DAS706_CRP30782_Revised_Contract_11.01.2024.pdf

Rev. 4.19.22

Index No.: DAS706 Eff. Date: 11/01/2024* Page No.: 1

STATE OF OHIO

DEPARTMENT OF ADMINISTRATIVE SERVICES

GENERAL SERVICES DIVISION

OFFICE OF PROCUREMENT FROM COMMUNITY REHABILITATION PROGRAMS

4200 SURFACE ROAD, COLUMBUS, OH 43228-1395

MANDATORY USE CONTRACT FOR: Online Auction Services, Division of State and Federal Surplus

CONTRACT No.: CRP30782 EFFECTIVE DATES: 11/01/2023 to 10/31/2024 Renewal through 10/31/2025*

The Department of Administrative Services (DAS), Office of Procurement from Community Rehabilitation Programs (OPCRP) has accepted the proposal submitted in response to the Contract Number listed above by the certified Community Rehabilitation Program (CRP) and/or the certified Agent of a Community Rehabilitation Program (Agent). The CRP and/or Agent listed herein has been awarded a contract for the services or supplies listed. The respective ordering office contract approval form, *contract terms and conditions, pricing schedules, specifications, and any attachments incorporated by reference and accepted by DAS become a part of this Mandatory Contract.

This Mandatory Contract is effective beginning and ending on the dates noted above unless, prior to the expiration date, the Contract is renewed, terminated or cancelled in accordance with the Contract Terms and Conditions.

This Mandatory Contract is available to The Department of Administrative Services, Division of State and Federal Surplus, 4200 Surface Road, Columbus, OH 43228.

This contract award by the Office of Procurement from Community Rehabilitation Program is in accordance with Sections 125.60 to 125.6012 of the Revised Code.

Agencies are eligible to make purchases of the listed supplies and/or services in any amount and at any time as determined by the agency. The State makes no representation or guarantee that agencies will purchase the volume of supplies and/or services as initially advertised or described.

State agencies may make purchases under this Mandatory Contract up to $2500.00 using the State of Ohio Payment Card. Any purchase that exceeds $2500.00 will be made using the official state of Ohio purchase order (ADM-0523). Any non-state agency, institution of higher education or Cooperative Purchasing member will use forms applicable to their respective agency.

This Mandatory Contract and any Amendments thereto are available from the OhioBuys public portal at the following address:

https://ohiobuys.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

Signed: _______________________________________________________ Kathleen C. Madden, Director Date

*This amendment is issued to notify that as a result of mutual agreement between the State of Ohio and the Contractor, this contract is renewed for an additional twelve (12) months, effective 11/01/2024 through10/31/2025. It is also issued to add a summary of amendments page and, to update the DAS Standard Terms and Conditions, rev. 03/01/2024 effective 11/01/2024.

file://s.dasdesktop.isi.oitfs.ohio.gov/DASShares/gsd/purchasing/CONTRACTS/CRP%20Contracts/FORMS/T'c%20AND%20C's/DAS%20Standard_T_C_3-1-24.pdf file://s.dasdesktop.isi.oitfs.ohio.gov/DASShares/gsd/purchasing/CONTRACTS/CRP%20Contracts/FORMS/T'c%20AND%20C's/DAS%20Standard_T_C_3-1-24.pdf https://ohiobuys.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

Index No.: DAS706*

TABLE OF CONTENTS

PAGE NO.

SPECIFICATIONS

SCOPE OF WORK 3-5

CONTRACT ITEMS

CONTRACTOR’S INDEX 6

*SUMMARY OF AMENDMENTS 7

*Add a summary of amendments page effective 11/01/2024.

SPECIFICATIONS

I. SCOPE OF WORK

This agreement is for online auction services provided by GW Business Solutions, LLC (AGENT) for the Department of Administrative Services, Surplus Warehouse, 4200 Surface Road, Columbus, OH 43228.

II. SELLING PROCESS

A. AGENT agrees to combine assets in lots for sale, if desired.

B. AGENT agrees to take high quality pictures of assets that focus on saleable features and information.

C. AGENT agrees to write meaningful asset descriptions.

D. AGENT agrees to post assets for auction.

E. AGENT agrees to conduct the public online auction.

F. AGENT agrees to take all collections and finalize billing details directly connected with the auction.

G. AGENT agrees that the SELLER may not sell all assets online.

H. AGENT agrees to provide shipping and handling if requested to do so by the SELLER and at the expense of the buyer.

I. SELLER agrees to arrange pick-up of items with winning bidder at one of two locations 1.) Ohio State and Federal

Surplus Warehouse located at 4200 Surface Road in Columbus, Ohio. 2.) GW Business Solutions, LLC. Goodwill2Gol located at 35 Wilson Street in Newark, Ohio ;or at offsite facilities as indicated by SELLER at time of posting.

J. SELLER agrees to meet bidders for inspection of warehoused items during the bid process or to arrange a private appointment with the local contact for items located off-site.

K. SELLER agrees to answer questions from the bidders.

L. SELLER agrees that all items will sell to the highest bidder.

M. SELLER agrees not to bid on their own items.

N. SELLER agrees that any intentional or unintentional misrepresentation by the SELLER or AGENT as to the description or condition will allow the AGENT and SELLER by mutual agreement to make a downward adjustment on the selling price or void the sale completely.

O. SELLER guarantees the SELLER has good title and the right to sell items on the auction; that they are without mortgages, liens, or encumbrances of any kind except those which are specifically detailed in this contract.

P. SELLER or AGENT is wholly responsible for any damage or liability claims resulting from items stored at their respective warehouses.

Q. The standard online listing duration is 7 days. The SELLER agrees that items that do not sell during the initial listing may be relisted up to 2 times with price reductions at regular intervals. Items will be removed from the site after all relisting periods have expired (after 21 days total).

R. AGENT reserves the right to contact the next highest bidder when the winning bidder fails to complete the sale according to the AGENT’s terms.

S. SELLER agrees that AGENT makes no guarantees as to the selling price. If an investment is to be protected, a reserve amount shall be provided by the SELLER to the AGENT as part of the listing details.

T. SELLER agrees that any items donated to the AGENT by virtue of the AGENT’s non-profit 501c3 status may be sold or recycled by the AGENT in any manner the AGENT sees fit. Once donated, the SELLER retains no ownership rights nor expectations of payment resulting from the sale of said items. The SELLER agrees any donated item bears no restrictions, legal or otherwise that would prevent the item from being sold, reused, or recycled.

U. SELLER has 7x24 access to the online auction back-end system and may remove a SELLER-owned item from bidding at any time for any reason. The SELLER is required to notify the AGENT when items are removed from the auction site.

V. AGENT agrees to publish all questions and answers associated with a listing to all potential item buyers and viewers.

III. MARKETING

AGENT will arrange advertising as it deems advisable to obtain maximum results at no cost to the SELLER or at a cost negotiated with SELLER.

IV. SUPPORT

A. AGENT agrees to provide a highly qualified staff member who will provide onsite service and support to the SELLER’s account. The AGENT will have an employee onsite at the SELLER’s location approximately 2-3 days a week or as specified by the SELLER based on product deliveries.

B. AGENT agrees to provide ongoing training, feedback, and consultation on best practices to the SELLER.

C. AGENT agrees to provide bidder support through the use of an online ticketing system that is part of the bidding platform. All bidder questions are responded to within 24 hours and/or before the closing of auction in question. SELLER and AGENT agree to collaborate on answers to bidder questions as required.

D. Even after discontinuation of the AGENT’s service, the SELLER will have access to their account and SELLER-owned items, all information associated with the account, and reporting on the AGENT’s platform for a mutually agreed upon time period or until all SELLER items have been removed or sold.

V. REPORTING

A. AGENT agrees to provide reporting in the amount and specification required by the SELLER.

B. AGENT agrees that all reports generated by the bidding system can be exported into Microsoft Excel.

C. AGENT agrees that all reports will include the SELLER’s item number.

VI. FEES (SELLER agrees to pay AGENT):

A. Commission: Seller agrees to pay a Commission rate as listed below. Commission is based on the highest bid for each lot sold on the public auction. Commission will be deducted from the payout to the SELLER.

Standard Commission Schedule (per lot):

1. Buyer’s premium (percentage of sale): 10%

2. Auctioneer’s commission (percentage of sale): 8%

B. AGENT agrees to only charge the SELLER based on sales transactions to the general public. There is no cost to the

SELLER for transactions that occur within the SELLER’s internal organization.

C. AGENT agrees that no sales tax will be charged on SELLER’s items.

VII. PAYMENTS (AGENT agrees to pay SELLER in the following manner):

A. Monthly payments will be deposited in the SELLER’s account via Automated Clearing House (ACH) for the amount of the total highest bids for all items contracted for sale with the AGENT, less an agreed upon commission.

B. An electronic detailed statement including SELLER item number, bid price, and commission paid will be created and emailed commensurate with each deposit.

C. The AGENT will perform the electronic transfer and statement to the SELLER 14 banking days after the payment is received from the buyer.

D. The SELLER acknowledges that, in the unlikely event that the AGENT is unable to complete the sale with the highest bidder, for any reason (i.e., unable to contact and/or collect payment) the AGENT will not be required to pay the SELLER for sale(s) not completed.

CONTRACTOR INDEX

CONTRACTOR AND TERMS: CONTRACT NO: CRP30782

OAKS # 0000316030

GW Business Solutions, LLC 65 South Fifth Street, P. O. Box 828 Newark, OH 43058-0828

TERMS: Net 30 Days

CONTRACTOR’S CONTACT:

Connie Teegardin Telephone: (740) 345-9861 Email: cteegardin@goodwillnewark.com mailto:cteegardin@goodwillnewark.com

Index No.: DAS706*

SUMMARY OF AMENDMENTS

Amendment Number

Effective Date Description

1 11/01/2024

This amendment is issued to notify that as a result of mutual agreement between the State of Ohio and the Contractor, this contract is renewed for an additional twelve (12) months, effective 11/01/2024 through10/31/2025. It is also issued to add a summary of amendments page and, to update the DAS Standard Terms and Conditions, rev. 03/01/2024 effective 11/01/2024.

*Add a summary of amendments page effective 11/01/2024.

CONTRACT FOR: Online Auction Services, Division of State and Federal Surplus