its agents.
THLRD-PARTY CLAIMS; lNDEMNtry. To the fullest extent permitted by law, Contractor shall
defend, indemnify, and hold harmless Enterprise Services and any Purchaser and theír
employees and agents from and against all claims, demands, judgments, assessments,
damages, penalties, fines, costs, liabilities or losses including, without limitation, sums paid
in settlement of claims, attorneys' fees, consultant fees, and expert fees (collectively
"claims") arising from any act or omission of Contractor or íts successors, agents, and
subcontractors under this Master Contratt, çxcept claims caused solely by Enterprise
Services or any Purchasers' negligence. Contractor shall take all steps needed to keep
Purchaser/s property free of liens arisíng from Contracto/s activitíes, and promptly obtain or
bond the release of any such liens that may be filed.
7]-.2.
12' Dlspure REsolurloN. The parties shall cooperate to resolve any dispute pertaining to this Master
Contrâct efficiently, as timely as practicable, and at the lowest possible level with authority to
resolve such dispute. lf, however, a díspute persists and cannot be resolved, it may be escalated
wíthin each organization. ln such situation, upon notice by either party, each party, withÍn five (5)
business days shall reduce its description of the dispute to writing and deliver ít to the other party.
The receiving party then shall have three (3) business days to review and respond in writÍng. ln the
event that the part¡es cannotthen agree on a resolutîon of the dispute, the parties shall schedule a
conference between the respective senior managers of each organ¡zation to attempt to resolve the
M¡srER Corurnafi No. 02616 - An¡wru¡vlT|o¡il
(Rev. &15-2015)to
dispute. ln the event the parties cannot agree, either party may resort to court to resolve the
dispute.
13. SusperusroN & TERM!NATToN; REMEDtES.
13,1. Susp¡wslol'l & TrRvltrumoN FoR DEFAULT, Enterprise Services may suspend Contracto/s
operations under this Master Contract immediately by written cure notice of any default.
Suspension shall continue until the default is remedied to Enterprise Seruîces' reasonable
satisfaction; Provided, however, that if after thirty (30) days from such a suspension notice,
Contractor remains in default, EnterprÌse Services may terminate Contractor's rights under
this Master Contract. All of Contractor/s.obligations to Enterpríse Services and Purchasers
survive termínation of Contractor's rights under thís Master Contract, unt¡l such obligations
have been fulfilled.
1-'3.2
13.3
13.4.
13.s.
DEFAULT. Each of the following events shall constitute default of this Master Contract by
Co ntractor:
(a) Contractor fails to perform or comply w¡th any of the terms or conditions of this
Master Contract including, but not limited to, Contractor's obligation to pay
contract manâgement fees when due;
(b) Contractor breaches any representation or warranty provided herein; or
(c) Contractor enters into proceedings relating to bankruptcy, whether voluntary or
ínvoluntary.
REMEDIEs FoR DEFAULT.
(a) Enterprise Services' rights to suspend and terminate Contracto/s rights under this, Master Contract are in addítíon to all other available remedies.
(b) ln the event of termination for: default, Enterprise Services may exercÍse any
remedy provided by law íncluding, without limitation, the right to procure for all
Purchasers replacement goods and/or services. ln such event, Contractor shall be
liable to Enterprlse Services for damages as authorized by law including, but not
limÍted to, any prÍce difference between the Master Contract price and the' replacement or cover price as wefl as any administrative and/or transaction costs
directly related to such replacement procurement - e,g., the cost of the
competitíve procureme nt.
Llrurnlorrl oN D.A.MA6Es. Notwithstanding any provision to the contrary the partíes agree
that in no event shall any party or Purchaser be liable ta the other for exemplary or punitive
damages.
GOVER¡,Ivrrur¡L TERMINATIoN.
(a) Terminatíon for Withdrawal of Authorlty. Enterprise Services may suspend or
termínate this Master Contract if, during the term hereof, Enterpríse Services'
procurement authority is withdrawn, reduced, or limited such that Enterprise
Services, ín Íts judgment, would lack authority to enter into th¡s Master Contracu
Provided, however, that such suspension or termÍnation for withdrawal of authority
shall only be effective upon twenty {20) days prior written notice; and Provided
further, that such suspension or termination for withdrawal of authority shall not
relieve any Purchaser from payment for goods and/or services already ordered as
of the effective date of such notice. Except as stated in this provisíon, in the event
MASTER CoNTRATT NO, 0261.6. AMMUNIT¡oN
(Rev. &1s-2016)11
14. Gerr¡ERnL PRovtsloNs.
14.1. TIMÊ ls oF rHE EssENcE. Time is of the essence for each and every provisíon of this Master
Contract.
1"3.6
L4.2.
1,4.3.
14.4
14.5.
L4.6
L4.7.
of such suspension or terminatíon for withdrawal of authority, neither EnterprÍse
Services nor any Purchaser shall have any obligation or liability to Contractor.
(b) Termination for Convenience. Enterprise Services, for convenience, may terminate
this Master Contract; Provided, however, that such term¡nat¡on for convenience
must, in Enterprise Services' judgment, be in the best interest of the State of
Washington:. and Provided further, that such termination for convenience shall only
be effective upon sixty (60) days prior written notice; and Provided further, that
such termination for convenience shall not relieve any Purchaser from payment for
goods and/or seruices already ordered as of the effective date of such notice.
Except as stated in this provision, in the event of such termination for convenience,
neither Enterprise Services nor any Puichaser shall have any obligation or liability
to Contractor.
TrRrvlrumoru PRocEDURE. Regardless of basis, in the event of suspension or termination (in
full or in part), the parties shall cooperâte to ensure an orderly and efficient suspensíon or
termination. Accordingly, Contractor shall delíver to Purchasers all goods and/or services
that are complete (or with approvaI from EnterprÍse Services, substantially complete] and
Purchasers shall inspect, accept, and pay for the same in accordance with this Master
Contract and the applicable Purchase Order. Unless directed by Enterprise Services to the
contrary, Contractor shall not process any orders after notice of suspension or termination
inconsiste nt therewith.
Covpunruce wrs Law. Contractor shall comply with all applicable law.
INTEGRATED AGRËEMENT. This Master Contrast constitutes the entire agreement and
understanding of the parties with respect to the subject matter and supersedes all prior
negotíations, representations, and understandings between them. There are no
representations or understandîngs of any kind not set forth herein.
Avrrupvrrur on Moolncnrto¡t. Except as set forth herein, this Master Contract may not be
amended or modífied except in writing and signed by a duly authorized representatíve of
each party hereto.
AurHoRtrY. Each party to this Master Contract, and each individual signing on behalf of each
party, hereby represents and warrants to the other that it has full power and authority to
enter ¡nto this Master Contract and that Íts execution, delivery, and performance of this
Master Contract has been fully authorized and approved, and that no further approvals or
cônsênts are required to bind such pärty.
No AGENcY. The parties agree that no agency, partnership, or joint venture of any kind shall
be or is intended to be created by or under this Master Contract. Neither party is an agent
of the other party nor authorized to obligate it.
AsstcNve¡¡rs. Contractor mãy not assign its rights under this Master Contract w¡thout
Enterprise Services' prior written consent and Enterprise Services may consider any
attempted assignment without such consent to be void; Provided, however, that, if
Contractor provides written notice to Enterprise Services within thirty {30) days, Contractor
Masrrn Co¡lrRacT NÕ. 026L6 - Avlrr¡ur,¡lÏol\¡
(Rev.8-L5-2016)
I
12
L4.8.
14.9.
14.10
L4.1.1..
14.12.
74.I3.
74.14.
1_4.75.
may assign its rights under th¡s Master Contract in full to any parent, subsidiary or affiliate
of Contractor that controls or is controlled by or under common control with Contractor, is
merged or consolidated with Contractor, or purchases a majority or controlling ¡nterest ¡n
the ownership or assets of Contractor. Unless otherwise agreed, Contractor guarantees
prompt pertormance of all obligations under this Master Contract notw¡thstanding any prior
assignment of its rights.
BINDING Erprcr; SuccEssoRs & Asstcrus. This Master Contract shall be bindíng upon and shall
ínure to the benef¡t of the parties hereto and their respective successors and assigns.
Pusl¡c lNFoRMArtoN. Thís Master Contract and all related documents are subject to public
disclosure as required by Washington's Public Records Act, RCW chapter 42.56.
Asstclrlue rur oF ANTITRUST RtGHTs Reeanorrue PuRcHAsED Gooos/Se nvtcEs. Contractor irrevocably
assigns to Enterprise Serv¡ces, on behalf of the Stäte of Washington, any claim for relief or
cause of action which the Contractor now has or which may accrue to the Contractor in the
future by reason of any violation of state or federal antitrust laws in connection with any
goods and/or services provided ín Washington for the purpose of carrying out the
Contractor's obligations under this Master Contract, including, at Enterprise Services'
option, the right to controf any such litigatÍon on such claim for relief or cause of action.
FEornnr FuNDs. To the êxtent that any Purchaser uses federal funds to purchase goods
and/or services pursuant to this Master Contract, such Purchaser shall specify, with its
order, any applicable requírement or cert¡fication that must be sat¡sfied by ConÛactor at the
time the order is placed or upon delivery,
SEvrRnetLlrY. lf any provision of thÍs Master Contract is held to be invalid or unenforceable,
such provision shalI not affect or invalidate the remainder of this Master Contract, and to
this end the provísions of this Master Contract are declared to be severable. lf such
invalídity becomes known or apparent to the parties, the partÍes agree to negotiate
promptly in good faíth ín an attempt to amend such provision as nearly as possible to be
consistent with the íntent of thís Master Contract.
WalvER. Failure of either party to insist upon the strict performance of any of the terms and
condÎtions hereof, orfaílure to exercise any ríghts or remedies provided herein or by law, or
to notify the other party ¡n the event of breach, shall not release the other pafi of any of its
obligations under this Master Contract, nor shall any purported oral modification or
rescission of this Master Contract by either party operate âs a waiver of any of the terms
hereof. No waiver by either party of any breach, default, or violation of any term, warranty,
representation, contract, covenant, ríght, condition, or provision hereof shall constitute
walver of any subsequent breach, default, or violation of the same or other term, warranty,
re presentatio n, co ntra ct, covenä nt, night, co nditÍo n, or provísion.
Sunv¡vel. All representations, warranties, covenants, agreements, and Índemnities set forth
ín or otherwise made pursuant to thÍs Master Contract shall survive and remaín in effect
following the expiration or termination of this Mester Contract, Provided, however, that
nothing herein is intended to extend the survival beyond any applicable statute of
limitatÍons periods-
GovrRrulne L¡w. The validity, construction, performance, and enforcement of this Master
Contract shall be governed by and construed in accordance with the laws of the State of
Washington, wÍthout regard to its choice of law rules-
MASTER CoNTRACT No. 02616 - AMMUNTÏoN
{Rev.8-L5-2016)13
14,16. JuRlsDtcrloN & Veruur. ln the event that any action is brought to enforce any provÌsion of this
Master Contract, the parties agree to submit to exclusive in personam jurisdiction in
Thurston County Superior Court for the State of Washington and agree that in any such
action venue shall lie exclusively at OIympia, Washington.
14.17. AÏron¡:¡vs'FEEs, Should any legal action or proceeding be commenced by either party ín
order to enforce thís Master Contract or any provisÍon hereof, or in connection with any
alleged dispute, breach, default, or misrepresentation in cc¡nnection with any provision
herein contained, the prevailÍng party shall be entitled to recover reasonable attorneys' fees
and costs íncurred ín connection with such action or proceeding, including costs of pursuing
or defending any legal action, including, without limitation, any appeal, discovery or
negot¡ation and preparatíon of settlement arrangements, in additíon to such other rellef as
may be granted.
L4.L8. FAÍR coNsrRucloN & INTERPRFrATToN. The provisions of this Master contract shall be
construed as a whole according to their common meaning and not strictly for or against any
party and consistent with the provisions contained hereín in order to achieve the objectives
and purposes of this Master Contract. Êach party hereto and its counsel has reviewed and
revised thís Master Contract and agrees that the normal rules of construction to the eflect
that any ambiguities are to be resolved against the drafting parry shall not be cons-trued in
the interpretation of thís Master Contract. Each term and provision of this Master Contract
to be performed by either party shall be construed to be both a covenant and a condition.
L4.L9. FURTHER AssuRANcEs. ln addition to the actions specifically mentioned in this Master
Contract/ the parties shall each do whatever may reasonably be necessary to accomplish the
transactions contempiated in this Master contract including, without limitation, executing
any additional documents reasonably necessary to effectuate the provisions and purposes
of this Master Contract.
74,20. ExHlBlrs, All exhibits referred to herein are deemed to be incorporated in this Master
Contract ín their entirety.
14.21. CAPrloNs & Hr¡olrues. The captions and headings Ín this Master Contract are for convenience
only and are not intended to, and shall not be construed to, limit, enlarge, or affect the
scope or intent of this Master Contract northe meaning of any provisions hereof.
L4-?,2. Et-EcrRorulc StGNAruREs. A s¡gned copy of this Master contract or any other ancillary
agreement transmitted by facsimile, email, or other means of electronic transmissÌon shall
be deemed to have the same legal effect as delivery of an original executed copy of this
Master Contract or such other ancillary agreement for all purposes.
MASTER CONTRACT No. 02616 - AlvrvluNlrror,l
{Rev.8-15-2016)t4
1'4.23. CourureRpnRts. This Master Contract may be executed ïn any number of counterparts, each
of which shall be deemed an original and all of which counterparts together shall constitute
the same instrument which may be sufficiently evidenced by one counterpart. Execution of
this Master Contract at different times and places by the parties shall not affect the validity
thereof so long as all the parties hereto execute a countêrpart of this Master Contract.
ExEcurEÞ as of the date and year first above written
SrRr¡ or Wmxl¡¡eror,¡
Depa rtrnent of Enterprise Services
By:/4e[,aniø Lvi[Ltaws
Melanie Williams
Contracts Specialist
Doouy ErwrRpRtsEs, ltrc.,
a California Corporation
Chris Doo
Vice PIts:
By:
Its:
MRSTTR CONTRACT NO. 02616 - AMMUNITION
(Rev- 8-15-2016)
-
15
EXHIBIT AINcLUDED Gooos/PnrcrrueDelivery(ARo)7-907-907-907-907-907-907-907-907-907-907-907-907-907-907-907-907-907-907-907-947-907-907-90Price PerCase$g+.+e$tt+.zt$g+.+eSr:z.azSfl4.sa$r¡+.Es$174.505t4e.22S176.so$14B.so$rro.oz$rrz.Es5142.72$14s.so$rar.oo$r.40.70$so.10$134.s0s167.16$2o9.oo$tts.tz$186.L2$249.s0Roundsper Case500500500500500s00s00500500500500500500500s00500200500500500500500s00Weight(Grain)1L51L51241241241,47L47L25165L65165180L80L80180185185230230230230230125Caliber9MM9MM9MM9MM9MM9MM9MM3BS..40.44.40.4040.40.4445.45.45.45.454545357 SrGBullet StyleFull MetalJacketHollow PointFull MetalJacketHollow Point +PTactical+PJacketed Hollow PointG2Hollow PointBonded Jacketed Hollow PointLead SlugHollow PointFull Metaf JacketFull MetalJacketHollow PoíntJacketed Hollow PointBonded EncapsulatedFull metalJacketHolfow PointFull MetalJacketHollow PointBonded Hollow PointJacketed Hollow PointTactical+PBonded, Jacketed HollowPointProduct CodeQ4772USAgJHPUSA9MMRA9124TPRAgBARA9TRAgBX3857PHRA4OBARA4OTAUSA4OSWQ4238RA4O].8OHPRA4OTRA4OBUSA45AX45ASHP2Q4170USA45JHPRA45BRA45TRA45TPRA357SBProduct NameUSA FMJUSA JHPUSA FMJRanger T-Series +PRanger Bonded JHP+PRanger T-SeriesRanger Bonded JHPSuper-X IHP +PRanger Bonded JHPRanger T-SeriesUSA FMJUSA FMJRanger Subsonic IHPRanger T-SeriesRangerT-Series +PRanger Bonded JHPUSA FMJSuper-X Silvert¡p HPUSA FMJUSA JHPRanger Bonded JHPRanger T-SeriesRanger Bonded JHPManufacturerWinchesterWinchesterWinchestery'r'inchesterWinchesterWinchesterWinchesterWinchesterWinchesterWinchesterWinchesterWínchesterWinchesterWinchesterWinchesterWinchesterWinchesterWinchesterWinchesterWinchesterWinchesterWinchesterWinchesterCATEGORY A - HanAmmunition1,2345678I101.LL2131.4.151617r.8L9zo272232M¡srgR ComR¡cT No.02616 - Annn¡ururror'¡(Rev. 8-1s-2016)L6
CATEGORY A - Handgun ArnmunitionDelívery{ARO}7-go7-907-947-9A7-907-907-907-947-9û7-947-907-907-907-907-947-947-947-907-90Prîce PerCase5234.s0$18s.66S1s7.23Szzq.soSi.2i..60s116.36s184.06Sgg.ge$roz.q.e$no.gs$r¡s.zz5127.tt$ze+.so$126.1_1_$tz+.tzSz82.oo$rsg.rz$rsa.so$1e4.soRoundsper Case500500500500500500500500s00500500500s00500500500500500s00Weight(Grain!125125L5B9995901001l_5L24I47L25L20135L65L80L75230L25L25Caliber3s7 SrG357 M357 M3803809MM9MM9MM9MM9MM.38.40.44.40.40.45.45357 M357 StGBullet StyleHollow PointHollow PointHollow PointJacketed Hollow PointTotal Metal JacketFull Metal Jacket Zinc Core,Lead FreeFrangible Lead FreeLead Free Primer, BrassEnclosed BaseLead Free Primer, BrassEnclosed BaseLead Free Primer, ErassEnclosed BaseLead Free Prirner, BrassEnclosed BaseFull MetalJacket Zinc Core,Lead FreeFrangible Lead FreeLead Free Prímer, BrassEnclosed BaseLead Free Primer, BrassEnclosed BaseFrangible Lead FreeLead Free Primer, BrassEnclosed BaseLead Free Primer, BrassEnclosed BaseLead Free Primer, BrassEnclosed BaseProduct CodeRA357SIGTx3576Px3574PRA38OTQ4206W9MMLFRA9SFWCg1WCg2wcg3WC3B1l,V40SWLFRA4OSFwc401wc402RA455FWC452wc3571wc3sTsrGProduct NameRanger T-SeriesSuper-X JHPSuper-X jHPRanger T-SeriesUSA FMJSuperClean Zinc FMJLead FreeRanger Frangible SFWinCleanWinCleanWinCleanWinCleanSuperClean Zinc FMJLead FreeRanger Franeible SFWinCleanWinCleanRanger Frangible SFWinCleanWinCleanWinCleanManufacturerWinchesterWinchesterWinchesterWinchesterWínchesterWînchesterWlnchesterWinchesterWinchesterWinchesterWinchesterWinchesterWinchesterWinchesterWinchesterWinchesterWinchesterWinchesterWinchester24252627282930313233343536373839404L42MASTER CoNTRACT No,02616 . AMMUN¡TIoN(Rev.8-L5-2016)L7
Delivery7-907-9A7-947-907-907-907-907-907-907-907-90Price PerCaseS124.so5r¡o.ooSr_2s.23S rs+.so$rro.so$ 121.00$sa.roS132.62$1,r7.32$1_81_.62Roundsper Case500s00200500500s00500500500500500Weight100959s1301301471,47\24L77LL590Caliber357 StG38038038S38S9MM9MM9MM9MM9MM9MMBullet StylebleNon-ToxicLead Free Primer, BrassEnclosed BaseJacketed Hollow Point BondedFull Metal JacketJacketed Hollow Point BondedFull MetalJacketJacl<eted Hollow PointFull Metal Jacket NATOJacketed Hollow PoÍnt +P+Jacketed Hollow Point +ple Lead Free "Green"FraProduct CodeRA357SSFwc3B0153SOPDBQ4T7IRA38BUSAgMMl-USAgJIJP2R4912,4NRA9TARA9115HP+RAgSFI-Product Nameble SFRangerWinCleanPDXL DefenderBonded JHPUSA FMJRanger Bonded JHPUSA FMJLJSA.]HPRarrger NATO Fl''lJr T-Series +P+RaJHP +P+Raíble SFRanger FraManufacturerWinchesterWinchesterWinchesterWinchesterWìnchesterWln c he ste r\^,/lnchesterViinchesterWinchesterWinchesterWinchesterndgun AmmunitionCATEGORY A- Ha434445464748AO51s253qnDelivery7-907-907-907-907-907-907-907-907-947-90Price PerC.ase5100.26S14z.ooSroo.zes67s.00$13e.6673.80Si.ss.oo$rrs.soRoundsr Case20020010002001000200200200200200Weight55555564641501s0L681.6855Caliber223223223.223.223308308308.308.223Bullet StylePointed Soft PointBallistic TipFull MetalJacketJacketed Soft PointBonded Solid BaseBallisticBoat TailFull MetalJacBoat Tail HollowBallistic TiJacketed Soft Point FrangibleProduct CodeRA223RRAz23BSTAQ3131RA223R2RAs56BR43085USA3O81s308MsBsr308ARA223SFProduct NameRanger Pointed SoftPointRanger BallisticSilvertiUSA FMIRanger PowerPointRanger BondedSolid BasePowerPointRaUSA FMJMatch BTHPBallistíc SilvertSFrRaMa nufacturerWínchesterWinchesterWinchesterWinchesterWinchesterWinchesterWinchesterWinchesterWinchesterWinchesterCATEGORY B - Rifle Ammunirion12345678I10MASTER CoNTRAST No.02616 - AMMUNTnoN(Rev, 8-15-2016)18
DelÍvery7-947-907-947-907-90Price PerCaseS13s.zos683.22s389.00$+zr.ooSseo.oo200RoundsCase100010001000L000Weíghtraln6977625062Caliber223223223223223Bullet StyleBoat Taíl Hollow PointBoat Tail Hollow PointFull Metal lacketFull MetalJacket NATOJacketed Frangible Lead Free"G reen"Product CodeRA223MRA556MUSAz23R3R4556M855KUSA556JFProduct NameMatch BTHPMatch BTHPr PenetratorRaJacketed FrangíbleUSA FMJManufacturerWinchesterWinchesterWinchesterWinchesterWinchesterCATEGORY B - Rifle Ammun¡tion1LTZL3L4L5CATEGORY C - Shotgun AmmunitionDelivery(ARo)7-907-907-907-907-907-907-907-907-947-947-947-907-90Price PerCaseSttz.ts$rrs.so$oz.zsSr"23.so$rrr.n$rr¿.sr$163.00$r¿s.ars62,2s$62.00$rrs.srs372.6s52s6.esRou ndsper Case2502s0250250250250250250zsa250250250250PelletCount9I927I9Caliber1-2 Gauge,2Y""1"2 Gauge,2 /""72Gauge,2Y;"tZGauge,l"72Gauee,Z%1-2 Gauget2Gauge,2/i'tZGauge,2/o"LZGauge,27a"!2Gauge,2a/o"L2Gauge,2/e"12 Gauge,23/o"L2 Gauge,2T""Bullet Style00 Buck ShotHollow Point, RifledSlug#7.5 Bird ShotSlug, Duty, Practice0O Buck Shot0O Buck Shot#4 Buck ShotRifled Slug#8 Shot#7.5 Shot Heavy0O BuckshotFrangíble Lead FreeSlug "Green"Frangíble Lead Free 00Product CodeRAI_200RA12RS15TRGT]-27x12R5r_5RA12008RAl2OOHD><8124RA1.2RS1-5STRGT128TRGT].2M7x81200RAl2RSSFRAl2OOSFProduct NameRanger Lorry RecoilRanger Low RecoilSlugSuper-Target TargetLoadsSuper-X StandardSlugRanger Low RecoilRanger StandardSuper-X #4 BuckRanger SegmentingSlugSuper-Target TargetLoadsSuper-Target TargetLoadSuper-X StandardRanger Frangible SFSlugRanger Frangible SFMa nufactu rerWinchesterWinchesterWinchesterW¡nchesterWinchesterWinchesterWínchesterWinchesterWinchesterWinchesterWinchesterWínchesterWinchestert-2I4567BI1_011L213MASTER CoNTRAGT No, 02616 - AMMUNfTIoN(Rev, 8-15-2016)19
Delivery(ARO)7-907-90Price PerCase$t+.qo$tq.+oRoundsper Case250250PelletCountCaliberL7Gauge,2%"t2Gauge,2sÁ"Bullet StyleBuckshot "Green"#7.5 Shot#8 ShotProduct CodeAAL2744128Product NameAA Target LoadAA Target LoadManufacturerWinchesterWinchesterCATEGORYC-Ammunitiont4L5Just in Time Delivery (2-7 Days)Shippìng lvill be charged as a separate line item on the invoice reflectingactual shipping charges.MASTER CoNTRACT No,026T6 - AMMUNITIoN(Rev,8-1s-2016)20
EXHIBIT B
SpgclHc¡lorus
Specification
L All products bid will include descriptíve flíers or catalogs describing how the product Ís equal in
quality, function and performance to specifications.
2. All products bid wlll include descriptive literature for practical use applications.
3. All bids will include documentation that products meet the SportÍng Arms and Manufacture/s
lnstitute (SAAMI) or NATO specifications.
4. All ammunition must be guaranteed free from defects in workmanship and materials wíthout
limitation.
5 Ammunít¡on that does not perform to specifìcations and standards will be refunded or replaced Ín
full.
6. Bidder shall provide a current, dated, signed authorization from the manufacturer that the bidder ís
an authorized distributo r.
7. Allammunition shall be lactory new, no reloaded or remanufactured ammunition shall be allowed-
I After receÍpt of order (ARo) delivery is to be a maximum of 90 days on all orders
9.Delivery will be Free on Board (FOB) Destination, prepaíd and included for orders of 5 cases or
more
10. Freightchargesmay'beacJdedasaseparatelineitemfororderslessthan5cases.
11. Contractor will provide as much notice as possible to the Contract Administrator when issues occur,
which are out of theír control, but that will impact supply and demand and delívery.
12. lf Contractor is unable to fulfill an order due to issues identified above, a replacement product
equal in price and performance may be substituted. Replacement products must be approved in
advance by the Contract AdmÍnístrator.
MASTER CoNTRAST No. 02616 -AMMUNtIoN
(Rev" 8-1s-20¿61 z!
ExHralT C
I r'lsuRru'¡ce REeu tREMENTS
1'. lNsuRANcE OBucATtoN. During the Term of this Master Contract, Contractor obtain and maintain
in full force and effect, at Contractor/s sole expense, the following insurance coverages:
a. Co|urRctnr GerueRRL- LlnatLlw lr.¡suRRt'¡cr. Commercial Generaf Liabílity lnsurance (and, if
necessary, commercial umbrella liabîlíty insurance) covering Bodily lnjury and Propefi
Damage on an'occurrence form'in the amount of not less than $t,000,000 per
occurrence and $2,000,000 general aggregate. This coverage shall include Contractual
LÍability insurance for the Índemnity provided underthis Master Contract.
The limits of all insurance required to be provided by Contractor shall be no less than the
minìmum amounts specified. Coverage in the amounts of these minimum limíts, however, shall
not be construed to relíeve Contractor from liability in excess of such limits.
A cross-liability clause ôrseparation of insured condition shall be included in allgeneralliabilit¡
professional liability, pollutíon, and errors and omissions policies required by thís Master
Contract-
2. lNsuRANcE CARRIER Rnrl¡,¡e . Coverages provided by the Contractor must be unde¡rvritten by an
ínsurance company deemed acceptable to the State of Washington's Office of Risk
Management. lnsurance coverage shall be provided by cornpanies authorized to do business
within the State of Washington and rated A- Class Vll or better in the most recently publÌshed
edition of Best's lnsurance Rating. Ënterprise Seruices reserves the right to reject all or any
insurance carrier(s) rryÌth an unacceptable financial rat¡ng.
3. Aoolnorum lNsuRED. Except for Works' Compensation, Professional Liability, personal
Automobile Liability, and Pollution Liability lnsurance, all required insurance shall Ínclude the
State of Washington and all authorized Purchasers (and their agents, officers, and employees)as
an Additional lnsureds evidenced by copy of the Add¡tional lnsured Endorsement attached to
the Certificate of lnsurance on such insurance policies.
4. CERT¡FICATE oF lNsuRANcE. Upon request by Enterprise Services, Contractor shall furnish to
Enterprise Services, as evidence of the ínsurance coverage required by this Master Contract, a
certificate of Ínsurance satisfactory to Enterprise Services that insurance, ín the above-stated
kinds and minÍmum amounts, has been secured. A renewal cerlificate shall be delivered to
Enterprise Services no less than ten (10) days prior to coverage expiration. Faílure to provide
proofof insurance,asrequircd,wíll resultíncontractcancellatÍon. All policiesandcertifícatesof
insurance shall include the Master Contract number stated on the cover of this Master Contract.
5. Pnl¡¡¡Ry CovERAGE. Contractor's insurance shall appllr as prímary and shall not seek contribution
from any insurance or self-insurance maintained by, or provided to, the additional insureds
listed above including, at a minimurn, the State of Washington and/or any purchaser. All
insurance or self-insurance of the State of Washington and/or Purchasers shall be excess of any
insurance provÍded by Contr-actor or subcontractors.
6, SuecorltnAcroRs. Contractor shall Ìnclude all subcontractors as insureds under all required
insurance policies, or shall furnish separate Certificates of lnsurance and endorsements for each
Mnsr¡R Corurnnct No. 02616 - AMMtiNtlcN
(Rev.8-15-2016)22
subcontractor. Each subcontractor must comply fully with all insurance requirements stated
herein. Failure of any subcontractor to comply with insurance requirements does not lim¡t
Contracto/s liability or responsîbility.
7. W¡¡v¡R oF suBRoGAloN. Contractor waives all rights of subrogation against the State of
Washington and any Purchaser for the recovery of damages to the extent such damages are or
would be covered by the insurance specified herein.
8.NorlcE or CH¡rrler oR CR¡¿c¡luloru. There shall be no cancellation, material change, exhaustion
of aggregate limits, or intent not to renew insurance coverage, either in whole or in part,
without at least síxty (60) days prior written Legal Notice by Contractor to Enterprise Services.
Failure to provide such notice, as required, shall constitute default by Contractor. Any such
written notice shall include the Master Contract number stated on the cover of this Master
Contract.
MnsT¡R Corurnacr No. 026L6 - AN¡Mu¡rrrloru
(Rev. &15-2016)23