ITB022223_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: MATURE MALE ROOSTER RING NECK PHEASANTS, DISTRICTS 1, 2, AND 4

CONTRACT No.: ITB022223

CONTRACT ID: 22223

EFFECTIVE DATES: 03/20/2025 to 12/31/2027

SUPPLIER: Windy Ridge Pheasant Farm Inc

SUBCONTRACTOR: Elk Ridge Game Farm LLC

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No. SRC 0000027684. 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 specifications listed in this Invitation to Bid (ITB) are for mature, 13-week-old or older, but not older than 22 weeks, fully feathered, fully flight capable, male rooster ring neck pheasants for the Ohio Department of Natural Resources (ODNR) Division of Wildlife (DOW). The mature male rooster ring neck pheasants are to be used for pheasant hunts at designated ODNR DOW locations. The ODNR DOW is requesting that bids be offered for ODNR released pheasants and Contractor released pheasants as detailed in the requirements of this solicitation.

1.2 REQUIREMENTS:

1.2.1. The ODNR DOW anticipates purchasing between 9,000 and 14,500 mature male rooster ring neck pheasants annually during the term of this Contract. No later than February 28th each contract calendar year, the ODNR DOW will advise the Contractor of tentative volume requirements and tentative delivery plans for that calendar year. ODNR DOW will clarify delivery plans no later than July 30th annually.

Purchase orders will be placed in July annually with deliveries occurring in lots of 200 to 1,300 pheasants, or as agreed between the ODNR DOW and the Contractor. Attachment I provides estimated purchases and deliveries through the end of the contract term.

1.2.2. Unless otherwise stated in this Contract, the usage indicated for each item is to be considered an estimate of potential purchases that may be made from the Contract. The State makes no representation or guarantee as to the actual amount of mature male rooster ring neck pheasants to be purchased by the participating agency.

1.2.3. Any pheasants ordered from this Contract must come from a National Poultry Improvement Plan (NPIP) certified flock. Bidder must submit their NPIP certification as a part of its bid submission.

1.2.4. DAS and the ODNR DOW reserve the right for qualified ODNR employees to visit Contractor propagation sites prior to shipment of birds for the purpose of inspecting and ensuring birds to be shipped subject to the State’s purchase orders meet the specification requirements of this Contract. Including but not limited to age, health, feathering and flight capability.

1.2.5. The actual delivery and pick up schedule for mature male rooster ring neck pheasants will be agreed upon between the Contractor and the ODNR DOW upon issuance of purchase orders. Deliveries will be made on the agreed date between the hours of 8:00 AM and 3:00 PM. Deliveries will normally be required during the months of October and November or as agreed upon between the Contractor and the ODNR

DOW.

1.2.6. A scheduled delivery may be adjusted up to three days due to inclement weather or conditions solely at the discretion of the ODNR DOW at no additional cost.

1.2.7. Contractor must finalize the delivery arrangements with the designated ODNR DOW district representative at least one week prior to delivery.

1.2.8. For pheasant orders that are scheduled to be delivered to an alternate delivery location, the Contractor must first drive to the primary delivery location to deliver a portion of the pheasants before driving to the final drop-off location to deliver the remainder of the pheasants.

1.2.9. Bidder must provide pricing for delivery of DNR released pheasants as a part of its bid response. ODNR DOW is also requesting bidders to offer prices for delivery and release of pheasants by the Contractor within each of the five districts. These Contractor released pheasants are optional and are not required to be bid on. The Contractor must follow ODNR DOW protocol when releasing pheasants into these wildlife districts. The release of these pheasants by the Contractor will take place at various locations within each wildlife district. Field locations for these releases will be provided to the Contractor by DOW staff through the use of a free mobile mapping application called Avenza Maps. The Contractor must release the indicated number of pheasants in the fields designated on the Avenza maps provided by the ODNR DOW. A member of the ODNR DOW staff will meet the Contractor at the designated location on the designated day to ensure the pheasants meet the contract specifications prior to their release by the Contractor.

1.2.10. The ODNR DOW may elect to use their own crates or to utilize Contractor supplied crates on an order-to-order basis. Bidders are asked to provide a bid price for the use of their crates. The ODNR DOW will determine who will supply the pheasant crates required at the time of order placement. If ODNR is to supply the crates for a particular order, they will deliver an appropriate number of crates to the Contractor for deliveries prior to the first October delivery. ODNR supplied crates currently hold 10 adult male pheasants. Whether using ODNR DOW supplied crates or the Contractor’s own crates, the Contractor must properly disinfect the crates prior to preparing the pheasants for delivery. After the last pheasant delivery in November each year, it is the responsibility of the Contractor to ensure all crates provided by ODNR DOW are returned to ODNR DOW. The Contractor will be responsible for the cost of crates not returned or returned damaged beyond use or repair to ODNR DOW at the rate of $ 75.00 per crate.

1.2.11. ODNR DOW is requesting that bidders provide pricing for an additional mileage charge as part of their bid response for deliveries of pheasants as described in the DELIVERY LOCATIONS clause of this solicitation. This additional mileage charge will compensate the Contractor for the additional driving time and distance required to deliver pheasants to multiple locations within a single district. The price per mile charge offered by the Contractor will be multiplied by the additional miles required to travel to the alternate delivery locations along their delivery route and will be reflected as its own line item on the ordering agency’s purchase order. The use of these alternate delivery locations and the additional mile charge associated with them will be at the sole discretion of the ODNR DOW. The ODNR DOW may elect not to have any orders delivered to the alternate delivery locations and therefore will not pay the additional mileage fee on those orders. Bidders who offer pricing for the additional mileage charge will not be releasing pheasants at these alternate delivery locations, they will be delivering the pheasants to a member of ODNR DOW staff who will release the pheasants within the wildlife area.

1.3 SPECIFICATIONS:

1.3.1. Pheasants shall be of species Phasianus Colchicus and shall be live, male, 13 weeks or older, but not older than 22 weeks. Pheasants must possess normal ring-necked pheasant plumage with tail feathers no less than 12 inches long.

1.3.2. Pheasants must be adult male roosters, fully feathered, flight capable, and in good health in all appearances.

1.3.3. All birds must be weather hardened in outdoor pens for a period of not less than one month prior to delivery. Weather hardening means that the birds must have been exposed to at least two rain events or artificial mistings. An ODNR DOW representative may inspect the birds approximately one week prior to delivery to confirm weather hardening and conformance with the contract specifications.

1.3.4. Birds which appear to be unhealthy, severely de-beaked, poorly feathered, abnormally colored, not fully flight capable, dead, or of otherwise poor quality will not be accepted. Upon delivery, determination of suitability will be at the sole discretion of authorized ODNR DOW personnel. If ODNR DOW personnel determine any birds delivered do not meet the criteria listed within this invitation to bid, they must communicate with the Contractor in writing and the Contractor must remove any quantity of birds not meeting these specifications from its invoice.

1.3.5. Birds shall be transported in ventilated crates on a flatbed truck or other properly ventilated transport vehicle to avoid birds overheating. Birds delivered in DOW crates shall be delivered 10 per crate. Birds delivered in Contractor supplied crates must be delivered in multiples of five per crate. Time in crates shall not exceed ten hours.

1.3.6. All deliveries must comply with Ohio Department of Agriculture regulation; Ohio Administrative Code Chapter 901:1-17-11(B) regulating Pullorum and fowl typhoid testing and with Ohio Administrative Code Chapter 901:1-21-02 (12) regulating High Pathogenic Avian Influenza (HPAI). Serological tests must be completed at least three weeks prior to delivery with results forwarded to the ODNR DOW as specified.

1.3.7. Birds shipped from a facility located in Ohio must originate from a NPIP flock and be accompanied by a completed APHIS VS form 9-2 upon delivery.

1.3.8. Birds shipped from outside the State of Ohio must come directly from an NPIP flock accompanied by a completed APHIS VS form 9-2 and an interstate certificate of veterinarian inspection (ICVI) or an NPIP 9-3 form. The Contractor must hold an import permit from the Ohio Department of Agriculture.

2 - STANDARD TERMS AND CONDITIONS

The State of Ohio Standard Terms and Conditions (revised 03/01/24) govern this Contract and are incorporated as if fully rewritten herein.

3 - CONTRACT SPECIFIC 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 - 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.

3.3 - DELIVERY

Supplies will be delivered to the participating agency as agreed upon by the Contractor and the ordering agency.

Deliveries will be scheduled prior to ODNR DOW pheasant releases the third and fourth weekends of October and the first, second, and fourth weekends of November annually. The delivery location will be noted on the purchase order issued by the participating agency. ODNR DOW may elect to pick orders up at Contractor locations as the agency deems appropriate.

3.4 - DELIVERY LOCATIONS

Deliveries may be required to many locations within each of the five ODNR DOW districts. ODNR is requesting that Bidders offer an additional mile charge as a part of their bid to be compensated for delivering to multiple locations in a single district. For all orders placed, the Contractor will be required to first bring the pheasants to the primary delivery location for the district before bringing the pheasants to any alternate locations listed on the purchase order. The exact delivery location will be at the sole discretion of ODNR DOW, and they may choose not to use the alternate delivery locations. If the awarded Contractor did not offer an additional mileage charge as a part of their bid, all pheasant deliveries will be made to the primary delivery location for that district unless otherwise agreed upon between the Contractor and ODNR DOW staff. The primary delivery locations are located at the following addresses (also see Attachment II for a map of the primary delivery locations):

ODNR DOW District 1 ODNR DOW District 2 ODNR DOW District 3 Delaware Wildlife Area Killdeer Wildlife Area Berlin Wildlife Area 8589 Horseshoe Road 191000 County Highway 115 1806 Bonner Road Ashley, OH 43003 Harpster, OH 43323 Deerfield, OH 44411 Delaware County Wyandot County Portage County

ODNR DOW District 4 ODNR DOW District 5 Woodbury Wildlife Area Xenia District 5 Headquarters 23371 SR 60 S 1076 Old Springfield Pike Warsaw, OH 43844 Xenia, OH 45385 Coshocton County Greene County

3.5 - 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 $1,000. The minimum order value shall be firm for the life of the Contract.

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.

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

3.6 - CONSOLIDATED INVOICES

The Contractor shall provide a consolidated invoice to ODNR DOW once monthly on the first business day of each month for all shipments made during the previous month. ODNR DOW will make payment on each monthly invoice in accordance with the payment terms of the Contract. Invoices shall be submitted to Ohio Shared Services following the instructions on the ordering agency’s purchase order.

3.7 - FIXED PRICE WITH ECONOMIC ADJUSTMENT

The contract prices will remain firm for the first 12 months duration of the contract. Thereafter, the Contractor may submit a request to increase their prices 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”.

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, DAS will multiply the estimated usage of all ODNR released male rooster pheasants for each district by the price offered to determine the lowest cost bidder by ODNR DOW district. Bids offered for Contractor released pheasants, Contractor crates, and additional mileage charges will not be a part of the evaluation criteria.

5.2 - CONTRACT AWARD

The contract will be awarded to the lowest responsive and responsible bidder by ODNR DOW district. Failure to bid all required items may result in the bidder being deemed not responsive. Bidders are not required to bid on optional items in this bid. Bidders may be awarded more than one district.

5.3 - SITE VISIT

During the bid evaluation process and prior to contract award, DAS reserves the right to have representatives from the ODNR DOW 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.

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

6 - ATTACHMENTS

6.1 Attachment I

Planned (Estimated) Pheasant Volume & Delivery Requirements 2025, 2026, and 2027

Estimated Annual Delivery Quantities

Delivery Locations Second to last Friday in October

Last Friday in October

First Thursday in November (Opening

Day)

Second Friday in

November

Wednesday before

Thanksgiving

Totals

Delaware WA (D1) 200 200 260 260 260 1,180

Killdeer Plains WA (D2) 290 260 870 710 790 2,920

Berlin WA (D3) 540 340 1,170 810 760 3,620

Woodbury WA (D4) 290 290 790 780 770 2,920

Xenia, OH (D5 Office) 370 610 1,100 570 750 3,400

Totals 1,690 1,700 4,190 3,130 3,330 14,040

The numbers supplied in this attachment are estimates of expected purchases and deliveries and are subject to change based upon the agency’s need.

6.2 Attachment II - ODNR DOW Primary Delivery Locations