ITB018851_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: Mattress and Furniture Materials; Foam Cores, Fabrics, and Other Components

CONTRACT No.: ITB018851

CONTRACT ID: 18851-A1

EFFECTIVE DATES: 7/01/2024 to 4/30/2027

SUPPLIER: VPC Group, LLC *

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

SRC0000013690. 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 24 months unless the Contracting Agency determines that additional renewal is necessary.

This Requirements Contract is available to the 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 OhioBuys public portal at the following address:

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

IN WITNESS WHEREOF, the parties have executed this Contract as of the dates below;

For: VPC GROUP, LLC

Signed: _____________________________________________________________________ Becky Frazier, Senior Account Manager

For the OHIO DEPARTMENT OF ADMINISTRATIVE SERVICES:

Signed: _____________________________________________________________________ Kathleen C. Madden, Director

* Indicates the Contractor’s name change, per amendment, effective 12/01/25.

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

1 - SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE The purpose of this solicitation is to establish a Contract(s) to procure supplies and materials as required by the Ohio Penal Industries (OPI) mattress and furniture shops. These supplies and materials are to be used to fabricate various items as listed in the following sections. These items include, but may not be limited to, mattresses and pillows for high risk and public occupancy applications, foam materials to be used in the fabrication of chairs for general seating applications, and clear vinyl fabrics to be used in both the fabrication of shower curtains for high-risk institution applications and tote and lunch bags for general use applications.

1.2 CATEGORIES The following categories of supplies are required for the fabrication operations.

1.2.1 CATEGORY I: Neoprene Foam (not awarded)

1.2.2 CATEGORY II: Polyurethane Foam (not awarded)

1.2.3 CATEGORY III: Neoprene Encapsulated High-Density Polyurethane Foam (not awarded)

1.2.4 CATEGORY IV: Polyethylene Foam (not awarded)

1.2.5 CATEGORY V: Thermally Bonded Polyester Fiber (not awarded)

1.2.6 CATEGORY VI: Polyester Pillow Batting

1.2.7 CATEGORY VII: Innerspring Mattress Unit (not awarded)

1.2.8 CATEGORY VIII: Perm-a-lator Style Wire Spring Insulator (not awarded)

1.2.9 CATEGORY IX: Bonded Polyester Upholstery Fiber

1.2.10 CATEGORY X: Polyester Fabric (not awarded)

1.2.11 CATEGORY XI: Clear Vinyl Fabric (not included in this Contract)

1.2.12 CATEGORY XII: Scrim Based Vinyl Fabrics and Adhesive (not included in this Contract)

1.3 GENERAL REQUIREMENTS

1.3.1 Intended Use This solicitation identifies the intended use of these products; however, there may be instances where these supplies and materials will be used in the fabrication of products other than the intended use specified herein. The Contractor(s) shall assist the Agency, in good faith, if consulted regarding any material’s fitness for use in a manner other than originally identified.

1.3.2 Packaging Each item shall be packaged as described per product with the intent that the materials arrive in good order without becoming damaged, soiled or otherwise contaminated.

1.3.3 Labelling Each package shall indicate the type of material, size, Contractor's name, and the name of the institution/agency.

1.3.4 Units of Measure The unit of measure (UOM) may vary by product category and even by item within a product category. The Contractor shall follow the UOM as listed and ordered by the Agency.

1.3.5 Industry Standard Unspecified details herein are to be in accordance with the acceptable standard commercial and industry practices for products of this type.

1.3.6 Liquid Resistance Products fire resistance properties shall not be affected by exposure to water or other liquids.

1.4 PRODUCT SPECIFICATIONS AND REQUIREMENTS

1.4.1 CATEGORY I: Neoprene Foam

(This Category is not awarded.)

1.4.2 CATEGORY II: Polyurethane Foam

1.4.3 CATEGORY III: Neoprene Encapsulated High-Density Polyurethane Foam

1.4.4 CATEGORY IV: Polyethylene Foam

1.4.5 CATEGORY V: Thermally Bonded Polyester Fiber

1.4.6 CATEGORY VI: Polyester Pillow Batting

1.4.6.1 Intended Use The pillow batting required by this specification is intended for the use in the fabrication of pillows for high risk and public occupancy applications.

1.4.6.2 Material The pillow batting must be composed of low melt polyester/polyester sheath core binder fiber. The batting must be produced using new, unused, currently standard product (raw material). Reprocessed scrap from the manufacturing process is acceptable and may be considered new and unused.

1.4.6.3 Physical Properties

1.4.6.3.1 Physical Properties and Testing Method

• Performance The batting must retain its original shape with minimal thickness loss.

• Weight/Density The total weight/density of the batting must be 2 ounces per square foot.

• The batting must be hypoallergenic.

1.4.6.3.2 Flame Resistance Characteristics and Testing Methods The batting must pass the testing required by the following standards.

• California Technical Bulletin #117 16 C.F.R. 1633.

1.4.6.3.3 Finish and Color The surface of the batting must be uniform, without imperfections adversely impacting appearance, function or durability.

1.4.6.3.4 Workmanship The batting shall be of uniform texture and shall be free from any obvious manufacturing imperfections which may impair its serviceability.

1.4.6.3.5 Odor The batting must be odor free and contain no VOCs.

1.4.6.3.6 Size The size shall be as listed in the bid item grid.

• Tolerance, Length and Width The material shall be provided within +/-1/4” of the length and width as listed.

• Tolerance, Thickness The material shall be provided within +/-1/2” of the thickness listed.

1.4.6.4 Packaging The pillow batting must be furnished in rolls, wrapped in a poly bag or other suitably strong wrapping material standard to the industry so the product is neither damaged nor contaminated.

1.4.7 CATEGORY VII: Innerspring Mattress Unit

1.4.8 CATEGORY VIII: Perm-a-lator Style Wire Spring Insulator

1.4.9 CATEGORY IX: Bonded Polyester Upholstery Fiber

1.4.9.1 Intended Use The bonded polyester required by this specification is intended for the use in the fabrication of chairs for general seating applications.

1.4.9.2 Material

1.4.9.2.1 Fiber 15 Denier.

1.4.9.2.2 Resin 25% by weight.

1.4.9.2.3 Weight .75 ounces per square foot (+10%/-7%).

1.4.9.2.4 Staple Length 3”

1.4.9.3 Physical Properties

1.4.9.3.1 Construction The form of this material shall be sheets of no less than 80” in length.

1.4.9.3.2 Physical Characteristics and Testing Methods Per industry standards.

1.4.9.3.3 Flame Resistance Characteristics and Testing Methods Per industry standards.

1.4.9.3.4 Finish and Color Per industry standards.

1.4.9.3.5 Workmanship The product shall be of uniform texture and shall be free from any obvious manufacturing imperfections which may impair its serviceability.

1.4.9.3.6 Odor The fabric must be odor free and contain no VOCs.

1.4.9.3.7 Size The size shall be as listed in the bid item grid with no length (piece) less than 80”.

1.4.9.4 Packaging The material shall be in rolls and wrapped in plastic to provide safe transport to the using location.

1.4.10 CATEGORY X: Polyester Fabric

1.4.11 Category XI: Clear Vinyl Fabric

(This Category is not included in this Contract.)

1.4.12 Category XII: Scrim Based Vinyl Fabrics and Adhesive

(This Category is not included in this Contract.)

1.5 WARRANTY The Contractor(s) shall provide a warranty on all products against manufacturing defects for a period of at least five years from the date of the final customer’s acceptance. Should a defect occur, the contractor shall repair or replace item(s) at no charge to the State of Ohio.

1.6 QUALITY ASSURANCE

1.6.1 The Contractor(s) may be required to submit laboratory test report(s) throughout the duration of any contract issued pursuant to this ITB for any test specified herein from an Independent Certified Laboratory showing the test results of the supplies being offered. The test report(s) will be used to evaluate the product being received to assure it complies with the contract requirements. If not included with product shipment(s), the Contractor will be required to provide the test report(s) within thirty (30) calendar days after notification by the ordering agency or DAS. Failure of the Contractor to provide the Independent Certified Laboratory test report(s) within the stated time period may result in the Contractor being found in contract default. The cost of the requested test report(s) shall be paid entirely by the Contractor(s).

1.6.2 Throughout the duration of any contract issued pursuant to this ITB, the Contractor(s) may be required to provide one sample to the State for visual inspection and approval prior to laboratory testing within 14 calendar days after notification. Sample dimensions may vary for testing purposes and may be from any category included in the contract.

2 - STANDARD TERMS AND CONDITIONS

State of Ohio Standard Terms and Conditions (revised 03/01/24) will apply to this Contract.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fprocure.ohio.gov%2Fstatic%2FTCond%2FStandard_T_C%25203-1-24.pdf&data=05%7C02%7CLloyd.Harmon%40das.ohio.gov%7Cff0f09d10a8c49785c4708dc3a0e53f9%7C50f8fcc494d84f0784eb36ed57c7c8a2%7C0%7C0%7C638449080432433241%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=uta1Ms5rhEnWVQBR7oZR1gSTUXz5bfIFUTqfJNjvlBE%3D&reserved=0

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.

3.3. SPECIAL CHARGES No assessment, surcharge, small order charge, broken case charge, minimum order charge, single item charge nor any other unspecified additional charge is allowed by the State that is not specifically mentioned in this Contract.

3.4. MINIMUM ORDER The minimum dollar value of any order placed against this Contract for delivery F.O.B.

destination, transportation charges prepaid, at any one time to one destination, shall not be less than indicated as Bidder’s minimum order value in the questionnaire submitted at the time of bid. The Contractor’s minimum order value shall be firm for the life of the Contract. Failure to provide or state a minimum order value at the time of bid shall be interpreted as no minimum order applies to any order.

For orders with a total value less than the Contractor’s established minimum, shipment is to be made by freight, parcel post, express or commercial package delivery, whichever is the most economical method for proper delivery of the item, F.O.B. destination. The cost of transportation from the Contractor's address to the destination on such orders shall be prepaid and added to the invoice.

Bidders may also indicate a minimum order quantity per item or category of materials in the questionnaire submitted at the time of bid.

3.4.1 CATEGORY VI: Polyester Pillow Batting The minimum order quantity for this category is 1,000 lbs.

or 76 rolls.

3.4.2 CATEGORY IX: Bonded Polyester Upholstery Fiber The minimum order quantity for this category is 1,000 lbs. or 96 rolls.

3.5. DELIVERY Supplies will be delivered to the participating agency within 30 days after receipt of order. The delivery location will be noted on the purchase order issued by the participating agency.

3.5.1 The current delivery location is:

The Ohio Department of Rehabilitation and Correction Ohio Penal Industries, Chillicothe Correctional Institution

15802 State Route 104 North Chillicothe, OH 45601

3.5.2 SECURITY CONSIDERATIONS The delivery location is an operational correctional facility where security conditions could create abnormal delays or rejection of shipment(s). These conditions could include, but are not limited to, emergency lockdowns, fog alerts and other inclement weather or events. The Contractor shall cooperate in good faith and not interfere with the operations of the institution.

3.5.3 Deliveries will be accepted from 8:00am to 10:00am and 12:00pm to 2:00pm, Monday through Friday, excluding State observed holidays. The carrier is to call the OPI Shop at the institution prior to arrival for authorization to deliver. No deliveries will be accepted during foggy or adverse weather conditions in accordance with institution security procedures. All damaged items received shall be noted on the driver’s Bill of Lading, placed back on the truck, and returned to the contractor for prompt replacement. In the event a problem cannot be resolved with the institution shop manager, contact OPI Production Manager (CIM3) at OPI-Central Office, 1580 State Route 56 SW, PO Box 525 London OH 43140, phone (614) 738-7859.

3.6 FIXED PRICE WITH ECONOMIC ADJUSTMENT The contract prices(s) will remain firm for the first 12 month duration of the contract. Thereafter, the Contractor may submit a request to increase their price(s) to be effective 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”.

3.7 MANUFACTURER, MANUFACTURER’S REPRESENTATIVE, OR AUTHORIZED DISTRIBUTOR

Bidders responding to this ITB 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 days to provide proof of the relationship. If requested Bidders shall submit certification 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.

3.8 SUBSTITUTION OF ITEMS During the term of the Contract, the Contractor may have a need to substitute alternate manufacturer brand/style/items other than those agreed to under the Contract. Prior to the provision of any alternate however, the Contractor must notify DAS in writing and obtain written permission from the DAS Office of Procurement Services for use of any alternate item(s). DAS may require samples prior to the approval of any alternate item(s). Failure to comply with this clause shall be considered a material default.

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 price by the estimated annual usage as listed in the item grid for each line item and add these products together to arrive at a total for each category. Failure to bid all required items within an identified category may result in the bidder being deemed as not responsive for that category. Optional items are not a part of the evaluation.

5.2. CONTRACT AWARD The contract will be awarded to the lowest responsive and responsible bidder by category of product. Failure to bid all required items within an identified category may result in the bidder being deemed not responsive for that category.

5.3. OPTIONAL ITEMS Some categories of material include optional items. These optional items are noted as such in the item grid. Bidders submitting bids for these categories may also submit bids for these optional items. Optional items will not be used for evaluation purposes.

5.4. 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 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.

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

5.5. LABORATORY TEST RESULTS The Bidder may be required to submit laboratory test reports from an independent certified laboratory for the supplies being offered. If requested, the test results 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 test results within seven calendar days after request/notification by the Office of Procurement Services to do so. Failure of the Bidder to furnish test results either as part of their bid response or within the time specified herein will deem the bidder not responsive.

5.6. 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 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.

5.7. SITE VISIT A site visit will be held on Monday 04/01/24 at Chillicothe Correctional Institution 15802 State

Route 104 North Chillicothe, OH 45601 to survey the facility and discuss the requirements of the solicitation. The site visit will commence promptly at 10:00 AM, barring an unforeseen circumstance that results in a delay of the site visit. Attendance will be taken. The state will not be responsible to a supplier for their failure to obtain information discussed during the site visit due to their failure to attend and/or arriving after the site visit has convened.

Please contact Lloyd Harmon no later than 3:00 pm on Thursday 03/28/24 at lloydharmon@das.ohio.gov during regular business hours to make arrangements for authorization to enter the facility.

6 - SUMMARY OF AMENDMENTS

Amendment Number

Effective Date Description

1 12/01/25

This amendment is issued to update the Contractor's name from Fibrix, LLC.

to VPC Group, LLC., effective 12/01/25.

Additionally, this amendment adds the Summary of Amendments.

All other prices, terms and conditions remain unchanged.

mailto:lloydharmon@das.ohio.gov

6 - SUMMARY OF AMENDMENTS