| Agency: | City of North Port |
|---|---|
| State: | Florida |
| Type of Government: | State & Local |
| NAICS Category: |
|
| Posted Date: | Jun 1, 2026 |
| Due Date: | Jun 8, 2026 |
| Original Source: | Please Login to View Page |
| Contact information: | Please Login to View Page |
| Bid Documents: | Please Login to View Page |
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City of North Port, Florida
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City of North Port
FINANCE DEPARTMENT/PURCHASING DIVISION
4970 CITY HALL BLVD
NORTH PORT, FLORIDA 34286
Office: 941.429.7170
Fax: 941.429.7173
Email: purchasing@northportfl.gov
NOTICE OF INTENT TO AWARD A SOLE/SINGLE SOURCE PROCUREMENT
Sole/Single Source No: SS NO. 26-84
Date Posted: JUNE 1, 2026
Written Response Due Date: June 8, 2026
This is not a formal solicitation and there are no submissions required. The proposed contract action is for product or services
for which the City intends to negotiate and award with only one contractor/vendor under the authority of and in accordance
with Florida State Statute 287.057(5)(c). Any responses received as a result of this Notice of Intent shall be considered solely
for the purpose of determining whether to conduct a competitive procurement. Responses will not be considered as
proposals, bids, or quotes.
* DESCRIPTION OF SERVICE/PRODUCT: GLOCK TRAINING KIT
* AMOUNT (This is an acquisition with an estimated value of): $4617.60
* VENDOR: ULTIMATE TRAINING MUNITIONS INC.
Interested firms or individuals may identify their interest and capability to respond to the requirement by submitting in
writing their name, address, point of contact, telephone number, e-mail, and a statement regarding capability to provide the
specified procurement per the attached specifications. Interested firms will be considered only if they respond with clear and
convincing documentation that they are capable of meeting or exceeding the requirements stated herein. All responses
received within seven (7) calendar days after the date of publication of this synopsis will be reviewed by the City. A
determination by the Procurement Manager not to compete this proposed action based on the responses to this notice is
solely within the discretion and approval of the Procurement Manager and City Manager.
All sole/single source purchases exceeding the formal threshold indicated in the policies and procedures manual will require
Commission Approval.
All responses must be in writing and returned to ATTENTION: PURCHASING, City of North Port, 4970 City Hall Boulevard,
Suite 337, North Port, Florida, 34286 or by: Fax 941-429-7173, or by e-mail purchasing@northportfl.gov. Note the number
of the Sole Source Information inquiry on documentation.
Information regarding this Intent may be viewed and downloaded from DemandStar's website at www.demandstar.com.
Links to DemandStar are also available from the City website at www.northportfl.gov .This Notice of Intent is poste
d on the City FTP site at https://northportfl.gov/fileshare . If you have any questions, concerns, or problems accessing this
request using the link, please contact Michael White, Contract Administrator I, at 941.429.7174. Request for additional
information or clarification regarding the specifications must be sent via facsimile to 941.429.7173 or via email to
purchasing@northportfl.gov. No verbal requests will be honored.
SS NO. 26-84
Page 1
| Procurement Request City of North Port |
|---|
| Request Request Type* Capital?(?) PRR-EX(?) * FY* Type code* Sole/Single Source/Standardization No Yes No Yes 2026 Preparer Chelsey Rodgers Pre-Director Approver(s)(?) Name 1 Carol Cooper-Colicchio Department* Division(s) POLICE Commission Meeting?* Commission Override(?) Yes No Yes No Purchase Payment Method* Purchase Type* Purchase SubType* Visa Purchase Purchase Order Single Purchase (current FY) None Change Order Payment Authorization Blanket Purchase (current FY) Amendment Description* Purchase of Glock Training Kit Section 2-407 of the City of North Port Procurement Code provides guidelines for determining if good(s) or service(s) is/are a sole/single source. All Sole/Single source requests will be posted on DemandStar & the City's Purchasing site for seven (7) calendar days. Exemption Explanation(?) * Requested items are a sole source product, manufactured, sold, and distributed exclusively by Ultimate Training Munitions ("UTM") Steps taken to verify these goods and/or services are not available elsewhere(?) * N/A Sole source letter attached and prior Sole Source contract Other vendors that were contacted(?) * N/A Additional Approvals Grant?* Yes No Technology Related?(?) * Yes Renewal No Exemption Reason* Attach documentation from the manufacturer certifying the vendor selected is the only distributor/dealer/contractor for the products or services in question and/or holds the production, unique capability, copyrights, trademark, and/or patent to the item, and check the following applicable statement(s): Patent, copyright or unique design restrictions. (Sole Source) Proprietary rights in technical data and/or product formulations (e.g. cleaning compounds, lubricating oils, paint, etc.), which can only be determined through extensive laboratory analysis and examination. (Sole Source) |
| Name | |
|---|---|
| 1 | Carol Cooper-Colicchio |
Procurement Request
City of North Port
Request
Request Type* Capital?(?) PRR-EX(?) * FY* Type code*
Sole/Single Source/Standardization No Yes No Yes 2026
Preparer
Chelsey Rodgers
Pre-Director Approver(s)(?)
Name
1 Carol Cooper-Colicchio
Department* Division(s)
POLICE
Commission Meeting?* Commission Override(?)
Yes No Yes No
Purchase
Payment Method* Purchase Type* Purchase SubType*
Visa Purchase Purchase Order Single Purchase (current FY) None Change Order
Payment Authorization Blanket Purchase (current FY) Amendment
Description*
Purchase of Glock Training Kit
Section 2-407 of the City of North Port Procurement Code provides guidelines for determining if good(s) or service(s) is/are a sole/single source. All
Sole/Single source requests will be posted on DemandStar & the City's Purchasing site for seven (7) calendar days.
Exemption Explanation(?) *
Requested items are a sole source product, manufactured, sold, and distributed exclusively by Ultimate Training Munitions ("UTM")
Steps taken to verify these goods and/or services are not available elsewhere(?) *
N/A Sole source letter attached and prior Sole Source contract
Other vendors that were contacted(?) *
N/A
Additional Approvals
Grant?*
Yes No
Technology Related?(?) *
Yes Renewal No
Exemption
Reason*
Attach documentation from the manufacturer certifying the vendor selected is the only distributor/dealer/contractor for the products or services in question and/or holds the
production, unique capability, copyrights, trademark, and/or patent to the item, and check the following applicable statement(s):
Patent, copyright or unique design restrictions. (Sole Source)
Proprietary rights in technical data and/or product formulations (e.g. cleaning compounds, lubricating oils, paint, etc.), which can only be determined through
extensive laboratory analysis and examination. (Sole Source)
| Item # | Description* | Unit of Measure | Quantity* | Unit Price* | Subtotal |
|---|---|---|---|---|---|
| 1 | Glock 19/45 Gen 5 MMR MOS Kit P2 | Ea | 6.00 | $753.00 | $4,518.00 |
| Dept* | Account #(?) * | Project # | Amount* | |
|---|---|---|---|---|
| 1 | 001-2100-521.52-00 | $4,617.60 |
Only producer, such as utility supplier or construction material supplier, that will meet the specialized needs of the department or perform the intended function.
(Sole Source)
Direct replacement parts, equipment or supplies that must be compatible with original equipment already installed but available only from the original equipment
manufacturer. Most manufacturers have more than one dealer or distributor for their products. When this is the case, competition between dealers and/or
distributors may be possible, eliminating the "sole or single source" restriction. (Single Source)
When tests and/or demonstrations of equipment, supplies, part, etc. under actual operating conditions reveal superior quality, performance, design or other
characteristics in a brand product(s), which is available from only one source. Testing must be performed as often as practical. (Single Source)
Purchases for a brand product are to be made from one selected supplier, even though there are other suppliers that provide similar products. Options, such as
pricing, availability, servicing, have been vetted and a supplier has been chosen that best meets the City's needs. (Single Source)
Maintenance, repair services or warranty which require specialized test equipment, procedures, and technical expertise available only from the original
equipment manufacturer or authorized/licensed dealer/field service representative. (Single Source)
The part(s)/equipment are required to permit standardization and operating efficiencies within the organization and the parts and equipment are only available
thorough a sole or single source. If competition is available, the parts and equipment must be competed. For brand-specific items, quotes should still be
obtained. (Standardization)
Other: None or some of the above apply. Provide detailed justification below.
Explanation*
Agreement in Place?*
Yes No
Supporting backup*
Click the Preview icon or right click link and select open in new tab or window to avoid downloading.
North Port Police Department Sole Source Letter.pdf 224.37KB
DemandStar
For Purchasing Division
Date Posted
Sole/Single Source Number Effective Date Expiration Date
Purchase Details
Line Items
Unit of
Item # Description* Quantity* Unit Price* Subtotal
Measure
1 Glock 19/45 Gen 5 MMR MOS Kit Ea 6.00 $753.00 $4,518.00
P2
Shipping(?) * Total Charges
$99.60 $4,617.60
Accounts(?)
Dept* Account #(?) * Project # Amount*
1 001-2100-521.52-00 $4,617.60
Total Payments
$4,617.60
Comments to Budget(?)
Quote updated 05/26/2026.
Backup Attachments
Click the Preview icon or right click link and select Open link in new tab or window to avoid downloading.
| Additional Backup Related NavLine Req, price sheet, quote, drawings, specifications, risk waiver, etc. UTMUS-1822-1.pdf 27.3KB Vendor Details Vendor Information(?) Except for Emergency purchases, vendor MUST already be setup as a vendor in NaviLine. Vendor Name* Vendor Number* ULTIMATE TRAINING MUNITIONS INC 7992 Vendor Name CST Contact Vendor Email sales@utmusa.com Remittance Address 55 READINGTON ROAD, NORTH BRANCH, NJ 08876 Phone 908-725-9000 Vendor Documentation Current(?) * Yes No Risk Documentation Current(?) * Yes No Waiver Attached YTD Expenses (?) Department Inclusive(?) * City Inclusive(?) * $11,502.00 Highest Approver(?) * FD and CM will be skipped on the back end, as needed. |
Additional Backup
Related NavLine Req, price sheet, quote, drawings, specifications, risk waiver, etc.
UTMUS-1822-1.pdf 27.3KB
Vendor Details
Vendor Information(?)
Except for Emergency purchases, vendor MUST already be setup as a vendor in NaviLine.
Vendor Name* Vendor Number*
ULTIMATE TRAINING MUNITIONS INC 7992
Vendor Name CST
Contact Vendor Email
sales@utmusa.com
Remittance Address
55 READINGTON ROAD, NORTH BRANCH, NJ 08876
Phone
908-725-9000
Vendor Documentation Current(?) *
Yes No
Risk Documentation Current(?) *
Yes No Waiver Attached
YTD Expenses
(?)
Department Inclusive(?) * City Inclusive(?) *
$11,502.00
Highest Approver(?) *
FD and CM will be skipped on the back end, as needed.
| Via e-mail only to: | esineath@northportpdfl.gov | |
|---|---|---|
| North Port Police Department | ||
| 4980 City Hall Boulevard | ||
| North Port, Florida 34286 |
January 9, 2026
Via e-mail only to:
esineath@northportpdfl.gov
North Port Police Department
4980 City Hall Boulevard
North Port, Florida 34286
To Whom It May Concern:
This letter shall serve to confirm that the following item is a sole source product, manufactured,
sold, and distributed exclusively by Ultimate Training Munitions ("UTM") and its authorized
dealers:
* UTM 9mm MMR BLUE 01-0977
* UTM 5.56mm MMR BLUE 01-0972
* UTM 9mm MMR RED 01-0976
* UTM 9mm BBR 01-3090
Neither any division of UTM, nor any other company, makes a similar or competing product.
There are no other like items or products available for purchase that would serve the same purpose
or function, and because of exclusive distribution or marketing rights, there is only one price for
the above-named item or product.
If you have any questions, or if need any additional information, please feel free to contact us, toll-
free, at (877) 886-7233, or visit our website at www.utmworldwide.com.
Thank you for your interest in our products.
| Customer | Service To | ||
|---|---|---|---|
| NORTH PORT POLICE DEPARTMENT | NORTH PORT POLICE DEPARTMENT 4980 CITY HALL BOULEVARD, NORTH PORT,FL,34286,US | ||
| Contact | Phone Number | Account # | |
| ERIC D. SINEATH | 941-429-7346 | esineath@northportpdfl.gov | |
| Quote Name | Quote Expiration Date | ARO Days | Terms |
| 2026-06-26 | 30 NET | ||
| Entered By | Sales Rep. | Currency | Freight Terms |
| Gisela Garza | Hannah Skidmore | USD | FCA BROWNSVILLE TX |
| Line | UTM PART# / Description / Note | Quantity | UOM | Unit Price | Net Price | Sales Tax | FAET |
|---|---|---|---|---|---|---|---|
| 1 | 01-4110 GLOCK 19 / 45 GEN 5 MMR MOS KIT P2 ESTIMATED 120 DAYS LEAD TIME | 6 | Ea | 753.00000 | 4,518.00000 | 0.00 | 0.00 |
| 2 | FREIGHT CHARGE FREIGHT CHARGES ADDED GROUND | 1 | Ea | 99.60000 | 99.60000 | 0.00 | 0.00 |
| Total w/o Sales Tax or FET: | 4,617.60 |
|---|---|
| Sales Tax Total: | 0.00 |
| FAET Total: | 0.00 |
| Quotation Total: | 4,617.60 |
Ultimate Training Munitions
55 Readington Road
Order Quotation
North Branch, NJ 08876
Phone: (908)725-9000
Quote # UTMUS-1822 Quote Date 2026-05-26
Customer Service To
NORTH PORT POLICE DEPARTMENT NORTH PORT POLICE DEPARTMENT
4980 CITY HALL BOULEVARD,
NORTH PORT,FL,34286,US
Contact Phone Number Email Account #
ERIC D. SINEATH 941-429-7346 esineath@northportpdfl.gov
Quote Name Quote Expiration Date ARO Days Terms
2026-06-26 30 NET
Entered By Sales Rep. Currency Freight Terms
Gisela Garza Hannah Skidmore USD FCA BROWNSVILLE TX
Notes
Line UTM PART# / Description / Note Quantity UOM Unit Price Net Price Sales Tax FAET
01-4110
1 GLOCK 19 / 45 GEN 5 MMR MOS KIT P2 6 Ea 753.00000 4,518.00000 0.00 0.00
ESTIMATED 120 DAYS LEAD TIME
F REIGHT CHARGE
2 FREIGHT CHARGES ADDED 1 Ea 99.60000 99.60000 0.00 0.00
GROUND
Total w/o Sales Tax or FET: 4,617.60
For your convenience we also accept all major Credit Cards.A Sales Tax Total: 0.00
3% convenience charge will be added to the payment.
FAET Total: 0.00
Quotation Total: 4,617.60
Customer will not sell or ship any Products purchased from Ultimate Training Munitions, Inc. outside of the contiguous United States, Alaska and Hawaii unless Customer has the appropriate authorization and complies with allapplicable laws, rules and regulations including
but not limited to a) International Traffic in Arms Regulations (ITAR) and b) for Products that originate in United Kingdom, an authorization from UK Department of International Tradewhich among other things require a completed End User Certificate (EUC) per "gov.uk/
government/publications/end-user-undertaking-euu-form".
UTM - GENERAL TERMS AND CONDITIONS
The following terms and conditions are those under which Ultimate Training Munitions, Inc. (hereinafter referred to as "Seller") shall quote for sale, or shall sell, nonlethaltraining ammunition and related conversion kits, along with related accessories and personal protective equipment
(hereinafter collectively referred to as the"Products") to any person or entity (hereinafter referred to as "Buyer") offering to purchase or purchasing the Products. These terms and conditions supersede anycontained in any prior proposals, negotiations and representations made by
Seller, if any.
1. PRICES. Written Price quotations expire thirty (30) calendar days from the date on which they are issued and are subject to cancellation by the Seller within that periodon notice to the Buyer.All Prices quoted for the Products are subject to change without notice. On orders
calling for future delivery, Seller reserves the right to invoice the Buyer for theProducts purchased at the Prices for those Products that are in effect at the time of shipment of those Products.Prices on the Products are exclusive of all city, state, and federal excise taxes including,
without limitation, taxes on manufacture, sales, receipts, gross income,occupation, use and similar taxes. Wherever assessed in connection with the Buyer's purchase or use of theProducts, the amount of any tax or taxes on the Products will be added to the invoice as a
separate charge or charges to be paid by the Buyer. In order to eliminate theneed for Seller to collect any such taxes, the Buyer agrees to provide Seller with a tax exemption certificate issued by the relevant taxing authorities.
2. TERMS OF PAYMENT. Unless otherwise agreed, payment for all Products will be Payment in Advance. If in Seller's sole opinion the financial condition of the Buyer atany time does not justify continuance of production or shipment on the terms of payment specified, Seller may
require full or partial payment in advance. Buyer shallhave no right to withhold or to set off against any payments to Seller to compensate for any claims Buyer allegedly has against Seller.Interest at the rate of one and one-half percent (112%) per month, but not in excess of any
applicable lawful maximum amount, may be assessed on, and added to, allinvoices issued to Buyer that are considered overdue. All costs of collection, including reasonable attorney's fees, expended by Seller in connection with any outstandingamounts owed by Buyer shall be
added to the unpaid balance of Buyer's account with Seller.
3. ORDERING: Complete model number and product description should be given for each Product ordered. To avoid possible errors and delays, orders initially entered bytelephone should be confirmed by a follow-up written purchase order. All change or add orders must be
received within two (2) working days of original order date.
4. ORDER ACKNOWLEDGEMENT AND ACCEPTANCE: Seller will acknowledge each purchase order with a Promise Ship Date based on availability at the time the orderis placed. Buyer agrees to update their purchase order with the acknowledged Promise Ship Date. Seller will
consider the order accepted after twenty-four (24) hoursfrom acknowledgement unless changes are communicated by the Buyer. Once accepted, all orders become non-cancelable, and the Products non-returnable, at Seller'ssole discretion.
5. RISK OF LOSS. Buyer assumes responsibility for all risk of loss and damage to the goods when Seller places the Products at the disposal of Buyer, or when Sellerplaces the goods with a common carrier at Seller's place of business in Brownsville, Texas, or at such other
location as Seller may designate. Identification of the goodsto the contract shall occur as each shipment is placed in the hands of the carrier. All shipments are insured at the purchaser's expense.
6. DELIVERY. Unless freight is paid directly by the Buyer, the Buyer will be invoiced FCA Seller's warehouse or distribution location to point specified on the purchaseorder. When direct airfreight shipments are requested, freight will be invoiced FCA Seller's point of origin to
delivery point specified on the purchase order. Buyer will beinvoiced for freight on original invoice forwarded when goods are shipped. Shipments made within fifteen days after specified scheduled ship date shall constitute gooddelivery. Unless an order is marked "Complete
Shipment Only", and unless otherwise agreed in writing at the time an order is placed, Seller reserves the right to makepartial shipments to Seller independently of the remaining portion of the order, and to submit invoices for partial shipments in accordance with these terms
andconditions.Stated delivery dates are non-binding estimates only unless specifically stated in writing by the Seller to be binding. In no event shall the contract of sale be subject tocancellation by the Buyer as a result of delays in delivery or for any other cause, except by
mutual written agreement of the parties. In no event shall Seller be obligatedto purchase goods from others in order to enable it to supply Products to Buyer.Seller shall not be liable for unavoidable delays in delivery caused indirectly or directly or in any manner by floods,
accidents, riots, acts of God, war, governmentinterference, embargoes, strikes, labor difficulties, shortage of labor, fuel, power, materials or supplies, transportation delays or any other cause or causes (whether ornot similar in nature to any of the specified herein) either beyond
Seller's control or which it cannot remedy without great economic hardship. Seller shall have the right,in the event of the happening of any of the above contingencies, at its option, to cancel this contract, or any part thereof, without any resulting liability.If completion or delivery of
the Products is delayed due to the fault of the Buyer, Buyer shall be charged for storage of the Products. Seller shall be entitled to dispose ofthe Products if Buyer delays delivery of the Products beyond a reasonable period of time. Any delivery not in dispute shall be paid for
regardless of other controversiesrelating to other delivered or undelivered merchandise. If Buyer proves that Seller has failed to comply with a binding delivery date through its own fault, Buyer shall beentitled to actual damages suffered by it because of the late delivery.
However, such damages shall not exceed five percent (5%) of the value of the Products deliveredlate.
7. ACCEPTANCE OF ORDERS. All orders are subject to acceptance and approval at Seller's office in North Branch, New Jersey.
8. WARRANTY. Seller warrants the Products to be free from defects in material and workmanship under normal use and service for a period of six (6) months from the dateof shipment. If the Products should fail to conform to this Agreement or to any warranty outlined herein,
Buyer's remedies shall be limited to the repair or replacement, atSeller's option, of the nonconforming Products or parts thereof.Seller makes no representations or warranties except such as are expressly contained herein.Buyer shall return any defective Products or parts,
freight prepaid, to the Seller's service facilities in the continental United States. Buyer shall bear all costs of labor andinstallation pertaining to any such defective Products or parts. No Products or parts may be returned without Seller's prior written approval. Any defective
Products orparts that have been replaced by Seller shall become Seller's property.THE FOREGOING WARRANTIES ARE EXCLUSIVE AND SELLER DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL,INCLUDING THE
WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESSFOR A PARTICULAR PURPOSE. THE REMEDIES PROVIDED IN THIS PARAGRAPH SHALL BE THE SOLE AND EXCLUSIVE REMEDIES OF BUYER, OFSUBSEQUENT BUYERS, AND OF ANY
OTHER PERSON, WITH RESPECT TO THE BREACH OF SUCH WARRANTIES.
9. EXCLUSION OF CERTAIN CLAIMSIN NO EVENT SHALL SELLER BE LIABLE UNDER THIS AGREEMENT, OR WITH RESPECT TO THE PRODUCTS OR THEIR USE,FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST
PROFITS, WHETHER CLAIMED ON THE BASIS OF BREACHOF CONTRACT OR WARRANTY, TORT (INCLUDING STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF SELLER IS ADVISED OF THE POSSIBILITY OFSUCH DAMAGES.
10. INSPECTION. Buyer shall, within ten (10) days after delivery of the Products to the Buyer, notify Seller of any claim or objection that would be reasonably discoverableupon inspection of the Products. All claims for breakage, damage and non-delivery should be made to the
transportation company handling shipment. Seller will offer itsreasonable assistance in presenting any such claims. The retentionof the Products by Buyer beyond that time period, or the use of the Products by the Buyer for any purpose whatsoever shall, in either instance,
constitute an unconditionalacceptance of the Products by Buyer with respect to any such defects, and no claim or liability in this respect shall thereafter survive or be enforceable against Seller.
11. CHANGES AND CANCELLATION. Orders accepted by Seller are not subject to change, cancellation or suspension, except with Seller' s written consent, and upon termsthat will indemnify Seller against loss.
12. SHORTAGES AND RETURNS. All claims for shortages must be made by Buyer to Seller within ten (10) days after receipt of shipment by Buyer. Seller must obtain priorwritten authorization from Seller's home office before any Products are returned. Seller reserves the right to
refuse shipments of Products from Buyer that returned withoutauthorization, and to return any such shipments to Buyer on a collect basis. Products that are returned by Buyer to Seller may be subject to a restocking fee.
13. AGREEMENT. The terms and conditions herein shall supersede any provisions, terms, and conditions contained on any Purchase Order, confirmation, or any otherwriting Buyer may give or receive, and the rights of the parties shall be governed exclusively by the provisions,
terms, and conditions hereof. Seller hereby objects to andrejects any and all additional or different terms proposed by Buyer, no matter where contained.If this quotation is accepted and Buyer's order form is used for that purpose, it is expressly understood and agreed between
the parties hereto that the terms andconditions herein set forth shall prevail insofar as the same may in any way conflict with the terms and conditions set forth in such order form, and the issuance of suchorder by Buyer shall be deemed to note Buyer's assent to the foregoing.In
the event that this document is deemed to be an offer, acceptance is expressly conditioned on Buyer's assent to all terms hereof, including those which are additionalto or different from the terms contained in any terms and conditions of Buyer. Acceptance of the Products sold
hereunder shall constitute assent to these conditions. Ifthese terms and conditions are not assented to, Buyer must notify Seller at once, but in any event, within five (5) days after receipt hereof.
14. MODIFICATION. No sales representative, agent or employee of Seller is authorized to alter, vary or waive any of the terms and conditions herein, and no terms orconditions other than those stated herein, and no agreement or understanding, oral or written, purporting to modify
those terms and conditions, shall be binding on Sellerunless hereafter made in writing and signed by an officer of Seller.
15. SEVERABILITY. If, for any reason, any of the terms or provisions of this Agreement are or hereafter become void, the other terms or provisions shall remain in force andeffect.
16. NO WAIVER. The failure or omission of Seller to insist, in any instance, upon strict performance by Buyer of any terms or condition of this Agreement, or to exercise anyof Seller's rights hereunder, shall not be deemed to be a modification of any terms hereof or a waiver or
relinquishment of the future performance of any such terms orcondition by Seller, nor shall such failure or omission constitute a waiver of the right of Seller to insist upon future performance by Buyer of any such term or condition.
17. APPLICABLE LAW. This quotation and the acceptance of it shall be governed by and construed in accordance with the laws of the State of Delaware. Exclusivejurisdiction over this Agreement, or otherwise relating to the commercial relationships of the parties, shall be vested in
the federal or state courts located in the State ofDelaware and, for this purpose, the parties hereby submit to the personal jurisdiction of such court(s)
Customer will not sell or ship any Products purchased from Ultimate Training Munitions, Inc. outside of the contiguous United States, Alaska and Hawaii unless Customer has the appropriate authorization and complies with allapplicable laws, rules and regulations including
but not limited to a) International Traffic in Arms Regulations (ITAR) and b) for Products that originate in United Kingdom, an authorization from UK Department of International Tradewhich among other things require a completed End User Certificate (EUC) per "gov.uk/
government/publications/end-user-undertaking-euu-form".
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