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Invitation for Bid 02315 <br />Air Tasers and Electronic Incapacitation Devices <br />a. Applicable federal and state of Washington statutes and regulations <br />b. Mutually agreed written amendments to the resulting contract <br />c. The contract, including all documents incorporated in the subsection immediately above. <br />Conflict: To the extent possible, the terms of the contract must be read consistently. <br />Conformity: If any provision of the contract violates any federal or state of Washington statute or <br />rule of law, it is considered modified to conform to that statute or rule of law. <br />5.2 Parties <br />This contract is entered into by and between the state of Washington acting by and through DES, <br />and the awarded contractor with the parties more fully described on the Authorized Offer and <br />Contract Signature page. <br />5.3 Authority to bind <br />The signatories to this contract represent that they have the authority to bind their respective <br />organizations to this contract. <br />5.4 Counterparts <br />This contract may be executed in counterparts or in duplicate originals. Each counterpart or each <br />duplicate will be deemed an original copy of this contract signed by each party, for all purposes. <br />5.5 Changes <br />DES reserves the right to modify the resulting contract (including but not limited to adding or <br />deleting products by mutual agreement between DES and the contractor Alterations to any of the <br />terms, conditions or requirements of this contract will only be effective upon written issuance of a <br />mutually -agreed contract amendment by DES. Changes to point -of -contact information may be <br />updated without the issuance of a mutually accepted contract amendment. <br />5.6 Price adjustments <br />Firm and fixed period: Pricing will remain firm and fixed for one year from date of award of the <br />contract. <br />Price protection: The contract prices are the maximum prices the contractor may charge. <br />If lower pricing for similar quantities becomes effective for the contractor, purchasers must be <br />given immediate benefit of such lower pricing. The contractor may also offer volume and <br />promotional discounts <br />Contractor agrees all the prices, terms, warranties, and benefits provided in this contract are <br />comparable to or better than the terms presently being offered by the contractor to any other <br />governmental entity purchasing similar quantities under similar terms. If, during the term of this <br />contract, the contractor enters into contracts with other governmental entities providing greater <br />benefits or more favorable terms than those provided by this contract, the contractor is obligated to <br />provide the same to purchasers for subsequent purchases. DES will be notified of changes in <br />contract pricing. <br />Price increases: The contractor may propose price increases on an annual basis by written notice <br />to the Contract Administrator. Price increases are to be on a pass -through basis only and must not <br />produce a higher profit margin for the contractor than that established by original contract pricing. <br />Requests must include supporting documentation such as price increases at the manufacturer's <br />level and/or other documentation of cost increases. <br />Page 11 of 15 <br />