ITB006204_DRC015_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: UNIFORM APPAREL FOR OHIO DEPARTMENT OF REHABILITATION AND

CORRECTION UNIFORMED SECURITY STAFF

CONTRACT No.: ITB006204

CONTRACT ID: 6204

EFFECTIVE DATES:11/01/2021 to 10/31/2023

*Renewal through 10/31/2025

SUPPLIER: GALLS, LLC

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No. ITB006204 that opened on 09/24/21. 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 REHABILITATION AND CORRECTION, 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 11/01/2023.

1 - SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE:

1.1 The purpose of this Invitation to Bid is to establish a contract providing uniform apparel for uniformed security staff of the Ohio Department of Rehabilitation and Correction.

1.2 REQUIREMENTS:

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

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

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

1.2.5 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.

1.2.6 Any order placed pursuant to this contract the delivery of such which contains items which do not conform to these item 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 ITEM CATEGORIES:

1.3.1 Category A. Duty Shirts, Duty Trousers, and Duty Belt

Item 1_1 – Women’s Short Sleeve Shirt; White; Sizes 30-52

Item 1_2 – Women’s Short Sleeve Shirt; White; Sizes 54-64

Item 1_3 – Women’s Short Sleeve Shirt; Silver Gray; Sizes 30-52

Item 1_4 – Women’s Short Sleeve Shirt; Silver Gray; Sizes 54-64

Item 1_5 – Women’s Long Sleeve Shirt; White; Sizes 30-52

Item 1_6 – Women’s Long Sleeve Shirt; White; Sizes 54-64

Item 1_7 – Women’s Long Sleeve Shirt; Silver Gray; Sizes 30-52

Item 1_8 – Women’s Long Sleeve Shirt; Silver Gray; Sizes 54-64

Item 1_9 – Men’s Short Sleeve Shirt; White; Sizes S-4XL

Item 1_10 – Men’s Short Sleeve Shirt; White; Sizes 5XL-7XL

Item 1_11 – Men’s Short Sleeve Shirt; Silver Gray; Sizes S-4XL

Item 1_12 – Men’s Short Sleeve Shirt; Silver Gray; Sizes 5XL-7XL

Item 1_13 – Men’s Long Sleeve Shirt; White; Sizes (Neck) 14-20

Item 1_14 – Men’s Long Sleeve Shirt; White; Sizes (Neck) 21-24

Item 1_15 – Men’s Long Sleeve Shirt; Silver Gray; Sizes (Neck) 14-20

Item 1_16 – Men’s Long Sleeve Shirt; Silver Gray; Sizes (Neck) 21-24

Item 1_17 – Men’s Trouser; Black; Sizes 28-44

Item 1_18 – Men’s Trouser; Black; Sizes 46-54

Item 1_19 – Men’s Trouser; Charcoal; Sizes 28-44

Item 1_20 – Men’s Trouser; Charcoal; Sizes 46-54

Item 1_21 – Women’s Trouser; Black; Sizes 04-20 Reg or Long

Item 1_22 – Women’s Trouser, Charcoal; Sizes 04-20 Reg or Long

Item 1_23 – Duty Belt; Black; Sizes XS-4XL

1.3.2 Category B. Outerwear, Rainwear, and Duty Watch Caps

Item 2_1 – Outerwear Jacket; Hip Length; Black; Sizes XS-2XL

Item 2_2 – Outerwear Jacket; Hip Length; Black; Sizes 3XL-4XL

Item 2_3 – Outerwear Jacket; Waist Length; Black; Sizes XS-2XL

Item 2_4 – Outerwear Jacket; Waist Length; Black; Sizes 3XL-4XL

Item 2_5 – Rainwear Jacket; Black; Sizes S-6XL

Item 2_6 – Rainwear Trousers; Black; Sizes S-2XL

Item 2_7 – Rainwear Trousers; Black; Sizes 3XL-6XL

Item 2_8 – Duty Watch Cap; Black; Size Reg

Item 2_9 – Duty Watch Cap; Black; Size Oversized

1.4 ITEM SPECIFICATIONS

1.4.1 Category A. Item(s) 1_1 through 1_4 – Women’s Short Sleeve Shirt. Brand Name Only – Flying Cross Women’s Deluxe Tropical Short-Sleeved Shirt.

1.4.1.1 Detailed item specifications are as follows:

65% Polyester, 35% Rayon Construction

7-Button Placket Front

Scalloped Flaps with Velcro Closures

Color(s): White, Silver Gray

Sizes: 30-64

1.4.2 Category A. Item(s) 1_5 through 1_8 – Women’s Long Sleeve Shirt. Brand Name Only – Flying Cross Women’s Deluxe Tropical Long-Sleeved Shirt.

1.4.2.1 Detailed item specifications are as follows:

Scalloped Flaps with Velcro Closures

Sizes: 30-64

1.4.3 Category A. Item(s) 1_9 through 1_12 – Men’s Short Sleeve Shirt. Brand Name Only – Flying Cross Men’s Deluxe Tropical Short-Sleeved Shirt.

1.4.3.1 Detailed item specifications are as follows:

Scalloped Flaps with Velcro closures

Sizes: S-7XL

1.4.4 Category A. Item(s) 1_13 through 1_16 – Men’s Long Sleeve Shirt. Brand Name Only – Flying Cross Men’s Deluxe Tropical Long-Sleeved Shirt.

1.4.4.1 Detailed item specifications are as follows:

Scalloped Flaps with Velcro Closures

Sizes: 14-24

1.4.5 Category A. Item(s) 1_17 through 1_20 – Men’s Trouser. Brand Name Only – 5.11 Men’s Taclite Pro Pant.

1.4.5.1 Detailed item specifications are as follows:

65% polyester, 35% Cotton Ripstop Construction with Teflon Finish

Double-Reinforced Seat and Knees

8 Total Pockets

Bartacking at Major Seams and Stress Points

Hip-Mounted D Ring

Color(s): Black, Charcoal

Sizes: 28-54

1.4.6 Category A. Item(s) 1_21 and 1_22 – Women’s Trouser. Brand Name Only – 5.11 Women’s Taclite Pro Pant.

1.4.6.1 Detailed item specifications are as follows:

Polyester/Cotton Ripstop Construction with Teflon Finish

Double-Reinforced Seat and Knees

Bartacking at Major Seams and Stress Points

Hip-Mounted D Ring

Color(s): Black, Charcoal

Sizes: 04-20, Reg and Long

1.4.7 Category A. Item(s) 1_23 – Duty Belt. Brand Name Only – Safariland Model 992 Reversible Duty Belt 1.5”.

1.4.7.1 Detailed item specifications are as follows:

1.5” Width

Buckless Construction

Hook and Loop Closure

Color(s): Black

Finishes: Nylon, Plain

Sizes: XS-4XL

1.4.8 Category B. Item(s) 2_1 and 2_2 – Outerwear Hip-Length Jacket. Brand Name Only – 5.11 Valiant Duty Jacket.

1.4.8.1 Detailed item specifications are as follows:

100% Nylon Plain Weave Hardshell Outer Construction, Blood Borne Pathogen

Resistant

100% Polyester Plain Weave Face with Micro Fleece Backer Inner Construction, Removable

10K/6K Waterproof Breathable Rating

Right and Left Chest Zipper Pockets

Adjustable Hood Stored in Collar

Color(s): Black

1.4.9 Category B. Item(s) 2_3 and 2_4 – Outerwear Waist-Length Jacket. Brand Name Only – 5.11 Signature Duty Jacket.

1.4.9.1 Detailed item specifications are as follows:

Waterproof Outer Construction

Zip-out Quilted Liner

Handwarmer Pockets

Elasticized Hem

Hook and Loop Storm Cuffs

1.4.10 Category B. Item(s) 2_5 – Rainwear Jacket. Brand Name Only – Gerber Typhoon Rainwear Jacket.

1.4.10.1 Detailed item specifications are as follows:

Waterproof Taslan Outer Shell with High Visibility ANSI 107 Class 3 Interior

Double Storm-Flap Front with Reversable Zipper Closure

Drop-in, Concealable Hood

Mic Tabs, Badge Tabs and Hand Pockets on both the Interior and Exterior Sides

Sizes: S-6XL

1.4.11 Category B. Item(s) 2_6 and 2_7 – Rainwear Trousers. Brand Name Only – Spiewak Tactical Response Pant.

1.4.11.1 Detailed item specifications are as follows:

WeatherTec Waterproof, Rainproof, Breathable Lining with Sealed Seams

Two Zippered Side and Back Pockets

Articulated Knee

Zippered Side Vents with Snap-Flare Closure

Sizes: S-6XL

1.4.12 Category B. Item(s) 2_8 and 2_9 – Duty Watch Cap. Brand Name Only – Cobmex Duty Watch Cap.

1.4.12.1 Detailed item specifications are as follows:

45% Acrylic, 45% Wool, 10% Polyester Construction

100% Polyester Micro-fleece lining

92% Polyester/8% Spandex Band

Sizes: Regular and Oversized

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

The Contractor shall maintain inventory to fulfill orders as quickly as possible. Regularly stocked items; those up to and including size 4 Extra Large (4XL) shall be delivered to the ordering agency location between seven to thirty (30) days after receipt of order (ARO). Special cut items which are not stocked or may be out of stock consisting of sizes 5 Extra Large (5X) and larger and all long body short sleeve shirts and size 23 neck or larger long sleeve shirts may take up to 150 days after receipt of order (ARO) due to required manufacturing lead times. If the Contractor is not able to perform within the above delivery parameters, they will notify the ordering location of such after order placement and work out a mutually agreed delivery lead time.

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 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 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 - 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 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.

3.5 - PROHIBITION OF THE EXPENDITURE OF PUBLIC FUNDS 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.

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 - 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.

5.2 - CONTRACT AWARD

The contract will be awarded to the lowest responsive and responsible bidder by specified manufacturer brand pursuant to Ohio Administrative Code 123:5-1-10(K). No other brands of products will be acceptable. Additionally, this contract will be awarded by item category adhering to the specified manufacturer brand requirement. A bidder may be awarded multiple categories. Failure to bid all items in a category may deem the bidder not responsive.

* Denotes addition of the Prohibition of the Expenditure of Public Funds for Offshore Services clause.

5.3 - EVALUATION

Bids will be evaluated in accordance with Article I-17 of the “Instructions to Bidders”. In addition, the state will multiply the estimated usage by the bid item price and sum the total bid price for all items in a category to arrive at an award. A bidder may be awarded multiple categories.

6 – AMENDMENTS

6.1 – SUMMARY OF AMENDMENTS

Amendment Number

Effective Date

Description

3 01/05/24 This amendment is issued to update the pricelist effective with all orders issued on or after 01/05/24. All other prices, terms and conditions remain unchanged.

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 24 months, effective 11/01/23 through 10/31/25. All other prices, terms and conditions remain unchanged.

1 03/11/22 This amendment is issued to add a pricelist as a public document.