220012-CONTRACT-DIAMONDBACK POLICE SUPPLY CO.PDF
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CONTRACT BODY ARMOR AND RELATED
PARTS/ACCESSORIES 220012-RFP
This contract is entered into this 7th day of December, 2022 by and between Maricopa County (“County”),
a political subdivision of the State of Arizona, and Diamondback Police Supply Co., Inc., an Arizona
corporation (“Contractor”) for the purchase of body armor, tactical equipment and related supplies to be
used by Maricopa County Sheriff’s Office (MCSO), Courts, and Adult Probation and other County
departments.
1.0
CONTRACT TERM
This contract is for a term of three years, beginning on the 7th of December, 2022 and ending the
31st of November, 2025.
2.0
OPTION TO RENEW
The County may, at its option and with the concurrence of the Contractor, renew the term of this
contract up to a maximum of three additional year(s), (or at the County’s sole discretion, extend the
contract on a month-to-month basis for a maximum of six 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 60 calendar days prior to the expiration of the original contract term.
3.0
CONTRACT COMPLETION
In preparation for contract completion, the Contractor shall make all reasonable efforts for an
orderly transition of its duties and responsibilities to another provider and/or to the County. This
may include, but is not limited to, preparation of a transition plan and cooperation with the County
or other providers in the transition. The transition includes the transfer of all records and other data
in the possession, custody, or control of the Contractor that are required to be provided to the
County either by the terms of this agreement or as a matter of law. The provisions of this clause
shall survive the expiration or termination of this agreement.
4.0
PRICE ADJUSTMENTS
Any requests for reasonable price adjustments must be submitted 60 calendar days prior to
contract expiration. Requests for adjustment in cost of labor and/or materials must be supported
by appropriate documentation. The reasonableness of the request will be determined by comparing
the request with the Consumer Price Index or by performing a market survey. If County agrees to
the adjusted price terms, County shall issue written approval of the change and provide an updated
version of the contract. The new change shall not be in effect until the date stipulated on the
updated version of the contract.
SERIAL 220012-RFP
5.0
PAYMENTS
5.1
As consideration for performance of the duties described herein, County shall pay
Contractor the sum(s) stated in Exhibit D – Pricing Sheet.
5.2
Payment shall be made upon the County’s receipt of a properly completed invoice.
5.3
INVOICES
5.3.1
The Contractor shall submit one legible copy of their detailed invoice before
payment(s) will be made. Incomplete invoices will not be processed. At a minimum,
the invoice must provide the following information:
•
Company name, address, and contact information
•
County bill-to name and contact information
•
Contract serial number
•
County purchase order number
•
Project name and/or number
•
Invoice number and date
•
Payment terms
•
Date of service or delivery
•
Quantity
•
Contract item number(s)
•
Arrival and completion time
•
Description of purchase (product or services)
•
Pricing per unit of purchase
•
Extended price
•
Freight (if applicable)
•
Mileage with rate (if applicable)
•
Total amount due
5.3.2
All MCSO Invoices shall be emailed to
mcso_accounts_payable@mcso.maricopa.gov.
5.3.3
Problems regarding billing or invoicing shall be directed to the department as listed
on the purchase order.
5.3.4
Payment shall only be made to the Contractor by Accounts Payable through the
Maricopa County Vendor Express Payment Program. This is an electronic funds
transfer (EFT) process. After contract award, the Contractor shall complete the
Vendor Registration Form accessible from the County Department of Finance
Vendor
Registration
Web
Site
https://www.maricopa.gov/5169/Vendor-
Information.
5.3.5
Discounts offered in the contract shall be calculated based on the date a properly
completed invoice is received by the County.
5.3.6
EFT payments to the routing and account numbers designated by the Contractor
shall include the details on the specific invoices that the payment covers. The
Contractor is required to discuss remittance delivery capabilities with their
designated financial institution for access to those details.
5.4
APPLICABLE TAXES
5.4.1
It is the responsibility of the Contractor to determine any and all applicable taxes
and include those taxes in their proposal. The legal liability to remit the tax is on
the entity conducting business in Arizona. Tax is not a determining factor in
contract award.
SERIAL 220012-RFP
5.4.2
The County will look at the price or offer submitted and will not deduct, add, or alter
pricing based on speculation or application of any taxes, nor will the County
provide Contractor any advice or guidance regarding taxes. If you have questions
regarding your tax liability, seek advice from a tax professional prior to submitting
your bid. You may also find information at https://www.azdor.gov/Business.aspx.
Once your bid is submitted, the offer is valid for the time specified in this solicitation,
regardless of mistake or omission of tax liability. If the County finds overpayment
of a project due to tax consideration that was not due, the Contractor will be liable
to the County for that amount, and by contracting with the County agrees to remit
any overpayments back to the County for miscalculations on taxes included in a
bid price.
5.4.3
Tax Indemnification: Contractor and all subcontractors shall pay all Federal, State,
and local taxes applicable to their 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
workers’
compensation. Contractor may be required to establish, to the satisfaction of
County, that any and all fees and taxes due to a municipality or the State of Arizona
for any license or transaction privilege taxes, use taxes, or similar excise taxes are
currently paid (except for matters under legal protest).
6.0
POST AWARD MEETING
The contractor may be required to attend a post-award meeting with the department to discuss the
terms and conditions of this contract. This meeting will be coordinated by the procurement officer of
the contract.
7.0
AVAILABILITY OF FUNDS
7.1
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.
7.2
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 10 days in advance.
8.0
DELIVERY
8.1
Delivery is desired as soon as possible and within 90 days of receipt of purchase order,
unless otherwise approved in writing by the County, and details shall be stipulated on the
purchase order to any delivery location within Maricopa County as specified by the County.
Contractor shall indicate on the Attachment D - Pricing Sheet 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.
SERIAL 220012-RFP
8.2
Contractor shall notify the county representative listed on the order if the requested delivery
date and/or the anticipated lead time cannot be met. Failure to communicate to County
changes in the order status may result in default proceedings.
8.3
Supplies or equipment shall be delivered between the hours of 8:00 a.m. and 4:00 p.m.
MST, Monday through Friday, except on County recognized holidays.
8.4
Delivery shall be F.O.B. Destination Freight Prepaid.
8.5
EXPEDITED DELIVERY
8.5.1
If the department determines that expedited delivery or other alternate shipping is
required, it shall notify the contractor. The contractor shall determine any additional
costs associated with such delivery terms and communicate that cost to the
department.
8.5.2
The department shall not advise the contractor to proceed with an expedited
shipment until acceptable terms are agreed upon and a purchase order is issued.
Upon agreeing to the additional costs, the department shall advise the contractor
to proceed.
8.5.3
Upon receipt of material(s) and invoicing, the department shall ensure that any
additional charges are in compliance with and do not exceed agreed to costs. The
department shall retain all documents related to these costs.
8.6
SHIPPING TERMS
Bid price(s) and terms shall be F.O.B. Destination Freight Prepaid at the location(s)
stipulated on the purchase order. All delivery locations are within Maricopa County.
8.7
SHIPPING DOCUMENTS
A packing list or other suitable shipping document shall accompany each shipment and
shall include the following:
8.7.1
Contract serial number
8.7.2
Contractor’s name and address
8.7.3
Department name and address
8.7.4
Department purchase order number
8.7.5
A description of product(s) shipped, including item number(s), quantity(ies),
number of containers, and package number(s), as applicable.
9.0
OPERATING MANUALS
Upon delivery, contractor shall provide comprehensive operational manuals, service manuals, and
schematic diagrams, if requested by the department.
10.0
TESTING
Unless otherwise specified, materials purchased will be inspected by the using agency to ensure
the products meet the quality and quantity requirements of the specifications. When deemed
necessary by the County, samples of the products may be taken at random from stock received for
submission to a commercial laboratory or other appropriate agency for analysis and tests as to
whether the products conform in all respects to the specifications. In cases where commercial
SERIAL 220012-RFP
laboratory reports indicate that the products do not meet the specifications, the expense of such
analysis is to be borne by the contractor.
11.0
STRATEGIC ALLIANCE for VOLUME EXPENDITURES (SAVE)
The County is a member of the SAVE cooperative purchasing group. SAVE 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. If Contractor does not want to grant such access to a member of
SAVE, state so in Contractor’s bid. In the absence of a statement to the contrary, the County will
assume that Contractor does wish to grant access to any contract that may result from this bid. The
County assumes no responsibility for any purchases by using entities.
12.0
INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPAs)
County currently holds ICPAs with numerous governmental entities. These agreements allow those
entities, with the approval of the Contractor, to purchase their requirements under the terms and
conditions of the County contract. It is the responsibility of the non-County government entity to
perform its own due diligence on the acceptability of the contract under its applicable procurement
rules, processes, and procedures. Certain governmental agencies may not require an ICPA and
may utilize this contract if it meets their individual requirements. Other governmental agencies may
enter into a separate Statement of Work with the Contractor to meet their own requirements. The
County is not a party to any uses of this contract by other governmental entities.
13.0
EMPLOYEE DISCOUNTS
Should an employee add personal funds to an allowance provided by the County in order to
purchase an upgrade of the item for which the allowance is intended, the employee shall be offered
the upgraded item being purchased at the same discounted price available to the County.
14.0
DUTIES
14.1
The Contractor shall perform all duties stated in Exhibit B – Scope of Work, or as otherwise
directed in writing by the procurement officer.
14.2
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.
14.3
Throughout the term of the contract, Contractor shall only offer ballistic body armor models
that, at a minimum, meet the requirements of NIJ Standard 0101.06, Ballistic Resistance
of Body Armor (or any subsequent revision of this standard) as providing multiple hit
protections for the Threat Level II or Threat Level IIIA ballistic threats and/or Stab Armor
that, at a minimum, meet the requirements of NIJ Standard 0115.00, Stab Resistance of
Personal Body Armor (or any subsequent revision of this standard), and/or Combination
Armor that, at a minimum, meets both (NIJ) Standard-0101.06 and NIJ Standard-0115.00,
as applicable. The standards are minimum performance standards developed in
collaboration with the Office of Law Enforcement Standards (OLES) of the National Institute
of Standards and Technology (NIST).
14.4
In order to assure that body armor models will meet the minimum performance standards
for use by the criminal justice community, Contractor shall only offer body armor from
manufacturers that participate in the NIJ Voluntary Compliance Testing Program
(CTP)
and
be
listed
on
the
NIJ
Compliant
Products
List
(CPL)
(https://cjtec.org/compliance-testing-program/compliant-product-lists/).
SERIAL 220012-RFP
14.5
As per NIJ standard 0101.06 Ballistic Resistance of Body Armor, the classification of an
armor panel offered by the Contractor that provides two or more levels of NIJ ballistic
protection at different locations on the ballistic panel shall be that of the minimum ballistic
protection provided at any location on the panel.
14.6
Ballistic Helmets offered by the Contractor shall at a minimum, meet the requirements for
NIJ Standard 0108.01 Ballistic Resistant Protective Equipment (or any subsequent revision
of this standard), as applicable.
14.7
Respondents shall be capable of providing approximately 200-600 vests per year.
Respondents may bid on all or part of the required body armor.
14.8
In addition to specifications listed below in sections 14.9 and 14.10, contractor offering
body armor shall offer body armor that possess the following characteristics:
14.8.1 Designed in such a manner as to prevent the armor from riding up on the wearer.
14.8.2 Be flexible, thin, and lightweight
14.8.3 Have adjustments for the chest, waist, and shoulders.
14.8.3.1 The vest shall provide maximum practical protective coverage for male
and female officers for everyday wear. Additionally, it must not bind or
constrict user mobility or wearability.
14.8.3.2 Female models shall be designed specifically for the female torso and
shall have allowances for bust configuration.
14.8.4 Areal density of the armor panels pounds per square foot (psf) shall meet the
specified levels required per NIJ standards.
14.8.5 Material
The materials used to manufacture these vests shall be new, unused and without
flaws that affect appearance, durability and function.
14.8.6 Fiber and Fabric Properties
14.8.6.1 Each lot's critical fiber properties (denier, # of filaments, fiber type,
tenacity, and elongation at break) shall be certified by the fiber
manufacturer.
14.8.6.2 Each lot's critical fabric properties (weave, warp and fill ends/inch, basis
weight, thickness, yarn and fabric tensile properties; and for ballistic
vests, 9mm and.357 Mag. (for level II) and 357 Sig and .44 Mag (for
level IIIA) V-50 ballistic limits) shall be certified by the fabric
manufacturer.
14.8.7 Ballistic Panels
14.8.7.1 The ballistic panel shall use multiple types of ballistic, fragmentation, and
blunt trauma design.
14.8.7.2 The ballistic panel shall be soft, flexible, and readily conformable to the
body.
14.8.7.3 The ballistic panel shall have a way of keeping the pile in place to reduce
impact movement.
SERIAL 220012-RFP
14.8.7.4 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 will be rejected.
14.8.8 Ballistic Panel Covers
14.8.8.1 Contractor shall ensure that each ballistic panel shall:
14.8.8.1.1 Be permanently covered with a material which prevents
exposure to environmental elements. The cover must be
sealed at the seams to prevent moisture intrusion.
14.8.8.1.2 Comply with the NIJ 0101.06 Standard, section 4.2.4 Armor
Submersion standard (or any subsequent revision of this
standard), including but not limited to the standards regarding
the lamination system hydrostatic resistance.
14.8.8.2 Manufacturer data and ballistic panel information confirming adherence
to NIJ 0101.06 Standard, section 4.2.4 Armor Submersion standard
shall be available for inspection upon request.
14.8.8.3 Armor Plate (front and rear required)
14.8.8.4 In addition to the armor plate specifications listed in sections 14.9 and
14.10for specific body armor types (does not include concealable Level
II and Level IIIA), chest plate for all armor types 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.
14.8.8.5 Armor plates shall meet the following specifications, as well as listed
those listed for specific body armor types in sections 14.9 and 14.10:
14.8.8.5.1 May be made of various materials (i.e., ceramic, titanium,
composite, polyurethane, spectra, etc.). Material used shall
bring the protection in the area of the plate up to the levels
as stated in sections 1.3 to 1.6.
14.8.8.5.2 Be of a size and dimension to fit into the armor plate pocket
on the vest carrier (8"x10", 10”x12”, 11”x14”).
14.8.8.5.3 Have a left to right curvature radius with each corner to
provide a more natural fit to the wearers’ body.
14.8.8.5.4 Have an outer cover material so as to be resistant to
abrasion, cuts, tears and be water resistant. In addition,
plates must resist the effects of exposure to high
temperatures.
14.8.8.6 Plates shall also be made available for individual purchase.
14.8.8.7 Contractor shall price front plate separately as a possible add on.
SERIAL 220012-RFP
14.8.9 Labels
14.8.9.1 Each ballistic vest shall contain:
14.8.9.1.1 A concealed label to enable future tracing of the panel by
model, serial, and lot number, and date of manufacture.
Label shall be written in English.
14.8.9.1.2 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. Label shall be written in English.
14.8.10 Quality Control Program and Policy
14.8.10.1 Contractor shall only offer/present products from manufacturers that:
14.8.10.1.1 Are Quality Certified by an accredited Quality Registrar to
the ISO 9001 standard.
14.8.10.1.2 Have a comprehensive Quality Control Program, which
includes a written quality control policy and quality
assurance steps, and shall be able to provide proof of such
upon request from the County. Contractor shall describe
their Quality Control Program and Policy in the proposal.
14.8.10.2 All quality control documents and data must be made available for
inspection upon request.
14.8.11 Product Consistency
14.8.11.1 Contractor shall ensure the following:
14.8.11.1.1 NO PRODUCT SUBSTITUTIONS shall be made without
the prior written approval of MCSO.
14.8.11.1.2 ALL VESTS SHALL BE SERIALIZED, 100 percent
inspected, and traceable.
14.8.11.1.3 All procedures and quality data shall be available for
inspection upon request.
14.8.11.2 Contractor shall only offer/present products from manufacturers that are
able to meet the following requirements:
14.8.11.2.1 Warrant that the NIJ certified model is on the NIJ CPL and
has been tested to perform at its established protection
levels as per NIJ standards (Standard-0101.06 for Ballistic
Resistance of Body Armor and NIJ Standard-0115.00 for
Stab Resistance of Personal Body Armor) as applicable.
14.8.11.2.2 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.
SERIAL 220012-RFP
14.8.11.2.3 Manufacturers ensure that they re-check critical fabric
properties (fiber and fabric property certifications, weave
type, warp and fill ends/inch, basis weight, and penetration
resistance (9mm and.357 Mag. for level II and 357 Sig and
.44 Mag for level IIIA)) of each shipment received prior to its
use in the manufacture of ballistic vests.
14.8.11.2.4 Manufacturer
allows
unannounced
plant
and
data
inspections, if the using agency wishes to conduct them, at
any time during or after the production of the vests.
14.8.12 Product Liability for Body Armor
14.8.12.1 Contractor shall only offer products from manufacturers that provide
the following:
14.8.12.1.1 Any manufacturer's vests, ballistic panels and armor plates
offered shall have Product Liability Insurance of no less
than $25,000,000 for each delivered vest, ballistic panel or
armor covering the vest, or ballistic panel or armor. Product
liability shall cover the wearer of vest or armor should the
product fail under during its deployment under conditions
for which the vest was rated.
14.8.12.1.1.1 Contractor
shall
provide
proof
of
manufacturer’s Product Liability Insurance
no less than $25,000,000 for any vests or
armor offered with proposals.
14.8.12.1.1.2 In
addition
to
providing
proof
of
manufacturer’s Product Liability Insurance
at time of proposal, contractor shall provide
proof of required Product Liability Insurance
for any vest, or ballistic panel or armor
added to over the term of the contract prior
to making the product available to the
County.
14.9
CONCEALABLE LEVEL II AND CONCEALABLE LEVEL IIIA BODY ARMOR
14.9.1 Concealable Level II and Level IIIA shall be:
14.9.1.1 Fully concealable under a standard law enforcement type uniform so as
not to become apparent during normal law enforcement duty activities.
14.9.1.2 Concealable under a uniform shirt.
14.9.2 Ballistic Vest Carrier
14.9.2.1 Each vest shall be supplied with two six-point adjustable carriers.
14.9.2.2 Vest carriers will be black in color.
14.9.2.3 The vest carrier shall contain front and back 5"x8" or 8"x10"
combination trauma plate pockets and may carry a built-in medical alert
pocket that shall be 2-3/4”x 4” [credit card size] pocket to allow for the
insertion of any special medical alert information/cards, and shall be on
the outside.
SERIAL 220012-RFP
14.9.2.4 The ballistic vest carrier may include EMD/Taser device resistant
technology. The EMD/Taser resistance can be either part of the vest
carrier or part of the ballistic panel. It must be permanently affixed to
either the ballistic panel or ballistic vest carrier. The EMD/Taser resistant
technology shall not be subject to moisture or environmental
degradation and must last throughout the life of the vest. As part of the
vest carrier, EMD/Taser device resistant technology must be washable.
The EMD/Taser device resistant technology must be proven technology
and free from liability due to patent infringement.
14.9.3 Required Additional Armor Upgrades
14.9.3.1 Product offered shall be inclusive of soft trauma armor plates that offer
increased ballistic protection to vital areas.
14.9.3.1.1 The material used must bring the protection in the area of
the plate up to a Level IIIA National Institute of Justice (NIJ)
0101.06 standard.
14.9.3.1.2 Soft trauma armor plates shall also be made available for
individual purchase (include price as a line item on
Attachment D-Pricing).
14.9.3.2 Option to upgrade vest to a Level IIIA vest armor (include price as a line
item on Attachment D-Pricing)
14.9.3.3 Option to purchase front and rear Level III, Level III Plus, and Level IV
Plates: 5”x7”, 8”x10”, 10”x12” and 11”x14” sizes (include price as a line
item on Attachment D-Pricing).
14.10
LEVEL III COMBINATION ARMOR
14.10.1 NIJ STANDARD-0115.00
14.10.1.1 Each vest model should be separately tested and certified to comply
with the requirements of the National Institute of Justice (NIJ) Standard-
0101.06 (or any subsequent revision of this standard) for Level IIIA
Ballistic Resistance of Body Armor and NIJ Standard-0115.00 (or any
subsequent revision of this standard) for Stab Resistance of Personal
Body Armor.
14.10.1.2 Contractor shall only offer vest models that are on the NIJ Compliant
Products List for Combination Armor (https://cjtec.org/compliance-
testing-program/compliant-product-lists/) to ensure that the armor
models will meet the minimum performance standards for use by the
criminal justice community.
14.10.2 Like or Equal Standards
14.10.2.1 Offered vest shall meet or exceed the published specifications of the
Point Blank Spike 3 vest (or equivalent) and Level IIIA Body Armor.
Respondents shall provide NIJ 0115.00 testing data along with any
comparative data to the referenced spike vest.
SERIAL 220012-RFP
15.0
TERMS AND CONDITIONS
15.1
INDEMNIFICATION
15.1.1 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, 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 of the contractor, a
subcontractor, anyone directly or indirectly employed by them, or anyone for
whose acts they may be liable relating to the performance of this contract.
15.1.2 Contractor's duty to defend, indemnify, and hold harmless the County, its agents,
representatives, 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 therefrom, 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, anyone 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.
15.1.3 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 section.
15.1.4 The scope of this indemnification does not extend to the sole negligence of County.
15.2
INSURANCE
15.2.1 Contractor, at Contractor’s own expense, shall purchase and maintain, at a
minimum, the herein stipulated insurance from a company or companies duly
licensed by the State of Arizona and possessing an AM Best, Inc. category 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.
15.2.2 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.
15.2.3 In the event that the insurance required is written on a claims-made basis,
Contractor warrants that any retroactive date under the policy shall precede the
effective date of this contract and either continuous coverage will be maintained,
or an extended discovery period will be exercised for a period of two years
beginning at the time work under this contract is completed.
15.2.4 Contractor’s insurance shall be primary insurance as respects County, and any
insurance or self-insurance maintained by County shall not contribute to it.
15.2.5 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.
SERIAL 220012-RFP
15.2.6 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.
15.2.7 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.
15.2.8 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.
15.2.9 If available, the insurance policies required by this contract may be combined with
Commercial Umbrella Insurance policies to meet the minimum limit requirements.
If a Commercial Umbrella insurance policy is utilized to meet insurance
requirements, the Certificate of Insurance shall indicate which lines the
Commercial Umbrella Insurance covers.
15.2.9.1 Commercial General Liability
Commercial General Liability (CGL) 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. 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 CGL limiting the scope of coverage
for liability arising from explosion, collapse, or underground property
damage.
15.2.9.2 Automobile Liability
Commercial/Business Automobile Liability insurance with a combined
single limit for bodily injury and property damage of not less than
$2,000,000 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.
15.2.9.3 Workers’ Compensation
15.2.9.3.1 Workers’ compensation insurance to cover obligations
imposed by Federal and State statutes having jurisdiction of
Contractor’s employees engaged in the performance of the
work or services under this contract; and Employer’s
Liability insurance of not less than $1,000,000 for each
accident, $1,000,000 disease for each employee, and
$1,000,000 disease policy limit.
SERIAL 220012-RFP
15.2.9.3.2 Contractor, its subcontractors, and sub-subcontractors
waive all rights against this contract and its agents, officers,
directors, and employees for recovery of damages to the
extent these damages are covered by the workers’
compensation and Employer’s Liability or Commercial
Umbrella Liability insurance obtained by Contractor, its
subcontractors, and its sub-subcontractors pursuant to this
contract.
15.2.10 Certificates of Insurance
15.2.10.1 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.
15.2.10.2 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.
15.2.10.3 If a policy does expire during the life of the Contract, a renewal certificate
must be sent to County 15 calendar days prior to the expiration date.
15.2.10.4 Certificates of Insurance shall identify Maricopa County as the certificate
holder as follows:
Maricopa County
c/o Risk Management
301 W Jefferson St, Suite 910
Phoenix, AZ 85003
15.2.11 Cancellation and Expiration Notice
Applicable to all insurance policies required within the insurance requirements of
this contract, Contractor’s insurance shall not be permitted to expire, be
suspended, be canceled, or be materially changed for any reason without 30 days
prior written notice to Maricopa County. Contractor must provide to Maricopa
County, within two business days of receipt, if they receive notice of a policy that
has been or will be suspended, canceled, materially changed for any reason, has
expired, or will be expiring. Such notice shall be sent directly to Maricopa County
Office of Procurement Services and shall be mailed, or hand delivered to
160 S. 4th Avenue, Phoenix, AZ 85003, or emailed to the procurement officer noted
in the solicitation.
15.3
FORCE MAJEURE
15.3.1 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 include, but are not limited to,
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
SERIAL 220012-RFP
sanction, lockout, blockage, embargo, labor dispute, strike, and interruption or
failure of electricity or telecommunication service, and pandemic.
15.3.2 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.
15.3.3 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.
15.4
ORDERING AUTHORITY
Any request for purchase shall be accompanied by a valid purchase order issued by a
County department or directed by a Certified Agency Procurement Aid (CAPA) with a
purchase card for payment.
15.5
PROCUREMENT CARD ORDERING CAPABILITY
County may opt to use a procurement card (Visa or Master Card) to make payment for
orders under this contract.
15.6
INTERNET ORDERING CAPABILITY
It is the intent of Maricopa County to use the Internet to communicate and to place orders
under this contract.
15.7
NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION
This contract does not guarantee any minimum or maximum purchases will be made.
Orders will only be placed under this contract when the County identifies a need and proper
authorization and documentation have been approved.
15.8
PURCHASE ORDERS
15.8.1 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, or for shipment of product prior to issuance of purchase order.
15.8.2 Contractor agrees to accept verbal notification of cancellation of purchase orders
from the County procurement officer with written notification to follow. Contractor
specifically acknowledges to be bound by this cancellation policy.
15.9
BACKGROUND CHECK
Respondents may be required to pass multiple background checks (e.g. Sheriff’s Office,
County Attorney's Office, Courts, as well as Maricopa County general government) to
determine if the respondent is acceptable to do business with the County. This applies to,
but is not limited to, the company, subcontractors, and employees, and the failure to pass
these checks shall deem the respondent non-responsible.
SERIAL 220012-RFP
15.10
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.
15.11
STOP WORK ORDER
15.11.1 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 calendar 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 calendar days after a
stop work order is delivered to the Contractor, or within any extension of that period
to which the parties shall have agreed, the procurement officer shall either:
15.11.1.1 cancel the stop work order; or
15.11.1.2 terminate the work covered by the order as provided in the Termination
for Default or the Termination for Convenience clause of this contract.
15.11.1.3 The procurement officer may make an equitable adjustment in the
delivery schedule and/or contract price, 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
15.12
TERMINATION FOR CONVENIENCE
Maricopa County may terminate the resultant contract for convenience by providing 60
calendar days advance notice to the Contractor.
15.13
TERMINATION FOR DEFAULT
15.13.1 The County may, by written Notice of Default to the Contractor, terminate this
contract in whole or in part if the Contractor fails to:
15.13.1.1 deliver the supplies or to perform the services within the time specified
in this contract or any extension;
15.13.1.2 make progress, so as to endanger performance of this contract; or
15.13.1.3 perform any of the other provisions of this contract.
15.13.1.4 The County’s right to terminate this contract under these subparagraphs
may be exercised if the Contractor does not cure such failure within 10
business days (or more if authorized in writing by the County) after
receipt of a Notice to Cure from the procurement officer specifying the
failure.
SERIAL 220012-RFP
15.14
PERFORMANCE
It shall be the Contractor’s responsibility to meet the proposed performance requirements.
Maricopa County reserves the right to obtain services on the open market in the event the
Contractor fails to perform, and any price differential will be charged against the Contractor.
15.15
CONTRACTOR EMPLOYEE MANAGEMENT
15.15.1 Contractor shall endeavor to maintain the personnel proposed in their proposal
throughout the performance of this contract.
15.15.2 If Contractor personnel’s employment status changes, Contractor shall provide
County a list of proposed replacements with equivalent or greater experience.
15.15.3 Under no circumstances shall the implementation schedule to be impacted by a
personnel change on the part of the Contractor.
15.15.4 Contractor shall not reassign any key personnel identified in their proposal without
the express consent of the County.
15.15.5 County reserves the right to immediately remove from its premises any Contractor
personnel it determines to be a risk to County operations.
15.15.6 County reserves the right to request the replacement of any Contractor personnel
at any time, for any reason.
15.16
ACCEPTANCE
Upon delivery and successful installation (as necessary), the material(s) shall be deemed
accepted and the warranty period shall begin. Successful installation shall be defined as
a) the material(s)/equipment is installed (as necessary) and fully operational; and b) initial
training, if any, is complete. All documentation shall be completed prior to final acceptance.
15.17
TRAINING
Contractor shall provide training services upon request by the using agency to completely
train County personnel in the use and care of the equipment. All training shall take place
on-site at a County location identified by the using agency unless otherwise negotiated with
County.
15.18
WARRANTY OF SERVICES
15.18.1 The Contractor warrants that all services provided hereunder will conform to the
requirements of the contract, including all descriptions, specifications, and
attachments made a part of this contract. County’s acceptance of services or
goods provided by the Contractor shall not relieve the Contractor from its
obligations under this warranty.
15.18.2 In addition to its other remedies, County may, at the Contractor's expense, require
prompt correction of any services failing to meet the Contractor's warranty herein.
Services corrected by the Contractor shall be subject to all the provisions of this
contract in the manner and to the same extent as services originally furnished
hereunder.
15.18.3 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.
SERIAL 220012-RFP
15.18.4 Outer carriers shall be guaranteed against defects in workmanship for 36 months
from the time of delivery to Maricopa County Sheriff’s Office or other County
department(s) using this contract.
15.18.5 Vests shall be guaranteed to fit satisfactorily upon delivery based on initial custom
measurements.
15.18.6 Bidder shall agree to provide alterations or replacement free until the wearer is
satisfied and/or ensure the manufacturer will provide alterations or replacement
free until the wearer is satisfied
15.19
MAINTENANCE
The contractor shall provide maintenance for the materials under this contract upon
acceptance of materials by the department.
15.20
FACTORY AUTHORIZED SERVICE AVAILABILITY
The contractor shall have and maintain a factory authorized service facility capable of
supplying and installing component parts, troubleshooting, repairing, and maintaining the
material(s). Minimum service hours shall be from 8:00 a.m. through 5:00 p.m. MST,
Monday through Friday, excluding County holidays.
15.21
INSPECTION OF SERVICES
15.21.1 The Contractor shall provide and maintain an inspection system acceptable to
County covering the services under this contract. Complete records of all
inspection work performed by the Contractor shall be maintained and made
available to County during contract performance and for as long afterwards as the
contract requires.
15.21.2 County has the right to inspect and test all services called for by the contract, to
the extent practicable at all times and places during the term of the contract.
County shall perform inspections and tests in a manner that will not unduly delay
the work.
15.21.3 If any of the services do not conform to contract requirements, County may require
the Contractor to perform the services again in conformity with contract
requirements, at no cost to the County. When the defects in services cannot be
corrected by re-performance, County may:
15.21.3.1 require the Contractor to take necessary action to ensure that future
performance conforms to contract requirements; and
15.21.3.2 reduce the contract price to reflect the reduced value of the services
performed.
15.21.4 If the Contractor fails to promptly perform the services again or to take the
necessary action to ensure future performance in conformity with contract
requirements, County may:
15.21.4.1 by contract or otherwise, perform the services and charge to the
Contractor, through direct billing or through payment reduction, any cost
incurred by County that is directly related to the performance of such
service; or
15.21.4.2 terminate the contract for default.
SERIAL 220012-RFP
15.22
STOCK
The contractor shall be expected to stock sufficient quantities as may be necessary to meet
the County’s needs and deliver as stated in the Invitation for Bids.
15.23
DISCONTINUED MATERIALS
15.23.1 In the event that a manufacturer discontinues materials, the County may allow the
contractor to provide a substitute for the discontinued item or may cancel the
contract. If the contractor requests permission to substitute a new material, the
contractor shall provide the following to the County:
15.23.1.1 Contractor shall give a minimum of 90-days’ notice that a manufacturer
will be discontinuing a product or model of the product. Notice shall
contain:
15.23.1.1.1 Documentation from the manufacturer that the material has
been discontinued.
15.23.1.1.2 Documentation that names the replacement material.
15.23.1.1.3 Documentation that provides clear and convincing evidence
that the replacement material meets or exceeds all
specifications required by the original solicitation.
15.23.1.1.4 Documentation that provides clear and convincing evidence
that the replacement material will be compatible with all the
functions or uses of the discontinued material.
15.23.1.1.5 Documentation
confirming
that
the
price
for
the
replacement is the same as or less than the discontinued
material.
15.24
TRADE-INS
Contractor may be requested to submit prices on trade-in(s). Whether materials will
actually be traded is at the option of the County.
15.25
USAGE REPORT
The Contractor shall furnish the County a usage report, upon request, delineating the
acquisition activity governed by the contract. The format of the report shall be approved by
the County and shall disclose the quantity and dollar value of each contract item by
individual unit of measure.
15.26
STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
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.
SERIAL 220012-RFP
15.27
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.
15.28
SUBCONTRACTING
15.28.1 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 or project.
15.28.2 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. 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.
15.29
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.
15.30
ADDITIONS/DELETIONS OF REQUIREMENTS
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.
15.31
RIGHTS IN DATA
15.31.1 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.
15.31.2 Data, records, reports, and all other information generated for the County by a third
party as the result of a contract are the property of the County and shall be provided
in a format designated by the County or shall be and remain accessible to the
County into perpetuity.
15.32
ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW
15.32.1 In accordance with Section MC1-372 of the Maricopa County Procurement Code,
the Contractor agrees to retain (physical or digital copies of) all books, records,
accounts, statements, reports, files, and other records and back-up documentation
relevant to this contract for six years after final payment or until after the resolution
of any audit questions, which could be more than six years, whichever is longest.
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.
SERIAL 220012-RFP
15.32.2 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.
15.33
AUDIT DISALLOWANCES
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 a deduction from current invoices submitted by the Contractor equal to 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.
15.34
STRICT COMPLIANCE
Acceptance by County of a performance that is not in strict compliance with the terms of
the contract shall not be deemed to be a waiver of strict compliance with respect to all other
terms of the contract.
15.35
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.
15.36
SEVERABILITY
The removal, 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.
15.37
RELATIONSHIPS
15.37.1 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.
15.37.2 The County reserves the right of final approval on proposed staff. 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 a different time period was previously
approved by the County.
15.38
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 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. (Arizona Executive Order 2009-09
can
be
downloaded
from
the
Arizona
Memory
Project
at
http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1.)
SERIAL 220012-RFP
15.39
WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01
If vendor engages in for-profit activity and has 10 or more employees, and if this agreement
has a value of $100,000 or more, vendor certifies it is not currently engaged in, and agrees
for the duration of this agreement to not engage in, a boycott of goods or services from
Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a
regulation issued pursuant to 50 U.S.C. § 4842.
15.40
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
15.40.1 The undersigned (authorized official signing on behalf of the Contractor) certifies
to the best of his or her knowledge and belief that the Contractor, its current
officers, and directors:
15.40.1.1 are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from being awarded any
contract or grant by any United States department or agency or any
state, or local jurisdiction;
15.40.1.2 have not within a three-year period preceding this contract:
15.40.1.2.1 been convicted of fraud or any criminal offense in
connection with obtaining, attempting to obtain, or as the
result of performing a government entity (Federal, State or
local) transaction or contract; or
15.40.1.2.2 been convicted of violation of any Federal or State antitrust
statutes or conviction for embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property regarding a
government entity transaction or contract;
15.40.1.3 are not presently indicted or criminally charged by a government entity
(Federal, State or local) with commission of any criminal offenses in
connection with obtaining, attempting to obtain, or as the result of
performing a government entity public (Federal, State or local)
transaction or contract;
15.40.1.4 are not presently facing any civil charges from any governmental entity
regarding obtaining, attempting to obtain, or from performing any
governmental entity contract or other transaction; and
15.40.1.5 have not within a three-year period preceding this contract had any
public transaction (Federal, State or local) terminated for cause or
default.
15.40.2 If any of the above circumstances described in the paragraph are applicable to the
entity submitting a bid for this requirement, include with your bid an explanation of
the matter including any final resolution.
15.40.3 The Contractor shall include, without modification, this clause in all lower tier
covered transactions (i.e. transactions with subcontractors or sub-subcontractors)
and in all solicitations for lower tier covered transactions related to this contract. If
this clause is applicable to a subcontractor or sub-subcontractor, the Contractor
shall include the information required by this clause with their bid.
SERIAL 220012-RFP
15.41
VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS
15.41.1 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 (I-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. I-9 forms are available for
download at www.uscis.gov.
15.41.2 The County retains the legal right to inspect documents of Contractor and
subcontractor employees performing work under this contract to verify compliance
with paragraph 15.41.1 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.
15.42
FORCED LABOR
15.42.1 By submitting a bid for this solicitation and/or entering into a contract as a result of
this solicitation, contractor agrees to comply with all applicable portions of Arizona
Revised Statutes Section 35-394. Contracting; procurement; prohibition; written
certification; remedy; termination; exception; definitions.
15.42.2 Contractor certifies that it does not currently, and agrees for the duration of the
contract, that it will not use:
15.42.2.1 The forced labor of ethnic Uyghurs in the People’s Republic of China.
15.42.2.2 Any goods or services produced by the forced labor of ethnic Uyghurs
in the People’s Republic of China.
15.42.2.3 Any contractors, subcontractors or suppliers that use the forced labor or
any good or services produced by the forced labor of ethnic Uyghurs in
the People’s Republic of China.
15.42.3 If contractor becomes aware during the term of the agreement that contractor is
not in compliance with this paragraph, the contractor shall notify the County within
five business days after becoming aware of the noncompliance. If the contractor
fails to provide a written certification to the County that the contractor has remedied
the noncompliance within 180 days after notifying the County of its noncompliance,
then the agreement terminates, except that if the agreement termination date
occurs before the end the 180 day period, the agreement terminates on the
agreement termination date.
SERIAL 220012-RFP
15.43
CONTRACTOR LICENSE REQUIREMENT
15.43.1 The Contractor shall procure all permits, insurance, and licenses, and pay the
charges and fees necessary and incidental to the lawful conduct of his/her
business, and as necessary complete any requirements, by any and all
governmental or non-governmental entities as mandated to maintain compliance
with and remain in good standing. The Contractor shall keep fully informed of
existing and future trade or industry requirements, and Federal, State, and local
laws, ordinances, and regulations which in any manner affect the fulfillment of a
contract and shall comply with the same. Contractor shall immediately notify both
the Office of Procurement Services and the department of any and all changes
concerning permits, insurance, or licenses.
15.43.2 Contractor furnishing finished products, materials, or articles of merchandise that
will require installation or attachment as part of the contract shall possess any
licenses required. Contractor is not relieved of its obligation to obtain and possess
the required licenses by subcontracting of the labor portion of the contract.
Contractors are advised to contact the Arizona Registrar of Contractors, Chief of
Licensing, to ascertain licensing requirements for a particular contract. Contractor
shall identify which license(s), if any, the Registrar of Contractors requires for
performance of the contract.
15.44
INFLUENCE
15.44.1 As prescribed in MC1-1203 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.
15.44.2 An attempt to influence includes, but is not limited to:
15.44.2.1 A person offering or providing a gratuity, gift, tip, present, donation,
money, entertainment or educational passes or tickets, or any type of
valuable contribution or subsidy 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.
15.44.3 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.
15.45
CONFIDENTIAL INFORMATION
15.45.1 Any information obtained in the course of performing this contract may include
information that is proprietary or confidential to the County. This provision
establishes the Contractor’s obligation regarding such information.
15.45.2 The Contractor shall establish and maintain procedures and controls that are
adequate to assure that no information contained in its records and/or obtained
from the County or from others in carrying out its functions (services) under the
contract shall be used by or disclosed by it, its agents, officers, or employees,
except as required to efficiently perform duties under the contract. The Contractor’s
procedures and controls, at a minimum, must be the same procedures and controls
it uses to protect its own proprietary or confidential information. If, at any time
during the duration of the contract, the County determines that the procedures and
controls in place are not adequate, the Contractor shall institute any new and/or
additional measures requested by the County within 15 business days of the
written request to do so.
SERIAL 220012-RFP
15.45.3 Any requests to the Contractor for County proprietary or confidential information
shall be referred to the County for review and approval, prior to any dissemination.
15.46
PUBLIC RECORDS
Under Arizona law, all offers submitted and opened are public records and must be
retained by the County at the Maricopa County 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.
15.47
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, expressed, or implied.
15.48
UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this contract, the Contractor agrees to comply with all applicable provisions
of
Title
2,
Subtitle
A,
Chapter
II,
Part
200—UNIFORM
ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL
AWARDS contained in Title 2 C.F.R. § 200 et seq.
15.49
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, Phoenix,
Arizona.
15.50
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.
15.51
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.
15.52
INCORPORATION OF DOCUMENTS
15.52.1 The following are to be attached to and made part of this Contract:
15.52.1.1 Exhibit A – Vendor Information and Pricing
15.52.1.2 Exhibit B – Scope of Work
SERIAL 220012-RFP
15.53
NOTICES
All notices given pursuant to the terms of this contract shall be addressed to:
For County:
Maricopa County
Office of Procurement Services
160 S. 4th Avenue
Phoenix, Arizona 85003-1647
For Contractor:
Doug MacKinlay
Diamondback Police Supply Co., Inc.
Diamondback Shooting Sports, Inc.
7030 E. Broadway Blvd.
Tucson, AZ 85710
15.54
INQUIRIES
15.54.1 Inquiries concerning information herein must be submitted prior to the question
deadline date/time posted in the e-procurement platform, Periscope S2G, using
the link in the “Q&A” tab.
15.54.2 Administrative telephone/email inquiries shall be addressed to:
ELIZABETH KUTTNER, PROCUREMENT OFFICER
TELEPHONE: (602) 506-0099
elizabeth.kuttner@maricopa.gov
15.54.3 Inquiries may be submitted by telephone but must be followed up in writing. No
oral communication is binding on Maricopa County.
SERIAL 220012-RFP
IN WITNESS WHEREOF, this contract is executed on the date set forth above.
CONTRACTOR
AUTHORIZED SIGNATURE
PRINTED NAME AND TITLE
ADDRESS
DATE
MARICOPA COUNTY
CHAIRMAN, BOARD OF SUPERVISORS
DATE
ATTESTED:
CLERK OF THE BOARD
DATE
APPROVED AS TO FORM:
DEPUTY COUNTY ATTORNEY
DATE
SERIAL 220012-RFP
EXHIBIT A: VENDOR INFORMATION AND PRICING
COMPANY NAME:
Diamondback Police Supply Co., Inc.
DOING BUSINESS AS (dba):
SAME
MAILING ADDRESS:
7030 E. Broadway Blvd., Tucson, AZ 85710
REMIT TO ADDRESS:
SAME
TELEPHONE NUMBER:
520-886-8338
FAX NUMBER:
520-886-8314
WWW ADDRESS:
www.dbackshootingsports.com
REPRESENTATIVE NAME:
Douglas MacKinlay
REPRESENTATIVE TELEPHONE NUMBER:
520-222-6008, Ext 1
REPRESENTATIVE EMAIL ADDRESS
DMAC@DBACKPOLICE.COM
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE
FROM THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
NET 30 DAYS
1.0 PRICING:
NOTE: ALL Prices Listed are SUBJECT to 8.7% SALES TAX that will be ADDED to the ITEM COST at
the TIME of INVOICING
BODY ARMOR
All body armor offered must be on the NIJ Compliant Product List:
https://cjtec.org/compliance-testing-program/compliant-product-lists/
SUBSECTION 2.7, Point Blank (HL6AXACS0M) AXII, Level II Concealable Vest w/ (2) Hi-Lite
Carriers & (1) Soft Trauma Insert
$714.95
SUBSECTION 2.7, Point Blank (HL6B25CS0M) BII-5, Level II Concealable Vest w/ (2) Hi-Lite
Carriers & (1) Soft Trauma Insert (Alternate Offer)
$539.95
SUBSECTION 2.7, Point Blank (HL6ABDCS0M) AXBIIIA, Level IIIA Concealable Vest w/ (2)
Hi-Lite Carriers & (1) Soft Trauma Insert
$857.95
SUBSECTION 2.7, Point Blank (HL6AD1CS0M) AXIIIA-1, Level IIIA Concealable Vest w/ (2) Hi-
Lite Carriers & (1) Soft Trauma Insert (Alternate Offer)
$819.95
SUBSECTION 2.12, Point Blank (SD6S3DBV0P) CB-S3-BIIIA-3, Level IIIA Ballistic/Level 3
Spike Combination Concealable Vest w/ (2) Standard Carriers
$1,024.95
SUBSECTION 2.12, Point Blank (SD6S3DCS0P) CB-S3-BIIIA-3, Level IIIA Ballistic/Level 3
Spike Combination Concealable Vest w/ (1) Standard Carrier (Alternate Offer)
$956.95
Armor Plates
SUBSECTION 2.7.3.3, Paraclete OMEGA ICW Level III Plate 5"x8"
$243.41
SUBSECTION 2.7.3.3, Paraclete OMEGA ICW Level III Plate 8"x10"
$408.55
SERIAL 220012-RFP
SUBSECTION 2.7.3.3, Paraclete OMEGA ICW Level III Plate 10"x12"
$556.51
SUBSECTION 2.8.5.1, Paraclete #40260SA Stand Alone Level III Plate 8.75"x11.75"
$815.58
SUBSECTION 2.8.5.1, Paraclete #40260SA Stand Alone Level III Plate 9.5"x12.5"
$823.15
SUBSECTION 2.8.5.1, Paraclete #40260SA Stand Alone Level III Plate 11"x14"
$838.30
SUBSECTION 2.10.2.1.2, Paraclete #20260 ICW Level III Plate 8"x10"
$515.10
SUBSECTION 2.10.2.1.2, Paraclete #20260 ICW Level III Plate 10"x12"
$610.55
Miscellaneous Items Related Items
Point Blank Thorshied Sleeve for Ballistic Panels (mitigates the effects of electroshock
weapons)
$66.03
Point Blank Soft Trauma Insert 5"x8" (Standard item included with ALL concealable ballistic
ONLY vests)
$24.70
Point Blank Soft Trauma Insert 8"x10"
$40.85
Vest Upgrade Pricing for Individual Officers
AXBIIIA Upgrade on the AXII Vest
$288.73
AXBIIIA Upgrade on the BII-5 Vest
$463.73
AXIIIA-1 Upgrade on the AXII Vest
$241.23
AXIIIA-1 Upgrade on the BII-5 Vest
$416.23
2.0 GENERAL DISCOUNT FROM PUBLISHED CATALOG PRICING FORBODY ARMOR/BALLISTIC
HELMET RELATED PARTS AND ACCESSORIES
Manufacturer Name & Catalog Website URLS
Discount
%
Point Blank: https://www.pointblankenterprises.com/protective-products-enterprises/
SEE
BELOW
Point Blank - Paraclete Products: https://www.pointblankenterprises.com/paraclete/
SEE
BELOW
Price lists and catalogs available from contractor upon request
Parts and Accessories including Concealable Carriers Parts/Accessories as listed in pages 1-14
of Point Blank 2022 Price List
52.50%
All other Parts and Accessories Products (Listed on pages 15-62 of Point Blank 2022 Retail
Price List)
49.50%
SERIAL 230002-RFP
Exhibit B: Scope of Work
DOCUMENT NAME: Proposal, Subsection 5.6.2.1
EXECUTIVE SUMMARY
Maricopa County is dedicated to the safety of their law enforcement professionals and would like to obtain
a selection of protective products consisting of Threat Level II and Threat Level IIIA Concealable Ballistic
Vests, Threat Level IIIA Tactical Vests including Hard Armor Rifle Plates, Threat Level 3 Spike/Level IIIA
Ballistic Combination Vests, Threat Level 3 Spike Vests, and Threat Level IIIA Ballistic Helmets to ensure
that the men and women who put their lives on the line protecting our communities are themselves protected
by the most advanced ballistic and protective products available. The County desires to not only ensure
that the products they acquire for their personnel will, in fact, provide the level of protection specified and
necessary to fully protect their personnel, but will do so while remining comfortable and wearable for
extended periods of time. The products offered must be manufactured to the highest standards of quality
and control, must be NIJ Certified, must be backed by the manufacturer’s warranty and product liability
insurance, and must be fully supported by the contract vendor should any issues with fit or performance
arise. Attachments to this proposal listed under SERIAL 220012-RFP, SUBSECTION 5.6.2.1 INCLUSIVE
and SERIAL 220012-RFP, SUBSECTION 5.6.2.1.3.1, QUALITY POLICY & CONTROL PROGRAM
address these areas in greater detail. The products being offered by my company in this proposal meet or
exceed the specifications called for in Serial 220012-RFP and will achieve the objectives outlined by the
County.
Having previously worked in the law enforcement equipment industry for fourteen (14) years, I established
Diamondback Police Supply Co., Inc. in January 1998. For the past twenty-three (23) years we’ve worked
very closely with agencies, departments, and individual officers throughout the State of Arizona to make
sure they not only have some of the finest equipment available but that we’re there in a professional,
responsible, and effective manner to support them should any issues or concerns arise with the equipment
they’ve acquired from us. Our honesty, integrity, and ethical business practices throughout these past
twenty-three (23) years have established Diamondback as one of the most respected and dependable law
enforcement distributors in the State of Arizona.
A significant reason for our success and reputation is our close working relationship and partnership with
dedicated and reputable manufactures of quality police products. Point Blank Enterprises (PBE) stands at
the apex of those manufacturers. The ballistic products and related protective equipment we’re offering to
the County in this proposal are manufactured at Point Blank’s state of the art facilities in Pompano Beach,
Florida. PBE has been a worldwide leader in the development, manufacturing, and distribution of high
performance, protective products to the military, law enforcement, and correctional communities throughout
the United States and world for over 45 years. They are committed to producing the most technologically
advanced ballistic system in the world that not only offer superior protection but also optimum comfort in
the most challenging environments. PBE consistently delivers the highest quality body armor systems
available anywhere by driving innovation and continuously exceeding customer expectations. The
protective products we’re offering the County under Serial 220012-RFP represent some of the very finest
and technologically advanced protective products manufactured anywhere in the world and they are
supported by the manufacturing prowess and expertise of Point Blank Enterprises and the dedicated staff
of Diamondback Police Supply Co., Inc.
You have my personnel guarantee, backed by my company’s reputation, that we will not only provide the
products as specified in this RFP, but will do so by providing the level of service the law enforcement
professionals of Maricopa County expect and deserve from us. Diamondback has been a contract vendor
of body armor to the County for the past sixteen (16) years and our reputation, professionalism, experience,
and customer support are well known throughout the County. Our technical knowledge of the products we
sell and how they’re to be used enables us to make sure County personnel are not only correctly fitted for
their vests, but understand how the product functions, is to be worn/used, and properly cared for. Any
reputable dealer of ballistic products has the ability to do what we do. They can supply ballistic products
from established manufacturers and can do so at competitive prices. What sets Diamondback apart and
accounts for a significant reason for our continued success is that we support the products we sell with
superior service and dedication to our clients. As has always been our practice, when armor fittings are
scheduled regardless of day or time, we’re there in a courteous, respectful, and professional manner.
SERIAL 220012-RFP
Should an individual fitting need arise, we’re there, regardless of circumstances. We have fit individual
MCSO deputies for their protective vest in their homes, in parking lots, and in remote locations late at night
because that was the time and location most convenient to the deputy. Should a fitting issue or other
problem arise, we have always been there to address and resolve the issue. We don’t dance around or
evade issues and concerns but work closely with the department or individual officer to resolve them and
we do so in a professional and courteous manner.
That commitment and dedication to our law enforcement clients is what Diamondback is known for and
what our reputation has been built on. Those qualities have been instilled in all our personnel who work
directly with law enforcement agencies and staff throughout the State. It defines who we are, what we
stand for, what we do, and what we have done for Maricopa Co. for the better part of two decades.
Collectively, Diamondback personnel have fit over 7000 officers for protective vests throughout our careers,
so we unquestionably have the experience, knowledge, and dedication required and expected of us as a
contract vendor. We are excited about the opportunity to continue this level of performance and service to
the County for another six years should we be fortunate enough to be awarded a contract under Serial
220012-RFP.
DOCUMENT NAME: Proposal, Subsection 5.6.2.1, VENDOR STATEMENT
PROGRAMS AND SERVICES PROPOSED
Diamondback Police Supply Co., Inc. will provide pricing and the required documentation for the protective
products and related equipment called for in Serial 220012-RFP. These products include NIJ Certified
Level II and Level IIIA Concealable Ballistic Vests (Section 2.7) and Level III/IIIA Combination Armor
(Section 2.12).
Many of the programs and services we’re providing are detailed in the attachment to this proposal entitled
SERIAL 220012-RFP, SUBSECTION 5.6.2.1, INCLUSIVE. A review of this attachment provides brief
descriptions and responses that address specific concerns related to the product, product manufacturer,
and contract vendor. More detailed information is provided in the numerous attachments to this proposal.
They include, but are not limited to, NIJ Compliance listing, , NIJ compliance letters, catalog URL’s,
manufacturer retail price lists and blanket discounts offered, listing of optional accessories, ISO9001
Certification, statement regarding product warranty, certificates of required liability insurance for both
manufacturer and vendor, capability of manufacturer to ensure both the quality and delivery of products as
required, contract vendor approach regarding vest fitting and alterations, product specifications and
exceptions to RFP specifications.
Recommendations
The Alpha Elite series of ballistic vests we’re offering to the County would be my recommended choice for
personnel interested in obtaining concealable body armor. For the past six (6) years the AXII Alpha Elite,
Level II ballistic vest has been the standard issue concealable vest for those officers who selected it. This
vest represents state of the art technology in a ballistic package that is thin, comfortable, and highly
wearable. Similarly, the AXBIIIA Alpha Elite Black, Level IIIA ballistic vest would again be my
recommendation for personnel wanting the higher performance capability offered by Level IIIA ballistics in
a relatively light, comfortable, and wearable package. Please reference attachment labeled SERIAL
220012-RFP, SUBSECTION 5.6.1.4, INCLUSIVE for the RPI Values, Areal Weights, and V-50’s on these
two ballistic packages as well as data on the BII-5 and AXIIIA-1 ballistic packages. I offered alternative
pricing on both the BII-5 Level II and AXIIIA-1 Level IIIA concealable vests as both meet the RFP
specifications and offer a less expensive alternative to the AXII and AXBIIIA ballistic vests.
All concealable vests offered, including ballistic vests, spike vests, and spike/ballistic combination vests are
available with a wide range of options to choose from including multiple outer carrier configurations,
Thorshield sleeves to mitigate the effects of electroshock weapons and stun guns, and a comprehensive
selection of soft trauma inserts, speed plates and blade plates designed to provide increased protection
beyond that already provided by the vests itself. These inserts and plates are of a size that permits them
to be easily worn within the 5”x8” or 8”x10” trauma pockets located in the upper chest and upper back area
of all concealable vest carriers.
SERIAL 220012-RFP
DOCUMENT NAME: Proposal, Subsection 5.6.2.1, INCLUSIVE
Subsection 5.6.2.1.1.1: Diamondback Police Supply will provide the body armor specified in this proposal
as we have reliably and consistently done for the past sixteen (16) years as a
Maricopa County contract vendor.
Subsection 5.6.2.1.1.2: All ballistic products offered to the County in our proposal are on the NIJ Compliant
Products List and have been tested to perform at the established protection levels
per the NIJ test standards. Please see the excel spreadsheet attached to this
proposal entitled SERIAL 22012-RFP, SUBSECTION 5.6.1.1, NIJ CPL LIST for
the listing of those products.
Subsection 5.6.2.1.1.3: Point Blank Enterprises has the capability of manufacturing over 10,000 vests per
month. As we’ve demonstrated throughout our sixteen (16) years as a contract
vendor, Diamondback Police Supply will deliver ballistic products against this
contract within 90 days from receipt of order. This represents a worst case delivery
time. Most ballistic products, particularly the concealable vests, will be delivered
within 30-60 days from receipt of order.
DOCUMENT NAME: Proposal, Subsection 5.6.2.1.2
Subsection 5.6.2.1.2.1: The URL for Point Blank Enterprises is https://www.pointblankenterprises.com
Once you’ve engaged this URL, you’ll be able to select anyone of nine
manufactures operated under the Point Blank Enterprises umbrella including Point
Blank Body Armor and PARACLETE.
Subsection 5.6.2.1.2.2: A complete listing of all optional accessories and configurations of each type of
vest offered may be found on a separate attachment to this proposal entitled
SERIAL 22012-RFP, SUBSECTION 5.6.2.1.2.2: CONFIGURATIONS &
OPTIONAL VEST ACCESSORIES.
DOCUMENT NAME: Proposal, Subsection 5.6.2.1.3
Subsection 5.6.2.1.3.1: Point Blank Body Armor has been successful in securing certification to both
Quality (ISO 9001) and Environmental (ISO 14001) Management Standards
recognized internationally and Body Armor 9000 (BA9000), recognized by the
National Institute of Justice. The Quality Management System (QMS) was
developed to provide consistency and conformity in the manufacturing process
while meeting requirements of these standards. The QMS promotes continuous
improvement in all aspects of business with a focus on enhancing customer
satisfaction.
Monitoring systems are in place throughout the assembly process to ensure key
product characteristics are met before proceeding to the next steps. Data from
these areas is collected in “real time” and analyzed to ensure conformance and
facilitate the modification of processes when necessary to achieve requirements.
All monitoring and measuring devices used by Point Blank to verify conformance
are maintained in a calibration system and traceable to National Institute of
Standards and Technology (NIST). Point Blank works diligently to provide the
highest quality protective solutions in the world.
Subsection 5.6.2.1.3.2: The ballistic elements of Point Blank’s products are warranted to be of the same
construction and design as the original NIJ certified model listed on the ballistic
package label. During the 5 year warranty period, any soft ballistic component
having a manufacturing or material defect, as determined through inspection by an
authorized Point Blank Enterprises representative, will be repaired or replaced at
no cost to the individual officer or agency.
Subsection 5.6.2.1.3.3: The checking of critical fiber properties of each shipment is conducted during the
manufacturing phase of the ballistic packages. The QC processes discussed in
Subsection 5.6.2.1.3.1 addresses this concern.
SERIAL 220012-RFP
Subsection 5.6.2.1.3.4: Point Blank Enterprises has no issue with unannounced plant and data inspection
at any time although it is recommended that visitations be set-up in advance to
assure the key personnel are available to guide visitors through the manufacturing
and quality control processes. Point Blank Enterprises welcomes plant
visitation/inspection as they are proud of their products and believe in complete
transparency.
Subsection 5.6.2.1.3.5: Point Blank Enterprises maintains a minimum of $25,000,000.00 in product liability
insurance and a copy of the Certificate of Insurance listing Maricopa County as the
Certificate Holder and will continue to do so throughout the term of the contract.
Subsection 5.6.2.1.3.6: As stated in Subsection 5.6.2.1.3.1, Point Blank is accredited to the ISO 9001
standard and will continue to do so throughout the term of this contract.
Subsection 5.6.2.1.3.1: Diamondback Police Supply Co., Inc. will provide alterations or replacement at no
charge, should issues arise for the wearer, until the wearer is satisfied with the
proper fit of the product offered. Please refer to Subsection 5.6.2.1.5.2 for a
detailed description of how fitting issues are handled.
DOCUMENT NAME: Proposal, Subsection 5.6.2.1.4
Subsection 5.6.2.1.4.1: Normal lead time for delivery of vests once an order is received by us in 30-60
days, regardless of order size. Should any delays occur, the reason for the delay
will be communicated to our point of contact with the County either verbally or in
writing.
Subsection 5.6.2.1.4.2: Point Blank Enterprises does produce a wide range of vest carriers for both
concealable
and non-concealable wear. These carriers may be viewed by
logging
in
to
the
Point
Blank
Enterprises
website
at
https://www.pointblankenterprises.com. Click on the Point Blank icon at the
top of the page and then click on either the Concealable Vests icon or Crossover
Vests icon on the left side of the page. Once done, a photograph and product
name will appear. Under each photograph is an icon labeled SALES SHEET and
by clicking on this icon, a detailed description of the item will then be displayed.
Subsection 5.6.2.1.4.3: Diamondback Police Supply Co., Inc. does not currently have a secure web based
ordering system designed to receive orders against this contract. In the sixteen
(16) years that we’ve been a body armor contract vendor for the County, a web
based ordering system has not been necessary for the efficient and accurate
processing of any armor order received to date. Purchase orders are typically
emailed directly to us and specifics on what a particular department may want are
discussed and confirmed in person when we fit the department’s personnel for
their armor.
Subsection 5.6.2.1.4.4: Currently, there are no identifiable environmental., regulatory, or manufacturing
concerns to note regarding either Point Blank Enterprises or Diamondback Police
Supply Co., Inc. Supply problems and reasonable delivery of ballistic products
have been an issue with some armor manufacturers throughout the past 2 years,
but Point Blank has managed to avoid most of these problems by ordering raw
materials in quantity. Point Blank currently has approximately $100 million in raw
materials at their factory in Florida.
DOCUMENT NAME: Proposal, Subsection 5.6.2.1.5
Subsection 5.6.2.1.5.1: All vest fittings would occur at a time and location convenient to County personnel.
All fittings are performed by factory trained personnel from Diamondback Police
Supply utilizing sizing vests manufactured by Point Blank or by means of a cloth
measuring tape. With rare exceptions, sizing vests are always used for the fitting
process because they allow for a more precise fit and allow the person being sized
SERIAL 220012-RFP
to gain a much better understanding of how the actual ballistic vest should fit. It is
important that all personnel arrive for the fitting session wearing their uniform pants
and issued duty belt. Two critical length measurements are determined based
upon the proper location of the belt and without it, errors in length measurements
may occur, resulting in vests not fitting properly. Should a problem with fit occur
the vest would be returned to the factory for modification at our expense. Once
the fitting session is complete, all measurements are recorded in a word or excel
document that is provided, via email, to the point of contact with the department.
That document provides the department with the name, height, weight, and front
& back sizing vest measurements of each person fitted as well as the date of the
fittings.
Those
responsible
for
the
fittings
would
be
Douglas
MacKinlay
(dmac@dbackpolice.com) and Valerie Evans (lesales@dbackpolice.com) from
Diamondback Police Supply. We are factory trained in proper vest fitting
procedures and collectively have fit well over 7000 law enforcement and
correctional
personnel
throughout
our
careers.
Josh
Bryant
(jbryant@pbearmor.com) with Point Blank Enterprises, would also be available
when the need arises. We generally require at least 24 hours advanced notice
prior to a planned fitting session, but when required, we’re prepared to fit personnel
in the Phoenix area the same day we’ve been asked to do so.
Subsection 5.6.2.1.5.2: Despite our best efforts, experience, and knowledge regarding correct fitting
procedures, issues do arise. If a vest is uncomfortable or fits incorrectly, there’s a
chance the officer may not wear the armor. This is an unacceptable situation, and
it is our job and the responsibility of my company to do everything possible to
ensure the vest does fit properly, provides proper ballistic coverage, and is
comfortable. Whenever we’ve been contacted by either the department’s point of
contact or the individual officer about a vest issue, we’ve followed-up with an email
or phone call to the officer, determined what the issue is, and responded
accordingly. When modifications to the vest are required, the vest must be
returned to the manufacturer for these modifications to be made and this return is
accomplished by means of a factory issued Return Material Authorization Form or
RMA. Very occasionally, the vest may need to be returned to the factory more
than once to ensure that proper fit is achieved, and the officer is satisfied with the
modifications performed. Again, we take officer comfort and safety very seriously
and will do what’s necessary to make the individual as comfortable as possible
with their vest while still ensuring proper ballistic coverage. Any modifications that
are required are done so at no expense to the County or County personnel.
DOCUMENT NAME: Format and Content, Subsections 5.6.1.4 INCLUSIVE
Subsection 5.6.1.4.1:
Both male and female concealable Level II and Level IIIA Ballistic Vests will be
supplied with carriers that feature shirttails. This feature allows the officer to tuck the
shirttails into their uniform pants which helps prevent the ballistic vest from riding up
during the normal course of the day.
Subsection 5.6.1.4.2:
Both male and female concealable Level II and Level IIIA Ballistic Vests are
designed to be fully concealable under the officer’s uniform shirt. During the normal
course of the day, these vests will not be readily apparent to the casual observer.
Subsection 5.6.1.4.3:
Both male and female concealable Level II and Level IIIA Ballistic Vests come
standard with replaceable Velcro side straps and replaceable Self-Suspending Ballistic
Straps (SSBS) in the shoulders that help prevent rolling or sagging of the ballistic
panels in the carrier. This 6-point system allows the officer to adjust the vest in the
shoulder, waist, and upper abdominal area for a more secure and comfortable fit.
Subsection 5.6.1.4.4:
The Level II and Level IIIA Ballistic Vests we’re offering Maricopa County
personnel are flexible, thin, and lightweight. The RPI value required of the County is
SERIAL 220012-RFP
1965. The RPI or Relative Performance Index is an indicator of the degree of comfort
and performance for a particular ballistic package. The RPI values of the ballistic vests
we’re offering are noted in the table below, as is the thickness of each ballistic vest in
inches
VEST MODEL
AREAL WT.THICKNESS 9MM V-50357 Mag V-50357Sig V-5044Mag V-50RPI VALUE
AXII
0.63
0.18
1788.5
2839
AXII
0.63
0.18
1747.5
2774
BII-5
0.76
0.18
1670.5
2198
BII-5
0.76
0.18
1650.5
2172
AXBIIIA
0.79
0.19
1872.5
2370
AXBIIIA
0.79
0.19
1752.0
2218
AXIIIA-1
0.87
0.20
1832.0
2106
AXIIIA-1
0.87
0.20
1751.0
2013
DOCUMENT NAME: Proposal, Subsection 5.6.2.1.6
Subsection 5.6.2.1.6.1: The two primary ballistic packages we’re recommending under this RFP are the
Point Blank NIJ 0101.06 Certified, Level II Alpha Elite AXII and the Level IIIA Alpha
Elite Black AXBIIIA models. Alpha Elite ballistic panels are constructed from a
matrix of Woven Aramid (Dyneema) and UD Polyethylene fabrics. Specifically,
Alpha Elite is the first body armor to be based on Dyneema Force Multiplier
Technology by DSM. Dyneema UD material is a composite, unidirectional (UD)
laminate that offers excellent energy absorption and enhanced protection. Starting
with Dyneema fiber as the base, the fibers are layered in a crisscross pattern at 0
and 90 degrees, allowing for even and rapid distribution of energy. The resulting
vest delivers outstanding ballistic protection in a package that is lightweight, thin,
flexible, comfortable, and very wearable for extended periods of time.
DOCUMENT NAME: Proposal, Subsection 5.6.2.1.2.2: CONFIGURATIONS AND OPTIONAL VEST
ACCESSORIES
LEVEL II & LEVEL IIIA CONCEALABLE BALLISTIC VESTS
CONFIGURATIONS
The ballistic panels for the Level II and Level IIIA concealable vests offered in this proposal are available in
the following configurations:
•
MC is a male concealable ballistic pattern that is designed to increase concealability without
sacrificing coverage or interfering with mobility. This is the pattern acquired by almost all law
enforcement personnel throughout the State of Arizona and is the pattern currently being
purchased by the County. It utilizes Point Blank’s proprietary Self Suspending Ballistic System.
•
MX4 is a female concealable ballistic pattern that is designed with a contoured shape to
accommodate the female anatomy while providing optimal ballistic coverage and comfort. This is
the pattern currently being supplied to the County for most of its female deputies. It utilizes Point
Blank’s proprietary Self Suspending Ballistic System.
•
TRUFIT is a mid-chest ballistic pattern that is designed with more coverage on the sides of the
chest to accommodate both males and females with athletic builds. It utilizes Point Blank’s
proprietary Self Suspending Ballistic System.
OPTIONAL ACCESSORIES
The following accessories are available for the Concealable Ballistic Vests offered in this proposal.
Concealable Carriers: Standard, Hi-Lite, Vision, and Elite
Outer or Crossover Carriers: Maverick, Maverick w/ KWIQ-Clip Release, Maverick w/ MAG-TAK, Duty,
Firearms Instructor, Endeavor MOLLE, Endeavor Laser, Admin, Uniform, Hi-Vis, and Quilted
Guardian Carriers in multiple configurations
Self-Suspending Ballistic Straps (SSBS)
Side Straps: 2”x12” and 4”x12” Male, (set of 4)
2”x8” and 4”x8” Female, (set of 4)
Concealable Internal Cummerbund
SERIAL 220012-RFP
ThorShield Sleeve
Sock for ODC Crossover Carriers (ODC Crossover Carriers are now referred to as simply Duty, Firearms
Instructor, Endeavor MOLLE, Endeavor Laser, Admin, Uniform, Hi-Vis, and Quilted)
KWIQ-Clip Side Straps for ODC Crossover Carriers (set of 2)
Zipper Side Wing for ODC Crossover Carriers (set of 2)
Hook/Loop Side Straps for ODC Crossover Carriers (set of 2)
WARSOC Side Strap for ODC Crossover Carriers (set of 2)
I.D Placards (Panels) for Crossover Carriers
Name Tape for Crossover Carriers
Trauma Inserts:
5x8 Soft, 8x10 Soft, 5x8 Hard, 8x10 Hard
Speed Plate:
5”x7”, 5”x8”, 6”x8”, and 7”x10” Single-Curve Full Size (FEMALE)
5”x7”, 5”x8”, 6”x8”, 7”x9”, and 7”x10” Multi-Curve Full Size (MALE)
8”x10” and 10”x12” Multi-Curve Shooter’s Cut (MALE)
XS, SM, MD, LG, and XL SAPI Multi-Curve (MALE) {minimum order quantities may
apply}
Speed Plate Plus: 5”x7”, 5”x8”, 6”x6”, 6”x8”, and 7”x9” Single-Curve
8”x10” and 10”x12” Multi-Curve Shooter’s Cut
XS, SM, MD, LG, and XL SAPI or Multi-Curve {minimum order quantities may apply}
Blade Plates:
5”x8” Rectangle and 8”x10” & 10”x12” Trapezoid
Active Shooter Plate Carriers: Plate Rack, Rifle Plate Carrier, Steel (Thin) Plate Carrier, Waist Strap
Extender (set of 2)
Cordura Carry Case
Nylon Concealable Carry Bag
DOCUMENT NAME: Proposal, Subsection 5.6.2.1.2.2: CONFIGURATIONS AND OPTIONAL VEST
ACCESSORIES
LEVEL 3 SPIKE VEST & LEVEL 3 SPIKE/LEVEL IIIA COMBINATION VEST
CONFIGURATIONS
The spike panels and spike/ballistic combination panels offered in this proposal are available in the following
configurations:
•
MC is a male concealable ballistic pattern that is designed to increase concealability without
sacrificing coverage or interfering with mobility. This is the pattern acquired by almost all law
enforcement personnel throughout the State of Arizona and is the pattern currently being
purchased by the County. It utilizes Point Blank’s proprietary Self Suspending Ballistic System.
•
TRUFIT is a mid-chest ballistic pattern that is designed with more coverage on the sides of the
chest to accommodate both males and females with athletic builds. It utilizes Point Blank’s
proprietary Self Suspending Ballistic System.
OPTIONAL ACCESSORIES
The following accessories are available for both the Spike and Spike/Ballistic Combination vests offered in
this proposal.
Concealable Carriers: Standard
Outer or Crossover Carriers: Maverick, Maverick w/ KWIQ-Clip Release, Maverick w/ MAG-TAK, Duty,
Firearms Instructor, Endeavor MOLLE, Endeavor Laser, Admin, Uniform, Hi-Vis, and Quilted
Guardian Carriers in multiple configurations
Self-Suspending Ballistic Straps (SSBS)
Side Straps: 2”x12” and 4”x12” Male, (set of 4)
2”x8” and 4”x8” Female, (set of 4)
Concealable Internal Cummerbund
ThorShield Sleeve
Sock for ODC Crossover Carriers (ODC Crossover Carriers are now referred to as simply Duty, Firearms
Instructor, Endeavor MOLLE, Endeavor Laser, Admin, Uniform, Hi-Vis, and Quilted)
KWIQ-Clip Side Straps for ODC Crossover Carriers (set of 2)
Zipper Side Wing for ODC Crossover Carriers (set of 2)
Hook/Loop Side Straps for ODC Crossover Carriers (set of 2)
WARSOC Side Strap for ODC Crossover Carriers (set of 2)
I.D Placards (Panels) for Crossover Carriers
SERIAL 220012-RFP
Name Tape for Crossover Carriers
Trauma Inserts: 5x8 Soft, 8x10 Soft, 5x8 Hard, 8x10 Hard
Speed Plate:
5”x7”, 5”x8”, 6”x8”, and 7”x10” Single-Curve Full Size (FEMALE)
5”x7”, 5”x8”, 6”x8”, 7”x9”, and 7”x10” Multi-Curve Full Size (MALE)
8”x10” and 10”x12” Multi-Curve Shooter’s Cut (MALE)
XS, SM, MD, LG, and XL SAPI Multi-Curve (MALE) {minimum order quantities may apply}
Speed Plate Plus:
5”x7”, 5”x8”, 6”x6”, 6”x8”, and 7”x9” Single-Curve
8”x10” and 10”x12” Multi-Curve Shooter’s Cut
XS, SM, MD, LG, and XL SAPI or Multi-Curve {minimum order quantities may
apply}
Blade Plates: 5”x8” Rectangle and 8”x10” & 10”x12” Trapezoid
Active Shooter Plate Carriers: Plate Rack, Rifle Plate Carrier, Steel (Thin) Plate Carrier, Waist Strap
Extender (set of 2)
Cordura Carry Case
Nylon Concealable Carry Bag
DOCUMENT NAME: Proposal, Subsection 5.6.2.2,
QUALIFICATIONS
As stated in my Executive Summary, Diamondback Police Supply personnel have collectively fit over 7000
officers for armored products throughout our careers. My company has been a contract vendor of body
armor and related products to Maricopa County for the past sixteen (16) years. Throughout that time, we’ve
developed a reputation for providing excellent customer service, quality products, and for addressing any
issues or problems that may arise in an expedient, professional, and thorough manner.
I’ve been in the law enforcement equipment industry for 37 years and have developed a personal and
business reputation for honesty, integrity, and professionalism. My company and the companies I’ve
worked for throughout these years have provided armored products and custom fittings of ballistic vests to
such diverse agencies as San Diego P.D., Las Vegas Metro P.D., Los Angeles County S.O., Costa Mesa
P.D., Santa Ana Fire Department, and Raytheon Missile Systems Security Forces. We currently provide
armored products on a regular basis to over forty (40) law enforcement and related agencies and
departments throughout the State of Arizona including the AZ Dept. of Corrections, AZ Dept. of Public
Safety, Cochise Co. S.O., Mohave Co. S.O., Pinal Co. S.O., Yuma Co. S.O., and the AZ. Supreme Court
(all Probation Depts.). We are currently an authorized contract vendor under the State of Arizona Body
Armor contract (NASPO) and hold long-term armor contracts with several agencies including the Pima Co.
Sheriff’s Dept. and Tucson Police Dept. Many of these agencies have been purchasing armored products
from my company for fifteen (15) or more years and I’m convinced the reason for this is our reputation of
providing quality products at competitive prices along with excellent customer service and support. As a
general statement, once we start working with an agency or department in supplying their body armor
needs, we rarely loose that agency to a competitive product or vendor. We know our business and we take
our jobs very seriously when it comes to protecting law enforcement officers from the potential threats they
face on the streets in our communities on a regular basis.
DOCUMENT NAME: SPECIFICATIONS, Subsection 2.6.8: BALLISTIC PANEL COVERS
Subsection 2.6.8.1.1
The ballistic panels are permanently covered with a water repellent treated Ballistic
Panel Barrier System (210D double wall Ripstop Nylon with a TPU {Thermoplastic
Polyurethane} coating) that utilizes a sonic welding process on all seams to prevent
moisture intrusion into the ballistic package.
Subsection 2.6.8.1.2
The ballistic panel cover material does comply with NIJ 0101.06 Standard,
Section4.2.4, Armor Submersion Standard and subsequent revisions of this standard.
This barrier system exhibits a high degree of water repellency and resistance to
Moisture Vapor Transmission (MVT). Ballistic panel covers have a MVT rate of 100
grams per square meter in a 24 hour period while submerged in water and have a
minimum hydrostatic resistance of 150 PSI and a minimum breakaway adhesion of 50
PSI.