ITB019504_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: MINNOWS, FINGERLINGS, AND OTHER FISH FOR HATCHERY

OPERATIONS AND STOCKING PURPOSES

CONTRACT No.: ITB019504

CONTRACT ID: 19504

EFFECTIVE DATES: 7/1/2024 to 6/30/2027

SUPPLIER: Jones Fish Hatcheries and Distributors Inc

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No. SRC 0000016277. 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 36 months unless the Contracting Agency determines that additional renewal is necessary.

This Requirements Contract is available to the OHIO DEPARTMENT OF NATURAL RESOURCES 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%2fhomepa ge

Signed: _____________________________________________________________________

Kathleen C. Madden, Director Date https://ohiobuys.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage 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 Invitation to Bid is to provide high quality, live, healthy, and certified disease-free forage minnows and other fish species as indicated below for delivery to and use by the State of Ohio Department of Natural Resources (ODNR) Division of Wildlife (DOW) at their fish hatcheries and other State of Ohio public water areas designated by the ODNR Division(s).

1.2 REQUIREMENTS

1.2.1. All items ordered must be alive and healthy at time of delivery. Delivery of hybrid fish is prohibited.

1.2.2. Prior to delivery of any fish species, specific lots of fish must meet fish health requirements such that fish meet importation certification and approval requirements from the Ohio Department of Agriculture to be free of reportable fish diseases.

1.2.3. Prior to delivery of any certified triploid white amur (grass carp), U.S. Fish & Wildlife Service certification paperwork showing verification of triploidy fish lots to be delivered must be forwarded to the ODNR Fish Hatchery Program Administrator at 2045 Morse Rd., Bldg. G-3, Columbus, OH 43229;

Contact: (614)265-6721.

1.2.4. Deliveries of forage fish may occur during the months of March through October but will be primarily during the months of July through September. Quantities of forage fish delivered of required sizes are typically in the 1000-to-2000-pound range to each of the several hatcheries on separate delivery days.

Quantities of deliveries and species sizes may be adjusted as appropriate by communication with the ordering agencies.

1.2.5. ODNR, with the concurrence of the awarded Contractor, will set an agreed upon delivery schedule due to hatchery operations, weather, or other mitigating factors. Contractor must promptly alert ODNR of any deviation to the agreed upon delivery schedule.

1.2.6. Deliveries of fish in Category I as listed below must be free from contaminant species such as Gambusia, Sticklebacks, and Green Sunfish in order to preserve the habitat of ODNR’s ponds and waterways.

1.3 CATEGORIES

1.3.1 Category I Items

1.3.1.1 Fathead Minnows (Pimephales promelas), over 2 Inches in length.

1.3.1.2 Fathead Minnows (Pimephales Promelas), 1 – 2 Inches in length.

1.3.1.3 Fathead Minnows (Pimephales Promelas), less than 1 Inch in length.

1.3.1.4 Golden Shiners (Notemigonus crysoleucas),1½ inches to 2 inches in length.

1.3.1.5 Golden Shiners (Notemigonus crysoleucas), over 2 inches in length.

1.3.1.6 Certified Triploid White Amur (Triploid Grass Carp) (Ctenopharyngodon idella), 8 – 11 inches in length.

1.3.2 Category II Items

1.3.2.1 Largemouth Bass (Micropterus salmoides), 3 – 4 inches in length.

1.3.2.2 Channel Catfish (Ictalurus punctatus), 11 – 14 inches in length.

1.3.2.3 Channel Catfish (Ictalurus punctatus), 4 – 6 inches in length.

1.3.2.4 Bluegill (Lepomis macrochirus), 2 – 4 inches in length.

1.3.2.5 Bluegill (Lepomis macrochirus), 6 – 8 inches in length.

2 - STANDARD TERMS AND CONDITIONS

State of Ohio Standard Terms and Conditions (revised 03/01/24) 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.

3.3. DELIVERY

Supplies will be delivered to the participating agency within fifteen (15) days after receipt of order, subject to communication with and agreement as to actual delivery date between the participating agency and the awarded contractor. The delivery location will be noted on the purchase order issued by the participating agency. Deliveries will be accepted during normal hatchery operating hours: 7:00 AM to 4:00 PM, Monday through Friday. If delivery of supplies is to occur outside of normal hatchery operating hours, the contractor must reach out to the participating agency and receive approval prior to the delivery of the supplies.

3.4. DELIVERY LOCATIONS

The following are the authorized delivery locations for materials ordered pursuant to any contract awarded as a result of this Invitation to Bid.

OHIO DEPARTMENT OF NATURAL RESOURCES (ODNR) DIVISION OF WILDLIFE (DOW) FISH

HATCHERY DELIVERY LOCATIONS

The Ohio Department of Natural Resources may at its discretion from time to time require delivery of the items covered in this Bid to other State of Ohio public water areas designated by ODNR Divisions.

Castalia State Fish Hatchery (CASFH) London State Fish Hatchery (LOSFH) St. Marys State Fish Hatchery (SMSFH) 7018 Homegardner Road 2470 Roberts Mill Road SW 01735 Feeder Road Castalia, Ohio 44824 London, Ohio 43140 St. Marys, Ohio 45885

Hebron State Fish Hatchery (HESFH) Senecaville State Fish Hatchery (SESFH) Kincaid State Fish Hatchery (KISFH) 10517 Canal Road SE 57199 Seneca Dam Road 7487 SR 124 Hebron, Ohio 43025 Senecaville, Ohio 43780 Latham, Ohio 45646 https://procure.ohio.gov/static/TCond/Standard_T_C%203-1-24.pdf

3.5. CUSTOMER SERVICE AND DELIVERY NOTIFICATION

Contractor must provide order acknowledgement and accurate and proactive delivery and customer service information to the ordering agency. Within two business days after receipt of any order placed pursuant to this contract, the Contractor shall work with the ordering agency to provide a mutually agreed upon shipment and delivery date. Such acknowledgement of the order and mutually agreed delivery date shall be in writing via email. If after such notification is made, the delivery date for any reason must be changed by the Contractor, the Contractor shall notify the ordering agency and obtain the ordering agency’s agreement with the change.

This requirement applies equally where the Contractor makes the direct delivery or uses the services of a third party, subcontractor, or fulfillment house to provide delivery of the order. If, after discussion, the Contractor and ordering agency are unable to agree on a suitable delivery date, the agency may invoke the terms of the LATE DELIVERY INVOICE OFFSET clause of this Contract. Failure to make or update the notification provided above within the prescribed time periods may be considered a default of the Contract.

3.6. LATE DELIVERY INVOICE OFFSET

Time is of the essence, and on-time delivery once agreed upon is a critical component of this bid/contract, vital to the agency which uses the contract in management of inventories and the timely provision of goods to their constituents. In accordance with the DELIVERY and CUSTOMER SERVICE AND DELIVERY NOTIFICATION clauses of this Contract, deliveries will have a three-day grace period after the mutually agreed order due date.

If an order or orders are delivered after the expiration of this grace period, the ordering agency may at its discretion initiate an offset payment penalty of 1% of the invoice value for each seven (7) calendar day period or each part thereof the order is delivered after the expiration of the grace period. This clause will not apply in the case of FORCE MAJEURE as defined by the Contract Terms and Conditions, Section VI. E.

3.7. 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”.

3.8. MINIMUM ORDER

The minimum dollar value of any order placed against this Contract for delivery F.O.B. destination, transportation charges prepaid and allowed, at any one time to one destination, shall not be less than $200.00.The minimum order value shall be firm for the life of the Contract. Failure to provide 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 this 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, freight prepaid and added. The cost of transportation to the destination on such orders shall be added to the invoice. The receiving agency may require a copy of the freight invoice to substantiate any invoiced freight charges.

3.9. SITE VISITS

During the Bid evaluation process and prior to contract award, DAS reserves the right to have representatives from the Ohio Department of Natural Resources (ODNR) visit the bidder’s facility. The purpose of the visit will be to review the facilities and equipment for a determination of whether the Bidder is able to meet the contract requirements. Additionally, DAS and the ODNR reserve the right for qualified ODNR employees to visit awarded Contractor sites prior to shipment for the purpose of inspecting and ensuring items to be shipped subject to the State’s purchase orders meet the specification requirements of this Contract.

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 unit price bid by the estimated annual usage as listed in the item grid for each line item and add the total for each item in the category 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.

5.2 CONTRACT AWARD

The contract will be awarded to the lowest responsive and responsible bidder by category of product.

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