Title
MOTION TO APPROVE THE CHANGE ORDER FOR THE PURCHASE OF PRACTICE AND DUTY AMMUNITION FOR THE POLICE DEPARTMENT'S TRAINING UNIT FROM LAWMEN’S & SHOOTER’S, INC. IN THE AMOUNT NOT TO EXCEED $19,770.92, UTILIZING PRICING ESTABLISHED BY THE STATE OF FLORIDA TERM CONTRACT # 46000000-21-STC "DEFENSE PRODUCTS", PURSUANT TO SECTION 35.18(C)(5) AND 35.28(B) OF THE CITY’S CODE OF ORDINANCES.
Summary Explanation and Background
PROCUREMENT PROCESS TAKEN:
- Chapter 35 of the City’s Code of Ordinances is titled “PROCUREMENT PROCEDURES, PUBLIC FUNDS.”
- Section 35.18 of the City's Code of Ordinances is titled "COMPETITIVE BIDDING OR COMPETITIVE PROPOSALS REQUIRED; EXCEPTIONS."
- Section 35.18(C) states that "Only the following situations are exempt from the competitive bid and competitive proposal requirements of this section:"
- Section 35.18(C)(5) states, “Utilization of other governmental agencies’ contracts.”
- Section 35.21 of the City's Code of Ordinances is titled "AWARD OF CONTRACT."
- Section 35.21(A) of the City's Code of Ordinances is titled "City Commission Approval."
- Section 35.21(A)(1) states, "An initial purchase of, or contract for, commodities or services, in excess of $25,000, shall require the approval of the City Commission, regardless of whether the competitive bidding or competitive proposal procedures were followed."
- Section 35.15 defines CHANGE ORDER. "Changes, due to unanticipated conditions or developments, made to an executory contract, which do not substantially alter the character of the work contracted for, and which do not vary so substantially from the original specifications as to constitute a new undertaking. The changes must reasonably and conscientiously be viewed as being in fulfillment of the original scope of the contract rather than as departing therefrom. Further, the changes, when viewed against the background of the work described in the contract and the language used in the specifications, must clearly be directed either to the achievement of a more satisfactory result or the elimination of work not necessarily to the satisfactory completion of the contract."
- Section 35.25(A) states that "a purchase of, or contract for, commodities or services that is estimated by the Chief Procurement Officer to cost $5,000 or less, maybe purchased either in the open market without newspaper advertisement and without observing the procedures prescribed by § 35.19, or in accordance with the competitive bidding procedure prescribed by § 35.19, as deemed appropriate by the Chief Procurement Officer."
- Section 35.28 of the City's Code of Ordinances is titled "CHANGE ORDERS."
- Section 35.28(B) states that "Notwithstanding the provisions of (A) above, the City Manager is not authorized to approve a change order without authorization of the City Commission where the initial purchase required the City Commission's approval and where the sum of all change orders issued under the contract exceeds 5% of the original contract amount or $25,000.
SUMMARY EXPLANATION AND BACKGROUND:
1. On September 7, 2021, the State of Florida Department of Management Services advertised ITB # 21-46000000-ITB “Defense Products” to establish a State Term Contract for defense product commodities (groups). Bidders provided Manufacturer’s suggested retail price (MSRP) lists for the specified groups, along with the extended discount for each group.
2. On October 1, 2021, Lawmen’s & Shooter’s Supply, Inc. entered into State of Florida Term Contract # 46000000-21-STC “Defense Products.”
3. Lawmen’s & Shooter’s Supply, Inc. was awarded as the provider for various groups for the manufacturer, Winchester: Group 3: Training Equipment/Materials (Including K9 Equipment and Training Ammunition, Group 7: Handgun Ammunition (Duty), Group 8: Shotgun and Rimfire Ammunition (Duty), and Group 9: Rifle Ammunition (Duty).
4. The initial contract term began on October 1, 2021, with an expiration date of September 30, 2024. On March 26, 2024, the Second Amendment was executed to extend the agreement until September 30, 2027.
5. The Winchester brand ammunition had an adjustment to their MSRP listing effective October 1, 2024 through September 30, 2025 (2024-2025 FY MSRP list price).
6. On December 18, 2024, the City Commission approved the Police Department’s request to purchase practice and duty ammunition for the Police Department's Training unit and SWAT Team from Lawmen’s & Shooter’s Supply, Inc. in the amount not to exceed $364,190.29, utilizing pricing established by the State of Florida Term Contract # 46000000-21-STC "Defense Products."
7. Below is a summary of the pricing:
|
Description |
Amount |
|
Training Unit |
$ 235,409.57 |
|
SWAT Unit |
$ 128,780.72 |
|
Total |
$ 364,190.29 |
8. The original quote that Lawmen’s & Shooter’s Supply, Inc. provided to the Police Department’s Training Unit, for the December 18, 2024 Commission meeting, included pricing from the previous MSRP list price, which was lower than the current 2024-2025 FY MSRP list price that became effective on October 1, 2024. However, by the time the Police Department was ready to proceed with the purchase order, they were informed that the vendor could no longer extend the additional discount. Nevertheless, Lawmen’s & Shooter’s Supply, Inc. assured the Department that they could still provide the items at the current contract price. As a result, the vendor has issued a revised contract compliant quote, which raises the total cost for the Training Unit from $235,409.57 to $255,180.49, which is an increase of $19,770.92, or 8.4% for the Training Unit, or 5.4% for the overall purchase.
9. The Police Department recommends that City Commission approve the change order request for the purchase of Winchester ammunition, as it is essential to their operations.
10. Request Commission to approve the change order for the purchase of practice and duty ammunition for the Police Department's Training Unit from Lawmen’s & Shooter’s Supply, Inc. in the amount not to exceed $19,770.92, utilizing pricing established by the State of Florida Term Contract # 46000000-21-STC “Defense Products”, pursuant to section 35.18(C)(5) and 35.28(B) of the City’s Code of Ordinances.
Financial Impact
FINANCIAL IMPACT DETAIL:
a) Initial Cost: $19,770.92.
b) Amount budgeted for this item in Account No: Funds are currently budgeted in Account # 001-521-3001-552003-0000-000-0000-Training Operating Supplies.
c) Source of funding for difference, if not fully budgeted: Not Applicable.
d) 5-year projection of the operational cost of the project: Not Applicable.
e) Detail of additional staff requirements: Not Applicable.
FEASIBILITY REVIEW:
A feasibility review is required for the award, renewal and/or expiration of all function sourcing contracts. This analysis is to determine the financial effectiveness of function sourcing services.
a) Was a Feasibility Review/Cost Analysis of Out-Sourcing vs. In-House Labor Conducted for this service? Not Applicable.
b) If Yes, what is the total cost or total savings of utilizing Out-Sourcing vs. In-House Labor for this service? Not Applicable.