IFB # 3502
FIREARMS for Law Enforcement
(BRAND NAMES ONLY)
Due Date: April 23, 2020, at 1:00pm (ET) Open Date: April 24, 2020, at 10:00am (ET)
I. PURPOSE / BACKGROUND
The purpose of this Invitation for Bids (IFB) is to solicit sealed bids to establish a contract with one or more
qualified suppliers (authorized dealers), to provide firearms (brand names only) to all Commonwealth
of Virginia (COV) law enforcement agencies, authorities, institutions of higher education (campus
security), and local law enforcement branches (to include sheriffs) as authorized and defined in the Code
of Virginia §2.2-4301 and according to the terms, conditions and specifications provided. NO THIRD
PARTY DEALERS, SELLERS, OR DISTRIBUTORS WILL BE ALLOWED OR ACCEPTED. Firearms
are defined as handguns, pistols, patrol rifles, sniper rifles, and shotguns.
Virginia’s geography has an important role in determining special law enforcement needs for different
areas of the Commonwealth along with the varying sizes of local police departments as pockets of
densely populated urban areas leave large areas with a more rural area to patrol. Western Virginia
deals with two mountain ranges, the Appalachian and the Blue Ridge with the Valley area in between
which is generally not as densely populated as other areas requiring an overall more rural method of
patrol. Central Virginia includes Charlottesville with the University of Virginia and Richmond with
Virginia Commonwealth University causing wide fluctuations in those areas during the year due to the
influx and departure of students. This, in turn, leads to fluctuating patrolling needs for law enforcement
from mostly rural to more densely populated urban patrolling. The Eastern portion of the
Commonwealth deals with waterways and again, fluctuating methods of patrolling due to University’s,
tourists and the U. S. Navy in Norfolk and Hampton Roads. It also includes the more isolated Eastern
Shore area. The last area is Northern Virginia, more densely populated year round but with cyclical
population swings caused by the proximity to Washington D.C. requiring a blend of rural, urban and a
completely different demeanor of patrolling; one of the most challenging areas in the Commonwealth.
Consequently, the size of the departments vary greatly from very small to large together with
corresponding budgets to meet these various needs, populations and patrolling methods.
COV Government is divided into three (3) main branches - executive, legislative, and judiciary. Within
those branches, there is over 100 plus state agencies and offices, each with their own area of
responsibility and ready to serve the residents of the COV. Those state agencies and offices fall
under one (1) of twelve secretariats. The secretariats are referred to as the Governor’s Cabinet. The
Public Safety secretariat enforces criminal, highway safety, and alcoholic beverage laws; protects the
public through confinement, treatment, and re-entry preparation; trains firefighters and other first
responders as well as members of the Army and Air National Guard; and plans and coordinates the
state's homeland security and emergency preparedness, response, recovery, and mitigation efforts.
Agencies that fall under the Public Safety and Homeland Security secretariat are including, but not limited
Commonwealths Attorneys’ Services Council;
Department of Alcoholic Beverage Control;
Department of Corrections;
Department of Criminal Justice Services;
Department of Emergency Management;
Department of Fire Programs;
Department of Forensic Science;
Department of Juvenile Justice;
Department of Military Affairs;
Department of State Police; and
Virginia Parole Board.
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The COV is the 12th most populous state in the nation and home to approximately eight (8) million
residents. Virginia has approximately 42,700 square miles, ranking it the 35th largest state. Virginia
political subdivisions are organized into 95 counties and 38 independent cities. With no current state
contract in place for this commodity it is not possible to estimate the order volume or amount spent by
state and local government. With 95 counties, 38 independent cities and numerous university and
state agencies having law enforcement responsibilities, the potential customer base for any
manufacturer or manufacturer’s authorized designee receiving an award as a result of this IFB is
significant. This will be a new contract; therefore, no sales data is available.
Any contract that may result from this solicitation will be a mandatory-use term contract for use by
COV executive branch agencies and optional-use for other public bodies and authorized users.
Any Contract that may result from this solicitation will be established and managed by the COV,
Department of General Services (DGS), Division of Purchases and Supplies (DPS).
All authorized users shall place orders through eVA for any contract that may result from this
II. PERIOD OF CONTRACT
The initial period of the contract will be for one (1) year (from time of award) with five (5) one-year
optional renewal periods.
III. SCOPE OF WORK
The Contractor shall furnish and deliver the following described item(s):
• The use of brand names in this IFB is meant to be restrictive as to brand name or
manufacturer. It is intended to provide Contract structure inclusive of the specific
manufacturer brands of the firearms that are most commonly used by law enforcement
authorities throughout the COV.
• The categories of firearms include handguns, pistols, shotguns, and rifles.
• Quantities of instruments per order shall be as specified by each ordering law
• There shall be no deviation from the specific approved items (Manufacturer’s) listed on
the pricing schedule.
• Where a law enforcement agency has a policy to use their replaceable firearms as
trade-in items to reduce the purchase pricing of new firearms, the terms and trade-in
agreements shall be permitted, and negotiated on an individual basis with the firearms
dealer of choice by the purchasing agency, authority, institution of higher education, or
other public body. Price discounts for trade-in of used firearms shall be taken as
reductions from the pricing contained in the State Contract documents arising from this
solicitation if an entity chooses to take the trade-in option with the awarded vendor.
(See SPECIAL TERMS AND CONDITION W. TRADE-IN OPTION).
• Bidders must be an authorized distributor/dealer of the listed manufacturer and
shall be properly licensed for the sale of weapons to the law enforcement
community in Virginia in accordance with all Federal, State and local laws and
regulations. NO THIRD PARTY DEALERS, SELLERS OR DISTRIBUTORS WILL
BE ALLOWED OR ACCEPTED. (See SPECIAL TERMS AND CONDITION W.
AUTHORIZED DEALER.) YOU MUST PRESENT YOUR LETTER OF
AUTHORIZATION SIGNED BY THE MANUFACTURER WITH YOUR BID
• Trade-in of existing agency replaceable firearms is optional for each law
enforcement agency and shall not have any bearing on the new cost of firearms.
B. NEW EQUIPMENT
Brand name products offered must be new and unused, current production models of the
devices required. No prototype, demonstrator, or rebuilt products will be accepted, and offering
of such products will be cause for rejection.
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• Quantities of instruments per order must be delivered to any receiving location in the
COV. Instruments must be packaged in such a manner as to prevent damage in
shipment, with each unit packaged individually. Each package must contain a complete
listing of all items included on each ordering law enforcement agency’s eVA order.
• Bidders shall provide delivery information for products offered, FOB destination, after
receipt of order (ARO). A typical delivery window should be within 90 calendar
days ARO; however, with large orders this time-period may not be attainable.
Delivery of goods shall be within a reasonable time-period, ARO. This time-period
shall be negotiated by the ordering entity at the time of order placement. Except
when otherwise specified herein, all items shall be F.O.B. delivered any point within the
COV as directed by the ordering department, institution, or public body, as defined in
§2.2-4301 of the Code of Virginia.
• The Contractor and ordering public body shall arrange delivery protocols to ensure
products ordered are received by state or local AUTHORIZED PERSONNEL ONLY.
These protocols shall be established prior to any and all deliveries; this is due to the
potential public safety risks.
BIDDER’S STATED DELIVERY TIME: __________ CALENDAR DAYS ARO
D. CONTRACT CLOSEOUT PROCEDURES
• See SPECIAL TERMS AND CONDITION EE. CONTINUITY OF SERVICES.
IV. OPTIONAL PRE-BID CONFERENCE
An optional pre-bid conference will be held at 10:00 a.m. (ET) Tuesday, February 25, 2020, at the
1111 E. Broad Street, 1st Floor, Patrick Henry Building, Richmond, VA 23219. The purpose of this
conference is to allow potential Bidders an opportunity to present questions and obtain clarification
relative to any facet of this solicitation.
While attendance at this conference will not be a prerequisite to submitting a bid, Bidders who
intend to submit a bid are encouraged to attend. No vendors will be admitted after 10:00 a.m. (ET).
Copies of the solicitation will not be distributed so bring a copy with you. Any changes resulting
from this conference will be issued in a written addendum to the solicitation.
Bidder must allow ample time for parking, walking to the building, and security screening
procedures. All visitors are required to enter the Patrick Henry Building through the Darden Garden
entrance facing the State Capitol (not the Broad Street entrance). When entering the Patrick Henry
Building, visitors will be required to:
Present a valid and current picture ID;
Pass through metal detectors/security wands;
Permit all bags/packages etc., to be searched by Capitol Police or security
Sign in at Security Desk; and
Wait to be escorted to the conference room where the pre-bid conference will be
V. SOLICITATION CLARIFICATIONS
Questions regarding the solicitation must be submitted in writing only to Tina M. Rodriguez,
Statewide Sourcing & Contracting Officer via e-mail at email@example.com no later
than 1:00 pm (ET) on March 10, 2020. Bidder should identify the email by noting the solicitation
number “[IFB # 3502]” in the subject line. Responses to clarifications may be posted in eVA’s
Virginia Business Opportunities (VBO). The identity of Bidder’s will not be published with the
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response. Formal changes to the solicitation, including but not limited to, contractual terms and
procurement requirements will only be changed by formal written addendum to the solicitation.
There shall be no communication of any type on any aspect of this solicitation, written or otherwise,
by any prospective Bidder, including any sub-bidder, Bidder’s agent or other type of Bidder
representative, with any employee or agency of the Commonwealth of Virginia, with the exception
of the DPS Contracting Officer noted in the solicitation, unless a Bidder is instructed otherwise by
the DPS Contracting Officer. Failure to comply with this requirement may disqualify a Bidder from
participation in this opportunity.
As used in this IFB, the terms “must”, “shall”, “should” and “may” identify the criticality of
requirements. “Must” and “shall” identify requirements whose absence will have a major negative
impact on the suitability of the bid. Items labeled as “should” or “may” are highly desirable, although
their absence will not have a large impact and would be useful, but are not necessary.
VI. SPECIAL TERMS AND CONDITIONS
A. MANDATORY ACCEPTANCE OF SMALL PURCHASE CHARGE CARD (SPCC)
Purchasing charge cards offer Commonwealth of Virginia agencies and public entities the
opportunity to streamline their procedures for procuring and paying for small dollar goods and/or
services. Bidders responding to this solicitation should note that acceptance of payment by
purchase card is mandatory unless waived by DPS within 90 calendar days of contract
Charge Card Levels: The amount of data passed for each charge card payment depends on the
level at which the charge card is established. Payment for orders issued against the contract(s)
resulting from this solicitation must allow for the Purchase Order Number to be passed at the
time of charge so that the Purchase Order Number is received by the card platform and passed
to the Card provider. The levels are delineated below and vendors must establish their card
account at Level 2, which is mandatory, or Level 3, which is optional. Information on the various
levels for the Purchase Card is indicated below.
Level 1 - vendors provide basic charge card purchase information, including but not limited to
the data listed below. By passing “Basic Data”, the vendor has a standard interchange cost.
• Supplier Name
• Merchant Category Code
• Total Purchase Amount
Level 2 - vendors provide additional information to the Level 1 elements, including but not limited
to the data listed below. By passing Level 2 detail, the vendor will receive lower interchange
costs. Level 2 is mandatory for any vendors who do business with the Commonwealth of
Virginia and accept the Purchasing Card.
• Customer Code (PCO Number from eVA); and
• Vendor Tax ID
Level 3 - vendors provide line item detail, in addition to the Level 1 and Level 2 elements,
including but not limited to the data listed below. By passing Level 3 (optional) data, which is
considered “Superior Data”, the vendor will receive the lowest interchange costs.
• Item Description
• Item Quantity
• Item Unit of Measure
• Product Code
• Freight Amount
• Extended line Item Amount
Authorized Users must order goods and/or services available from the Contract by an eVA
purchase order through the Commonwealth’s electronic procurement website portal
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C. PERIOD FOR PERFORMANCE OF PURCHASE ORDERS
To be valid, a purchase order issued under this Contract must be issued during the term of the
Contract. The period specified for performance of the purchase order may extend past the term
of the Contract. If a notice terminating this Contract is issued, the notice shall be construed as
applying only to the Contract and to any existing purchase order unless the notice expressly
states the intent to terminate the purchase order.
D. AUTHORIZED REPRESENTATIVES
This Contract may be modified in accordance with §2.2-4309 of the Code of Virginia. The
representatives authorized to do so denoted below, or their duly authorized designees may only
make such modifications. No modifications to this contract shall be effective unless in writing and
signed by the duly authorized representative of both parties, delineated below. No term or
provision hereof shall be deemed waived and no breach excused unless such waiver or consent
to breach is in writing.
COMMONWEALTH OF VIRGINIA
Tina M. Rodriguez, CPPB, VCO
Statewide Sourcing & Contract Officer
Division of Purchases and Supply
1111 East Broad Street, 6th Floor
Richmond, VA 23219
E. FINANCIAL WARRANTY
Contractor shall ensure that the prices, discounts, incentives, and other financial terms
(collectively, the “financial deal”) applicable to purchases under this Contract is always at least
as favorable to the purchaser as the financial deal that the Contractor or its affiliates make
available to any public body for the same service(s) outside this Contract. Throughout the term
of this Contract, if Contractor (or any affiliate) makes a better financial deal available to a public
body in Virginia, for any service(s) available under this Contract, Contractor shall immediately
notify DGS of the details and, at DGS’s option, sign an amendment to this Contract, so that an
equivalent financial deal for the affected service(s) is also available as an option under this
Contract. Contractor may request exemption if the better financial deal was for a spot purchase,
and DGS shall grant such request if DGS, in good faith, finds that the spot purchase involved
special circumstances affecting cost that would make it unfair to apply an equivalent financial
deal outside of that spot purchase. Upon DGS’s request (and annually on August 1), Contractor
shall submit to DGS an affidavit certifying full compliance with this Section. Contractor (and any
affiliate) shall waive any contractual or other right that inhibits any public body in Virginia from
disclosing to DGS or others the financial terms made available to the public body and upon
request from DGS, Contractor shall ensure that a signed confirmation of the waiver is provided
to the public body and DGS. As used in this Section, an affiliate is any entity that controls, is
controlled by, or is under common control with, the Contractor.
F. SMALL BUSINESS SUBCONTRACTING AND EVIDENCE OF COMPLIANCE
It is the goal of the Commonwealth that 42% of its purchases be made from small businesses.
This includes discretionary spending in prime contracts and subcontracts. All Bidders are
required to submit a Small Business Subcontracting Plan. Unless the Bidder is registered as a
DSBSD-certified small business and where it is not practicable for any portion of the awarded
contract to be subcontracted to other suppliers, the contractor is encouraged to offer such
subcontracting opportunities to DSBSD-certified small businesses. This shall include DSBSD-
certified women-owned and minority-owned businesses when they have received DSBSD small
business certification. No Bidder or subcontractor shall be considered a small business unless
certified as such by the Department of Small Business and Supplier Diversity (DSBSD) by the
due date for receipt of bids or proposals. If small business subcontractors are used, the prime
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