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HomeMy WebLinkAboutCAG2024-106 - Original - International Cartridge Corporation (ICC) - 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 No�✓ 10002100.63170.3310 Budget?❑✓ Yes[E]No Type: N/A Vendor Name: Category: International Cartridge Corporationol Contract Vendor Number: Sub-Category: Original 0 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 CAG2024-106 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—INTERNATIONAL;RIFLE—INTERNATIONAL;SHOTGUN—INTERNATIONAL For Use by Eligible Purchasers By and Between STATE OF WASHINGTON DEPARTMENT OF ENTERPRISE SERVICES and INTERNATIONAL CARTRIDGE CORPORATION Dated January 1, 2024 STATEWIDE CONTRACT No. 22422 AMMUNITION CATEGORIES: HANDGUN—INTERNATIONAL;RIFLE—INTERNATIONAL;SHOTGUN—INTERNATIONAL 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 International Cartridge Corporation, a Pennsylvania 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 amendment, for up to thirty-six (36) additional months. Such extension amendment shall be on the STATEWIDE CONTRACT NO.22422—AMMUNITION 1 (Rev.2022-11-16) 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 ■ Evergreen State College; STATEWIDE CONTRACT NO.22422—AMMUNITION 2 (Rev.2022-11-16) ■ 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, as applicable. If an index becomes unavailable, Enterprise Services shall substitute a proxy STATEWIDE CONTRACT NO.22422—AMMUNITION 3 (Rev.2022-11-16) 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- STATEWIDE CONTRACT NO.22422—AMMUNITION 10 (Rev.2022-11-16) 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: Michael J. Hoskavich Washington Dept. of Enterprise Services International Cartridge Corporation PO Box 41411 2273 Route 310 Olympia, WA 98504-1411 Reynoldsville, PA 15851 Tel: (360)407-9411 (Direct) Tel: (814) 938-6820 (360)407-2213 (Team Line) Email: mikeh@iccammo.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: Ryan J. Forsythe Washington Dept. of Enterprise Services International Cartridge Corporation PO Box 41411 2273 Route 310 Olympia, WA 98504-1411 Reynoldsville, PA 15851 Email: greg.tolbert@des.wa.gov Email: ryan@iccammo.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. STATEWIDE CONTRACT NO.22422—AMMUNITION 11 (Rev.2022-11-16) 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 STATEWIDE CONTRACT NO.22422—AMMUNITION 12 (Rev.2022-11-16) 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 STATEWIDE CONTRACT NO.22422—AMMUNITION 13 (Rev.2022-11-16) 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, STATEWIDE CONTRACT NO.22422—AMMUNITION 14 (Rev.2022-11-16) 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. STATEWIDE CONTRACT NO.22422—AMMUNITION 17 (Rev.2022-11-16) 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. STATEWIDE CONTRACT NO.22422—AMMUNITION 19 (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 INTERNATIONAL CARTRIDGE CORPORATION, Department of Enterprise Services a Pennsylvania Corporation By: By: �am ( 2gU12 , 3os]L51) Elena McGrew Ryan J. Forsythe Its: Procurement Manager Its: President and CEO 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 Product Code Caliber Grain Rounds Price Name (SKU) per Case per Case 1 International Copper-polymer Frangible Gold Elite 009-09OPTR-M 9mm 90 1000 $ 501.73 2 International Copper-polymer Frangible Gold Elite 009-098PTR-M 9mm 98 1000 $ 501.73 3 International Copper-Tin Frangible Gold Elite 009-10OXFP-M 9mm 100 1000 $ 482.26 4 International Copper-polymer Frangible Gold Elite 045-155PTR-M .45 155 1000 $ 645.43 ACP 5 International Copper-Tin Frangible Gold Elite 045-155XFP-M .45 155 1000 $ 600.80 ACP HANDGUN AMMUNITION, LEAD-FREE (GREEN) Manufacturer Bullet Style Product Name Product Code Caliber Grain Rounds Price (SKU) per Case per Case International Copper-polymer Frangible Green Elite 009-090PNT-M 9mm 90 1,000 $ 523.22 International Copper-polymer Frangible Green Elite 009-098PNT-M 9mm 98 1,000 $ 523.22 International Copper-Tin Frangible Green Elite 009-10OCTNT-M 9mm 100 1,000 $ 503.75 International Copper-polymer Frangible Green Elite 045-155PNT-M .45 155 1,000 $ 625.05 ACP International Copper-Tin Frangible Green Elite 045-155CTNT-M .45 155 1,000 $ 587.23 ACP STATEWIDE CONTRACT NO.22422—AMMUNITION 22 (Rev.2022-11-16) RIFLE AMMUNITION # Manufacturer Bullet Style Product Product Code (SKU) Caliber Grain Rounds Price Name per Case per Case 1 International Copper-Polymer Frangible Green 223-045HVPNT-M 0.223 45 1000 $ 696.78 Elite 2 International Copper-Polymer Frangible Gold Elite 223-045HVPTR-M 0.223 45 1000 $ 682.01 3 International Copper-Polymer Frangible Gold Elite 223-045PTR-M 0.223 45 1000 $ 681.08 4 International Copper-Polymer Frangible Gold Elite 223-050JPTR-M 0.223 50 1000 $ 733.41 5 International Jacketed Open Tip Frang. Gold Elite 223-055JOT-M 0.223 55 1000 $ 880.67 6 International Jacketed Open Tip Frang. Gold Elite 223-062JOT-M 0.223 62 1000 $ 893.60 7 International Jacketed Open Tip Frang. Green 223-062JOTNT-M 0.223 62 1000 $ 908.37 Elite 8 International Copper-Polymer Frangible Green 300BLK-100PNT-M 300BLK 100 1000 $ 848.81 Elite 9 International Copper-Polymer Frangible Gold Elite 300BLK-10OPTR-M 300BLK 100 1000 $ 803.27 10 International Copper-Polymer Frangible Green 300BLK-108JPNT-M 300BLK 108 1000 $ 938.63 Elite 11 International Copper-Polymer Frangible Gold Elite 300BLK-108JPTR-M 300BLK 108 1000 $ 923.88 12 International Jacketed Open Tip Frang. Gold Elite 300BLK-110JOT-M 300BLK 110 1000 $ 1,236.92 LEAD-FREE RIFLE AMMUNITION (GREEN) Manufacturer Bullet Style Caliber Grain Product Product Code (SKU) Rounds Price Per Name per Case Case International Non-Toxic Frangible 0.223 42 Green Elite 223-045PNT-M 1000 $ 695.85 International Frangible 0.223 55 Green Elite 223-055JOTNT-M 1000 $ 893.55 International Jacketed Soft Point 0.223 55 Green Elite 223-050JPNT-M 1000 $ 750.55 Frangible International CX TAP HEAVY 0.308 165 Green Elite 308-140JOTNT-M 1000 $ 1,271.75 BARRIER International GMX TAP 300 110 Green Elite 300BLK-110JOTNT-M 1000 $ 1,251.70 Blackout STATEWIDE CONTRACT NO.22422—AMMUNITION 23 (Rev.2022-11-16) SHOTGUN AMMUNITION # Manufacturer Bullet Style Product Name Product Code Caliber Pellet Rounds Price (SKU) Count per Case per Case 1 International Breaching Slug Duty and Defense 012-325BRE-C 12 ga 1 250 $ 390.81 2 International 00 Buck Duty and Defense 012-008SHT-C 12 ga 8 250 $ 675.00 SHOTGUN AMMUNITION, LEAD-FREE(GREEN) # Manufacturer Bullet Style Product Name Product Code Caliber Pellet Shells Price Per (SKU) Count per Case Case 1 International LIGHT MAG 00 BUCK Duty and Defense 012-009SHT-C 12 Gauge 9 250 $ 390.91 2 International LIGHT MAG SLUG Duty and Defense 012-325SLG-C 12 Gauge 1 250 $ 392.69 STATEWIDE CONTRACT NO.22422—AMMUNITION 24 (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 25 (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 26 (Rev.2022-11-16) WA 22422 I CC Contract Final Audit Report 2023-12-19 Created: 2023-12-19 By: Brad Strinfellow(Brad.Stringfellow@des.wa.gov) Status: Signed Transaction ID: CBJCHBCAABAAhdb1rf72lumVfg8bPyKtCwXrs34eJhfJ "WA 22422 ICC Contract" History s Document created by Brad Strinfellow (Brad.Stringfellow@des.wa.gov) 2023-12-19-0:50:46 AM GMT Document emailed to Ryan Forsythe (ryan@iccammo.com)for signature 2023-12-19-0:51:22 AM GMT s Email viewed by Ryan Forsythe (ryan@iccammo.com) 2023-12-19-2:27:41 PM GMT c:5o Document e-signed by Ryan Forsythe (ryan@iccammo.com) Signature Date:2023-12-19-2:37:24 PM GMT-Time Source:server Document emailed to Elena McGrew (elena.mcgrew@des.wa.gov)for signature 2023-12-19-2:37:25 PM GMT `1 Email viewed by Elena McGrew (elena.mcgrew@des.wa.gov) 2023-12-19-4:45:27 PM GMT Document e-signed by Elena McGrew (elena.mcgrew@des.wa.gov) Signature Date:2023-12-19-6:18:48 PM GMT-Time Source:server Agreement completed. 2023-12-19-6:18:48 PM GMT Adobe Acrobat Sign Handgun Ammunition # Manufacturer Bullet Style Product Name Product Code Caliber Grain Rounds Price (SKU) per Case per Case 1 International Copper-polymer Frangible Gold Elite 009-090PTR-M 9mm 90 1000 $ 501.73 2 International Copper-polymer Frangible Gold Elite 009-098PTR-M 9mm 98 1000 $ 501.73 3 International Copper-Tin Frangible Gold Elite 009-10OXFP-M 9mm 100 1000 $ 482.26 4 International Copper-polymer Frangible Gold Elite 045-155PTR-M .45 ACP 155 1000 $ 645.43 5 1 International Copper-Tin Frangible Gold Elite 045-155XFP-M .45 ACP 155 1000 $ 600.80 ' "ICT110 N qgg : 1 Manufacturer Bullet Style Description Product Name Product Code (SKU) Caliber Grain Rounds Price per Case per Case International Copper-polymer Frangible Green Elite 009-090PNT-M 9mm 90 1,000 $ 523.22 International Copper-polymer Frangible Green Elite 009-098PNT-M 9mm 98 1,000 $ 523.22 International Copper-Tin Frangible Green Elite 009-10OCTNT-M 9mm 100 1,000 $ 503.75 International Copper-polymer Frangible Green Elite 045-155PNT-M .45 ACP 155 1,000 $ 625.05 International Copper-Tin Frangible Green Elite 045-155CTNT-M .45 ACP 155 1,000 $ 587.23 Rifle Ammunition # Manufacturer Bullet Style Product Name Product Code(SKU) Caliber Grain Rounds Price per Case per Case 1 International Copper-Polymer Frangible Green Elite 223-045HVPNT-M 0.223 45 1000 $ 696.78 2 International Copper-Polymer Frangible Gold Elite 223-045HVPTR-M 0.223 45 1000 $ 682.01 Copper-Polymer Frangible Gold Elite 223-045PTR-M 3 International 0.223 45 1000 $ 681.08 4 International Copper-Polymer Frangible Gold Elite 223-050JPTR-M 0.223 50 1000 $ 733.41 5 International Jacketed Open Tip Frang. Gold Elite 223-055JOT-M 0.223 55 1000 $ 880.67 6 International Jacketed Open Tip Frang. Gold Elite 223-062JOT-M 0.223 62 1000 $ 893.60 7 International Jacketed Open Tip Frang. Green Elite 223-062JOTNT-M 0.223 62 1000 $ 908.37 8 International Copper-Polymer Frangible Green Elite 300BLK-100PNT-M 300BLK 100 1000 $ 848.81 9 International Copper-Polymer Frangible Gold Elite 300BLK-100PTR-M 300BLK 100 1000 $ 803.27 10 International Copper-Polymer Frangible Green Elite 300BLK-108JPNT-M 300BLK 108 1000 $ 938.63 11 International Copper-Polymer Frangible Gold Elite 300BLK-108JPTR-M 300BLK 108 1000 $ 923.88 12 International 1.1acketed Open Tip Frang. Gold Elite 300BLK-110JOT-M 300BLK 110 1000 $ 1,236.92 Manufacturer Bullet Style(or equal) Caliber Grain Product Name Product Code(SKU) Rounds Price Per per Case Case International Non-Toxic Frangible 0.223 42 Green Elite 223-045PNT-M 1000 $ 695.85 International Frangible 0.223 55 Green Elite 223-055JOTNT-M 1000 $ 893.55 International Jacketed Soft Point Frangible 0.223 55 Green Elite 223-050JPNT-M 1000 $ 750.55 International CX TAP HEAVY BARRIER 0.308 165 Green Elite 308-140JOTNT-M 1000 $ 1,271.75 International JGIVXTAP 300 Blackout 1 110 Green Elite 300BLK-110JOTNT-M 1000 $ 1,251.70 Shotgun Ammunition # Manufacturer Bullet Style Product Name Product Code Caliber Pellet Rounds Price (SKU) Count per Case per Case 1 International Breaching Slug Duty and Defense 012-325BRE-C 12 ga 1 250 $ 390.81 2 International 100 Buck Duty and Defense I 012-008SHT-C 12 ga 8 250 $ 675.00 (SHOTGUN,LE GREEN) E # Manufacturer Bullet Style(or equal) Product Name Product Code(SKU) Caliber Pellet Shells per Price Per Count Case Case 1 International LIGHT MAG 00 BUCK Duty and Defense 012-009SHT-C 12 Gauge 9 250 $ 390.91 2 linternational LIGHT MAG SLUG Duty and Defense 012-325SLG-C 12 Gauge 1 250 $ 392.69