ITB007812_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: INSTANT LOTTERY GAME TICKET DISPENSERS

CONTRACT No.: ITB007812

CONTRACT ID: 7812

EFFECTIVE DATES: 4/1/2022 to 3/31/2026

SUPPLIER: TAKE-A-TICKET INC.

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No. SRC0000001621. 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 Lottery Commission, 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

1 - SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE:

The purpose of this bid is to obtain a contractor(s) to provide instant lottery game tickets dispensers and any other lottery equipment, as specified herein, for purchase by the Ohio Lottery Commission. As indicated herein, all items are to be shipped F.O.B. destination, transportation charges prepaid, inside dock delivery.

1.2 REQUIREMENTS: Dispensers will be wall mounted, in-counter or counter dispensers.

1.2.1 In-Counter Ticket Dispenser

1.2.1.1 Dispensers are to hold multiple instant ticket games.

1.2.1.2 All hardware for mounting/installation must be included.

1.2.1.3 Dispensers are to have a continuous ticket feed.

1.2.1.4 Each ticket dispenser holds up to three hundred (300) tickets.

1.2.1.5 Ticket cutter/feeder, on front edge of tray, has rollers for smooth dispensing of tickets and can be replaced if broken without replacing the whole tray.

1.2.1.6 Mirrors and plastic front window are included.

1.2.1.7 Each unit includes two (2) pieces of tempered safety glass with a metal trim top.

1.2.1.8 Top piece of tempered safety glass and the plastic front window are removable for easy cleaning and replacement.

1.2.1.9 The bottom piece of tempered safety glass is sealed against leakage of liquids.

1.2.1.10 An adjustable surround, to adjust the unit to the desired height under the counter, is to be included.

1.2.1.11 The main body of the dispenser and removable tray are constructed of durable transparent plastic.

1.2.1.12 Each removable tray is individually locked.

1.2.2 Counter-Top Ticket Dispenser – Counter-Top Ticket Dispensers are not included in this Contract.

1.2.3 Wall Mounted Ticket Dispensers

1.2.3.1 Outer cover fabricated of 3/16” clear plastic with two (2) retaining strips for easy placement.

1.2.3.2 One bolt action lock with two (2) keys, located on the end of the cover and secured through a slot in the ticket feed strip.

1.2.3.3 Dispenser sides, bottom and front fabricated of transparent plastic.

1.2.3.4 Ticket feed strip is located at the bottom and fabricated from transparent plastic.

1.2.3.5 Injection molded ticket tightener cutting edge mounted on the feed strip.

1.2.3.6 Tape and screws are to be supplied for mounting purposes.

1.2.3.7 Operating and loading instructions are to be included for each unit.

1.2.4 Miscellaneous Requirements for all other Catalog Equipment

1.2.4.1 Operating and loading instruction are to be included with each item.

1.2.4.2 All units are to be made in the U.S.A.

1.2.4.3 All cartons are to be labeled for quantity and contents.

1.2.4.4 Packing lists are to accompany each shipment.

1.2.4.5 Factory seconds, refurbished, or used equipment shall not be accepted.

1.3 PACKAGING

Large orders must be shrink-wrapped and on pallets not to exceed a height of six (6) feet, and double-stacked skids not to exceed a height of seven (7) feet.

1.4 WARRANTY SERVICE

The contractor will be responsible for all expenses incurred for pick up and return, or transportation and or service calls, for repair of any of the equipment, thereof, awarded as a result of this bid while said equipment is under warranty.

Upon expiration of the standard warranty, the contractor(s) may negotiate a continued maintenance contract with the using agency in accordance with State Purchasing regulations.

1.5 CONTRACTOR REQUIREMENTS

It shall be the successful contractor(s) responsibility to supply the literature (catalogs), price list, and warranty (identical to the ones submitted with the bid) after notification of award as follows:

Five (5) copies to:

Theresa Jones Ohio Lottery Commission 615 Superior Avenue NW Cleveland, OH 44113

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 thirty (30) days after receipt of order. The delivery location will be noted on the purchase order issued by the participating agency.

3.3 - COMPETITIVE SELECTION - TWO PHASE AWARD-QUOTE

This solicitation may be awarded to more than one Supplier of the same or similar types of supplies or services at varying prices for delivery within the same geographic area. If the contract is awarded to multiple Suppliers, providing the same or similar supplies or services in the same geographic area, Ordering Agencies shall solicit quotes for the required supplies or services from multiple awarded Suppliers, prior to ordering.

3.4 - MINIMUM ORDER

No order shall be placed against a contract awarded pursuant to this bid for less than twenty-five ($25.00) dollars. The minimum dollar value of any order placed against a contract awarded pursuant to this bid for delivery FOB destination, transportation charges prepaid, at any one time to one destination, shall not be less than one hundred fifty ($150.00) dollars. Orders for less the than the minimum order amount will be shipped F.O.B. destination, prepaid with actual freight charges added to the invoice.

The Ohio Lottery Commission may require an actual copy of the freight invoice to substantiate freight charged.

3.5 - FIXED-PRICE WITH COST ADJUSTMENT

The Contractor’s catalog and/or price list submitted with the bid and included as part of the contract award will remain in effect during the first six (6) months of the Contract. Thereafter, there may be a new catalog and/or price list with additional items published. In this case it will be necessary for the Contractor to supply the Office of Procurement Services with one (1) copy of each as applicable. The State reserves the right to accept additional items which benefit the intent of this Contract. The discount awarded on the original Contract will not change for the life of the contract. Pricing contained in the new catalog and/or price list will become effective thirty (30) days after receipt of notice by the Office of Procurement Services. Thereafter, state agencies may obtain the new catalog and/or price list from the Contractor. Requested literature and price lists must be provided to the requesting agency within ten (10) calendar days of the request.

* 3.6 – 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.

* Indicates updated language regarding the Expenditure of Public Funds for Offshore Services, effective 11/1/22.

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

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 shall submit, as part of their bid response, exact descriptive literature of the supplies or services being offered. The descriptive literature is to include the price list(s) in effect at the time of bid submission and upon which the bid response is based. The descriptive literature will be used in the evaluation process to determine the lowest responsive and responsible bidder. Any references, that may appear in the descriptive literature, that may alter the terms and conditions and specifications of the bid (e.g. F.O.B. Shipping Point or Prices Subject to Change), will not be part of any contract and will be disregarded by the state of Ohio. Failure of the bidder to furnish descriptive literature and price list as part of their bid response will deem the bidder 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 evaluate this bid using the percentage discount offered in “Percent Discount Off List Price if Order Totals $10,000.01 to $60,000.00” pricing line item. The bidders must include all shipping and freight cost in the price located in their price catalog that is submitted with this bid.

5.3 - CONTRACT AWARD

A contract will be awarded to one responsive and responsible bidder per manufacturer with the highest discount off the catalog price using “Percent Discount Off List Price if Order Totals $10,000.01 to $60,000.00”. Where two or more bidders offer the same manufacturer, the contract will be awarded to the bidder offering the greatest discounts off of the catalog price submitted with the bid.

5.4 - 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 shall submit, with their bid, a letterhead statement from the manufacturer attesting that they are the manufacturer, or an authorized 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. If awarded a contract pursuant to this solicitation, the Contractor(s) shall remain an authorized distributor, manufacturer, or representative of manufacturers for the duration of the contract and all subsequent contract renewals.

5.5 - PRODUCT SAMPLES

The bidder(s) may be required to submit samples of the supplies being offered. The samples may 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 may be required to provide the samples within ten (10) calendar days after notification. Failure to provide the samples within the stated time period may 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.

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 11/01/22 This amendment is issued to notify updated language regarding the Prohibition of the Expenditure of Public Fund for Offshore Services and to add an Amendments section to the contract.

* Indicate the addition of an Amendments section to the contract, effective 11/1/22