16061-CONTRACT - FX TACTICAL.PDF
Extracted text (via pymupdf_layout)
72506 characters
SERIAL 16061-RFP
CONTRACT PURSUANT TO RFP
SERIAL 16061-RFP
This Contract is entered into this 5 th day of October, 2016 by and between Maricopa County ("County"), a political
subdivision of the State of Arizona, and FX Tactical, LLC, an Arizona corporation ("Contractor") for the purchase
of Body Armor..
1.0 CONTRACT TERM:
1.1 This Contract is for a term of three (3) years, beginning on the 5 th day of October, 2016 and
ending the 30th day of September, 2019.
The County may, at its option and with the concurrence of the Contractor, renew the term of this
Contract up to a maximum of two (2) additional years, (or at the County's sole discretion, extend
the contract on a month to month basis for a maximum of six (6) months after expiration). The
Contractor shall be notified in writing by the Office of Procurement Services of the County's
intention to renew the contract term at least thirty (60) calendar days prior to the expiration of the
original contract term..
2.0 FEE ADJUSTMENTS:
2.1 Any request for a fee adjustment must be submitted sixty (60) days prior to the current Contract
Annual Anniversary date. Requests for adjustment in cost of labor and/or materials must be
supported by appropriate documentation. If County agrees to the adjusted fee, County shall issue
written approval of the change. The reasonableness of the request will be determined by
comparing the request with the (Consumer Price Index) or by performing a market survey.
3.0 PAYMENTS:
3.1 As consideration for performance of the duties described herein, County shall pay Contractor the
sum(s) stated in Exhibit "A."
3.2 Payment shall be made upon the County's receipt of a properly completed invoice.
3.3 INVOICES:
3.3.1 The Contractor shall submit one (1) legible copy of their detailed invoice before
payment(s) can be made. Incomplete invoices will not be processed. At a minimum, the
invoice must provide the following information:
Company name, address and contact
County bill-to name and contact information
Contract Serial Number
County purchase order number
Invoice number and date
Payment terms
Date of delivery
SERIAL 16061-RFP
Quantity (number of days or weeks)
Contract Item number(s)
Description of Purchase (product or services)
Pricing per unit of purchase
Total Amount Due
3.3.2 Problems regarding billing or invoicing shall be directed to the using agency as listed on
the Purchase Order.
3.3.3 Payment shall be made to the Contractor by Accounts Payable through the Malicopa
County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT)
process. After Contract Award the Contractor shall complete the Vendor Registration
Form located on the County Department of Finance Vendor Registration Web Site
(http://www.maricopa.gov/FinanceNendors.aspx).
3.3.4 Discounts offered in the contract shall be calculated based on the date a properly
completed invoice is received by the County (ROI).
3.3.5 EFT payments to the routing and account numbers designated by the Contractor will
include the details on the specific invoices that the payment covers. The Contractor is
required to discuss remittance delivery capabilities with their designated fmancial
institution for access to those details.
3.4 APPLICABLE TAXES:
3.4.1 Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any
installation labor on items that are not attached to real property performed by Contractor
under the terms of this Contract, the installation labor cost and the gross receipts for
materials provided shall be listed separately on the Contractor's invoices.
3.4.2 State and Local Transaction Privilege Taxes: Maricopa County is subject to all
applicable state and local transaction privilege taxes. To the extent any state and local
transaction privilege taxes apply to sales made under the terms of this contract it is the
responsibility of the seller to collect and remit all applicable taxes to the proper taxing
jurisdiction of authority.
3.4.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, state, and
local taxes applicable to its operation and any persons employed by the Contractor.
Contractor shall, and require all subcontractors to hold Maricopa County harmless from
any responsibility for taxes, damages and interest, if applicable, contributions required
under Federal, and/or state and local laws and regulations and any other costs including
transaction privilege taxes, unemployment compensation insurance, Social Security and
Worker's Compensation.
3.5 TAX: (SERVICES)
No tax shall be levied against labor. It is the responsibility of the Contractor to determine any and
all taxes and include the same in proposal price.
3.6 STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE):
3.6.1 The County is a member of the $AVE cooperative purchasing group. $AVE includes the
State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified
school districts. Under the SAVE Cooperative Purchasing Agreement, and with the
concurrence of the successful Respondent under this solicitation, a member of SAVE
may access a contract resulting from a solicitation issued by the County.
SERIAL 16061-REP
3.7 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA' s)
3.7.1 County currently holds ICPA' s with numerous governmental entities throughout the State
of Arizona. These agreements allow those entities, with the approval of the Contractor,
to purchase their requirements under the terms and conditions of the County Contract.
Please indicate on Attachment A, your acceptance or rejection regarding such
participation of other governmental entities. Your response will not be considered as an
evaluation factor in awarding a contract
3.8 VOLUNTARY EMPLOYEE DISCOUNTS
3.8.1 Vendors may voluntarily offer discounts to County employees for products or services
provided under this contract. Whether a vendor offers or does not offer an employee
discount is not a factor in nor considered in the evaluation of responses to this
solicitation.
3.8.2 Any discount offered is part of a commercial transaction between the vendor and
individual County employees and the County is not a party to the transaction. Any
disputes or issues arising from an individual commercial transaction between the vendor
and an individual County employee are a matter between the vendor and the employee.
If a discount is offered, the terms will be announced to County employees.
4M AVAILABILITY OF FUNDS:
4.1 The provisions of this Contract relating to payment for services shall become effective when funds
assigned for the purpose of compensating the Contractor as herein provided are actually available
to County for disbursement. The County shall be the sole judge and authority in determining the
availability of funds under this Contract. County shall keep the Contractor fully informed as to the
availability of funds.
4.2 If any action is taken by any state agency, Federal department or any other agency or
instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection
with, this Contract, County may amend, suspend, decrease, or terminate its obligations under, or in
connection with, this Contract. In the event of termination, County shall be liable for payment
only for services rendered prior to the effective date of the termination, provided that such services
are performed in accordance with the provisions of this Contract. County shall give written notice
of the effective date of any suspension, amendment, or termination under this Section, at least ten
(10) days in advance.
5.0 DUTIES:
5.1 The Contractor shall perform all duties stated in Exhibit "B", or as otherwise directed in writing
by the Procurement Officer.
5.2 During the Contract term, County may provide Contractor's personnel with adequate workspace
for consultants and such other related facilities as may be required by Contractor to carry out its
contractual obligations.
6.0 I ERMS and CONDITIONS:
6.1 INDEMNIFICATION:
To the fullest extent permitted by law, and to the extent that claims, damages, losses or expenses
are not covered and paid by insurance purchased by the Contractor, the Contractor shall defend
indemnify and hold harmless the County (as Owner), its agents, representatives, agents, officers,
directors, officials, and employees from and against all claims, damages, losses, and expenses
(including, but not limited to attorneys' fees, court costs, expert witness fees, and the costs and
attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted from the
negligent acts, errors, omissions, or mistakes relating to the performance of this Contract.
SERIAL 16061-RFP
Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives,
agents, officers, directors, officials, and employees shall arise in connection with any claim,
damage, loss, or expense that is attributable to bodily injury, sickness, disease, death or injury to,
impairment of, or destruction of tangible property, including loss of use resulting there from,
caused by negligent acts, errors, omissions, or mistakes in the performance of this Contract, but
only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, any
one directly or indirectly employed by them, or anyone for whose acts they may be liable,
regardless of whether or not such claim, damage, loss, or expense is caused in part by a party
indemnified hereunder.
The amount and type of insurance coverage requirements set forth herein will in no way be
construed as limiting the scope of the indemnity in this paragraph.
The scope of this indemnification does not extend to the sole negligence of County.
6.2 INSURANCE:
6.2.1 Contractor, at Contractor's own expense, shall purchase and maintain the herein
stipulated minimum insurance from a company or companies duly licensed by the State
of Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of
Arizona licensing, the stipulated insurance may be purchased from a company or
companies, which are authorized to do business in the State of Arizona, provided that
said insurance companies meet the approval of County. The form of any insurance
policies and forms must be acceptable to County.
6.2.2 All insurance required herein shall be maintained in full force and effect until all work or
service required to be performed under the terms of the Contract is satisfactorily
completed and formally accepted. Failure to do so may, at the sole discretion of County,
constitute a material breach of this Contract.
6.2.3 Contractor's insurance shall be primary insurance as respects County, and any insurance
or self-insurance maintained by County shall not contribute to it.
6.2.4 Any failure to comply with the claim reporting provisions of the insurance policies or any
breach of an insurance policy warranty shall not affect the County's right to coverage
afforded under the insurance policies.
6.2.5 The insurance policies may provide coverage that contains deductibles or self-insured
retentions. Such deductible and/or self-insured retentions shall not be applicable with
respect to the coverage provided to County under such policies. Contractor shall be
solely responsible for the deductible and/or self-insured retention and County, at its
option, may require Contractor to secure payment of such deductibles or self-insured
retentions by a surety bond or an irrevocable and unconditional letter of credit.
6.2.6 The insurance policies required by this Contract, except Workers' Compensation and
Errors and Omissions, shall name County, its agents, representatives, officers, directors,
officials and employees as Additional Insureds.
6.2.7 The policies required hereunder, except Workers' Compensation and Errors and
Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against
County, its agents, representatives, officers, directors, officials and employees for any
claims arising out of Contractor's work or service.
6.2.8 Commercial General Liability.
Commercial General Liability insurance and, if necessary, Commercial Umbrella
insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000
Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit.
SERIAL 16061-RFP
The policy shall include coverage for premises liability, bodily injury, broad form
property damage, personal injury, products and completed operations and blanket
contractual coverage, and shall not contain any provisions which would serve to limit
third party action over claims. There shall be no endorsement or modifications of the
COL limiting the scope of coverage for liability arising from explosion, collapse, or
underground property damage.
6.2.9 Automobile Liability.
Commercial/Business Automobile Liability insurance and, if necessary, Commercial
Umbrella insurance with a combined single limit for bodily injury and property damage
of not less than $1,000,000 each occurrence with respect to any of the Contractor's
owned, hired, and non-owned vehicles assigned to or used in performance of the
Contractor's work or services or use or maintenance of the Premises under this Contract.
6.2.10 Certificates of Insurance.
6.2.10.1 Prior to Contract AWARD, Contractor shall furnish the County with valid and
complete certificates of insurance, or formal endorsements as required by the
Contract in the form provided by the County, issued by Contractor's insurer(s),
as evidence that policies providing the required coverage, conditions and limits
required by this Contract are in full force and effect. Such certificates shall
identify this contract number and title.
6.2.10.2 In the event any insurance policy (ies) required by this contract is (are) written
on a "claims made" basis, coverage shall extend for two years past completion
and acceptance of Contractor's work or services and as evidenced by annual
Certificates of Insurance.
6.2.10.3 If a policy does expire during the life of the Contract, a renewal certificate must
be sent to County fifteen (15) days prior to the expiration date.
6.3 FORCE MAJEURE
6.3.1 Neither party shall be liable for failure of performance, nor incur any liability to the other
party on account of any loss or damage resulting from any delay or failure to perform all
or any part of this Contract if such delay or failure is caused by events, occurrences, or
causes beyond the reasonable control and without negligence of the parties. Such events,
occurrences, or causes will include Acts of God/Nature (including fire, flood, earthquake,
storm, hurricane or other natural disaster), war, invasion, act of foreign enemies,
hostilities (whether war is declared or not), civil war, riots, rebellion, revolution,
insurrection, military or usurped power or confiscation, terrorist activities,
nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike,
interruption or failure of electricity or telecommunication service.
6.3.2 Each party, as applicable, shall give the other party notice of its inability to perform and
particulars in reasonable detail of the cause of the inability. Each party must use best
efforts to remedy the situation and remove, as soon as practicable, the cause of its
inability to perform or comply.
6.3.3 The party asserting Force Majeure as a cause for non-performance shall have the burden
of proving that reasonable steps were taken to minimize delay or damages caused by
foreseeable events, that all non-excused obligations were substantially fulfilled, and that
the other party was timely notified of the likelihood or actual occurrence which would
justify such an assertion, so that other prudent precautions could be contemplated.
6.3.4 The County shall reserve the right to terminate this Contract and/or any applicable order
or contract release purchase order upon non-performance by Contractor. The County
shall reserve the right to extend the Contract and time for performance at its discretion.
SERIAL 16061-RFP
6.4 REQUIREMENTS CONTRACT:
6.4.1 Contractors signify their understanding and agreement by signing a bid submittal, that the
Contract resulting from the bid is a requirements contract. However, the Contract does
not guarantee any minimum or maximum number of purchases will be made. It only
indicates that if purchases are made for the materials or services contained in the
Contract, they will be purchased from the Contractor awarded that item if the Contractor
can meet all the delivery requirements of the County. Orders will only be placed when
the County identifies a need and proper authorization and documentation have been
approved.
6.4.2 County reserves the right to cancel Purchase Orders within a reasonable period of time
after issuance. Should a Purchase Order be canceled, the County agrees to reimburse the
Contractor for actual and documentable costs incurred by the Contractor in response to
the Purchase Order. The County will not reimburse the Contractor for any costs incurred
after receipt of County notice of cancellation, or for lost profits, shipment of product prior
to issuance of Purchase Order, etc.
6.4.3 Contractors agree to accept verbal notification of cancellation of Purchase Orders from
the County Procurement Officer with written notification to follow. By submitting a bid
in response to this Invitation for Bids, the Contractor specifically acknowledges to be
bound by this cancellation policy.
6.5 SUSPENSION OF WORK
The Procurement Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or
any part of the work of this contract for the period of time that the Procurement Officer determines
appropriate for the convenience of the County. No adjustment shall be made under this clause for
any suspension, delay, or interruption to the extent that performance would have been so
suspended, delayed, or interrupted by any other cause, including the fault or negligence of the
Contractor. No request for adjustment under this clause shall be granted unless the claim, in an
amount stated, is asserted in writing as soon as practicable after the termination of the suspension,
delay, or interruption, but not later than the date of final payment under the contract.
6.6 STOP WORK ORDER
The Procurement Officer may, at any time, by written order to the Contractor, require the
Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days
after the order is delivered to the Contractor, and for any further period to which the parties may
agree. The order shall be specifically identified as a stop work order issued under this clause.
Upon receipt of the order, the Contractor shall immediately comply with its terms and take all
reasonable steps to minimize the incurrence of costs allocable to the work covered by the order
during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to
the Contractor, or within any extension of that period to which the parties shall have agreed, the
Procurement Officer shall either-
6.6.1 Cancel the stop-work order; or
6.6.2 Terminate the work covered by the order as provided in the Default, or the Termination
for Convenience of the County, clause of this contract.
6.6.3 The Procurement Officer may make an equitable adjustment in the delivery schedule
and/or contract price, or otherwise, and the contract shall be modified, in writing,
accordingly, if the Contractor demonstrates that the stop work order resulted in an
increase in costs to the Contractor.
6.7 UNCONDITIONAL lERMINATION FOR CONVENIENCE:
Maiicopa County may terminate the resultant Contract for convenience by providing sixty (60)
calendar days advance notice to the Contractor.
SERIAL 16061-RFP
6.8 TERMINATION FOR DEFAULT:
The County may, by written notice of default to the Contractor, terminate this contract in whole or
in part if the Contractor fails to
6.8.1 Deliver the supplies or to perform the services within the time specified in this contract or
any extension;
6.8.2 Make progress, so as to endanger performance of this contract; or
6.8.3 Perform any of the other provisions of this contract.
6.8.4 The County's right to terminate this contract under these subparagraph may be exercised
if the Contractor does not cure such failure within 10 days (or more if authorized in
writing by the County) after receipt of the notice from the Procurement Officer
specifying the failure.
6.9 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF IN ILREST:
Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without
penalty or further obligation within three years after execution of the contract, if any person
significantly involved in initiating, negotiating, securing, drafting or creating the contract on
behalf of the County is at any time while the Contract or any extension of the Contract is in effect,
an employee or agent of any other party to the Contract in any capacity or consultant to any other
party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to
A.R.S § 38-511 the County may recoup any fee or commission paid or due to any person
significantly involved in initiating, negotiating, securing, drafting or creating the contract on
behalf of the County from any other party to the contract arising as the result of the Contract.
6.10 CONTRACTOR LICENSE REQUIREMENT:
6.10.1 The Respondent shall procure all permits, insurance, licenses and pay the charges and
fees necessary and incidental to the lawful conduct of his/her business, and as necessary
complete any required certification requirements, required by any and all governmental
or non-governmental entities as mandated to maintain compliance with and in good
standing for all permits and/or licenses. The Respondent shall keep fully informed of
existing and future trade or industry requirements, Federal, State and Local laws,
ordinances, and regulations which in any manner affect the fulfillment of a Contact and
shall comply with the same. Contractor shall immediately notify both Office of
Procurement Services and the using agency of any and all changes concerning permits,
insurance or licenses.
6.10.2 Respondents furnishing finished products, materials or articles of merchandise that will
require installation or attachment as part of the Contract, shall possess any licenses
required. A Respondent is not relieved of its obligation to posses the required licenses by
subcontracting of the labor portion of the Contract. Respondents are advised to contact
the Arizona Registrar of Contractors, Chief of Licensing, at (602) 542-1525 to ascertain
licensing requirements for a particular contract. Respondents shall identify which
license(s), if any, the Registrar of Contractors requires for performance of the Contract.
6.11 SUBCONTRACTING:
6.11.1 The Contractor may not assign to another Contractor or Subcontract to another party for
performance of the terms and conditions hereof without the written consent of the
County. All correspondence authorizing subcontracting must reference the Bid Serial
Number and identify the job project.
SERIAL 16061-RFP
6.11.2 The Subcontractor's rate for the job shall not exceed that of the Prime Contractor's rate,
as bid in the pricing section, unless the Prime Contractor is willing to absorb any higher
rates or the County has approved the increase. The Subcontractor's invoice shall be
invoiced directly to the Prime Contractor, who in turn shall pass-through the costs to the
County, without mark-up. A copy of the Subcontractor's invoice must accompany the
Prime Contractor's invoice.
6.12 AMENDMENTS:
All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa
County Office of Procurement Services shall be responsible for approving all amendments for
Maricopa County.
6.13 ADDITIONS/DELETIONS OF SERVICE:
6.13.1 The County reserves the right to add and/or delete materials and services to a Contract. If
a service requirement is deleted, payment to the Contractor will be reduced
proportionately, to the amount of service reduced in accordance with the bid price. If
additional materials or services are required from a Contract, prices for such additions
will be negotiated between the Contractor and the County.
6.13.2 The County reserves the right of final approval on proposed staff for all Task Orders.
Also, upon request by the County, the Contractor will be required to remove any
employees working on County projects and substitute personnel based on the discretion
of the County within two business days, unless previously approved by the County.
6.14 VALIDITY:
The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the
validity of any other provision of the Contract.
6.15 SEVERABILITY:
The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the
validity of any other provision of this Contract.
6.16 RIGHTS IN DATA:
The County shall have the use of data and reports resulting from a Contract without additional cost
or other restriction except as may be established by law or applicable regulation. Each party shall
supply to the other party, upon request, any available information that is relevant to a Contract and
to the performance thereunder.
6.17 NON-DISCRIMINATION:
CONTRACTOR agrees to comply with all provisions and requirements of Arizona Executive
Order 2009-09 including flow down of all provisions and requirements to any subcontractors.
Executive Order 2009-09 supersedes Executive order 99-4 and amends Executive order 75-5 and
may be viewed and downloaded at the Governor of the State of Arizona's website
http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1 which is hereby
incorporated into this contract as if set forth in full herein. During the performance of this contract,
CONTRACTOR shall not discriminate against any employee, client or any other individual in any
way because of that person's age, race, creed, color, religion, sex, disability or national origin.
6.18 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
6.18.1 The undersigned (authorized official signing for the Contractor) certifies to the best of his
or her knowledge and belief, that the Contractor
SERIAL 16061-RFP
6.18.1.1 is not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
Department or agency;
6.18.1.2 have not within 3-year period preceding this Contract been convicted of or
had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statues or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
6.18.1.3 are not presently indicted or otherwise criminally or civilly charged by a
government entity (Federal, State or local) with commission of any of the
offenses enumerated in paragraph (2) of this certification; and
6.18.1.4 have not within a 3-year period preceding this Contract had one or more
public transaction (Federal, State or local) terminated for cause of default.
6.18.2 The Contractor agrees to include, without modification, this clause in all lower tier
covered transactions (i.e. transactions with subcontractors) and in all solicitations for
lower tier covered transactions related to this Contract.
6.19 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATU1ES §41-
4401 AND FEDERAL LMMEGRATION LAWS AND REGULATIONS:
6.19.1 By entering into the Contract, the Contractor warrants compliance with the Immigration
and Nationality Act (INA using e-verify) and all other federal immigration laws and
regulations related to the immigration status of its employees and A.R.S. §23-214(A). The
contractor shall obtain statements from its subcontractors certifying compliance and shall
furnish the statements to the Procurement Officer upon request. These warranties shall
remain in effect through the term of the Contract. The Contractor and its subcontractors
shall also maintain Employment Eligibility Verification forms (1-9) as required by the
Immigration Reform and Control Act of 1986, as amended from time to time, for all
employees performing work under the Contract and verify employee compliance using the
E-verify system and shall keep a record of the verification for the duration of the
employee's employment or at least three years, whichever is longer. 1-9 forms are available
for download at USCIS.GOV .
6.19.2 The County retains the legal right to inspect contractor and subcontractor employee
documents performing work under this Contract to verify compliance with paragraph 6.19.1
of this Section. Contractor and subcontractor shall be given reasonable notice of the
County's intent to inspect and shall make the documents available at the time and date
specified. Should the County suspect or find that the Contractor or any of its subcontractors
are not in compliance, the County will consider this a material breach of the contract and
may pursue any and all remedies allowed by law, including, but not limited to: suspension
of work, termination of the Contract for default, and suspension and/or debarment of the
Contractor. All costs necessary to verify compliance are the responsibility of the
Contractor.
6.20 INFLUENCE
As prescribed in MC1-1202 of the Maricopa County Procurement Code, any effort to influence an
employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct
may be grounds for Disbarment or Suspension under MC1-902.
An attempt to influence includes, but is not limited to:
SERIAL 16061-RFP
6.20.1 A Person offering or providing a gratuity, gift, tip, present, donation, money,
entertainment or educational passes or tickets, or any type valuable contribution or
subsidy,
6.20.2 That is offered or given with the intent to influence a decision, obtain a contract, garner
favorable treatment, or gain favorable consideration of any kind.
If a Person attempts to influence any employee or agent of Maricopa County, the Chief
Procurement Officer, or his designee, reserves the right to seek any remedy provided by the
Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided
by this contract.
6.21 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLERBLOWER RIGHTS.
6.21.1 The Parties agree that this Contract and employees working on this Contract will be
subject to the whistleblower rights and remedies in the pilot program on contractor
employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the
National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and section
3.908 of the Federal Acquisition Regulation;
6.21.2 Contractor shall inform its employees in writing, in the predominant language of the
workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as
described in section 3.908 of the Federal Acquisition Regulation. Documentation of such
employee notification must be kept on file by Contractor and copies provided to County
upon request.
6.21.3 Contractor shall insert the substance of this clause, including this paragraph (c), in all
subcontracts over the simplified acquisition threshold ($150,000 as of September 2013).
6.22 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW:
6.22.1 In accordance with section MCI 371 of the Maricopa County Procurement Code the
Contractor agrees to retain all books, records, accounts, statements, reports, files, and
other records and back-up documentation relevant to this Contract for six (6) years after
fmal payment or until after the resolution of any audit questions which could be more
than six (6) years, whichever is latest. The County, Federal or State auditors and any
other persons duly authorized by the Department shall have full access to, and the right to
examine, copy and make use of, any and all said materials.
6.22.2 If the Contractor's books, records, accounts, statements, reports, files, and other records
and back-up documentation relevant to this Contract are not sufficient to support and
document that requested services were provided, the Contractor shall reimburse Maricopa
County for the services not so adequately supported and documented.
6.22.3 If at any time it is determined by the County that a cost for which payment has been made
is a disallowed cost, the County shall notify the Contractor in writing of the
disallowance. The course of action to address the disallowance shall be at sole discretion
of the County, and may include either an adjustment to future invoices, request for credit,
request for a check or deduction from current billings Submitted by the Contractor by the
amount of the disallowance, or to require reimbursement forthwith of the disallowed
amount by the Contractor by issuing a check payable to Maricopa County.
6.23 AUDIT DISALLOWANCES:
If at any time, County determines that a cost for which payment has been made is a disallowed
cost, such as overpayment, County shall notify the Contractor in writing of the disallowance.
County shall also state the means of correction, which may be but shall not be limited to
SERIAL 16061-REP
adjustment of any future claim submitted by the Contractor by the amount of the disallowance, or
to require repayment of the disallowed amount by the Contractor.
6.24 OFFSET FOR DAMAGES;
In addition to all other remedies at Law or Equity, the County may offset from any money due to
the Contractor any amounts Contractor owes to the County for damages resulting from breach or
deficiencies in performance of the contract.
6.25 PUBLIC RECORDS:
Under Arizona law, all Offers submitted and opened are public records and must be retained by
the Records Manager at the Office of Procurement Services. Offers shall be open to public
inspection and copying after Contract award and execution, except for such Offers or sections
thereof determined to contain proprietary or confidential information by the Office of Procurement
Services. If an Offeror believes that information in its Offer or any resulting Contract should not
be released in response to a public record request under Arizona law, the Offeror shall indicate the
specific information deemed confidential or proprietary and submit a statement with its offer
detailing the reasons that the information should not be disclosed. Such reasons shall include the
specific harm or prejudice which may arise from disclosure. The Records Manager of the Office of
Procurement Services shall determine whether the identified information is confidential pursuant
to the Maricopa County Procurement Code.
6.26 PRICES:
Contractor warrants that prices extended to County under this Contract are no higher than those
paid by any other customer for these or similar services.
6.27 INTEGRATION:
This Contract represents the entire and integrated agreement between the parties and supersedes
all prior negotiations, proposals, communications, understandings, representations, or agreements,
whether oral or written, express or implied.
6.28 RELATIONSHIPS:
In the performance of the services described herein, the Contractor shall act solely as an
independent contractor, and nothing herein or implied herein shall at any time be construed as to
create the relationship of employer and employee, co-employee, partnership, principal and agent,
or joint venture between the County and the Contractor.
6.29 GOVERNING LAW:
This Contract shall be governed by the laws of the state of Arizona. Venue for any actions or
lawsuits involving this Contract will be in Maricopa County Superior Court or in the United States
District Court for the District of Arizona, sitting in Phoenix, Arizona
6.30 ORDER OF PRECEDENCE:
In the event of a conflict in the provisions of this Contract and Contractor's license agreement, if
applicable, the terms of this Contract shall prevail.
6.31 INCORPORATION OF DOCUMENTS:
The following are to be attached to and made part of this Contract:
6.31.1 Exhibit A, Pricing;
6.31.2 Exhibit B, Scope of Work;
SERIAL 16061-RFP
NOTICES:
All notices given pursuant to the terms of this Contract shall be addressed to:
For County:
Maricopa County
Office of Procurement Services
ATTN: Contract Administration
320 West Lincoln Street
Phoenix, Arizona 85003-2494
For Contractor:
FX Tactical
Jeff Gregory
8948 West Cactus Rd.
Peoria, AZ 85381
SERIAL 16061-RFP
IN WITNESS WHEREOF, this Contract is executed on the date set forth above.
CONTRACTOR
(....—
A6THORIZED SIGNATURE
62Z-e.7 y 6L /4i-
PRINTED NAME AND TITLE
cf?A-7/a7
ADDRESS
,4?
DAIL
MARICOPA COUNTY
CHAIRMAN, BOARD OF SUPERVISORS DAIL
ATTESTED:
CLERK OF THE BOARD DA'1E
APPROVED AS TO FORM:
LEGAL COUNSEL DATE
SERIAL 16061-RFP
EXHIBIT A PRICING
SERIAL 16061-RFP
NIGP CODE: 68008
RESPONDENTS
NAME: FX TACTICAL, LLC
COUNTY VENDOR NUMBER:
ADDRESS: 8948 W. CACTUS RD
PEORIA, AZ 85381
P.O. ADDRESS: SAME
TELEPHONE
NUMBER: 623-877-1257
FACSIMILE NUMBER: 623-877-1229
WEB SITE: www.fx-tactical.corn
CONTACT (REPRESENTATIVE): Jeff Gregory
REPRESENTATIVE'S PHONE: 602-768-2818
JGREGORYFX-
REPRESENTATIVE'S E-MAIL ADDRESS: TACTICALCOM
YES NO
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM
THIS CONTRACT X
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: [ 1 X
WILL OFFER REBATE (CASH OR CREDIT) FOR UTILIZING PROCUREMENT CARD: [ 1 X
(Payment shall be made within 48 hours of utilizing the Purchasing Card)
PAYMENT TERMS
[XI NET 30 DAYS
1.0 PRICING:
Vest Description (Solicitation Type, MFG, Model, Part Number)
1.1 Concealable Level II Patrol (Section 2.1, Point Blank, SP+2LE,
SP+2LE-2BSH) FEMALE ONLY $578.95
POINT BLANK SP+2LE LEVEL 2 VEST WITH (2) BLUE STEEL HILITE CARRIERS AND 5X8" SOFT
PLATE
1.3 Desert Ops Level IRA VEst (2.2, Paraclete, Alpha-1 Base AXHIA &
30260-01 Plates , A1B-AXIHA-(2)30260
$2,249.95
Manufacture: Paraclete
Model: Alpha 1 Base
Part Number:
Description:
PARACLETE ALPHA-1 BASE VEST WITH AXIIIA BALLISTICS, (2)
30260-01 PLATES, AND FOUR POUCHES
SERIAL 16061-RFP
1.4 TLO & CPO Level IIIA Armor (2.3, Paraclete, ARMIS Base AXIIIA,
ARM-B-AXIIIA)
$1,175.95
Manufacture: Paraclete
Model: Armis Base
Part Number:
Description: Paraclete Armis base vest with AXIIIA ballistics and six pouches
1.5 Rifle Plate $409.95
Manufacture: Paraclete
Model: Rifle Plate
Part Number: 202260-01
D: PARACLETE 20260-01, 10X12" LEVEL 3+
1.4 Spike Vest $474.95
Manufacture: Point Blank
Model: Spike 3 Vest
Part Number:
Description: POINT BLANK SPIKE 3 VEST WITH (2) STANDARD
CONCEALABLE CARRIERS
Add Optional Thorshield Sleeve To Level II Ballistic or Spike
3 Concealable Vest (Each) $42.00
General Discount from Catalog:
Point Blank Retail 50% Discount
PACA Retail 50% Discount
PARACLETE Retail 45% Discount
United Shield Retail 35% Discount
SERIAL 16061-RFP
EXHIBIT B SCOPE OF WORK
1.0 INTENT:
The intent of this requirements contract is for the acquisition of body armor to be used by the following
Maricopa County Sheriff's Office (MCS0): Patrol Division and Detention. It is the desire for the County to
provide multiple options and/or styles to those individuals requiring the outfitting of body armor. Also
requested are blanket discounts for related supplies. Contractor shall be capable of supporting a
procurement need of approximately 200-600 vests per year. Contractor may bid on all or part of the
required body armor.
MCSO Patrol and Maricopa County Protective Services, as law enforcement agencies, have a need to
provide adequate concealable body armor to their personnel. Body armor is acquired for new deputies on a
five year replacement cycle. To effectively meet the mission, body armor must be flexible, thin, and
lightweight. The armor shall be designed to be worn as an undergarment and it shall be concealable under a
standard law enforcement type uniform. The armor shall be designed in such a manner as to prevent the
armor from riding up on the wearer and becoming apparent during normal law enforcement duty activities.
The armor shall provide adjustments for the chest, waist, and shoulders. The areal density of the armor
panels pounds per square foot (psf) should be a consideration and a range of density measurements within
the specified levels requested should be provided. Manufacturers providing information are highly
encouraged to describe how their body armor models are constructed with the best and most advanced
construction materials available to provide a lightweight and flexible solution.
2.0 PRODUCT REQUIREMENTS:
2.1 LEVEL MA BODY ARMOR FOR DESERT OPS TACTICAL (SID)
2.1.1 Paraclete Alpha-1 Base Vest with Level IBA Ballistic
2.1.2 Two Paraclete 10x12 Shooters Cut Lightweight Stand Alone Rifle Plate (or equal/2.31bs)
2.1.3 Modular Pouch Kit that Includes Four Pouches
2.1.4 Ranger Green in Color
2.1.5 Desert Ops Tactical Medical Pouch
2.1.5.1 Individual first aid kit (IFAK) Operator Medical Pouch with Contents of:
(1) Special Operation Forces (SOF) Tactical Tourniquet-Wide
(1) Olaes 4" Modular Bandage
(1) Petrolatum Gauze
(1) Nasopharyngeal Airway 28F w/ Lube
(1) Nitrile Gloves XL
(1) 2" Surgical Tape
(1) Adsafe Face Shield
(1) 5.5" Trauma Shears
(1) TacMed Combat Casualty Card
2.1.5.2 Additional Resupply Materials for Medical Pouches May be Required if One Kit
gets utilized
2.1.5.3 Ranger Green and Black in Color
2.1.6 Relative Performance Index
2.1.6.1 It has been determined that the relative strength to weight ratio of a ballistic
design is important in determining its comfort/performance characteristics. The
strength to weight ratio is calculated by dividing the areal weight (lbs. per square
SERIAL 16061-RFP
foot) into the performance V50 value. A high strength to weight ratio or Relative
Performance Index (RPI) indicates a high degree of comfort and performance.
Therefore, the minimum RPI shall be no lower than:
Threat Level Bullet Description Relative Performance Index
IIIA .357 SIG 1818 FPS 1965
.44 Mag 1651 FPS
2.1.7 Ballistic Panel Performance:
2.1.7.1 Each bidder shall submit (with bid) certified V50 test reports for the vest(s)
being offered as well as DEA 2009 laboratory testing
2.1.7.2 The V50 test shall be performed with Type DIA armor that is new and unworn
shall be tested with .357 SIG FMJ flat nose (FN) bullets with a specified mass of
8.1g (125 gr) and a velocity of 448 m/s + 9.1 m/s (1470ft1s + 30 ft/s) and with
.44 Magnum Semi Jacketed hollow point (SJHP) bullets with a specified mass
of 15.6g (240 gr) and a velocity of 436 rn/s + 9.1 m/s (14030 ft/s + 30 ft/s)
2.1.7.3 The V50 test shall be against clay backing. V50 reports, which represent testing
without clay backing, shall be rejected
2.1.7.4 Vendor shall provide written certification that all V50 testing is accomplished
with clay backing; failure to provide certification shall be cause for rejection.
Agency "certifying" testing shall be clearly identified on all documents.
2.1.7.5 Vendor shall certify through NIJ and independent testing that the quoted vest
meets all NU and DEA standards. Vendor shall certify through V-0 shot data
against clay backing from an independent laboratory that the vest will stop ALL
MCSO issued ammunition.
Type Weight Velocity
.380 90 gr JHP 1040 FPS
9mm 124 gr 1150 FPS
38 Spl 125 gr 945 FPS
.357 Mag 158 gr JHP 1240 FPS
.357 Sig 125 gr JHP 1350 FPS
40 S&W 155 g JHP 1200 FPS
45 ACP 230 g JHP 890 FPS
lOram 180 g JHP 1180 FPS
lOmm 155 grJHP 1265 FPS
2.1.8 General User Coverage:
2.1.8.1 The vest shall provide full wrap.
2.1.8.1.1 Full wrap coverage is defined as a vest with "full wrap" side panels
that "butt fit" at the sides, with no gap between the front and back
ballistic panels. This full wrap can be achieved by having another
layer or piece of panel that covers the side areas as an "overlap" fit
where the front panel would overlap the back panel of up to 1" is
recommended.
2.1.9 Ballistic Panels: IIIA
2.1.9.1 The front and rear ballistic panel shall be soft, flexible and readily
conformable to the body.
SERIAL 16061-RFP
2.1.9.2 The ballistic panel shall be stitched together in such a way that it remains
extremely flexible. To prevent unnecessary stiffness, no quilt, diamond, or
box stitching of the ballistic package, in its entirety, will be accepted. To be
considered, all vests must be uniform throughout the ballistic panel in layer
count and in layer size. Accordingly, any ballistic panel that is not uniform in
layer count and layer size throughout the entire ballistic package shall be
rejected.
2.1.9.3 The ballistic panel shall use multiple types of ballistic, fragmentation, and
blunt trauma design.
2.1.9.4 The ballistic panel shall have a way of keeping the pile in place to reduce
impact movement
2.1.10 Ballistic Panel Covers:
2.1.10.1 Must comply with the NIJ 4.2.4 Armor Submersion standard
2.1.11 Ballistic Vest Carrier:
Each vest shall be supplied with one (1) Outer MOLLE adjustable carrier.
Carriers will be Olive Drab (OD) /Tactical Green in color.
The Carrier shall have an internal cummerbund.
Carrier must have a ballistic panel suspension system within the carrier to
eliminate sagging and decrease the forming of wrinkles and bouncing of the
armor panels.
2.1.11.5 The carrier must have a weapon retention system that will retain the butt of a
rifle or shotgun in all types of weather.
2.1.11.6 The carrier should have an internal plate pocket in the front and rear of the
carrier that allows the insertion of an 8 x 10 or 10 x 12 threat plate.
2.1.11.7 The carrier must have a reinforced modular webbing attachment system that
covers the majority of the front and rear portions of the carrier to include 360
degrees of the lower torso.
2.1.11.8 The Carrier must have a reinforced rescue strap located in the upper back area
of the carrier
2.1.11.9 The carrier should have a wire channel that allows for the mounting of a radio
on the rear portion of the carrier and feeding of the handset and wires through
a hidden channel to the front of the carrier.
2.1.11.10 The carrier shall have Velcro identity attachment areas on the front and back
of the carrier.
2.1.11.11 The Carrier shall be capable of attaching - detachable upper arm, neck, throat,
groin and one piece tail bone protection.
2.1.11.12 Side panel area should have a threat plate pocket incorporated into each side
2.1.11.13 The carrier shall have a system that provides cushioning and airflow to the
chest, back and shoulder areas that obtain load carrying fatigue.
SERIAL 16061-RFP
2.1.11.14 All carriers shall come with a radio attachment and hydration pouch with
MOLLE and Velcro and six (6) other MOLLE attachments of the wearer's
choice at time of fitting.
2.1.11.15 OD / Tactical Green with black two (2) inch "Sheriff' Identity panels shall be
included one front and one back and one (1) OD / Tactical Green with black
"Sheriff' one (1) inch minimum lettering for each arm. Each should have
Velcro back.
2.1.11.16 OD / Tactical green with Black American Flag one (1) shall be included with
a Velcro back
2.1.12 Armor Plate semi-rigid (front and rear required):
2.1.12.1 Level III stand-alone rifle plates that offer increased ballistic protection to
vital areas. Armor plates shall be of a size and dimension to fit into the armor
plate pocket on the vest carrier 8x10 armor plates, can be made of various
materials (i.e. ceramic, titanium, composite, polyurethane, spectra, etc.) but
must bring the protection in the area of the plate to a level IIIA NIJ 0101.06
standard. Plates should weigh 3 pounds and be no more than 1.2 inches thick.
These plates shall also be made available for individual purchase.
2.1.12.2 Chest plate shall be of a military style plate to provide increased mobility and
range of motion to the wearers arms when situated in a shooting stance or
shouldering the butt of a rifle
2.1.12.3 Plates shall have an outer cover material to be resistant to abrasion, cuts, tears
and be water resistant. In addition it must resist the effects of exposure to high
temperatures.
2.1.12.4 The plates shall have a left to right curvature radius with each corner to
provide a more natural fit to the wearers' body.
2.1.12.5 Level III stand-alone rifle plates for the side area shall be included that meet
the above standards.
2.2 LEVEL DIA BODY ARMOR FOR TERRORISM LIAISON OFFICER (TLO)
NEGOTIATIONS (CID)
2.2.1 Relative Performance Index
2.2.1.1 It has been determined that the relative strength to weight ratio of a ballistic
design is important in determining its comfort/performance characteristics.
The strength to weight ratio is calculated by dividing the areal weight (lbs. per
square foot) into the performance V50 value. A high strength to weight ratio
or Relative Performance Index (RPI) indicates a high degree of comfort and
performance. Therefore, the minimum RPI shall be no lower than:
Threat Level Bullet Description Relative Performance Index
MA .357 SIG 1818 FPS
.44 MAG 1651 FPS
2.2.2 Ballistic Panel Performance:
2.2.2.1 Each bidder shall submit (with bid) certified V50 test reports for the vest(s)
being offered as well as DEA 2009 laboratory testing
2.2.2.2 The V50 test shall be performed with Type IRA armor that is new and unworn
shall be tested with .357 SIG FMJ flat nose (FN) bullets with a specified mass
SERIAL 16061-RFP
of 8.1g (125 gr) and a velocity of 448 m/s + 9.1 m/s (1470 ft/s + 30 ft/s) and
with .44 Magnum Semi Jacketed hollow point (SJHP) bullets with a specified
mass of 15.6 g (240 gr) and a velocity of 436 m/s + 9.1 m/s (1430 ft/s +30ft/s)
2.2.2.3 The V50 test shall be against clay backing. V50 reports, which represent
testing without clay backing, shall be rejected
2.2.2.4 Vendor shall provide written certification that all V50 testing is accomplished
with clay backing; failure to provide certification shall be cause for rejection.
Agency "certifying" testing shall be clearly identified on all documents.
2.2.2.5 Vendor shall certify through NIJ and independent testing that the quoted vest
meets all MJ and DEA standards. Vendor shall certify through V-0 shot data
against clay backing from an independent laboratory that the vest will stop
ALL MCSO issued ammunition.
Type Weight Velocity
.380 90 gr JHP 1040 FPS
9mm 124 gr JHP 1150 FPS
38 Spl 125 gr JHP 945 FPS
.357 Mag 158 gr JHP 1240 FPS
.357 Sig 125 gr JHP 1350 FPS
40 S&W 155 gr JHP 1200 FPS
45 ACP 230 gr JHP 890 FPS
lOmm 180 gr JHP 1180 FPS
lOmm 155 grJIHP 1265 FPS
2.2.3 General User Coverage:
2.2.3.1 The vest shall provide full wrap.
2.2.3.1.1 Full wrap coverage is defined as a vest with "full wrap" side panels
that "butt fit" at the sides, with no gap between the front and back
ballistic panels. This full wrap can be achieved by having another
layer or piece of panel that covers the side areas as an "overlap" fit
where the front panel would overlap the back panel of up to 1" is
recommended.
2.2.4 Ballistic Panels: IIIA
2.2.4.1 The front and rear ballistic panel shall be soft, flexible, and readily conformable
to the body.
2.2.4.2 The ballistic panel shall be stitched together in such a way that it remains
extremely flexible. To prevent unnecessary stiffness, no quilt, diamond or box
stitching of the ballistic package, in its entirety, will be accepted. To be
considered, all vests must be uniform throughout the ballistic panel in layer
count and in layer size. Accordingly, any ballistic panel that is not uniform in
layer count and layer size throughout the entire ballistic package shall be
rejected.
2.2.4.3 The ballistic panel shall use multiple types of ballistic, fragmentation, and blunt
trauma design.
2.2.4.4 The ballistic panel shall have a way of keeping the pile in place to reduce impact
movement.
2.2.5 Ballistic Vest Carrier:
SERIAL 16061-RFP
2.2.5.1 Each vest shall be supplied with one (1) outer MOLLE adjustable carrier.
2.2.5.2 Carriers will be Olive Drab OD/Tactical Green in color.
2.2.5.3 The carrier shall have an internal cummerbund.
2.2.5.4 Carrier must have a ballistic panel suspension system within the carrier to
eliminate sagging and decrease the forming of wrinldes and bouncing off the
armor panels.
2.2.5.5 The carrier must have a weapon retention system that will retain the butt of a
rifle or shotgun in all types of weather.
2.2.5.6 The carrier should have an internal plate pocket in the front and rear of the
carrier that allows the insertion of an 8 x 10 or 10 x 12 threat plate.
2.2.5.7 The carrier must have a reinforced modular webbing attachment system that
covers a majority of the front and rear portions of the carrier to include 360
degrees of the lower torso.
2.2.5.8 The carrier must have a reinforced rescue strap located in the upper back area of
the carrier.
2.2.5.9 The carrier should have a wire channel that allows for the mounting of a radio
on the rear portion of the carrier and feeding of the handset and wires through a
hidden channel to the front of the carrier.
2.2.5.10 The carrier shall have Velcro identity attachment areas on the front and back of
the carrier.
2.2.5.11 The carrier shall be capable of attaching — detachable upper arm, neck, throat,
groin, and one piece tail bone protection.
2.2.5.12 Side panel area should have a threat plate pocket incorporated into each side.
2.2.5.13 The carrier shall have a system that provides cushioning and airflow to the chest,
back, and shoulder areas that obtain load carrying fatigue.
2.2.5.14 All carriers shall come with a radio attachment and hydration pouch with
MOLLE and Velcro and six (6) other MOLLE attachments of the wearer's
choice at time of fitting.
2.2.5.15 OD/Tactical Green with yellow two (2) inch "Sheriff' Identity panels shall be
included; one front and one back.
2.2.6 Armor Plate Semi-Rigid (Front — Priced separate as a possible add on)
2.2.6.1 Level III stand-alone rifle plates that offer increased ballistic protection to vital
areas. Armor plates shall be of a size and dimension to fit into the armor plate
pocket on the vest carrier. 8 x 10 armor plates can be made of various materials
(i.e. ceramic, titanium, composite, polyurethane, spectra, etc.) but must bring the
protection in the area of the plate to a level II NIJ 0101.06 standard. Plates
should weigh around 3 pounds and be no more than 1.2 inches thick. These
plates shall also be made available for individual purchase.
2.2.6.2 Chest plate shall be of a military style plate to provide increased mobility and
range of motion to the wearers arms when situated in a shooting stance or
shouldering the butt of a rifle.
SERIAL 16061-RFP
2.2.6.3 Plates shall have an outer cover material to be resistant to abrasion, cuts, tears,
and be water resistant in addition it must resist the effects of exposure to high
temperatures.
2.2.6.4 The plates shall have a left to right curvature radius with each corner to provide
a more natural fit to the wearer's body.
2.3 LEVEL MA ENTRY KIT BODY ARMOR (SWAT)
2.3.1 Relative Performance Index
2.3.1.1 It has been determined that the relative strength to weight ratio of a ballistic
design is important in determining its comfort/performance characteristics. The
strength to weight ratio is calculated by dividing the areal weight (lbs. per square
foot) into the performance V50 value. A high strength to weight ratio or Relative
Performance Index (RPI) indicates a high degree of comfort and performance.
Therefore, the minimum RPI shall be no lower than:
Threat Level bullet Description Relative Performance
Index
IIIA 9mm 124 gr. FMJ 1965
.357 SIG 1818 FPS
.44 Mag 1651 FPS
2.3.2 Ballistic Panel Performance:
2.3.2.1 Each bidder shall submit (with bid) certified V50 test reports for the vest(s)
being offered as well as DEA 2009 laboratory testing
2.3.2.2 The V50 test shall be performed with Type ILIA armor that is new and unworn
shall be tested with .357 SIG FMJ flat nose (FN) bullets with a specified mass of
8.1 g (125 gr) and velocity of 448 m/s + 9.1 m/s (1470 ft/s + 30 ft/s) and with
.44 Magnum Semi Jacketed hollow point (SJHP) bullets with a specified mass
of 15.6 g (240gr) and a velocity of 436 in/s + 9.1 m/s (1430 ft/s + 30 ft/s)
2.3.2.3 The V50 test shall be against clay backing. V50 reports, which represent testing
without clay backing, shall be rejected.
2.3.2.4 Vendor shall provide written certification that all V50 testing is accomplished
with clay backing: failure to provide certification shall be cause for rejection.
Agency "certifying" testing shall be clearly identified on all documents.
2.3.2.5 Vendor shall certify through V-0 shot data against clay backing from an
independent laboratory or through a vest shoot at the Maricopa County Sheriffs
Office Range, that the Type IIIA armor will provide protection for the ammo
issued by the Maricopa County Sheriffs Office which are:
Type Weight Velocity
.380 90 gy HIP 1040 FPS
9mm 124 gr JHP 1150 FPS
38 Spl 125 gr JHP 945 FPS
.357 Mag 158 gy HIP 1240 FPS
.357 Sig 125 g JHP 1350 FPS
40 S&W 155 gr JHP 1200 FPS
45 ACP 230 g JHP 890 FPS
lOmm 180 gy HIP 1180 FPS
lOmm 155 gr JHP 1265 FPS
SERIAL 16061-RFP
2.3.3 General User Coverage:
2.3.3.1 The vest shall provide full wrap.
2.3.3.1.1Full wrap coverage is defmed as a vest with "full wrap" side panels that
"butt fit" at the sides, with minimal gap between the front and back
ballistic panels. This full wrap can be achieved by having another layer
or piece of panel that covers the side areas as an "overlap" fit where the
front panel would overlap the back panel of up to 1" is recommended.
2.3.4 Ballistic Panels: IIIA
2.3.4.1 The front and rear ballistic panel shall be soft, flexible, and readily conformable
to the body.
2.3.4.2 The ballistic panel shall be stitched together in such a way that it remains
extremely flexible. To prevent unnecessary stiffness, no quilt, diamond or box
stitching of the ballistic package, in its entirety, will be accepted. To be
considered, all vests must be uniform throughout the ballistic panel in layer
count and in layer size. Accordingly, any ballistic panel that is not uniform in
layer count and layer size throughout the entire ballistic shall be rejected.
2.3.4.3 The ballistic panel shall use multiple types of ballistic, stab, fragmentation, and
blunt trauma design.
2.3.4.4 The ballistic panel shall have a way of keeping the pile in place to reduce impact
movement.
2.3.4.5 IIIA ballistic panels for the arms, neck, throat, groin, and tail area shall also be
included.
2.3.5 Ballistic Panel Covers:
2.3.5.1 Each ballistic panel shall be permanently covered with a material which
prevents exposure to environmental elements. The cover must be sealed at the
seams to prevent moisture intrusion. Moisture Vapor Transmission (MVT) is
detrimental to ballistic panels; therefore the ballistic panel covers must have a
MVT rate of less than 550 grams per square meter in a 24 hour period while
submerged in water. The lamination system must have a hydrostatic resistance
(ASTM D751) of a minimum of 120 pounds per square inch (PSI) to burst and
breakaway adhesion (ASTM D5035) minimum of 25 pounds per square inch.
2.3.6 Ballistic Vest Carrier:
2.3.6.1 Each vest shall be supplied with on (1) Outer MOLLE adjustable carrier.
2.3.6.2 Carriers will be OD/Tactical Green in color.
2.3.6.3 The carrier shall have an internal cummerbund.
2.3.6.4 Carrier must have a ballistic panel suspension system within the carrier to
eliminate sagging and decrease the forming of wrinkles and bouncing of the
armor panels.
2.3.6.5 The carrier must have a weapon retention system that will retain the butt of a
rifle or shotgun in all types of weather.
2.3.6.6 The carrier should have an internal plate pocket in the front and rear of the
carrier that allows the insertion of an 8 x 10 or 10 x 12 threat plate.
SERIAL 16061-RFP
2.3.6.7 The carrier must have a reinforced modular webbing attachment system that
covers a majority of the front and rear portions of the carrier to include 360
degrees of the lower torso.
2.3.6.8 The carrier must have at least one reinforced rescue straps located throughout
the carrier.
2.3.6.9 The carrier should have a wire channel that allows for the mounting of a radio
on the rear portion of the carrier and feeding of the handset and wires through a
hidden channel to the front of the carrier.
2.3.6.10 The carrier shall have Velcro identity attachment areas on the front and back of
the carrier.
2.3.6.11 The carrier shall include and be capable of attaching — detachable upper arm,
neck, throat, groin, and tail bone protection. The upper arm attachments must
have Velcro identity attachment areas on the upper and lower potation of the
attachments.
2.3.6.12 The carrier shall have a system that provides cushioning and airflow to the chest,
back, and shoulder areas that obtain load carrying fatigue.
2.3.6.13 All carriers shall come with a radio attachment and hydration pouch with
MOLLE and Velcro and (6) other MOLLE attachments of the wearer's choice at
time of fitting.
2.3.6.14 OD/Tactical Green with yellow two (2) inch "Sheriff' Identity panels shall be
included one front and one back and on (1) OD/Tactical Green with yellow
"Sheriff" 1 inch minimum lettering for each arm.
2.3.6.15 OD/Tactical Green with Black American Flag, (1 Forward/1 Rear Facing) for
each arm.
2.3.7 Armor Plate Semi-Rigid (front, rear, side and arms required):
2.3.7.1 Level III Plus Paraclete Model 20260 or equal stand-alone rifle plates that offer
increased ballistic protection to vital areas. Armor plates shall be of a size and
dimension to fit into the armor plate pocket on the vest carrier 8x10 armor
plates, can be made of various materials (i.e. ceramic, titanium, composite,
polyurethane, spectra, etc...) but must bring the protection in the area of the
plate to a level HI NIJ 0101.06 standard. Plates should weigh between 3.33 and
4.47 pounds and be no more than 1.25 inches thick. These plates shall also be
made available for individual purchase.
2.3.7.2 Chest plate shall be of a "Shooter's Cut Multi-Curve" plate to provide increased
mobility and range of motion to the wearers arms when situated in a shooting
stance or shouldering the butt of a rifle.
2.3.7.3 Plates shall have an outer cover material to be resistant to abrasion, cuts, tears,
and be water resistant. In addition, it must resist the effects of exposure to high
temperatures.
2.3.7.4 The plates shall have a left to right curvature radius with each corner to provide
a more natural fit to the wearer's body.
2.3.7.5 Back plates shall be Level III plus Paraclete Model 20260 or equal stand-alone.
Rifle plates shall be included that meet the above standards.
SERIAL 16061 -RFP
2.4 LEVEL ifi SPIKE VESTS (DETENTION)
2.4.1 NIJ STANDARD-0115.00
2.4.1.1 Each vest model should be separately tested and certified to comply with the
requirements of the voluntary National Institute of Justice N1J-STD-0115.00
"Ballistic Resistance of Police Body Armor" (July 2008), as providing
protection against high energy threats with a strike energy of 43 J (31.7 ft-lbf).
2.4.2 Like or Equal Standards
2.4.2.1 Offered vest shall meet or exceed the published specifications of the Point Blank
Spike 3 vest. Respondents shall provide NIJ 0115.00 testing data along with any
comparative data to the referenced spike vest.
2.5 OVERALL PRODUCT REQUIREMENTS
2.5.1 NIJ STANDARD-0101.06
2.5.1.1 Each vest model (with the exception of the Level III Spike vest) should be
separately tested and certified to comply with the requirements of the voluntary
National Institute of Justice (NIJ) NIJ-STD-0101.06 "Ballistic Resistance of
Police Body Armor" (July 2008), as providing multiple hit protections for the
Threat Level II or Threat Level BIA ballistic threats.
2.5.2 Fiber and Fabric Properties:
2.5.2.1 Each lot's critical fiber properties (denier, # of filaments, fiber type, tenacity, and
elongation at break) shall be certified by the fiber manufacturer.
2.5.2.2 Each lot's critical fabric properties (weave, warp & fill ends/inch, basis weight,
thickness, yarn and fabric tensile properties, 9mm and.357 Mag. (for level II)
and 357 Sig and .44 Mag (for level IBA) V-50 ballistic limits) shall be certified
by the fabric manufacturer.
2.5.3 Design Requirements:
2.5.3.1 The vest shall provide maximum practical protective coverage for male and
female officers for everyday wear. However, it must not bind or constrict user
mobility or wear ability.
2.5.3.2 Female models shall be designed specifically for the female torso and shall have
allowances for bust configuration.
2.5.3.3 The vest shall be concealable under a uniform shirt (for concealable models).
2.5.4 Ballistic Material:
2.5.4.1 The ballistic materials used to manufacture these vests shall be new, unused and
without flaws that affect appearance, durability and function.
2.5.5 Labels:
2.5.5.1 Each ballistic panel shall have a label that contains the manufacturer's name,
threat level, size, model, lot and serial numbers, date of manufacture, strike face
(this side away from body), care instructions, certification of compliance, and
required warnings on vest limitations.
2.5.5.2 Each ballistic vest shall contain a concealed label to enable future tracing of the
panel by model, serial, and lot number, and date of manufacture.
SERIAL 16061-RFP
2.5.6 Quality Control Program and Policy
2.5.6.1 Any manufacturer's product offered shall have a comprehensive Quality Control
Program, which includes a written Q.C. Policy and minimum quality assurance
steps.
2.5.6.2 The manufacturer of the product offered shall be Quality Certified by an
accredited Quality Registrar to the ISO 9001 standard.
2.5.6.2.1Certificate of registration shall accompany this bid. All documents and
data must be made available for inspection upon request.
2.5.7 Manufacturer Property Checks:
2.5.7.1 The vest manufacturer shall also re-check critical fabric properties (fiber and
fabric property certifications, weave type, warp and fill ends/inch, basis weight,
and 9mm and.357 Mag. (for level II) and 357 Sig and .44 Mag (for level IIIA)
penetration resistance) of each shipment received prior to its use in the
manufacture of ballistic vests.
2.5.8 Product Consistency:
2.5.8.1 The manufacturer shall warrant that all shipments of each certified model will be
identical in design and construction to that which was originally certified and
offered as a response to this solicitation.
2.5.8.2 The manufacturer and NU shall have retained samples from the original
certification for verification and/or inspection.
2.5.8.3 NO SUBSTITUTIONS will be allowed without the prior written approval of the
Maricopa County Sheriffs Office.
2.5.8.4 The manufacturer must warrant that the MJ certified model will continue to
perform at its established V-50 Ballistic Limit levels, as demonstrated by
independent laboratory tests, within a normal variation of +/-6%, throughout the
five year service life of the vest.
2.5.8.5 ALL VESTS SHALL BE SERIALIZED, 100% inspected, and traceable.
2.5.8.6 All procedures and quality data shall be available for inspection upon request.
2.5.8.7 The manufacturer shall allow unannounced plant and data inspections if the
Agency wishes to conduct them, at any time during or after the production of the
vests.
2.5.9 Custom Fit:
2.5.9.1 Each vest shall be custom fitted and made to measurements.
2.5.9.2 Factory-trained personnel shall perform all measurements.
2.5.9.3 Measurements shall be made at a time and location at the discretion of Maricopa
County. The vendor will be required to come on county property to take
measurements. Typically, vests are ordered while deputy cadets are in the
academy. The vendor will need to go to the academy, measure the entire class
and order their vests to ensure all officers are issued a vest. When our current
vests expire, the vendor will be required to fit and order replacement vests in a
short period of time. Measurements shall be made at a time and location at the
SERIAL 16061-RFP
discretion of Maricopa County. The vendor will be required to come on county
property to take measurements.
2.6 PROOF OF STABILITY:
2.6.1 Bidders shall have a local representative within the State of Arizona capable of meeting
the County's needs. Bidder's representative will be required to fit, re-fit, deliver, and
service their products at any location within Maricopa County specified by MCSO or any
County agency.
2.6.2 Only manufacturers that have been in business at least three years providing this category
of equipment shall be considered for award.
2.7 CON I RAC TOR MINIMUM QUALIFICATIONS:
2.7.1 Respondent shall have a local representative within the State of Arizona capable of
meeting the County's needs. Bidder's representative will be required to fit, refit, deliver
and service their products at any location within Maricopa County specified by MCSO or
any County agency.
2.7.2 Only manufacturers that have been in business at least three years providing this category
of equipment shall be considered for award.
2.7.3 Any manufacturer's product offered shall have a comprehensive Quality Control
Program, which includes a written Q.C. Policy and minimum quality assurance steps.
2.7.4 The manufacturer of the product offered shall be Quality Certified by an accredited
Quality Registrar to the ISO 9001 standard.
2.7.4.1 All documents and data must be made available for inspection upon request.
3.0 PROCUREMENT REQUIREMENTS:
3.1 DELIVERY: Delivery is required F.O.B. DESTINATION, freight pre-paid within forty five (45)
days of receipt of Purchase Order, to any delivery location within Maricopa County as specified
by the County. Contractor shall indicate on Pricing Documentation (Attachment A) any additional
freight or handling charges that would be associated with special shipping and/or handling
delivery. It shall be the Contractor's responsibility to meet the County's delivery requirements, as
called for in the Technical Specifications. Maricopa County reserves the right to obtain services on
the open market in the event the Contractor fails to make delivery and any price differential will
be charged against the Contractor.
3.2 DELIVERY:
It shall be the Contractor's responsibility to meet the proposed delivery requirements. Maricopa
County reserves the right to obtain services on the open market in the event the Contractor fails to
make delivery and any price differential will be charged against the Contractor.
3.3 SHIPPING TERMS:
Bid price(s) and terms shall be F.O.B. Destination PREPAID at Phoenix, Arizona 85003
3.4 WARRANTY:
3.4.1 Assuming normal use and lack of abuse, field ballistic performance to specified threat
level must be warranted for no less than FIVE YEARS FROM DATE OF DELIVERY.
3.4.2 Outer carriers shall be guaranteed against defects in workmanship for 36 months from
the time of delivery to Maricopa County Sheriff's Office.
SERIAL 16061-RFP
3.4.3 Vests shall be guaranteed to fit satisfactorily upon delivery based on initial custom
measurements.
3.4.4 Bidder and/or manufacturer shall agree to provide alterations or replacement free until the
wearer is satisfied.
3.5 PRODUCT DISCONTINUANCE:
In the event that a manufacturer discontinues a product and/or model, the County may allow the
successful Contractor to provide a substitute for the discontinued item or may cancel the Contract.
If the Contractor requests permission to substitute a new product or model, it shall provide the
following to the County:
3.5.1 Documentation from the manufacturer that the product or model has been discontinued.
3.5.2 Documentation that names the replacement product or model.
3.5.3 Documentation that provides clear and convincing evidence that the replacement meets
or exceeds all Specifications required by the original Invitation for Bids.
3.5.4 Documentation that provides clear and convincing evidence that the replacement will be
compatible with all the functions or uses of the discontinued product or model.
3.5.5 Documentation confirming that the price for the replacement is the same as or less than
the discontinued product or model. Product discontinuance applies only to those items
specifically listed on any resultant contract. This will not apply to catalog items not
specifically listed on any resultant contract.