ITB020967_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: FURNITURE – UNASSEMBLED

CONTRACT No.: ITB020967

CONTRACT ID: 020967

EFFECTIVE DATES: 5/1/2024 to 3/31/2026

SUPPLIER: REGENCY SEATING INC.

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No. SRC 0000014474. 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 Ohio Department of Rehabilitation and Correction, Ohio Penal Industries (OPI), 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 https://ohiobuys.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

1- BACKGROUND

Ohio Penal Industries (OPI) is a program which operates 27 shops within 11 facilities providing meaningful training and employment to incarcerated individuals within the State of Ohio. Incarcerated individuals work in industrial settings manufacturing, fabricating, and assembling different furniture products. Within the State of Ohio, furniture products are sold to the Ohio Department of Rehabilitation and Correction, other agencies, private businesses, and non-profit entities. Outside of the State of Ohio, furniture products are sold to other correctional industries and non-profit entities.

OPI spends an average of $2,500,000 annually on these types of furniture. The State of Ohio shall not be bound by any maximum or minimum quantities.

2 – SPECIFICATIONS AND REQUIREMENTS

2.1 - SCOPE:

The purpose of this solicitation is to establish a contract for fixed discount percentages for the exclusive use by DRC/OPI to purchase free-standing and fixed furniture components and secure related services. Through OPI’s programs, incarcerated individuals will be trained to manufacture, assemble, and install contract furniture throughout the State of Ohio. OPI desires to maintain a diverse line of furniture and to market same to its customers. To accomplish this goal, OPI intends to develop a portfolio of various product lines on which all furniture product line expansion will be based. When possible, the Contractor(s) shall be capable of supplying not only the initial products, but matching components. The Contractor(s) shall be able to provide products in kit or finished form. OPI’s manufacturing operation is used in the education, employment, and training of incarcerated individuals in the custody of the State of Ohio in support of successful re-entry programming.

2.2 - FURNITURE REQUIREMENTS:

2.2.1 Furniture is to arrive at the institution specified on the Purchase Order in “kit” or finished form.

Incarcerated individuals being trained by OPI will unbox, assemble, apply finishes, upholster, etc. the furniture ordered under this contract. The finished products will then be boxed, packed, and shipped to the OPI warehouse for unloading and storage until purchase is made.

2.2.2 OPI desires to purchase the components, kits, and/or finished products listed in Section 2.2.3.

2.2.3 As OPI’s furniture business develops and experience with the product, production and marketing improves, OPI desires to purchase components requiring more labor-intensive activities, thereby increasing the number of meaningful work opportunities for incarcerated individuals involved in OPI’s programs. Although Bidders should attempt to offer a manufacturer’s full product line within the scope, the manufacturer product lines offered by the Bidder are not required to encompass every category included in this Contract. The State is seeking product lines and services in the following areas:

2.2.3.1 Seating - Wood (finished) and Non-Wood, Office and Institutional

2.2.3.1.1 Executive Chairs

2.2.3.1.2 Management Chairs

2.2.3.1.3 Conference Room Chairs

2.2.3.1.4 Task Chairs

2.2.3.1.5 Shell Chairs

2.2.3.1.6 Stacking and Ganging Chairs

2.2.3.1.7 Lounge and Reception Area Seating

2.2.3.1.8 Fixed Seating

2.2.3.1.9 Ergonomic Task Seating

2.2.3.1.10 Replacement Parts

2.2.3.2 Table and Desk Bases & Accessories

2.2.3.2.1 Fixed Bases

2.2.3.2.2 Flip-Top Bases

2.2.3.2.3 Folding Bases and Aprons, where applicable

2.2.3.2.4 Cafeteria Table Bases

2.2.3.2.5 Adjustable Height Bases

2.2.3.2.6 Replacement Parts

2.2.3.3 Metal Storage Systems, painted, both unassembled and assembled

2.2.3.3.1 Vertical Files

2.2.3.3.2 Lateral Files

2.2.3.3.3 Multi-purpose Cabinets

2.2.3.3.4 Kiosks

2.2.3.3.5 Wardrobes

2.2.3.3.6 Bookcases

2.2.3.3.7 Pedestal Files

2.2.3.3.8 Media Cabinets

2.2.3.3.9 Library Storage Systems

2.2.3.3.10 Replacement Parts

2.3 - MARKETING AND SALES SUPPORT REQUIREMENTS:

The Contractor(s) shall provide OPI, at no cost, comprehensive marketing materials, marketing resources, and artwork to assist OPI in marketing these products and creating their own marketing materials.

2.3.1 All finished products may be marketed and sold by OPI as OPI-branded products without any reference to the manufacturer.

2.3.2 OPI may rename the finished goods to any legal name they may choose. Additionally, OPI may create literature with these products’ names and advertise the products under these names.

2.3.3 OPI may sell the finished products, without restriction, to any legal entity in the United States as governed by the Ohio Revised Code.

2.3.4 Contractor(s) shall provide demo products to OPI.

2.3.5 Contractor(s) shall provide product images, if requested by OPI.

2.3.6 OPI reserves the right to duplicate any literature provided. Where applicable, the Contractor must obtain permission from the manufacturer for OPI.

2.3.7 Contractor(s) shall provide sales and marketing training on an ongoing basis at no additional cost to

OPI. Contractor(s) will provide semi-annual training for staff and incarcerated individuals, at the request of OPI. If requested, meetings will be held virtually.

2.3.8 At no additional cost, Contractor(s) shall provide digital marketing materials and instructions on all products. Literature is to describe the finished product(s) and include design options. Literature will be used by OPI for marketing purposes.

2.4 - QUANTITIES:

OPI reserves the right to order any quantity necessary to meet the requirements of OPI. No guarantee is made by OPI to purchase any amount of product from any Contractor.

2.5 - DISCOUNTS:

2.5.1 Volume discounts are to be applied against the price list submitted with the most current manufacturer’s published price list that is referenced on the Item Grid for that manufacturer.

2.5.2 In the event items are added to a manufacturer’s product offerings referenced in Section 2.2 of this

ITB during the life of the contract, the additional items will be made available to OPI at the same discounts offered for that manufacturer in the original bid package. Refer to Section 5.6 for information regarding catalog updates.

2.6 - TYPES OF FURNITURE:

2.6.1 Products are to be new items.

2.6.2 Through the life of the contract, items may be discontinued, but still be available to the Contractor. When known, the Contractor is to notify OPI of discontinued items. If discontinued items are ordered, the Contractor is to notify OPI prior to fulfilling the order.

2.6.3 Bidders shall specify all finishes, including fabrics, available to OPI as included in their bid package.

All types available are to be listed in the price lists.

2.7 - WARRANTY REQUIREMENTS:

The Contractor(s) shall provide a warranty on all parts as received against manufacturing defects for a period of at least two years from the date of acceptance. Should a defect occur, the contractor shall repair or replace item(s) at no charge to the State of Ohio.

2.8 - TECHNICAL REQUIREMENTS AND SUPPORT:

2.8.1 All products must be designed and engineered to meet or exceed all current, applicable American National Standard Institute/Business and Institutional Furniture Manufacturer’s Association (ANSI/BIFMA) current standards or any updates thereof. Prior to the award of any item in this contract, the State of Ohio may require bidders to provide copies of their ANSI/BIFMA testing reports.

The State of Ohio shall bear no cost in obtaining such documentation. The Contractor(s) will provide weight ratings for seating options upon request and provide products meeting weight ratings in excess of ANSI/BIFMA standards, if necessary, throughout the life of the contract.

2.8.2 Contractor(s) shall provide technical support to OPI staff and incarcerated individuals upon request and at no additional cost to OPI.

2.9 - ADDITIONS TO THE CONTRACT:

2.9.1 As OPI continues to grow and adds more training and employment in manufacturing, fabricating, and assembling, DAS may complete a supplemental bid to add additional categories to this Contract as OPI’s product needs expand.

2.9.2 OPI and DAS retain the right to require additional documentation/confirmation from the manufacturer that pricing is accurate.

2.10 – PRICE LIST SUBMITTAL(S):

The Bidder must provide the most recent price list(s) for all manufacturer lines of products being offered by the Bidder to be considered for award. Bidder(s) is to upload the price lists in the space indicated on the Questionnaire. For each product, the price list(s) shall include the unit list price, subassembly, lists of standard colors or finishes, the number of components, product identification code for each finished part, and identify multiple stages of completion. The unit list price must include shipping and delivery costs.

3 - INVITATION TO BID INSTRUCTIONS

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

4 - STANDARD TERMS AND CONDITIONS

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

https://procure.ohio.gov/pdf/OhioBuys_ITB_Instructions_to_Bidders_030921.pdf https://procure.ohio.gov/static/TCond/Standard_T_C%203-1-24.pdf

5 - CONTRACT SPECIFIC TERMS AND CONDITIONS

5.1 - AMENDMENTS 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.

5.2 - DELIVERY:

Delivery will be dockside delivery. All items will be delivered within 30 days after receipt of order. The OPI delivery location will be noted on the purchase order. Delivery to all locations will be Monday through Friday, 8:00AM-10:00AM and 12:30PM-2:30PM only; there will be no exceptions. Deliveries must be completed by the designated end time (10:00AM and 2:30PM). There will be no deliveries on State Holidays.

For large orders of 50 plus items, the Contractor may send available items to OPI and deliver the remaining items when they are available. Note that the delivery terms stated still apply.

5.3 – DELIVERY NOTIFICATION:

Contractor must provide order acknowledgement and accurate and proactive delivery and customer service information to OPI. Within two (2) workdays of receipt of any order pursuant to this Contract, the Contractor shall provide the shipment and delivery dates to OPI. Such notification shall be emailed to the OPI contact listed in Section 5.5. If the anticipated delivery date exceeds the time required by the DELIVERY clause of the Contract, the Contractor will work with OPI to establish a mutually agreed delivery date. If after an alternate delivery date has been agreed, the delivery date must be changed, the Contractor shall notify the OPI of the change and obtain the agency’s agreement to 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 OPI are unable to agree on a suitable delivery date, the OPI may execute the terms of the LATE DELIVERY LIQUIDATED DAMAGES 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.

5.4 - LATE DELIVERY LIQUIDATED DAMAGES:

In accordance with the Standard Terms and Conditions Section VI. J., TIME IS OF THE ESSENCE, on time delivery is a critical component of this Contract. Timely delivery is vital to OPI in the management of inventories, and in the timely provision of goods or services to the agency’s customers. The DELIVERY term requires that delivery be made within 30 days after receipt of order. If the Contractor is unable to meet that delivery period, the DELIVERY NOTIFICATION term of this Contract provides a mechanism for the Contractor to adjust the delivery period with the prior agreement of OPI. If, after that process is initiated, the Contractor is unable to provide delivery within the agreed upon timeframe, OPI, at its discretion, may invoke Section VI. H, 2 of the Standard Terms and Conditions, LIQUIDATED DAMAGES, as an offset against the invoice value of the order. This clause will not apply in the case of FORCE MAJEURE as defined by the Contract Terms and Conditions, Section VI. E.

5.5 – DELIVERY LOCATIONS:

London Correctional Institution Southeastern Correctional Institution OPI-Chair Factory Tables and Desk Bases 1580 OH 56 5900 B.I.S. Road SW London, OH 43140 Lancaster, OH 43130 Charles Hodge (740) 604-9989 Tim Woodgeard: (740) 294-9991 charles.hodge@drc.ohio.gov Timothy.Woodgeard@drc.ohio.gov

Marion Correctional Institution OPI-Metal Furniture Factory 940 Mason-Williamsport Road Marion, OH 43302 Ify Uzoukwu (740) 490-5163 Walt Holley (740) 396-6012 Ifeanyi.Uzoukwu@drc.ohio.gov walter.holley@drc.ohio.gov mailto:charles.hodge@drc.ohio.gov mailto:Timothy.Woodgeard@drc.ohio.gov mailto:Ifeanyi.Uzoukwu@drc.ohio.gov mailto:walter.holley@drc.ohio.gov

5.6 - PRICING, FIXED-DISCOUNTS, AND PRICE LIST CHANGES:

Discount percentages from list prices will remain firm for the life of the contract. Discounts from list will be based on the MSRP pricing as stated in the price list. During the life of the contract, there may be new price lists published. Contractor(s) can modify their price list(s) no more than one time per quarter. In this event, the Contractor is to supply the Office of Procurement Services (OPS) with an electronic copy of each price list. New price lists will be effective 30 days after OPS’ approval. OPI reserves the right to request hard copies of the price lists at no additional expense. OPI will provide mailing addresses when applicable.

5.7 - 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.

6 - SPECIAL INSTRUCTIONS TO BIDDERS

6.1 - SPECIAL CHARGES:

There shall be no assessment, surcharge, small order charge, broken case charge, minimum order charge, single item charge nor any other unspecified additional charge allowed by the State that is not specifically mentioned in this bid or in any contract awarded pursuant to this bid.

6.2 - MINIMUM ORDERS:

There shall be no minimum dollar value for any order placed against a contract awarded pursuant to this bid.

6.3 - AUTHORIZED DISTRIBUTOR:

Bidders responding to this Invitation to Bid must be an authorized dealer or manufacturer of the products they are bidding. Bidders shall 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 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.

6.4 - EVALUATION:

Bids will be evaluated in accordance with Article I-17 of the “Instructions to Bidders”. In addition, the State will evaluate the discount offered in “Discount Percentage from List Price for Orders totaling between $25,000.01 - $50,000.00” pricing line item when two or more Bidders offer the same manufacturer. The State recognizes that multiple brands may be offered. Bidders submitting limited offerings within the stated categories in Section 2 of this solicitation may be disqualified. Bidders must include all shipping and delivery costs in the prices provided on the price lists submitted for this bid.

6.5 - CONTRACT AWARD:

A contract will be awarded to one responsive and responsible bidder per manufacturer with the highest discount off the price list using “Discount Percentage from List Price for Orders totaling between $25,000.01

- $50,000.00” pricing line item.

6.6 - PRODUCT SAMPLES:

The bidder(s) may be required to submit samples of the supplies being offered. If requested, the samples may be used in the evaluation process to determine the lowest responsive and responsible bidder. If requested, the bidder will be required to provide the samples within five (5) 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.