DRC049_ITB007593_Contract_Rev.pdf

STATE OF OHIO

DEPARTMENT OF ADMINISTRATIVE SERVICES

GENERAL SERVICES DIVISION

OFFICE OF PROCUREMENT SERVICES

4200 SURFACE ROAD, COLUMBUS, OH 43228-1395

MANDATORY USE CONTRACT FOR: RAMAN HANDHELD ANALYZERS

CONTRACT No.: ITB007593

CONTRACT ID: 7593

EFFECTIVE DATES: 5/1/2022 to 3/31/2024

* Renewed through 3/31/2026

SUPPLIER: Field Forensics Inc

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No. SRC0000002574. The evaluation of the bid response(s) has been completed. The bidder(s) listed herein have been determined to be the lowest responsive and responsible bidder(s) and have been awarded a contract for the items(s) listed. The respective bid response, including the Instructions to Bidders and Standard Terms and Conditions, special contract terms & conditions, any bid addenda, specifications, pricing schedules and any attachments incorporated by reference and accepted by DAS become a part of this Requirements Contract.

This Requirements 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.

CONTRACT RENEWAL. This Contract may be renewed after the ending date of the Contract solely at the discretion of the Contracting Agency for a period of one month. Any further renewals will be by mutual agreement between the Contractor and the Contracting Agency for any number of times and for any period of time. The cumulative time of all mutual renewals may not exceed 03/31/2028 unless the Contracting Agency determines that additional renewal is necessary.

This Requirements Contract is available to the Department of Rehabilitation and Corrections, as applicable.

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 advertised in the Invitation to Bid.

This Requirements Contract and any Amendments thereto are available from the Ohio|Buys public portal at the following address:

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

Signed: _____________________________________________________________________

Kathleen C. Madden, Director Date

* Indicates a mutual 24 month renewal, effective 04/01/2024, per amendment 1.

1. SPECIFICATIONS AND REQUIREMENTS

1.1. BACKGROUND

1.1.1. One of the greatest threats to the safety and security of ODRC is the introduction and abuse of illicit drugs, narcotics, and harmful chemical substances within the incarcerated population. To this end ODRC is looking to purchase 54 RAMAN Handheld Analyzers with the option to purchase more during the life of this contract.

This is to include training on the operation of analyzers and yearly preventative maintenance and calibration of units.

1.2. RAMAN HANDHELD ANALYZER FEATURES

1.2.1. Each Raman Handheld Analyzer must include the following:

1.2.1.1. Analyzer must be new.

1.2.1.2. Analyzer must be capable of nondestructive sampling and testing.

1.2.1.3. Analyzer must be capable of providing sample analysis through clear bags and translucent containers.

1.2.1.4. Analyzer must be capable of providing sample analysis with no sample preparation.

1.2.1.5. Analyzer must have a rechargeable battery.

1.2.1.5.1. Each purchased analyzer must come with at least 1 additional rechargeable battery and 1 charging station to charge the spare battery independently from the unit.

1.2.1.6. Each purchased analyzer must come with a charging cable to charge the handheld unit directly.

1.2.1.7. Each purchased analyzer must come with a charging cable to charge the handheld unit via a vehicle outlet.

1.2.1.8. Analyzer must have a minimum battery life of 6 hours

1.2.1.9. Analyzer must have a minimum operating temperature range of 14oF to 104 oF.

1.2.1.10.Analyzer must have a minimum laser wavelength of 785 nm (nanometer).

1.2.1.11.Analyzer must have a minimum laser power of 250 mW (milliwatt).

1.2.1.12.Analyzer must have a minimum spectral resolution of 7 to 10.5 cm-1.

1.2.1.13.Analyzer must have a spectral range between 250 to 2300 cm-1.

1.2.1.14.Analyzer must have a minimum IP (Ingress Protection) rating of IP53.

1.2.1.15.Analyzer must be capable of connecting to a laptop or PC with at least one of the following connections:

1.2.1.15.1. USB

1.2.1.15.2. Micro-USB

1.2.1.15.3. WiFi

1.2.1.15.4. Bluetooth

1.2.1.16.Analyzer must come with the appropriate cable(s) to connect to a laptop or PC if applicable.

1.2.1.17.Analyzer must have a startup process to verify it is in operating condition prior to use.

1.2.1.18.Analyzer must be able to be operated by an operator wearing personal protective equipment.

1.2.1.19.Analyzer must come with a certificate showing that it is in proper working order prior to leaving the vendors facility.

1.2.1.20.Analyzer must be able to be loaded with at least 4 different spectral libraries (narcotic, pharmaceutical, chemical compounds, and hazardous materials) at the same time.

1.3. REQUIRED TRAININGS AND OPERATOR MANUALS

1.3.1. Each analyzer purchased through this contract must come with either a printed or electronic copy of analyzers operator manual.

1.3.2. The contractor shall provide up to 8 hours of training for at least 100 DRC employees for the initial delivery of analyzers.

1.3.2.1. DRC will work with the Contractor to schedule the training into multiple groups.

1.3.2.2. DRC will work the Contractor on whether in person or virtual training is the best route for the training on the units.

1.3.2.3. The contractor shall begin providing training within 30 days of receipt of the first unit and training should be complete within 30 days of receipt of the final unit.

1.3.2.4. The contractor during the training will ensure that all units that are a part of the initial order that are delivered to DRC are in proper working order prior to being deployed out.

1.3.3. There after the contractor may be required to provide an additional 8 hours of training for up to 100 DRC employees a year.

1.3.3.1. DRC will work with the Contractor to schedule the training into multiple groups or trainings throughout the year.

1.3.3.2. DRC will work the Contractor on whether in person or virtual training is the best route for the training on the units.

1.4. CALIBRATION, PREVENTATIVE MAINTENANCE, AND SUPPORT PROGRAM

1.4.1. The contractor shall also provide a three (3) year preventative maintenance and calibration program for each unit(s) to be provided by an authorized service representative. This cost is to be included into the cost of the unit.

1.4.1.1. The preventative maintenance and calibration program may include any and all necessary cleaning, adjustments, verifications, lubrication and parts replacement according to the manufacturer’s approved preventative maintenance and calibration checklist.

1.4.1.2. All labor, travel/shipping expenses, and selected consumable parts will be included during the preventative maintenance and calibration program at no additional cost to the agency.

1.4.2. The contractor shall also have in place a Technical Support Phone Line that end users at the agency can reach out to 24/7, 365 days a year for technical support for the scanners provided through this contract at no additional cost to the agency.

1.5. Consultative Services

1.5.1. The contractor may be required to provide to subject matter expert testimony during administrative proceedings during the life of the contract.

1.5.2. The price for consultative services shall be an hourly rate for subject matter expert testimony with regard to the training, use, and deployment of the device during administrative proceedings. The use of these services shall be as determined by the needs of ODRC. Note that the Contractor shall identify a reasonably available point of contact for general follow-up and troubleshooting inquiries after release and deployment. These general inquiries are to be considered a good faith extension of the training and shall not be billable as Consultative Services.

1.5.3. The contractor may be required to provide documents attesting to the validity of results provided by the unit the contractor is supplying.

1.5.3.1. Providing documents attesting to the validity of the results provided by the unit the contractor is supplying shall be considered a good faith extension.

1.5.3.2. The documents provided by the contractor that attest to the validity of the results provided by the unit shall be in layman’s terms.

1.5.4. The contractor with mutual agreement from DRC may allow the subject matter expert testimony via a secure virtual media such as Microsoft Teams or Zoom this will be handled on a case by case basis.

1.5.5. The agency will notify the contractor of the need for an expert testimony at least 3 business days prior to the administrative proceedings.

1.5.6. The agency will have up to 24 hours before the expected administrative proceedings to cancel the expert testimony requested with no cost to the agency.

1.6. WARRANTY

1.6.1. The contractor shall furnish each unit(s) with the manufacturer’s owner service policies and warranties, any necessary components/hardware, and the installation and/or assembly of the equipment, and components/hardware.

1.6.1.1. The warranty for the unit(s) shall be greater of: manufacturer’s standard warranty, the warranty that is standard to the industry, or one year after date of acceptance by the Agency.

1.6.1.2. The warranty for the installation/assembly of the unit(s) shall provide that all repairs and replacements needed due to factory defects shall be furnished and installed promptly without charge by authorized service representatives for a period of one (1) year after the later of: final delivery and acceptance, installation, or on-site training. The warranty for the installation/assembly and shall also provide that all necessary service adjustments shall be made promptly without charge by authorized service representatives with seven (7) days after requested by the Agency.

1.6.1.3. All unit(s) parts and systems shall be covered by a warranty providing that all replacement parts and repairs due to defects in material or workmanship shall be furnished and installed promptly without charge by an authorized service representative within the first year after the delivery and acceptance of the unit(s).

1.6.1.4. Contractor will be responsible for all warranty-related expenses incurred, if necessary, including pick-up and return, transportation and /or service calls, for repair of any of the equipment, or components thereof, while said equipment is under warranty.

1.6.1.5. Contractor will be responsible for all costs related to warranty repair work.

1.7. AFTER WARRANTY REPAIR WORK, REPAIR WORK NOT COVERED BY WARRANTY, AND ACCESSORIES

1.7.1. The contractor shall be capable of providing manufacturer approved repairs to the RAMAN handheld scanners during the life of the contract.

1.7.2. The contractor shall only use parts that have been approved by the manufacturer to be used in the supplied RAMAN handheld scanners.

1.7.3. The contractor shall be able to supply accessories for the RAMAN handheld scanner provided during the life of the contract.

1.7.3.1. The accessories provided must be approved for use with the RAMAN handheld scanner provided by the manufacturer.

1.8. SOFTWARE

1.8.1. The contractor shall provide a copy of any and all required software to operate the RAMAN handheld scanner for each RAMAN handheld scanner purchased through this contract at no additional cost to the agency.

1.8.2. The contractor shall support the software required for the operation and updating of the RAMAN handheld scanners for the life of the contract.

1.8.2.1. The contractor shall provide any updates to the software at no additional cost to the agency.

1.8.3. The software must be capable of running on Windows 10 operating systems.

1.9. RAMAN SPECTRAL LIBRARIES

1.9.1. During the life of the contract the contractor will provide DRC with spectral libraries for the operation of the offered RAMAN handheld analyzer at no additional cost.

1.9.1.1. These libraries must include the ability to identify narcotics, pharmaceuticals, and chemical compounds.

1.9.1.1.1. The contractor shall have the ability to provide the agency with libraries that would also allow for the detection of hazardous materials at no additional cost.

1.9.1.2. The contractor will ensure that any updates to these spectral libraries are available to DRC once released.

1.9.1.3. The contractor must ensure that the spectral libraries are updated with latest narcotic information on at least a quarterly basis during the life of the contract.

1.10. DELIVERY OF INITIAL UNITS

1.10.1. The delivery of the initial units shall begin within 60 days of the order being placed by the agency with the complete delivery of the initial units within 6 months of the order being placed.

1.10.1.1. The agency will coordinate with the Contractor on the delivery and deployment of the initial units out to the facilities.

2. STANDARD TERMS AND CONDITIONS

State of Ohio Standard Terms and Conditions (revised 9/8/21) will apply to this Contract.

3. SPECIAL CONTRACT TERMS AND CONDITIONS

3.1 AMENDMENT TO CONTRACT TERMS AND CONDITIONS

The following Amendments to the Contract Terms and Conditions do hereby become a part hereof. In the event that an amendment conflicts with the Contract Terms and Conditions, the Amendment will prevail.

3.2 DESCRIPTIVE LITERATURE

The Bidder may be required to submit descriptive literature of the supplies or services being offered. If requested, the literature will be used in the evaluation process to determine the lowest responsive and responsible bidder. If not provided as part of the bid response, the Bidder must provide said literature within seven (7) calendar days after request/notification by the Office of Procurement Services to do so. Failure of the bidder to furnish descriptive literature either as part of their bid response or within the time specified herein will deem the bidder not responsive.

3.3 FIXED PRICE WITH ECONOMIC ADJUSTMENT

The contract prices(s) will remain firm for the first twelve (12) months duration of the contract. Thereafter, the Contractor may submit a request to increase their price(s) to be effective sixty (60) calendar days after acceptance by DAS. No price adjustment will be permitted prior to the effective date of the increase received by the Contractor from its suppliers, or on purchase orders that are already being processed, or on purchase orders that have been filled and are awaiting shipment. If the Contractor receives orders requiring quarterly delivery, the increase will apply to all deliveries made after the effective date of the price increase.

The price increase must be supported by a general price increase in the cost, due to increases in the cost of raw materials, labor, freight, Workers' Compensation and/or Unemployment Insurance, etc. Detailed documentation, to include a comparison list of the contract items and proposed price increases, must be submitted to support the requested increase. Supportive documentation should include, but is not limited to: copies of the old and the current price lists or similar documents which indicate the original base cost of the product to the Contractor and the corresponding increase, and/or copies of correspondence sent by the Contractor's supplier on the supplier's letterhead, which contain the above price information and explains the source of the increase in such areas as raw materials, freight, fuel or labor, etc.

Should there be a decrease in the cost of the finished product due to a general decline in the market or some other factor, the Contractor is responsible to notify DAS immediately. The price decrease adjustment will be incorporated into the contract and will be effective on all purchase orders issued after the effective date of the decrease. If the price decrease is a temporary decrease, such should be noted on the invoice. In the event that the temporary decrease is revoked, the contract pricing will be returned to the pricing in effect prior to the temporary decrease. For quarterly deliveries, any decrease will be applied to deliveries made after the effective date of the decrease. Failure to comply with this provision will be considered as a default and will be subject to the “Suspension/Termination” and the “Contract Remedies” sections of the “Standard Contract Terms and Conditions”.

3.4 DELIVERY

Supplies will be delivered to the participating agency within 60 days after receipt of order. The delivery location will be noted on the purchase order issued by the participating agency.

3.5 PROHIBITION OF THE EXPENDITURE OF PUBLIC FUND FOR OFFSHORE SERVICES

No State Cabinet Agency, Board or Commission will enter into any contract to purchase services provided outside of the United States or that allows State data to be sent, taken, accessed, tested, maintained, backed-up, stored, or made available remotely outside (located) of the United States, unless a duly signed waiver from the State has been attained.

Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid for services the Contractor performs outside of the United States for which it did not receive a waiver. The State does not waive any other rights and remedies provided to the State in the Contract.

https://procure.ohio.gov/pdf/Standard_t_c_090821.pdf

Further, no State agency, board, commission, State educational institution, or pension fund will make any purchase from or investment in any Russian institution or company. Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid to Contractor for purchases or investments in a Russian institution or company in violation of this paragraph. The provisions of this paragraph will expire when the applicable Executive Order is no longer effective.

The Contractor must complete the Contractor/Subcontractor Affirmation and Disclosure Form affirming the Contractor understands and will meet the requirements of the above prohibition. During the performance of this Contract, if the Contractor changes the location(s) disclosed on the Affirmation and Disclosure Form, Contractor must complete and submit a revised Affirmation and Disclosure Form reflecting such changes.

4. INVITATION TO BID INSTRUCTIONS

Instructions, Terms and Conditions for Bidding that apply to the solicitation.

5. SPECIAL INSTRUCTIONS TO BIDDERS

5.1 CONTRACT AWARD

The contract will be awarded to the lowest responsive and responsible bidder by low lot total. Low lot total will be determined by multiplying the unit cost by the estimated usage listed in the bid and then adding each of the totals together to arrive at a total for all items. Failure to bid all items may result in the bidder being deemed not responsive.

5.2 EVALUATION

Bids will be evaluated in accordance with Article I-15 of the “Instructions to Bidders”. In addition, the state will: Multiplying the unit cost by the estimated usage listed in the bid and then adding each of the totals together to arrive at a total for all items.

https://procure.ohio.gov/pdf/EO2022-02D/04-Affirmation%20and%20Disclosure%20Form_3-4-22.pdf https://procure.ohio.gov/pdf/OhioBuys_ITB_Instructions_to_Bidders_030921.pdf

6. AMENDMENTS

6.1 SUMMARY OF AMENDMENTS

Amendment Number

Effective Date Description

1 04/01/24

This amendment is issued to notify that as a result of mutual agreement between the State of Ohio and the Contractor, the subject contract is renewed for an additional 24 months, effective 04/01/24 through 03/31/26. Additionally, this amendment is issued to update the product catalog by removing the Raman Handheld Analyzer item, effective with all orders issued on or after 04/01/24.

All other prices, terms and conditions remain unchanged.