HomeMy WebLinkAboutContract 61833CSC No. 61833
FORT WORTH
CITY OF FORT WORTH
COOPERATIVE PURCHASE AGREEMENT
This Cooperative Purchase Agreement ("Agreement") is entered into by and between Atlantic Diving Supply,
Inc. ("Vendor") and the City of Fort Worth ("City"), a Texas home rule municipality.
The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of
precedence in which they are listed:
1. This Cooperative Purchase Agreement;
2. Exhibit A — Seller's Price List;
3. Exhibit B — Cooperative Agency Contract Sourcewell 011221-ADS; and
4. Exhibit C — Conflict of Interest Questionnaire
Exhibits A, B, and C, which are attached hereto and incorporated herein, are made a part of this Agreement
for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the
terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. If any provision of
the attached Exhibits conflict with the terms herein, are prohibited by applicable law, conflict with any applicable
rule, regulation or ordinance of City, the term in this Cooperative Purchase Agreement shall control.
City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the
provisions of this Agreement. Total payment made under this Agreement for the first year by City shall not exceed
One Hundred Thousand Dollars ($100,000.00). Vendor shall not provide any additional items or services or
bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing
the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified
by this Agreement unless City first approves such expenses in writing.
The term of this Agreement is effective beginning on the date signed by the Assistant City Manager
below ("Effective Date") and expires on February 19, 2025.
Vendor agrees that City shall, until the expiration of three (3) years after final payment under
this Agreement, or the final conclusion of any audit commenced during the said three years, have access to
and the right to examine at reasonable times any directly pertinent books, documents, papers and records,
including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement
at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all
necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of
intended audits.
The Agreement and the rights and obligations of the parties hereto shall be governed by, and construed
in accordance with the laws of the United States and state of Texas, exclusive of conflicts of laws provisions.
Venue for any suit brought under the Agreement shall be in a court of competent jurisdiction in Tarrant
County, Texas. To the extent the Agreement is required to be governed by any state law other than Texas or
venue in Tarrant County, City objects to such terms and any such terms are hereby deleted from the Agreement
and shall have no force or effect.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to
have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or
representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received
by the other party by United States Mail, registered, return receipt requested, addressed as follows:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
To CITY:
City of Fort Worth
Attn: Valerie Washington, Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's Office at:
100 Fort Worth Trail
Fort Worth, Texas 76102
W§Xi�"IN
Atlantic Diving Supply, Inc.
Wendy Belisle, Controller Contract Compliance
Address:
621 Lynnhaven Pkwy Suite 400 Virginia Beach,
VA 23452
Facsimile: N/A
The undersigned represents and warrants that he or she has the power and authority to execute this Agreement
and bind the respective Vendor.
CITY OF FORT WORTH:
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By: Valerie Washington (Aug 7,202409:46 CDT)
Name: Valerie Washington
Title: Assistant City Manager
Date: Aug 7, 2024
APPROVAL RECOMMENDED:
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By; J&fs Davis (Aug 5, 202410:17 EDT)
Name: James Davis
Title: Fire Chief
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By:
Name: Jannette Goodall
Title: City Secretary
VENDOR:
Atlantic Diving Supply, Inc.
DocuSigned by:
7/30/2024
By: A96F61E86A84454...
Name: Wendy Belisle
Title: Controller Contract Compliance
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
By: -Aug 5,202407:34 CDT)
Name: Brenda Ray
Title: Purchasing Manager
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By:
Name: Jessika Williams
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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Sourcewell Contract 011221- Body Armor
Product
Part #
Suit EOD 10E Olive Drab Large
8002579
EOD 10E Helmet Pkg, Olive Drab
8002581
Full Foot Protection, Regular —Pair
8000807
Kit, BB-2590 (Li -Ion) Battery
8001061
Battery, BB-2590 (Li -Ion)
8001069
Forced air Suit cooling set
8001772
Suit, EOD 9N Olive Drab Large
4976723
Helmet, EOD 9N Olive Drab
4976294
M RP
Sourcewell Price
Added Discount
$26,148.00
25,625.04
22393.76
$21,108.00
20685.84
18077.39
$650.00
637.00
571.43
$1,139.00
1116.22
1061.97
$635.00
622.30
602.08
$414.00
405.72
354.57
$25,636.00
25,123.28
21955.27
$17,455.00
17,105.90
14948.88
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EXHIBIT B
011221-ADS
Sourcewell -PA'
Solicitation Number: 011221
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and Atlantic Diving Supply, Inc. (ADS), 621 Lynnhaven Parkway, Suite 160,
Virginia Beach, VA 23452 (Vendor).
Sourcewell is a State of Minnesota local government agency and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers
cooperative procurement solutions to government entities. Participation is open to federal,
state/province, and municipal governmental entities, higher education, K-12 education,
nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Body Armor with Related Accessories, Equipment,
and Services from which Vendor was awarded a contract.
Vendor desires to contract with Sourcewell to provide equipment, products, or services to
Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts
(Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires February 19, 2025, unless it is
cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional
one-year period upon request of Sourcewell and with written agreement by Vendor.
C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this
Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or
Services as stated in its Proposal submitted under the Solicitation Number listed above.
Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated
into this Contract.
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All Equipment and Products provided under this Contract must be new/current model. Vendor
may offer close-out or refurbished Equipment or Products if they are clearly indicated in
Vendor's product and pricing list. Unless agreed to by the Participating Entities in advance,
Equipment or Products must be delivered as operational to the Participating Entity's site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated,
sales and sales volume are not guaranteed.
B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free
from liens and encumbrances, and are free from defects in design, materials, and workmanship
for a period of one year following the date of delivery. In addition, Vendor warrants the
Equipment, Products, and Services are suitable for and will perform in accordance with the
ordinary use for which they are intended. Vendor's dealers and distributors must agree to assist
the Participating Entity in reaching a resolution in any dispute over warranty terms with the
manufacturer. Any manufacturer's warranty that is effective past the expiration of the
Vendor's warranty will be passed on to the Participating Entity to the extent permitted under
the terms of such warranty.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will
make available to Sourcewell a means to validate or authenticate Vendor's authorized dealers,
distributors, and/or resellers relative to the Equipment, Products, and Services related to this
Contract. This list may be updated from time -to -time and is incorporated into this Contract by
reference. It is the Vendor's responsibility to ensure Sourcewell receives the most current
version of this list.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor's
Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a
Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered
Equipment, Products, and Services that are operational for their intended purpose, and
includes all costs to the Participating Entity's requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated
with any purchase option of the Equipment, Products, or Services must always be disclosed in
the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly
packaged. Damaged Equipment and Products may be rejected. If the damage is not readily
apparent at the time of delivery, Vendor must permit the Equipment and Products to be
returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
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Participating Entities reserve the right to inspect the Equipment and Products at a reasonable
time after delivery where circumstances or conditions prevent effective inspection of the
Equipment and Products at the time of delivery.
Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive
in a defective or inoperable condition.
Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally
delivers substandard or inferior Equipment or Products. In the event of the delivery of
nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon
as possible and the Vendor will replace nonconforming Equipment and Products with
conforming Equipment and Products that are acceptable to the Participating Entity.
B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax -
exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax-
exempt entity.
C. HOT LIST PRICING. At anytime during this Contract, Vendor may offer a specific selection
of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to
Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed
from the Hot List at any time through a Sourcewell Price and Product Change Form as defined
in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and
discontinued Equipment and Products as long as those close-out and discontinued items are
clearly identified as such. Current ordering process and administrative fees apply. Hot List
Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any
time. All requests must be made in writing by submitting a signed Sourcewell Price and Product
Change Request Form to the assigned Sourcewell Contract Administrator. This form is available
from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
• Identify the applicable Sourcewell contract number;
• Clearly specify the requested change;
• Provide sufficient detail to justify the requested change;
• Individually list all Equipment, Products, or Services affected by the requested change,
along with the requested change (e.g., addition, deletion, price change); and
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• Include a complete restatement of pricing documentation in Microsoft Excel with the
effective date of the modified pricing, or product addition or deletion. The new pricing
restatement must include all Equipment, Products, and Services offered, even for those
items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will become an amendment
to this Contract and be incorporated by reference.
S. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and
nonprofit entities across the United States and Canada; such as federal, state/province,
municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally
access the Equipment, Products, or Services under this Contract. A Participating Entity's
authority to access this Contract is determined through its cooperative purchasing, interlocal,
or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service
Member of Sourcewell during such time of access. Vendor understands that a Participating
Entity's use of this Contract is at the Participating Entity's sole convenience and Participating
Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use
eligibility requirements and documentation and will encourage potential participating entities
to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its
roster during the term of this Contract.
B. PUBLIC FACILITIES. Vendor's employees maybe required to perform work at government -
owned facilities, including schools. Vendor's employees and agents must conduct themselves in
a professional manner while on the premises, and in accordance with Participating Entity
policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under
this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this
Contract; however, order flow and procedure will be developed jointly between Sourcewell and
Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating
Entity issues a purchase order, it may use its own forms, but the purchase order should clearly
note the applicable Sourcewell contract number. All Participating Entity orders under this
Contract must be issued prior to expiration of this Contract; however, Vendor performance,
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Participating Entity payment, and any applicable warranty periods or other Vendor or
Participating Entity obligations may extend beyond the term of this Contract.
Vendor's acceptable forms of payment are included in Attachment A. Participating Entities will
be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of
any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and
conditions to a purchase order, or other required transaction documentation, may be
negotiated between a Participating Entity and Vendor, such as job or industry -specific
requirements, legal requirements (e.g., affirmative action or immigration status requirements),
or specific local policy requirements. Some Participating Entitles may require the use of a
Participating Addendum; the terms of which will be worked out directly between the
Participating Entity and the Vendor. Any negotiated additional terms and conditions must
never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires
service or specialized performance requirements (such as e-commerce specifications,
specialized delivery requirements, or other specifications and requirements) not addressed in
this Contract, the Participating Entity and the Vendor may enter into a separate, standalone
agreement, apart from this Contract. Sourcewell, including its agents and employees, will not
be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or
in part, immediately upon notice to Vendor in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body
at levels sufficient to pay for the goods to be purchased;
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the
Participating Entity's requirements; or
3. Vendor commits any material breach of this Contract or the additional terms agreed to
between the Vendor and a Participating Entity.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a
Participating Entity's order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to
Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is
changed. The Account Representative will be responsible for:
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• Maintenance and management of this Contract;
• Timely response to all Sourcewell and Participating Entity inquiries; and
• Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with
Sourcewell per contract year. The business review will cover sales to Participating Entities,
pricing and contract terms, administrative fees, supply issues, customer issues, and any other
necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract
sales activity report (Report) to the Sourcewell Contract Administrator assigned to this
Contract. A Report must be provided regardless of the number or amount of sales during that
quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).
The Report must contain the following fields:
• Customer Name (e.g., City of Staples Highway Department);
• Customer Physical Street Address;
• Customer City;
• Customer State/Province;
• Customer Zip Code;
• Customer Contact Name;
• Customer Contact Email Address;
• Customer Contact Telephone Number;
• Sourcewell Assigned Entity/Participating Entity Number;
• Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Purchase was invoiced/sale was recognized as revenue by Vendor.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell,
the Vendor will pay an administrative fee to Sourcewell in the amount of two percent (2%) of
the revenue received by Vendor on all Equipment, Products, and Services provided to
Participating Entities. The Administrative Fee must be included in, and not added to, the pricing.
Vendor may not charge Participating Entities more than the contracted price to offset the
Administrative Fee.
The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated
in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased
by Participating Entities under this Contract during each calendar quarter. Payments should
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note the Vendor's name and Sourcewell-assigned contract number in the memo; and must be
mailed to the address above "Attn: Accounts Receivable" or remitted electronically to
Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments
must be received no later than 45 calendar days after the end of each calendar quarter.
Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to
ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell
reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in
any subsequent solicitation. In the event this Contract is cancelled by either party prior to the
Contract's expiration date, the administrative fee payment will be due no more than 30 days
from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Vendor's Authorized Representative is the person named in the Vendor's Proposal. If Vendor's
Authorized Representative changes at any time during this Contract, Vendor must promptly
notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records,
documents, and accounting procedures and practices relevant this Agreement are subject to
examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the
end of this Contract. This clause extends to Participating Entities as it relates to business
conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or
obligations under this Contract without the prior consent of the parties and a fully executed
assignment agreement. Such consent will not be unreasonably withheld.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective
until it has been fully executed by the parties.
D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not
waive the provision or the right to enforce it.
E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between
Sourcewell and Vendor. No other understanding regarding this Contract, whether written or
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oral, may be used to bind either party. For any conflict between the attached Proposal and the
terms set out in Articles 1-22, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent
contractors, each free to exercise judgment and discretion with regard to the conduct of their
respective businesses. This Contract does not create a partnership, joint venture, or any other
relationship such as master -servant, or principal -agent.
11. LIABILITY
Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their
agents and employees, harmless from any claims or causes of action, including attorneys' fees,
arising out of the performance of this Contract by the Vendor or its agents or employees; this
indemnification includes injury or death to person(s) or property alleged to have been caused
by some defect in the Equipment, Products, or Services under this Contract to the extent the
Equipment, Product, or Service has been used according to its specifications.
12. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell
under this Contract and as it applies to all data created, collected, received, stored, used,
maintained, or disseminated by the Vendor under this Contract.
If the Vendor receives a request to release the data referred to in this article, the Vendor must
immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond
to the request.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty -free, worldwide, non-exclusive right and
license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and
promotional materials for the purpose of marketing Sourcewell's relationship with
Vendor.
b. Vendor grants to Sourcewell a royalty -free, worldwide, non-exclusive right and
license to use Vendor's Trademarks in advertising and promotional materials for the
purpose of marketing Vendor's relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right
of each party to grant sublicenses to its and their respective distributors, marketing
representatives, and agents (collectively "Permitted Sublicensees") in advertising and
promotional materials for the purpose of marketing the Parties' relationship to Participating
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Entities. Any sublicense granted will be subject to the terms and conditions of this Article.
Each party will be responsible for any breach of this Article by any of their respective
sublicensees.
3. Use; Quality Control.
a. Sourcewell must not alter Vendor's Trademarks from the form provided by
Vendor and must comply with Vendor's removal requests as to specific uses of its
trademarks or logos.
b. Vendor must not alter Sourcewell's Trademarks from the form provided by
Sourcewell and must comply with Sourcewell's removal requests as to specific uses
of its trademarks or logos.
C. Each party agrees to use, and to cause its Permitted Sublicensees to use, the
other party's Trademarks only in good faith and in a dignified manner consistent
with such party's use of the Trademarks. Upon written notice to the breaching party,
the breaching party has 30 days of the date of the written notice to cure the breach
or the license will be terminated.
4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its
Participating Entities against any and all suits, claims, judgments, and costs instituted or
recovered against Sourcewell or Participating Entities by any person on account of the use
of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor
in violation of applicable patent or copyright laws.
5. Termination. Upon the termination of this Contract for any reason, each party, including
Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites,
and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed
catalog of vendors which may be used until the next printing). Vendor must return all
marketing and promotional materials, including signage, provided by Sourcewell, or dispose
of it according to Sourcewell's written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released
without prior written approval from the Authorized Representatives. Publicity includes notices,
informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the Vendor individually or jointly with others, or any subcontractors, with
respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be
approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator
assigned to this Contract.
D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment,
Products, or Services.
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14. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its
breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls,
Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God
or other conditions that are beyond that party's reasonable control. A party defaulting under
this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both
Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the
remainder of this Contract is capable of performance, it will not be affected by such declaration
or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and
address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and
work in good faith to resolve such dispute within a reasonable period of time. If necessary,
Sourcewell and the Vendor will jointly develop a short briefing document that describes the
issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified
above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher
level of management. The Vendor will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the
Vendor must continue without delay to carry out all of its responsibilities under the
Contract that are not affected by the dispute. If the Vendor fails to continue without delay
to perform its responsibilities under the Contract, in the accomplishment of all undisputed
work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result
of such failure to proceed will be borne by the Vendor.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract,
or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
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Written notice of default and a reasonable opportunity to cure must be issued by the party
claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated
or other damages. If the default remains after the opportunity for cure, the non -defaulting
party may:
• Exercise any remedy provided by law or equity, or
• Terminate the Contract or any portion thereof, including any orders issued against the
Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at
all times during the performance of this Contract with insurance company(ies) licensed or
authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better,
with coverage and limits of insurance not less than the following:
1. Workers' Compensation and Employer's Liability.
Workers' Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Vendor will maintain insurance covering its
operations, with coverage on an occurrence basis, and must be subject to terms no less
broad than the Insurance Services Office ("ISO") Commercial General Liability Form
CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include
liability arising from premises, operations, bodily injury and property damage,
independent contractors, products -completed operations including construction defect,
contractual liability, blanket contractual liability, and personal injury and advertising
injury. All required limits, terms and conditions of coverage must be maintained during
the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage
$1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products -Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor
will maintain insurance covering all owned, hired, and non -owned automobiles in limits
of liability not less than indicated below. The coverage must be subject to terms no less
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broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or
equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella
coverage over Workers' Compensation, Commercial General Liability, and Commercial
Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract,
Vendor will maintain coverage for network security and privacy liability. The coverage
may be endorsed on another form of liability coverage or written on a standalone
policy. The insurance must cover claims which may arise from failure of Vendor's
security resulting in, but not limited to, computer attacks, unauthorized access,
disclosure of not public data — including but not limited to, confidential or private
information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling
Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish
to Sourcewell a certificate of insurance, as evidence of the insurance required under this
Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the
Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by
a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide
certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in
this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY
INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including
their officers, agents, and employees, as an additional insured under the Vendor's commercial
general liability insurance policy with respect to liability arising out of activities, "operations," or
"work" performed by or on behalf of Vendor, and products and completed operations of
Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is
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primary and not excess over or contributory with any other valid, applicable, and collectible
insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or
otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional
insureds for losses paid under the insurance policies required by this Contract or other
insurance applicable to the Vendor or its subcontractors. The waiver must apply to all
deductibles and/or self -insured retentions applicable to the required or any other insurance
maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require
similar written express waivers of subrogation and insurance clauses from each of its
subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this
Contract can be met by either providing a primary policy or in combination with
umbrella/excess liability policy(ies), or self -insured retention.
i 9:Xd91 ►VA l 14 /_\ i s 101
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this
Contract must comply fully with applicable federal laws and regulations, and with the laws in
the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Vendor must maintain a valid and current status on all required federal,
state/provincial, and local licenses, bonds, and permits required for the operation of the
business that the Vendor conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in
writing certain information to Sourcewell related to bankruptcy actions. If at any time during
this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in
writing.
Vendor certifies and warrants that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs
operated by the State of Minnesota; the United States federal government or the Canadian
government, as applicable; or any Participating Entity. Vendor certifies and warrants that
neither it nor its principals have been convicted of a criminal offense related to the subject
matter of this Contract. Vendor further warrants that it will provide immediate written notice
to Sourcewell if this certification changes at any time.
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21. PROVISIONS FOR NON -UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or
services from this Contract may be subject to additional requirements including the
procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require
additional requirements based on specific funding specifications. Within this Article, all
references to "federal" should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Vendor's Equipment,
Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,
12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," and implementing
regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated
herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal
program legislation, all prime construction contracts in excess of $2,000 awarded by non-
federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. §
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction"). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The non-federal entity must report all suspected or reported violations to
the federal awarding agency. The contracts must also include a provision for compliance with
the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor
regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-federal entity must report
all suspected or reported violations to the federal awarding agency. Vendor must be in
compliance with all applicable Davis -Bacon Act provisions.
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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where
applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve
the employment of mechanics or laborers must include a provision for compliance with 40
U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess
of the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These requirements
do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence. This provision is
hereby incorporated by reference into this Contract. Vendor certifies that during the term of an
award for all contracts by Sourcewell resulting from this procurement process, Vendor must
comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award
meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that "funding agreement," the recipient or subrecipient
must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency. Vendor
certifies that during the term of an award for all contracts by Sourcewell resulting from this
procurement process, Vendor must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL
ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require
the non-federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor
certifies that during the term of this Contract will comply with applicable requirements as
referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award
(see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions
in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R.
§180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3
C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names
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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor
certifies that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation by any federal
department or agency.
G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file
any required certifications. Vendors must not have used federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member
of Congress in connection with obtaining any federal contract, grant, or any other award
covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that
takes place in connection with obtaining any federal award. Such disclosures are forwarded
from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures
required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 U.S.C. §
1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with
the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies
that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after
grantees or subgrantees submit final expenditure reports or quarterly or annual financial
reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor
must comply with the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply
with all applicable provisions of the Buy American Act. Purchases made in accordance with the
Buy American Act must follow the applicable procurement rules calling for free and open
competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized
representatives of a federal agency must have access to any books, documents, papers and
records of Vendor that are directly pertinent to Vendor's discharge of its obligations under this
Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right
also includes timely and reasonable access to Vendor's personnel for the purpose of interview
and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply
with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
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and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
22. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60
days' written notice to the other party. However, Sourcewell may cancel this Contract
immediately upon discovery of a material defect in any certification made in Vendor's Proposal.
Cancellation of this Contract does not relieve either party of financial, product, or service
obligations incurred or accrued prior to cancellation.
Sourcewell
DocuSigned by:
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By: 9D06489
Jeremy Schwartz
Title: Director of Operations &
Procurement/CPO
Atlantic Diving Supply, Inc. (ADS)
DocuSigned by:
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By: 87CA7CCB8E884E0...
Jason Wallace
Title: CEO
2/17/2021 1 9:07 AM CST 2/22/2021 1 6:32 AM PST
Date: Date:
Approved:
fDocuSigned by:
Y• 7E4268F817A64CC...
Chad Coauette
Title: Executive Director/CEO
2/22/2021 1 8:33 AM CST
Date:
Rev. 10/2020 17
DocuSign Envelope ID: 87F72832-ED6E-4F69-9747-C94CB5C3F7BB
RFP 011221 - Body Armor with Related Accessories, Equipment,
and Services
Vendor Details
Company Name:
Atlantic Diving Supply, Inc.
Does your company conduct
business under any other name? If
ADS Inc
yes, please state:
621 lynnhaven pkwy
Address:
ADS inc / 160
Virginia Beach, Virginia 23452
Contact:
Sean Johnston
Email:
sjohnston@adsinc.com
Phone:
757-963-8744
HST#:
54-1867268
Submission Details
Created On:
Submitted On:
Submitted By:
Email:
Transaction #:
Submitter's IP Address
Tuesday January 05, 2021 09:42:43
Tuesday January 12, 2021 12:15:21
Sean Johnston
sjohnston@adsinc.com
gal e79ec-c474-475f-aace-d84622ddfe3f
24.253.145.172
Bid Number: RFP 011221 Vendor Name: Atlantic Diving Supply, Inc.
DocuSign Envelope ID: 87F72832-ED6E-4F69-9747-C94CB5C3F7BB
Specifications
Table 1: Proposer Identity & Authorized Representatives
General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Please do not merely
attach additional documents to your response without also providing a substantive response. Do not leave answers blank; mark "NA" if
the question does not apply to you (preferably with an explanation).
Line
Item
1
2
3
4
6
Question
Proposer Legal Name (and
applicable d/b/a, if any):
Proposer Address:
Proposer website address
Proposer's Authorized
Representative (name, title,
address, email address & phone)
(The representative must have
authority to sign the "Proposer's
Assurance of Compliance" on
behalf of the Proposer and, in the
event of award, will be expected
to execute the resulting contract):
Proposer's primary contact for this
proposal (name, title, address,
email address & phone):
Proposer's other contacts for this
proposal, if any (name, title,
address, email address & phone)
Response*
Atlantic Diving Supply, Inc. (ADS)
621 Lynnhaven Parkway
Suite 160
Virginia Beach, Virginia 23452
hftps://adsinc.com
Jason Wallace, CEO
621 Lynnhaven Parkway, Suite 160
Virginia Beach, Virginia 23452
jwallace@adsinc.com
(757) 965-8347
Marisa McNemar, Senior Proposal Manager
621 Lynnhaven Parkway, Suite 160
Virginia Beach, Virginia 23452
mmcnemar@adsinc.com
(757) 275-7606
Mike Matthews, National Account Manager
621 Lynnhaven Parkway, Suite 160
Virginia Beach, Virginia 23452
mmatthews@adsinc.com
(757) 793-5733
Table 2: Company Information and Financial Strength
Line Question
Item
Response*
Bid Number: RFP 011221 Vendor Name: Atlantic Diving Supply, Inc.
DocuSign Envelope ID: 87F72832-ED6E-4F69-9747-C94CB5C3F7BB
Provide a brief history of your company,
Atlantic Diving Supply, Inc. (ADS) is a small business leader in the operational
including your company's core values,
equipment and logistics industry. Our mission to serve those who serve is rooted in
business philosophy, and industry longevity
our commitment to our employees, our industry, and, most importantly, our customers.
related to the requested equipment, products
At ADS we believe that every hero deserves to come home, and this fuels our
or services.
passion to provide unparalleled service and innovative solutions to our customers.
With a highly motivated team comprised of retired US military and government
business professionals, we are dedicated to delivering unmatched expertise and only
the best products and services available.
In 2000, Atlantic Diving Supply was awarded our first major contract from the
Defense Logistics Agency (DLA) as a prime vendor for marine lifesaving, diving, and
search and rescue equipment. This contract afforded ADS a new level of credence
in conducting business with the Federal Government and paved the way for our
continued growth. Since 2000, we have been awarded numerous contracts, including
13 separate Tailored Logistics Support (TLS) contracts, such as multiple iterations of
the Maintenance Repair and Operations (MRO), Special Operational Equipment
(SOE), and Fire & Emergency Services Equipment (F&ESE) Programs. Through
these efforts, ADS has been ranked as one of DLA's top -ten suppliers for several
years, delivering more than $10 billion in equipment on over 400,000 individual
orders.
Founded in 1997, ADS has been proudly serving military customers for over two
decades. Starting as a dive shop providing critical equipment for Navy SEALS,
ADS's roots are in special operational equipment and it has remained a key product
offering throughout our history.
Over 20 years ago ADS began operating as a Prime Vendor/TLS provider to DLA,
and we have continued supplying military customers with operational equipment to
destinations around the globe ever since. ADS provides total logistics support to
supply customers with thousands of unique products, providing our customers over $3
billion in equipment in 2019.
ADS' core values serve as a compass for the actions our employees take and the
decisions we make. Our core values include:
• Commitment - Our all -in commitment to our customers means constructively
questioning behaviors and activities that run counter to our mission and values. We
are committed to keeping our eye on the goal and following through.
• Initiative - Digging beneath the obvious is the key to our success. We aren't
afraid to go beyond expectations in order to uncover the real problems so that we
can provide the best solution.
• Attitude - We believe in displaying an infectiously energizing spirit, approaching
challenges and change with positivity, and being a battery charger for those around
us.
• Drive - Giving up is not an option. Our indomitable will to win and 100% effort
sets us apart and allows us to turn ideas into results.
• Innovation - The ADS Team is known for challenging the status quo and
identifying new ways to solve problems. This applies to both customer's problems
and getting work done.
• Accountability - We hold each other and ourselves accountable to follow through
on commitments, own up to mistakes and meet or beat deadlines.
What are your company's expectations in the ADS' expectations in the event of the award are to take the customers needs and
event of an award? provide them with a solution on time and on target. ADS is a nimble company in
that we have a sales force devoted to each category of clothing and equipment that
a military, or law enforcement customer may need to complete their mission. ADS'
expectation is the same for every order - to ensure we provide the end user with the
best equipment on -time and on -target.
Bid Number: RFP 011221 Vendor Name: Atlantic Diving Supply, Inc.
DocuSign Envelope ID: 87F72832-ED6E-4F69-9747-C94CB5C3F7BB
Demonstrate your financial strength and
stability with meaningful data. This could
include such items as financial statements,
SEC filings, credit and bond ratings, letters
of credit, and detailed reference letters.
Upload supporting documents (as applicable)
in the document upload section of your
response.
10 What is your US market share for the
solutions that you are proposing?
11 What is your Canadian market share for the
solutions that you are proposing?
12 Has your business ever petitioned for
bankruptcy protection? If so, explain in detail.
13 How is your organization best described: is it
a manufacturer, a distributor/dealer/reseller, or
a service provider? Answer whichever
question (either a) or b) just below) best
applies to your organization.
a) If your company is best described as a
distributor/dealer/reseller (or similar entity),
provide your written authorization to act as a
distributor/dealer/reseller for the manufacturer
of the products proposed in this RFP. If
applicable, is your dealer network
independent or company owned?
b) If your company is best described as a
manufacturer or service provider, describe
your relationship with your sales and service
force and with your dealer network in
delivering the products and services proposed
in this RFP. Are these individuals your
employees, or the employees of a third party?
14 If applicable, provide a detailed explanation
outlining the licenses and certifications that
are both required to be held, and actually
held, by your organization (including third
parties and subcontractors that you use) in
pursuit of the business contemplated by this
RFP.
15 Provide all "Suspension or Debarment"
information that has applied to your
organization during the past ten years.
ADS has ample financial capability and capital to perform on this contract. The
primary source of financing for the contract is ADS' $215 million line of credit with a
syndicate of banks led by Wells Fargo. This line of credit has been in place since
March 2011. The original agreement had a five year maturity date, but was
extended in June 2015 and again in July of 2018 with a maturity date of July 2023.
There is no reason to believe the company would have any trouble extending further
given its past performance with covenant compliance and its financial results.
ADS is subject to annual audits and quarterly reviews by BDO USA, LLP, a leading
global audit firm, ensuring the company's finances are kept in accordance with
Generally Accepted Accounting Principles. In addition, the company is subject to
annual bank audits from Wells Fargo with regard to the collateral supporting its line
of credit. Finally, for the past several years, ADS has been subject to numerous
financial capability assessments from the Defense Contract Management Agency
("DCMA") in support of its numerous Department of Defense contracts.
Evidence of ADS' financial capability can be found in supporting documents section
under "Financial Strength and Stability".
With the current selection of vendors, our US market share over the past 3 years
represents $42.8M in revenue. However, ADS works with many vendors with similar
capabilities in the realm of Body Armor and relevant accessories which are not
included in this proposal, but are key partners in our response to other US
contracts. A broader answer to Body Armor and relevant accessories by vendor
would be more complicated answer, but could be reviewed by our Data Analytics
team by request from Sourcewell.
ADS' Canadian Market Share for the last 3 years is over $11.8M
20
ADS is a distributor. Written authorization from each of the OEMS offered in this
response can be found in the Supporting Document section.
The companies that we use all go through ADS' due diligence and are checked
against a denied party screening to ensure that they are able to fulfill the
commodities that are restricted by EAR/ITAR (ie: soft body armor, hard armor plates,
etc). ADS understands that any parties exporting body armor under a license or
exemption must be registered with the Directorate of Defense Trade Controls (DDTC)
under Section 122.2. The companies that ADS works with are all vetted through a
rigorous vendor approval process that checks their standing as a viable business
(maintaining the proper business licenses/certifications/etc) to ensure they are a safe
network to offer to our customers by ensuring they are in good financial/reputable
standing. If any proof of licensing is required, we will make it available upon request.
ADS does not have any suspension or debarment information to disclose.
Bid Number: RFP 011221 Vendor Name: Atlantic Diving Supply, Inc.
DocuSign Envelope ID: 87F72832-ED6E-4F69-9747-C94CB5C3F7BB
Table 3: Industry Recognition & Marketplace Success
Line Question
Item
Response*
16 Describe any relevant industry awards or In the last 20 years of working with the Defense Logistics Agency (DLA), ADS has
recognition that your company has received been ranked one of DLA's top -ten suppliers several times. Additionally, Bloomberg
in the past five years releases an annual ranking known as the BGOV200 which includes the top 200
federal contractors based on prime contracts awarded in the previous year. ADS
has consistently climbed the rankings year after year, and based on our 2018
performance has been ranked:
17 What percentage of your sales are to the
governmental sector in the past three years
18 What percentage of your sales are to the
education sector in the past three years
19 List any state, provincial, or cooperative
purchasing contracts that you hold. What is
the annual sales volume for each of these
contracts over the past three years?
20 List any GSA contracts or Standing Offers
and Supply Arrangements (SOSA) that you
hold. What is the annual sales volume for
each of these contracts over the past three
years?
Table 4: References/Testimonials
#1 DLA Supplier
#17 GSA Contractor
#22 Federal Government Contractor
ADS has also received accolades to include:
- Inc. 500 - America's 5th Fastest Growing Private Companies
- EY - Entrepreneur of the Year Award Winner
- U.S. Veterans Magazine - Top Veteran -Friendly Company
- Military Friendly Brand
- Military Friendly Employers Award
91.2%
Zero.
New York Hazardous Incident Response Equipment (NYHIRE): Annual sales for the
last three years:
2020 $61,435
2019 $763,403
2018 $480,544
ADS holds 7 GSA contracts. These contracts and their sales for the last three
years are outlined below:
- GS-07F-5965P - $244,401,889
- GS-07F-6072P - $26,494,551
- GS21 F-0110X - $401,799
- GS-07F-358AA - $11,600,654
- 47QSMA19D08Q1 - $895,193
- GS-02F00238R - $771,704
- V797P-2135D - $90,211
Line Item 21. Supply reference information from three customers who are eligible to be Sourcewell participating entities.
Entity Name * Contact Name * Phone Number*
United States Department of Justice Broderick Morris Office (202) 307-8694
United States Marshalls Kenneth Fuller Phone: 912-267-2276
FBI Defensive Systems Unit Patrick Keefe Phone: 202-616-0740 I'
Table 5: Top Five Government or Education Customers
Line Item 22. Provide a list of your top five government, education, or non-profit customers (entity name is optional),
including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar
volumes from the past three years.
Entity Name I Entity Type *
State / Scope of Work
Province *
Size of Transactions * Dollar Volume Past Three
Years *
Bid Number: RFP 011221 Vendor Name: Atlantic Diving Supply, Inc.
DocuSign Envelope ID: 87F72832-ED6E-4F69-9747-C94CB5C3F7BB
Defense Government Pennsylvania - Total Logistics Support (TLS) for
Logistics PA the Special Operational
Agency Equipment (SOE) and Fire &
Emergency Services (FES)
requirements of DLA customers
to include military installations
and federal activities worldwide
via two 5-year IDIQs, the Tailored
Logistics Support Programs.
These are small business set
asides in which various delivery
orders are competed among
select prime vendors (between 4
and 6 historically). ADS is the
only company of the current
primes to hold these contracts
over the life of both programs.
The product scope for the SOE
contract exactly matches the
types of products found in the
requirements on RFQ 011221
including but not limited to: load
carriage, survival gear and kits,
tactical equipment, personal
protection, eyewear and vision
enhancement.
Tobyhanna Government Pennsylvania - Tobyhanna Army Depot supports
Army Depot PA Warfighter readiness in creating
sustainable and innovative
requisition choices through
planning, development,
implementation and advancement
of project management. They
partner with ADS to utilize our
various rapid acquisition contracts
to further support these efforts
ensuring just in time delivery and
preapproved fair and reasonable
pricing. These projects include
but are not limited to
maintenance, repair, and
operations (MRO) support, C41SR
(command, control,
communication, computers,
intelligence, surveillance and
reconnaissance), tactical
equipment, and weapons
accessories.
PMM 170 Government Virginia - VA The Marine Corps PMM 170 is
Network and a program office which utilizes
Infrastructure ADS' rapid acquisition contracts
to support requisition of complex
integration projects, specifically
within the IT sphere, but also to
include C41SR (command, control,
communication, computers,
intelligence, surveillance and
reconnaissance), as well as their
weapons support items and
optical requirements. PMM 170
partners with ADS allowing us to
assist with centralized planning to
support and execute short term
logistics.
SOE TLS is a 5 Year
$10B IDIQ.
FES TLS is 5 Year $513
IDIQ.
$7.9713
166 delivered orders in 3 $319.9M
years, averaging $1.9M
per order
125 delivered orders in 3 $211.3M
years, averaging $1.7M
per order
Bid Number: RFP 011221 Vendor Name: Atlantic Diving Supply, Inc.
DocuSign Envelope ID: 87F72832-ED6E-4F69-9747-C94CB5C3F7BB
Federal Government
District of Though not our largest customer
Bureau of
Columbia - DC from a revenue perspective, the
Investigation
needs and unique contract
(FBI)
solutions provided by ADS to the
FBI speak directly to the logistics
requirements and commodities
requested in this RFP. In
addition to the common
purchases supported through
ADS rapid acquisition contracts,
FBI decision makers have
worked closely with ADS and key
partner vendors to design and
tailor Body Armor (and all
necessary accessory) contract
programs. The duties of the
contractor on these programs
include non -contact sizing
processes, SOP for
return/replacement, warranty flow
down, marketing support, and
tailored e-commerce support to
FBI throughout CONUS. The
protection afforded FBI Special
Agents and other designated
personnel by ULV (Ultra Low
Visibility) concealable armor, as
well as the OIA (Overt Integrated
Armor) are both paramount to
Federal agent survival in the
execution of required duties. ADS
is responsible for providing ULV
and OIA armor to the entire FBI
agency including existing agents
and new hire agents. Similar
programs have been implemented
and adapted for DHS, DOJ, and
other federal agencies.
United States Government
Virginia - VA Similar to the FBI, the US
Marshalls
Marshalls (USMS) are a
(USMS)
consistent ADS customer utilizing
our rapid acquisition logistics
support in commodity acquisition
and contract management.
USMS procurements run the
gamut from standards special
operational and tactical
equipment, C41SR equipment,
weapons accessories, operational
clothing, expeditionary equipment,
etc. Specific to this RFP, the
USMS worked with ADS and key
partner vendors to create two 5
year IDIQs, worth a cumulative
$25M, supporting the USMS
Training Division (TD). These
contracts requires the services of
a contractor that has the
capability to provide Ballistic
Shields and Wide Body Armor to
be used in the safety of the
Deputy U.S. Marshals. U.S.
Marshals need ballistic protection
to be able to perform its daily
mission of protecting the
courthouses, hunting fugitives, etc.
ADS is responsible for providing
life saving equipment to the
entire USMS agency including
existing agents and new hire
agents, assisting with no -contact
sizing, streamlining
returns/exchanges, flow down
warranty, and online e-commerce
support.
6793 orders in 3 years
3916 order is 3 years
$34M
$13.5M
Bid Number: RFP 011221 Vendor Name: Atlantic Diving Supply, Inc.
DocuSign Envelope ID: 87F72832-ED6E-4F69-9747-C94CB5C3F7BB
Table 6: Ability to Sell and Deliver Service
Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your
response should address in detail at least the following areas: locations of your network of sales and service providers, the number of
workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party),
and any overlap between the sales and service functions.
Line
Item Question Response*
23 Sales force. ADS' organizational structure includes an experienced Sales Team comprised of
retired US military and government business professionals. Our Sales Team connects
with industry -leading suppliers and stay abreast of new and emerging technologies that
could enhance our customers' capabilities. Our workforce includes many veterans from
all military branches with practical knowledge of how to identify quality products to
ensure mission success. ADS' Sales Team maintains awareness of our customers'
most desired products, seeking out government -approved suppliers and specifically
developing relationships with them to ensure we consistently meet our customers'
needs.
ADS' Sales Team is divided into Market and Vertical Teams. Our Market Teams
manage our relationships with suppliers and customers at the program level and are
cross-matrixed with Vertical Teams which manage the unit level customer relationships
within each branch of service or other grouping.
Over the last 20 years, ADS has developed a sales organization that includes over
200 trained Sales Representatives worldwide who are able to communicate the
contract capabilities and make customer visits.
As part of ADS' Sales Team, we have a designated Organizational Clothing &
Individual Equipment (OCIE) Team that focuses on product sourcing and managing
relationships with suppliers and customers at the program level. Our OCIE Team
manages our business alliances and contractual relationships, ensuring ADS has
access to all of the products our customer's need to successfully complete their
missions. While the OCIE team focuses on the products provided under this contract,
our additional Market Team focus areas are:
Aviation
C41SR
Countering Weapons of Mass Destruction
Expeditionary
Maintenance, Repair & Operations
Medical
Weapons & Optics
ADS' Vertical Teams include:
Air Force
Army
Europe
Federal
Navy/USMC
SOCOM
Bid Number: RFP 011221 Vendor Name: Atlantic Diving Supply, Inc.
DocuSign Envelope ID: 87F72832-ED6E-4F69-9747-C94CB5C3F7BB
24 Dealer network or other distribution methods. Once potential suppliers are identified, ADS initiates our rigorous selection program to
ensure we source quality parts and materials from the most responsive and
responsible companies available. ADS evaluates suppliers based on their:
Past performance
Reputation for reliability
Financial responsibility
Approach to customer service
On -time delivery
Order accuracy
Cost competitiveness
Product quality and quality assurance measures
Compliance with industry standards
In addition to our large supplier network, ADS has ongoing relationships with more
than 20 CONUS and OCONUS transportation providers that ensure we will continue to
efficiently and effectively distribute orders to our customers worldwide. In the last 20
years, ADS has delivered products to over 140 countries throughout the world.
ADS ensures we partner with reliable, responsible, and responsive suppliers and
transportation providers to deliver high quality products to our customers, reducing
potential warranty, return, and discrepant order scenarios.
When items are shipped directly from the supplier, ADS works with our suppliers to
track the delivery of each product using the following real-time metrics:
- Initial Ship Date — The date initially provided by the supplier at the time of
purchase order.
Final Ship Date — The last provided by the supplier prior to shipment.
Contract Required Date — The date ADS is held to by contract terms.
Customer Need by Date — Any verbal date the customer has provided.
We also calculate the expected days to ship and will coordinate with our transportation
providers to ensure timelines are clear and accurate. This number is shown to the
ADS Sales Representative on every quote line so they can compare the supplier
promised date against their performance. If the supplier quoted lead time drastically
differs, the designated ADS representative is empowered with solid data to address
performance issues with the supplier and reduce delivery risk. ADS aims to set
realistic delivery expectations with our customers to meet their deadlines.
25 Service force. ADS and our suppliers have a streamlined process that enables our customers to not
require a services component to the products offered under this contract. Items
purchased will include easy to use pamphlets that allow for self -sizing and training.
We have reiterated the below in Table 8: Value -Added Attributes section below.
Training and fitting is provided through easy -to -use pamphlets that can be referenced
by the customer and should be a sufficient guide to help to order equipment without
the need to fly someone out to each location. If additional training/fitting is required,
High Ground Gear/Ehmke Manufacturing will fly someone out to the location that
purchased either $50K in product on one delivery order, OR a quantity of 100
concealable vests on one delivery order. This additional training is at the discretion of
High Ground Gear/Ehmke Manufacturing and will need to be approved by the on a
case by case basis. Additional fitting/training is subject to a fee depending upon the
location of the end users and will be quoted at the time of purchase if the above two
criteria are not met, or it is not approved by the supplier.
*For the Bomb Suits only - MED ENG can provide bomb suit training if need to
include sizing for all bomb suits. This is optional for the squads. We will send out
trainers at no cost to the department.
For the K9 Vests, our partner supplier Eagle Industries has a great system to limit the
need for sizing dogs on the spot. If the customer selects the CAV Vest Package
(Part Number: CAV-2-PKG-[color]) then the customer will be shipped a sizing vest that
they will secure on the dog. The sizing vest allows the owner to strap the vest on
the dog which will then give you a series of numbers/letters to help achieve the
correct fit. This is a sized -to -fit solution that comes with additional zipper panels
incase the dog were to fluctuate in size.
Bid Number: RFP 011221 Vendor Name: Atlantic Diving Supply, Inc.
DocuSign Envelope ID: 87F72832-ED6E-4F69-9747-C94CB5C3F7BB
26 Describe in detail the process and
ADS' number one priority is to ensure legendary customer service and complete
procedure of your customer service
customer satisfaction. Each individual ADS employee works toward the same mission
program, if applicable. Include your
of serving those who serve because we believe every hero deserves to come home.
response -time capabilities and
Our company is our people, and we provide the highest level of customer service
commitments, as well as any incentives that
because our culture of excellence and the core values of commitment, attitude,
help your providers meet your stated
initiative, innovation, drive, and accountability are instilled throughout our workforce.
service goals or promises.
27 Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities in the
United States.
28 Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities in Canada.
29 Identify any geographic areas of the United
States or Canada that you will NOT be fully
serving through the proposed contract.
30 Identify any Sourcewell participating entity
sectors (i.e., government, education, not -for -
profit) that you will NOT be fully serving
through the proposed contract. Explain in
detail. For example, does your company
have only a regional presence, or do other
cooperative purchasing contracts limit your
ability to promote another contract?
Customer service is paramount to ADS, as proven by our Net Promoter Score (NPS)
of 77 in calendar year 2019 (far exceeding the benchmark "legendary service" score
of 70). The NPS is the industry standard for measuring customer satisfaction and
loyalty, and our score indicates that our customers are highly satisfied with our work
and are very likely to promote ADS to their friends and colleagues.
To ensure the highest level of customer service, ADS has a designated Customer
Loyalty Team that focuses on our customer's complete satisfaction. This team assists
customers by fielding phone calls and emails to answer questions and/or provide
solutions when able. Customer Loyalty manages returns and exchange orders while
also handling any changes or problems once an order is placed. This team identifies
problems hindering the customer's experience and works towards resolution to ensure
our customers can complete their mission.
ADS' Customer Loyalty Team is available to answer all incoming requests 24 hours
per day by calling the ADS toll -free number (866-845-3012) or emailing our Customer
Loyalty Team (customercare@adsinc.com) who will forward the request to appropriate
personnel. A technical expert will respond to any request for assistance within 24
hours of message receipt and will assist customers with order tracking and problem
resolution for any service or quality issues, quantity discrepancies, and warranty
disputes, ensuring customer satisfaction.
ADS has over 20 years of distributing and delivering equipment CONUS and
OCONUS. For every order ADS receives, we take into account delivery requirements,
time frame and the destination for the equipment being shipped. ADS delivers
approximately 60,000 orders annually to a wide variety of locations, including
numerous delivery points within the United States.
In addition to ADS' proven success with deliveries of EAR99, EAR/ITAR restricted
products OCONUS, our main supplier High Ground Gear (a product division of Ehmke
Manufacturing Company, Inc) regularly provides its wide product offering (tactical nylon
gear, soft body armor and hard armor plates) to the Royal Canadian Mounted Police
(RCMP), the Calgary Police, the Canadian DOD, and the Canadian Special
Operations Regiment. ADS' and our partner's abilities and understanding of shipping
the type of product requested on this RFP does require a lot of knowledge to
properly file with customs, as well as filing for export licenses. ADS has a dedicated
Compliance Manager to ensure all rules and regulations are followed when delivering
restricted products OCONUS. This knowledge is especially important to mitigate the
risk of shipping delays, which ultimately can impact the end user's mission.
Though ADS does not anticipate limiting logistics support to any section of the US or
Canada, there are considerations with ITAR controlled items (such as ballistic armor)
which require ITAR and or Commerce Control licenses which could delay and/or
prohibit certain order executions OCONUS. ADS has a fully engaged Export
Compliance team which can assist, but the consideration of ITAR was not mentioned
in the RFP or the sample contract, so is being mentioned here as a potential
consideration of Sourcewell's partner selection. This will need to be reviewed on a
case by case basis based on requested product and manufacturer restrictions.
ADS does not anticipate any limitations on participating entity sectors
31 Define any specific contract requirements or ADS currently ships armor to Hawaii (Honolulu) & Alaska (Anchorage) along with
restrictions that would apply to our Puerto Rico (San Juan) & Virgin Islands. We do not anticipate any issues shipping to
participating entities in Hawaii and Alaska these locations, as ADS already supports federal offices in these locations.
and in US Territories.
Table 7: Marketing Plan
Line Question Response"
Item
Bid Number: RFP 011221 Vendor Name: Atlantic Diving Supply, Inc.
DocuSign Envelope ID: 87F72832-ED6E-4F69-9747-C94CB5C3F7BB
32 Describe your marketing strategy for
In addition to ADS' 200 person Sales Team who will communicate and market the contract
promoting this contract opportunity.
to eligible customers and potential new suppliers, ADS has a dedicated Marketing
Upload representative samples of your
Department. Our Marketing Team strategy focus on Integrated Marketing, Events and
marketing materials (if applicable) in
Brands, as outlined below:
the document upload section of your
response.
Integrated Marketing:
• Lead Nurturing
• Existing Customer Communications
• Email Marketing
• Marketing Systems
• Analytics
Events:
• Hosted and Attended Event Experiences
• Event Analytics / Insights
• Event Lead Capture
• Event Marketing
Brand:
• Brand Strategy
• Marketing Collateral Development
• Social Media
• Digital Advertising
• Search Engine Optimization
• Corporate Communications and Public Relations
• Product and Capability Catalogs
Evidence of ADS' marketing assets can be viewed at https://adsinc.com/catalogs. A small
sample has been provided in the supporting documents section as well.
ADS' Marketing Team will work in conjunction with our Sales Team and Sourcewell to
provide high quality, detailed marketing materials and distribution assistance as requested
through this contract.
33 Describe your use of technology and
ADS tracks the performance of all marketing activities. Our designated Marketing Team
digital data (e.g., social media,
monitors current events in order to publish the most engaging content relevant to both our
metadata usage) to enhance
suppliers and customers. Our website is constantly optimizes metadata and content in order
marketing effectiveness.
to achieve better search engine optimization performance and increase conversions from all
sources. At both virtual and in -person events, robust lead capture and nurturing is utilized in
order to streamline customer contact.
34 In your view, what is Sourcewell's role
ADS antipicates utilizing our own marketing department to create collateral to distribute to
in promoting contracts arising out of
existing SLED customers by advertising the support capability of a Sourcewell cooperative
this RFP? How will you integrate a
agreemnt. ADS employees full time designated sales staff, assigned by territory, which
Sourcewell-awarded contract into your
would encourage distribution to new customers by our in territory, either in person as part
sales process?
of sales presentations (COVID permitting) and also in the virtual environment through
targeted email and virtual tradeshow campaigns. In our current partnership under existing
contracts with the Defense Logistics Agency, contract clauses include joint promotion of
contract capabilities, both by DLA and the Prime Awardee (ADS). These efforts are
performed at no cost to the Government. ADS would also be very open to discussion on
joint promotion of resulting with Sourcewell capabilities as well.
35 Are your products or services
ADS has successfully built e-commerce sites directed towards specific customers based on
available through an e-procurement
awarded contracts. Users are provided unique log in's and sites are easy to navigate.
ordering process? If so, describe your
Sales support personnel are available 24/7 should any problems arise. Our full vendor
e-procurement system and how
portfolio is not available to general public online; pricing disparities due to differing contract
governmental and educational
fees affect end user pricing to such a degree that one generic web platform would be
customers have used it.
untenable. ADS also does not sell to the general public.
For example, the Air Force BAMS (Battlefield Airmen Management System) a web -based
database system used by all Air Force career fields from 2007-2012 shipping worldwide.
ADS helped create the BAMS program in order to better service the unique product
requirements of the Air Force Special Operations community. BAMS customers place
orders through a website that allows users to request standardized materials assembled for
a specific battlefield airmen's mission. This system promoted equipment accountability,
management, and control of funds for over 11,000 users. Following BAMS, ADS adapted,
improved on, and grew our e-commerce capabilities for customers with similar requests
and mission requirements.
Specifically related to this RFP, we currently have (3) e-commerce websites specifically with
the FBI in which we sell Body Armor and relevant accessories. In the supporting documents
section please see "Table 7 — Line Item 35 - ADS & FBI ECOM Solutions 2020" for
additional details. If requested as part of the contract, Sourcewell could receive its own fully
operational, unique log in e-commerce site within 60 days.
Table 8: Value -Added Attributes
Bid Number: RFP 011221 Vendor Name: Atlantic Diving Supply, Inc.
DocuSign Envelope ID: 87F72832-ED6E-4F69-9747-C94CB5C3F7BB
Line
Item
Question
Response*
36 Describe any product, equipment,
ADS and our suppliers have a streamlined process that enables our customers to not
maintenance, or operator training
require a services component to the products offered under this contract. Items purchased
programs that you offer to
will include easy to use pamphlets that allow for self -sizing and training. We have reiterated
Sourcewell participating entities.
the below in Table 8: Value -Added Attributes section below.
Include details, such as whether
Training and fitting is provided through easy -to -use pamphlets that can be referenced by the
training is standard or optional,
customer and should be a sufficient guide to help to order equipment without the need to fly
who provides training, and any
someone out to each location. If additional training/fitting is required, High Ground
costs that apply.
Gear/Ehmke Manufacturing will fly someone out to the location that purchased either $50K in
product on one delivery order, OR a quantity of 100 concealable vests on one delivery
order. This additional training is at the discretion of High Ground Gear/Ehmke Manufacturing
and will need to be approved by the on a case by case basis. Additional fitting/training is
subject to a fee depending upon the location of the end users and will be quoted at the
time of purchase if the above two criteria are not met, or it is not approved by the supplier.
*For the Bomb Suits only - MED ENG can provide bomb suit training if need to include
sizing for all bomb suits. This is optional for the squads. We will send out trainers at no
cost to the department.
For the K9 Vests, our partner supplier Eagle Industries has a great system to limit the need
for sizing dogs on the spot. If the customer selects the CAV Vest Package (Part Number:
CAV-2-PKG-[color]) then the customer will be shipped a sizing vest that they will secure on
the dog. The sizing vest allows the owner to strap the vest on the dog which will then give
you a series of numbers/letters to help achieve the correct fit. This is a sized -to -fit solution
that comes with additional zipper panels incase the dog were to fluctuate in size.
37
Describe any technological
ADS' products proposed under this contract offer the proven ballistic protection that stands
advances that your proposed
up to NIJ certification. All materials used are heavily used within the industry, however, our
products or services offer.
partner's construction and manufacturing processes are what set our offer apart from our
competitors.
EOD 10/ EOD 10E are certified under the NIJ CR-0117.00 & NIJ - 0117.01, Public Safety
Bomb Suit Certification Program.
38 Describe any "green" initiatives
ADS' mission to support every hero so that they may safely return home, includes supporting
that relate to your company or to
DOD initiatives promoting efficiency, sustainability, and environmental stewardship. We are
your products or services, and
constantly looking to improve upon our processes and impact on the world around us. ADS'
include a list of the certifying
has dedicated resources focused on expanding our relationships with leaders in the green
agency for each.
energy and renewable resources sector and promoting these green companies within the
Department of Defense. A few companies ADS has partnered with to learn more about
how we can improve our green initiatives include:
39 Identify any third -party issued eco-
labels, ratings or certifications that
your company has received for the
equipment or products included in
your Proposal related to energy
efficiency or conservation, life -cycle
design (cradle -to -cradle), or other
green/sustainability factors.
40 Describe any Women or Minority
Business Entity (WMBE), Small
Business Entity (SBE), or veteran
owned business certifications that
your company or hub partners
have obtained. Upload
documentation of certification (as
applicable) in the document upload
section of your response.
Energy Focus - Shipboard LED lighting reduces shorepower energy consumption by nearly
50%, effects which are realized at bases and ports -of -call all over the world.
LexTM3 AMMPS Microgrid - Selling products that utilize Tactical Microgrid Standards reduces
JP-8 and Diesel fuel consumption during training and deployments. There is less opportunity
for fuel spills, shorter generator runtimes, and more efficient combustion of the fuel.
Opsdirt - Opsdirt is an environmentally safe product that is used to build temporary roads,
runways, and any other type of surface where concrete or asphalt might have been the first
choice. The solution is mixed with the existing dirt and hardens in a few days. Once
operations have completed, and the area is being evacuated, the surfaces can be broken up
with heavy equipment graders, or left to naturally decompose.
We are continuing our pursuit to improve our green initiatives and reduce our environmental
impact.
As outlined above, ADS continues to work on our green initiatives through our long standing,
and newly developed partnerships.
As per the Small Business Administration guidelines, ADS is self -certified small business
with under 500 employees. Additionally, our suppliers, High Ground, Med Eng and Blueridge
Armor are small businesses.
Bid Number: RFP 011221 Vendor Name: Atlantic Diving Supply, Inc.
DocuSign Envelope ID: 87F72832-ED6E-4F69-9747-C94CB5C3F7BB
41 What unique attributes does your
ADS is a unique service provider in that we have several different vendors per product
company, your products, or your
category. As we read the RFP and questions regarding this solicitation and we discovered
services offer to Sourcewell
that we have the opportunity to add on products (with approval) after we submit this initial
participating entities? What makes
bid, we have even a wider breadth of products to offer and we feel strongly that we can
your proposed solutions unique in
meet the need of the customer for whatever item they may need to complete their mission.
your industry as it applies to
Sourcewell participating entities?
ADS' portfolio of partner vendors and manufacturers all us to handle the logistic support, as
well as the contracting maintenance, so we can help them stay on track and on target by
doing what they do best, while providing the end user only one person to contact to take
care of their entire order that may consist of multiple vendors to fulfill. We feel that this is
an enormous value add to the customer to save time to ensure they receive the products
they need even faster.
Bid Number: RFP 011221 Vendor Name: Atlantic Diving Supply, Inc.
DocuSign Envelope ID: 87F72832-ED6E-4F69-9747-C94CB5C3F7BB
Table 9: Warranty
Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure,
and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document
upload section of your response in addition to responding to the questions below.
Line
Item
Question
Response'
42 Do your warranties cover all products, parts, and
Regarding the concealable/tactical vests, High Ground provides a lifetime
labor?
warranty against manufacturing defects and workmanship. All NIJ 0101.06
ballistic products (hard and soft) are warrantied for a time of 5 years IAW
NIJ 0101.06. The 5 year warranty starts after 5 years after receipt of the
product by the customer.
"The K9 vests from Eagle Industries warranty also covers manufacturing
defects and workmanship.
*The shields offered by ADS for this RFP opportunity is a 5 year warranty
'Bomb Suits from Med-Eng warrants that their products will be free from
defects in materials and/or workmanship for a
period of twelve (12) months except for; a) Med-Eng EOD 9, EOD 10, and
TAC 6 products which are
covered for a period of twenty-four (24) months (excludes rechargeable
batteries) and; (b) Med-Eng
Hook & Line ("HAL") products which are covered by a limited lifetime
warranty. Warranty commences
on the date of delivery of the products to the Buyer, unless otherwise agreed
between the Parties.
43
Do your warranties impose usage restrictions or
For tactical nylon products it will be determined if there is a failure due to
other limitations that adversely affect coverage?
manufacturing workmanship, and not by the use of the product.
44 Do your warranties cover the expense of
No- All items that are approved by the OEM to be covered under the
technicians' travel time and mileage to perform
warranty to either be reworked for repair or replaced can almost always be
warranty repairs?
identified via pictures sent in an email. At that time, after approval, the item
will need to be shipped back to the manufacturer for such repair work to be
completed.
45
Are there any geographic regions of the United
N/A - Please see the above response for warranty repair information.
States or Canada (as applicable) for which you
cannot provide a certified technician to perform
warranty repairs? How will Sourcewell participating
entities in these regions be provided service for
warranty repair?
46 Will you cover warranty service for items made by Similar to all Body Armor and relevant accessory contracts ADS currently
other manufacturers that are part of your proposal, manages and has previously discussed, we will pass on the manufacturers
or are these warranties issues typically passed on warranty and assist, both through automated processes and dedicated
to the original equipment manufacturer? Customer Loyalty After Sales Specialists, any customer requiring warranty
assistance. All manufacturers have warranty letters that details what is
covered which can be provided at point of sale. When it comes to
manufacturer warranties for Body Armor specifically, the industry average is 5
years. ADS warranty claims have step by step return/exchange process
available on request, freight paid by ADS or vendor partner depending on
the reasons for return.
47
What are your proposed exchange and return
ADS flows down our manufacturer's warranty terms to include returns and
programs and policies?
exchanges. The policy for the items included under this bid are as follows:
30 Days for returns on Nylon and Carriers (with a 15% restocking fee).
No returns on hard armor unless prior approval has been received by the
manufacturer.
48 Describe any service contract options for the items In addition to dedicated full time territory Sales Representatives within the
included in your proposal. State and Local market available to assist, ADS employs a full time
Customer Loyalty Associates available 24/7 empowered to assist with any
after order issues. ADS has perfected low impact, no contact sales of Body
Armor and relevant accessories to minimize the need for in person contact.
This has streamlined and improved our ability to respond to and assist
customers with service issues. In direct relation to the products being offered,
no additional in person services are required or provided as part of our offer
at this time. For full details on ADS' Customer Loyalty Team, please see
Table 6 - Line Item 26.
Bid Number: RFP 011221 Vendor Name: Atlantic Diving Supply, Inc.
DocuSign Envelope ID: 87F72832-ED6E-4F69-9747-C94CB5C3F7BB
Table 10: Payment Terms and Financing Options
Line
Item
Question
Response*
49
What are your payment terms (e.g., net 10, net 30)?
Net 30.
50
Describe any leasing or financing options available for use
No leasing or financing options are offered at this time.
by educational or governmental entities.
51 Briefly describe your proposed order process. Include
enough detail to support your ability to report quarterly
sales to Sourcewell as described in the Contract template.
For example, indicate whether your dealer network is
included in your response and whether each dealer (or
some other entity) will process the Sourcewell participating
entities' purchase orders.
52 Do you accept the P-card procurement and payment
process? If so, is there any additional cost to Sourcewell
participatinq entities for using this process?
Table 11: Pricing and Delivery
ADS uses an Oracle system to book orders, track invoices, provide
purchase order acknowledgement and shipping notices. This enables
us to keep through documentation on each order. The system allows
us to store information about customers, suppliers, and products;
automate the conversion of entered sales orders to purchase
requisitions; manage our inventory system; process shipments; track
orders and delivery dates; automate our invoicing process and more.
By utilizing a robust database with unbreakable grid infrastructure,
ADS can expedite the ordering process, forecast demand, and
streamline the procurement supply chain, reducing costs and ensuring
our customer's requirements are met.
Once an order is received, it is categorized based on delivery
requirements and entered into the ADS Oracle system for tracking
within 24 hours of receipt. Orders are reviewed for accuracy and
are categorized by delivery requirements before being sent to the
supplier.
ADS' Order Booking Team will then finalize the order in the Oracle
system and the order moves through the fulfillment process. Once
the purchase order is issued, the ADS Buyer:
Obtains the expected ship date from the supplier
Enters the information into Oracle
Follows up to ensure the shipment remains on schedule
Ensures all orders are delivered by the required delivery date
A purchase order acknowledgement will be created that includes the
order line item number, item identification and part number, quantity
ordered, quantity to be delivered, unit of measure, unit price and
delivery order number.
Once ADS receives confirmation from the supplier that the order has
shipped, the shipment will be tracked daily to determine the time of
delivery. When a shipment has been delivered, a Proof of Delivery
will be created and our invoice is completed internally.
At every step in the order and delivery process, ADS' electronic
systems enable our personnel to monitor our performance and
management oversight is utilized when needed to ensure that every
order is filled. ADS Buyers closely monitor open purchase orders
through Oracle and ADS' online platform, the ADS Connects
Supplier/Customer Portal. Any purchase order changes must be
approved by an ADS Buyer to be contractually binding, ensuring
control over all subcontracting efforts. This process allows ADS to
track and resolve any potential issues as soon as possible, ensuring
we are able to meet and exceed the outlined performance standards
for each of our contracts.
In addition to our Oracle order booking system, ADS has created
ADS Connects, a customer and supplier portal that provides
transparency and visibility while allowing our customers to track their
orders in real-time for the most up to date information. The ADS
Connects Portal provides our customers with access to real-time
order tracking, previous and current orders, open quotes, invoices
and files for returns.
For additional details on this process, please also see Table 13
regarding ADS' internal metrics.
No. ADS does not accept the P-card procurement and payment
process.
Bid Number: RFP 011221 Vendor Name: Atlantic Diving Supply, Inc.
DocuSign Envelope ID: 87F72832-ED6E-4F69-9747-C94CB5C3F7BB
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can
be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product
Change Request Form.
Line
Item
Question
Response*
53
Describe your pricing model (e.g., line -item discounts or
ADS' partner vendor network, in which we represent key industry
product -category discounts). Provide detailed pricing data
manufacturer's and distributors through our sales network and
(including standard or list pricing and the Sourcewell
marketing campaigns, offer ADS value added discounts which we
discounted price) on all of the items that you want
can then, in turn, pass on to other contract mechanisms and
Sourcewell to consider as part of your RFP response. If
customer bases. The Pricing Matrix spreadsheet included in the
applicable, provide a SKU for each item in your proposal.
Supporting Documents section shows tabbed categories, SKU/Part
Upload your pricing materials (if applicable) in the document
Numbers of item options/colors, MSRP if applicable, as well as the
upload section of your response.
discounted rates to Sourcewell. Quantity breakdowns apply where
specifically offered.
54
Quantify the pricing discount represented by the pricing
Discounts vary across vendors. See attached "ADS Pricing - RFP
proposal in this response. For example, if the pricing in
011221 Body Armor (Sourcewell)" to review all item's MSRP,
your response represents a percentage discount from MSRP
Sourcewell discount in dollars each, and percentage difference
or list, state the percentage or percentage range.
between Sourcewell pricing and MSRP. All items have between 1
and 46% discount, depending on profit margins, discount rates, and
what the market can bear.
55
Describe any quantity or volume discounts or rebate
Quantity discounts are only available from vendors who offer them.
programs that you offer.
Some vendor discount structures, due to the volume of sales ADS
produces through various other contracts, are automatically applied
for any quantity purchased, and so pricing for max level sales is
available to Sourcewell even at quantity 1. The Pricing Spreadsheet
included in the Supporting Documents section breaks down which
items have quantity breaks, and which are flat pricing regardless of
quantity.
56 Propose a method of facilitating "sourced" products or
related services, which may be referred to as "open market"
items or "nonstandard options". For example, you may
supply such items "at cost" or "at cost plus a percentage,"
or you may supply a quote for each such request.
57 Identify any element of the total cost of acquisition that is
NOT included in the pricing submitted with your response.
This includes all additional charges associated with a
purchase that are not directly identified as freight or
shipping charges. For example, list costs for items like pre -
delivery inspection, installation, set up, mandatory training, or
initial inspection. Identify any parties that impose such costs
and their relationship to the Proposer.
58 If freight, delivery, or shipping is an additional cost to the
Sourcewell participating entity, describe in detail the
complete freight, shipping, and delivery program.
59 Specifically describe freight, shipping, and delivery terms or
programs available for Alaska, Hawaii, Canada, or any
offshore delivery.
ADS will supply a quote for each "sourced" product request on open
market or non standard options. Currently, our bid response
mechanisms track and respond to 100% of all bids on COTS
procurement within 48 hours. We have existing relationships with
most industry leaders in this category/scope of equipment (body
armor and relevant accessories). ADS can thus provide exact
match options to most bid requests, and "or equal" with comparison
specs where exact match does not fit into our Partner Vendor
distribution network.
*Training and sizing will be a separate cost depending upon the
location needing served, and the item (as noted above for each
product category) unless the minimum quantities will be met for the
requirement to not be charged a fee. Only Bomb suits
sizing/training will be provided at zero cost to the end user.
*Majority of the items will be able to be sized and trained through
the use of equipment instructions/pamphlets for the end user. The
price quotes are FOB Origin, meaning shipping will need to be
determined at the time of purchase (see answer below for process).
All price quotes from ADS for this solicitation are FOB Origin at this
time.
Once an end user is ready to place an order, ADS will reach out to
each manufacturer once an order is ready to provide the customer
with detailed shipping quotes for each location. ADS would have
been delighted to streamline the process to support this effort with
FOB Destination pricing; however, the products are so different to
properly gauge shipping costs at this time. ADS feels that the
customer will benefit more of a cost savings to get accurate
shipping costs for each order.
Please see above answer. The shipping quotes are all FOB Origin
and we will provide a price quote to all of the listed locations for
each order.
OCONUS shipments are subject to EEI filings with customs as well
as export licenses (Canada) and delivery times may vary dependent
upon the timing of obtaining a license for each order.
Bid Number: RFP 011221 Vendor Name: Atlantic Diving Supply, Inc.
DocuSign Envelope ID: 87F72832-ED6E-4F69-9747-C94CB5C3F7BB
60
Describe any unique distribution and/or delivery methods or
options offered in your proposal.
Table 12: Pricing Offered
Line
Item The Pricing Offered in this Proposal is: "
ADS specializes in controlled COTS delivery throughout the world on
a drop ship basis. Our online customer portal allows customers to
view real time info on pending shipments, and a team of Customer
Loyalty Specialists is available 24/7 to assist with expediting orders.
For the purpose of returns and replacements, or other issues where
standing stock is required, ADS owns and manages two 80,000 sq
ft facilities to warehouse, consolidate, and distribute equipment and
supplies. Each facility employs personnel trained in Government -
specific labeling, packaging, handling, and quality requirements. Both
facilities work in conjunction with other ADS Teams to ensure all
products are received, consolidated, and distributed to customers by
the required delivery dates.
Comments
61 1 b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing
departments.
Table 13: Audit and Administrative Fee
Line
Item
62
63
Question
Specifically describe any self -audit process or program that you
plan to employ to verify compliance with your proposed Contract
with Sourcewell. This process includes ensuring that Sourcewell
participating entities obtain the proper pricing, that the Vendor
reports all sales under the Contract each quarter, and that the
Vendor remits the proper administrative fee to Sourcewell.
Identify a proposed administrative fee that you will pay to
Sourcewell for facilitating, managing, and promoting the Sourcewell
Contract in the event that you are awarded a Contract. This fee is
typically calculated as a percentage of Vendor's sales under the
Contract or as a per -unit fee; it is not a line -item addition to the
Member's cost of goods. (See the RFP and template Contract for
additional details.)
Response*
ADS received our ISO 9001 certification in 2008 and has
had regular audits since to maintain this status. In our most
recent audit, we received two commendations for our
exceptional systems. Under related contract vehicles already
managed by ADS, we are required to ensure all selected
suppliers provide materials for sale, to include a Quality
Management System (or will consent to on -site audit of their
quality system). This ties in to all purchasing policy and
procedures. ADS ensures our Source Restriction Compliance
Plan is followed via quarterly audits of our suppliers.
Adaptive practices have been used to transfer internal
capabilities for use in new contracts, and would be
implemented here. All existing ADS DOD and Federal
contracts include pre -approved fair and reasonable pricing for
part number specific bidding. Through decades of working
with industry leaders in a variety of product fields, ADS has
expanded the aperture of sourcing and built strong value
added networks to ensure best pricing and delivery to end
users and procurement officials. Thus, our buying power and
value added discounts can be passed on to new customers
in emerging markets, to ensure best value for Sourcewell
participating entities.
2%
Bid Number: RFP 011221 Vendor Name: Atlantic Diving Supply, Inc.
DocuSign Envelope ID: 87F72832-ED6E-4F69-9747-C94CB5C3F7BB
Table 14A: Depth and Breadth of Offered Equipment Products and Services
Line
Item
Question
Response*
64
Provide a detailed description of the
Please reference attached pricing list and specification sheets for full details on the
equipment, products, and services that you
products offered in this proposal.
are offering in your proposal.
65
Within this RFP category there may be
Level IIIA concealable vests and carriers
subcategories of solutions. List subcategory
Level II concealable vests and carriers
titles that best describe your products and
Tactical Vests/Plate Carriers & Cummerbunds
services.
Level IIIA soft armor side armor (Shooter/ESAPI) and concealable panels
Level IV, III+, III, stand alone hard armor plates and inserts
Bomb suits and relevant accessories
Bomb helmets/visors
Bomb suit power supply and communications
K9 assault vests
Helmets and accessories
Riot shields
Table 1413: Depth and Breadth of Offered Equipment Products and Services
Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional
comments in the text box provided, as necessary.
Line Item I Categoryor Type I Offered * l Comments
66 Concealable or covert vests r. Yes Please reference attached pricing list
f No and specification sheets for full
details on the products offered under
this category.
67
Tactical Vests
r Yes
Please reference attached pricing list
f No
and specification sheets for full
details on the products offered under
this category.
68 Armor plate or insert carriers C: Yes Please reference attached pricing list
f No and specification sheets for full
details on the products offered under
this category.
69
Hard and soft armor plates, inserts, panels, and
C: Yes
Please reference attached pricing list
backers
f No
and specification sheets for full
details on the products offered under
this category.
70 Bomb or blast -resistance suits C: Yes Please reference attached pricing list
f No and specification sheets for full
details on the products offered under
this category.
71
K-9 (and other service animal) protective gear
r Yes
Please reference attached pricing list
f No
and specification sheets for full
details on the products offered under
this category.
72 Other protective armor r Yes Please reference attached pricing list
r No and specification sheets for full
details on the products offered under
this category.
Table 15: Industry Specific Questions
Line Question Response*
Item
73 If you are awarded a contract, provide a ADS has internal systems and processes in place to ensure our contractual
few examples of internal metrics that will performance goals are being met or exceeded. As described above in Table 10,
be tracked to measure whether you are ADS' Oracle system and ADS Connects Customer and Supplier Portal enable us to
having success with the contract. keep thorough documentation and monitor the performance records for each order.
This systems allow us to track a wide variety of metrics including on -time delivery
rate and fill rate, ensuring we fill each order we receive completely per customer
delivery requirements and timelines.
On -Time Delivery Rate:
Bid Number: RFP 011221 Vendor Name: Atlantic Diving Supply, Inc.
DocuSign Envelope ID: 87F72832-ED6E-4F69-9747-C94CB5C3F7BB
ADS tracks our on -time delivery rate with regular monitoring and management
oversight, calculating and monitoring this rate daily to ensure consistent compliance
with contractual performance levels. ADs tracks the on -time delivery performance of
each order, supplier and part in our system in real-time using the following metrics:
- Initial Ship Date — The date initially provided by the supplier at the time of
purchase order
- Final Ship Date — The last date provide by the supplier prior to shipment
- Contract Required Date — Any dates ADS is held to in the contract
- Customer Need By Date — Any verbal date the customer has provided
We also calculate the expected days to ship and will coordinate with our
transportation providers to ensure timelines are clear and accurate. This number is
shown to the ADS Sales Representative on every quote line so they can compare
the supplier promised date against their performance. If the supplier quoted lead time
drastically differs, the designated ADS representative is empowered with solid data to
address performance issues with the supplier and reduce delivery risk. Suppliers can
access this same order data and other delivery metrics through the ADS Connects
Supplier Portal as well. Our goal is to set realistic delivery expectations with our
customers up front. This is also the best time to identify any alternate suppliers if
required.
Once an order has been booked in the ADS Oracle system and the resulting
purchase order has been sent to the supplier, the designated ADS Buyer has three
days to confirm the initial ship date with the supplier and ensure this date will meet
the contract required date. Sometimes the supplier is no longer able to meet the
originally quoted lead time. Obtaining expected ship date confirmation for the
purchase order is critical to customer service and on time delivery. The supplier can
also enter the estimated ship date in the ADS Connects Supplier Portal. We will
notify DLA immediately if any issues arise that would impact our ability to deliver on
time. In order to ensure strict compliance and control over our suppliers and
subcontracts, the ADS Buyer is the only individual within ADS that is authorized to
make a change to the purchase order with the supplier.
Fill Rate:
ADS follows a specific plan with detailed processes to ensure we meet our
contractual fill rates requirements. ADS personnel and systems monitor our
performance daily and management oversight is utilized when needed to ensure that
every order is filled. ADS' Order Booking Team is responsible for uploading and
managing awards to create Oracle Sales Orders, monitoring fill rate and general
order oversight.
Once an order is received, order data is imported directly into the ADS Oracle
software business management tool. The order is reviewed by the Order Booking
Team to ensure the data (i.e., part number, quantity, price, supplier, description, and
delivery information) is accurate based on the contract. Once confirmed, the order is
then "booked". This information is used throughout the rest of the order fulfillment
process to ensure a complete match between the products requested and that in
ADS' purchase orders, reports, and invoices.
Upon booking, a purchasing requisition and work flow task is automatically generated
for the Purchasing Team by Oracle. The DLA order data is imported to the system's
created purchase order which confirms the part number, quantity, and required delivery
date. The ADS Buyer reviews and then sends the purchase order to the supplier.
Simultaneously, the purchase order is visible to the supplier via the ADS Connects
Supplier Portal. This portal links to our Oracle business system in real-time so
suppliers can exchange information with us and make business decisions more
efficiently. The ADS Buyer confirms via email the supplier ship date and verifies that
it will meet the contract required delivery date.
Once delivered, proof of delivery is obtained by the ADS Finance Team and
compared to the shipment details (i.e., part number, description, and quantity)
provided by the supplier on their invoice or through the ADS Connects Supplier
Portal. Any discrepancy is flagged and resolved with the supplier. This final order
audit ensures that every order is filled completely and accurately.
In order to be as transparent as possible and provide real-time updates to ADS
staff, our customers and our suppliers, ADS has created the ADS Connects
Customer and Supplier Portal. This online system allows our customers to see what
suppliers have promised to ship, when it should arrive, how many times that date has
been updated and the date the latest update was provided. Our suppliers know that
this information is available to customers in real-time, driving accountability to keep
the data accurate and current. If the date provided by the supplier exceeds the
contract required date, they are required to provide a reason for the delay. Should a
supplier not provide the information proactively, the ADS Buyer will reconfirm the
expected ship date on all long lead orders to ensure they remain on time.
Bid Number: RFP 011221 Vendor Name: Atlantic Diving Supply, Inc.
DocuSign Envelope ID: 87F72832-ED6E-4F69-9747-C94CB5C3F7BB
Purchase order and delivery metrics are monitored daily. They are also available real-
time in the portal in order to increase transparency and accountability. The ADS
Buyer also receives a daily summary report containing all purchase order lines due
by month. All high -risk lines are highlighted in red, where high -risk is defined as a
line with a lead time shorter than historical supplier lead time averages. An updated
status on these must be received and a new delivery date entered by the end of that
week. The ADS Purchasing Manager receives a summary view of all these reports
daily and meets with the team weekly to review any issues.
74 Describe any performance standards that The industry performance standard for body armor is the National Institute of Justice
your products meet and how they are (NIJ), which any product offering from ADS will meet. If required, we can provide
tested. additional testing standards such as Frag, SOCOM testing, DEA & FBI protocol, etc.
75 Provide an overview of your Quality ADS operates an ISO 9001:2015 certified Quality Management System (QMS) to
Management System and identify any ensure our ability to consistently provide products that meet customer and applicable
accreditations it has received. regulatory requirements. ADS renews our ISO certification every 3 years — most
recently on May 20, 2018. Proving our dedication to continually improve our
processes and resource management, ADS works with an independent third -party
registrar to conduct periodic audits every six months. We took initiative to obtain this
internationally acclaimed certification to show our customers that we are dedicated to
quality at every level of our business. Made up of representatives from 162 national
standards bodies, the International Organization for Standardization (ISO) brings
together experts to share knowledge and develop voluntary, consensus -based, market
relevant standards that are the gold standard for a wide variety of industries. They
give world -class specifications for products, services, and systems to ensure quality,
safety, and efficiency. ADS received our ISO 9001 certification in 2008 and has had
regular audits since to maintain this status. In our most recent audit, we received two
accommodations for our exceptional systems.
As an ISO 9001:2015 certified company, ADS uses a registered Quality Management
System that functions as a proactive, risk -based, streamlined mechanism to for see
and precent problems while ensuring complete contractual compliance and customer
satisfaction. ADS' QMS defines procedures each team must follow to ensure high
quality material is delivered in accordance with specified order requirements.. These
procedures help prevent order and delivery issues. Should a problem arise, our
Quality Management System sets forth procedures to take corrective and preventative
action. Our corrective and preventative action procedures are focused on eliminating
the root cause(s) of product nonconformities, distribution processes, and any customer
problems and applying lessons learned. A feedback system is used to provide early
warning of quality problems with respective documentation on potential problems
inputted into the corrective action system. Corrective actions are closed only when
performance is verified. By enforcing our quality standards throughout the company,
ADS maintains several checks and balances to provide oversight in areas potentially
affecting customer satisfaction.
Beyond our own quality certification, ADS demands a quality -focused supply chain
and prefers to partner with companies that have established quality programs rooted
in the principles of ISO 9001:2015 and other Quality Management Systems. ADS's
ISO 9001:2015 certification is the culmination of our desire to provide consistently
compliant contract performance and commitment to the continuous improvement of our
internal procedures, training, and practices.
Our Quality department is overseen by a full-time Director of Corporate Quality, and
we maintain an internal team of auditors who regularly review and assess our
procedures and practices at various times throughout the year to verify the integrity of
our system. ADS also has training programs in place to ensure employees possess
the necessary skills and knowledge to perform their jobs. The heart of ADS's quality
system is our risk -based processes and online document database within Salesforce,
which communicates processes across all departments within the company. Salesforce
enables our Quality department to quickly and effectively update controlled documents
and disseminate new information to employees to reflect changes to procedures or
regulations. ADS's legendary customer service stems from our high -quality standards
and ability to communicate changes to all employees using this central database of
controlled documents and knowledge.
A copy of ADS' ISO Certification is attached in the Supporting Documents section
as "Table 15 - Line Item 75 - ADS ISO Certification".
76 Describe any design and manufacturing
ADS and our partner, Ehmke Manufacturing Company, Inc both have Quality
processes or materials utilized that
Managenment System (QMS) that are ISO certified. ADS believes that this
contribute to enhanced protection, overall
internationally recognized standard is important to provide our customers to showcase
durability, and increased wearer mobility
our dedication to ensuring we are providing the best products and customer service.
and safety that differentiate your offerings.
Ehmke Manufacturing's ISO certification highlights their dedication to their production
process, document and order control procedures, as well as their product quality,
which is why ADS is delighted to have them as a partner on this RFP.
Bid Number: RFP 011221 Vendor Name: Atlantic Diving Supply, Inc.
DocuSign Envelope ID: 87F72832-ED6E-4F69-9747-C94CB5C3F7BB
Exceptions to Terms, Conditions, or Specifications Form
Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been
incorporated into the contract text.
Bid Number: RFP 011221 Vendor Name: Atlantic Diving Supply, Inc.
DocuSign Envelope ID: 87F72832-ED6E-4F69-9747-C94CB5C3F7BB
Proposer's Affidavit
PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the
Proposer to this Affidavit and Assurance of Compliance:
1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in
the jurisdiction of its residence.
2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for
contract award.
3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the
Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under
this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not
directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this
solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or
competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the
consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this
solicitation.
4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or
circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a
vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired.
5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an
employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this
solicitation.
6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in
accordance with the terms, conditions, and scope of a resulting contract.
7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or
certifications necessary to deliver such equipment, products, or services under any resulting contract.
8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are
acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and
related services to Sourcewell Members under an awarded Contract.
9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either
substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic
data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes
Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under
Minnesota's Data Practices Act.
11. Proposer its employees, agents, and subcontractors are not:
a. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control
of the United States Department of the Treasury found at: httos://www.treasurv.aov/ofac/downloads/sdnIist.Ddf;
b. Included on the government -wide exclusions lists in the United States System for Award Management found at:
httDS:Hsam.aov/SAM/; or
c. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated
Bid Number: RFP 011221 Vendor Name: Atlantic Diving Supply, Inc.
DocuSign Envelope ID: 87F72832-ED6E-4F69-9747-C94CB5C3F7BB
by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any
Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense
related to the subject matter of this solicitation.
r By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this
Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I
had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic
signature or electronic record was used in its formation. - Marisa McNemar, Senior Proposal Manager, Atlantic Diving Supply, Inc.
The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the
Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid.
r Yes a No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.
Check the box in the column " I have reviewed this addendum" below to acknowledge each of the addenda.
I have reviewed the
File Name below addendum and Pages
attachments (if
applicable)
Addendum_8_Body Armor_RFP 011221
Tue January 5 2021 04:33 PM
Addendum_7_Body Armor_RFP 011221
Thu December 31 2020 02:24 PM
Addendum_6_13ody Armor_RFP 011221
Tue November 24 2020 03:44 PM
Addend um_5_Body_Armor_RFP 011221
Tue November 24 2020 09:47 AM
Addend um_4_Body_Armor_RFP 011221
Mon November 23 2020 12:23 PM
Addendum 3_Body_Armor_RFP_011221
Fri November 20 2020 11:12 AM
Addendum 2_Body_Armor_RFP_011221
Thu November 19 2020 01:45 PM
Addendum 1_Body_Armor_RFP_011221
Tue November 17 2020 11:05 AM
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Bid Number: RFP 011221 Vendor Name: Atlantic Diving Supply, Inc.
DocuSign Envelope ID: D75899EA-86D2-462D-8FF1-5733C4607F6C
AMENDMENT #1
TO
CONTRACT # 011221-ADS
THIS AMENDMENT is effective upon the date of the last signature below by and between Sourcewell
and Atlantic Diving Supply, Inc. (Vendor).
Sourcewell awarded the Vendor a contract to provide Body Armor with Related Accessories, Equipment,
and Services to Sourcewell and its Participating Entities from February 22, 2021, through February 19,
2025 (Contract).
NOW, THEREFORE, the parties wish to amend the Contract as follows:
1. Vendor's terms related to pricing discounts, found in Vendor's Proposal line item 53 under
"Table 11: Pricing and Delivery," is deleted in its entirety and replaced with the following:
RESPONSE: ADS's partner vendor network, in which we represent key industry manufacturers
and distributors through our sales network and marketing campaigns, offers ADS value-added
discounts, which we can then, in turn, pass on to other contract mechanisms and customer
bases. The vendor discount matrix'ADS Pricing RFP 011221 Body Armor (Sourcewell)' shows
specific discounts by category and quantity breakdowns where offered. Supplier's Discount
Matrix will be provided to Sourcewell occasionally and incorporated into this Contract by
reference. Supplier will maintain a Master Price File, incorporated into this Contract by
reference, and will be available upon request.
2. Vendor's terms related to pricing discounts, found in Vendor's Proposal line item 54 under
"Table 11: Pricing and Delivery," is deleted in its entirety and replaced with the following:
RESPONSE: Discounts vary across vendors and will be provided off of MSRP/List price. All items
have between 1 and 46% discount, depending on profit margins, discounts and what the market
can bear." Supplier's Discount Matrix will be provided to Sourcewell occasionally and
incorporated into this Contract by reference. Supplier will maintain a Master Price File,
incorporated into this Contract by reference, and will be available upon request.
Except as amended above, the Contract remains in full force and effect.
Sourcewell
J�`D'J'o/cy`uuSiiigned by:
By. COFDZA� 9�64���
Jeremy Schwartz, Director of Operations/CPO
Date: 4/10/2024 1 1:44 PM CDT
Atlantic Diving Supply, Inc.
DocuSi/gn/e/d by: —
By_-E�
2DKFFMC21046E...
Brad Anderson
Title: EVP, Contracts & Projects
Date: 4/10/2024 1 2:16 PM EDT
Sourcewell Contract # 011221-ADS I Amendment #1
Page 1 of 1
EXHIBIT C
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
FORM CIQ
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An
offense under this section is a misdemeanor.
jJ Name of vendor who has a business relationship with local governmental entity.
Atlantic Diving Supply, Inc.
J
❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
J Name of local government officer about whom the information is being disclosed.
n/a
Name of Officer
J Describe each employment or other business relationship with the local government officer, or a family member of the
officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIO as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
Yes F 71 No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
71 Yes Fx I No
J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership interest of one percent or more.
n/a
J
❑Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
J
,� i
7/30/2024
Signature of ver�dor d ing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.legis.state.tx.us/
Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.
Local Government Code § 176.0010-a): "Business relationship" means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an
agency of a federal, state, or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by, and reporting to, that agency.
Local Government Code § 176.003(a)(2)(A) and (B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds $2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than $100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code § 176.006(a) and (a-1)
(a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the
officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any
gift described by Section 176.003(a-1); or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity; or
(B) submits to the local governmental entity an application, response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity; or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a
family member of the officer, described by Subsection (a);
(B) that the vendor has given one or more gifts described by Subsection (a); or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021