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HomeMy WebLinkAboutCAG2017-0351 - Original - Proforce Law Enforement - Master Contract No.02616 Ammunition by and between State of WA Dept. of Enterprise Services - 07/01/2017a Washington State Department of Enterprise Seryíces Contract 02616 Ammun ition Pricing & Ordering for Proforce Law Enforcement Version 2 Effective 711117 Adjusting pricing for vendor management fee Ordering lnstructions DES Gontract Specialist: Melanie Williams Phone: (360) 407-9399 E-mail: Melanie.Williams@des.wa.gov Contractor:Proforce Marketing, lnc. Dba Proforce Law Enforcement 3009 N Highway 89 Prescott, AZ 86301 Ordering Contact:Trish Fieldson Phone:844-899-1702 Email:Tris h.f ieldson(Oproforceon I i ne. com Credit Card acceptance: None. Minimum orders:5 Cases Delivery time:90 Days After Receipt of Order (ARO) Payment terms Net 30 days Shipping Free on Board (FOB) destination Page 1 of 4 &Ëïiiäiþiíiä'#ff¡L'Contract 0261 6 AmmunitionPr:icing & Ordering for Proforce Law EnforcementVersion 2 Effective 711117 Adjusting pricing for vendor management fee90909090909090909090909090909090909090Delivery(ARo)909090$98.68$138.55$188.93$188.93$1 28.1 5$145.60$145.60$188.93$182.90$188.93$131 .98$138.55$189.39$164.83$116.10$172.50$140.06$188.e3$1 28.1 5$182.90PricePerGase$98.68$116.10500500500500500500500500500500500500500500500500500RoundsperGase500500500s00500230180180185l85200230230124147125165165165165165180115115124124124Weight(Grain).4545.4545454040404040.459MM9MM9MM9MMEMM38S4040.40Caliber9MM9MMHollow PointFull Metal JacketJacketed Hollow PointBonded EulatedFull Metal JacketHollow PointHollow Point +PFull Metal JacketTotal Metal JacketTotal Metal JacketJacketed Hollow PointHollow PointBonded Jacketed Hollow PointLead SluqHollow PointTotal Metal Jacket or BrassEnclosed BaseFull MetalJacketJacketed Hollow PointFull Metal JacketTotal Metal Jacket or BrassEnclosed BaseFull Metal JacketBonded Hollow PointHollow Point +PBullet StyleL45AP1L45AP4L45AP4GS4SAPBBGS4SAPBBGS4OSWABL4OSW3GS4OSWBBGS4OSWBBGS45APCBGSB4OSWBGS4SAPCBL9MM2GS89MMDG59MMDBL9MM2GS9MMCBGS3SSBBGSB4OSWAL4OSW4ProductCodeL9MM3L9MM3ReminqtonReminqtonReminqtonReminqtonRemingtonReminqtonRemingtonRemingtonReminqtonReminqtonReminqtonReminqtonRemingtonReminqtonRemingtonReminqtonReminqtonReminqtonReminqtonRemingtonManufacturerRemingtonRemington2214151671I1I1202167II0111213112345CATEGonrttnuAmmnudHanAORYPage 2 ø Washington State Department of Enterprise Services Gontract 02616 Ammu n ition Pricing & Ordering for Proforce Law Enforcement Version 2 Effective 711117 Adjusting pricing for vendor management fee Orderin lnstructions DES Contract Specialist: Melanie Williams Phone: (360) 407-9399 E-mail : Melanie.Williams(ôdes.wa.qov Gontractor:Proforce Marketing, lnc. Dba Proforce Law Enforcement 3009 N Highway 89 Prescott, AZ 86301 Ordering Contact:Trish Fieldson Phone:844-899-1702 Email:Trish.fieldson@ proforceon I ine. com Gredit Card acceptance: None Minimum orders 5 Cases Delivery time 90 Days After Receipt of Order (ARO) Payment terms:Net 30 days Shipping Free on Board (FOB) destination Page I of 4 &Enterprise ServicesWashington State Department ofContract 02616 AmmunitionPricing & Ordering for Proforce Law EnforcementVersion 2 Effective 7t1117 Adjusting pricing for vendor management fee909090909090909090909090909090909090Delivery(ARo)90909090$182.90$188.93$131.e8$138.55$138.55$188.93$188.93$189.39$164.83$r 16.10$172.50$140.06$188.93$1 28.1 5$182.90$128.15$145.60$145.60$188.93PricePerCase$e8.68$98.68$116.10500500500500500500500500500500500500500500500500500RoundsperGase500500500500500185200230230230165165165165180180180185Weight(Grain)11511512412412412414712516540.40.444545454545459MM9MM9MM9MM9MM38S404040.40.40Galiber9MM9MMHollow PointHollow Point +PFull MetalJacketTotal Metal JacketHollow PointHollow PointBonded Jacketed Hollow PointLead SluqHollow PointTotal Metal Jacket or BrassEnclosed BaseFull Metal JacketJacketed Hollow PointFull Metal JacketJacketed Hollow PointBonded EncapsulatedFull Metal JacketBullet StyleFull Metal JacketTotal Metal Jacket or BrassEnclosed BaseFull Metal JacketBonded Hollow PointHollow Point +PTotal Metal JacketJacketed Hollow PointGS4OSWBBGS4OSWBBGS4sAPCBGSB4OSWBGS4SAPCBL45AP1L45AP4L45AP4GS45APBBGS4SAPBBL9MM2GS89MMDG59MMDBL9MM2GS9MMCBGS3SSBBGSB4OSWAL4OSW4GS4OSWABL4OSW3ProductCodeL9MM3LgMM3RemingtonReminqtonReminqtonReminqtonRemingtonRemingtonReminqtonReminqtonReminqtonRemingtonRemingtonReminqtonRemingtonReminqtonReminqtonReminqtonRemingtonRemingtonReminqtonRemingtonReminqtonManufacturerReminqtonI11920122267Bo101112314I516171CATEGORY A - Hanun Ammunition12345Page 2 øWashington State Department ofEnterpríse SeryÍcesContract 02616 AmmunitionPricing & Ordering for Ultimate Training Munitions, lncDelivery(ARo)90909090909o90909090909090$201.52PricePerCase$167.02$159.91$181 .81$147.86$147.86$147.86$169.76$148.41$148.41$226.71$251.90$120.91RoundsperGase500500500500500500500500500500500500500Weight(Grain)12515810011512414712512513518015518595Caliber357SIG357 M9MM9MM9MM9MM38.4040404545380Bullet StyleBonded, Jacketed Hollow PointHollow PointFrangible Lead FreeLead Free Primer, BrassEnclosed BaseLead Free Primer, BrassEnclosed BaseLead Free Primer, BrassEnclosed BaseLead Free Primer, BrassEnclosed BaseFrangible Lead FreeFrangible Lead FreeLead Free Primer, BrassEnclosed BaseFrangible Lead FreeLead Free Primer, BrassEnclosed BaseLead Free Primer, BrassEnclosed BaseProductGodeGS357MABRTP357M2CTF9MMBLLgMM11LL9MM2LL9MM9LL38S1 7CTF4OSWAFE4OSWlLL4OSWSCTF4sAPALL45AP8LL38OAP2ManufacturerRemingtonRemingtonReminqtonRemingtonRemingtonRemingtonRemingtonReminqtonReminqtonRemingtonReminqtonRemingtonRemingtonCATEGORY A - Hun Ammunition23242526272829301332333435Page 3 of 4 øËñiäiöiËä'óäfr'¡L'Contract 02616 Amm u n itionPricing & ordering for ultimate Training Munitions, lnc9090909090909090Delivery(ARo)142.37PricePerCase73.81102.95103.500.24180.99132.80200200500200500500500200RoundsperCase555555621501685555Weight(Grain)223.223Caliber.223223223223308308Pointed SoftBoat TailFull Metal JBallistic ïiBonded Soft PointBoat TailFull Metal JBoat Tail HollowJacketedibleFBullet StyleLF223R5BProductGodeR223R1PRA223RBPRA223RCPRC223R41308W4RM3O8W7RemiRemManufacturerReminReminRemiRemiReminRemin4567ICATEGORYB-RifleAmmunition12390Delivery(ARo)9090909090$72.29$127.32s127.32$115.91Price PerGase$70.64$1 15.91250RoundsperCase250250250250250PelletGountI27Caliber12 Gauge 2-314"12 Gauge, 1"12 Gauqe 2-112"12 Gauqe 2^314"12 Gauge 2-314"12 Gauge 2-314'Bullet Style#7.5 Bird ShotSluq, Duty, Practice00 Buck Shot#4 Buck ShotRifled Sluq#8 ShotProductCodeGC127SPl2RSBRR12880012B,4SPl2RSBGC128RemingtonReminqtonManufacturerReminqtonReminqtonRemingtonReminqton23456CATEGORY C - Shun Ammunition1Page 4 of 4 øWashington State Depanment ofEnterprise kryicesGontract 0261 6 AmmunitionPricing & Ordering for Ultimate Training Munitions, Inc.Delivery(ARo)90909090909090909090909090$148.41PricePerCase$167.02$159.91$181 .81$147.86$147.86$147.86$169.76s201.52$148.41s226.71$251.90$120.91RoundsperGase500500500500500500500500500500500500500Weight(Grain)12515810011512414712512513518015518595Galiber357SIG357 M9MM9MM9MM9MM384040.4045.45380Bullet StyleBonded, Jacketed Hollow PointHollow PointFrangible Lead FreeLead Free Primer, BrassEnclosed BaseLead Free Primer, BrassEnclosed BaseLead Free Primer, BrassEnclosed BaseLead Free Primer, BrassEnclosed BaseFrangible Lead FreeFranqible Lead FreeLead Free Primer, BrassEnclosed BaseFrangible Lead FreeLead Free Primer, BrassEnclosed BaseLead Free Primer, BrassEnclosed BaseProductCodeGS357MABRTP357M2CTFgMMBLLgMM11LL9MM2LL9MM9LL38S1 7CTF4OSWAFE4OSWlLL4OSWSCTF4SAPALL45AP8LL38OAP2ManufacturerRemingtonRemingtonReminqtonRemingtonRemingtonRemingtonRemingtonReminqtonReminqtonRemingtonReminqtonRemingtonRemingtonGATEGORY A - Hun Ammunition23242526272829301332333435Page 3 of 4 øËiìîä'p'iiä'#i:{¡å",Contract 0261 6 AmmunitionPricing & ordering for ultimate Training Munitions, lnc.90909090909090Delivery(ARo)90102.95103.50142.37.24342.26180.99132.80PricePerCase$73.81200500500500200perGaseRounds2002005001685555Weight(Grain)55555562150.223.223.223.223308308223223GaliberBoat TailFull MetalJacketBoat Tail Hollow TiJacketedbleBullet StyleintPointed SoftBoat TailFull MetalBallistic TiBonded Soft PointR223R1PRA223RBPRA223RCPRC223R41308W4RM3O8W7LF223R5BProductCodeRemRemRemReminReminReminRemiRemiManufacturerIGATEGORY B - Rifle Ammunition123456790909090Delivery(ARo)9090$70.64$1 15.91$127.32$127.32$1 15.91$72.29Price PerGase250250250250250RoundsperCase25027PelletCountI12 Gauge 2-314"Caliber12 Gauqe 2-314"12 Gauge,1"12 Gauge 2-112"12 Gauge 2-314'12 Gauge 2-314"#8 ShotBullet Style#7.5 Bird ShotSluo. Dutv, Practice00 Buck Shot#4 Buck ShotRifled SlusSPl2RSBGC128ProductGodeGC127SPl2RSBRR12880012B4ReminqtonRemingtonReminqtonReminqtonReminqtonRemingtonManufacturerCATEGORY G -Ammunition123456Page 4 of 4 MasrrR Co¡¡rRacr No.02616 Arvlvlutr¡1floru For Use by Eligible Purchasers By and Between Srnr¡ or WASHINGToN DepeRruerur op ErurenpRrse S¡Rvlcrs and PRoFoRcE MARKETING, INc. Dated Janua ry 1,,2017 MmrsR Co¡¡rRlcr No.02616 Arvlutururloru 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 Proforce Marketing, lnc. an Arizona Corporation ("Contractor/') and is dated as of January 'J-,2017. RECITALS A. Pursuant to Legislative direction codified in RCW chapter 39.26, Enterprise Services, on behalf of the State of Washington, is authorized to develop, solicit, and establish master contracts for goods and/or services for general use by Washington state agencies and certain other entities (eligible 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 Ammunition. C. Enterprise Services evaluated all responses to the lnvitation For Bid and identified Contractor as an apparent successful bidder. D. Enterprise Services has determined that entering 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 herein. AGREEMENT NowTHEREFoRe, in consideration of the mutual promises, covenants, and conditions set forth herein, the parties hereto hereby agree as follows: 1. Te nru. The term of this Master Contract is fixed for seventy-two (72) months commencing January L, 2017 and ending December 31,2023. 2. EL¡G¡BLE PuRcHAsERs. This Master Contract may be utilized by any of the following types of entities ("Purchaser"): 21' *ASH NGToN;îi:,1ï':,,Ï'i::::ï":ïili:,:',:Ïi::,:'.,u,,,on,, boards, and commission; and Any of the following institutions of higher education: state universities, regional universities, state college, community colleges, and technical colleges. 2.2. MCUA PARIES. This Master Contract also may be utilized by any of the following types of en"esT";ïïi"::::ii,::i1:i:'::i;lji:::::1ï"";'iT::J:,''ï;,i'':ì;,,,, d istricts); MASTER COrurnnCr NO.02616 - AMMUNITION (Rev. 8-15-2016)2 Federal governmental agencies or entities; Public-benefit nonprofit corporations (i.e., $ 501(cX3) nonprofit corporations that receive federal, state, or local funding); and Federally-recognized lndian Tribes located in the State of Washington. 3. ScopE - INcLUDED GooDs, PRtcE, AND Sp¡crncnlorr¡s. 3.1. CONTRACT Scopr. Pursuant to this Master Contract, Contractor is authorized to sell only those goods and/or services set forth in ExhibitA - tncluded Goods for the prices also set forth in Exhibit A. 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 Exhibit A - lncluded Goods/Services, Goods must conform to the specifications set forth in Exhibit B - Ammunition Specificotions. 3.2. STATE'S ABlLlrY To MoDtFY ScoPE oF MASTER CoNTRAcr. Subject to mutual agreement 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 effective only upon thirty (30) days advance written notice; and Provided further, that any such modification must be within the scope of this Master Contract. 3.3. EcoNoMlc ADJUSTMENT. Pricing will remain firm and fixed for the initial term of the contract. After twenty-four (24) months, the prices set forth in Exhibit I shall be adjusted, based upon the percent changes (whether up or down) in the United States Department of Labor, Bureau of Labor and Statistics (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. All calculations for the index shall be based upon the latest version of final data published as of November each year (preliminary data will not be used). Prices shall be adjusted on February t, 2019 and annually on February L thereafter. lf an index is recoded, and the replacement is a direct substitute according to the BLS, this Contract will instead use the recode. lf an index becomes unavailable, Enterprise Services shallsubstitute a proxy index. lf there is not a direct substitute, the next higher aggregate index available will be used. The economic adjustment shall be calculated as follows: New Price = Old Price x (Current Period tndex/Base period lndex). The following final data from this US BLS index will be inserted in the formula above Small arms ammunition mfg PCU3329923329920 3.4 PRICE CEILING. 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/Services (subject to economic adjustment as set forth herein). MASTER CorurRncr lNFoRMATloN. Enterprise Services shall maintain and provide information regarding this Master contract, including scope and pricing, to eligible purchasers. I I 3.5. MASTER CoNTRACT No, 02616 - AMMUNITIoN (Rev.8-15-2016)3 4. CoNTRAcToR REpRESENTATToNS AND WARRANTIEs. Contractor makes each of the following representations and warranties as of the effective date of this Master Contract and at the time any order is placed pursuant to this Master Contract. 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 notify Enterprise Services, in writing, of such breach. 4.1. Queurlroro Do BustNEss. Contractor represents and warrants that it is in good standing and qualified to do business 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. Susprr.¡sloru & Drs¡nvrlvr. Contractor represents and warrants that neither it nor its principals or affiliates presently are debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any governmental contract by any governmental department or agency within the United States. 4.3. Qu¡ltry oF GooDS oR SERVTcES. Contractor represents and warrants that any goods and/or services sold pursuant to this Master Contract shall be merchantable, shall conform to this Master Contract and Purchaser's Purchase Order, shall be fit and safe for the intended purposes, shall be free from defects in materials and workmanship, 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 infringe any third party patent. Upon breach of warranty, Contractor will repair or replace (at no charge to Purchaser) any goods and/or services 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 addition to any other rights and remedies of the parties provided by law or equity, including, without limitation, actual damages, and, as applicable and awarded under the law, to a prevailing party, reasonable attorneys' fees and costs. 4.4. PRocuREMENT ETHtcs & PRoHrstrtoN oN GIFTS. Contractor represents and warrants that it complies fully with all applicable procurement ethics restrictions including, but not limited to, restrictions against Contractor providing gifts or anything of economic value, directly or indirectly, to Purchasers' employees. 4.5. WASHTNGT9N'S EL¡cTRoNlc BuStNESs SoLUTToN (WEBS). Contractor represents and warrants that it is registered in Washington's Electronic Business Solution (WEBS), Washington's contract registration system and that, all of its information therein is current and accurate and that throughout the term of this Master Contract, Contractor shall maintain an accurate profile in WEBS. 4.6. Sr¡rrwroE PAvEE DESK. Contractor represents and warrants that it is registered with the Statewide Payee Desk, which registration is a condition to payment. 4.7. M¡strR CoNTRACT PRouoloru; ADVERTTS|NG AND ENDoRSEMENT. Contractor represents and warrants that it shall use commercially reasonable efforts both to promote and market the use of this Master Contract with eligible Purchasers and to ensure that those entities that utilize this Master Contract are eligible Purchasers. Contractor understands and acknowledges that neither Enterprise Services nor Purchasers are endorsing Contractor's goods and/or services or suggesting that such goods and/or services are the best or only MASTER CONTRACT NO. 02616 - AMMUNITION (Rev. 8-15-2016)4 4.8. solution to their needs. Accordingly, Contractor represents and warrants that it shall make no reference to Enterprise Services, any Purchaser, or the State of Washington in any promotional material without the prior written consent of Enterprise Services. MASTER Corurnncr TRANstloN. Contractor represents and warrants that, in the event this Master Contract or a similar contract, is transitioned to another contractor (e.g., Master Contract expiration or termination), Contractor shall use commercially reasonable efforts to assist Enterprise Services for a period of sixty (60) days to effectuate a smooth transition to another contractor to minimize disruption of service and/or costs to the State of Washington 5. UsrNG rHE Mnsren CourRncr- PuRcHAsEs. 5.1". ORDERING REQUIREMENTS. Eligible Purchasers shall order goods and/or services from this Master Contract, consistent with the terms hereof and by using any ordering mechanism agreeable both to Contractor and Purchaser but, at a minimum, including the use of a purchase order. When practicable, Contractor 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 R¡QutnEve rurs. Contractor must ensure that delivery of goods and/or services will be made as required by this Master Contract, the Purchase Order used by Purchasers, or as otherwise mutually agreed in writing between the Purchaser and Contractor. The following apply to all deliveries: (a) Contractor shall make all deliveries to the applicable delivery location specified in the Purchase Order. Such delivers shall occur during Purchaser's normal work hours and within the time period mutually agreed in writing between Purchaser and Contractor at the time of order placement. (b) Contractor shall ship all goods and/or services purchased pursuant to this Master Contract, freight charges prepaid by Contractor, FOB purchaser's specified destination with all transportation and handling charges included. contractor shall bear all risk of loss, damage, or destruction of the goods and/or services ordered hereunder that occurs prior to delivery, except loss or damage attributable to Purchaser's fault or negligence. (c) All packing lists, packages, instruction manuals, correspondence, shipping notices, shipping containers, and other written materials associated with this Master Contract shall be identified by the Master Contract number set forth on the cover of this Master Contract and the applicable Purchaser's Purchase Order number. Packing lists shall be enclosed with each shipment and clearly identify all contents and any backorders. 5.3. REcEIPT nruo lrusp¡cttoru or Gooos AND/oR SERVrcEs. Goods and/or services purchased under this Master Contract are subject to Purchaser'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 this Master Contract and Purchaser's Purchase Order. Purchaser may charge Contractor for the cost of inspecting rejected goods. lf there are any apparent defects in the goods and/or services at the time of delivery, Purchaser promptly will notify Contractor. At Purchaser's option, and without limiting any other rights, Purchaser may require Contractor to repair or replace, at Contractor's expense, Mnsrrn CoNTRACT No. 02616 - AMMUNtIoN (Rev. 8-15-2016)5 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 receiving 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 of the goods. O¡¡ Strr Reeulnrvle¡¡rs. While on Purchase/s premises, Contractor, its agents, employees, or subcontractors shall comply, in all respects, with Purchaser's physical, fire, access, or other secu rity requirements. 6. lNVorcrNG & Pnv¡uer.¡r. 6.L. CoNTRAcToR lNVotcE. Contractor shall submit to Purchaser's designated invoicing contact properly itemized 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 Service Representative) (c) Contractor's FederalTaxldentification Number (d) Date(s) of delivery (e) lnvoice amount; and (f) Payment terms, including any available prompt payment discounts. Contractor's invoices for payment shall reflect accurate Master Contract prices. lnvoices will not be processed for payment until receipt of a complete invoice as specified herein. 6.2. PRyv¡rur. Payment is the sole responsibility ol 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 (L%) per month on the amount overdue or a minimum of 51. Payment will not be considered late if a check or warrant is mailed within the time specified. 6.3. OvERpAyMENrs. Contractor promptly shall refund to Purchaser the full amount of any erroneous payment or overpayment. Such refunds shall occur within thirty (30) days of written notice to Contractor; Provided, however, that Purchaser shall have the right 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 (1%) per month on the amount overdue thirty (30) days after notice to the Contractor. 6.4. No ADVANCE PnvuEr,¡r. No advance payments shall be made for any products or services furnished by Contractor pursuant to this Master Contract. 6.5. No ADDtTtoNAL CHARGEs. Unless otherwise specified herein, Contractor shall not include or impose any additional charges including, but not limited to, charges for shipping, handling, or payment Processing. 6.6. Tnx¡s/Fers. Contractor promptly shall pay allapplicable taxes on its operations and activities 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 certificate where appropriate. MASTER CONTRACT NO. 02616 - AMMUNITION (Rev. 8-15-2016)6 7. CoNTRAST MANAGEMENT. 7.7. CONTRACT ADMtNlsrRAloN & NorcES. Except for legal notices, the parties hereby designate the following contract administrators as the respective single points of contact for purposes of this Master Contract. Enterprise Services' contract administrator shall provide Master Contract oversight. Contractor's contract administrator shall be Contractor's principal contact for business actívities under this Master Contract. The parties may change contractor administrators by written notice as set forth below. Any notices required or desired shall be in writing and sent by U.S. mail, postage prepaid, or sent via 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: Melanie Williams Attn: Washington Dept. of Enterprise Services PO Box 41,477 Olympia, WA 98504-141.1 Tel: (360) 407-9399 Tel: (xxx) xxx-xxxx Email: Melanie.Williams@des.wa.eov Email 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. 7.2. Corurnncron Custovlrn SERvlcr RrpRrsErutnlrvE. Contractor shall designate a customer service representative (and inform Enterprise Services of the same) who shall be responsible for addressing Purchaser issues pertaining to this Master Contract. 7.3. LEcnl Norlcrs. Any legalnotices required or desired shallbe in writing and delivered by U.S. certified mail, return receipt requested, postage prepaid, or sent via 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: Legal Services Manager Washington Dept. of Enterprise Services PO Box 4141,L Olympia, WA 98504-1411 Email: greg.tolbert@des.wa.gov Notices shall be deemed effective upon the earlier of receipt when delivered, or, if mailed, upon return receipt, or, if emailed, upon transmission to the designated email address of said addressee. 8. CoNTRAcToR Selss Rsponrrrue; VeruooR MANAGEMENT Fre; & CoNTRAcToR REpoRrs. 8.1. MASTER CoNTRAcT S¡les Rcponrlrue. Contractor shall report total Master Contract sales quarterly to Enterprise Services, as set forth below. (a) Master Contract Sales Reporting System. Contractor shall report quarterly Master Contract sales in Enterprise Services' Master Contract Sales Reporting System. Enterprise Services will provide Contractor with a login password and a M¡srrn CoNrRAcr No.02616 - AMMUNtTtoN (Rev. 8-1s-2016) Attn Email 7 8.2. vendor number. The password and vendor number will be provided to the Sales Reporting Representative(s) listed on Contractor's Bidder Profile. (b) Data. Each sales report must identify every authorized Purchaser by name as it is known to Enterprise Services and its total combined sales amount invoiced during the reporting period (i.e., sales of an entire agency or political subdivision, not its individual subsections), The "Miscellaneous" option may be used only with prior approval by Enterprise Services. Upon request, Contractor shall provide contact information for all authorized purchasers specified 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 submitted electronically by the following deadlines for all sales invoiced during the applicable calendar quarter: Fon CnlsnorR qUARTER ENDTNG MASTER CoNTRACT SALES REPoRT DUE March 31 April30 June 30:july 31 September 30:October 31- December 31:January 3L VEND9R MANAGEMENT Fe E. Contractor shall pay to Enterprise Services a vendor management fee ("VMF") of 0.74 percent on the purchase price for all Master Contract sales (the purchase price is 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 Seruices = 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 invoice unless specifically requested and approved by Enterprise Services. (c) Enterprise Services will invoice Contractor quarterly based on Master Contract sales reported by Contractor. Contractors are not to remit payment until they receive an invoice from Enterprise Services. Contractor's VMF payment to Enterprise Services must reference this Master Contract number, work request number (if applicable), the year and quarter for which the VMF is being remitted, and the Contractor's name as set forth in this Master Contract, if not already included on the face ofthe check. (d) Failure 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 available remedies, the Parties agree that Contractor's failure to remit to Enterprise Services timely payment of the VMF shall obligate Contractor to MASTER CONTRACT NO.0261.6 - AMMUNITION (Rev.8-1s-2016)8 8.3 8.4. pay to Enterprise Services, to offset the administrative and transaction costs incurred by the State to identify, process, and collect such sums the sum of 5200.00 or twenty-five percent (25%l of the outstanding amount, whichever is greater, or the maximum allowed by law, if less. (e) Enterprise Services reserves the right, upon thirty (30) days advance written notice, to increase, reduce, or eliminate the VMF for subsequent purchases, and reserves the right to renegotiate Master Contract pricing with Contractor when any subsequent adjustment of the VMF might justify a change in pricing. AruruuRL Mnsrrn CorurRncr S¡les Rrponr. Contractor shall provide to Enterprise Services a detailed annual Master Contract sales report. Such report shall include, at a minimum: Product description, part number or other Product identifier, per unit quantities sold, and Master Contract price. This report must be provided in an electronic format that can be read by MS Excel. Svlnll Bust¡¡rss lNcLUSloN. Upon Request by Enterprise Services, Contractor shail provide, within thirty (30) days, an Affidavit of Amounts Paid. Such Affidavit of Amounts Paid either shall state, if applicable, that Contractor still 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 this Master Contract. Contractor shall maintain records supporting the Affidavit of Amounts Paid in accordance with this Master Contract's records retention requi rements. 9. REcoRDs RETENTIoN & Auoms. 9.L. REcoRDs RETENTION. Contractor shall maintain books, records, documents, and other evidence pertaining to this Master Contract and orders placed by Purchasers under it to the extent and in such detail as shall adequately reflect performance and administration of payments and fees. Contractor shall retain such records 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 litigation, claim, or audit is commenced prior to the expiration of this period, such period shall extend until all such litigation, claims, or audits have been resolved. 9.2. AuDlr. Enterprise Services reserves the right to audit, 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 Services, any Purchaser, and any other duly authorized agent of a governmental agency, to audit, inspect, examine, copy and/or transcribe Contractor's books, documents, papers and records directly pertinent to this Master Contract or orders placed by a Purchaser under it for the purpose of making audits, examinations, excerpts, and transcriptions. 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 aga¡nst this Master Contract, whichever is later; Provided, however, that if any litigation, claim, oraudit is commenced priorto the expiration of this period, such period shallextend until all such litigation, claims, or audits have been resolved. 9.3. Ov¡Rpavvrrur oF PURCHASES oR UNDERPAYMENT 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 L25% of such MASTER CoNTRACT No, 02616 - AMMUNITIoN (Rev. 8-15-2016)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 a rate of I25% of such fees found as a result of the examination of the Contractor's records (e.9., if Contractor underpays the Vendor Management Fee by 5500, Contractor would be required to pay to Enterprise Services SSOO x 1.25 = $625). 10. INSURANCE. 10.L. REeutRED lNsuRANcE. During the Term of this Master Contract, Contractor, at its expense, shall maintain in full force and effect the insurance coverages set forth in ExhibitC - I nsu ronce Req uireme nts. 10.2. WoRKERs CoMpENsATtoN. Contractor shall comply with applicable workers compensation statutes and regulations (e.g., 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 Department of Labor and lndustries (L&l) rights to collect from Contractor. ln addition, Contractor waives its immunity under RCW Title 51 to the extent it is required to indemnify, defend, and hold harmless the State of Washington and its agencies, officials, agents, or employees. 11. CLArMs. tL.1..AssuMploN oF RtsKS; CLATMS BETWEEN THE PARTTEs. Contractor assumes sole responsibility and all risks of personal injury or property damage to itself and its employees, agents, and Contractors in connection with Contractor'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 Purchaser's property resulting directly or indirectly from its acts or omissions under this Master Contract, even if not attributable to negligence by Contractor or its agents. THTRD-PARTv Cnrvs; lNDEMNrry. To the fullest extent perm¡tted by law, Contractor shall defend, indemnify, and hold harmless Enterprise Services and any Purchaser and their 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 its successors, agents, and subcontractors under this Master Contract, except claims caused solely by Enterprise Services or any Purchasers' negligence. Contractor shall take all steps needed to keep Purchaser's property free of liens arising from Contractor's activities, and promptly obtain or bond the release of any such liens that may be filed. 11..2. 12. DtspurE REsoLUTtoN. The parties shall cooperate to resolve any dispute pertaining to this Master Contract efficiently, as t¡mely as pract¡cable, and at the lowest possible level with authority to resolve such dispute. lf, however, a dispute persists and cannot be resolved, it may be escalated within each organization. ln such situation, upon notice by either party, each party, within five (5) business days shall reduce its description of the dispute to writing and deliver it to the other party. The receiving party then shall have three (3) business days to review and respond in writing. ln the event that the parties cannot then agree on a resolution of the dispute, the parties shall schedule a conference between the respective senior managers of each organization to attempt to resolve the MASTER CoNTRACT NO. 02616 . AMMUNITION (Rev. 8-1s-2016)10 dispute. ln the event the parties cannot agree, either party may resort to court to resolve the dispute. 13. SuspENsrorrr & T¡Rrvl r lrlATtoN; REMEDtES. 13.1. SusPENsloN & TEnvl¡¡nrtoN FoR D¡r¡ulr. Enterprise Services may suspend Contractor's operations under this Master Contract immediately by written cure notice of any default. Suspension shall continue until the default is remedied to Enterprise Services'reasonable satisfaction; Provided, however, that, if after thirty (30) days from such a suspension notice, Contrastor remains in default, Enterprise Services may terminate Contractor's rights under this Master Contract. All of Contractor's obligations to Enterprise Services and Purchasers survive termination of Contractor's rights under this Master Contract, until such obligations have been fulfilled. 13.2. 13.3, 13.4. 13.s. DEFAULT. Each of the following events shall constitute default of th¡s Master Contract by Contractor: (a) Contractor fails to perform or comply with any of the terms or conditions of this Master Contract including, but not limited to, Contractor's obligation to pay contract management fees when due; (b) Contractor breaches any representation or warranty provided herein; or (c) Contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary. REMEDIES FoR DEFAULT, (a) Enterprise Services' rights to suspend and terminate Contractor's rights under this Master Contract are in addition to all other available remedies. (b) ln the event of termination for default, Enterprise Services may exercise any remedy provided by law including, without limitation, the right to procure for all Purchasers replacement goods and/or services. ln such event, Contractor shall be liable to Enterprise Services for damages as authorized by law including, but not limited to, any price difference between the Master Contract price and the replacement or cover price as well as any administrative and/or transaction costs directly related to such replacement procurement - ".9,, the cost of the competitive procurement. LlMlrATloN oN DAMAGES. Notwithstanding any provision to the contrary, the parties agree that in no event shall any party or Purchaser be liable to the other for exemplary or punitive damages. Govrn¡¡ uErr¡rAl TERM I NATtoN. (a) Termination for Withdrawal of Authority. Enterprise Services may suspend or terminate this Master Contract if, during the term hereof, Enterprise Seryices' procurement authority is withdrawn, reduced, or limited such that Enterprise Services, in its judgment, would lack authority to enter into this Master Contract; Provided, however, that such suspension or termination 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 provision, in the event MASTER CONTRACT No. 02616. AMMUNITIoN (Rev. 8-15-2016)11 1"3.6. of such suspension or termination for withdrawal of authority, neither Enterprise Services nor any Purchaser shall have any obligation or liability to Contractor. (b) Termination for Convenience. Enterprise Services, for convenience, may terminate this Master Contrac! Provided, however, that such termination 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 services 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 Purchaser shall have any obligation or liability to Contractor. TERMTNATToN PRocEDURE. Regardless of basis, in the event of suspension or termination (in full or in part), the parties shall cooperate to ensure an orderly and efficient suspension or termination. Accordingly, Contractor shall deliver to Purchasers all goods and/or services that are complete (or with approval from Enterprise 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 inconsistent therewith. 14. GENERAL PROVISIONS. ]'4.L TtME ls oF THt EssENcE. Time is of the essence for each and every provision of this Master Contract. 14.2. CoMeLTANcE wrrH LAW. Contractor shall comply with all applicable law. 1,4.3. lrr¡treRRruo AcREEMENT. This Master Contract constitutes the entire agreement and understanding of the parties with respect to the subject matter and supersedes all prior negotiations, representations, and understandings between them. There are no representations or understandings of any kind not set forth herein. L4.4. AMENDMENT oR MoDrFrcATtoN. Except as set forth herein, this Master Contract may not be amended or modified except in writing and signed by a duly authorized representative of each party hereto. 1,4.5. 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 into this Master Contract and that its execution, delivery, and performance of this Master Contract has been fully authorized and approved, and that no further approvals or consents are required to bind such party. 14.6. NoAGENcy. 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. 14.7. AssrcNMENTs. Contractor may not assign its rights under this Master Contract without 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 MASTER CorurRnCr NO. 02616. AMMUNITION (Rev. 8-1s-2016)a1 1.4.8. L4.9. 14.10. 1.4.I1.. 14.12. L4.13. 1.4.1.4. 14.15. may assign its rights under this 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 interest in the ownership or assets of Contractor. Unless otherwise agreed, Contractor guarantees prompt performance of all obligations under this Master Contract notwithstanding any prior assignment of its rights. Bl¡¡otxe EFFECT; SuccESSoRs & Asstcrus. This Master Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. PuBLlc lNFoRMATloN. This Master Contract and all related documents are subject to public disclosure as required by Washington's Public Records Act, RCW chapter 42.56. Assle l,lvlr¡¡r oF ANT|TRUsr RTGHTS REGARDTNG Puncunsro Gooos/Se nvrcrs. Contractor irrevocably assigns to Enterprise Services, on behalf of the State 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 in Washington for the purpose of carrying out the Contractor's obligations under this Master Contract, including, at Enterprise Services' option, the right to control any such litigation on such claim for relief or cause of action. FrorRnl FuNDs. To the extent 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 requirement or certification that must be satisfied by Contractor at the time the order is placed or upon delivery. SrvrnlstLlrY. lf any provision of this Master Contract is held to be invalid or unenforceable, such provision shall not affect or invalidate the remainder of this Master Contract, and to this end the provisions of this Master Contract are declared to be severable. lf such invalidity becomes known or apparent to the parties, the parties agree to negotiate promptly in good faith in an attempt to amend such provision as nearly as possible to be consistent with the intent of this Master Contract. WAlvER. Failure of either party to insist upon the strict performance of any of the terms and conditions hereol orfailure to exercise any rights or remedies provided herein or by law, or to notify the other party in the event of breach, shall not release the other party 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 as 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, right, condition, or provision hereof shall constitute waiver of any subsequent breach, default, or violation of the same or other term, warranty, rep rese ntation, co ntract, cove na nt, right, co ndition, or provision. SuRvlvnl. All representations, warranties, covenants, agreements, and indemnities set forth in or otherwise made pursuant to this Master Contract shall survive and remain in effect following the expiration or termination of this Master Contract, Provided, however, that nothing herein is intended to extend the survival beyond any applicable statute of limitations periods. GovrRrutrr¡c 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, without regard to its choice of law rules. Mesr¡R Corurnncr No. 02616 - AMMUNtTloN (Rev. 8-15-201-6)1J 1.4.16. 1.4.17. T4,I8. 14.19. 1.4.20. 1,4.21.. 1.4.22. JuRtsDtcloN & VEruuE. ln the event that any action is brought to enforce any provision 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 Olympia, Washington. ArroRru¡vs' Frrs. Should any legal action or proceeding be commenced by either party in order to enforce this Master Contract or any provision hereof, or in connection with any alleged dispute, breach, default, or misrepresentation in connection with any provision herein contained, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs incurred in connection with such action or proceeding, including costs of pursuing or defending any legal action, including, without limitation, any appeal, discovery, or negotiation and preparation of settlement arrangements, in addition to such other relief as may be granted. F¡rn CousrRucloN & lNr¡Rpnrrnrorr¡. 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 herein in order to achieve the objectives and purposes of this Master Contract. Each party hereto and its counsel has reviewed and revised this Master Contract and agrees that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be construed in the interpretation of this 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. FSRTHER 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 contemplated in this Master Contract including, without limitation, executing any additional documents reasonably necessary to effectuate the provisions and purposes of this Master Contract. ExHtBtrs. All exhibits referred to herein are deemed to be incorporated in this Master Contract in their entirety. CAploNs & Hr¡olrues. The captions and headings in 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 nor the meaning of any provisions hereof. ELEstRoNtc Slerunrunrs. A signed copy of this Master Contract or any other ancillary agreement transmitted by facsimile, email, or other means of electronic transmission 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 - AwwIu¡¡lrtoru (Rev. 8-15-2016)74 [4.2]. Ecl¡.'¡t xpnrls. Thir l+la¡ter'(on¡.r,lr"l nrir¡ ba erFcured in ãn'/ nufiìbÉr sl cLrunter:rã.15- Fach cf t¡hich rholl L¡c d:¡.reC an origin¡l attd A'l u'f ,.rhicl:.:ol¡ntçrpãÍf t¡?Sethc.r !h¡llC.ljt5titute the.¡¡-ntn lnstrurenl vihiclrrì¡ul,bE euf¡ci..-rti'iglidenierl h¡ cnê r1:run:irpã,t. Fr+cution uftril t¿l¡¡sl.::¡ f-untruc¡tiliffrrgn:fmÊr and plates hl'the pe:"tieç th,tli n4t all+:t fhe y¡ii6in, t.-ererl-in onÊôsË lth+ ptr'-ics hcrctoEseru;e rçÞt:nter¡âf tûf lh¡e,\,lr5rÉrcFntrilçt, EN¡GuTÐ :¡,.: c.f thp d;.t€ 3:trl i?tr Ílr5t übs.rË..rr jt¡cr. $r*r¡ or tll¡snrusrufl BËpertment of EntÊrFr¡3C Strvirr¡ ß'tclâ 11 ie ltr i lliarns Cantrãqtã 5pEüiff:¡sL h'låiFn Cñh-1,\r-r NC (,¿61ú -A\1ßlu.r "-.:r¡J :lÉþ. E-L¡-7iY nl PßoFol¡cE l¡lÄ'Êtmrc, lßc, tn Arlæd¡ [orporatíon l,l¿laní¿ Wíll,iifrt['!r{¡-o-*'-Gr: Itr: Êt: tts: Tvr,e tianc j¿rf:!,,tû_el l-{4ÉËLftL¡¡ TdE È.S¿ta,.q-''.*. Vr.c¿ Þt+çt¿¡*å t) MASTER CorurRncr No. 02616 - Avllururrro¡r (Rev. 8-15-2016) ExHIBIT AINCLUDED GOODS/PRtCING90909090909090909090909090909090909090909090Delivery(ARo)9090$765.76$158.70s97.94sr15.22$187.96$163.s9$11.5.22s1.77.20$139.00$187.50$127.1.8$181.52$127.r8$144.50$144.50$187.50$181.52$187.50$130.e8$137.50$137.50$187.50$187.50PricePerCase$97.94500500500500500500500500500500500500500500500500500500500500500500perCaseRounds500500\24747125165165165r65165180180180185185200230230230L25158Weight(Grain)115115t241,24L24.45.45357 SIG357 M9MM9MM9MM9MM9MM9MM9MM3BS40.4040.4040.40.4040.4545.45.45CaliberTotal Metal Jacket or BrassEnclosed BaseFull Metal Jacketlacketed Hollow PointFull Metal Jacketlacketed Hollow PointBonded EncapsulatedFull Metal JacketHollow PointHollow Point +PFull Metal JacketTotal Metal JacketHollow PointBonded, Jacketed Hollow PointHollow PointBullet StyleFull Metal JacketTotal Metal Jacket or BrassEnclosed BaseFull Metal JacketBonded Hollow PointHollow Point +PTotal Metal JacketIacketed Hollow PointHollow PointBonded Jacketed Hollow PointLead SlugHollow PointL9MM3L9MM2GSB9MMDG59MMDBL9MM2G59MMCBGS3BSBBGSB4OSWAL4OSW4G54OSWABL4OSW3G54OSWBBGS4OSWBBG545APCBGSB4OSWBGS45APCBL45AP1L45AP4L45AP4GS45APBBGS45APBBGS357MABRTP357M2ProductCodeL9MM3RemingtonRemingtonRemingtonRemingtonReminqtonRemingtonRemingtonRemingtonRemingtonRemingtonRemingtonReminqtonReminstonRemingtonRemingtonRemingtonRemingtonRemingtonRemingtonRemingtonRemingtonRemingtonManufacturerReminstonRemingtonT71BL92027222324CATEGORYA -Ammunition1.234567B910111213141516!-MASTER COruTRNCT NO. 02616 - AMMUNITION(Rev.8-1s-2016)16 90Delivery(ARo)90909090909090909090PricePerCase$180.44$1.46.74$146.74$1.46.74$168.48$200.00$L47.29$147.29$22s.00$250.00$120.00RoundsperCase500500500500500500500500500500500Weight(Grain)1001151241,4712512513518015518595Caliber9MM9MM9MM9MM.38.40.40.4045.45380Bullet StyleFrangible Lead FreeLead Free Primer, Brass EnclosedBaseLead Free Primer, Brass EnclosedBaseLead Free Primer, Brass EnclosedBaseLead Free Primer, Brass EnclosedBaseFrangible Lead FreeFrangible Lead FreeLead Free Primer, Brass EnclosedBaseFrangible Lead FreeLead Free Primer, Brass EnclosedBaseLead Free Primer, Brass EnclosedBaseProductCodeCTF9MMBLL9MM11LL9MM2LL9MM9LL3BS17CTF4OSWAFE4OSWlLL4OSWsCTF4SAPALL4sAPBLL3BOAP2ManufacturerRemingtonRemingtonRemingtonRemingtonRemingtonRemingtonRemingtonRemingtonReminqtonRemingtonRemingtonCATEGORYA -Ammunition2526272829303132333435MASTER CoNTRACT No. 02616 - AMMUNITIoN(Rev. 8-15-2016)17 Delivery9090909090909090Price PerCase73.25SLo2.Lj5!02.72S14i..30S288.os533s.685179.62s131.80200200500200s00500s00200Roundsr Case555555621501685555WeightCaliber223223223223308308.223.223Bonded Soft PointFull Metal Jacket, Boat TailBoat Tail Hollow TiJacketedbleFranBullet StylePointed SoftntFull Metal Jacket, Boat TailBallistic TiProduct CodeR223R1PRA223RBPRA223RCPRC223R41308W4RM3O8W7LF223R5BReminRemnReminReminRemRemRemiRemiManufacturer12345678CATEGORY B - Rifle AmmunitionDelivery(ARo)909090909090Price PerCaseS7o.i.1S1i.s.04S126.36s126.36s1ls.04571.742502502502502so250Roundsper Case827PelletCountCaliber12 Gauge 2-3/4"12 Gauge, l"12 Gauge 2-t/2"12 Gauge 2-3/4"12 Gauge 2-3/4"12 Gauge 2-3f 4"Bullet Style#7.5 Bird ShotSlug, Duty, Practice00 Buck Shot#4 Buck ShotRifled Slug#8 ShotProductCodeGC127SPl2RSBRR128800L2B4SPl2RSBGCr.28RemingtonRemingtonRemingtonRemingtonRemingtonRemingtonManufacturer1.23456CATEGORY C -AmmunitionMASTER Co¡lrR¡cr No.02616 - Atvlvlurutllortl(Rev. 8-15-2016)18 ExxrslT B Specr¡rcnrrorus Specification 1 All products bid will include descriptive fliers or catalogs describing how the product is equal in quality, function and performance to specifications. 2. All products bid will include descriptive literature for practical use applications 3. All bids will include documentation that products meet the Sporting Arms and Manufacturer's lnstitute (SAAMI) or NATO specifications. 4. All ammunition must be guaranteed free from defects in workmanship and materials without limitation. 5. Ammunition that does not perform to specifications and standards will be refunded or replaced in full. 6. Bidder shall provide a current, dated, signed authorization from the manufacturer that the bidder is an authorized distributor. 7. All ammunition shall be factory new, no reloaded or remanufactured ammunition shall be allowed 8. After receipt of order (ARO) delivery is to be a maximum of 90 days on all orders. 9. Delivery will be Free on Board (FOB) Destination, prepaid and included for orders of 5 cases or more 10. Freight charges may be added as a separate line item for orders less than 5 cases 11. Contractor will provide as much notice as possible to the Contract Administrator when issues occur, which are out of their control, but that will impact supply and demand and delivery. 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 Administrator. MNsreR CoNTRACT No,02616 - AMMUNITIoN (Rev. 8-1s-2016)19 Exxrsrr C I NSURANCE REqUIREMENTS 'J-. lNsuRANcE OBuGATToN. 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. CovvrnctRl- GENERAL LtABtLtry INSURANCE. Commercial General Liability lnsurance (and, if necessary, commercial umbrella liability insurance) covering Bodily lnjury and Property Damage on an 'occurrence form' in the amount of not less than $1,000,000 per occurrence and 52,000,000 general aggregate. This coverage shall include Contractual Liability insurance for the indemnity provided under this Master Contract. The limits of all insurance required to be provided by Contractor shall be no less than the minimum amounts specified. Coverage in the amounts of these minimum limits, however, shall not be construed to relieve Contractor from liability in excess of such limits. A cross-liability clause or separation of insured condition shall be included in allgeneral liability, professional liability, pollution, and errors and omissions policies required by this Master Contract. 2. lNsuRANcE CmnlgR RATING. Coverages provided by the Contractor must be underwritten by an insurance company deemed acceptable to the State of Washington's Office of Risk Management. lnsurance coverage shall be provided by companies authorized to do business within the State of Washington and rated A- Class Vll or better in the most recently published edition of Best's lnsurance Rating. Enterprise Services reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. 3. Aoolrro¡¡lL lNsuRED. Except for Works'Compensation, Professional Liability, Personal Automobile Liability, and Pollution Liability lnsurance, all required insurance shall include the State of Washington and all authorized Purchasers (and their agents, officers, and employees) as an Additional lnsureds evidenced by copy of the Additional lnsured Endorsement attached to the Certificate of lnsurance on such insurance policies. 4. CERTIFICATE oF lNsuRANcE. Upon request by Enterprise Services, Contractor shall furnish to Enterprise Services, as evidence of the insurance coverage required by this Master Contract, a certificate of insurance satisfactory to Enterprise Services that insurance, in the above-stated kinds and minimum amounts, has been secured. A renewal certificate shall be delivered to Enterprise Services no less than ten (10) days prior to coverage expiration. Failure to provide proofofinsurance,asrequired,will resultincontractcancellation. All policiesandcertificatesof insurance shall include the Master Contract number stated on the cover of this Master Contract. 5. PRIMARv Cov¡Rne¡. Contractor's insurance shall apply as primary and shall not seek contribution from any insurance or self-insurance maintained by, or provided to, the additional insureds listed above including, at a minimum, 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 provided by Contractor or subcontractors. 6. Suecor,¡rRacrons. Contractor shall include all subcontractors as insureds under all required insurance policies, or shall furnish separate Certificates of lnsurance and endorsements for each MASTER Corurnncr No. 02616 - Allvlutllrto¡l (Rev. 8-15-2016)20 subcontractor. Each subcontractor must comply fully with all insurance requirements stated herein. Failure of any subcontractor to comply with insurance requirements does not limit Contractor's lia bility or responsibility. 7. WnlvsR oF SuBRocATloN. 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 oF CHANGE oR CANcELLATIoN. 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 sixty (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. MASTER CoNTRACT No. 02616 - AvvurulÏoru (Rev. 8-15-2016)2l