ITB006156_Revised_Contract.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: HIGHWAY PATROL TROOPER HATS

CONTRACT No.: ITB006156

CONTRACT ID: 6156-A3

EFFECTIVE DATES: 11/1/2021 to 10/31/2023 *Renewal through 10/31/2026

SUPPLIER: Galls, LLC

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No. ITB006126 that opened on 09/22/21. 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 thirty-six (36) months unless the Contracting Agency determines that additional renewal is necessary.

This Requirements Contract is available to OHIO DEPARTMENT OF PUBLIC SAFETY, STATE HIGHWAY PATROL, 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 11/01/2024 per Amendment #3.

1 - SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE

These specifications apply to the purchase of Trooper Hats for the Ohio State Highway Patrol.

1.2 REQUIREMENTS

1.2.1 Where applicable instructions on measurements and/or applicable sizing charts should accompany this bid. If not submitted with the bid, Bidder(s) will have seven (7) calendar days after notification to provide same. Failure to provide instructions on measurements and/or applicable sizing charts as requested may result in the bidder being deemed not responsive. Bidders must specify if they are using standard or metric system measurements in their measurement and/or sizing charts.

1.2.2 Each item shall be packaged and marked for the individual or ordering agency as specified.

1.2.3 All items shall be stamped or labeled, including care instructions where applicable, indicating size, product origin and other information pertinent to labeling laws.

1.2.4 Where applicable all items shall have loose threads removed and be pressed, shaped and finished properly in accordance with industry standards.

1.2.5 All materials shall be first quality, new, unused and without flaws or defects which adversely affect appearance, durability or function.

1.2.6 Where applicable, emblems supplied by the agency(s) shall be sewn on or affixed as specified at no charge.

1.2.7 Any items found to be defective, improperly sized, or not in accordance with specifications, although accepted through oversight or otherwise, shall be replaced, repaired or altered at the expense of the contractor, including all transportation costs.

1.2.8 Any order placed pursuant to this contract, the delivery of such which contains items which do not conform with these specifications which is received through oversight or otherwise, may be rejected at any time. Any part of the order found not in compliance with specifications due to the fault of the contractor (e.g., color, defective or improper sizing), shall be altered or replaced by the contractor at his/her expense, including all transportation costs.

1.3 ITEMS

TROOPER HATS

Item 1. Trooper Fur Felt Hat – Brand Name or Equal Stratton F-40GG

Item 2. Trooper Straw Hat – Brand Name or Equal Stratton Item S-40TB

Item 3. Police Officer Fur Felt Hat – Brand Name or Equal Stratton F-38

Item 4. Police Officer Straw Hat – Brand name or Equal Stratton S-38

Item 5. Hat Rain Protector – Brand Name or Equal Stratton Style 130

1.4 SPECIFICATIONS

Item 1_1. Trooper Fur Felt Hat – Stratton F-40GG or equal

1.4.1.1 General:

Shall be Stratton hat, F-40GG quality or another manufacturer’s hat that meets or exceeds the F-40GG Stratton specification. Felt shall be made from fur mixture of virgin fur fibers from fine hare's fur (Arete 1-HXXX, all best white). This mixture shall not contain any piece furs which are cut, boiled or chopped nor any reused or reprocessed fibers. Weight shall be eight (8) ounces for medium size and shall be proportionately plus or minus for larger and smaller sizes. All bidders offering other than the specified hat shall bid a hat that meets, at a minimum, the specifications established herein.

1.4.1.2 Shape:

Shall be four dent crown Montana Peak 3¼" double thick stiff brim heavily sized and straight flat with narrow black band.

1.4.1.3 Eyelets:

Shall have four (4) eyelets in crown, eyelet in front of crown shall be 2 1/8" above brim. Eyelet in rear and side shall be 2¾" above brim. Shall have two (2) oval eyelets (for leather chin strap) located 1" off center toward front of hat.

1.4.1.4 Color:

The felt shall be Graphite Gray color and shall match that presently in use. Must evidence a minimum of discoloration at 100 hours FADE-OMETER test.

1.4.1.5 Finish:

Felt shall be properly ironed on appropriate size of block and pressed. Shall be free of dags, welts, shoves, streaks, crown marks and other imperfections. The felt shall be pounced evenly to remove excess hair, full nap and all extraneous matters to produce a clean and clear surface of uniform appearance.

1.4.1.6 Chin Straps:

Are not to be furnished with these hats.

1.4.1.7 Sweat Bands:

Shall be foam/oil silk.

1.4.1.8 Required Sizes:

Regulars Wide Ovals Long Ovals Reg 6+3/8 WO 6+3/8 LO 6+3/8 Reg 6+1/2 WO 6+1/2 LO 6+1/2 Reg 6+5/8 WO 6+5/8 LO 6+5/8 Reg 6+3/4 WO 6+3/4 LO 6+3/4 Reg 6+7/8 WO 6+7/8 LO 6+7/8

Reg 7 WO 7 LO 7 Reg 7+1/8 WO 7+1/8 LO 7+1/8 Reg 7+1/4 WO 7+1/4 LO 7+1/4 Reg 7+3/8 WO 7+3/8 LO 7+3/8 Reg 7+1/2 WO 7+1/2 LO 7+1/2 Reg 7+5/8 WO 7+5/8 LO 7+5/8 Reg 7+3/4 WO 7+3/4 LO 7+3/4

Item 1_2. Trooper Straw Hat – Stratton S-40TB or equal

1.4.2.1 General:

Shall be #1 quality Bedford Hem Braid tight weave. 5-5½ MM width. Shall be Stratton hat, NO. S-40TB quality or another manufacturer’s hat that meets or exceeds the S-40TB Stratton specification. All bidders offering other than the specified hat shall bid a hat that meets, at a minimum, the specifications established herein.

1.4.2.2 Color:

Shall be graphite gray.

1.4.2.3 Crown:

Shall be traditional four dent style (Montana Peak).

1.4.2.4 Sweat Band:

Shall be head culture foam sweat with oil silk leather.

1.4.2.5 Ribbon:

Shall be nine ligne yarn dyed grosgrain.

1.4.2.6 Crown Eyelets:

Shall have three to serve as vents, one on each side and one in the back located 2¾" above the brim.

1.4.2.7 Brim:

Shall be 3" wide straight flat to be sewn triple thickness to same material and a like number of rows per inch. Two brims shall be sewn together with a third inserted within, all sewn and attached to form one. Shall be made from 5 - 5½ MM Bedford Hemp.

1.4.2.8 Badge Eyelet:

Shall have one in front located 2 1/8" above the brim.

1.4.2.9 Brim Eyelet:

Shall be 5/8" oval one on each side to accommodate a chin strap located 1" off center toward the front of hat.

1.4.2.10 Stiffening:

Crown shall be double dipped and brim triple dipped with #21 sizing by Kempen paint.

1.4.2.11 Required Sizes:

Regulars Wide Ovals Long Ovals

Reg 6+3/8 WO 6+3/8 LO 6+3/8

Reg 6+1/2 WO 6+1/2 LO 6+1/2

Reg 6+5/8 WO 6+5/8 LO 6+5/8

Reg 6+3/4 WO 6+3/4 LO 6+3/4

Reg 6+7/8 WO 6+7/8 LO 6+7/8

Reg 7 WO 7 LO 7

Reg 7+1/8 WO 7+1/8 LO 7+1/8

Reg 7+1/4 WO 7+1/4 LO 7+1/4

Reg 7+3/8 WO 7+3/8 LO 7+3/8

Reg 7+1/2 WO 7+1/2 LO 7+1/2

Reg 7+5/8 WO 7+5/8 LO 7+5/8

Reg 7+3/4 WO 7+3/4 LO 7+3/4

Item 1_3. Police Officer Fur Felt Hat – Stratton F-38 or equal

1.4.3.1 General:

Shall be Stratton hat, F-38, graphite gray in color. Construction of quality 100% genuine virgin fur. All bidders offering other than the specified hat shall bid a hat that meets, at a minimum, the specifications established herein.

1.4.3.2 Sweat Band:

Head Culture – Leather Oil Silk.

1.4.3.3 Ribbon:

12 Ligne, Yarn Dyed Grosgrain

1.4.3.4 Crown:

Center Crease, Pre-Shaped 4 ¼” High with Side Dents.

1.4.3.5 Crown Vents:

2 Holes, 1 inch apart.

1.4.3.6 Brim Eyelets:

3/8” Oval, one on each side, to accommodate Chin Strap, Standard, Centered or Varied as Desired.

1.4.3.7 Badge Eyelets:

Normally, One in Front, Center about 2 1/4” above Brim. Variations may be made as desired or badge eyelets may be eliminated.

1.4.3.8 Brim:

3” wide, Double.

1.4.3.9 Required Sizes:

Regulars Wide Ovals Long Ovals

Reg 6+3/8 WO 6+3/8 LO 6+3/8

Reg 6+1/2 WO 6+1/2 LO 6+1/2

Reg 6+5/8 WO 6+5/8 LO 6+5/8

Reg 6+3/4 WO 6+3/4 LO 6+3/4

Reg 6+7/8 WO 6+7/8 LO 6+7/8

Reg 7 WO 7 LO 7

Reg 7+1/8 WO 7+1/8 LO 7+1/8

Reg 7+1/4 WO 7+1/4 LO 7+1/4

Reg 7+3/8 WO 7+3/8 LO 7+3/8

Reg 7+1/2 WO 7+1/2 LO 7+1/2

Reg 7+5/8 WO 7+5/8 LO 7+5/8

Reg 7+3/4 WO 7+3/4 LO 7+3/4

Item 1_4. Police Officer Straw Hat – Stratton S-38 or equal

1.4.4.1 General:

Shall be Stratton Straw hat, model S-38, graphite gray in color. 5 to 5 ½” M.M. Bedford Hemp Braid Tight Weave. All bidders offering other than the specified hat shall bid a hat that meets, at a minimum, the specifications established herein.

1.4.4.2 Sweat Band:

Head culture - Foam Sweat.

1.4.4.3 Ribbon:

12 Ligne, Yarn dyed grosgrain

1.4.4.4 Crown:

Center Crease, pre-shaded 4 ¼” high with side dents.

1.4.4.5 Crown Vents:

None

1.4.4.6 Brim Eyelets:

3/8” Oval, one on each side, to accommodate Chin Strap, Standard, and Centered or varied as desired.

1.4.4.7 Badge Eyelets:

Normally, one in front, Center about 2 1/4” above Brim. Variations may be made as desired or badge eyelet may be eliminated.

1.4.4.8 Brim:

3” wide, Single, Slight up-curl Flange

1.4.4.9 Required Sizes:

Regulars Wide Ovals Long Ovals

Reg 6+3/8 WO 6+3/8 LO 6+3/8

Reg 6+1/2 WO 6+1/2 LO 6+1/2

Reg 6+5/8 WO 6+5/8 LO 6+5/8

Reg 6+3/4 WO 6+3/4 LO 6+3/4

Reg 6+7/8 WO 6+7/8 LO 6+7/8

Reg 7 WO 7 LO 7

Reg 7+1/8 WO 7+1/8 LO 7+1/8

Reg 7+1/4 WO 7+1/4 LO 7+1/4

Reg 7+3/8 WO 7+3/8 LO 7+3/8

Reg 7+1/2 WO 7+1/2 LO 7+1/2

Reg 7+5/8 WO 7+5/8 LO 7+5/8

Reg 7+3/4 WO 7+3/4 LO 7+3/4

Item 1_5. Trooper and Police Officer Hat Rain Protector – Stratton Style 130 or equal

1.4.5.1 General:

Shall be Stratton Rain Hat Protector for men’s felt and straw hats, style 130 - Smoke. Made of virgin vinyl, color Smoke.

All bidders offering other than the specified rain hat protector shall bid a cover that conforms to the specifications established herein.

1.4.5.2 Required Sizes:

Small Medium Large Extra Large

Reg 6+1/2 Reg 6+7/8 Reg 7+1/4 Reg 7+5/8

Reg 6+5/8 Reg 7 Reg 7+3/8 + Larger

Reg 6+3/4 Reg 7+1/8 Reg 7+1/2

2 - STANDARD TERMS AND CONDITIONS

State of Ohio Standard Terms and Conditions (revised 5/15/20) 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 - DELIVERY

Supplies will be delivered to the participating agency within seventy (70) days after receipt of order. The delivery location will be noted on the purchase order issued by the participating agency.

3.3 - LATE DELIVERY LIQUIDATED DAMAGES

In accordance with the Standard Terms and Conditions Section VI. J. time is of the essence and on time delivery is a critical component of this bid/contract vital to the agencies which purchase materials using the contract and in the management of inventories and timely provision goods or services to their constituents. If the Contractor is unable to meet that delivery period, the CUSTOMER SERVICE AND DELIVERY NOTIFICATION clause of this Contract provides a mechanism for Contractor(s) to adjust the delivery period with the prior agreement of the ordering agency. If, after that process is initiated, the contractor is unable to provide delivery as promised, the agency, at its discretion may invoke Section VI. H, 2, of the Contract Standard Terms and Conditions (liquidated damages) as an offset against the invoice value of the order. This clause will not apply in cases of FORCE MAJEURE as defined by the Contract Terms and Conditions, Section VI. E.

3.4 - MINIMUM ORDER

No order shall be placed against a contract awarded pursuant to this bid for less than two hundred ($200.00) dollars.

3.5 - 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 thirty (30) 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 his 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.

https://procure.ohio.gov/pdf/Standard_t_c_051520.pdf

The price increase must be supported by a general price increase in the cost of the finished supplies, 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”.

3.6 - SWEATSHOP FREE

By the signature affixed to this ITB, Bidder certifies that all facilities used for the production of the supplies or performance of services offered in the bid are in compliance with applicable domestic labor, employment, health and safety, environmental and building laws. This certification applies to any and all suppliers and/or subcontractors used by the Bidder in furnishing the supplies or services described in the bid and awarded to the Bidder. If DAS receives a complaint alleging non-compliance with sweatshop free requirements, DAS may enlist the services of an independent monitor to investigate allegations of such non-compliance on the part of the Contractor, any sub-contractors or suppliers used by the Contractor in performance of the Contract. If allegations are proven to be accurate, the Contractor will be advised by DAS of the next course of action to resolve the complaint and the Contractor will be responsible for any costs associated with the investigation. Items that will be considered in an investigation include, but are not limited to standards for wages, occupational safety and work hours.

3.7 - CUSTOMER SERVICE AND DELIVERY NOTIFICATION: It is the responsibility of the Contractor under this Contract to provide order acknowledgement and accurate and proactive delivery and customer service information to the ordering agency.

Within two (2) working days of receipt of any order pursuant to this Contract, the Contractor shall provide a shipment and delivery date promise to the ordering agency. Such notification shall be in writing via email, FAX or other written method. If the anticipated delivery date exceeds the time required by the DELIVERY clause of the Contract, the contractor will work with the ordering agency to establish a mutually agreed delivery date. If, after an alternate delivery date has been agreed, the delivery date must be changed, the Contractor shall notify the ordering agency of the change and obtain the ordering agency’s agreement. This requirement applies equally where the Contractor makes the direct delivery or uses the services of a third party, subcontractor or fulfillment house to provide delivery of the order. If, after discussion, the contractor and ordering agency are unable to agree on a suitable delivery date, the agency may execute the terms of the LATE DELIVERY LIQUIDATED DAMAGES clause of this Contract. Failure to make or update the notification provided above within the prescribed time periods may be considered a default of the Contract.

4 - INVITATION TO BID INSTRUCTIONS

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

5 - SPECIAL INSTRUCTIONS TO BIDDERS

5.1 - EVALUATION

Bids will be evaluated in accordance with Article I-15 of the “Instructions to Bidders”. In addition, the state will multiply the bid unit price per item times the estimated annual usage per item and sum the totals for all items to arrive at the lowest overall cost for all items. Failure to bid all items may result in the bidder being deemed not responsive.

5.2 - CONTRACT AWARD

The items listed are being bid as Brand Name or Approved Equal in accordance with Ohio Administrative Code 123:5-1- 10(I). Bidders who offer alternate items to the Brand Names listed must provide detailed written justification with their Bid, describing how the alternate items offered meet or exceed the Brand Name items specified. The specifications for the Brand Names listed are considered necessary only to establish functional requirements. Proprietary design, exact dimensions, capacities, or restrictive features will not preclude acceptance of other recognized alternates meeting comparable performance requirements as determined by the State. Bidder signifies compliance or non-compliance with specifications by listing and outlining all deviations from specifications on company letterhead and returning it with the bid. Failure to provide this information may deem the bid not responsive.

5.3- AUTHORIZED DISTRIBUTOR OR MANUFACTURER’S REPRESENTATIVE

Bidders responding to this Bid must be authorized distributors, manufacturers or representatives of manufacturers of the items bid. Bidders may be required to submit proof of the above. If requested, bidders will have seven (7) calendar days to provide proof of the relationship. If requested Bidders shall submit certification attesting that they are the manufacturer, or an authorized dealer, distributor or manufacturer’s representative of the products being bid. This certification must be on the manufacturer’s letterhead, signed by a duly authorized employee of the manufacturer.

6– AMENDMENTS

6.1– SUMMARY OF AMENDMENTS

Amendment Number

Effective Date Description

3 11/01/24

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 24 months, effective 11/01/24 through 10/31/26. This amendment is also issued to update the pricelist, effective with all orders issued on or after 11/01/24. All other prices, terms and conditions remain unchanged.

2 11/01/23

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 12 months, effective 11/01/23 through 10/31/24. All other prices, terms and conditions remain unchanged.

1 03/27/23 This amendment is issued to increase pricing for all items, effective with all orders issued on or after 03/27/23. Additionally, this amendment is issued to add the Prohibition of the Expenditure of Public Funds for Offshore Services special term.

https://procure.ohio.gov/pdf/OhioBuys_ITB_Instructions_to_Bidders_030921.pdf