ITB007234-1_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: OVER THE COUNTER MEDICATION FOR RESALE

CONTRACT No.: ITB007234-1

CONTRACT ID: 7234-A3

EFFECTIVE DATES: 2/14/2022 to 1/31/2024

*RENEWAL THROUGH 1/31/26

SUPPLIER: NATIONAL FOOD GROUP INC.

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No. SRC0000002238 that opened on 01/21/2022. 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 01/31/26 unless the Contracting Agency determines that additional renewal is necessary.

This Requirements Contract is available to the Ohio Department of Mental Health and Addiction Services, 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

*Denotes a 12-month renewal, per amendment 6.

1. SPECIFICATIONS AND REQUIREMENTS

1.1. SCOPE OF WORK

1.1.1. The Department of Administrative Services (DAS), on the behalf of the Department of Mental Health and Addiction Services (DMH), is seeking a Contractor to supply over-the-counter medication. Bidders shall bid the applicable items along with a discount percentage that will be applied to the rest of the Bidders’ over-the-counter medication offerings and made available to DMH. These products will be displayed for resale in Department of Rehabilitation and Correction (DRC) Commissaries. Clear packaging will be required for some Items and preferred for others as noted below. The clear packaging allows DRC employees to easily identify the contents of the container during inspections.

1.2. CONTRACTOR’S RESPONSIBILITY

1.2.1. The Contractor shall provide the products as outlined herein and ensure that quality product is being provided.

1.2.2. The Contractor shall ensure that all products offered comply with all applicable Federal, State, and local regulations.

1.2.3. *The Contractor shall ensure that changes to the Universal Product Code (UPC) of each product will occur no more often than in concurrence with a price change in compliance with FIXED PRICE WITH ECONOMIC ADJUSTMENT. Once a (UPC) change has been made it will remain fixed until another price change is approved.

1.2.4. The Contractor shall immediately notify the Agency should an item become temporarily out of stock, on backorder, or if delivery cannot be made. No item substitutions will be allowed without authorization from the Agency. This authorization is only good for the specified incident and only for that order, unless otherwise specified.

1.2.5. *The Contractor will have the opportunity to make adjustments to the price list and UPC codes of products in accordance with the schedule outlined under FIXED PRICE WITH ECONOMIC ADJUSTMENT. If an adjustment is made it shall remain fixed until the next adjustment is approved. If the Contractor does not make a price change or UPC code change to an item, the price and UPC code must remain unchanged from the most recent agreed upon modification.

1.3. REQUIREMENTS

1.3.1. Product

1.3.1.1. Products listed in the Clear Packaging Required grid must be packaged in clear plastic bottles free of any coloring or tint.

1.3.1.2. Any Product that is marked “Yes” for clear packaging in the Clear Packaging Preferred grid must be packaged in clear plastic bottles free of any coloring or tint.

1.3.1.3. If a product is packaged in a squeeze tube or packaging other than a bottle it is preferred that the packaging be clear. It is understood that clear packaging is not always available.

1.3.1.4. Products must have labels that clearly communicate the necessary information for individual resale/display.

1.3.1.5. Labels and packaging shall be free from any defects that includes, but are not limited to, printing errors, printing smudges/smears, cracks and tears or other damage, as applicable.

1.3.1.6. All products shall be clean, sound, wholesome, and be free from foreign material such as, but not limited to, dirt, insect parts, hair, wood, glass, or metal.

*Denotes an update to contract language, per amendment 5.

1.3.1.7. Individual packages of product shall contain the specified quantity of product outlined in the price grid.

1.3.1.8. Centrum adult multivitamin brand or approved equal is required. This Item must be packaged in clear packaging.

1.3.2. Delivery

1.3.2.1. The Department of Mental Health and Addiction Services receiving hours are as follows: 7:00 am - 3:30 pm Monday through Friday, State Holidays excluded. The Contractor must work with the Agency to account for their delivery needs.

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. DELIVERY

Supplies will be delivered to the participating agency within seven (7) days after receipt of order. The delivery location will be noted on the purchase order issued by the participating agency.

3.3. 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.

3.4. PRODUCT CATALOG

The Bidder(s) may be required to submit a copy of their current catalog. This catalog should, at a minimum, detail all items being offered on this Contract and the current price(s) associated with each item offered. If not provided as part of the bid response, the Bidder must provide said catalog within five (5) calendar days after request/notification by DAS. The State reserves the right to request additional information as it relates to the catalog. This additional information must be provided within five (5) calendar days after request/notification by the State. During the term of the Contract, any changes to the catalog offerings must be submitted to DAS at least thirty (30) days in advance. An update to the Contractor’s catalog may be requested at any time during the duration of the Contract, and any extensions thereto.

3.5. PRODUCT SAMPLES

The bidder(s) may be required to submit samples of the supplies being offered. The samples will be used in the evaluation process to determine the lowest responsive and responsible bidder. If not included as part of their bid response, the bidder will be required to provide the samples within seven (7) calendar days after notification. Failure to provide the samples within the stated time period will result in the bidder being deemed not responsive. After award of the contract, the samples will be used as a basis of comparison with actual product delivered under contract. Any variation between the samples and product being delivered will be considered as an event of default. Any variations between the samples and actual product being delivered that are due to manufacturer changes may be acceptable and shall require prior written approval from DAS.

3.6. FDA REGISTRATION

By submitting this Bid, Bidder is certifying, pursuant to the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (the Bioterrorism Act), that all domestic and foreign facilities that manufacture, process, pack or hold food for human or animal consumption in the United States are registered with the Food & Drug Administration (FDA).. This registration includes owners, operators, or agents in charge of domestic or foreign facilities that manufacture/process, pack, or hold food for human or animal consumption in the United States. All domestic facilities, whether or not food enters interstate commerce, are required to register. Facilities may complete their registration with the FDA online at:

http://www.fda.gov/food/guidanceregulation/foodfacilityregistration/default.htm

3.7. EVALUATION

Bids will be evaluated in accordance with Article I-15 of the “Instructions to Bidders”. In addition, the state will: Multiply the Unit Price by the Estimated Annual Usage listed in the Bid, then add each of the Total costs together to arrive at an Annual Total for all Items to determine the lowest responsible and responsive bidder. Failure to Bid all items may result in the bidder being deemed not responsive.

https://procure.ohio.gov/pdf/Standard_t_c_090821.pdf http://www.fda.gov/food/guidanceregulation/foodfacilityregistration/default.htm

3.8. 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.

3.9. CATALOG DISCOUNT – FIRM FIXED

The discount percentage is a firm fixed amount. The Contractor is required to provide the discount to the Agency at the listed amount for the duration of the contract, and any extensions thereto.

3.10. *FIXED PRICE WITH ECONOMIC ADJUSTMENT

The contract prices(s) will remain firm for the first six (6) months duration of the contract. Thereafter, the Contractor may submit a request to adjust their price list at least 30 days prior to the intervals below, to be effective the first day after the applicable interval. Any increase is subject to DAS approval.

By the last day of February By the last day of May By the last day of August By the last day of November

Any price list adjustments associated with this contract will remain fixed until the next interval increase is approved.

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”.

* Indicates the modification of mutually agreed upon language regarding Fixed Price with Economic Price Adjustment to the contract, effective 05/01/24, per amendment 5.

3.11. *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.

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.

*Indicates the addition of mutually agreed upon language regarding prohibition of the expenditure of public fund for offshore services to the contract, effective 11/18/22, per amendment 1.

4. INVITATION TO BID INSTRUCTIONS

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

5. SPECIAL INSTRUCTIONS TO BIDDERS

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

02/01/25

As a result of mutual agreement, the subject contract is renewed for a period of 12 months, effective 02/01/25 through 01/31/26.

All other prices, terms and conditions remain unchanged.

05/01/24

This amendment is issued to denote a modification of mutually agreed upon language regarding Fixed Price with Economic Price Adjustment, an update to contract terms, and an update to the pricelist, effective on all orders placed on or after 05/01/24.

All other prices, terms and conditions remain unchanged.

02/01/24

As a result of mutual agreement, the subject contract is renewed for a period of twelve (12) months, effective 02/01/24 through 01/31/25.

All other prices, terms and conditions remain unchanged.

3 11/17/23

This amendment is issued to update the price list, effective with all orders issued on or after 11/17/23.

All other prices, terms and conditions remain unchanged.

2 10/02/23

This amendment is issued to update the contract number and reflect the contract assignment from Athletes Needs Inc. to National Food Group Inc., effective with all orders issued on or after 10/02/23.

All other prices, terms and conditions remain unchanged.

1 11/18/22

This amendment is issued to update the price list, effective with all orders issued on or after 11/18/22.

Additionally, this amendment is issued to include updated language regarding the

Prohibition of the Expenditure of Public Funds for Offshore Services.

All other prices, terms and conditions remain unchanged.