HomeMy WebLinkAbout260-22 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 260-22
File Number: 2022-0971
POLICE DEPARTMENT BODY ARMOR SOURCEWELL CONTRACT:
A RESOLUTION TO APPROVE THE PURCHASE OF NEW AND REPLACEMENT
BALLISTIC BULLETPROOF VESTS AND PLATES FROM GALL'S, LLC AND VARIOUS
DEALERS PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT,
PLUS APPLICABLE TAXES AND SHIPPING CHARGES ON AN AS NEEDED BASIS BY
THE FAYETTEVILLE POLICE DEPARTMENT THROUGH FEBRUARY 19, 2025
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the purchase of
new and replacement ballistic bulletproof vests and plates from Galls's, LLC and various dealers
pursuant a Sourcewell Cooperative Purchasing contract, plus applicable taxes and shipping charges on
an as needed basis by the Fayetteville Police Department through February 19, 2025.
PASSED and APPROVED on 11/15/2022
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Page 1 Printed on 11/16/22
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0971
Agenda Date: 11/15/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A.4
POLICE DEPARTMENT BODY ARMOR SOURCEWELL CONTRACT:
A RESOLUTION TO APPROVE THE PURCHASE OF NEW AND REPLACEMENT BALLISTIC
BULLETPROOF VESTS AND PLATES FROM GALL'S, LLC AND VARIOUS DEALERS
PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, PLUS
APPLICABLE TAXES AND SHIPPING CHARGES ON AN AS NEEDED BASIS BY THE
FAYETTEVILLE POLICE DEPARTMENT THROUGH FEBRUARY 19, 2025
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the purchase of new
and replacement ballistic bulletproof vests and plates from Galls's, LLC and various dealers pursuant a
Sourcewell Cooperative Purchasing contract, plus applicable taxes and shipping charges on an as needed basis
by the Fayetteville Police Department through February 19, 2025.
City of Fayetteville, Arkansas Page 1 Printed on 1111612022
City of Fayetteville Staff Review Form
2022-0971
Legistar File ID
11/15/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jamie Fields 10/17/2022 POLICE (200)
Submitted By Submitted Date Division / Department
Action Recommendation:
A resolution to approve the future purchase of new and replacement ballistic bulletproof vests and plates as
needed for police officers from Gall's LLC and other dealers as authorized through Sourcewell Cooperative
Purchasing (Sourcewell) contract #011221, including any applicable taxes and shipping fees, and on an as -needed
basis through February 19, 2025, in addition to any available renewal terms.
Budget Impact:
various
Sales Tax Capital / General
Account Number Fund
13001-1 / 37042-1 Police Ballistic Protection / BVP Grant
Project Number
Budgeted Item? Yes
Does item have a cost? No
Budget Adjustment Attached? No
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$
173,956.00
$
30,505.72
143,450.28
143,450.28
V20210527
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
Y..
ARKANSAS
MEETING OF NOVEMBER 15, 2022
TO: Mayor and City Council
FROM: Jamie Fields, Deputy Chief of Police
DATE: October 17, 2022
CITY COUNCIL MEMO
SUBJECT: Resolution with Gall's, LLC for Ballistic Body Armor Vest Purchases
RECOMMENDATION:
A resolution to approve the future purchase of new and replacement ballistic body armor
vests and plates as needed for police officers from Gall's LLC and other dealers as authorized
through Sourcewell Cooperative Purchasing (Sourcewell) contract #011221, including any
applicable taxes and shipping fees, and on an as -needed basis through February 19, 2025, in
addition to any available renewal terms.
BACKGROUND:
For over two decades, the Fayetteville Police Department has maintained a mandatory
body armor vest wear policy (41.3.5.V.M) and has supplied these body armor vests to all sworn
personnel. In December 2019, the police department upgraded front and back ballistic body
armor plates held in these vests to rifle resistant protection. All state-of-the-art body armor is
custom made to the exact specification of the wearer with a guaranteed life of five years. This
ensures all officers have our required level of protection.
DISCUSSION:
With a five-year life span, expiring ballistic body armor vests must be replaced prior to
their end of useful life. The police department Quartermaster maintains an inventory of all
police issued equipment to insure no police officer is outfitted with expired equipment. Approval
of this resolution will allow our Quartermaster to routinely purchase ballistic body armor vests
and plates based on the expiration schedule and the hiring of new officers.
BUDGET/STAFF IMPACT:
Funds are budgeted annually for ballistic protect of our police officers through the Police Ballistic
Protection project within the Capital Improvements Program (CIP) via project #13011. Current
available budget in project #13011 is $112,703. Additionally, grant funding from the Bulletproof
Vest Partnership Program (project #37042) provides up to $400 for each vest purchased. This
grant funding requires annual application for funds with current grant funding awarded in the
amount of $30,747.
Attachments:
Gall's Quote for ballistic body armor
Sourcewell Contract #011221
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
TALES'
Quote
Customer: (1002351029) FAYETTEVILLE P.D.
Date: 10/10/2022
Sales Rep: JACK SVETICH
Sold To:
FAYETTEVILLE P.D.
100A ROCK ST
FAYETTEVILLE, AR 72701
WILLIE NEWMAN
Page 1 of 1
Quote Number: 21331531
Quote Expiration: 11/09/2022
Ship To:
FAYETTEVILLE P.D.
100A ROCK ST
FAYETTEVILLE, AR 72701
WILLIE NEWMAN '
Line
Item
Description
{fit
Retail
Your
price
Ext Iota
1
BL636 NAV CTM 00
POINT BLANK HI LITE AXBIIIA TWO CARRIERS
1
936.50
936.50
1.1
3P0002
MALE CUSTOM VEST
1
2
BP1481
PB OMEGA 7X9 ICW SPECIAL THREAT PLATE
1
311.40
311.40
3
BP1479
PB OMEGA 7X9 FEMALE ICW SPECIAL THREAT
1
311.40
311.40
PLATE
4
BP1480
PB OMEGA 8X10 ICW SPECIAL THREAT PLATE
1
371.95
371.95
5
BP3803 MDNV CSTM 00
PBE GEN 3 DUTY CARRIER
1
156.90
156.90
5.1
BP0001
BODY ARMOR CARRIERS
1
6
BP568 MALE
HI LITE CONCEALABLE CARRIER FIT
1
86.52
86.52
Sourcewell 011221
Quote is valid for 30 days
Galls is required to collect sales tax on shipments to certain states. Sales tax will
be added where applicable. For tax exempt customers, state laws require us to have
signed tax exemption or resale certificates on file at our office. If you are tax
exempt, please email or fax this information, (including your Galls account number)
to Tax®galls.com or fax 859-268-5946.
Export Restrictions - This may contain commodities restricted in the United States
International Trade Regulations.
1340 Russell Cave Rd
Lexington, KY 40505
Tel: 800-876-4242 Fax:877-914-2557
SUBTOTAL:
SHIPPING:
TAX.....:
TOTAL...:
2,174.67
212.04
2,386.71
Galls, LLC Invoice Credit Terms and Conditions of Sale
Payment - Invoices for items delivered pursuant to any sales order are payable only in
United States currency. You, your business, and/or your agency (the "Buyer") understand
that Galls, LLC (the "Seller") may impose and charge a finance charge that is the greater
of 1.5% per month or the highest rate allowed by law on any amount which becomes past due
and delinquent. Returned checks may be assessed a $25.00 service fee. Additionally,
Buyer shall be responsible for all collection costs, court costs, and reasonable
attorney's fees in connection with the recovery of delinquent amounts.
All sales are made pursuant to these Credit Terms and Conditions of Sale, and Seller
objects to any different or additional terms or conditions contained in Buyer's purchase
order or any other document submitted by Seller. Payments may be applied against open
balances at the sole discretion of Seller and may be applied across accounts if Buyer has
more than one account with Seller. Credit memos are non-refundable and may be applied to
open invoices at Seller's sole discretion.
Credit Terms - Any extension of credit is based upon all amounts payable on or before the
due date on any written, quoted, or agreed terms, and shall be paid in accordance with
such terms. If not paid on or before such date, accounts shall be considered delinquent
and subject to the additional finance charges as set forth herein.
Buyer agrees to provide Seller, upon request, with an updated credit application as a
condition to the continued extension of credit. Buyer acknowledges and agrees that Seller
may utilize outside credit reporting services and financial institutions to obtain
information on the Buyer as a condition precedent to or for continued extension of
credit. Seller may terminate any credit availability within its sole discretion and
without prior notice. Buyer's continued solvency is a precondition to any sale made by
Seller.
Delays - Where a specific shipping date is not designated on the face hereof or in a
subsequent writing signed by the Seller, the Seller shall not be responsible for any
delays, nor shall Seller be liable for any loss or damages resulting from such delays.
Seller shall not be liable for any delays in filling this order caused by accidents to
machinery, differences with employees, strikes, labor shortage, fire, floods, priorities
requested or required by an instrumentality of the United States Government or the
government of any state, delays in transportation, restrictions imposed by any federal,
state or municipal law or regulation, whether valid or invalid, or causes beyond the
control of the Seller.
Warranty - Seller shall pass through to Buyer all manufacturer warranties and return
policies applicable to Buyer's order. Seller shall take all reasonable actions to ensure
that Buyer receives the benefit of such pass through warranties and return policies.
Buyer's sole remedies for any goods sold hereunder shall be as provided in such
warranties and return policies and shall be solely against the applicable manufacturer.
SELLER, ON BEHALF OF ITSELF, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR
STATUTORY, RELATING TO SUCH GOODS.
Restocking - If a cancellation of an order or a return by Buyer is accepted or initiated
by Seller and/or the manufacturer, it may be subject to a restocking charge at the
discretion of Seller.
Delivery and Transportation - Products sold herein are sold FOB at the place indicated on
the face of this sales order unless otherwise agreed to in writing by Seller and Buyer.
The method and agency of transportation and the routing will be designated by the Seller.
In the event the Buyer requests alternative shipment or routing, all extra packing,
shipping and transportation charges thereby resulting will be for the Buyer's account.
Waiver - No provision herein shall be deemed a waiver by reason of any previous waiver,
and no breach of any provision shall be deemed a waiver by reason of any previous breach.
Governing Law - The sole jurisdiction and venue shall be the courts of the Commonwealth
of Kentucky.
Export Restrictions - This transaction may contain commodities restricted in the United
States International Trade Regulations. If at a later date the Buyer decides these
commodities will be exported from the United States please reference the United States
Department of Commerce Bureau of Industry and Security Export Administration Regulations
(15 CFR 730-774), the United States Department of State International Traffic in Arms
Regulations (22 CFR 120-130) as well as any other applicable laws. These laws apply to
private, commercial, and government agency export transactions. As an exporter, the Buyer
will be responsible for compliance with all U.S. laws relating to the export of these
items.
*Designates this item is on the Galls GSA Contract (47QSWA21D008H) all other items are
OPEN MARKET.
DocuSign Envelope ID: 74C19F9A-2F234450-9CE5-B4A715CF2733
011221-GAL
Sou rcevvel l !:
Solicitation Number: 011221
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and Galls, LLC, 1340 Russell Cave Rd., Lexington, KY 40505 (Vendor).
Sourcewell is a State of Minnesota local government agency and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers
cooperative procurement solutions to government entities. Participation is open to federal,
state/province, and municipal governmental entities, higher education, K-12 education,
nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Body Armor with Related Accessories, Equipment,
and Services from which Vendor was awarded a contract.
Vendor desires to contract with Sourcewell to provide equipment, products, or services to
Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts
(Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires February 19, 2025, unless it is
cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional
one-year period upon request of Sourcewell and with written agreement by Vendor.
C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this
Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or
Services as stated in its Proposal submitted under the Solicitation Number listed above.
Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated
into this Contract.
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All Equipment and Products provided under this Contract must be new/current model. Vendor
may offer close-out or refurbished Equipment or Products if they are clearly indicated in
Vendor's product and pricing list. Unless agreed to by the Participating Entities in advance,
Equipment or Products must be delivered as operational to the Participating Entity's site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated,
sales and sales volume are not guaranteed.
B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free
from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will
perform in accordance with the ordinary use for which they are intended. Vendor's dealers and
distributors must agree to assist the Participating Entity in reaching a resolution in any dispute
over warranty terms with the manufacturer. Any manufacturer's warranty that is effective past
the expiration of the Vendor's warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will
make available to Sourcewell a means to validate or authenticate Vendor's authorized dealers,
distributors, and/or resellers relative to the Equipment, Products, and Services related to this
Contract. This list may be updated from time -to -time and is incorporated into this Contract by
reference. It is the Vendor's responsibility to ensure Sourcewell receives the most current
version of this list.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor's
Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a
Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered
Equipment, Products, and Services that are operational for their intended purpose, and
includes all costs to the Participating Entity's requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated
with any purchase option of the Equipment, Products, or Services must always be disclosed in
the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly
packaged. Damaged Equipment and Products may be rejected. If the damage is not readily
apparent at the time of delivery, Vendor must permit the Equipment and Products to be
returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable
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time after delivery where circumstances or conditions prevent effective inspection of the
Equipment and Products at the time of delivery.
Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive
in a defective or inoperable condition.
Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally
delivers substandard or inferior Equipment or Products. In the event of the delivery of
nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon
as possible and the Vendor will replace nonconforming Equipment and Products with
conforming Equipment and Products that are acceptable to the Participating Entity.
B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax -
exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax-
exempt entity.
C. HOT LIST PRICING. At anytime during this Contract, Vendor may offer a specific selection
of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to
Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed
from the Hot List at anytime through a Sourcewell Price and Product Change Form as defined
in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and
discontinued Equipment and Products as long as those close-out and discontinued items are
clearly identified as such. Current ordering process and administrative fees apply. Hot List
Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any
time. All requests must be made in writing by submitting a signed Sourcewell Price and Product
Change Request Form to the assigned Sourcewell Contract Administrator. This form is available
from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
• Identify the applicable Sourcewell contract number;
• Clearly specify the requested change;
• Provide sufficient detail to justify the requested change;
• Individually list all Equipment, Products, or Services affected by the requested change,
along with the requested change (e.g., addition, deletion, price change); and
• Include a complete restatement of pricing documentation in Microsoft Excel with the
effective date of the modified pricing, or product addition or deletion. The new pricing
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restatement must include all Equipment, Products, and Services offered, even for those
items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will become an amendment
to this Contract and be incorporated by reference.
S. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and
nonprofit entities across the United States and Canada; such as federal, state/province,
municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally
access the Equipment, Products, or Services under this Contract. A Participating Entity's
authority to access this Contract is determined through its cooperative purchasing, interlocal,
or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service
Member of Sourcewell during such time of access. Vendor understands that a Participating
Entity's use of this Contract is at the Participating Entity's sole convenience and Participating
Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use
eligibility requirements and documentation and will encourage potential participating entities
to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its
roster during the term of this Contract.
B. PUBLIC FACILITIES. Vendor's employees maybe required to perform work at government -
owned facilities, including schools. Vendor's employees and agents must conduct themselves in
a professional manner while on the premises, and in accordance with Participating Entity
policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under
this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this
Contract; however, order flow and procedure will be developed jointly between Sourcewell and
Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating
Entity issues a purchase order, it may use its own forms, but the purchase order should clearly
note the applicable Sourcewell contract number. All Participating Entity orders under this
Contract must be issued prior to expiration of this Contract; however, Vendor performance,
Participating Entity payment, and any applicable warranty periods or other Vendor or
Participating Entity obligations may extend beyond the term of this Contract.
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Vendor's acceptable forms of payment are included in Attachment A. Participating Entities will
be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of
any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and
conditions to a purchase order, or other required transaction documentation, may be
negotiated between a Participating Entity and Vendor, such as job or industry -specific
requirements, legal requirements (e.g., affirmative action or immigration status requirements),
or specific local policy requirements. Some Participating Entitles may require the use of a
Participating Addendum; the terms of which will be worked out directly between the
Participating Entity and the Vendor. Any negotiated additional terms and conditions must
never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires
service or specialized performance requirements (such as e-commerce specifications,
specialized delivery requirements, or other specifications and requirements) not addressed in
this Contract, the Participating Entity and the Vendor may enter into a separate, standalone
agreement, apart from this Contract. Sourcewell, including its agents and employees, will not
be made a party to a claim for breach of such agreement.
D. TERMINATION Of ORDERS. Participating Entities may terminate an order, in whole or
in part, immediately upon notice to Vendor in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body
at levels sufficient to pay for the goods to be purchased;
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the
Participating Entity's requirements; or
3. Vendor commits any material breach of this Contract or the additional terms agreed to
between the Vendor and a Participating Entity.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a
Participating Entity's order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to
Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is
changed. The Account Representative will be responsible for:
• Maintenance and management of this Contract;
• Timely response to all Sourcewell and Participating Entity inquiries; and
• Business reviews to Sourcewell and Participating Entities, if applicable.
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B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with
Sourcewell per contract year. The business review will cover sales to Participating Entities,
pricing and contract terms, administrative fees, supply issues, customer issues, and any other
necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract
sales activity report (Report) to the Sourcewell Contract Administrator assigned to this
Contract. A Report must be provided regardless of the number or amount of sales during that
quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).
The Report must contain the following fields:
• Customer Name (e.g., City of Staples Highway Department);
• Customer Physical Street Address;
• Customer City;
• Customer State/Province;
• Customer Zip Code;
• Customer Contact Name;
• Customer Contact Email Address;
• Customer Contact Telephone Number;
• Sourcewell Assigned Entity/Participating Entity Number;
• Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Purchase was invoiced/sale was recognized as revenue by Vendor.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell,
the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and
Services provided to Participating Entities. The Administrative Fee must be included in, and not
added to, the pricing. Vendor may not charge Participating Entities more than the contracted
price to offset the Administrative Fee.
The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated
in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased
by Participating Entities under this Contract during each calendar quarter. Payments should
note the Vendor's name and Sourcewell-assigned contract number in the memo; and must be
mailed to the address above "Attn: Accounts Receivable" or remitted electronically to
Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments
must be received no later than 45 calendar days after the end of each calendar quarter.
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Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to
ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell
reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in
any subsequent solicitation. In the event this Contract is cancelled by either party prior to the
Contract's expiration date, the administrative fee payment will be due no more than 30 days
from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Vendor's Authorized Representative is the person named in the Vendor's Proposal. If Vendor's
Authorized Representative changes at any time during this Contract, Vendor must promptly
notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records,
documents, and accounting procedures and practices relevant this Agreement are subject to
examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the
end of this Contract. This clause extends to Participating Entities as it relates to business
conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or
obligations under this Contract without the prior consent of the parties and a fully executed
assignment agreement. Such consent will not be unreasonably withheld.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective
until it has been fully executed by the parties.
D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not
waive the provision or the right to enforce it.
E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between
Sourcewell and Vendor. No other understanding regarding this Contract, whether written or
oral, may be used to bind either party. For any conflict between the attached Proposal and the
terms set out in Articles 1-22, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent
contractors, each free to exercise judgment and discretion with regard to the conduct of their
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respective businesses. This Contract does not create a partnership, joint venture, or any other
relationship such as master -servant, or principal -agent.
11. LIABILITY
Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their
agents and employees, harmless from any claims or causes of action, including attorneys' fees,
arising out of the performance of this Contract by the Vendor or its agents or employees; this
indemnification includes injury or death to person(s) or property alleged to have been caused
by some defect in the Equipment, Products, or Services under this Contract to the extent the
Equipment, Product, or Service has been used according to its specifications.
12. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell
under this Contract and as it applies to all data created, collected, received, stored, used,
maintained, or disseminated by the Vendor under this Contract.
If the Vendor receives a request to release the data referred to in this article, the Vendor must
immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond
to the request.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty -free, worldwide, non-exclusive right and
license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and
promotional materials for the purpose of marketing Sourcewell's relationship with
Vendor.
b. Vendor grants to Sourcewell a royalty -free, worldwide, non-exclusive right and
license to use Vendor's Trademarks in advertising and promotional materials for the
purpose of marketing Vendor's relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right
of each party to grant sublicenses to its and their respective distributors, marketing
representatives, and agents (collectively "Permitted Sublicensees") in advertising and
promotional materials for the purpose of marketing the Parties' relationship to Participating
Entities. Any sublicense granted will be subject to the terms and conditions of this Article.
Each party will be responsible for any breach of this Article by any of their respective
sublicensees.
3. Use; Quality Control.
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a. Sourcewell must not alter Vendor's Trademarks from the form provided by
Vendor and must comply with Vendor's removal requests as to specific uses of its
trademarks or logos.
b. Vendor must not alter Sourcewell's Trademarks from the form provided by
Sourcewell and must comply with Sourcewell's removal requests as to specific uses
of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the
other party's Trademarks only in good faith and in a dignified manner consistent
with such party's use of the Trademarks. Upon written notice to the breaching party,
the breaching party has 30 days of the date of the written notice to cure the breach
or the license will be terminated.
4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its
Participating Entities against any and all suits, claims, judgments, and costs instituted or
recovered against Sourcewell or Participating Entities by any person on account of the use
of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor
in violation of applicable patent or copyright laws.
5. Termination. Upon the termination of this Contract for any reason, each party, including
Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites,
and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed
catalog of vendors which may be used until the next printing). Vendor must return all
marketing and promotional materials, including signage, provided by Sourcewell, or dispose
of it according to Sourcewell's written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released
without prior written approval from the Authorized Representatives. Publicity includes notices,
informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the Vendor individually or jointly with others, or any subcontractors, with
respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be
approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator
assigned to this Contract.
D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment,
Products, or Services.
14. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its
breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls,
Minnesota.
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15. FORCE MAJEURE
011221-GAL
Neither party to this Contract will be held responsible for delay or default caused by acts of God
or other conditions that are beyond that party's reasonable control. A party defaulting under
this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both
Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the
remainder of this Contract is capable of performance, it will not be affected by such declaration
or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and
address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and
work in good faith to resolve such dispute within a reasonable period of time. If necessary,
Sourcewell and the Vendor will jointly develop a short briefing document that describes the
issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified
above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher
level of management. The Vendor will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the
Vendor must continue without delay to carry out all of its responsibilities under the
Contract that are not affected by the dispute. If the Vendor fails to continue without delay
to perform its responsibilities under the Contract, in the accomplishment of all undisputed
work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result
of such failure to proceed will be borne by the Vendor.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract,
or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
Written notice of default and a reasonable opportunity to cure must be issued by the party
claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated
or other damages. If the default remains after the opportunity for cure, the non -defaulting
party may:
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• Exercise any remedy provided by law or equity, or
• Terminate the Contract or any portion thereof, including any orders issued against the
Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at
all times during the performance of this Contract with insurance company(ies) licensed or
authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better,
with coverage and limits of insurance not less than the following:
1. Workers' Compensation and Employer's Liability.
Workers' Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Vendor will maintain insurance covering its
operations, with coverage on an occurrence basis, and must be subject to terms no less
broad than the Insurance Services Office ("ISO") Commercial General Liability Form
CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include
liability arising from premises, operations, bodily injury and property damage,
independent contractors, products -completed operations including construction defect,
contractual liability, blanket contractual liability, and personal injury and advertising
injury. All required limits, terms and conditions of coverage must be maintained during
the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage
$1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products -Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor
will maintain insurance covering all owned, hired, and non -owned automobiles in limits
of liability not less than indicated below. The coverage must be subject to terms no less
broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or
equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
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4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella
coverage over Workers' Compensation, Commercial General Liability, and Commercial
Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract,
Vendor will maintain coverage for network security and privacy liability. The coverage
may be endorsed on another form of liability coverage or written on a standalone
policy. The insurance must cover claims which may arise from failure of Vendor's
security resulting in, but not limited to, computer attacks, unauthorized access,
disclosure of not public data — including but not limited to, confidential or private
information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling
Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish
to Sourcewell a certificate of insurance, as evidence of the insurance required under this
Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the
Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by
a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide
certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in
this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY
INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including
their officers, agents, and employees, as an additional insured under the Vendor's commercial
general liability insurance policy with respect to liability arising out of activities, "operations," or
"work" performed by or on behalf of Vendor, and products and completed operations of
Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is
primary and not excess over or contributory with any other valid, applicable, and collectible
insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or
otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional
insureds for losses paid under the insurance policies required by this Contract or other
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insurance applicable to the Vendor or its subcontractors. The waiver must apply to all
deductibles and/or self -insured retentions applicable to the required or any other insurance
maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require
similar written express waivers of subrogation and insurance clauses from each of its
subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this
Contract can be met by either providing a primary policy or in combination with
umbrella/excess liability policy(ies), or self -insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this
Contract must comply fully with applicable federal laws and regulations, and with the laws in
the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Vendor must maintain a valid and current status on all required federal,
state/provincial, and local licenses, bonds, and permits required for the operation of the
business that the Vendor conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in
writing certain information to Sourcewell related to bankruptcy actions. If at any time during
this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in
writing.
Vendor certifies and warrants that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs
operated by the State of Minnesota; the United States federal government or the Canadian
government, as applicable; or any Participating Entity. Vendor certifies and warrants that
neither it nor its principals have been convicted of a criminal offense related to the subject
matter of this Contract. Vendor further warrants that it will provide immediate written notice
to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON -UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or
services from this Contract may be subject to additional requirements including the
procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require
additional requirements based on specific funding specifications. Within this Article, all
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references to "federal" should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Vendor's Equipment,
Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,
12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," and implementing
regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated
herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal
program legislation, all prime construction contracts in excess of $2,000 awarded by non-
federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. §
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction"). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The non-federal entity must report all suspected or reported violations to
the federal awarding agency. The contracts must also include a provision for compliance with
the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor
regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-federal entity must report
all suspected or reported violations to the federal awarding agency. Vendor must be in
compliance with all applicable Davis -Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where
applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve
the employment of mechanics or laborers must include a provision for compliance with 40
U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess
of the standard work week is permissible provided that the worker is compensated at a rate of
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not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These requirements
do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence. This provision is
hereby incorporated by reference into this Contract. Vendor certifies that during the term of an
award for all contracts by Sourcewell resulting from this procurement process, Vendor must
comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award
meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that "funding agreement," the recipient or subrecipient
must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency. Vendor
certifies that during the term of an award for all contracts by Sourcewell resulting from this
procurement process, Vendor must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL
ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require
the non-federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor
certifies that during the term of this Contract will comply with applicable requirements as
referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award
(see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions
in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R.
§180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3
C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor
certifies that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation by any federal
department or agency.
G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file
any required certifications. Vendors must not have used federal appropriated funds to pay any
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011221-GAL
person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member
of Congress in connection with obtaining any federal contract, grant, or any other award
covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that
takes place in connection with obtaining any federal award. Such disclosures are forwarded
from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures
required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 U.S.C. §
1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with
the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies
that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after
grantees or subgrantees submit final expenditure reports or quarterly or annual financial
reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor
must comply with the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply
with all applicable provisions of the Buy American Act. Purchases made in accordance with the
Buy American Act must follow the applicable procurement rules calling for free and open
competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized
representatives of a federal agency must have access to any books, documents, papers and
records of Vendor that are directly pertinent to Vendor's discharge of its obligations under this
Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right
also includes timely and reasonable access to Vendor's personnel for the purpose of interview
and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply
with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
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22. CANCELLATION
011221-GAL
Sourcewell or Vendor may cancel this Contract at anytime, with or without cause, upon 60
days' written notice to the other party. However, Sourcewell may cancel this Contract
immediately upon discovery of a material defect in any certification made in Vendor's Proposal.
Cancellation of this Contract does not relieve either party of financial, product, or service
obligations incurred or accrued prior to cancellation.
Sourcewell
DocuSigned
CAF02A1by�:
�',
By:
[0= s3�}DDMq__
Jeremy Schwartz
Title: Director of Operations &
Procurement/CPO
2/17/2021 1 9:06 AM CST
Date:
Approved:
Qocuftned Cby,
(h"kf�.11G
By.
7fi429BF917AG4CO3.
Chad Coauette
Title: Executive Director/CEO
2/22/2021 1 3:19 PM CST
Date:
Galls, LLC
uocu9igned by:
Ev��. � .
By: CAC9CA55AF61¢91
David Scheve
Title: CFO
Date: 2/22/2021 1 3:17 PM CST
Rev. 10/2020 17
DocuSign Envelope ID: 74C19F9A-2F23-4450-9CE5-B4A715CF2733
RFP 011221 - Body Armor with Related Accessories, Equipment,
and Services
Vendor Details
Company Name:
Galls, LLC
1340 Russell Cave Road
Address:
Lexington, KY 40505
Contact:
Tiffany brewer
Email:
brewer-tiffany@galls.com
Phone:
859-800-1406
HST#:
20-3545989
Submission Details
Created On:
Tuesday November 17, 2020 13:19:14
Submitted On:
Tuesday January 12, 2021 15:07:27
Submitted By:
Tiffany brewer
Email:
brewer-tiffany@galls.com
Transaction #:
d8ece47b-7154-4643-8d33-6b74c62cf638
Submitter's IP Address:
4.30.235.194
Bid Number: RFP 011221 Vendor Name: Galls, LLC
DocuSign Envelope ID: 74C19F9A-2F23-4450-9CE5-64A715CF2733
Specifications
Table 1: Proposer Identity & Authorized Representatives
General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Please do not merely
attach additional documents to your response without also -providing a substantive response. Do not leave answers blank; mark "NA" if
the question does not apply to you (preferably with an explanation).
hem
[Question
Response'
Galls, LLC
1
Proposer Legal Name (and
applicable d/b/a, if any):
1340 Russell Cave Rd.
2
Proposer Address:
Lexington, KY 40505
3
Proposer website address:
www.galls.com
4
Proposees Authorized
David Scheve, CFO
Representative (name; title,
1340 Russell Cave Rd. Lexington, KY 40505
address, email address & phone)
Smellier-Amelia@gplis.com - 859.800.1400
(The representative must have
aulhortty to sign the "Propm(s
Assurance of Compliance" on
behalf of the Proposer and, in the
event of award, will be expected
to execute the resulting contracl):
Amelia Smeltzer, GSA Contract Specialist
5
Proposer's primary contact for this
proposal (name, title, address,
1340 Russell Cave Rd. Lexington. KY 40505
email address & phone):
Smelzer-Amelia@galls,cam - 859.800,1400
Justin Ryan, Dstdct Sales Manager
5
Proposer's other contacts for this
proposal, if any (name, title,
1340 Russell Cave Rd, Lexington, KY 405.05
address, email address & phone):
Ryan-Jusdn@galie.com - 859.202-1015
Bid Number: RFP 011221 Vendor Name: Galls, LLC
DocuSign Envelope ID: 74C19F9A-2F23-4450-9CE5-B4A715CF2733
Table 2: Company Information and Financial Strength
Line
Rom
Question
IZeisponse-
7
Provide a brief history of your company,
Galls, LLC ("Galls") has been in business for over 50 years servicing the public
including your company's core values,
safety market; specializing in law, fire, security, corrections, emergency medical
business philosophy, and industry longevity
services, federal government, military, postal and transit uniforms and equipment. Our
related to the requested equipment, products
goal to 'IS to make sure that we can be proud of the service and products we
or services.
provide. Our core customer's constantly put their lives on the line to protect the
people in this country and we want to show them that we are as dedicated to them
as they are to us.
We expect that this contract will function similarly to our Buyboard Contracts. If
8
What are your company's expectations in the
event of an award?
awarded, we will share this contract with other awarded vendors and it will be our
responsibility to market our products and services.
Please see uploaded documents
9
Demonstrate your financial strength and
stability with meaningful data. This could
include such items as financial statements,
SEC filings, credit and bond ratings, letters
of credit, and detailed reference letters.
Upload supporting documents (as applicable)
in the document upload section of your
response.
10
What is your US market share for the
Galls is the largest distributor of Body Armor in the United States and we hold
solutions that you are proposing?
approximately 40% market share of the entire country.
11
What is your Canadian market share for the
We do not sell into Canada at this time but would be interested in exploring that
solutions that you are proposing?
option with the Sourcewell contract if necessary.
12
Has your business ever petitioned for
Galls,LLC has never petitioned for Bankruptcy
bankruptcy protection? If so, explain in detail.
13
How is your organization best described: is it
Galls is the largest public safety distributor in the United States. We have a network
a manufacturer, a distributor/dealerlreseller, or
of over 90 outside sales staff, 60 retail branches and another 30 service providers
a service provider? Answer whichever
all of which meet face to face with customers and handle sizing of body armor. See
question (either a) or b) just below) best
attached approved distributor forms.
applies to your organization.
a) If your company is best described as a
distributor/dealer/reseller (or similar entity),
provide your written authorization to act as a
distributor/dealer/reseller for the manufacturer
of the products proposed in this RFP. If
applicable, is your dealer network
independent or company owned?
b) If your company is best described as a
manufacturer or service provider, describe
your relationship with your sales and service
force and with your dealer network in
delivering the products and services proposed
in this RFP. Are these individuals your
employees, or the employees of a third party?
14
If applicable, provide a detailed explanation
This is not applicable.
outlining the licenses and certifications that
are both required to be held, and actually
held, by your organization (including third
parties and subcontractors that you use) in
pursuit of the business contemplated by this
RFP.
Galls, LLC has never been suspended or debarred
15
Provide all "Suspension or Debarment"
information that has applied to your
organization during the past ten years.
Bid Number: RFP 011221 Vendor Name: Galls, LLC
DocuSign Envelope ID: 74C19F9A-2F23-4450-9CE5-B4A715CF2733
Table 3: Industry Recognition & Marketplace Success
14em Question
16 Describe any relevant industry awards or
recognition that your company has received
in the past five years
17 What percentage of your' sales are to the
governmental sector in the past three years
18 What percentage of your sales are to the
education sector In the past three years
19 List any state, provincial, or cooperative
purchasing contracts [hat you hold. What is
the annual sales volume for each of these
contracts over the past three years?
20 List any GSA contracts or Standing offers
and Supply Arrangements (SOSA) that you
hofd. What is the annual sales volume for
each of these contracts over the past three
years?
Table 4: References/Testimonials
Response'
This is not applicable.
approximately 80%. Our primacy business is in Pubic Safety
approximately 5%
Buyboard : $4,872,734.56
NYHIRE : $$111.652.45
COSTARS : $200,000.00
STARS Alliance : $305,000.00
Galls GSA : $3,380,571.49
Line Item 21. Supply reference information from three customers who are eligible to be Sourcewell participating entities
EntEnt H meamea
Contact Name
Phone Number,
Indiana State Police
Lt. Mick McClanahan - R&D
MMcCianahan@ISP,IN.gov
317-450-5700
Cincinnati (OH) Police Department
Tom Tanner - Quartermaster
To-.Tannef@dncinnafl-oh.gov
513-352-2520
St. Paul (MN) Police Department
Sgt. Jeff Parsons
Jeff. parsons@ci.stpau l.mn, us
651-266-5933
Iowa State Police
Lt. Rick Pierce
Commander Fleet & Supply
515-281-3391
Bid Number: RFP 011221 Vendor Name: Galls, LLC
DocuSign Envelope ID: 74C1 9F9A-2F23-4450-9CE5-B4A71 5CF2733
Table 5: Top Five Government or Education Customers
Line Item 22. Provide a list of your top five government, education, or non-profit customers (entity name is optional),
including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar
volumes from the past three years.
Name (Entity Type • .! State / Scope of Wank
1 I Province "
City of Atlanta +Government
Police Dept.
of Transactions'
Georgia - GA We provide the department Work Ft.Dept.
tions can vary
Uniforms and equiment ividual purchases
wide purchases.
Los Angeles Government California - CA �W__e provide them uniforms,
PD uipmani and body armor
Houston PD Government Texas -TX We provide Body Armor,
Uniforms and Equipment
Metropolitan PD� Government District of We provide uniforms and
Columbia - DC ACer��anrFac
Austin PD (Government Texas - TX We provide uniforms and
II I equipment
Table 6: Ability to Sell and Deliver Service
Transactions can vary
from individual purchases
to Dept. wide purchases.
I ransactions can vary
from individual purchases
to Dept, wide purchases.
Transactions can vary
from individual purchases
to Dept. wide purchases.
[collar Volume Past Three
Years
2019 - $1,840,318.40
2020 - $1,687,450.13
2021 - $24,711.02 - This
is only for Jan 2021. We
est 2021 Sales average
about $1.7M
F2019-13,907.87
42,472.71
,248.74 -This
Jan 2021. We
ales average
.- 3M
2019 - $884,232,63
2020 - $777,558,76
2021 - No Sales
Reported as of yet. We
est Sales for 2021 to
average around $800K
2019 - $2,646,740.71
2020 - $2,616,604.50
2021 - $5,695.21 -This is ,
only for Jan 2021. We
est 2021 Sales average
about $2.6M
ransactions can vary 12111 - $1,520,342.31
From individual purchases 2020 - $2,574,513.72
to Dept. wide purchases. 2021 - $14,017.61 - This
is only for Jan 2021. We
est 2021 Sales average
about $2M
Describe your company's capability to meet the needs of Sourceweil participating entities across the US and Canada, as applicable. Your
response should address In detail at least the following areas: locations of your network of sales and service providers, the number of
workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party),
and any overlap between the sales and service functions.
Question
23 (Sales force.
24
Response`
Galls has 50 outside sales rep across the country. We have 80 inside sales reps in
our Lexington home office. We have 10 Account Development Reps that assist with
service responsibilities in their market as well as manage their own deck of mid sized
customers.
We also have an additional Business Development team consisting of 6 outside reps
and 10 inside sales reps that target new business opportunities. Finally we have a
branch network of over 80 locations nationwide and currently in the process of rolling
out 40 Branch Service Reps that will be housed in our retail branches but meet with
customers face to face and handle service work (siz{ng, delivery etc.)
Dealer network or other distribution methods. We are the largest public safety distributor in the United States and are setup with
every major manufacturer in the market. We have over 1500 dealer partnerships and
are a dealer for most major body armor manufacturers.
Bid Number: RFP 011221
Vendor Name: Galls, LLC
DocuSign Envelope ID: 74C19F9A-2F23-4450-9CE5-B4A715CF2733
25 Service force.
Our Sales team handles a lot of our service work but in addition to the sales force
listed above we also have 70 Customer Service Reps that handle over the phone
service requirements.
As mentioned previously we have a developed a new service rote that we are rolling
out in 2021 that is the Branch Service Rep. Branch Service Reps will be housed In
our retail branches across the country but meet with customers face to face and
handle service work (sizing, delivery etc,) within a certain radius of our retail stores.
Galls has 60 outside sales rep across the counuy.We have 80 inside sales reps In
our Lexington home office. We have 10 Account Development Reps that assist with
service responsibilities in their market as well as manage their own deck of mid sized
customers.
We also have an additional Business Development team consisting of 6 outside reps
and 10 inside sales reps that target new business opportunities.
26 Describe in detail the process and
procedure of your customer service
Galls has assembled the best team of dedicated professionals to serve your body
program, if applicable. Include your
response
armor and equipment needs. Customers utilizdng the CO-OP will have personal
contacts, wlli coordinate with our merchandisers, buyers and customization department
-time capabilities and
commitments, as well as any incentives that
to make sure we meet your department needs for comfort, performance, and design.
Having a team of contacts at Galls as well
help your provldars most your stated
service goals or promises.
as access to the staff at our branch
locations allows you to focus on public safety and Galls will monitor the process End
fulfillment of Our
your products.. customers can expect responses from our team within
24 hours of contact. Timeilnes for orders vary based on the manufacturer but being
the largest distributor In the country we have better buying power that competitors as
well as a larger inventory. Our customers can expect us to use that buying to
power
make sure their orders are prioritized and delivered quickly.
27 Describe your ability and Willingness to
provide your products and services to
We have retail branches natonwlde In almost every major city across the country. We
have an outside sales force for every state that
Sourcewell participating entities in the
United States.
are actively pushing and pursuing new
opportunities. We have service reprasentives both Inside and outside that are
supporting our sates efforts on a daily basis. We are equipped, ready, willing and
eager to provide products and services across the United States to Snurcewell
participants,
28 Describe your ability. and willingness to
provide your products and services to
This is something we would certainly be interested in but would rely on our partnership
with Sourcewell and our success in the Canadian
Sourcewell participating entities in Canada.
market to dictate what services we
could provide. We do not have a sales force in Canada and do not sell into Canada
at the moment. This would take some additional steps for us to provide products and
services in Canada.
29 Identify any geographic areas of the United
States or Canada that you will NOT be fully
As stated above we are not servicing any Canadian areas today but would be willing
to look at this as an opportunity. We can
serving thrflugh the proposed contract.
service anywhere in the United States today
Including Hawaii and Alaska.
30 Identify arty Sourcewell participating entity
sectors (i.e., government, education, not -for-
We are able to service any Sourcewell entities but our body armor/ballistic products
will ONLY be sold to public safety (Government, Military,
profit) that you will NOT be fully serving
Police, Fire, EMS, Security
etc.)
through the proposed contract. Explain In
detail. For example, does your company
have only a regional presence, or do other
cooperative purchasing contracts limit your
ability to promote another contract?
31 Define any specific contract requirements or
restrictions that would apply to our
We service both Hawaii and Alaska today and have contracts or business
relationships in both states. We do not have sales reps in/on those but
participating entities in Hawaii and Alaska
and in US Territories.
states can
service those markets and send people to service those customers if necessary to do
so.
Table 7: Marketing Plan
Line
132
usscribe your marketing strategy for
promoting this contract opportunity.
Upload representative samples of your
marketing materials (if applicable) in
the document upload section of your
response.
Response'
Our marketing strategy for this program would cover three major verticals:
1) In Store -
a. With 3 Locations in Minnesota and 60+ retail locations nationwide, we would utilize
signage to advertise the contract
2) Online -
a. Galls would develop a custom e-commerce platform (eQuip) which would allow
Sourcewell members to self -serve and purchase products at contract pricing.
i. Additionally- Galls would setup, at no charge, customer specific Uniform Programs with
customer specific customization and embellishment to mirror contract pricing.
b. Our Galls.com website has current links to contract programs. We would add a link
to the specific Sourcewell eQuip site to drive customer engagement
3) In Person/Over the Phone -
a. In addition to our locations, Galls has a dedicated Outside Sales rep for the market.
We also have two inside sales reps that cover the market. In addition, we have a
nationwide coverage of 150 sales team members. The largest in our segment
b. We would also advertise the Sourcewell contract at the over 100 tradeshows we
attend annually.
Bid Number: RFP 011221 Vendor Name: Galls, LLC
DocuSign Envelope ID: 74C19F9A-2F23-4450-9CE5-B4A715CF2733
33 Describe your use of technology and We promote using online website, social media (Facebook, Twitter, Instagram) and email
digital data (e.g., social media, blasts, We have several that go out each day and can tailor the content to certain markets,
metadata usage) to enhance certain diametersimile radius' to target the necessary contacts and promote our partnership
marketing effectiveness. or our e-commerce capabilities to service the Sourcewell contract.
34 In your view, what is Sourcewell's role We understand that It is our responsibility to market and promote our contract. Sourcewell's
In promoting contracts arising out of role will be minimal, a hope to obtain leads on customer's we may not have a relationship
this RFP? How will you integrate a built with, but it will be our job to reach out, contact those customers and convince them to
Sourcewell-awarded contract into your partner with us on Sourcewell
sales process?
35 Are your products or services
available through an e-procurement
These products and services are available through an e-procurement ordering system that
is
ordering process? If so, describe your
exclusive to Galls and Galls customers known as eQuip.
Galls also offers the ability to create customized Online Ordering System ("eQuip") that will
e-procurement system and how
governmental and educational
meet and exceed the expectations of our customers to offer an additional way to purchase
customers have used it.
your contracted equipment. eQuip is a real time, secure online ordering system which is
fully integrated into the Galls ERP platform. eQuip will allow customers to manage uniform
allotments, track orders, restrict views by rank or location, customize items, see inventory
availability, manage inventory, track body armor expirations, and customize on demand
reports for the agency, individual, or unit to provide a seamless order process. eQuip will
notify customers of any backordered items in real time during
order placement. Galls will
work closely with our manufacturers to obtain product quickly to maintain stock of necessary
uniform and equipment.
Table 8: Value -Added Attributes
Une
Iteemm question
36 Describe any product, equipment,
maintenance, or operator training
programs that you offer to
Sourcewell participating entities.
Include details, such as whether
training is standard or optional,
who provides training, and any
costs that apply.
The efficiencies gained by utilizing the Galls on-line solution result in real dollar savings
beyond evaluating product at a line item basis. By utilizing this eQuip system you are
eliminating a lot of the hidden costs with managing your uniform program. Such as
managing multiple suppliers (Galls with over 1400 manufacturer partnerships can be your
one stop shop) Travel down -time (time spent traveling to and from a store location to be
sized or place orders can now be done from any mobile device). By utilizing eQuip you
are lowering costs just by saving time, money and hours managing your uniform program,
and increasing your buying power.
Calls currently operates more than 15,000 eQuip sites nationwide, covering departments
and agencies of all sizes between 5 and 100,000 users.
eQuip capabilities will include:
• Secure online ordering system
o Site only accessible by usemamelpassword as assigned by customers
o Grand Junction Fire contract pricing pre -loaded into each specific website.
• Mobile device capabifty
• Customer specific configuration
• Product offering management
o Individual Department products only
o Products by employee group
Optional shop full catalog feature
Integrated with Galls ERP system
Flexible On -Demand Reporting
The Galls eQuip web system is an in-house technology owned and operated by Galls. This
is important because it allows Galls to control the timelines of implementations and
changes throughout the contract in a timeframe that is acceptable to the user. Galls does
not outsource any of the work needed to build and maintain the website.
The Galls eQuip system is a force multiplier for your department that will dramatically
amplify your effectiveness in managing contract purchases at no additional cost or effort to
any of the Sourcewell participating entities. This is something Galls offers at no cost to the
customer and is something we work hand in hand with customers to get rolled out for them.
Respvfrse
For this contract we could train customers participating in the Sourcewell contract with sizing
certification so they can size their own officers. Our sales team is certified in body armor
sizing and can assist in training any Sourcewell Participating Entities. That said,our service
model is designed to provide this service to all of our customers.
Bid Number: RFP 011221
Vendor Name: Galls, LLC
DocuSign Envelope ID: 74C19F9A-2F23-4450-9CE5-B4A715CF2733
Describe any technological
advances that your proposed
Products or services offer,
38 Describe any "green" initiatives
that relate to your company or to
your products or services, and
include a list of the certifying
agency for each.
40
Identify arty third -party issued eco.
labels, ratings or certifications that
your company has received for the
equipment or products Included in
your Proposal related to energy
efficiency or conservation, Life -cycle
design (cradle -to -cradle), or other
greenlsustairiabiiity factors.
Describe any Women or Minority
Business Entity (WMBE), Small
Business Entity (SBE), or veteran
owned business certifications that
your company or hub partners
have obtained. Upload
documentation of certification (as
applicable) in the document upload
section of your response.
We have developed a system called eQuip that we can offer any 5ourcewell Participating
entities. Cur eQuip system is an online ordering system for customers that allows them to
plar,e arid track Orders, run and actually
track (fie full life of report order
their bodyarmor.. With our a set management tool ry, took down contract anlceQu p customers
can set the 5 year shelf life for their vest and gat email reminders when the vest needs to
be replaced. This is something exclusive to Galls and offered only to Galls customers.
We do not have any green initiatives currently,
do not have any third party issued eco-labels, ratings or certifications.
We are not certified as WMBE or SBE.
Bid Number: RFP 011221
Vendor Name: Galls, LLC
DocuSign Envelope ID: 74C19F9A-2F23-4450-9CE5-B4A715CF2733
What unique attributes does your
company, your products, or your
services. offer to Sourcewell
participating entities? What makes
your proposed solutions unique In
your Industry as it applies to
Sourcewell participating entlties?
vur company is unique through our broadest selectian of products, the wide reach of our
sales farce being a national company and through the efficiencies we can offer through our
eQuip ordering system.
Product Offering' Galls is the reliable source for quality, in -stock public safety equipment and
apparel. Like you, we're quick, efficient, and effective. Galls understands that the demanding
needs of your profession drive your purchasing decisions, so we demand the quality gear
you require to do your job. As the public safety industry leader we pride ourselves ❑ri having
the largest inventory In the Industry. However your options do not end with our inventory;
Galls will leverage our experience and knowledge to find the products you require in Hie rare
event we d❑ not inventory the item or brand,
National Sales Reach: Galls has assembled the best team of dedicated professionals to
serve your uniform and equipment needs. Customers utllizing the Co -Op Ali have personal
contacts, will coordinate with our merchandisers, buyers and customization department to
make sure we meet your uniforms criteria for comfort, performance, and design. Having a
team of contact's at Galls as well as access to the staff at our branch locations allows you
to focus on public safety and Galls will monitor the process and fulfillment of your
producis.With over 50 outside sales reps, 60 Inside account managers, 60 highly trained
customer service representatives, a business development team consisting of E outside reps
and 10 inside reps and our branch network of over So locations with 40 Branch Service
Reps. Again, i must stress that our team is ready and willing to pursue opportunities and
promote our partnership with Sourcewell.
equip Ordering Service; Galls also offers the ability to create customized Online Ordaring
System ("eQuip-y that will meet and exceed the expeclations of our customers to offer an
additional way to purchase your contracted ultiforms and equipment. eQuip is a real time,
secure online ordering system which is fully Integrated Into the Galls ERP platform. equip will
allow customers to manage uniform allotments, track orders, restrict views by mnk or
locatlon, customize Items, see Inventory availability, manage Inventory, track body armor
expirations, and customize on demand reports for the agency, individual, or unit to provide a
seamless order process. eQuip will notify customers of any backordered Items in real time
during order placement. Galls will work closely with our manufacturers to obtain product
quickly to maintain stock of necessary uniform and equipment.
The efficiencies gained by utilizing the Galls on-line solutlon resull in real dollar savings
beyond evaluating product at a line Item basis. By ulilizing is equip system you are
eliminating a lot of the hidden costs with managing your uniform program. Such as managing
multiple suppliers (Galls with over 1400 manufacturer partnerships can be your one stop
shop] Travel down -time (time spent traveling to and from a store location to be sized or
Place orders can now be done from any mobile device). By utilizing equip you are lowering
casts just by saving time, money and hours managing your uniform program, and increasing
your buying power.
Galls currently operates more than 15,000 equip sites nationwide, covering departments and
agencies of all sizes between 5 and 100,000 users.
equip capabilities will include:
Secure online ordering system
❑ Site only accessible by usemomelpassword as assigned by customers
o Grand Junction Fire contract pricing pre -loaded into each specific website.
• Mobile device capability
Customer specific configuration
• Product offering management
❑ Individual Department products only
o Products by employee group
Optional shop full catalog Feature
Integrated with Galls ERP system
• Flexible On -Demand Reporting
Bid Number: RFP 011221
Vendor Name: Galls, LLC
DocuSign Envelope ID: 74C19F9A-2F23-4450-9CE5-B4A715CF2733
Table 9: Warranty
Describe in detail your manufacturer warranty program,
and overall structure. You may upload representative
upload section of your response in addition to responding
Line
Question
Item uesn
including conditions and requirements to qualify, claims procedure,
samples of your warranty materials (if applicable) in the document
to the questions below.
Po
Response
42 Do your warranties cover all products, parts, and
The manufacturer warranty covers a majority of the products including the
labor?
ballistics, carriers, straps etc.
43 Do your warranties impose usage restrictions or
This would vary by manufacturer based on the item.
other limitations that adversely affect coverage?
44 Do your warranties cover the expense of
This is not applicable to this contract. The Galls sales team will do the
technicians' travel time and mileage to perform
traveling and do any re -sizing or adjustments at no charge.
warranty repairs?
45 Are there any geographic regions of the United
States or Canada (as applicable) for which you
Body armor would never need a warranty repair. It would need a re -size or
replacement based off warranty language which can be done by
cannot provide a certified technician to perform
the Galls
sales representatives anywhere in the United States.
warranty repairs? How will Sourcewell participating
entities in these regions be provided service for
warranty repair?
46 Will you cover warranty service for items made by
other manufacturers that are part of your proposal,
As a distributor of these products the warranties are handled by each
individual manufacturer for the items on this Each
or are these warranties issues typically passed on
proposal. manufacturer has
their own warranty language based on the product.
to the original equlprnent manufacturer?
47 What are your proposed exchange and retum
programs and policies?
Trust is crucial to a team and, as your partner, we want to make sure our
products match your expectations. We offer two levels of returns:
30-day Comfort Guarantee: if you are not completely satisfied with your body
armor, simply return them within 30 days from the date you received your
order for a refund or exchange. Some restrictions apply.
We are hyper focused on our customers so although retumstexchanges can
be on a case by case basis we will do what is necessary for the customer
whether that is a re -fit, working with the manufacturers to adjust or re -make
the vests or a complete replacement. We will make sure we make it right for
our customers.
46 Describe any service contract options for the items
Included in your
We do not have service contract options but our sales team will be able to
.proposal..
provide service to any and all customers .utilizing this Sourcewell contract.
Bid Number: RFP 011221 Vendor Name: Galls, LLC
DocuSign Envelope ID: 74C19F9A-2F23-4450-9CE5-B4A715CF2733
Table 10: Payment Terms and Financing Options
Line (Question
tem I
Response'
What are your payment terms (e.g., net 10, net 30)? Net 30
50 Describe any leasing or financing options available for use Galls does not provide any leasing or financing options for the
by educational or governmental entities. goods we provide,
51 Briefly describe your proposed order process. Include
enough detail to support your ability to report quarterly
sales to Sourcewell as described in the Contract template.
For example, indicate whether your dealer network is
included in your response and whether each dealer (or
some other entity) will process the Sourcewell participating
entities' purchase orders.
52 Do you accept the P-card procurement and payment
process? If so, is there any additional cost to Sourcewell
participating entities for using this process?
Galls provides a full service ordering process with online, in person,
over the phone, or through email we allow our customers to
purchase whichever way is easiest for them. Each account has
dedicated reps that can be emailed or called for order placement,
this can also be handled by our expert customer service staff. Our
customers can also utilize any of our branch locations to be sized
and place orders directly. Lastly, we have an online ordering portal
known as eQuip we can setup Sourcewell pricing on its exclusive
online ordering portal to be utilized by our customers.
Reporting: If awarded, we will create a contract specific pricelist and
source code. A source code acts as quick option to identify contract
specific pricing for our Co -Op Contracts. When a rep receives and
order an is informed that the agency is utilizing the Sourcewell
contract, they apply the source code to the order which will
guarantee that the customer receives the contract pricing. The rep
Would then contact the contract manager and state that a new
customer has requested Sourcewell pricing. The contract manager will
review the customer information and verify that this agency should
always have the option to receive Sourcewell pricing. If continued use
is approved by the contract manager, they will tie the customer's
specific account number to the Sourcewell pricelist so that the
account is setup to pull Sourcewell Pricing. The Contract Manager
will run weekly reports on the Source Code to verify that new
customer account additions to the pricelist have not been overlooked.
At required reporting milestones, the Contract Manager will run a
report based upon the pricelist which will pull all sales for account
numbers tied to it.
Galls accepts P-Cards for payments on orders. We do not limit the 1
use or charge fees when a procurement card is used for payment.
H
Bid Number: RFP 011221
Vendor Name: Galls, LLC
DocuSign Envelope ID: 74C19F9A-2F23-4450-9CE5-B4A715CF2733
Table 11: Pricing and Delivery
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can
be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product
Change Request Form.
Line
Item Question
53 Describe your pricing model (e.g„ line -item discounts or
Product -category discounts}. Provide detailed pricing data
{including standard or fist pricing and the Sourcewell
discounted price} On all of the items that you want
Sourcewell to consider as part of your RFP response, If
applicable, provide a SKU far each item in your proposal.
Upload your pricing materials {if applicable} !n the document
Upload section of your response.
54 Quantify the pricing discount represented iy the pricing
proposal in this response. For example, If the pricing in
your response represents a percentage discount from MSRP
or list, state the percentage or percentages rannA
ltesAonse
We have attached Our pricing model and priced each item out
Individually with SKU's provided. This is a Catalog Discount and the
discounts will scary between 20°% - 40%. Catalog Pricing is attached
and will sow each sku's specific discount % received and pricing for
Sourcewell Customers
Percentage range is 201. - 40%
55 Describe any quantity or volume discounts or rebate
programs that you offer. Ware offering a volume discount as follows.
56 Propose a method of facilitating "sourced" products or
related services, which may be referred to as "open market"
items or "nonstandard options". For example, you may
supply such items "at cost" or "at cost plus a percentage,"
or you may s,,pply a quote for each such request.
57 Identify any element of the total cost of acquisition that Is
NDT included In the pricing submitted with your response.
This includes alI additional charges associated with a
purchase that are not directly identified as freight or
shipping arges. For example, list costs for items like pre -
delivery !nschpection, Installation, set up, mandatory training, or
I'tla! inspection. Identity any parties that impose such costs
and their relationship to the Proposer.
58 11 frelght, delivery, or shipping is an additional cost to the
5eurcewell participating entity, describe in detail the
complete freight, shipping, and delivery program.
59 specifically describe freight, shipping, and delivery terms or
Programs available for Alaska, Hawaii, Canada, or any
offshore delivery.
60 Describe any unique distribution and/or delivery methods or
options offered in your proposal.
Table 12: Pricing Offered
Bern IThe Pricing offered in this Proposal is:'
2°% $25,000 - $49,999
4°% - $50,000 - $99,999
6% - $100,000 or more
We will supply a quote for each such request based on customer,
volume, product selected etc.
The pricing included in this bid are priced as is. There is no
additional cost structure involved in this pricing. The sizing* pre -
delivery inspection, and initial inspection are all offered at no charge
from our sales and service staff.
F'relghVDellvery typically depends on the product, weight and where
the Item is being shipped . Freight charges may be applied to
orders fled to We contract but if the customer ships to a Galls
location and opts for pickup or If the product is drop shipped from
the manufacturer to the customer no freight charges will be included.
Please see our technical capability attached in the documents for
additional informal;-- on freight charges.
Freight charges will be the same for Alaska or Hawaii as listed in
the above question, If the product is dropshlpped from the
manufacturer to the customer no freight will be applied. If the order
is shipped from a Galls facility to the customer freight will be
determined based on weight and distance.
We have several unique distribution options for instance we can ship
complete or ship individually as items become available. Additionally
we can consolidate our shipping to reduce shipping charges and in
conjunction with our green initiatives. We can work with our
manufacturing partners to ensure that items are drop shipped directly
to them from the manufacturer to decrease order time and eliminate
shipping costs, Finally we can ship to one of cur 80 branch
locations and the customer can pickup products to eliminate shipping
costs.
61 f G. better than the Proposer typically offers to GPQs, cooperative p
departments, rocurement organizations, or state purchasing
ii
Comments
The pricing offered is at a
better discount than other
cooperative procurement
organizations
Bid Number: RFP 011221
Vendor Name: Galls, LLC
DocuSign Envelope ID: 74C19F9A-2F23-4450-9CE5-B4A715CF2733
Table 13: Audit and Administrative Fee
Line
Item Question
62 Specifically desci
f-audit process or program that you
plan to employ tpliance with your proposed Contract
with Sourcewell. s includes ensuring that Sourcewell
participating entite proper pricing, that the Vendor
reports all sales under the Contract each quarter, and that the
Vendor remits the proper administrative fee to Sourcewell.
63 Identify a proposed administrative fee that you will pay to
Sourcewell for racilitaling, managing, and promoting the Sourcewell
1Contract in the event that you are awarded a Contract. This fee is
typically calculated as a percentage of Vendor's sales under the
Contract or as a per -unit fee; It is not a line -item addition to the
Member's cost of goods, (See the RFP and template Contract for
2ridifiA..1 Anf_11.. 1
If awarded, a pricelist will be created for all products on the
catalog. This catalog will be marked formal by the Contract
Management Speclalist which will lock In customer pricing to
that Specialist only, It any increases are warranted through the
fife of the contract. The Contract Specialist will be the only
representative within the company with access to the pricing
and will be responsible for the updates. This provides you a
personalized contact for your customers and removes errors
that can be .caused when too many people have access to
change a customer's pricing. Any customer purchasing off the
sourcewell contract will be tied to the pricelist and
automatically receive Sourcewell pricing. The Contract
Specialist will also have a Hold Bucket created which will
hold any orders over $25,000 so they can be reviewed prior
to completion. This creates a check and balance between or
Sales/Store reps and the Contract specialist
1.5% administrative fee quarterly
Table 14A: Depth and Breadth of Offered Equipment Products and Services
Line Question
item Response
64 Provide a detailed description of the We are offering full catalog offerings from various Body Armor Manufacturers and
equipment, products, and services that you body armor carriers. We are offering soft armor and carriers, hard armor plates,
are offering in your proposal. plate carriers, tactical armor, ballistic helmets, ballistic shields, stab armor, and armor
accessories (straps, pouches, additional carriers etc.)
55 Within this RFP category there may be Soft Body Armor/Concealable Armor
sUbcategories of solutions. List subcategory Internal Carriers
titles that best describe your products and External Carriers
services. Tactical Armor
Hard Armor Plates
Plate Carriers
Ballistic Helmets
Ballistic Shields
Stab Armor
Armor Accessories
Bid Number: RFP 011221
Vendor Name: Galls, LLC
DocuSign Envelope ID:74C19F9A-2F23-4450-9CE5-B4A715CF2733
Table 14B: Depth and Breadth of Offered Equipment Products and Services
Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional
comments in the text box provided, as necessary.
lJne Item Categoryor Type
Offered'
66 Concealable or covert vests
comments
r Yes
r No Yes this will be provided
67 Tactical Vests
r: Yes
Yes this will be provided.
r' No
68 Armor plate or insert carriers
r. Yes
Yes this will be provided.
r No
69 Hard and soft armor plates, inserts, panels, and 0 Yes
backers Yes this will be provided.
70 Bomb or blast -resistance suits
r No
r Yes
No we do not offer bomb suits.
r: No
71 K-9 (and other service animal) protective gear rr Yes
Yes this will be provided.
r Na
72 Other protective armor
r: Yes
We are offering accessories and
r No
additional items.
Table 15: Industry Specific Questions
Response "
"��s
u are awarded a contract, provide a
examples of internal metrics that will
Our Contract Specialist will be responsible for compliance with the terms of this
acked to measure whether you are
g succeswith the
contract. They will run all sales reports which will show them the progress at which
sales are growing. They will also setup meetings with customer's
contract.
that piggyback off
our contract to check on the quality of service and products they are receiving. These
meetings will be used to gauge customer
satisfaction as well as discuss any
potential additions they would like to see on the contract. Sales is a great indicator
of success, but sales mean nothing if our customer's
74 Describe any performance standards that
are not happy with our company.
We are the distributor of these
your products meet and how they are
tested,
products so all products are tested at the
manufacturer level. That said all pallis0c products that
we distribute and are proposing
are NIJ Certified and have to go through the NIJ Certification testing
NIJ
administers a program to test commercially available armor for compliance with
the standards to determine whether the
vests will perform as expected.
In addition to being tested for NIJ compliance, body armor models must meet
workmanship and labeling requirements.
NIJ also has a follow-up inspection and testing requirement to ensure that the body
armor worn by officers is safe and reliable. Each body armor manufacturer with a
model that meets the standard is subject to follow-up
six inspections and testing over
a five-year period, consisting of:
lnspectlons of recently manufactured vests to determine whether they are constructed
in the same way as the original
samples.
Follow-up ballistic testing.
NIJ's Criminal Justice Testing & Evaluation Consortium manages the compliance
testing program.
75 Provide an overview of your Quality
Management System and identify any
As distributors our quality control is making sure you receive the items that you order.
Our manufacturers are tested on
accreditations it has received.
quality and worksmanship as part of their NIJ
Certification process.
76 Describe any design and manufacturing
As the distributor of these products do
processes or materials utilized that
contribute to anprotection, overall
we not handle the manufacturing of any of the
products. Our Galls brand armor is manufactured by Point Blank Enterprises and NIJ
Certified through them.
durability, and increased wearer mobility
and safety that differentiate your offerings.
What differenlfates our offerings compared to others is we are
riot tied to a single line of body armor, We can provide various. manufacturers
the
and let
customer decide what fits best, is the most comfortable and what they determine
is safest and still be able to
utilize the 5ourcewell contract.
Bid Number: RFP 011221
Vendor Name: Galls, LLC
DocuSign Envelope ID: 74C19F9A-2F23-4450-9CE5-B4A715CF2733
Table 16: Exceptions to Terms, Conditions, or Specifications Form
Line Item 77. NOTICE: To identify any exception, or to request any modification, to the Sourcewell template Contract terms, conditions, or specifications, a
Proposer must submit the exception or requested modification on the Exceptions to Terms, Conditions, or Specifications Form immediately below. The
contract section, the specific text addressed by the exception or requested modification, and the proposed modification must be identified in detail.
Proposer's exceptions and proposed modifications are subject to review and approval of Sourcewell and will not automatically be included in the contract.
Contract Section Term,Coridition, or Specification Exception or Proposed Modification
Bid Number: RFP 011221
Vendor Name: Galls, LLC
DocuSign Envelope ID: 74C19F9A-2F23-4450-9CE5-B4A715CF2733
Proposer's Affidavit
PROP DER F A T A D 5U bf E O CO P
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the
Proposer to this Affidavit and Assurance of Compliance:
1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in
the jurisdiction of its residence,
2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for
contract award.
3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the
Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under
this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not
directly or indirectly entered Into any agreement or arrangement with any person or business in an effort to influence any part of this
sollcltation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or
competitiveness In connection with this solicitation. Addlf#onally, If Proposer has worked with a consultant on the Proposal, the
consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this
solicitation.
4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or
circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a
vendor has an unfair competitive advantage or the vendors objectivity in performing the contract is, or might be, impaired.
5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an
employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this
solicitation.
6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in
accordance with the terms, conditions, and scope of a resulting contract.
7. The Proposer possesses, or will possess before delivering any equipment, producls, or services, all applicable licenses or
certificattons necessary to deliver such equipment, products, or services under any resulting contract.
8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are
acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and
related services to Sourcewell Members under an awarded Contract.
9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either
substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic
data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes
Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under
Minnesota's Data Practices Act.
11. Proposer its employees, agents, and subcontractors are not:
Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control
of the United States Department of the Treasury found at: httpsrj(y,ireasyrXgo,i�Qjrl�f wn d ynitst ndf;
Included on the government -wide exclusions lists in the United States System for Award Management found at:
htlps,tlsam.a v�M/; or
c. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated
Bid Number: RFP 011221
Vendor Name: Galls, LLC
DocuSign Envelope ID: 74C19F9A-2F23A450-9CE5-B4A715CF2733
by the State of Minnesota: the United States federal government or the Canadian government, as applicable; or any
Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense
related to the subject matter of this solicitation.
W By checking this box 1 acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this
Proposal on behalf of the Proposer, and that this electronic acknowiedgment has the same legal effect, validity, and enforceability as if I
had hared signed the Proposal. This signature will not he denied legal effect, validity, or enforceabi(Ity solely because a
such n electronic
signature or electronic record was used in its formation. - David Scheve, CFO, Galls, LLC
The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission
Proposer foresees an actual or potential Conflict of interest in performing the contractual obligations contemplated in the bid. , and/or the
r Yes r: No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.
Check the box in the column 1 have reviewed this addendum" below to acknowledge each of the addenda.
File Name
I have reviewed the
below addendum and
attachments (if
Pages
Addendum _8_Body Armor—RFP 011221
applicable)
Tue January 5 2021 04:33 PM
Addendum_7_Body Armor RFP 011221
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3
Thu December 31 2020 02:24 PM
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Addendum_6_8ody Armor RFP 011221
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Tue November 24 2020 03:44 PM
Addendum_5_Body_Armor RFP 011221
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Tue November 24 2020 09:47 AM
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Addendum 4 Body_Armor_RFP 011221
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Mon November 23 2020 12:23 PM
Addendum 3 Body_Armor RFP_011221
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Fri November 20 2020 11:12 AM
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Thu November 19 2020 01:45 PM
Addendum 1_Body Armor RFP 011221
Tue November 17260 11:09 AM f
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Bid Number: RFP 011221
Vendor Name: Galls, LLC
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