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HomeMy WebLinkAboutResolution - 2005-R0483 - Letter Of Award - Galls - Police Body Armor - 10/13/2005Resolution No. 2005-RO483 October 13, 2005 Item No. 4.35 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for police body armor -p annual pricing per ITB #05 -111 -BM, by and between the City of Lubbock and Galls of Lexington, Kentucky, and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 13th day of October 1 , 2005. C IOUGAL, MAYOR ATTEST: 1 Reb ca Garza, City Secretary APPROVED AS TO CONTENT: Chief Dale Holton, Police Department APPROVED AS TO FORM: i ohn Knight, sistan City Attorney as/cdocs/Ltr of Award -Galls September 30, 2005 Resolution No. 2005-RO483 Office of Purchasing P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2167 • Fax (806) 775-2164 October 13, 2005 Erik Harris Account Manager Galls 2680 Palumbo Drive Lexington, KY 40509 RE: ITB #05-111-BM -POLICE BODY ARMOR -ANNUAL PRICING CONTRACT #6235 Dear Mr. Harris: Galls has been awarded the items noted below for Police Body Armor - Annual Pricing based on your response to the City of Lubbock Invitation to ITB #05-111-BM. Purchase Orders will be issued by the City of Lubbock and cover the category of items shown below, and no other, during the period beginning October 13, 2005 and ending October 12, 2006. The purchase order number must be on the invoices sent to the City of Lubbock for payment. The City of Lubbock shall not be responsible for payment of any invoices except those orders placed pursuant to this agreement. 2. Category of Items: A. 64 EA - Police Body Armor Ballistic -Level II @ $442.49/each 3. Galls's bid dated September 15, 2005, is incorporated into and made a part of this agreement. 4. Prices: As quoted. 5. All invoices shall be directed to: City of Lubbock Accounts Payable PO Box 2000 Lubbock, Texas 79457 6. The City of Lubbock reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City of Lubbock in the event of breach or default of this agreement. The City of Lubbock reserves the right to terminate this agreement with a thirty (30) day written notice in the event Galls fails to perform in accordance with their proposal dated September 15, 2005. ATTEST: Reb6cca Garza City Secretary APPROVED AS TO 7'M�' Chief Date Holton Police Department APPROVED AS TO FORM: orney cc: Bid Folder Janci Wilson, Police Patrol ITB # 05-111-BM, Police Body Armor -Annual Pricing) SUBMIT TO: CITY OF LUBBOCK Purchasing &Contract Management �� ft CITY OF LUBBOCK TEXAS � 1625 13d' Street, Rm 204 Lubbock, TX 79401-3830 AN EQUAL INVITATION TO BID CONTACT PERSON: OPPORTUNITY Bruce MacNair EMPLOYER # 05-111-BM TEL: 806.775.2167 FAX: 806.775.2164 http://purchasing.ci.lubbock.tx.us TITLE: SUBMITTAL DEADLINE: Police Body Armor — Annual Pricing September 21, 2005 @ 3:00 P.M. CST PRE BID DATE, TIME AND LOCATION. Any bids received after the time and dare listed above, regardless of the mode of NOT APPLICABLE delivery, shall be returned unopened RESPONDS N E: S LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. MAILING ADDRESS: //_ a 1F RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE O1 (P P "STATEMENT OF NO BID". CITY - STATE - ZIP: THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY RESERVES THE RIGHT TO TELEP O O: % + ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE CITY. FAX NO: ?-r$,7 IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING MANAGER IF ANY E-MAIL LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE REQUIREMENTS STATED IN THIS FEDERAL TAX ID NO. OR SOCIAL SECURITY NO. ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE RECEIVED BY THE PURCHASING MANAGER NO LATER THAN FIVE 5 BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA POSTED ON RFPDEPOT.COM The City of Lubhock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the municipality or be interested in the sale to the City of any supplies, equipment, material or articles purchased. Will any officer or employee of the City, or member of their immediate family, benefit from the award of this bid to the above firm?_ YES i�NO IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO BID AND SPECIFICATIONS, AND BEING FAMILIAR WITH THE CONDITIONS TO BE MET, HEREBY SUBMITS THE FOLLOWING BID FOR FURNISHING THE MATERIAL, EQUIPMENT, LABOR AND EVERYTHING NECESSARY FOR PROVIDING THE ITEMS LISTED ON THE ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID FORM. AN INDIVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION. By my signature I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I further agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of action it may now or hereafter acquire under the Ant i-t laws of the United States and the State of Texas for price fixing relating to the particular commodity(s) or service (s) purchased or acquired by the Ci f Lubbock. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final payment to the_yrpAm - Authorized Signature - L Title tR IL AWE 9-1 6 Print/Type Name Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. ITB#05-111-BM.doc ITB # 05-111-BM, Police Body Armor— Annual Pricing] BID FORM Police Body Armor — Annual Pricing CITY OF LUBBOCK, TEXAS ITB # 05-111-BM In compliance with the Invitation to Bid # 05-111-BM, the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for the prices set forth on this form. The Invitation to Bid # 05-111-BM is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. Approximate UNIT of UNIT Extended Delivery ITEM Annual MEASURE DESCRIPTION PRICE* BID Cost Days QTY ARO* * 1. 64 EA Police Body Armor Ballistic - Level II $ AY92 L pa $ 319t asspec ified herein *PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed **Days After Receipt of Order (ARO) PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of A-%, net _ calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? Other governmental entities that might have interests in this contract are Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth. YES V NO • If you (the bidder) checked YES, the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/service as needed. THIS BID IS SUBMITTED BY G! (j c a corporation organized under the laws of the State of je(c% 41 c, t , or a partnership consisting of or an individual trading as of the City of ITB#05-111-BM.doc Firm: Address: City: M/WBE Woman Firm: By Hispanic American Black American Asian Pacific American Authorized Representative - must sign by hand Officer Name and Please Print ITB # 05-111-BM, Police Body Armor— Annual Pricing] Business Telephone Number F FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Native American Other (Specify) Date of Award by City Council (for bids over $25, 000): Date P.O./Contract Issued: LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. ITB#05-11 1 -BM.doc 3 ITB # 05-111-BM, Police Body Armor — Annual Pricing] Police Body Armor — Annual Pricing CITY OF LUBBOCK, TEXAS ITB # 05-111-BM THE CITY OF LUBBOCK APPRECIATES YOUR TIME AND EFFORT IN PREPARING YOUR BID. ALL BIDDERS SHOULD FAMILIARIZE THEMSELVES WITH THE FOLLOWING INSTRUCTIONS TO BIDDERS, GENERAL CONDITIONS, AND ATTACHED SPECIFICATIONS. I. INSTRUCTIONS TO BIDDERS BID DELIVERY, TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Police Body Armor — Annual Pricing per the attached specifications. Sealed bids will be received no later than 3:00 p.m. CST, September 21, 2005, if date/time stamped on or before 3:00 P.M. at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. EACH BID AND SUPPORTING DOCUMENTATION MUST BE IN A SEALED ENVELOPE OR CONTAINER PLAINLY LABELED IN THE LOWER LEFT-HAND CORNER: "ITB # 05- 111-BM, Police Body Armor — Annual Pricing" AND THE BID OPENING DATE AND TIME. BIDDERS MUST ALSO INCLUDE THEIR COMPANY NAME AND ADDRESS ON THE OUTSIDE OF THE ENVELOPE OR CONTAINER. Bids must be addressed to: Victor Kilman, Purchasing & Contract Manager City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. The City of Lubbock assumes no responsibility for errant delivery of bids, including those relegated to a courier agent who fails to deliver in accordance with the time and receiving point specified. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. The Bid Form must be completed in blue or black ink or by typewriter. 1.4 Bids may be withdrawn prior to the above scheduled time set for closing of the bids. Bids CANNOT be withdrawn, altered or amended after bid closing. Alteration made before bid closing must be initiated by bidder guaranteeing authenticity. 1.5 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. PRE -BID MEETING -- NOT APPLICABLE CLARIFICATION OF REQUIREMENTS 3.1 It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It is the bidder's responsibility to advise the City of Lubbock Purchasing Manager if any language requirements etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid closing date. A review of such notifications will be made. 3.2 ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: ITB#05-1 11 -BM.doc ITB # 05-111-BM, Police Body Armor— Annual Pricing] Bruce MacNair, Senior Buyer: BMacnair@mylubbock.us City of Lubbock 1625 131h Street Lubbock, Texas 79401 Fax: (806)775-2164 RFPDepot: http://www.RFPdepot.com ADDENDA & MODIFICATIONS 4.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at http://www.RFPdepot.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 4.2 Any offeror in doubt as to the true meaning of any part of the ITB or other documents may request an interpretation thereof from the Purchasing Department. At the request of the offeror, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addenda issued by the Purchasing Department. Such addenda issued by the Purchasing Department will be available over the Internet at http://www.RFPdgpot.com and will become part of the proposal package having the same binding effect as provisions of the original ITB. No verbal explanations or interpretations will be binding. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock. 4.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 4.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. EXAMINATION OF DOCUMENTS AND REQUIREMENTS 5.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements prior to submitting a bid to ensure that the goods and/or services being bid meet the intent of these specifications. 5.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. BID SUBMITTAL 6.1 BIDDERS MUST SUBMIT THE ORIGINAL AND ONE COPY OF THE SEALED BID TO THE PURCHASING DEPARTMENT PRIOR TO RESPONSE DUE DATE/TIME. FAILURE TO SUBMIT THE ADDITIONAL COPY MAY RESULT IN THE BID BEING DECLARED UNRESPONSIVE TO SPECIFICATION AND MAY NOT BE FURTHER EVALUATED. The original must be clearly marked °ORIGINAL" and the copy must be clearly marked "COPY". 6.2 Bids must be submitted on the Bid Form and the Bidder must sign and date their bid in the space provided. Identify the item bid, including brand name and model number, if applicable. Enter unit price, extended cost, and delivery days in the columns provided. In the event of discrepancies in extension, the unit price shall govern. THE BID FORM MUST BE COMPLETED IN BLUE OR BLACK INK OR BY TYPEWRITER. 6.3 The City is exempt from Federal Excise, State Sales and Transportation taxes. TAX MUST NOT BE INCLUDED IN BID. Tax exemption certificates will be executed by the Purchasing Manager upon request. 6.4 Any information regarding warranties and/or maintenance agreements pertaining to said bid item(s) are to be included in the bid. ITB#05-111-BM.doc 5 ITB # 05-111-BM, Police Body Armor— Annual Pricing] 6.5 Bids will not be considered unless bid F.O.B. delivered and include all delivery and packaging costs The number of calendar days required to place the materials in the City's receiving point under normal conditions must be shown on the Bid Form. DO NOT quote shipping dates. Failure to indicate delivery days on the Bid Form will obligate Bidder to complete delivery in two weeks. A minimum of five days better delivery will automatically break a tie bid. Unrealistically short or undue long delivery promises may cause bid to be disregarded. Consistent failure of a bidder to meet delivery promises without a valid reason may cause removal from the bid list. 6.6 Bid prices must be firm for a minimum period of sixty (60) days. Bids subject to price increases will not be considered. 6.7 All bids, responses, inquiries, or correspondence relating to or in reference to this ITB, and all reports, charts, and other documentation submitted by bidders shall become the property of the City of Lubbock when received. 6.8 If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. 6.9 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 7 BID PREPARATION COSTS 7.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay gLny costs incurred in the preparation and submission of a bid. Also, should a bidder bid an alternate, any test costs to prove equality of product will be at the expense of the bidder, not the City of Lubbock. 7.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 7.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 8.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 8.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 8.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. LICENSES, PERMITS, TAXES 9.1 The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 10 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REQUIREMENTS ITB#05-111-BM.doc ITB # 05-111-BM, Police Body Armor —Annual Pricing] 10.1 The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this ITB, Historically Underutilized Businesses (HUB's) will be afforded equal opportunities to submit bids and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award. 10.2 A HUB is defined as a small business concern which is at least 51% owned and controlled by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 5 1 % of the stock of which is owned by one ore more socially and economically disadvantaged individuals. Socially and economically disadvantaged include Women, Black Americans, Hispanic Americans,Native Americans, Asian -Pacific Americans, and Asian -Indian Americans. 11 CONFLICT OF INTEREST 11.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 11.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 12 AUTHORIZATION TO BIND SUBMITTER OF BID 12.1 Bids must show vendor name and address of bidder. Bids must be manually signed by an officer of the company authorized to bind the submitter to its provisions. Person signing bid must show title or AUTHORITY TO BIND THEIR FIRM IN A CONTRACT. Failure to manually sign bid will disqualify it. 12.2 The bid submitted by the bidder shall become an integral part of the contract between the City and the Bidder and the representations, covenants, and conditions therein contained shall be binding upon the person, firm or corporation executing the same. 13 BID AWARD 13.1 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the City of Lubbock. In determining the best value for the City of Lubbock, the City may consider: a) The purchase price; b) The reputation of the of the bidder and of the bidder's goods or services; c) The quality of the bidder's goods or services; d) The extent to which the goods or services meet the City's needs; e) The bidder's past relationship with the City; f) The impact on the ability of the City to comply with laws and rules relating to contracting with Historically Underutilized Businesses and non-profit organizations employing persons with disabilities; g) The total long-term cost to the City to acquire goods or services; h) Any relevant criteria specifically listed in the Invitation to Bid; and i) Delivery time is critical and MAY take precedence over Unit Price 13.2 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City may award the bid either item -by -item or on an all -or -none basis for any item or group of items shown on the Bid Form. 13.3 All bids are evaluated for compliance with specifications before the bid price is considered. Failure to comply with the listed General Conditions may result in disqualification of bid. ITB#05-111-BM.doc ITB # 05-111-BM, Police Body Armor— Annual Pricing] 13.4 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding on any commodity could be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 13.5 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 13.6 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 13.7 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 13.8 Responsible Bidder Criteria: The City shall consider only responsible Bidders. Responsible Bidders are those that have, in the sole judgment of the City, the financial ability, experience, resources, skills, capability, reliability and business integrity necessary to perform the requirements of the contract. The City may also consider references and financial stability in determining a responsible Bidder. 14 EQUAL EMPLOYMENT OPPORTUNITY 14.1 Bidder agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way violative of Title VII of 1964 Civil Rights Act and amendments, except as permitted by said laws. 15 SPECIFICATIONS 15.1 Any catalog, brand name or manufacturer's reference in the specifications is descriptive and NOT restrictive, and is used to indicate type and quality level desired. Bids on brands of like nature and quality may be considered unless specifically excluded. 15.2 If bidding on other than reference or specifications, bid must show manufacturer, brand, trade name, catalog and/or lot number, etc., on article offered and certify article offered is equivalent to specifications. If other than specified brand of items are offered, specifications, catalog sheets, illustrations and complete descriptive literature must be submitted with bid. 15.3 Minor deviations from written specifications shall not necessarily disqualify a vendor's bid. The City of Lubbock specification committee will be the sole determiner of what constitutes a minor deviation. 15.4 The City may deem it necessary to specify Approved Brands after conclusive testing, prior to usage or standardization. The City may test any sample(s), supplied free of charge, to qualify for the Approved Brand list. Each sample must be marked with bidder's name and address. At bidder's request and expense, the sample(s) not destroyed or used in examinations and testing will be returned. 15.5 When specifications call for samples to be submitted, samples shall be delivered by the bidder, at bidder's expense, five days prior to the opening of bids. Each sample shall be clearly tagged to show bidder's name and address and item number. 15.6 The City of Lubbock reserves the right to determine which specific items on any specification requirements require strict adherence, or are most important, and those that are not, or requiring a lesser degree of importance (i.e., the shade of paint is far less important than the horsepower of a motor). Such determination can and will be a basis for evaluating, recommending and making award. The City will, at its sole discretion, assess warranty offered, and utilize life -cycle costing and/or performance factors as the evaluation method and basis for award. The low bid most closely meeting specifications is usually the bid given the award, although delivery time is sometimes a necessary factor (i.e., a low bid that best meets specifications will not do us much good if delivery is two years from now). Should a requested specification sheet not be submitted with a bid, this is considered non -responsive and therefore may not be considered. PLEASE READ AND RESPOND TO SPECIFICATION REQUIREMENTS CAREFULLY. ITB#05-111-BM.doc ITB # 05-111-BM, Police Body Armor— Annual Pricing] 16 CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS 16.1 Pursuant to Texas Local Government Code 271.905(b), in purchasing real property or personal property that is not affixed to real property, if the City receives one or more bids from a bidder whose principal place of business is in the City of Lubbock and whose bid is within three percent (3%) of the lowest bid price received by the City from a bidder who is not a resident of the City of Lubbock, the City may enter into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the City of Lubbock if the City Council determines, in writing, that the local bidder offers the City the best combination of contract price and additional economic development opportunities for the City of Lubbock created by the contract award, including the employment of residents of the City of Lubbock and increased tax revenues to the City of Lubbock. 16.2 In order to receive consideration, bidders must submit an Affidavit of Eligibility. 17 QUALIFICATIONS OF BIDDERS 17.1 The Bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that the Bidder or his Subcontractor has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The Bidder may also be required to give a past history and references in order to satisfy the City of Lubbock in regard to the Bidder's or his Subcontractor's qualifications. 17.2 The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the Bidder or his Subcontractor to perform the work, and the Bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the Bidder fails to satisfy the City of Lubbock that the Bidder or his Subcontractor is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the Bidder's or his Subcontractor's qualifications shall include: a) The ability, capacity, skill, and financial resources to perform the work or provide the service required; b) The ability of the Bidder or his Subcontractor to perform the work or provide the service promptly or within the time specified, without delay or interference; c) The character, integrity, reputation, judgment, experience, and efficiency of the Bidder or his Subcontractor; d) The quality of performance of previous contracts or services. 18 ANTI -LOBBYING PROVISION 18.1 DURING THE PERIOD BETWEEN BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 18.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. ITB#05-111-BM.doc ITB # 05-111-BM, Police Body Armor — Annual Pricing] 19 UTILIZATION OF LOCAL BUSINESS RESOURCES 19.1 The City desires, as much as practicable, to stimulate growth in all sectors of the local business community. Bidders are strongly encouraged to explore and implement methods for the utilization of local resources. 20 PROTEST 20.1 All protests regarding the bid solicitation process must be submitted in writing to the City Purchasing Manager within five (5) business days following the opening of bids. This includes all protests relating to advertising of bid notices, deadlines, bid opening, and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties with the bidding process. This limitation does not include protests relating to staff recommendations as to award of this bid. Protests relating to staff recommendations may be directed to the City Manager. All staff recommendations will be made available for public review prior to consideration by the City Council as allowed by law. 20.2 FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF ANY PROTEST. 21 BIDDING ITEMS WITH RECYCLED CONTENT 21.1 In addressing environmental concerns, the City of Lubbock encourages Bidders to submit bids or alternate bids containing items with recycled content. 21.2 When submitting bids containing items with recycled content, Bidder shall provide documentation adequate for the City to verify the recycled content. The City prefers packaging consisting of materials that are degradable or able to be recycled. 22 CONTRACT TERM AND PRICING 22.1 The contract shall be for a term of one-year, said date of term beginning upon City Council date of formal approval. The City and Contractor may, upon written mutual consent, extend the contract for two additional one-year periods. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most appropriate for the specific contract for the previous 12-months. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 22.2 Listed quantities are estimates only. Actual quantities may vary dependent upon usage/requirement The City of Lubbock is aware of the time and effort you expend in preparing and submitting bids to the City. Please let us know of any bid requirement causing you difficulty in responding to our Invitation to Bid. We want to facilitate your participation so that all responsible vendors can compete for the City's business. Awards should be made approximately two to six weeks after the opening date. If you have any questions, please contact the City of Lubbock Purchasing Manager at (806) 775-2165. ITB#05-111-BM.doc 10 ITB # 05-111-BM, Police Body Armor— Annual Pricing] II. GENERAL CONDITIONS **** PLEASE READ CAREFULLY **** These General Conditions apply to all bids and become a part of the terms and conditions of any bid submitted. The City shall mean the City of Lubbock. IQuantities: The quantities appearing in this Invitation to Bid are approximate only and the City reserves the right to increase, decrease or delete any or all items. If the quantities of materials to be furnished are increased, such increase shall be paid for according to the unit prices established for the item. In making its bid hereunder, the Seller expressly recognizes the rights of the City provided herein, and further recognizes that the Seller shall have no claims against the City for anticipated profits for the quantities called for, diminished or deleted. 2 Product Guarantee: Seller guarantees equipment or product offered will meet or exceed specifications identified in this bid invitation. The Seller shall, upon request, replace any equipment or product proved to be defective and make any and all adjustments necessary without any expense to the City. If at any time, the equipment or product cannot satisfactorily meet the requirements of the specifications, the Seller shall upon written request from the City, promptly remove such equipment or product without any further expense to the City. At the City's request, Seller will provide evidence sufficient to demonstrate such equipment or product meets the foregoing. Invoices: Seller shall submit separate invoices, in duplicate, on each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, shall be attached to the invoice. Mail to Accounts Payable, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. Payment shall not be due unless and until the Seller shall not be in default under the terms of the contract, and until the above instruments are submitted after delivery. CITY MAY MAKE PAYMENTS FOR PURCHASES UNDER THIS CONTRACT USING THE CITY'S MASTERCARD PURCHASING CARD (PCARD). THE SELLER AGREES TO ACCEPT PCARD PAYMENTS WITHOUT ANY ADDITIONS OR SURCHARGES. Delivery Delay When delivery delay can be foreseen, the Seller shall give prior notice to the Purchasing Manager, who shall have the right to extend the delivery date if reasons for delay appear acceptable. The Seller must keep the Purchasing Manager informed at all times of the status of the order. Default in any manner under the contract, including, but not limited to default on promised delivery, without acceptable reasons, or failure to meet specifications hereunder authorizes the Purchasing Manager to purchase goods elsewhere and charge any increase in cost and handling to the defaulting Seller, and/or exercise any and all rights available to it by law, equity and/or under the terms of the contract. Every effort will be made by the Purchasing Office to locate the goods at the same or better price as than originally contracted. No Warranty By The City Against Infringements: As part of the contract for sale, Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to the contract will give rise to the rightful claim of any third person by way of infringement of the like. The City makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall The City be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement or the like. If Seller is of the opinion that an infringement or the like will result, he will notify the City to this effect in writing within two weeks after the signing of the contract. If the City does not receive notice and is subsequently held liable for the infringement or the like, Seller will save The City harmless. If Seller in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the like, the contract shall be null and void. Gratuities: The City may, by written notice to the Seller, cancel the contract or purchase order without liability to Seller if it is determined by the City that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 7 Warran -Price: a. The price to be paid by the City shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current prices on orders by other parties for products of the kind and specification covered by the contract for similar quantities under similar or like conditions and methods of purchase. In the event Seller breaches ITB#05-111-BM.doc 11 ITB # 05-111-BM, Police Body Armor —Annual Pricing] this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by other, or in the alternative. The City may cancel the contract without liability to Seller for breach or Seller's actual expenses. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure the contract upon an agreement or understanding for commission, percentage brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach or violation of this warranty the City shall have the right in addition to any other right or rights to cancel the contract without liability and to deduct from the Contract price, or otherwise recover the full amount of such claimed commission, percentage, brokerage, or contingent fee. 8 Cancellation: The City shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent and/or files bankruptcy or has bankruptcy filed against it. Such right to cancellation is in addition to and not in lieu of any other remedies which the City may have in law, equity or hereunder. 9 Material Safety Data Sheets: Seller shall provide the City of Lubbock with current Material Safety Data Sheets (MSDS) for each chemical defined as hazardous under the Texas Hazard Communication Act (every chemical bearing any manner of warning label on the container) to comply with provisions of the Texas Hazard Communication Act, Title 6, Subchapter D, Chapter 502, Texas Health and Safety Code Ann. (This Act is corollary to OSHA Standard 29 CRF 1910.1200, which is generally known as the Right to Know Law.) 10 Termination: The contract or purchase order may be terminated in whole, or in part by the City. Termination hereunder shall be effected by the delivery to the Seller of a "Notice of Termination" specifying the extent to which the contract or purchase order is terminated and the date upon which such termination becomes effective. In the event of said termination, in whole or in part, provided that Seller shall not be in default under the Contract, the Seller shall be entitled to payment only for goods actually delivered, and/or services actually performed under and in compliance with the terms of the contract or purchase order. 11 Force Majeure: Neither party shall be held responsible for losses or damages hereunder, if the fulfillment of any terms of provisions of the contract is delayed or prevented by strike, walkouts, acts of God, or public enemy, fire, or flood. 12 Assignment -Delegation: No right or interest in the contract shall be assigned or delegation of any obligation made by Seller without the written permission of the City. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 13 Waiver: No claim or right arising out of a breach of the contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 14 Interpretation -Parole Evidence: This writing, plus any specifications for bids and performance provided by the City in its advertisement for bids and any other document provided by Seller as part of his bid, is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. Whenever a term defined by the Uniform Commercial Code is used in the contract, the definition contained in the Code is to control. 15 Applicable Law: The Contract shall be governed by the Uniform Commercial Code. Wherever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of the contract. 16 Right To Assurance: Whenever one party to the contract in good faith has reason to question the other party's intent to perform he may demand that the other party give written assurance of this intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 17 Indemnification: Seller shall indemnify, defend, keep and save harmless the City, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise arise or accrue against the City in consequence of the granting of the contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the subcontractor or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith, and, if any judgment shall be rendered against the City in any such ITB#05-111-BM.doc 12 ITB # 05-111-BM, Police Body Armor— Annual Pricing] action, the Seller shall, at its own expenses, satisfy discharge the same. Seller expressly understands and agrees that any bond required by the contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City as herein provided. 18 Nonappropriation: All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 19 Time: It is hereby expressly agreed and understood that time is of the essence for the performance of the contract, and failure by Seller to meet the time specifications of the contract will cause Seller to be in default of the contract. 20 Silence of Specification: The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial products and practices are to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the specifications in this bid shall be made on the basis of this statement. The items furnished under this contract shall be new, unused, of the latest product in production to commercial trade, and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these shall be experienced in design and construction of such items and shall be an established supplier of the item bid. 21 Environmental Stewardship The City of Lubbock is fully committed to environmental excellence. It is the policy of the City to demonstrate sound environmental performance by controlling and mitigating the environmental impact of City activities, operations, and services. This commitment extends to the procurement and contracting process. Contractors and suppliers selected to provide services and materials to the City are required to uphold an equally high standard. To that end all contractors and suppliers hired by the City agree to maintain full compliance with any and all applicable environmental regulations. In addition, contractors and suppliers agree to implement whatever processes and procedures necessary to reduce and eliminate pollution and wastes and conserve natural resources while under contract with the City. To the greatest extent possible, while still delivering the highest quality service or material, City contractors and suppliers, as well as any sub -contractors under their supervision, will: • minimize waste and pollution generation; • conserve natural resources and energy; • minimize the use of hazardous materials by choosing the least toxic - yet effective - materials and products; • use the highest available post -consumer content materials and products; • recycle and/or reuse as much as is possible, waste materials; and • incorporate into project design energy efficient fixtures, appliances and mechanical equipment. ITB#05.111-BM.doc 13 ITB # 05-111-BM, Police Body Armor —Annual Pricing] CITY OF LUBBOCK, TEXAS STATEMENT OF NO BID The City of Lubbock is very conscious and extremely appreciative of the time and effort you expend in preparing and submitting bids to the city. If you do not intend to bid on this requirement, please complete and return this form prior to date shown for receipt of bid to: Victor Kilman, Purchasing & Contract Manager, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. We, the undersigned, have declined to bid on your ITB # 05-111-BM for the following reason(s): Specifications too "tight", i.e. geared toward one brand or manufacturer only. (Please explain reason below) Specifications unclear. (Please explain below) Insufficient time to respond to Invitation to Bid. We do not offer this product/s or equivalent. (If you wish to remain on bidders list for other commodities and/or services, please state particular product and/or service under which you wish to be classified.) Our product schedule would not permit us to perform. Unable to meet specifications. Job too large. Job too small. Cannot provide required bonding. Cannot provide required insurance. Bidding through dealer. Do not wish to do business with the City of Lubbock. (Please explain below) Other (Please sped below) REMARKS: Company City: State: Contact Name: Title: Business Telephone Number FAX: Internet Address: Company's Internet Web Page URL: ITB#05-111-BM.doc 14 ITB # 05-111-BM, Police Body Armor — Annual Pricing] SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A -I 10) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY Signature of Company Official Date Signed: 9-1 S-'o Printed name of company official signing above: a (I 4(0d12 t s ITB#05.111-BM.doc 15 ITB # 05-111-BM, Police Body Armor— Annual Pricing] City of Lubbock Consideration of Location of Bidder's Principal Place of Business Affidavit of Eligibility Pursuant to Texas Local Government Code 271.905(b), in purchasing real property or personal property that is not affixed to real property, if the City receives one or more bids from a bidder whose principal place of business is in the City of Lubbock and whose bid is within five percent (51/o) of the lowest bid price received by the City from a bidder who is not a resident of the City of Lubbock, the City may enter into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the City of Lubbock if the City Council determines, in writing, that the local bidder offers the City the best combination of contract price and additional economic development opportunities for the City of Lubbock created by the contract award, including the employment of residents of the City of Lubbock and increased tax revenues to the City of Lubbock. In order to receive consideration, bidders must submit this affidavit to: Victor Kilman, Purchasing & Contract Manager City of Lubbock 1625 13'h Street Lubbock, TX 79401 Complete all areas below. Incomplete affidavits may be rejected. Local Business Name: Local Address (must be within the City limits): 1. Is the above address the principal place of business for the business named above? 2. How many residents of the City of Lubbock are employed at the above business location?, 3. Year your business was established in the City of Lubbock: 4. For transactions that require sales tax, provide the following Reseller information: Reseller Permit Number: Company Name and Address (as it appears on permit): 5. Does your business have more than one office in the State of Texas? Yes No If Yes, identify the office location considered as the point -of sale for the purpose of sales tax calculation: 6. Was the local business required to pay business and/or real property tax for the most recent tax year? Yes No If Yes, did the local business pay any of this tax to the City of Lubbock? Yes No Under penalty of perjury, the undersigned states that the foregoing statements are true and correct. It is further acknowledged that any person, firm, corporation or entity intentionally submitting false information to the City in an attempt to qualify for eligibility shall be prohibited from bidding on City of Lubbock products and services for a period of one (1) year. Authorized Signature: Printed Name and Title: ITB#05-111-BM.doc 16 Date: Police Body Armor Annual Pricing Specs SPECIFICATIONS FOR BODY ARMOR BALLISTICS - LEVEL II 1.0 BALLISTIC MATERIALS AND PANEL CONSTRUCTION All Ballistic Material and Ballistic panel construction shall be as specified herein: 1.1 BALLISTIC MATERIAL 1.1.1 GOLD FLEX Each ballistic panel shall contain Sixteen (16) layers of Gold Flex, premium grade unidirectional 0/90/0/90 ballistic fabric with a nominal weight of 6.9 oz.per.sq.yd. 1.1.2 SpectraFlex Each ballistic panel shall contain four (4) layers of Allied Signal SpectraFlex 0/90, single ply laminated construction with a nominal weight of 4.47 oz.per.sq.yd. 1.2 PANEL CONSTRUCTION 1.2.1 BALLISTIC PANELS Each of the front and back panel inserts shall consist of sixteen (16) layers of ballistic Gold Flex four (4) layers of SpectraFlex, for a total of 20 suitably contoured and sized ballistic layers. The orientation ballistic materials shall be symmetrical in construction. 1.2.2 The Twenty (20) layers as specified shall have a nominal weight of .88 lbs. in a 12x12 (one sq. ft.) section taking into account the ballistic material manufacturer's weight tolerances of +/-5%. 1.3 BALLISTIC REQUIREMENTS The twenty (20) ballistic layers described herein, must provide level II protection as per NIJ STD 0101.04 1.4 BALLISTIC CERTIFICATION Failure to submit any of the following certification with bid shall be cause for rejection. 1.5 NIJ COMPLIANCE 1.5.1 All vests shall be certified in accordance with the requirements for the NIJ Standard 0101.04, level II for twenty (20) layers as specified herein for both wet and dry conditions. 1.5.2 The twenty (20) layers vest must be approved by the NIJ National Law Enforcement and Corrections Technology Center. Police Body Armor Annual Pricing Specs 1.5.3 NIJ 0101.04 compliance letter, for Level II , must be submitted with bid. 1.6 Lot Testinq In addition to the NIJ certification, the vendor must show a history of lot testing on raw materials by submitting five (5) material lot test reports for each of the ballistic materials. 1.6.1 The material lot tests shall be a V-50 test per MIL-STD-662F, with modifications as described herein (reference NIJ 0101.04). 1.6.2 The test panel for V-50 testing on incoming raw material shall be done utilizing the size specified in Table 1, tacked only in corners. The number of plies in the test panel is shown in Table 1. 1.6.3 Panels shall be shot against a clay armor backing material as described in NIJ Standard 0101.04 within conditions set forth in the standard. 1.6.4 Prior to each hit, the ballistic technician shall ensure that the ballistic panel is flat against the clay. No impacts shall be less than three (3) inches from any edge or two (2) inches from any previous impact. 1.6.5 Ammunition shall be the same as that used for NIJ 0101.04 certification testing. 1.6.6 Minimum Acceptable V-50 and Low Complete (LC) values for ballistic materials are shown in Table 1 TABLE 1 Raw Material Weight Layer 9mm v-50 9mm Panel Ballistics (oz/sq yd) Count Avg. LC. Size Gold Flex 6.9 17 1548 1533 18x18 Spectra Flex 4.4 25 1422 1401 18x18 1.7 Warranty The outershell of the vest shall be warranted to be free from any defects in material or workmanship for twenty four (24) months from date of purchase. The ballistic panels shall be warranted for five (5) years from date of purchase. Copy of manufacturer's warranty and warranty registration card to be enclosed with bid. 1.8 Adjustments and Alterations The vendor must repair or replace all vests that become unserviceable because of manufacturing defects during the warranty period. 2 Police Body Armor Annual Pricing Specs 1.9 Inspection of Body Armor After Delivery 1.9.1 All soft body armor purchased by the department will be subject to visual inspection. 1.9.2 If any ballistic testing is conducted, only a V-50 test per MIL-STD-662F, with modifications as described herein (reference NIJ 0101.04), shall be used to determine Ballistic performance. 1.9.3 At least four (4) vests will be sent to NIJ approved testing facility. The test will be a V-50 test. The contractor and representatives of the department have the right to witness the testing. All parties will agree on a mutual test date. The department will pay for the testing, the expenses of the department witnesses and the vests themselves. 1.9.4 The Probable Ballistic Limit (V-50) tests shall be conducted in accordance with MIL- STD-662F, except as modified herein. Testing shall be conducted on a complete vest. The V-50 shall be calculated on ten (10) fair hits [of which five (5) must be partial penetrations and five (5) must be complete penetrations], with five (5) shots on the front panel and five (5) shots on the back panel in the sequence described in Figure 1. If required, up to twelve (12) shots, six (6) in each panel, may be used to obtain the V-50 value. If the range of mixed results exceeds 125 feet per second or if the V-50 value cannot be determined in twelve (12) shots, the test will be considered invalid. 1.9.5 Panels shall be shot against a clay armor backing material as described in NIJ Standard 0101.04 within conditions set forth in the standard. 1.9.6 Prior to each hit, the ballistic technician shall ensure that the ballistic panel is flat against the clay. No impacts shall be less than three (3) inches from any edge or two inches from any previous impact. Shot sequence must be staggered as per Figure 1. 1.9.7 In order to assure adequate surface area on the test panel for V-50 testing, all armor supplied for the V-50 test must be a male vest, with a size no less than NIJ certification size. 1.9.8 Test panels must be in wearable and suitable condition, free from abuse. 1.9.9 Ammunition shall be the same as that used during the NIJ 0101.04 certification testing for the threat level under test. 2.0.0 The V-50 value or low complete value shall be greater than the allowable NIJ 0101.04 specified velocity for the respective threat level. BACK PANEL FRONT PANEL 1 Q4 S y 7 2 8 6 3 3 V-50 SHOT TEST SEQUENCE SHOT 16 USED ONLY IF REQUIRED FIGURE 11 Police Body Armor Annual Pricing Specs 2.0 Insurance Manufacturer and only the manufacturer shall submit proof of products liability insurance in the amount of $20,000,000.00 (twenty million dollars). This policy must be in force at least one (1) month prior to bid opening. Insurance carriers must be admitted under the State Insurance Rules. Submission of self-insurance shall be unacceptable. Certificate of insurance naming user agency must be submitted with bid. 3.0 Quality Assurance Vendor shall submit a quality assurance program to include the receipt, testing and serialization of both ballistic fabric and ballistic packages. Failure to submit detailed quality control procedures shall be cause for rejection. 4.0 Facilities Inspection The purchaser reserves the right to visit the manufacturer's facilities at the agency's expense. 5.0 Proof of Stabilitv In order to be awarded the contract, the apparently successful manufacturer must disclose all legal claims, current and pending, which have been made against the contractor. Failure to disclose the nature of the claims, along with the name(s) of the agencies involved in the suits, shall be cause for rejection of vendor. 6.0 CARRIERS AND SOFT TRAUMA PLATE: One carrier per vest and one soft trauma plate will be provided with each vest. 6.1.1 REMOVABLE CARRIER VEST OUTER CARRIER MATERIAL (black) The outer carrier shall be removable from the ballistic panels for laundering and shall consist of Body SensorTM comfort mesh on the body side and black Super -Suede Micro - Fiber polyester fabric on the exterior. The body side shall be manufactured from 100% Body SensorT`4 comfort mesh. No substitutes accepted. The percent of moisture regain must be less than 1 % into fiber and must have high moisture transport properties. Fabric must be capable of releasing moisture without absorption, allowing for higher evaporative cooling and faster drying taking place, resulting in a less clammy feel to wearer. Moisture transmitted must not inhibit breath ability. The carrier shall be manufactured from a dimensionally stable first quality material with less than 5% shrinkage. The outer side of the carrier shall be manufactured from first quality 100% 150-denier polyester micro -fiber with a minimum pick count of 100 X 78 and a nominal weight of .63 oz. per square foot. In addition, the micro -fabric shall have an air permeability rate of no less than 12.8 cfm. All fabrics shall have no visible fabric or color flaws. 6.1.2 REMOVABLE TACTICAL CARRIER TACTICAL OUTER CARRIER (black) This carrier is designed to be worn externally to other clothing to hold ballistic front/back panels and shall not only provide a means of wearing armor but also provide load -carrying capabilities. The exterior of the garment shall provide removable identity both front and Police Body Armor Annual Pricing Specs rear. Identity shall be at least three (3) inches high and read "POLICE" in white lettering. The front of the carrier shall provide five pockets to carry equipment such as, but not limited to, the following: mini -flashlights, side arm magazines, handcuffs, long arm magazines, communications equipment and general utility items. Two web straps, one on each shoulder, shall provide a location to attach communications equipment or badges. The interior shall provide a means to hold the ballistic panels within the carrier. A cummerbund shall be adjustable and close at the front. Side closure shall be accomplished with a combination elastic and velcro system. 6.1.3 SOFT TRAUMA PLATE WOVEN ARAMID INSERT: The insert consists of a 5x8 panel of thirty (30) plies of soft woven Aramid material. The insert will have a thickness of .222" inch. This woven Trauma plate help reduce the trauma or prevent the effects of trauma in the protected area. Covered in a water resistant nylon cover. 7.0 SIZING 7.1.1 Body Armor must be sized according to the personal measurements of each individual officer according to the manufacturer's sizing chart. 7.1.2 Panels must offer front, back and side protection. Panels must be sized according to the personal measurements of each individual officer according to the manufacturer's sizing chart. 8.0 DELIVERY Must be able to provide delivery of product to the City of Lubbock Police Department, no later than 4-6 weeks after receipt of order. Bids must provide the following: 9.1.1 Full product description 9.1.2 Complete bid sample 9.1.3 Drawings and/or photographs 9.1.4 Technical specifications 9.1.5 A list of at least five (5) law enforcement agencies currently using that model. 10.0 PRICING Must provide pricing quote for the following: 1. Body Armor as a unit to include: vest front/back panels, black vest carrier, and soft trauma plate. 2. Body Armor black vest carrier specific to body armor presented. 3. Black Tactical vest carrier that is specific to the body armor presented. To include: front and back "POLICE" lettering ID (i.e. velcro decal/patch). 11.0 ADDITIONAL PAYMENT METHOD 5 Police Body Armor Annual Pricing Specs Must have the capability of accepting the City of Lubbock's purchasing credit card as an additional method of payment. Lubbock Police Body Armor References 1. Brownsville Police Dept Eddie Garcia- 956-548-7130 600 E Jackson Brownsville, TX 78520 2. Webb County Sheriff Tony Winterroth- 956-523-4519 902 Victoria Laredo, TX 78040 3. Ector County Sheriff Debbie Waters- 432-335-3552 2500 Hwy 385 S Odessa, TX 79768 4. Laredo ISD David Molina- 956-795-3417 1719 Washington Laredo, TX 78040 5. United ISD Claudia Perez- 956-764-6364 103 Del Mar Laredo, TX 78041 This is also the vest currently being purchased by the Lubbock Police Department. II. PURCHASE SPECIFICATION FOR BODY ARMOR BALLISTICS - LEVEL II GG2 1.0 Ballistic Materials and panel construction All Ballistic Material and Ballistic panel construction shall be as specified herein: 1.1 BALLISTIC MATERIAL 1.1.1 GOLD FLEX Each ballistic panel shall contain Sixteen (16) layers of Gold Flex, premium grade unidirectional 0/90/0/90 ballistic fabric with a nominal weight of 6.9 oz.per.sq.yd. 1.1.2 SpectraFlex Each ballistic panel shall Allied Signal SpectraFlex construction with a nominal oz.per.sq.yd. 1.2 PANEL CONSTRUCTION 1.2.1 BALLISTIC PANELS contain four (4) layers of 0/90, single ply laminated weight of 4.47 Each of the front and back panel inserts shall consist of sixteen (16) layers of ballistic Gold Flex four (4) layers of SpectraFlex, for a total of 20 suitably contoured and sized ballistic layers. The orientation ballistic materials shall be symmetrical in construction. 1.2.2 The Twenty (20) layers as specified shall have a nominal weight of .88 lbs. in a 12x12 (one sq. ft.) section taking into account the ballistic material manufacturer's weight tolerances of +/-5%. 1.3 BALLISTIC REQUIREMENTS The twenty (20) ballistic layers described herein, must provide level II protection as per NIJ STD 0101.04 1.4 BALLISTIC CERTIFICATION -1- REV. NO: DATE: 01-31-03 WK II. 1.5 1.6 PURCHASE SPECIFICATION FOR BODY ARMOR BALLISTICS - LEVEL II GG2 Failure to submit any of the following certification with bid shall be cause for rejection. NIJ COMPLIANCE 1.5.1 All vests shall be certified in accordance with the requirements for the NIJ Standard 0101.04, level II for twenty (20)layers as specified herein for both wet and dry conditions. 1.5.2 The twenty (20) layers vest must be approved by the NIJ National Law Enforcement and Corrections Technology Center. 1.5.3 NIJ 0101.04 compliance letter, for Level II , must be submitted with bid. Lot Testing In addition to the NIJ certification, the vendor must show a history of lot testing on raw materials by submitting five (5) material lot test reports for each of the ballistic materials. 1.6.1 The material lot tests shall be a V-50 test per MIL-STD-662F, with modifications as described herein (reference NIJ 0101.04). 1.6.2 The test panel for V-50 testing on incoming raw material shall be done utilizing the size specified in Table 1, tacked only in corners. The number of plies in the test panel is shown in Table 1. 1.6.3 Panels shall be shot against a clay armor backing material as described in NIJ Standard 0101.04 within conditions set forth in the standard. 1.6.4 Prior to each hit, the ballistic technician shall ensure that the ballistic panel is flat against the clay. No impacts shall be less than three (3) inches from any edge or two (2) inches from any previous impact. 1.6.5 Ammunition shall be the same as that used for NIJ 0101.04 certification testing. - 2 - REV. NO: DATE: 01-31-03 WK II. PURCHASE SPECIFICATION FOR BODY ARMOR BALLISTICS - LEVEL II GG2 1.6.6 Minimum Acceptable V-50 and Low Complete (LC) values for ballistic materials are shown in Table 1 TABLE 1 Raw Material Weight Layer 9mm v-50 9mm Panel Ballistics (oz/scryd) Count Avg. LC. Size Gold Flex 6.9 17 1548 1533 18x18 SpectraFlex 4.4 25 1422 1401 18x18 1.7 Warranty The outershell of the vest shall be warranted to be free from any defects in material or workmanship for twenty four (24) months from date of purchase. The ballistic panels shall be warranted for five (5) years from date of purchase. Copy of manufacturer's warranty and warranty registration card to be enclosed with bid. 1.8 Adjustments and Alterations The vendor must repair or replace all vests that become unserviceable because of manufacturing defects during the warranty period. 1.9 Inspection of Body Armor After Delivery 1.9.1 All soft body armor purchased by the department will be subject to visual inspection. 1.9.2 If any ballistic testing is conducted, only a V-50 test per MIL-STD-662F, with modifications as described herein (reference NIJ 0101.04), shall be used to determine Ballistic performance. 1.9.3 At least four (4) vests will be sent to NIJ approved testing facility. The test will be a V-50 test. The contractor and representatives of the department have the -3- REV. NO: DATE: 01-31-03 WK II. PURCHASE SPECIFICATION FOR BODY ARMOR BALLISTICS - LEVEL II GG2 right to witness the testing. All parties will agree on a mutual test date. The department will pay for the testing, the expenses of the department witnesses and the vests themselves. 1.9.4 The Probable Ballistic Limit (V-50) tests shall be conducted in accordance with MIL-STD-662F, except as modified herein. Testing shall be conducted on a complete vest. The V-50 shall be calculated on ten (10) fair hits [of which five (5)must be partial penetrations and five (5) must be complete penetrations], with five ( 5 ) shots on the front panel and five ( 5 ) shots on the back panel in the sequence described in Figure 1. If required, up to twelve (12) shots, six (6) in each panel, may be used to obtain the V-50 value. If the range of mixed results exceeds 125 feet per second or if the V-50 value cannot be determined in twelve (12) shots, the test will be considered invalid. 1.9.5 Panels shall be shot against a clay armor backing material as described in NIJ Standard 0101.04 within conditions set forth in the standard. 1.9.6 Prior to each hit, the ballistic technician shall ensure that the ballistic panel is flat against the clay. No impacts shall be less than three (3) inches from any edge or two inches from any previous impact. Shot sequence must be staggered as per Figure 1. 1.9.7 In order to assure adequate surface area on the test panel for V-50 testing, all armor supplied for the V-50 test must be a male vest, with a size no less than NIJ certification size. 1.9.8 Test panels must be in wearable and suitable condition, free from abuse. 1.9.9 Ammunition shall be the same as that used during the NIJ 0101.04 certification testing for the threat level under test. 2.0 The V-50 value or low complete value shall be greater than the allowable NIJ 0101.04 specified velocity for the respective threat level. -4- REV. NO: DATE: 01-31-03 WK II. PURCHASE SPECIFICATION FOR BODY ARMOR BALLISTICS - LEVEL II GG2 BACK PANEL FRONT PANEL V-50 SHOT TEST SEQUENCE SNOT #6 USED ONLY IF REQUIRED FIGURE # 1 3.0 Insurance Manufacturer and only the manufacturer shall submit proof of products liability insurance in the amount of $20,000,000.00 (twenty million dollars). This policy must be in force at least one (1) month prior to bid opening. Insurance carriers must be admitted under the State Insurance Rules. Submission of self-insurance shall be unacceptable. Certificate of insurance naming user agency must be submitted with bid. 4.0 Quality Assurance Vendor shall submit a quality assurance program to include the receipt, testing and serialization of both ballistic fabric and ballistic packages. Failure to submit detailed quality control procedures shall be cause for rejection. 5.0 Facilities Inspection The purchaser reserves the right to visit the manufacturer's facilities at the agency's expense. 6.0 Proof of Stabilitv In order to be awarded the contract, the apparently successful manufacturer must disclose all legal claims, current and pending, which have been made against the contractor. Failure to disclose the nature of the claims, along with the name(s) of the agencies involved in the suits, shall be cause for rejection of vendor. -5- REV. NO: DATE: 01-31-03 WK PURCHASE SPECIFICATION FOR 5X8 Trauma Plate Inserts 1.0 Trauma Ballistic Armor Plate 1.1 The 5" X 8" Trauma insert plates are designed Specifically for use in the chest areas. WARNING: DO NOT USE WITHOUT BALLISTIC PANEL. 1.2 Steel Trauma insert The insert consists of a 5x8 steel shield. The thickness of .072" inches. This steel trauma plate may help to reduce or prevent the effects of trauma in the protected areas from ammunition, pointed objects, edged weapons, and the steering column in some automobile accidents. 1.3 Spectra Shield insert The insert consists of a 5x8 thirty (30) plies of unidirectional spectra material. The thickness of .240"inches. This Spectra Trauma plate help reduce the trauma or prevent the effects of trauma in the protected area. Covered in a water resistant nylon cover. 1.4 Woven Aramid insert The insert consists of a 5x8 thirty (30) plies of soft woven Aramid material. The thickness of .222" inch. This woven Trauma plate help reduce the trauma or prevent the effects of trauma in the protected area. Covered in a water resistant nylon cover. 1.5 Soft Trauma Plate Insert consists of a 5x8 package composed of a threat level IIA higher ballistic configuration. The thickness on this trauma plate can vary pending on the threat level. This Trauma plate helps reduce the trauma or prevent the effects of trauma in the protected area. Covered in a water resistant nylon cover. -Z- DATE: 03-04-03 MJ PURCHASE SPECIFICATION FOR 5X8 Trauma Plate Inserts -2- DATE: 03-04-03 MJ Page 2 of 2 "The Authority in Public Safety Equipment and Apparel" www.galls.com 9/16/2005 I. PURCHASE SPECIFICATION FOR BODY ARMOR TACTICAL OUTESHELL- R 20 D 1.0 Scope This purchase description document establishes the design, fabrication, quality assurance, and delivery requirements for the R 20 D Outershell. It describes a lightweight carrier, which will accommodate ballistic panels while providing load carrying capabilities. 2.0 Configuration This carrier is designed to be worn externally to other clothing and shall not only provide a means of wearing armor but also provide load carrying capabilities. The exterior of the garment shall provide removable identity both front and rear. Identity shall be three (3) inches high and read "POLICE" in white lettering. The front of the carrier shall provide five pockets to carry equipment such as, but not limited to, the following: mini - flashlights, side arm magazines, handcuffs, long arm magazines, communications equipment and general utility items. Two web straps, one on each shoulder, shall provide a location to attach communications equipment or badges. The interior shall provide a means to hold the ballistic panels within the carrier. A cummerbund shall be adjustable and close at the front. Side closure shall be accomplished with a combination elastic and velcro system. 2.1 Options - Yellow "POLICE" identity - White "SHERIFF" identity - Yellow "SHERIFF" identity - Nomex Fire Retardant Outershell - Firearms instructor configuration - Emergency Medical Technician (EMT) Configuration -1- REV. NO: BATE: 7/24/2000IC I. PURCHASE SPECIFICATION FOR BODY ARMOR TACTICAL OUTESHELL- R 20 D 3.0 Sizes Measurements shall be taken at locations to be advised by the Department. Standard sizes: 38-40 42-44 46-48 50-52 54-56 Caution: Length of ballistic panel must be specified for proper fit. Failure to do so may result in vest sitting too low in liner resulting in inadequate protection in critical areas. 4.0 Size Identification & Instruction Label Each carrier shall be labeled in accordance with the requirements of NIJ Standard 0101.04. 5.0 Materials 5.1 Fastener Tape, Hook and Pile The hook and pile fastener tapes shall conform to the requirements of the velcro manufacturer, Style H88 and L1000. -2- REV. NO: DATE: 7/24/2000IC I. PURCHASE SPECIFICATION FOR BODY ARMOR TACTICAL OUTESHELL- R 20 D 5.2 Cloth, Nylon The outershell material shall be a 420 denier nylon with a water -repellant urethane coating. Color shall be Navy, Black, Camouflage or O.D. Green as specified. Special colors available upon request. 5.3 Elastic The elastic for the side closure straps shall be approximately eight (8) inches wide and of good commercial quality. -3- REV. NO: DATE: 7/24/2000IC VEST OUTER CARRIER MATERIAL Removable Carrier The outer carrier shall be removable from the ballistic panels for laundering and shall consist of Body SensorTM comfort mesh on the body side and Super -Suede Micro -Fiber polyester fabric on the exterior. The body side shall be manufac- tured from 100% Body SensorTM comfort mesh. No substitutes accepted. The percent of moisture regain must be less than 1 % into fiber and must have high moisture transport properties. Fabric must be capable of releasing moisture without absorption, allowing for higher evaporative cooling and faster drying taking place, resulting in a less clammy feel to wearer. Moisture transmitted must not inhibit breath ability. The carrier shall be manufactured from a dimensionally stable first quality material with less than 5% shrinkage. The outer side of the carrier shall be manufactured from first quality 100% 150-denier polyester micro -fiber with a minimum pick count of 100 X 78 and a nominal weight of .63 oz. per square foot. In addition, the micro -fabric shall have an air permeability rate of no less than 12.8 cfm. All fabrics shall have no visible fabric or color flaws. Ar o 7t "TheAuthorfly Fn Publk 9sliaty Equipment and Apparel Attn: Lubbcok Police Body Armor Bid Erik Harris Galls, Inc., An Armark Corp 1-800-477-7766 ext 2245 1-877-914-2557 fax harris-erik(c)-galls.com www.galls.com Date: 9/29/2005 Customer #: 7041577 Item # Description Quantity Retail Your Price Total with Discount BP292 GALLS GOLD LEVEL II VEST W/MICROFIBER CARRIER 64 $409.99 $300.00 $19,200.00 BP166 GALLS TACTICAL CARRIER 64 $99.99 $72.50 $4,640.00 BP294 GALLS MICROFIBER EXTRA CARRIER 64 $49.99 $40.00 $2,560.00 BP183 SOFT TRAUMA PACK 64 $32.99 $29.99 $1,919.36 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal Shipping & Handling Total 28,319.36 $0.00 $28,319.36 Additional Comments: All pricing good for 30 days from date shown. MA"r-02-2005 iz : 24 PO t F1T ELA Ir 954 630 a3M P. 01 National Law Enforcement and Corrections Technology Center National 2277 Research Boulevard Rockville, Ma 20850 800-248-2742 r a% 301.519-5149 s N T$ A a r T www.ntectc.org r -m A i I askniectcRn'.ectc.org —� May 26, 2004 Ms. Martha Johnson Point Blank Body Armor, Inc. 4031 North East 12'h Terrace Oakland Park, FL 33334 Dear Ms. Johnson: We have completed our evaluation of the armor you submitted for testing in accordance with 1VV Standard-0101.04 and are pleased to inform you that your model H17-5 (type I17), as ,tested, complies with the standard. At your request, or the request of another party interested in compliance of your armor with /V1J Standard-0101.04, NLECTC will provide verification of compliance along with the test results for the above model. Sincerely, n Michael C. DeCha-ne Equipment Testing Technician Lance L. Miller Deputy Director Manager, Testing Services 0,A PAOCAAsa pr THE NATIQNAI INSTITOr OF JUSTICP 1 A,hAjVM kv as!w �VjlF�l> C0trVWAtI0?' 1-4 UgGessbss 42:80 so 0e des 19 May 2004 (HpWLI 930044A) pomt. Blank Body Armor, Inc- 4031 North East 12th Twace Oakland, Florida 33334 Attention', Ms. Nbrft Johnson Gentleman: In accordance with your instructions, H.P. White Laboratory, IDCo cmducted ballistic resistance tuft of we male model of Point Blank Body Armor, Inc. PMW&e armor, identified as Modd HI 7-5, received 14 May 2004. Tesft wbich was autborhzil by the NafioriW Law Eliftcerrimt and Corrections TachnoloSy Cotter (NLECI Q, acmdgm with the provisions of NU-STD-0 101 .04, BALLWICRESLSTANCE TF-ST'NG OF was conducted in used for certification, POLICE BODY ARMOR, datedSVterrib" 2000, Level 2. The results of this tat are to be or non-certificati0% of the armor in cotljtmtim with the U.S. Departmu of Justice cortification Pr0V= for pmowl protective armor in for use- by law enforcement officers. The compliance Test RePOtt (CTP-), I which includes detailed, idlormation and photographs Of the test SOSVICS, has been "Uned to NJ,Lpk.TC. This report reflects the results of testing only, WA should NOT be considered official until NLECTC has completed, their review, and issued their official notification. All data obtained from this tasting were derived from the UMPIts tested, and ShOuld 140T be ' Other items of the ate'preteil as in endorsemeat by H.P. While LabOtatOrY, Ina. Of the continuing quality, or pafWMnce, of any samei or similar, desist. Should you have any questiOAS regarding this matter, or if We WaY be Of any further service, Please do not hesitate to contact us. Very v* yours, H.P. While Laboratory, Inc Duren CBDAC L. nclosures cc: Aspen Systems, Inc. (Alex Sundstrom)