HomeMy WebLinkAboutCAG2024-103 - Original - Proforce Marketing, Inc. - Cooperative Purchasing Agreement: State DES Contract #22422 for Ammunition - 01/01/2024 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form DirAsst:
• For Approvals,Signatures and Records Management Dir/Dep:
KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional)
WASHINGTON Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
Phil Johnson Police
Date Sent: Date Required:
> 03/06/2024
0
Q Mayor or Designee to Sign. Date of Council Approval:
Q Interlocal Agreement Uploaded to Website 2/6/24
Budget Account Number: Grant? Yes NoF-]
10002100.63170.3310
Budget?❑✓ Yes[E]No Type: N/A
Vendor Name: Category: i
Proforce Marketing Inc. Contract
Vendor Number: Sub-Category:
161583 Original
0
w Project Name: Cooperative Purchasing Agreements
cProject Details: State DES contract #22422 to purchase police ammunition for
c police department.
40
c
Basis for Selection of Contractor: El
AgreementAmount Cooperative Purchase
� *Memo to Mayor must be attached _111
Start Date: �1/1/24 Termination Date: 12/31/2025
a Local Business? Yes F]No*If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace.
Business License Verification: ❑Yes In-Process F1 Exempt(KCC 5.01.045) Authorized Signer Verified
Notice required prior to disclosure? Contract Number:
Yes❑No CAG2024-103
Comments:
IM
C C
3 0
N
a
Date Received:City Attorney: Date Routed:Mayor's Office City Clerk's Office 3/7/24
adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20221201
Washington State
EM DEPARTMENT OF
ENTERPRISE SERVICES
STATEWIDE CONTRACT
No. 22422
AMMUNITION
CATEGORIES: HANDGUN—AGUILA;RIFLE—AGUILA;SHOTGUN—AGUILA; FORCE-ON-FORCE TRAINING—ULTIMATE
TRAINING MUNITIONS
For Use by Eligible Purchasers
By and Between
STATE OF WASHINGTON
DEPARTMENT OF ENTERPRISE SERVICES
and
PROFORCE MARKETING, INC.
Dated January 1, 2024
STATEWIDE CONTRACT
No. 22422
AMMUNITION
CATEGORIES: HANDGUN—AGUILA;RIFLE—AGUILA;SHOTGUN—AGUILA;FORCE-ON-FORCE TRAINING—ULTIMATE
TRAINING MUNITIONS
This Washington Statewide Contract ("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, Inc., an Arizona Corporation
("Contractor") and is dated and effective as of January 1, 2024.
RECITALS
A. Pursuant to Legislative authorization, Enterprise Services, on behalf of the State of
Washington, is authorized to develop, solicit, and establish enterprise procurement
solutions, including statewide contracts, for goods and services to support Washington
state agencies. See RCW 39.26.050(1). The Washington State Legislature also has
authorized Enterprise Services to make these contracts available, pursuant to an
agreement in which Enterprise Services ensures full cost recovery,to other local or federal
government agencies or entities, public benefit nonprofit organizations, and any tribes
located in the State of Washington. See RCW 39.26.050(1) & (2).
B. Certain Washington state agencies and other eligible purchasers need to procure
specified types of ammunition products ("Ammunition") from qualified, professional
vendors. Accordingly, Enterprise Services, on behalf of the State of Washington, issued
Competitive Solicitation No. 22422 dated September 8, 2023. The Competitive
Solicitation to establish Contracts for specified categories of Ammunition, by
manufacturer, to enable eligible purchasers to procure Ammunition from awarded
Contractors in a cost effective, efficient manner using the terms and conditions of the
Contract.
C. Enterprise Services evaluated all responses to the Competitive Solicitation and identified
Contractor as an apparent successful bidder for the above-referenced Contract
Category(ies).
D. Enterprise Services has determined that entering into this Contract will meet the
identified needs and be in the best interest of the State of Washington.
E. The purpose of this Contract is to enable eligible purchasers to purchase Ammunition as
set forth herein.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises, covenants, and conditions set forth herein, the
parties hereto hereby agree as follows:
1. TERM. The term of this Contract is twenty-four(24) months,commencing January 1, 2024 and ending
December 31, 2025 Provided, however, that if Contractor is not in default and if, by July 1, 2025, in
Enterprise Services' reasonable judgment, Contractor satisfactorily has met the performance-based
goals for contract extension, Enterprise Services shall extend the term of this Contract, by written
STATEWIDE CONTRACT NO.22422—AMMUNITION 1
(Rev.2022-11-16)
amendment, for up to thirty-six (36) additional months. Such extension amendment shall be on the
same terms and conditions as set forth in this Contract. To earn the performance-based Contract
term extension, Contractor must achieve the following performance-based metrics:
PERFORMANCE METRIC PERFORMANCE REQUIREMENT FOR CONTRACT EXTENSION
Annual Detailed Sales Contractor timely provides to Enterprise Services, with no less
than a 100%on time rate,the annual detailed sales report. See
Report: § 11.3.
Contractor shall maintain a 95% on-time delivery rate with a
On-time Delivery goal of 99%on-time deliveries. See §8.3.
Contractor timely provides to Enterprise Services at the
Insurance designated address, without exception, annual insurance
Endorsements: endorsements for the insurance coverages required by this
Contract. See Exhibit 8—Insurance Requirements at§ 13.
Contractor timely remits to Enterprise Service,with no less than
a 75% on time rate over the contract term, the applicable
Vendor Management Fee (VMF).
Vendor Management Note: Contractor must pay the VMF within thirty (30) calendar
Fee: days of invoice from Enterprise Services. If Contractor is
delinquent in timely paying the VMF for three (3) or more
quarters within the first nine (9) quarters of the Contract term,
Contractor will not be eligible for a performance-based
extension.
Contractor timely provides to Enterprise Services, with no less
than a 75% on time rate over the contract term, the required
Contract quarterly sales reports.
Contract Note: Contractor must provide the quarterly sales reports to
Sales Reports: Enterprise Services within thirty (30) calendar days of the
quarter's end. If Contractor is delinquent in providing the
quarterly sales reports for three(3)or more quarters within the
first nine (9) quarters of the Contract term, Contractor will not
be eligible for a performance-based extension.
2. ELIGIBLE PURCHASERS. This Contract may be utilized by any of the following types of entities (each an
eligible "Purchaser"):
2.1. WASHINGTON STATE AGENCIES. All Washington state agencies, departments, offices, divisions,
boards, and commissions.
2.2. WASHINGTON STATE INSTITUTIONS OF HIGHER EDUCATION (COLLEGES). Any the following institutions
of higher education in Washington:
■ State universities — i.e., University of Washington & Washington State
University;
■ Regional universities — i.e., Central Washington University, Eastern
Washington University, &Western Washington University
STATEWIDE CONTRACT NO.22422—AMMUNITION 2
(Rev.2022-11-16)
■ Evergreen State College;
■ Community colleges; and
■ Technical colleges.
2.3. CONTRACT USAGE AGREEMENT PARTIES. Any of the following types of entities that have executed
a Contract Usage Agreement with Enterprise Services:
■ Political subdivisions (e.g., counties, cities, school districts, public utility
districts) in the State of Washington;
■ Federal governmental agencies or entities;
■ Public-benefit nonprofit corporations (i.e., §501(c)(3) nonprofit
corporations that receive federal, state, or local funding); and
■ Federally-recognized Indian Tribes located in the State of Washington.
3. SCOPE—INCLUDED AMMUNITION AND PRICE.
3.1. CONTRACT SCOPE. Pursuant to this Contract, Contractor is authorized to sell and provide only
the Ammunition specified in ExhibitA—Included Ammunition and Prices at the Prices set forth
in ExhibitA — Included Ammunition and Prices. Contractor shall not represent to any
Purchaser under this Contract that Contractor has contractual authority to sell or provide any
goods or services beyond those set forth in ExhibitA—Included Ammunition and Prices.
3.2. STATE'S ABILITY TO MODIFY SCOPE OF CONTRACT. Subject to mutual agreement between the
parties, Enterprise Services reserves the right to modify the Ammunition included in this
Contract; Provided, however, that any such modification shall be effective only upon thirty
(30) calendar days advance written notice; and Provided further, that any such modification
must be within the scope of the Competitive Solicitation for this Contract.
3.3. ECONOMIC PRICE ADJUSTMENT. Beginning twelve (12) months after the effective date of this
Contract and for every annual anniversary thereafter, the prices set forth in ExhibitA —
Included Ammunition and Prices may be adjusted upon Contractor request.
Requests for price adjustment must be made in writing and be received between October 15
and December 15 of each calendar year to be eligible for an adjustment on the following
February 1. In the event Contractor fails to timely request a price adjustment, Enterprise
Services, at its sole discretion, may allow an untimely adjustment; Provided, however, that
such adjustment will not be effective for any time prior to Enterprise Services' price
adjustment, and Contractor is in good standing, by reasonably performing Contract
obligations, including timely sales reporting and paying vendor management fees as required
herein, are eligible for economic adjustments.
Price adjustments will be made in accordance with the average percentage change in the
United States Department of Labor, Bureau of Labor and Statistics(BLS) Produce Price Indices
(PPI) below issued for the contract term. Only final published data will be used.
PCU332992332992 (Small Arms Ammunitions Manufacturing)
Economic adjustment will lag one(1)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 data published as of December 1st each year. Prices may be adjusted and
effective on February 1st of each year. If an index is recoded (i.e.,the recoded index is a direct
substitute for the prior index according to the BLS), this Contract will use the recoded index,
STATEWIDE CONTRACT NO.22422—AMMUNITION 3
(Rev.2022-11-16)
as applicable. If an index becomes unavailable, Enterprise Services shall substitute a proxy
index. If 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 Index/Base Period Index).
The "Current Period Index" is the average of the most recent twelve months of non-
preliminary BLS Index values,and the"Base Period Index"is the average of the twelve months
of non-preliminary BLS Index values prior to the Current Period Index.
3.4. PRICE CEILING. Although Contractor may offer lower prices to Purchasers, during the term of
this Contract,Contractor guarantees to provide the Ammunition at no greater than the prices
set forth in Exhibit — Included Ammunition and Prices (subject to economic adjustment as
set forth herein).
3.5. CONTRACT INFORMATION. Enterprise Services shall maintain and provide to eligible Purchasers
information regarding this Contract, including scope, pricing, and lowest responsive,
responsible bidder designation. In addition, Enterprise Services identifies awarded
contractors who qualify as Washington Small Businesses, Certified Veteran-Owned
Businesses, or that, pursuant to the Contract provide Ammunition that meets specified state
procurement priorities as set forth in the Competitive Solicitation.
4. CONTRACTOR REPRESENTATIONS AND WARRANTIES. Contractor makes each of the following
representations and warranties as of the effective date of this Contract and at the time any order is
placed pursuant to this Contract. If, 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. QUALIFIED TO Do BUSINESS. Contractor represents and warrants that Contractor is (a) in good
standing; (b) qualified to do business in the State of Washington; and (c) registered with the
Washington State Department of Revenue and the Washington Secretary of State.
4.2. TAXES. Contractor represents and warrants that Contractor is current, in full compliance, and
has paid all applicable taxes owed to the State of Washington.
4.3. LICENSES; CERTIFICATIONS; AUTHORIZATIONS; & APPROVALS. Contractor represents and warrants
that Contractor possesses and shall keep current during the term of this Contract all required
licenses, certifications, permits, authorizations, and approvals necessary for Contractor's
proper performance of this Contract.
4.4. SUSPENSION & DEBARMENT. Contractor represents and warrants as previously certified in
Contractor's Bidder's Certification, that neither Contractor nor its principals or affiliates
presently are nor have ever been 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.
4.5. WAGE VIOLATIONS. Contractor represents and warrants as previously certified in Contractor's
Bidder's Certification, that during the term of this Contract and the three (3) year period
immediately preceding the award of the Contract, Contractor has not been determined, by a
final and binding citation and notice of assessment issued by the Washington Department of
Labor and Industries or through a civil judgment entered by a court of limited or general
jurisdiction,to be in willful violation of any provision of Washington state wage laws set forth
in RCW 49.46,49.48, or 49.52.
STATEWIDE CONTRACT NO.22422—AMMUNITION 4
(Rev.2022-11-16)
4.6. CIVIL RIGHTS. Contractor represents and warrants that Contractor complies with all applicable
requirements regarding civil rights. Such requirements prohibit discrimination against
individuals based on their status as protected veterans or individuals with disabilities, and
prohibit discrimination against all individuals based on their race, color, religion, sex, sexual
orientation, gender identity, or national origin.
4.7. EXECUTIVE ORDER 18-03—WORKERS' RIGHTS. Contractor represents and warrants, as previously
certified in Contractor's Bidder's Certification, that Contractor does NOT require its
employees,as a condition of employment,to sign or agree to mandatory individual arbitration
clauses or class or collective action waivers. Contractor further represents and warrants that,
during the term of this Contract, Contractor shall not, as a condition of employment, require
its employees to sign or agree to mandatory individual arbitration clauses or class or collective
action waivers.
4.8. PUBLIC CONTRACTS AND PROCUREMENT FRAUD. Contractor represents and warrants that, within
the three (3) year period prior to this Contract, neither Contractor nor its principals or
affiliates: (a) have been convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offence in connection with obtaining, attempting to obtain,
or performing a public (federal, state, local, or tribal) contract or purchase order under a
public contract; (b) have been in violation of federal or state antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements or receiving stolen property; (c) have been indicted for or otherwise criminally or
civilly charged by a government entity(federal, state, local, or tribal)with commission of any
of the offense enumerated in subsection (b) of this provision; or (d) had one or more public
contracts (federal, state, local, or tribal)terminated for cause or default.
4.9. PROCUREMENT ETHICS & PROHIBITION ON GIFTS. Contractor represents and warrants that
Contractor 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 Enterprise Services and Purchasers' employees.
4.10. WASHINGTON'S ELECTRONIC BUSINESS SOLUTION(WEBS). Contractor represents and warrants that
Contractor is registered in Washington's Electronic Business Solution (WEBS), Washington's
contract registration system and that, all of Contractor's information therein is current and
accurate and that throughout the term of this Contract, Contractor shall maintain an accurate
profile in WEBS.
4.11. WASHINGTON'S STATEWIDE PAYEE DESK. Contractor represents and warrants that Contractor is
registered with Washington's Statewide Payee Desk, which registration is a condition to
payment.
4.12. CONTRACT PROMOTION;ADVERTISING AND ENDORSEMENT. Contractor represents and warrants that
Contractor shall use commercially reasonable efforts both to promote and market the use of
this Contract with eligible Purchasers and to ensure that those entities that utilize this
Contract are eligible Purchasers. Contractor understands and acknowledges that neither
Enterprise Services nor Purchasers are endorsing Contractor's Ammunition or suggesting that
such Ammunition is the best or only solution to their needs. Accordingly, Contractor further
represents and warrants that Contractor 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.
STATEWIDE CONTRACT NO.22422—AMMUNITION 5
(Rev.2022-11-16)
4.13. CONTINGENT FEES. Contractor represents and warrants that no person or selling agent has been
employed or retained to solicit or secure this Contract upon an agreement or understanding
for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees
or bona fide established agents as defined in the Federal Acquisition Regulations.
4.14. FINANCIALLY SOLVENT. Contractor represents and warrants that Contractor has not commenced
bankruptcy proceedings and that there are no judgment, liens, or encumbrances of any kind
affecting title to any Ammunition that is the subject of this Contract.
4.15. OPERATIONAL CAPABILITY. Contractor represents and warrants, as previously certified in
Contractor's Bidder's Certification, that Contractor has the operational and financial
capability to perform the Contract.
4.16. CONTRACT TRANSITION. Contractor represents and warrants that, in the event this Contract or
a similar contract, is transitioned to another contractor (e.g., Contract expiration or
termination), Contractor shall use commercially reasonable efforts to assist Enterprise
Services (including the Purchasers hereunder) for a period of sixty (60) calendar days to
effectuate a smooth transition to another contractor to minimize disruption of service and/or
costs to the State of Washington and such Purchasers; Provided, however, that, if costs are
incurred, Contractor shall be compensated for such costs consistent with the terms and
conditions pertaining to this Contract for the sixty (60) day period immediately before such
transition.
4.17. AMMUNITION MANUFACTURER OR AUTHORIZED REPRESENTATIVE. Contractor represents and
warrants, as previously certified in Contractor's Bidder's Certification, that Contractor is the
Ammunition manufacturer or is authorized by the Ammunition manufacturer to sell the
Ammunition in the state of Washington for all manufacturers listed in Exhibit A — Included
Ammunition and Prices. Contractor further represents and warrants that, if during the
Contract term, Contractor ceases to be the Ammunition manufacturer or be authorized by
the Ammunition manufacturer to sell such Ammunition in the state of Washington,
Contractor promptly shall notify Enterprise Services in writing within seven (7) days of such
event and shall cease sales of such Ammunition pursuant to this Contract unless otherwise
directed in writing by Enterprise Services.
4.18. SPORTING ARMS AND MANUFACTURER'S INSTITUTE(SAAMI).Contractor represents and warrants, as
previously certified in Contractor's Bidder's Certification, all ammunition sold meets the
Sporting Arms and Manufacturer's Institute requirements for specifications, transportation,
and storage requirements.
5. QUALITY;WARRANTY;REMEDIES.
5.1. WARRANTY. Contractor warrants that the Ammunition: (a) is free from defects in design,
material, and workmanship; (b)fit and safe for the intended purposes; (c)consistent with
recognized industry quality standards; (d) complies with the requirements,specifications,and
descriptions included in this Contract; and (e) is produced and delivered in full compliance
with applicable law ("Goods Warranty'). Contractor further warrants that it has good and
marketable title to the Ammunition and shall keep Purchaser's property free of liens. If
Purchaser receives notice of a lien caused by Contractor, Purchaser may withhold any
payment otherwise due Contractor until Contractor submits proof, in a form satisfactory to
Purchaser,that all lienable claims have been fully paid or waived.
5.2. REMEDY. If Ammunition does not comply with the Goods Warranty, at Purchaser's election,
Contractor promptly shall remedy the defect by replacing any defective Ammunition.
STATEWIDE CONTRACT NO.22422—AMMUNITION 6
(Rev.2022-11-16)
Contractor's Goods Warranty support shall include,at Contractor's sole expense,all technical
support, parts, materials and equipment, and labor, including freight and "in/out" costs
required to address the defect. If, in Purchaser's judgment, replacement is inadequate, or
fails of its essential purpose, Contractor shall 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.
5.3. FAILURE To REMEDY. If Contractor does not remedy a defect or nonconformity within ten (10)
calendar days after receipt of written notice from Purchaser, or if an emergency exists
rendering it impossible or impractical for Purchaser to have Contractor provide a remedy,
Purchaser may, without prejudice to any other rights or remedies available to it, replace
Ammunition, in which case Contractor shall reimburse Purchaser for its actual costs or, at
Purchaser's option, Purchaser will offset the costs incurred from amounts owing to
Contractor.
5.4. TECHNICAL SUPPORT. Contractor shall provide all warranty service and telephone support,
including after-hour technical support, at its own cost.
6. SAFETY;SECURITY. Contractor's failure to comply with any of the requirements in this Section shall be
cause for termination.
6.1. REGULATORY REQUIREMENTS/SAFETY. Ammunition supplied by Contractor shall meet all OSHA
and other safety-related federal,state, local,and/or tribal regulatory requirements applicable
to Ammunition.
6.2. MATERIAL SAFETY DATA SHEETS. As applicable, Contractor shall provide Purchaser with all
appropriate Material Safety Data Sheets ("MSDS") at the time of delivery of each shipment of
Ammunition which requires such compliance.
6.3. ACCIDENT AND INJURY REPORTING. If Contractor, its agents, employees, or subcontractors are
present at Purchaser's premises, Contractor promptly will report in writing all injuries,
accidents, property damage, near-miss incidents, or any claims regarding damages or injury
involving Contractor, its agents, employees, or subcontractors occurring at such premises.
Contractor agrees to cooperate and assist in any Purchaser investigation of incidents.
6.4. ON SITE REQUIREMENTS. While on Purchaser's premises, Contractor, its agents, employees, or
subcontractors shall comply, in all respects,with Purchaser's physical,fire, access,safety, and
other security requirements and not interfere with Purchaser's operations. Contractor
represents and warrants that Contractor,its agents,employees,or subcontractors who access
Purchaser's premises will be adequately trained and at all times comply with Purchaser's
requirements.
7. SUBCONTRACTORS.
7.1. CONTRACTOR RESPONSIBILITY. Notwithstanding any provision to the contrary, In the event
Contractor elects to utilize subcontractors to perform this Contract, Contractor shall:
(a) incorporate Contractor's responsibilities under this Contract into its subcontracts; (b) be
fully responsible for the performance of any such subcontractors (regardless of tier) and
ensure that subcontractors comply with each and every Contractor obligation set forth in this
Contract; (c) be the sole point of contact for Enterprise Services and any Purchasers regarding
STATEWIDE CONTRACT NO.22422—AMMUNITION 7
(Rev.2022-11-16)
all contractual matters; (d) ensure that such subcontractors are registered in WEBS; and
(e) defend, indemnify, and hold Enterprise Services and Purchasers harmless in case of
negligence, other tortious fault, or intentional misconduct by any such subcontractors
(regardless of tier). Prior to utilizing any subcontractor to perform this Contract, Contractor
shall provide written notice to Enterprise Services' contract administrator. Such notice shall
confirm that the subcontractor is registered in WEBS and provide the necessary information
for Enterprise Services' contract administrator to include such subcontractor(s) in
Washington's Purchasing Contract Management System (PCMS).
7.2. REPORTING. If Contractor is required to report to Purchaser and/or Enterprise Services, such
report(s) will include subcontractor data, by subcontractor, for any data that Contractor is
required to report as well as a consolidated 'rollup' report combining Contractor and
subcontractor data.
7.3. SUBCONTRACTOR REPRESENTATIONS AND CERTIFICATIONS. Any Contractor representations or
certifications set forth in this Contract shall apply to subcontractors (at any tier) and
Contractor shall not utilize any subcontractors (at any tier) who cannot provide such
representations or certifications, excepting the certification to be registered with
Washington's Statewide Payee Desk, unless Purchaser will pay such subcontractor directly.
8. USING THE CONTRACT—PURCHASES.
8.1. ORDERING REQUIREMENTS. Eligible Purchasers shall order Ammunition from this Contract,
consistent with the terms hereof and by using any ordering mechanism agreeable both to
Contractor and Purchaser but including, at a minimum, 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 Purchase Orders must
reference the Contract number. The terms of this Contract shall apply to any Purchase Order
and, in the event of any conflict,the terms of this Contract shall prevail. Notwithstanding any
provision to the contrary, in no event shall any 'click-agreement,' software or web-based
application terms and conditions, or any other agreement modify the terms and conditions
of this Contract.
8.2. DELIVERY REQUIREMENTS. Contractor must ensure that the Ammunition is delivered or provided
as required by this Contract, the Purchase Order used by Purchaser, and as otherwise
mutually agreed in writing between 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 deliveries shall occur during
Purchaser's normal work hours and within the time period mutually agreed
in writing between Purchaser and Contractor.
(b) Deliveries made to secure facilities and drivers entering those facilities shall
be pre-approved by the Purchaser. Contractor must obtain the required
clearance prior to any scheduled delivery to secure facilities.
(c) Contractor shall ship all Ammunition purchased pursuant to this 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 Ammunition ordered hereunder
STATEWIDE CONTRACT NO.22422—AMMUNITION 8
(Rev.2022-11-16)
that occurs prior to delivery, except loss or damage attributable to
Purchaser's fault or negligence.
(d) All packing lists, packages, instruction manuals, correspondence, shipping
notices, shipping containers, and other written materials associated with this
Contract shall be identified by the Contract number set forth on the cover of
this 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.
8.3. ON-TIME DELIVERY. Contractor shall maintain a 95% on-time delivery rate with a goal of 99%
on-time deliveries. Delivery lead times will not exceed one-hundred eighty (180) days after
receipt of order (ARO) unless mutually agreed in writing between the Contractor and the
Purchaser.Adjustments to delivery still within the one-hundred eighty(180)day window must
be documented in the Purchaser ordering paperwork. If an order's ETA surpasses the one-
hundred eighty(180)day window after receipt of order,Contractor will need to obtain mutual
agreement in writing between Purchaser and Contractor or allow Purchaser to withdraw their
order.
Upon Purchaser or Enterprises Services request, Contractor must provide documentation
supporting compliance with this requirement. Documentation must be received by requestor
within ten (10) days of request.
8.4. ORDER FULFILLMENT AND SUBSTITUTIONS. In the event Contractor is unable to fulfill a product
ordered, a replacement product equal in price and performance may be substituted. All
products substitutions must be mutually agreed to by Purchaser and Contractor in writing
prior to order placement and documented in Purchaser's ordering paperwork.
8.5. RECEIPT AND INSPECTION OF AMMUNITION. Ammunition purchased under this Contract IS subject
to Purchaser's reasonable inspection, testing, and approval at Purchaser's destination.
Purchaser reserves the right to reject and refuse acceptance of Ammunition that is not in
accordance with this Contract and Purchaser's Purchase Order. If there are any apparent
defects in the Ammunition 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 replace, at Contractor's expense, any or all damaged Ammunition or, at
Purchaser's option, Purchaser may note any such damage on the receiving report, decline
acceptance, and deduct the cost of rejected Ammunition from final payment. Payment for
any Ammunition under such Purchase Order shall not be deemed acceptance.
8.6. REFUNDS. Ammunition that does not perform to manufacturer specifications and standards
will be refunded or replaced at no additional charge to Purchaser. Upon request, Contractor
will provide, within five (5) days, manufacturer literature that describes specific performance
requirements and standards of Ammunition purchased. Upon receipt of manufacturer
literature, Purchaser will provide to Contractor, within five (5) days, supporting
documentation describing how the Ammunition does not meet the manufacturer
performance requirements and standards. Afull credit will be issued by the Contractor within
ten (10) days.
8.7. CUSTOMER SERVICE. Contractor will be available by phone and/or email Monday through Friday
from 8:00 am to 5:00 p.m. Contractor will respond to voicemail and email within twenty-four
(24) hours.
STATEWIDE CONTRACT NO.22422—AMMUNITION 9
(Rev.2022-11-16)
9. INVOICING&PAYMENT.
9.1. CONTRACTOR INVOICE. Contractor shall submit properly itemized invoices to Purchaser's
designated invoicing contact for Ammunition delivered under this Contract. Such invoices
shall itemize the following:
(a) Contract No. 22422;
(b) Contractor name, address,telephone number, and email address for billing
issues (i.e., Contractor Customer Service Representative);
(c) Contractor's Federal Tax Identification Number;
(d) Date(s) of delivery;
(e) Applicable Ammunition;
(f) Invoice amount; and
(g) Payment terms, including any available prompt payment discounts.
Contractor's invoices for payment shall reflect accurate Contract prices. Invoices will not be
processed for payment until receipt of a complete invoice as specified herein.
9.2. PAYMENT. Payment is the sole responsibility of, and will be made by, the Purchaser.
Purchaser's obligation to pay invoices is subject to receipt of a timely and accurate invoice
and conforming Ammunition. Unless Contractor has provided a prompt payment discount
set forth in Exhibit — Included Ammunition and Prices, Purchaser's payment is due within
thirty(30) calendar days of invoice. Purchaser retains the right of setoff for any amount due
or owing to Purchaser. Purchaser may make payments electronically (e.g., ACH payments).
Contractor shall provide information necessary to facilitate electronic payments. If Purchaser
fails to make timely payment(s), Contractor may invoice Purchaser in the amount of one
percent (1%) per month on the amount overdue or a minimum of$1. Payment will not be
considered late if a check or warrant is mailed within the time specified.
9.3. OVERPAYMENTS. Contractor promptly shall refund to Purchaser the full amount of any
erroneous payment or overpayment. Such refunds shall occur within thirty(30)calendar 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. If Contractor fails to make
timely refunds of overpayment(s) (either directly or by credit memo), Contractor shall pay
Purchaser interest at the rate of one percent (1%) per month on the amount overdue thirty
(30)calendar days after notice to Contractor.
9.4. ADVANCE PAYMENT PROHIBITED. Except as authorized by law, Contractor shall not request or
receive advance payment for any Ammunition furnished by Contractor pursuant to this
Contract.
9.5. NO ADDITIONAL CHARGES. Unless otherwise specified herein, Contractor shall not include or
impose any additional charges including, but not limited to, charges for shipping, handling,
insurance, or payment processing with the following exception. Orders that do not meet the
minimum order requirement of five(5) cases or more, may be charged an additional shipping
charge reflective of actual shipping costs which shall not exceed $30.00 per case.TAxEs/FEES.
Contractor promptly shall pay all applicable taxes on its operations and activities pertaining
to this Contract. Failure to do so shall constitute breach of this Contract. Unless otherwise
agreed, Purchaser shall pay applicable sales tax imposed by the State of Washington on
purchased Ammunition. Contractor's invoices shall separately state (a)taxable and non-
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taxable charges and (b) sales/use tax due by jurisdiction. In regard to federal excise taxes,
Contractor shall include federal excise taxes only if, after thirty (30) calendar days written
notice to Purchaser, Purchase has not provided Contractor with a valid exemption certificate
from such federal excise taxes.
10. CONTRACT MANAGEMENT.
10.1. CONTRACT ADMINISTRATION&NOTICES. Except for legal notices,the parties hereby designate the
following contract administrators as the respective single points of contact for purposes of
this Contract. Enterprise Services' contract administrator shall provide Contract oversight.
Contractor's contract administrator shall be Contractor's principal contact for business
activities under this Contract. The parties may change contract 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: Brad Stringfellow Attn: Kaylee Mitchell
Washington Dept. of Enterprise Services Proforce Law Enforcement
PO Box 41411 2625 Stearman Rd. Ste. A
Olympia, WA 98504-1411 Prescott,AZ 86301
Tel: (360)407-9411 (Direct) Tel: (928) 776-7192
(360)407-2213 (Team Line) Email: sales@proforceonline.com
Email: DESContractsTeamFir@des.wa.eov
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.
10.2. CONTRACTOR CUSTOMER SERVICE REPRESENTATIVE. 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 Contract.
10.3. LEGAL NOTICES. Any legal notices required or desired shall be 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 Attn: Kaylee Mitchell
Washington Dept. of Enterprise Services Proforce Law Enforcement
PO Box 41411 2625 Stearman Rd. Ste. A
Olympia, WA 98504-1411 Prescott,AZ 86301
Email: greg.tolbert@des.wa.gov Email: sales@proforceonline.com
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.
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11. CONTRACTOR SALES REPORTING;VENDOR MANAGEMENT FEE;&CONTRACTOR REPORTS.
11.1. CONTRACT SALES REPORTING. Contractor shall report total Contract sales quarterly to Enterprise
Services, as set forth below.
(a) Contract Sales Reporting System. Contractor shall report quarterly Contract
sales in Enterprise Services' Contract Sales Reporting System. Enterprise
Services will provide Contractor with a login password and a 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 Contract. If there are no
Contract sales during the reporting period, Contractor must report zero
sales.
(c) Due dates for Contract Sales Reporting. Quarterly Contract Sales Reports
must be submitted electronically by the following deadlines for all Contract
sales invoiced during the applicable calendar quarter:
FOR SALES MADE IN CONTRACT SALES REPORT
QUARTER CALENDAR QUARTER ENDING
DUE BY PAST DUE
1 January 1—March 31 April 30 May 1
2 April 1—June 30 July 31 August 1
3 July 1—September 30 October 31 November 1
4 October 1—December 31 January 31 February 1
11.2. VENDOR MANAGEMENT FEE. Contractor shall pay to Enterprise Services a vendor management
fee ("VMF") of 1.25 percent on the purchase price for all 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 Services = Total Contract sales invoiced (not
including sales tax)x .0125.
(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 Contract sales
reported by Contractor. Contractor is not to remit payment until Contractor
receives an invoice from Enterprise Services. Contractor's VMF payment to
Enterprise Services must reference this Contract number, the year and
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quarter for which the VMF is being remitted, and Contractor's name as set
forth in this Contract, if not already included on the face of the check.
(d) Contractor's failure to report accurate total net Contract sales, to submit a
timely Contract sales report, or to remit timely payment of the VMF to
Enterprise Services, may be cause for Enterprise Services to suspend
Contractor or terminate this Contract or exercise 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 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 $200.00 or twenty-five percent
(25%) of the outstanding amount, whichever is greater, or the maximum
allowed by law, if less.
(e) Enterprise Services reserves the right, upon thirty(30) calendar days advance
written notice, to increase, reduce, or eliminate the VMF for subsequent
purchases, and reserves the right to renegotiate Contract pricing with
Contractor when any subsequent adjustment of the VMF might justify a
change in pricing.
11.3. ANNUAL CONTRACT SALES REPORT. Contractor shall provide to Enterprise Services a detailed
annual Contract sales report. Such report shall include, at a minimum: the Ammunition sold
(including, as applicable, item number or other identifier), per unit quantities sold, items and
volumes purchased by Purchaser, shipment/delivery locations by Purchaser, and Contract
price. This report must be provided in an electronic format that can be read by Microsoft
(MS) Excel. Such report is due within thirty(30)calendar days following the twelve(12)month
anniversary of Contract effective date and annually thereafter.
12. RECORDS RETENTION He AUDITS.
12.1. RECORDS RETENTION. Contractor shall maintain books, records, documents,and other evidence
pertaining to this Contract and orders placed by Purchasers under it to the extent and in such
detail as shall adequately reflect contract performance and administration of purchases,
payments, taxes, and fees. Contractor shall retain such records for a period of six (6) years
following expiration or termination of this Contract or final payment for any order placed by
a Purchaser against this 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.
12.2. AUDIT. Enterprise Services reserves the right to audit, or have a designated third-party audit,
applicable records to ensure that Contractor properly has invoiced Purchasers and that
Contractor has paid all applicable vendor management fees to Enterprise Services.
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
Contract or Purchase Orders placed by a Purchaser under this Contract 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 Contract or final payment for any
order placed by a Purchaser against this Contract,whichever is later; Provided, however,that
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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.
12.3. OVERPAYMENT 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 Contract or Purchase Orders placed thereunder, at a rate
of 125% of any such overpayments, found as a result of the examination of Contractor's
records;and (b) reimburse Enterprise Services for any underpayment of vendor management
fees, at a rate of 125% of such fees found as a result of the examination of Contractor's
records (e.g., if Contractor underpays the Vendor Management Fee by $500, Contractor
would be required to pay to Enterprise Services$500 x 1.25=$625); Provided, however,that,
in the event Contractor timely discovers and corrects any Purchaser overpayment or
Contractor underpayment of vendor management fees and does so prior to the initiation of
any audit, Contractor shall be entitled to reimburse Purchaser or pay to Enterprise Services
the actual amount of such Purchaser overpayment or such underpayment of vendor
management fees.
13. INSURANCE.
13.1. REQUIRED INSURANCE. Contractor, at its expense, shall maintain in full force and effect the
insurance coverages set forth in Exhibit B—Insurance Requirements. All costs for insurance,
including any payments of deductible amounts,shall be considered incidental to and included
in the prices for Ammunition and no additional payment shall be made to Contractor.
13.2. WORKERS COMPENSATION. Contractor shall comply with applicable workers compensation
statutes and regulations (e.g., RCW Title 51, Industrial Insurance). If 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 Contract. This
provision does not waive any of the Washington State Department of Labor and Industries
(L&I) rights to collect from Contractor. If Contractor performs services on Purchaser's behalf
in the State of Washington, and only to the extent of claims against Contractor by Purchaser
under the Indemnity obligations in this Contract, Contractor expressly waives any immunity
it may be granted under the Washington State Industrial Insurance Act, Title 51 RCW.
Contractor's indemnification obligation will not be limited in any way by any limitation on the
amount or type of damages,compensation,or benefits payable to or for any third party under
workers' compensation acts, disability benefit acts, or other employee benefit acts. The
parties expressly acknowledge and certify that the waiver of immunity under Title 51 RCW
was mutually negotiated and agreed upon.
14. CLAIMS.
14.1. ASSUMPTION OF RISKS; CLAIMS BETWEEN THE PARTIES. Contractor assumes sole responsibility and
all risks of personal injury or property damage to itself and its employees and agents in
connection with its operations under this 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 Contractor's acts or
omissions under this Contract.
14.2. THIRD-PARTY CLAIMS;GENERAL INDEMNITY. To the fullest extent permitted by law,Contractor shall
defend, INDEMNIFY, and hold Enterprise Services and any Purchaser and their employees and
agents harmless from and against all claims, demands, judgments, assessments, damages,
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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 out of Contractor's or its successors', agents', or subcontractors' negligence, other
tortious fault,or intentional misconduct under this Contract; Provided, however,that no right
to indemnity will exist as to that portion of a Claim resulting from the sole negligence,tortious
fault, or intentional misconduct of Enterprise Services or Purchaser. The parties agree that if
there are any limitations of Contractor's liability, including a limitation of liability clause for
anyone for whom the Contractor is responsible, such limitations of liability shall not apply to
injuries to persons (including death), damages to property, data breach, and/or intellectual
property infringement. 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.
14.3. INTELLECTUAL PROPERTY INDEMNITY. To the fullest extent permitted by law, Contractor shall
defend, indemnify, and hold Enterprise Services and any Purchaser and their employees and
agents harmless from against any and all Claims resulting from allegations of infringement of
any patents, copyrights, trade secret, or similar intellectual property rights covering the
Ammunition provided, or the use of the Ammunition under this Contract. If Purchaser's use
of Ammunition and provided by Contractor is enjoined based on an intellectual property
infringement Claim, Contractor shall, at its own expense, either procure for Purchaser the
right to continue using the Ammunition or, after consulting with Purchaser and obtaining
Purchaser's consent, replace or modify the Ammunition with substantially similar and
functionally equivalent non-infringing Ammunition.
15. DISPUTE RESOLUTION. The parties shall cooperate to resolve any dispute pertaining to this Contract
efficiently, as timely as practicable, and at the lowest possible level with authority to resolve such
dispute. If, however, a dispute persists and cannot be resolved, it may be escalated within each
organization. In 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. In 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 dispute. In
the event the parties cannot agree, either party may resort to court to resolve the dispute.
16. TERMINATION;EXPIRATION;SUSPENSION;&REMEDIES.
16.1. TERMINATION. This Contract may be terminated: (a) upon the mutual written agreement of
the parties; (b) by the non-breaching party where the breach is not cured within thirty (30)
calendar days after written notice of breach is delivered to the breaching party, unless a
different time for cure is otherwise stated in this Contract; and (c) as otherwise expressly
provided for in this Contract. This Contract shall terminate automatically and without further
action if a party becomes insolvent or is placed in receivership, reorganization, liquidation, or
bankruptcy. In addition to any other available remedies, the non-breaching party may
terminate this Contract as provided in subsection (b) above without further liability by written
notice to the breaching party. A termination for breach will not affect rights or obligations
accrued or owed before the effective date of the termination notice.
16.2. TERMINATION FOR NONAPPROPRIATION OR REDUCTION OF FUNDS OR CHANGES IN LAW. Enterprise
Services may suspend or terminate this Contract and Purchasers may suspend or terminate
applicable Purchase Orders, in whole or in part, at the sole discretion of Enterprise Services
STATEWIDE CONTRACT NO.22422—AMMUNITION 15
(Rev.2022-11-16)
or, as applicable, Purchaser, if Enterprise Services or, as applicable, Purchaser reasonably
determines that: (a) a change in Federal or State legislation or applicable laws materially
affects the ability of either party to perform under the terms of this Contract or applicable
Purchase Order;or(b)that a change in available funds affects Purchaser's ability to pay under
the applicable Purchase Order. A change of available funds as used in this section includes
but is not limited to a change in Federal or State funding, whether as a result of a legislative
act or by order of the President or the Governor. If a written notice is delivered under this
provision, Purchaser will reimburse Contractor for Ammunition properly ordered until the
effective date of said notice. Except as stated in this provision, in the event of termination for
nonappropriation or reduction of funds or changes in law, Purchaser will have no obligation
or liability to Contractor.
16.3. TERMINATION FOR PUBLIC CONVENIENCE. Enterprise Services, for public convenience, may
terminate this Contract; Provided, however, that such termination for public convenience
must, in Enterprise Services'judgment, be in the best interest of the State of Washington; and
Provided further, that such termination for public convenience shall only be effective upon
sixty (60) calendar days prior written notice; and Provided further, that such termination for
public convenience shall not relieve any Purchaser from payment for Ammunition already
ordered as of the effective date of such notice. Except as stated in this provision, in the event
of such termination for public convenience, neither Enterprise Services nor any Purchaser
shall have any obligation or liability to Contractor.
16.4. PURCHASER OBLIGATIONS—ExPIRATION. Upon expiration of this Contract, Purchaser shall accept
and take delivery of all outstanding and not yet fulfilled Purchase Orders and pay Contractor
the price as set out in the Contract. Notwithstanding any provision to the contrary, in no
event shall a Purchaser's Purchase Order pursuant to this Contract that is executed prior to
expiration of this Contract allow for Contractor to provide Ammunition more than twelve(12)
months beyond the expiration date of the Contract.
16.5. CONTRACTOR OBLIGATIONS—EXPIRATION OR TERMINATION. Upon expiration or termination of this
Contract, Contractor shall: (a) continue to fulfill its warranty obligations with respect to any
Ammunition sold hereunder and all provisions of the Contract that, by their nature, would
continue beyond the expiration,termination,or cancellation of the Contract shall so continue
and survive; and (b) promptly return to Purchaser all keys, badges, and other materials
supplied by Purchaser for the performance of any Purchase Order entered into pursuant to
this Contract.
16.6. DEFAULT. Any of the following events shall constitute cause for Enterprise Services to declare
Contractor in default of this Contract:
(a) Contractor fails to perform or comply with any of the terms or conditions of
this Contract;
(b) Contractor fails to timely report contract sales;
(c) Contractor fails to timely pay the vendor management fees when due; or
(d) Contractor breaches any representation or warranty provided herein.
16.7. SUSPENSION & TERMINATION FOR DEFAULT. Enterprise Services may suspend Contractor's
operations under this 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) calendar days from such a suspension notice,
STATEWIDE CONTRACT NO.22422—AMMUNITION 16
(Rev.2022-11-16)
Contractor remains in default, Enterprise Services may terminate Contractor's rights under
this Contract. All of Contractor's obligations to Enterprise Services and Purchasers survive
termination of Contractor's rights under this Contract, until such obligations have been
fulfilled.
16.8. REMEDIES FOR DEFAULT.
(a) Enterprise Services' rights to suspend and terminate Contractor's rights
under this Contract are in addition to all other available remedies.
(b) In 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 Ammunition. In 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 Contract price and the
replacement or cover price as well as any administrative and/or transaction
costs directly related to such replacement procurement—e.g.,the cost of the
competitive procurement.
16.9. LIMITATION 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; Provided, however, that nothing contained in this Section will in any way exclude
or limit: (a) a party's liability for all damages arising out of that party's intentional acts or
omissions; (b)the operation of any warranty provided in this Contract; or(c) damages subject
to the Intellectual Property Indemnity section of this Contract. Any limitation of either party's
obligations under this Contract, by delivery slips or other documentation is void.
16.10. SUSPENSION/TERMINATION 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
Ammunition that has been ordered and Purchasers shall inspect,accept,and pay for the same
in accordance with this 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.
16.11. PURCHASER PURCHASE ORDERS. Purchaser Orders may be terminated: (a) upon the mutual
written agreement of the parties; (b) by the non-breaching party where the breach is not
cured within thirty (30) calendar days after written notice of breach is delivered to the
breaching party, unless a different time for cure is otherwise stated in the applicable Purchase
Order;and (c) as otherwise expressly provided for in the applicable Purchase Order. Purchase
Orders shall terminate automatically and without further action if a party becomes insolvent
or is placed in receivership, reorganization, liquidation, or bankruptcy. In addition to any
other available remedies, the non-breaching party may terminate the Purchase Order as
provided in subsection (b)above without further liability by written notice to the breaching
party. A termination for breach will not affect rights or obligations accrued or owed before
the effective date of the termination notice.
17. PUBLIC INFORMATION&PUBLIC RECORDS DISCLOSURE REQUESTS.
17.1. WASHINGTON'S PUBLIC RECORDS ACT. Unless statutorily exempt from public disclosure, this
Contract and all related records are subject to public disclosure as required by Washington's
Public Records Act, RCW 42.56.
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17.2. CONTRACTOR OBLIGATION. Contractor shall identify and mark the precise portion(s) of the
relevant page(s) of any records provided to Enterprise Services that Contractor believes are
statutorily exempt from disclosure and identify the precise statutory basis for exemption from
disclosure. In addition, if, in Contractor's judgment, certain portions of such records are not
statutorily exempt from disclosure but are sensitive because particular portions of
Contractor's records (NOT including pricing) include highly confidential, proprietary, or trade
secret information (or the equivalent) that Contractor protects through the regular use of
confidentiality or similar agreements and routine enforcements through court enforcement
actions, Contractor shall identify and mark the precise portion(s) of the relevant page(s) of
any records that include such sensitive information.
17.3. ENTERPRISE SERVICES'OBLIGATION. In the event that Enterprise Services receives a public records
disclosure request pertaining to records that Contractor has submitted and marked either as
(a) statutorily exempt from disclosure;or(b) sensitive,Enterprise Services, prior to disclosure,
will do the following: Enterprise Services' Public Records Officer will review any records
marked by Contractor as statutorily exempt from disclosure. In those situations, where the
designation comports with the stated statutory exemption from disclosure, Enterprise
Services will redact or withhold the record(s) as appropriate. For records marked 'sensitive'
or for records where Enterprise Services determines that no statutory exemption to
disclosure applies or is unable to determine whether the stated statutory exemption to
disclosure properly applies, Enterprise Services will notify Contractor,at the address provided
in the Contract, of the public records disclosure request and identify the date that Enterprise
Services intends to release the record(s)(including records marked 'sensitive'or exempt from
disclosure)to the requester unless Contractor, at Contractor's sole expense, timely obtains a
court order enjoining Enterprise Services from such disclosure. In the event Contractor fails
to timely file a motion for a court order enjoining such disclosure, Enterprise Services will
release the requested record(s)on the date specified. Contractor's failure properly to identify
exempted or sensitive information or timely respond after notice of request for public
disclosure has been given shall be deemed a waiver by Contractor of any claim that such
records are exempt or protected from public disclosure.
18. GENERAL PROVISIONS.
18.1. TIME IS OF THE ESSENCE. Time Is Of the essence for each and every provision of this Contract.
18.2. COMPLIANCE WITH LAW. Contractor shall comply with all applicable law. Contractor shall Obtain
all necessary permits and approvals and give all stipulations, certifications, and
representations that may be required for it to perform this Contract.
18.3. ENTIRE AGREEMENT. This 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.
18.4. AMENDMENT OR MODIFICATION. Except as set forth herein, this Contract may not be amended
or modified except in writing and signed by a duly authorized representative of each party.
18.5. AUTHORITY. Each party to this 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 Contract and that its execution, delivery,and performance of this Contract has been fully
STATEWIDE CONTRACT NO.22422—AMMUNITION 18
(Rev.2022-11-16)
authorized and approved,and that no further approvals or consents are required to bind such
party.
18.6. 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 Contract. Neither party is an agent of the
other party nor authorized to obligate it.
18.7. INDEPENDENT CONTRACTOR. The parties intend that an independent contractor relationship is
created by this Contract. Contractor and its employees or agents performing under this
Contract are not employees or agents of Enterprise Services. Contractor shall not have
authorization, express or implied, to bind Enterprise Services to any agreement, liability, or
understanding, except as expressly set forth herein. Contractor and its employees and agents
are not entitled to unemployment insurance or worker's compensation benefits through
Enterprise Services or the State of Washington and Enterprise Services and the State of
Washington will not pay for or otherwise provide such coverage for Contractor and its
employees and agents.
18.8. ASSIGNMENT. Contractor may not assign its rights under this 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
(a) provides written notice to Enterprise Services within thirty (30) calendar days of such
event and (b)timely executes Enterprise Services' Assignment, Assumption, and Consent
Agreement, Contractor may assign its rights under this 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 Contract
notwithstanding any prior assignment of its rights.
18.9. BINDING EFFECT; SUCCESSORS &ASSIGNS. This Contract shall be binding upon and shall inure to
the benefit of the parties hereto and their respective successors and assigns.
18.10. ASSIGNMENT OF ANTITRUST RIGHTS REGARDING PURCHASED AMMUNITION. Contractor irrevocably
assigns to Enterprise Services, on behalf of the State of Washington, any claim for relief or
cause of action which Contractor now has or which may accrue to Contractor in the future by
reason of any violation of state or federal antitrust laws in connection with any Ammunition
provided in Washington for the purpose of carrying out Contractor's obligations under this
Contract, including, at Enterprise Services' option, the right to control any such litigation on
such claim for relief or cause of action.
18.11. FEDERAL FUNDS. To the extent that any Purchaser uses federal funds to purchase Ammunition
pursuant to this Contract,such Purchaser shall specify,with its Purchase Order,any applicable
requirement or certification that must be satisfied by Contractor at the time the Purchase
Order is placed or upon delivery of such Ammunition to Purchaser.
18.12. SEVERABIUTY. If any provision of this Contract is held to be invalid or unenforceable, such
provision shall not affect or invalidate the remainder of this Contract, and to this end the
provisions of this Contract are declared to be severable. If 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 Contract.
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(Rev.2022-11-16)
18.13. WAIVER. Failure of either party to insist upon the strict performance of any of the terms and
conditions hereof, or failure 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 Contract, nor shall any purported oral modification or rescission of this
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, representation, contract,
covenant, right, condition, or provision.
18.14. SURVIVAL. All representations, warranties, covenants, agreements, and indemnities set forth
in or otherwise made pursuant to this Contract shall survive and remain in effect following
the expiration or termination of this Contract, Provided, however, that nothing herein is
intended to extend the survival beyond any applicable statute of limitations periods.
18.15. GOVERNING LAW. The validity, construction, performance, and enforcement of this Contract
shall be governed by and construed in accordance with the laws of the State of Washington,
without regard to any choice of law principles that would provide for the application of the
laws of another jurisdiction.
18.16. JURISDICTION &VENUE. In the event that any action is brought to enforce any provision of this
Contract,the parties agree to exclusive 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.
18.17. ATTORNEYS' FEES. In the event of litigation or other action brought to enforce this Contract,
each party shall bear its own attorneys'fees and costs.
18.18. FAIR CONSTRUCTION & INTERPRETATION. The provisions of this 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 Contract. Each party hereto and its counsel has reviewed and revised this
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 Contract. Each term and provision of this Contract to be performed by either party shall
be construed to be both a covenant and a condition.
18.19. FURTHER ASSURANCES. In addition to the actions specifically mentioned in this Contract, the
parties shall each do whatever may reasonably be necessary to accomplish the transactions
contemplated in this Contract including, without limitation, executing any additional
documents reasonably necessary to effectuate the provisions and purposes of this Contract.
18.20. EXHIBITS. All exhibits referred to herein are deemed to be incorporated in this Contract in their
entirety.
18.21. CAPTIONS&HEADINGS. The captions and headings in this 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 Contract nor the meaning of any provisions hereof.
18.22. ELECTRONIC SIGNATURES. An electronic signature or electronic record of this Contract or any
other ancillary agreement shall be deemed to have the same legal effect as delivery of an
original executed copy of this Contract or such other ancillary agreement for all purposes.
STATEWIDE CONTRACT NO.22422—AMMUNITION 20
(Rev.2022-11-16)
18.23. COUNTERPARTS. This Contract may be executed in 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
Contract at different times and places by the parties shall not affect the validity thereof so
long as all the parties hereto execute a counterpart of this Contract.
EXECUTED as of the date and year first above written.
STATE OF WASHINGTON PROFORCE MARKETING,INC.
Department of Enterprise Services an Arizona Corporation
,-?,,� 'e fCa�Gee MrtcGc�a
By: By: Kav�reu;oe�agaez ,ISH
Elena McGrew Kaylee Mitchell
Its: Procurement Manager Its: Contract Specialist
STATEWIDE CONTRACT NO.22422—AMMUNITION 21
(Rev.2022-11-16)
EXHIBIT A
INCLUDED AMMUNITION AND PRICES
All Ammunition:
■ Shall be factory new, not reloaded or remanufactured
■ Shall meet the Sporting Arms and Manufacturer's Institute (SAAMI) requirements for technical
specifications,transportation, storage
HANDGUN AMMUNITION
# Manufacturer Bullet Style Product Name Product Caliber Grain Rounds Price
Code (SKU) per Case per Case
1 Aguila Full Metal Jacket AGUILA 1E097704 9 MM 115 1,000 $ 228.00
2 Aguila Full Metal Jacket AGUILA 1E092110 9 MM 124 1,000 $ 229.33
3 Aguila Full Metal Jacket AGUILA 1E382521 0.38 S 130 1,000 $ 366.22
4 Aguila Full Metal Jacket AGUILA 1E402110 0.40 180 1,000 $ 326.44
5 Aguila Full Metal Jacket AGUILA 1E452110 0.45 230 1,000 $ 372.00
6 Aguila SUPER AUTO+P FMJ AGUILA 1E382112 38 130 1000 $ 422.44
Super
7 Aguila SUBSONIC FMJ FN AGUILA 1E097719 9mm 147 1000 $ 262.89
8 Aguila JHP PRACTICE AGUILA 1E092125 9mm 124 500 $ 183.16
9 Aguila COLT SOFT POINT AGUILA 1E454319 45 Colt 200 500 $ 340.44
RIFLE AMMUNITION
# Manufacturer Bullet Style Product Name Product Caliber Grain Rounds Price
Code(SKU) per Case per Case
1 Aguila Full Metal Jacket AGUILA 1E223110 0.223 55 1000 $ 428.22
2 Aguila FMJ BT AGUILA 1E556110 5.56 62 1000 $ 432.89
3 Aguila AAC BLACKOUT FMJ AGUILA 1E300110 300 150 1000 $ 650.44
4 Aguila WIN FMJBT AGUILA 1E308110 308 150 500 $ 411.11
SHOTGUN AMMUNITION
# Manufacturer Bullet Style Product Name Product Caliber Pellet Rounds Price
Code(SKU) Count per Case per Case
1 AGUILA 00 Buck Shot AGUILA 1CHB1320 12 Gauge 9 250 $ 135.89
FORCE-ON-FORCE TRAINING AMMUNITION
# Bullet Style Product Product Code (SKU) Caliber Rounds Price
Name per Case per Case
1 Red Marking Cartridges UTM 01-0976 9 MM 1,000 $ 663.16
2 Blue Marking Cartridges UTM 01-0977 9 MM 1,000 $ 663.16
3 Yellow Marking Cartridges UTM 01-0979 9 MM 1,000 $ 800.00
4 Green Marking Cartridges UTM 01-0978 9 MM 1,000 $ 663.16
STATEWIDE CONTRACT NO.22422—AMMUNITION 22
(Rev.2022-11-16)
# Bullet Style Product Product Code (SKU) Caliber Rounds Price
Name per Case per Case
5 Red Marking Cartridges UTM 01-0971 0.223 900 $ 843.16
6 Blue Marking Cartridges UTM 01-0972 0.223 900 $ 843.16
7 Green Marking Cartridges UTM 01-0973 0.223 900 $ 843.16
8 Blank Round UTM (01-3090) 9 MM 1,000 $ 600.00
9 9mm SBR UTM 01-3089 9mm 1000 $ 515.79
10 9mm LBBR UTM 01-3130 9mm 1000 $ 684.21
11 9mm SMG MMR Red UTM 01-0981 9mm 1000 $ 821.05
12 9mm SMG MMR Blue UTM 01-0982 9mm 1000 $ 821.05
13 9mm SMG MMR Green UTM 01-0983 9mm 1000 $ 821.05
14 9mm SMG MMR Yellow UTM 01-0984 9mm 1000 $ 989.47
15 9mm NMR UTM 01-3100 9mm 1000 $ 663.16
16 9mm UTX Red UTM 01-3101 9mm 1000 $ 715.79
17 9mm UTX Blue UTM 01-3102 9mm 1000 $ 715.79
18 9mm UTX Green UTM 01-3103 9mm 1000 $ 715.79
19 9mm UTX Yellow UTM 01-3104 9mm 1000 $ 852.63
20 5.56mm SBR UTM 01-0856 5.56 900 $ 710.53
21 5.56mm BBR UTM 01-0963 5.56 900 $ 729.47
22 5.56mm LBBR UTM 01-3268 5.56 900 $ 900.00
23 5.56mm RVR Red UTM 01-0815 5.56 900 $ 871.58
24 5.56mm RVR Blue UTM 01-0816 5.56 900 $ 871.58
25 5.56mm RVR Green UTM 01-0817 5.56 900 $ 871.58
26 5.56mm RVR Yellow UTM 01-0818 5.56 900 $ 1,023.16
27 5.56mm MMR Yellow UTM 01-0974 5.56 900 $ 985.26
28 5.56mm TBR UTM 01-3125 5.56 900 $ 871.58
29 5.56mm NMR UTM 01-3097 5.56 900 $ 871.58
30 5.56mm FNC/SIG 551 MMR Red UTM 01-0753 5.56 900 $ 1,146.32
31 5.56mm FNC/SIG 551 MMR Blue UTM 01-0754 5.56 900 $ 1,146.32
32 5.56mm FNC/SIG 551 MMR Green UTM 01-0755 5.56 900 $ 1,146.32
33 5.56mm FNC/SIG 551 MMR Yellow UTM 01-0756 5.56 900 $ 1,146.32
34 5.56mm FNC/SIG 551 TBR UTM 01-3056 5.56 900 $ 1,146.32
35 5.56mm Linked SBR UTM 01-0770 5.56 1200 $ 1,427.37
36 5.56mm Linked LBBR UTM 01-3270 5.56 1200 $ 1,490.53
37 5.56mm Linked MMR Red UTM 01-3260 5.56 1200 $ 1,578.95
38 5.56mm Linked MMR Blue UTM 01-3261 5.56 1200 $ 1,578.95
39 5.56mm Linked MMR Green UTM 01-3262 5.56 1200 $ 2,058.95
40 5.56mm Linked MMR Yellow UTM 01-3263 5.56 1200 $ 2,058.95
41 5.56mm Linked TBR UTM 01-3047 5.56 1200 $ 1,578.95
STATEWIDE CONTRACT NO.22422-AMMUNITION 23
(Rev.2022-11-16)
EXHIBIT B
INSURANCE REQUIREMENTS
1. INSURANCE OBLIGATION. During the Term of this Contract, Contractor shall possess and maintain in
full force and effect, at Contractor's sole expense,the following insurance coverages:
a. COMMERCIAL GENERAL LIABILITY INSURANCE. Commercial general liability insurance
(and, if necessary,commercial umbrella liability insurance)covering bodily injury,
property damage, products/completed operations, personal injury, and
advertising injury liability on an 'occurrence form' that shall be no less
comprehensive and no more restrictive than the coverage provided by Insurance
Services Office (ISO) under the most recent version of form CG 00 01 in the
amount of not less than $1,000,000 per occurrence and $2,000,000 general
aggregate. This coverage shall include blanket contractual liability coverage. This
coverage shall include a cross-liability clause or separation of insured condition.
b. WORKERS' COMPENSATION INSURANCE. Contractor shall comply with applicable
Workers' Compensation or Industrial Accident insurance providing benefits as
required by law.
c. EMPLOYERS' LIABILITY (STOP GAP) INSURANCE. Employers' liability insurance (and, if
necessary, commercial umbrella liability insurance) with limits not less than
$1,000,000 each accident for bodily injury by accident, $1,000,000 each
employee for bodily injury by disease, and $1,000,000 bodily injury by disease
policy limit. The insurance coverage limits set forth herein are the minimum.
Contractor's insurance coverage 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.
Contractor waives all rights against the State of Washington for the recovery of
damages to the extent such damages are covered by any insurance required
herein.
d. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE(applicable If Contractor Uses a Vehicle
to access Purchasers' premises). 'Symbol 1' commercial automobile liability
coverage (and, if necessary, commercial umbrella liability insurance) including
coverage for all owned,hired,and non-owned vehicles. The combined single limit
per accident shall not be less than $1,000,000.
2. INSURANCE CARRIER RATING. Coverages provided by Contractor must be underwritten by an
insurance company deemed acceptable to the State of Washington's Office of Risk Management.
Insurance coverage shall be provided by companies authorized to do business within the State of
Washington and rated A- Class VII or better in the most recently published edition of Best's
Insurance Rating. Enterprise Services reserves the right to reject all or any insurance carrier(s)
with an unacceptable financial rating.
3. ADDITIONAL INSURED. Any required Commercial General Liability or Commercial Automobile
Liability shall include the State of Washington and all authorized Purchasers (and their agents,
officers, and employees) as Additional Insureds evidenced by copy of the Additional Insured
Endorsement attached to the Certificate of Insurance on such insurance policies.
STATEWIDE CONTRACT NO.22422—AMMUNITION 24
(Rev.2022-11-16)
4. CERTIFICATE OF INSURANCE. Prior to execution of the Contract, Contractor shall furnish to Enterprise
Services, as evidence of the insurance coverage required by this Contract, a certificate of
insurance satisfactory to Enterprise Services that insurance, in the above-stated kinds and
minimum amounts, has been secured. In addition, no less than ten (10) calendar days prior to
coverage expiration, Contractor shall furnish to Enterprise Services an updated or renewed
certificate of insurance, satisfactory to Enterprise Services, that insurance, in the above-stated
kinds and minimum amounts, has been secured. Failure to maintain or provide proof of
insurance, as required, will result in contract cancellation. All policies and certificates of
insurance shall include the Contract number stated on the cover of this Contract. All certificates
of Insurance and any related insurance documents shall be sent via email to Enterprise Services,
and shall be sent to the email address set forth below:
Email: DESContractsTeamFir@des.wa.gov
Note: For Email notice,the Email Subject line must state:
Contract Insurance Certificate—Contract No. 22422—Ammunition
5. PRIMARY COVERAGE. 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. SUBCONTRACTORS. Contractor shall include all subcontractors as insureds under all required
insurance policies. Alternatively, prior to utilizing any subcontractor, Contractor shall cause any
such subcontractor to provide insurance that complies with all applicable requirements of the
insurance set forth herein and shall furnish separate Certificates of Insurance and endorsements
for each 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 liability or responsibility.
7. WAIVER OF SUBROGATION. 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. NOTICE 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) calendar 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 Contract number stated on the cover of this Contract.
9. EXTENDED REPORTING PERIOD. If any required insurance coverage is on a claims-made basis (rather
than occurrence), Contractor shall maintain such coverage for a period of no less than three (3)
years following expiration or termination of the Contract.
* * * END OF INSURANCE REQUIREMENTS
STATEWIDE CONTRACT NO.22422—AMMUNITION 25
(Rev.2022-11-16)
WA 22422 Proforce Contract
Final Audit Report 2023-12-20
Created: 2023-12-19
By: Brad Strinfellow(Brad.Stringfellow@des.wa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAARNVRYpFEX2-w1VQhPvM03QIJPovSD13J
"WA 22422 Proforce Contract" History
s Document created by Brad Strinfellow (Brad.Stringfellow@des.wa.gov)
2023-12-19-0:53:45 AM GMT
Document emailed to kaylee.mitchell@proforceonline.com for signature
2023-12-19-0:54:21 AM GMT
s Email viewed by kaylee.mitchell@proforceonline.com
2023-12-20-5:17:04 PM GMT
c:5, Signer kaylee.mitchell@proforceonline.com entered name at signing as Kaylee Mitchell
2023-12-20-5:27:55 PM GMT
c-5 Document e-signed by Kaylee Mitchell (kaylee.mitchell@proforceonline.com)
Signature Date:2023-12-20-5:27:57 PM GMT-Time Source:server
Document emailed to Elena McGrew (elena.mcgrew@des.wa.gov)for signature
2023-12-20-5:27:58 PM GMT
Email viewed by Elena McGrew (elena.mcgrew@des.wa.gov)
2023-12-20-5:29:03 PM GMT
t:o Document e-signed by Elena McGrew (elena.mcgrew@des.wa.gov)
Signature Date:2023-12-20-6:06:12 PM GMT-Time Source:server
® Agreement completed.
2023-12-20-6:06:12 PM GMT
Adobe Acrobat Sign
Handgun Ammunition
# Manufacturer Bullet Style Product Name Product Code Caliber Grain Rounds Price
(SKU) per Case per Case
1 Aguila Full Metal Jacket AGUILA 1E097704 9 MM 115 1,000 $ 228.00
2 Aguila Full Metal Jacket AGUILA 1E092110 9 MM 124 1,000 $ 229.33
3 Aguila Full Metal Jacket AGUILA 1E382521 0.38 S 130 1,000 $ 366.22
4 Aguila Full Metal Jacket AGUILA 1E402110 0.40 180 1,000 $ 326.44
5 Aguila Full Metal Jacket AGUILA 1E452110 0.45 230 1,000 $ 372.00
6 Aguila SUPER AUTO+P FMJ AGUILA 1E382112 38 Super 130 1000 $ 422.44
7 Aguila SUBSONIC FMJ FN AGUILA 1E097719 9mm 147 1000 $ 262.89
8 Aguila JJHP PRACTICE AGUILA 1E092125 9mm 124 1 500 $ 183.16
9 1 Aguila ICOLT SOFT POINT AGUILA 1E454319 45 Colt 200 1 500 $ 340.44
Rifle Ammunition
# Manufacturer Bullet Style Product Name Product Code Caliber Grain Rounds Price
(SKU) per Case per Case
1 Aguila Full Metal Jacket AGUILA 1E223110 0.223 55 1000 $ 428.22
2 Aguila FMJ BT AGUILA 1E556110 5.56 62 1000 $ 432.89
3 Aguila AAC BLACKOUT FMJ AGUILA 1E300110 300 150 1000 $ 650.44
4 1 Aguila IWIN FMJBT AGUILA 1E308110 308 150 500 $ 411.11
Shotgun Ammunition
# Manufacturer Bullet Style Product Name Product Code Caliber Pellet Rounds Price
(SKU) Count per Case per Case
1 AGUILA 00 Buck Shot AGUILA 1CHB1320 12 Gauge 9 250 $ 135.89
Force-on-Force Ammunition
# Product Rounds Price
Bullet Style Product Name Code (SKU) Caliber per Case per Case
1 Red Marking Cartridges UTM 01-0976 9 MM 1,000 $ 663.16
2 Blue Marking Cartridges UTM 01-0977 9 MM 1,000 $ 663.16
3 Yellow Marking Cartridges UTM 01-0979 9 MM 1,000 $ 800.00
4 Green Marking Cartridges UTM 01-0978 9 MM 1,000 $ 663.16
5 Red Marking Cartridges UTM 01-0971 0.223 900 $ 843.16
6 Blue Marking Cartridges UTM 01-0972 0.223 900 $ 843.16
7 Green Marking Cartridges UTM 01-0973 0.223 900 $ 843.16
8 Blank Round UTM (01-3090) 9 MM 1,000 $ 600.00
9 9mm SBR UTM 01-3089 9mm 1000 $ 515.79
10 9mm LBBR UTM 01-3130 9mm 1000 $ 684.21
11 9mm SMG MMR Red UTM 01-0981 9mm 1000 $ 821.05
12 9mm SMG MMR Blue UTM 01-0982 9mm 1000 $ 821.05
13 9mm SMG MMR Green UTM 01-0983 9mm 1000 $ 821.05
14 9mm SMG MMR Yellow UTM 01-0984 9mm 1000 $ 989.47
15 9mm NMR UTM 01-3100 9mm 1000 $ 663.16
16 9mm UTX Red UTM 01-3101 9mm 1000 $ 715.79
17 9mm UTX Blue UTM 01-3102 9mm 1000 $ 715.79
18 9mm UTX Green UTM 01-3103 9mm 1000 $ 715.79
19 9mm UTX Yellow UTM 01-3104 9mm 1000 $ 852.63
20 5.56mm SBR UTM 01-0856 5.56 900 $ 710.53
21 5.56mm BBR UTM 01-0963 5.56 900 $ 729.47
22 5.56mm LBBR UTM 01-3268 5.56 900 $ 900.00
23 5.56mm RVR Red UTM 01-0815 5.56 900 $ 871.58
24 5.56mm RVR Blue UTM 01-0816 5.56 900 $ 871.58
25 5.56mm RVR Green UTM 01-0817 5.56 900 $ 871.58
26 5.56mm RVR Yellow UTM 01-0818 5.56 900 $ 1,023.16
27 5.56mm MMR Yellow UTM 01-0974 5.56 900 $ 985.26
28 5.56mm TBR UTM 01-3125 5.56 900 $ 871.58
29 5.56mm NMR UTM 01-3097 5.56 900 $ 871.58
30 5.56mm FNC/SIG 551 MMR Red UTM 01-0753 5.56 900 $ 1,146.32
31 5.56mm FNC/SIG 551 MMR Blue UTM 01-0754 5.56 900 $ 1,146.32
32 5.56mm FNC/SIG 551 MMR Green UTM 01-0755 5.56 900 $ 1,146.32
33 5.56mm FNC/SIG 551 MMR Yellow UTM 01-0756 5.56 900 $ 1,146.32
34 5.56mm FNC/SIG 551 TBR UTM 01-3056 5.56 900 $ 1,146.32
35 5.56mm Linked SBR UTM 01-0770 5.56 1200 $ 1,427.37
36 5.56mm Linked LBBR UTM 01-3270 5.56 1200 $ 1,490.53
37 5.56mm Linked MMR Red UTM 01-3260 5.56 1200 $ 1,578.95
38 5.56mm Linked MMR Blue UTM 01-3261 5.56 1200 $ 1,578.95
39 5.56mm Linked MMR Green UTM 01-3262 5.56 1200 $ 2,058.95
40 5.56mm Linked MMR Yellow UTM 01-3263 5.56 1200 $ 2,058.95
41 5.56mm Linked TBR UTM 01-3047 5.56 1200 $ 1,578.95