State of Colorado

BODY ARMOR COMPETITIVE NEGOTIATION

the department of personnel and administration

State Purchasing Office

On behalf of the

STATE OF COLORADO

and the

Solicitation

WSCA Contract for

Body Armor

December 21, 2007

Table Of Contents

Table of Contents / Page 2
introduction / purpose / page 3
wsca contract administration / page 3-4
communication / information & Compliance letters / page 5-6
pricing information and responses / page 6-7
scope / specifications / standards / page 8
Measurement and fitting / page 9
quality control / page 10
recall notices / page 10
materials and construction / page 10-11
certification / page 11
professional fitting / page 11
length of contract / page 11
payment terms / page 12
delivery / service / page 12
terms and conditions / page 13
insurance requirements / page 13
price guarantee period / page 13-14
reporting / page 14
administrative fees / page 15
facility inspections / page 15
database / page 15
warranty items / page 15
recycle / disposal / page 15
form: Manufacturers List and Pricing Information / page 16
form: Manufacturer/Distributor Assignment / page 17
invitation for proposal cover sheet & signature page / page 18
attachment “a”: state of colorado pa solicitation terms and conditions / att. a
attachment “b”: standard contract terms & conditions wsca / att. b

INTRODUCTION

PURPOSE OF THIS SOLICITATION

The State of Colorado is seeking proposals from qualified manufacturers to provide new ballistic resistant, stab resistant, and tactical body armor. The primary purpose of this solicitation is to establish price agreement(s) on a competitive basis with qualified manufacturers for use by multiple states and agencies. The following ordering entities are permitted to purchase from statewide price agreements: State agencies / departments, Institutions of Higher Education and Political Subdivisions. The State makes no guarantee of volume as a result of the price agreement(s). The objective is to establish price agreement(s) with manufacturers who are able to provide body armor so that agencies may order a range of product(s) as appropriate for their safety needs.

A key objective of this procurement is to obtain the best value costs for body armor by combining the volume from the Western States Contracting Alliance (WSCA) within multiple states with administrative savings that will result from the maintenance of a single, comprehensive contract for each awarded manufacturer. The mission of WSCA is to implement multi-state contracts to achieve cost-effective and efficient acquisition of quality products and services.

Any state may use the resulting price agreements. In addition, state-purchasing offices may authorize education, state and local governmental entities throughout the nation to use the price agreements, subject to approval of the local state purchasing director and local statutory provisions.

Manufacturers will be responsible for submitting responses to this solicitation as directed, and also include a list of distributors for each participating state. Individual distributor responses will not be considered.

Political subdivisions of the State are intended third party beneficiaries of any contract resulting from this Competitive Negotiation and are eligible to participate under the same terms and conditions of that contract. The body armor purchased by the State is intended to save and protect lives ensuring the safety and well being of law enforcement personnel.

The State of Colorado reserves the right to change, update, add, and modify specifications as needed.

WSCA CONTRACT ADMINISTRATION

Background

The Western States Contracting Alliance, (WCSA), is a cooperative group contracting consortium for State government departments, institutions, agencies and political subdivisions (i.e., colleges, school districts, counties, cities, etc.,) for the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Minnesota, Montana, Nevada, New Mexico, Oregon, South Dakota, Utah, Washington and Wyoming.

WSCA was formed in October 1993. The purposes of WSCA is to establish the means by which participating states may join together in cooperative multi-state contracting to ensure the commitment of each participating state and to provide regular and ongoing assistance to participating states in researching, developing and administering procurement and contractual specifications and requirements.

WSCA maintains a cooperative relationship with the National Association of State Purchasing Officials (NASPO). The mission of WSCA is to implement multi-state contracts to achieve cost-effective and efficient acquisition of quality products and services.

The following named states have requested to be named in this solicitation as a potential user of the resulting price agreements:

Arizona

Hawaii

Iowa

Massachusetts

Minnesota

New Mexico

Oregon

South Dakota

Utah

Washington

Each state will sign a participating addendum with each awarded manufacturer. All applicable terms and conditions will be attached by member states at that time (if not specifically included in the solicitation).

WSCA Contract Administrator

The State of Colorado, Department of Personnel and Administration, State Purchasing Office has been designated by the WesternState’s Contracting Alliance (WSCA) LeadState conducting this procurement and subsequent contract management. The reference number for this Solicitation is CN-BODYARMOR-SM-01-08. The WSCA Contract Administrator designated by the State of Colorado, Department of Personnel and Administration, State Purchasing Office is:

Sandy Montanez

State of Colorado, State Purchasing Office

633 17th Street, Suite 1520

Denver, Colorado80202

Voice: 303-866-3154

Fax: 303-866-6016

COMMUNICATION / INFORMATION

Contact

The State of Colorado, State Purchasing Office will be the sole point of contact for this solicitation.

The State will only distribute information regarding this solicitation to Manufacturers. Any other parties, including distributors and independent manufacturer representatives, must contact their specific manufacturers in order to receive information.

Information and Compliance Letters:

In response to the competitive negotiation, manufacturers are required to provide the following information:

1. A letter, addressing the following:

  1. Brief description of prior experience providing body armor.Manufacturer must have the ability to perform according to the terms of this proposal. Manufacturer will be required to have 5 years experience in providing this type of product line to state level organizations.
  1. Manufacturer is required to provide the number of years they have been in the body armor business.
  1. Provide a copy of the most recent audited financial statements to be used to determine financial status.
  1. Manufacturer contact information to include a direct contact phone number, address, and email. No general numbers or mailboxes will be accepted.
  1. All manufacturers must agree to notify the State and all agencies using their Price Agreements of recall notices, warranty replacements, safety notices, or any applicable notice regarding the body armor being sold. All awarded manufacturers will notify the State by phone IMMEDIATELY of any recall, safety notice, warranty replacements, or issues regarding the safety of officers. Failure to notify the State may result in the immediate cancellation of the award.
  1. All manufacturers must clearly explain manufacturer’s warranty for each product submitted, replacement polices, procedures, and other applicable information in the event body armor needs to be replaced.
  1. Provide a complete list of distributors. Include the contact name, phone number, fax number, email address, and address for each distributor. No manufacturer will change local distributors without sixty – days (60) written notice to the applicable state. A second letter, with a complete list of distributors for each state that plans on participating (See page 4).
  1. All manufacturers shall indicate the standard delivery date for regular orders.
Manufacturers List and Pricing Information

Manufacturers will submit a list (do not send brochures) of submitted body armor by type (e.g., concealable, tactical, ballistic and stab resistant), to include model numbers and pricing:

  1. Brand and model name and number of body armor, designation for use (Concealable, Ballistic, Stab, and Tactical). The model “Name and Number” must remain consistent throughout award period. No changes permitted.
  2. Threat Level of body armor
  3. General description of materials and fiber content of body armor (i.e., layers of each material type used, thread count, etc.).
  4. Adherence to the following standards:
  5. National Institute of Justice (NIJ) Standards for Ballistic Resistant and for Stab Resistant Body Armor.

Manufacturers shall include in their response the “original certification test results” from the NIJ Certification testing.

Prices will be applicable to all aspects and requirements of this solicitation and for the resulting price agreements.

The resulting price agreements will be for the “Manufacturers List and Pricing Information” list and specific unit price that the manufacturers submit in their response. Manufacturers shall also include a pricing matrix that provides a discount for quantity / volume purchases. Discount pricing scale for bulk purchases of 5, 10, 20, and 50. Individual agencies may negotiate pricing or additional discounts with higher volumes.

All Pricing responses will include two carriers and one trauma plate (hard or soft). It is at the agency’s discretion to select either a hard or soft trauma plate.

Price reductions offered to any Colorado state agency or political subdivision, attributable to other than volume discounts or “spot” promotional discounts, will be made available to the State and all other political subdivisions via this price agreement. Participating states may include this provision in their participating addendums at their discretion.

responses

All manufacturers shall include the following in their responses:

  1. Signed and Completed Cover Sheet/Proposal Response Sheet
  2. Both letters completed as directed
  3. Submittal of the “Manufacturer’s List and Pricing Information” form (See page 16).
  4. Summary spreadsheet of products specified in “Manufacturers List and Pricing Information” Sheet. The Summary spreadsheet shall be provided in Excel format.
  5. Submittal of the “Manufacturer / Distributor Assignment for Company” form(s) for each distributor to be assigned. (See page 17).
  6. Proof of insurance coverage
  7. Manufacturer’s warranty for each product submitted. Clearly specify period of performance. Clearly outline the steps to submit a warranty claim. Warranty periods shall begin when body armor is issued. Clearly specify return policy if body armor is out of warranty.
  8. Copies of Certifications and/or provide applicable information for:
  1. National Institute of Justice (NIJ) Standards for Ballistic Resistant and for Stab Resistant Body Armor.
  1. Are the products on the NIJ’s current Certified Product List (CPL) list?
  1. At the time of shipping the armor (Ballistic and Stab) shall be on the current NIJ’s CPL list of complying body armor.
  1. ISO 9001:2000 Quality Assurance Certificate of Certification from an accredited registrar. (Pending or in process is acceptable.)
  1. Include NIJ 2005 Interim Requirement Compliance letter and a copy of the compliance test report. Submissions may be redacted with proprietary information removed. However, all shot data (P-BFS and Ballistic limit test) is required.
  1. Submittal of a sample of the “data or measurement sheet” used when determining measurement and fit for a new product.
  2. All manufacturers shall provide a schedule of the standard delivery date for regular orders.
  3. Acknowledgement that any product that has been be altered two (2) times and still does not fit properly, due to measurement / fit errors by the manufacturer, shall be replaced by the manufacturer at their expense.

Overly elaborate responses are not required or desired. A minimum font size of 11 is required.

All manufacturers responding to this solicitation shall provide one original in a professional format, enclosed in a loose-leaf binder, with clearly labeled and indexed contents. In addition to the original, six (6) additional copies are required to be submitted.

SCOPE

These specifications cover ballistic resistant, stab resistant, and tactical body armor for sworn male and female law enforcement personnel of the State of Colorado. Body armor shall provide maximum protection

The term “State of Colorado” hereinafter referred as, “State.”

SPECIFICATIONS

1.0Standards

All manufacturers submitting body armor in response to this solicitation shall submit only body armor that meets the following minimum standards:

a.National Institute of Justice (NIJ) Standards for Ballistic Resistant and for Stab Resistant Body Armor.

b.All body armor must meet NIJ threat levels as applicable as indicated on the “Manufacturer’s List and Pricing Information” sheet(s). These levels are:

Ballistic Resistant Levels

  • Level II
  • Level III
  • Level IIIA
  • Tactical Body Armor

Stab Resistant Body Armor

Note: NO threat level IIA body armor will be accepted or awarded.

c.ISO 9001:2000 Quality Assurance Certification (Pending or in process is acceptable)

d.Warranty periods specified are to begin when body armor is issued, not when manufactured.

e.All body armor, to include ballistic, tactical, and stab resistant that includes a trauma plate shall have the trauma plate pocket permanently secured to the carrier on three sides (both sides and the bottom).

2.0 Measurements and Fitting

All manufacturers, through local distributors or factory representatives, must be capable, when requested, of providing trained personnel for the purpose of taking measurements of users. While it is not the intent to have manufacturers respond to locations for the purpose of fitting only one or two users, manufacturers may do so. The intent of having manufacturers respond to user’s locations is geared more to the academy-sized classes or bulk orders.

All measurements must be made according to industry standards and must take into account all clearances of panels and duty belts. Male sizes are to be per industry standards, and female standards shall also include bust size. Ordering agency personnel shall specify the minimum requirements of clearances or reference published standards. In addition to the above, all concealable body armor sold shall have no less than a 1” overlap on side panels for fitting. Any issues raised regarding standardized fitting requirements will be discussed with manufacturers and made part of the resulting awards as such issues come up. Manufacturer is required to submit a copy of the “data or measurement sheet” used when measuring a customer (See page 6).

Any product that has been be altered two (2) times and still does not fit properly, due to measurement / fit errors by the manufacturer, shall be replaced by the manufacturer at their expense.

All awarded manufacturers and designated distributors shall provide information to requesting law enforcement agencies regarding the care and proper maintenance of bullet and stab resistant armor. A short briefing to academy classes regarding care and maintenance during fitting and measurement visits is required.

2.1Labeling

Body armor shall be labeled in accordance with all requirements of the National Institute of Justice (NIJ) Standard for ballistic resistant or stab resistant as applicable.

The term “Strike Face” shall be prominently printed on the ballistic panels to assist officers for replacement of the panels into their carriers. The labels shall clearly state “Property of the Issuing Agency” in the same typeface as the entire label requirements.

Label material shall withstand normal wear and cleaning and remain readable

during the entire warranted life of the armor or carrier.

All body armor shall be labeled in strict adherence to any applicable laws and

3.0 Quality Control

All manufacturers must conform to and have certification /registration in accordance with the ISO 9000:2000, Quality Management Systems -Requirements by a certifier/registrar that is accredited by a member of the IAF Multilateral Recognition Arrangement. The scope of the certification must include the Design and Manufacturing of technology advanced personal safety equipment including concealable and tactical bullet resistant body armor, custom body armor, composite armor, explosive ordinance protection, ballistic face and head protection, ballistic shields, and other police and military apparel, and narcotic identification systems.

A copy of the certificate, as well as the manufacturer’s quality control program documentation, must be submitted with proposal documents. The only exception to this will be pending or in-process certifications, for which the Certificate requirement will be temporarily waived, but a description of the quality control program will be included. All manufacturers who have pending certifications will notify the State of any changes immediately.

The documented quality control system must be designed to insure the integrity and performance of the manufactured products. The quality control system shall control all manufacturing process and incoming raw materials. As an alternative, manufacturers are allowed to contract this out to an accredited independent lab. Procedures for lot testing of incoming raw materials and in-process samples must be incorporated into the quality control system.

4.0Recall Notices

All awarded manufacturers will be responsible for notifying the State and all agencies using their Price Agreements of recall notices, warranty replacements, safety notices, or any applicable notice regarding the products being sold.

All awarded manufacturers will notify the State by phone or email IMMEDIATELY of any recall, safety notice, warranty replacements, or issues regarding the safety of officers. Failure to notify the State may result in the immediate cancellation of the award. The manufacturer must also notify the State in writing within 30 calendar days of such recalls, warranty replacements, safety notices, etc.

5.0Materials and Construction: All body armor and/or body armor components shall be of high quality materials and without any manufacturing and/or product defects and imperfections. All materials shall be the same as reported to the NIJ in the “lists of materials of construction of each component of model”.

5.1Fasteners

All fasteners, including hook and pile, non-directional snaps, webbing, side release buckles, fastex buckles, and zippers, shall be high quality and of a color similar to the carrier.

5.2Unacceptable Materials

According to the National Institute of Justice’s (NIJ) Report to the Attorney General on Body Armor Safety Initiative Testing and Activities dated August 24, 2005, “Ballistic resistant material, including Zylon®, can degrade, thus reducing the ballistic resistant safety margin that manufactures build into their armor designs.” Therefore, body armor made with Zylon or any other material placed on an “NIJ Advisory Notice” is unacceptable to the State.