FLORIDA DEPARTMENT OF LAW ENFORCEMENT
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1 FLORIDA DEPARTMENT OF LAW ENFORCEMENT February 15, 2011 With this sheet you have received solicitation documents for the following: Solicitation No. Number of Addenda as of above date: Item(s) of Bid ITB 1213 REBID None Surplus Firearms Disposal Commodity Code Date and Time Due March 10, 2011, 2:30 PM EST Florida Department of Law Enforcement Office of General Services, Purchasing and Contracts 2331 Phillips Road Tallahassee, FL It is important that proposers monitor the Vendor Bid System (VBS) for any changes to this solicitation. It is the proposer s responsibility to be aware of any changes posted to the VBS. REGISTRATION WITH THE DEPARTMENT FOR THIS SOLICITATION IS NOT A REQUIREMENT TO SUBMIT A PROPOSAL. Company Name: Address: City, State & Zip: Telephone: ( ) Fax No.: ( ) Signed: Date: For further information on this process, you may telephone (850) To receive information on FDLE solicitations 24 hours a day, 7 days a week, visit the Vendor Bid System at Page 1 of 14
2 TABLE OF CONTENTS SOLICITATION INTRODUCTION INTRODUCTION AND GENERAL INFORMATION 1.1 INTRODUCTION PROCUREMENT OFFICER CONTRACT MANAGER GENERAL INSTRUCTIONS TO RESPONDENTS (PUR1001) GENERAL CONTRACT CONDITIONS (PUR 1000) MANDATORY REQUIREMENT MYFLORIDAMARKETPLACE REGISTRATION ADDITIONAL REQUIREMENTS SUBMISSION OF MANDATORY FORMS NOTICE TO CONTRACTOR DISCUSSIONS CONTRACTUAL MANDATORY ALTERNATE CONTRACT SOURCES OF COMMODITIES AND SERVICES ADDENDA SUBMISSION OF PROPOSAL POSTING OF TABULATIONS BASIS OF AWARD CERTIFICATION OF A DRUG-FREE WORKPLACE SPECIAL ACCOMMODATIONS SPECIAL CONDITIONS 2.1 CALENDAR OF EVENTS VENDOR S INQUIRIES FORMAT AND NUMBER OF COPIES COST PROPOSAL SHEET ITB PACKAGING AND MAILING/SUBMISSION REQUIREMENTS BID OPENING SPECIFICATIONS 3.1 PURPOSE PRE-INSPECTION WARRANTY PAYMENT SCHEDULE FDLE ADDENDUM TO SALES AGREEMENT REMOVAL OF FIREARMS 10 ATTACHMENTS ATTACHMENT A - COST PROPOSAL SHEET 11 ATTACHMENT B - DRUG FREE WORKPLACE CERTIFICATE 12 ATTACHMENT C - CHECKLIST 13 ATTACHMENT D - FDLE ADDENDUM TO SALES AGREEMENT 14 Page 2 of 14
3 SOLICITATION INTRODUCTION The 10 Most Critical Things to Keep in Mind When Responding to a Solicitation for the Florida Department of Law Enforcement 1. Read the entire document. Note critical items such as: mandatory requirements; bond(s) requirements (proposal, performance and/or damages) sample(s) required, supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2. Note the Procurement Officer's name, address, phone numbers and address. This is the only person you are allowed to communicate with regarding the Solicitation and is an excellent source of information for any questions you may have. 3. Attend the pre-proposal conference. (If applicable) 4. Take advantage of the question and answer period. Submit your questions to the Procurement Officer by the due date listed in the Calendar of Events and view the answers given in the formal addenda issued for the Solicitation. All addenda issued for a Solicitation are posted on the Vendor Bid System s website ( 5. Follow the format required in the Solicitation when preparing your response. Provide point-by-point responses to the required sections in a clear and concise manner. 6. Provide complete answers/descriptions. Read and answer all questions and requirements. Don t assume the Department or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the Department. The proposals are evaluated based solely on the information and materials provided in your response. 7. Use the forms provided, i.e., Bid List Registration page, Site Survey forms, Certification forms, Price Proposal forms, Certificate of Drug Free Workplace, Savings / Discount / Price Reduction, Customer References, etc. 8. Check the Vendor Bid System website for Solicitation addenda. Before submitting your response, check the Vendor Bid System website to see whether any addenda were issued for the Solicitation, some addenda require that you sign and return them with the bid. 9. Review and read the Solicitation document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluator/evaluation committee members and will be used to score your response. 10. Submit your response on time. Note all the dates and times listed in the Calendar of Events and within the document, and be sure to submit all required items on time. Faxed, ed or late proposal responses are never accepted. Page 3 of 14
4 1.0 INTRODUCTION AND GENERAL INFORMATION 1.1 INTRODUCTION The State of Florida's Department of Law Enforcement, hereinafter called the FDLE, State, or Department, Customer, intends to obtain competitive sealed bids for the sale of fifty-six (56) surplus FDLE firearms per the specifications contained herein. 1.2 PROCUREMENT OFFICER The Procurement Officer, acting on the behalf of the Department, is the sole point of contact outside of official conferences and meetings with the agency s team, with regard to all procurement matters relating to this solicitation, from the date of release of the solicitation until the Department s Notice of Intended Award or Decision is posted. All questions and requests for clarification outside the above referenced meetings are to be directed to: Gregory Bickford Purchasing and Contracts Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, FL Telephone: (850) Fax: (850) gregorybickford@fdle.state.fl.us Florida Statute Section (26) requires that respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. Any questions arising from this solicitation must be forwarded, in writing, to the Procurement Officer identified above. The Department s written response to those inquires will be posted on the Florida Vendor Bid System at under the above referenced solicitation number. It is the responsibility of all potential proposers to monitor this site for any changing information prior to submitting their proposal. 1.3 CONTRACT MANAGER The Department s employee identified below is designated as Contract Manager and shall act on the Department s behalf for the ongoing administration of contractual matters after the Notice of Agency Decision has been posted, the contract is executed and/or the direct order is issued. Jason Knowles Office of Field Services Department of Law Enforcement 2331 Phillips Road Tallahassee, FL Telephone: (850) jasonknowles@fdle.state.fl.us 1.4 GENERAL INSTRUCTIONS TO RESPONDENTS (PUR1001) This section explains the General Instructions to Respondents (PUR 1001) of the solicitation process. Attachment: This is a downloadable document. Please download and save this document to your computer for further review. There is no need to return this document back to the Department of Law Enforcement. Page 4 of 14
5 1.5 GENERAL CONTRACT CONDITIONS (PUR 1000) This section explains the General Contract Conditions (PUR 1000) of the solicitation process. Attachment: This is a downloadable document. Please download and save this document to your computer for further review. There is no need to return this document back to the Department of Law Enforcement MANDATORY REQUIREMENT The State has established certain requirements with respect to bids to be submitted by vendors. The use of "shall", "must" or "will" (except to indicate simple futurity) in this invitation to bid (ITB) indicates a requirement or condition from which a material deviation may not be waived by the State. A deviation is material if, in the State's sole discretion, the deficient response is not in substantial accord with the ITB requirements, provides an advantage to one vendor over other vendors, has a potentially significant effect on the quantity or quality of items bid, or on the cost to the State. Material deviations cannot be waived. The words "should" or "may" in this ITB indicate desirable attributes or conditions, but are permissive in nature. Deviation from, or omission of, such a desirable feature, will not in itself cause rejection of a bid. 1.7 MYFLORIDAMARKETPLACE REGISTRATION MyFloridaMarketPlace - Unless exempted under Rule 60A , each vendor doing business with the State of Florida shall submit reports and be assessed a Transaction Fee of one percent (1%), on its payments under a Contract, which must be remitted within 40 days after receipt of payment for which such fees are due or the vendor shall pay interest at the rate established under Sec (1), Florida Statutes, on the unpaid balance from the expiration of the 40-day period until the fees are remitted. 1.8 ADDITIONAL REQUIREMENTS The State of Florida General Terms and Conditions (PUR 1000) and the General Instructions (PUR 1001) are hereby attached and incorporated in their entirety into this ITB. FDLE's Specific Instructions to Respondents, modifies and shall take precedence over the State of Florida Form PUR 1001, General Instructions to Respondents. The Florida Department of Law Enforcement currently does not utilize the State of Florida's MyFloridaMarketPlace (MFMP) e-procurement system for competitive solicitations such as this ITB. Vendors are to manually submit their responses to this ITB to FDLE. Specific references to MFMP usage for this ITB stated in paragraphs 3 and 5 of the State of Florida Form PUR1001, General Instructions to Respondents, are not applicable. The successful vendor in this ITB process, if not already registered in MFMP, will be required to do so. 1.9 SUBMISSION OF MANDATORY FORMS The Cost Proposal Sheet (Attachment A) shall be completed, signed by a representative who is authorized to contractually bind the vendor, and returned in a separate envelope from the required documentation for vendor qualification. FDLE has provided an ITB CHECKLIST (Attachment C) which provides guidance to the vendor in assuring that all mandatory information and documents are included. This checklist is to be filled out by the vendor and returned to FDLE along the required documentation for vendor qualification and the Drug Free Workplace Certificate (Attachment B). Any addenda supplied by the State to participating vendors shall include an Addenda Acknowledgment Form. This form shall be signed by an authorized representative, dated, and returned with the Cost Proposal Sheet (Attachment A) with this ITB. Page 5 of 14
6 1.10 NOTICE TO CONTRACTOR A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section , Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. The State of Florida does not award publicly funded contracts to those who knowingly employ unauthorized alien workers. The Department shall consider this a violation of Section 274A(e) of the Immigration and Nationality Act. Such violation shall be cause for unilateral cancellation of this contract. As required by Section , Florida Statutes (2000) [Chapter , Section 6, Laws of Florida], an entity or affiliate which has been placed on the discriminatory vendor list may not submit a bid or proposal on a contract to provide any goods or services to a public entity, may not submit a bid or proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity DISCUSSIONS No negotiations, decisions or actions shall be initiated or executed by the vendors as a result of any discussions with any state employee prior to opening of bids. Prior to opening of bids, vendors are not to divulge bid costs to any employee or representative of the State. Further, bids/proposals submitted to the Department will remain unopened until the time for opening bid/proposal at the Department s Office of General Services. During this period, any discussion by the vendor with any employee or authorized representative of the Department involving cost information will result in rejection of said vendor s response. Only those communications, which are in writing or electronically submitted from the FDLE s Office of General Services Office, may be considered as a duly authorized expression on behalf of the FDLE. Also, only communications from vendors, which are in writing and signed or electronically submitted, will be recognized by the FDLE as duly authorized expressions on behalf of the vendor CONTRACTUAL MANDATORY A vendor s response to this ITB shall be considered as the vendor s formal offer. The issuance of Purchase Order(s) and/or Contract(s) for the purchase of the commodities and/or services shall constitute the Department's written acceptance of the successful bid and the signed Purchase Order(s) and/or Contract(s) will be forwarded to the successful vendor ALTERNATE CONTRACT SOURCES OF COMMODITIES AND SERVICES As provided in Section (16)(a), F.S., other state agencies may purchase from the resulting contract, provided that the Department of Management Services has determined that the contract s use is cost-effective and in the best interest of the State. Upon such approval, the Contractor may, at its discretion, sell these commodities or services to additional agencies, upon the terms and conditions contained herein ADDENDA The FDLE reserves the right to modify this ITB. All addenda to this ITB will be in writing with content and number of pages described to all vendors. Any addenda or answers to written questions supplied by the FDLE to participating vendors shall include an Addenda Acknowledgement Form. This form shall be signed by an authorized representative of the vendor, dated, and returned with the vendor s response to this ITB. All addenda will be provided via the State Department of Management Services Vendor Bid System (VBS) at website: It is the sole responsibility of the vendor to monitor the VBS for any addenda issued in reference to this ITB Page 6 of 14
7 1.15 SUBMISSION OF PROPOSAL This language takes precedence over PUR 1001 (Section 1.4) Paragraph 3. The proposal forms furnished must be submitted with your proposal. Forms to be filled out in pen and ink or typewritten with no alterations, changes or amendments made within. All forms to be signed and dated. Offers by telegram, telephone, , or facsimile will not be accepted. Submit your proposal in accordance with the Calendar of Events (Section 2.1) to: Florida Department of Law Enforcement, Attention: Purchasing and Contracts, 2331 Phillips Road, Tallahassee, Florida Please note that an unlabeled proposal submission may be received late. All proposers are advised to examine their response carefully. All prices and quantities shown on the bid sheets submitted are final and mistakes will be at the proposer s risk. Proposals received shall be evaluated by the Purchaser for compliance with the general and technical requirements contained herein. IMPORTANT: Mark on the envelope/container in which your bid is submitted: Bid No. ITB 1213 REBID (Date & Time in Calendar of Events, Section 2.1) POSTING OF TABULATIONS Bid tabulations will be posted electronically as Agency Decisions on the Department of Management Services Vendor Bid System ( as a Public Notice. The Agency Decisions may be viewed and will remain posted for a period of 72 hours. Failure to file a protest within the time prescribed in Section (3)(b), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes BASIS OF AWARD The award shall be made to the responsive and responsible vendor meeting all of the requirements as specified in this Invitation to Bid at the highest grand total price. Bids will remain firm for a period of 180 days after bid opening CERTIFICATION OF A DRUG-FREE WORKPLACE In the event of a tie bid, preference must be given to vendors submitting a certification with their response to this ITB certifying they have a drug-free workplace in accordance with Section , Florida Statutes. (See Attachment B) 1.19 SPECIAL ACCOMMODATIONS Any person with a qualified disability shall not be denied equal access and effective communication regarding any ITB documents or the attendance at any related meeting or ITB opening. If accommodations are needed because of a disability, please contact the FDLE Purchasing Office at (850) Page 7 of 14
8 2.0 SPECIAL CONDITIONS 2.1 CALENDAR OF EVENTS The following time schedule will be strictly adhered to in all actions relative to this solicitation, unless modified by the Department by addendum to this solicitation. February 15, 2011 February 25, 2011 March 4, 2011 March 10, 2011 March 11, 2011 March 16, 2011 Solicitation issued. All questions and/or proposed changes to the solicitation must be submitted in writing to the Procurement Officer no later than 5:00PM ET (may be submitted earlier.) Please see Section 2.2. Responses to written inquires and proposed changes will be posted no later than 5:00 PM on the Florida Vendor Bid System at; Proposals due. Public bid opening at 2:30PM ET at the location specified in Section 2.5. Posting of Intent to Award. No later than 5:00 PM ET. Bid Awarded. 2.2 VENDOR S INQUIRIES The vendor shall examine the solicitation to determine if the State s requirements are clearly stated. If there are any requirements that restrict competition, the vendor may request, in writing, to the State that the specifications be changed. The vendor who requests changes to the State s specifications must identify and describe the vendor s difficulty in meeting the State s specifications, must provide detailed justification for a change, and must provide recommended changes to the specifications. Questions concerning conditions and specifications of this solicitation, and/or requests for changes to the solicitation must be received in writing by the procurement officer no later than the time and date specified in the Calendar of Events (Section 2.1 of this solicitation). A vendor s failure to request changes by the date described above, shall be considered to constitute the proposer s acceptance of the State s specifications. The State shall determine what changes to the solicitation shall be acceptable to the State. If required, the State shall issue an addendum reflecting the acceptable changes to this solicitation, which shall be posted in order that all proposers shall be given the opportunity of submitting proposals to the same specifications. Copies of questions and final answers, along with any changes to the solicitation, will be posted by the Department, in the form of a written addendum, as soon as reasonably practicable. Vendor s submitting a response must submit by the response deadline written acknowledgement of any addendum. 2.3 FORMAT AND NUMBER OF COPIES Bids shall be submitted in two (2) printed copies, one of which must be marked as the Master, and contain an original signature of a company representative with the authority to contractually bind the Vendor. 2.4 COST PROPOSAL SHEET Any discussion by the vendor with any employee or representative of the Department involving cost information will result in rejection of said vendor s proposal. Cost Proposals shall be submitted in the format specified in Attachment A. Page 8 of 14
9 2.5 ITB PACKAGING AND MAILING/SUBMISSION REQUIREMENTS Vendors shall submit hard copy written proposals that address each of the requirements specified in this ITB. Vendor shall provide sufficient information to enable FDLE to make a fully informed decision. The ITB package must be clearly addressed to and marked as follows: Gregory Bickford ITB 1213 REBID FDLE/Office of General Services 2331 Phillips Road Tallahassee, FL Note: If ITB package is not addressed as required above, FDLE cannot assure its timely delivery. FAILURE TO INCLUDE ANY INFORMATION OR DOCUMENTATION REQUESTED WITHIN THIS ITB MAY LEAD TO REJECTION OF THE ITB FOR NON-RESPONSIVENESS. IF YOU ARE UNSURE OF THE REQUIRED INFORMATION OR DOCUMENTATION, ASK FDLE. DO NOT MAKE ASSUMPTIONS. 2.6 BID OPENING Bids will be opened in the Purchasing & Contracts section, room C-1026 at FDLE s Headquarters, 2331 Phillips Road, Tallahassee, FL 32308, at the date and time shown in the Calendar of Events (Section 2.1 of the solicitation). Page 9 of 14
10 3.0 SPECIFICATIONS 3.1 PURPOSE FDLE is offering for sale to the highest bidding entity, in one lot, fifty-four (54) Remington Model 870 Wingmaster Shotguns, one (1) Remington Model 870 Magnum Shotgun, and one (1) Pietro Beretta 9mm Model 92 SB. To qualify as a viable bidding entity, the vendor must be registered in MyFloridaMarketPlace and MUST be a licensed firearms dealer who is authorized by federal and state law to buy and sell firearms in the State of Florida. Upon winning the bid to purchase the listed firearms, the vendor must adhere to the following: Purchase the listed firearms in one lot and provide FDLE payment in a form of a certified check within 15 days of the bid closing and/or the bidder being informed they won the bid to purchase the listed firearms The vendor must offer all the firearms comprising the lot described herein, individually for sale to FDLE members for a period of ten (10) consecutive working days commencing the first working day subsequent to the date the vendor receives all the listed firearms from FDLE, at a price set by the vendor that is within fair market value for each listed firearm In addition, the vendor must agree to departmental policy parameters as set forth in Attachment D and incorporated herein by reference, together with the other attached FDLE Addendum to Sales Agreement set forth as Attachments A, B, and C. 3.2 PRE-INSPECTION These items may be inspected by appointment only during the hours of 8:30AM to 4:00PM, at the Florida Department of Law Enforcement, 2331 Phillips Road, Tallahassee, FL All bidders are urged to inspect equipment before submitting bids. Call for Appointment: Special Agent Jason Knowles (850) or (850) Special Agent Supervisor Rick Ward (850) WARRANTY All firearms identified and offered for sale by the Department will be sold "as is", "where is", and "with all faults, if any". FDLE disclaims all warranties or guarantees, expressed or implied, as to the condition, quality, completeness or fitness for any particular or general purpose of the firearms being sold. All firearms are believed to be in good working order by FDLE. However, neither those descriptions, nor any oral statements made concerning any item, shall be considered as a warranty, expressed or implied. FDLE OFFERS NO GUARANTEES OR WARRANTIES. DETERMINATION OF CONDITION, FUNCTION, AND PERCEIVED OR ASSUMED VALUE IS THE SOLE RESPONSIBILTY OF THE BUYER. 3.4 PAYMENT SCHEDULE Payment to FDLE must be in the form of a certified check within 15 days of the bid closing and/or the bidder being informed they won the bid to purchase the listed firearms. Payment is to be sent to the attention of the Florida Department of Law Enforcement, Office of Finance and Accounting, P.O. Box 1489, Tallahassee, Fla FDLE ADDENDUM TO SALES AGREEMENT (ATTACHMENT D) Upon award the winning vendor will be required to sign and return FDLE Addendum to Sales Agreement (Attachment D) prior to removal of firearms from FDLE. 3.6 REMOVAL OF FIREARMS All items must be removed at the vendor s expense (from FDLE HQ, 2331 Phillips Road, Tallahassee, FL 32308) within fifteen (15) days after payment of bid. Page 10 of 14
11 ATTACHMENT A COST PROPOSAL SHEET BASIS OF AWARD: The award shall be made to the responsive and responsible vendor meeting all of the requirements as specified in this Invitation to Bid at the highest grand total price. A. Remington Model 870 Wingmaster Shotguns $ /each x 54 = $ B. Remington Model 870 Magnum Shotgun $ /each x 1 = $ C. Pietro Beretta 9mm Model 92 SB $ /each x 1 = $ A + B + C = TOTAL PRICE $ Award will be made to proposer with highest Total Price. Complete and Sign below. RESPONDENT: ADDRESS: CITY: STATE: ZIP AUTHORIZED SIGNATURE: TITLE: Page 11 of 14
12 ATTACHMENT B DRUG FREE WORKPLACE CERTIFICATE IDENTICAL TIE BIDS - Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee s community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. Complete and Sign below. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. RESPONDENT: ADDRESS: CITY: STATE: ZIP AUTHORIZED SIGNATURE: TITLE: Page 12 of 14
13 ATTACHMENT C CHECKLIST For your convenience, we offer the following checklist of items that must be returned by the response deadline listed in the ITB timeline. FAILURE TO INCLUDE ANY INFORMATION OR DOCUMENTATION REQUESTED WITHIN THIS CHECKLIST MAY LEAD TO REJECTION OF THE BID FOR NON-RESPONSIVENESS. 1. Vendor Registration Page (page 1 of this ITB). 2. Attachment A - Offer Proposal Sheet. 3. Attachment B - Certification of a Drug Free Workplace/Tie Proposal. 4. Copy of current Federal Firearms Dealer License. 5. Addendum Acknowledgment form(s), signed (if applicable). 6. Any other applicable information. Page 13 of 14
14 ATTACHMENT D FDLE Addendum to Sales Agreement Between Florida Department of Law Enforcement And (Vendor Name) This Addendum is accepted by parties to this sale, and the undersigned agree to be bound by the terms and obligations stated below. The purpose of the Addendum is to assure that every effort is made to cause the firearms obtained from the Florida Department of Law Enforcement by reason of this transaction to be offered to, and obtained by, law enforcement agencies and law enforcement officers in the priority set forth below. 1. Recipient of the quantity of Florida Department of Law Enforcement (hereafter, FDLE ) owned firearms as described in this Agreement (hereafter, Vendor ) certifies that it is currently a federally-licensed firearms dealer. 2. First Priority: FDLE Members Right of First Refusal Vendor agrees to provide FDLE sworn members and then FDLE non-sworn members a right of first-refusal to buy any of the FDLE firearms sold by reason of the transaction defined by this Agreement. The right of first-refusal period shall be ten (10) consecutive working days commencing the first working day subsequent to the date the vendor receives all the listed firearms from FDLE. Provided however, that the vendor agrees to offer such firearms for sale to FDLE non-sworn members only during the last five (5) days of such period. 3. Second Priority: Florida law enforcement agencies and officers Upon expiration of the firstrefusal period as set forth in paragraph 2, the vendor shall offer and make a good faith effort to sell the remaining firearms obtained from FDLE for ten (10) consecutive working days commencing the first working day subsequent to the date of the expiration of the first-refusal period as set forth in paragraph 2 only to law enforcement agencies and law enforcement officers within Florida. 4. Third Priority: Other law enforcement agencies and officers Upon expiration of the time period set forth in paragraph 3, the vendor shall offer and make a good faith effort to sell the remaining firearms obtained from FDLE for ten (10) consecutive working days commencing the first working day subsequent to the date of the expiration of the period as set forth in paragraph 3 only to law enforcement agencies and officers in other jurisdictions in the United States. 5. Last Priority: Sale to others Upon expiration of a reasonable period of time during which Vendor has made a good faith effort to sell the remaining stock of firearms obtained from FDLE to law enforcement agencies and officers in other jurisdictions, Vendor may sell the remaining firearms to other federally licensed firearms dealers or others, in compliance with applicable federal and state laws. Vendor shall provide FDLE with a listing of the firearms and serial numbers disposed of under this Last Priority upon request. 6. Vendor agrees to maintain records indicating its compliance with this Agreement, and to make those available for review by FDLE upon request. Agreed upon on the date indicated by the signatures below. Signature Signature Print Name Dealer Name Date: Print Name Florida Department of Law Enforcement Date: Page 14 of 14
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