ITB018599_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 GARMENTS FOR THE OHIO STATE HIGHWAY PATROL

CONTRACT No.: ITB018599

CONTRACT ID: CTR018599-A1

EFFECTIVE DATES: 12/13/2023 to 6/30/2024

*Renewal through 6/30/26

SUPPLIER: GALLS LLC

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

SRC0000014805. 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 twenty-four (24) months, unless the Contracting Agency determines that additional renewal is necessary.

This Requirements Contract is available to the Ohio Department of Public Safety, Ohio 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 OhioBuys public portal at the following address:

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

Signed: _____________________________________________________________________

Kathleen C. Madden, Director Date

*Denotes renewal effective 07/01/24, per Amendment 1.

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

1 - SPECIFICATIONS AND REQUIREMENTS

1.1. SCOPE

The specifications below state the detailed requirements for selected uniform components for the uniformed staff of the Ohio Department of Public Safety (ODPS) / Ohio State Highway Patrol (OSHP).

1.2. GENERAL SPECIFICATIONS

1.2.1 Custom measurements and/or sizing shall be conducted by Contractor within thirty (30) days of receipt of order, at a time and place designated by OSHP representatives. Applicable sizing charts shall be provided to OSHP upon request.

1.2.2 Contractor must state whether they are using standard or metric system measurements in their measurement and/or sizing charts.

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

1.2.4 Where applicable all garments shall be designed to withstand institutional laundering.

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

1.2.6 All items shall have loose threads removed and be pressed, shaped and finished properly in accordance with industry standards.

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

1.2.8 Any order received pursuant to this contract that does not conform with the specifications herein for the item ordered, although accepted through oversight or otherwise, may be rejected at any time. Any part of the order found not in accordance 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 their expense, including all transportation costs. Any rejected item that cannot be altered to meet all terms and conditions of the specifications shall not be offered for sale to anyone else or otherwise disposed of as a wearable garment by the manufacturer without approval of the Superintendent of the OSHP.

1.2.9 For shirts, OSHP left and right shoulder patches shall be affixed, as directed by OSHP, at no additional cost. The patches will be supplied by OSHP. Patches are to be sewn on without the use of adhesives or glues.

1.3. BRAND SPECIFIC ITEMS AND ESTIMATED USAGE

The following items are being bid as Brand Specific. No other brands will be accepted. These Brand Specific items are custom made by Spiewak for OSHP, and the item numbers listed reference the custom items Spiewak has created for OSHP. Contractors must provide the custom items created by Spiewak for

OSHP.

NOTE: These items were previously bid under SRC0000011043 as brand specific or equal. These items will not be awarded under SRC0000011043. If you submitted a bid under that solicitation, you are encouraged to submit a bid under this solicitation.

1.3.1 Item 1: Spiewak Women’s OSHP Sorbtek EXS Uniform Trouser

• Manufacturer Item Number: SU620OH

• Color(s): OSHP Dark Heather Gray; must match approved retained samples.

• Size(s): All sizes, custom tailored.

1.3.2 Item 2: Spiewak Men’s OSHP Sorbtek EXS Uniform Trouser

• Manufacturer Item Number: SU620OH

• Color(s): OSHP Dark Heather Gray; must match approved retained samples.

• Size(s): All sizes, custom tailored.

1.3.3 Item 3: Spiewak Women’s OSHP Short Sleeve Sorbtek EXS Uniform Shirt

• Manufacturer Item Number: SU611OH

• Color(s): OSHP Gray; must match approved retained samples.

• Size(s): All sizes, custom tailored.

1.3.4 Item 4: Spiewak Men’s OSHP Short Sleeve Sorbtek EXS Uniform Shirt

• Manufacturer Item Number: SU610OH

• Color(s): OSHP Gray; must match approved retained samples.

• Size(s): All sizes, custom tailored.

1.3.5 Item 5: Spiewak Women’s OSHP Long Sleeve Sorbtek EXS Uniform Shirt

• Manufacturer Item Number: SU616OH

• Color(s): OSHP Gray; must match approved retained samples.

• Size(s): All sizes, custom tailored.

1.3.6 Item 6: Spiewak Men’s OSHP Long Sleeve Sorbtek EXS Uniform Shirt

• Manufacturer Item Number: SU615OH

• Color(s): OSHP Gray; must match approved retained samples.

• Size(s): All sizes, custom tailored.

2 - STANDARD TERMS AND CONDITIONS

State of Ohio Standard Terms and Conditions (revised 04/10/23) will apply to this Contract.

3 - CONTRACT SPECIFIC TERMS AND CONDITIONS

3.1 ORDER OF PRIORITY

The order of priority of the Contract will be the following: 1.) Specifications and Requirements; 2) Contract Specific Terms and Conditions; 3) Standard Terms and Conditions.

3.2 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.

https://procure.ohio.gov/static/pdf/About_Procurement/Procurement_Policies/Standard_T_C_04-10-23.pdf

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 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.

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

The initial order may have a delivery lead time of up to six (6) months. Bidders shall indicate on the Questionnaire the initial order delivery lead time. Contractor shall communicate to the ordering agency the lead time for the initial order. Thereafter, supplies will be delivered to the participating agency within ninety (90) days after receipt of order. The delivery location will be noted on the purchase order issued by the participating agency.

3.5 MINIMUM ORDER

The minimum dollar value of any order placed against a contract awarded pursuant to this bid for delivery F.O.B.

destination, transportation charges prepaid and allowed at any one time to one destination, shall not be less than two hundred ($ 200.00) dollars. Orders for less than the minimum order amount will be shipped F.O.B.

destination, prepaid with actual freight charges added to the invoice. The Ohio Department of Public Safety may require an actual copy of the freight invoice to substantiate freight charged.

3.6 SPECIAL CHARGES

There shall be no assessments, up-charges, single item charges, surcharges, re-stocking fees, minimum order charges or any other charges which are not specifically authorized under any of the terms and conditions of this bid/contract or any ensuing contract awarded pursuant to this bid. The Contractor must provide merchandise/service in unit quantity(s) as indicated in this Bid and resulting Contract. State of Ohio government agencies using this contract are exempt from State of Ohio Sales Tax.

3.7 SWEATSHOP FREE

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.

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 items listed are being bid as Brand Specific in accordance with Ohio Administrative Code 123:5-1-10(K). No other brands of products will be acceptable. 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-17 of the “Instructions to Bidders”. To determine the low lot total, the State will multiply the estimated annual usage of each item by its corresponding unit bid price and then add these totals together for the low lot total. Failure to bid all items may result in the bidder being deemed not responsive.

5.3 AUTHORIZED DEALER STATEMENT

Bidders responding to this Invitation to Bid must be an authorized dealer or manufacturer of the products they are bidding. Bidders should submit documentation with their bid response certifying that they are the manufacturer or an authorized dealer of the manufacturer of the products being bid. This certification must be from an authorized manufacturer‘s representative. If not provided as part of the bid response, the Bidder must provide said statement within five (5) business days after request/notification by the Office of Procurement Services. Failure to submit the certification within the stated time period may result in the bid response being deemed as not responsive.

6 - AMENDMENTS

6.1 SUMMARY OF AMENDMENTS*

Amendment Number

Effective Date Description

1 7/01/24

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 twenty-four (24) months, effective 07/01/24 through 06/30/26. All other prices, terms and conditions remain unchanged.

* Denotes the addition of Section 6 – Amendments.

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