ITB023303_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: VARIOUS FABRICS FOR INSTITUTIONAL CLOTHING

CONTRACT No.: ITB023303

CONTRACT ID: 23303

EFFECTIVE DATES: 09/09/2024 to 04/30/2027

SUPPLIER: TABB TEXTILE COMPANY, INC

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No. SRC 0000019399. 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 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

Signed: _____________________________________________________________________

Kathleen C. Madden, Director Date https://ohiobuys.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

1- SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE

This Invitation to Bid is to contract for various fabrics and materials to be used by the Ohio Department of Rehabilitation and Correction (DRC) in the Ohio Penal Industry (OPI) Garment Shop to produce new inmate uniforms, towels, washcloths, and other institutional clothing and related cloth products. OPI will also be using some of the fabrics in the contract detailed below to produce flags, banners, and patches for resale to other State agencies.

1.2 GENERAL REQUIREMENTS

1.2.1. All fabric offered shall be free from any type of manufacturing defects, dirt, and debris which could impair the fabric’s appearance or usability. Fabric shall be uniform in color and shade with no visible variance throughout the length of the roll upon delivery. Defective fabric or materials discovered when the original roll, carton, or bale is opened and inspected for use will be rejected and returned immediately for credit at the Contractor's expense.

1.2.2. Fabric shall be put up on appropriate size core and packaged in accordance with industry standards as such to protect the fabric from the adverse effects of humidity, light, dust, dirt, moisture, and physical damage due to impact and crushing during shipping, transportation, and storage. Packages shall be clearly marked to indicate contents. A complete packing list shall accompany all deliveries.

1.2.3. All materials offered in response to this bid shall be first quality, new, unused and without defect.

1.2.4. After award of a Contract, the Contractor must collaborate with the management of the OPI Garment Shops to determine the exact shade of each fabric required appropriate for the shop’s purposes. Upon the completion of this process the agreed shade will be the only shade authorized during the term of the Contract. The OPI Garment Shops may designate the shade(s) required for each fabric included in this Bid.

1.2.5. If requested by OPI, the awarded Contractor shall furnish Safety Data Sheets for all materials as requested. The Safety Data Sheets provided shall be in accordance with Federal Register Volume 77, No. 58, or current version.

1.3 BID CATEGORIES

1.3.1 Category 1: Garment Fabrics (Not included in this Contract)

1.3.2 Category 2: Polo Fabric, T-Shirt Fabric, and Cotton Towel Fabric

1.3.2.1 Polyester Polo Fabric, 5.65 oz. per sq. yd.: Light Blue, Green, and Tan

1.3.2.2 50/50 Cotton/Polyester T Shirt Fabric, 5.0 oz. per sq. yd.: White and Blue

1.3.2.3 100% Cotton Towel Fabric, 4.5 oz. per sq. yd.: White and Blue

1.3.3 Category 3: Flag Fabrics (Not Awarded)

1.3.4 Category 4: Embroidery Fabric (Not included in this Contract)

1.4 DETAILED SPECIFICATIONS

Category 1

(Category 1 Fabrics are not included in this contract)

Category 2

1.4.10. Category 2, Item 1.3.2.1: Polyester Polo Fabric

• Yarns: 100% spun polyester

• Minimum Weight: 5.65 oz. per sq. yd.

• Roll Width: 59 – 60 inches

• Roll Length: 100 - 200 linear yards

• Tensile Strength: Warp: 314, Fill: 114

• Color(s): Light Blue, Green, and Tan

• Pricing: Per linear yard

1.4.11. Category 2, Item 1.3.2.2: 50/50 Cotton Polyester T Shirt Fabric

• Yarns: 50% polyester, 50% cotton blend

• Minimum Weight: 5 oz. per sq. yd.

• Roll Width: 59 - 60 inches

• Roll Length: 100 - 200 linear yards

• Shrinkage: Pre-shrunk not to exceed 3% residual shrinkage

• Color(s): White and Blue

• Pricing: Per linear yard

1.4.12. Category 2, Item 1.3.2.3: 100% Cotton Towel Fabric

• Yarns: 100% cotton

• Minimum Weight: 4.5 oz. per sq. yd.

• Roll Width: 60 inches

• Roll Length: 100 – 200 linear yards

• Shrinkage: Pre-shrunk not to exceed 5% residual shrinkage

• Color(s): White and Blue

• Pricing: Per linear yard

Category 3

(Category 3 Fabrics were not awarded)

Category 4

(Category 4 Fabrics are not included in this 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%7CRebecca.Meinert%40das.ohio.gov%7Cff0f09d10a8c49785c4708dc3a0e53f9%7C50f8fcc494d84f0784eb36ed57c7c8a2%7C0%7C0%7C638449080429158109%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=80lXsGGm4SS3qm1oG14RqBByxpMR%2Bcv2NAPHTzicL8k%3D&reserved=0

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 MINIMUM ORDER

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

destination, transportation charges prepaid allowed to any one destination shall be not less than 300 linear yards total, all items combined. Orders for less than the stated minimum will be shipped F.O.B.

destination freight prepaid and added to the Contractor’s invoice. All freight charges must be supported by a copy of the actual freight invoice.

3.4 SUBSTITUTION OF ITEMS

During the term of the Contract, the Contractor may have a need to substitute alternate manufacturer brand, style, or 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.

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 workdays of receipt of any order pursuant to this Contract, the Contractor shall provide a shipment and delivery date promise to the ordering agency.

Such notification shall be in writing via email. If the anticipated delivery date exceeds the time required by the DELIVERY clause of the Contract, the contractor will work with the ordering agency 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 ordering agency of the change and obtain the ordering agency’s agreement. 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 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.

3.6 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 bid. Timely delivery is vital to the agency in the management of inventories, and in the timely provision of goods or services to the agency’s customers. The DELIVERY term requires that the contract delivery term for this bid is within 30 days after receipt of order. If the Contractor is unable to meet that delivery period, the CUSTOMER SERVICE AND DELIVERY NOTIFICATION term of this Contract provides a mechanism for Contractor(s) to adjust the delivery period with the prior agreement of the ordering agency. If, after that process is initiated, the contractor is unable to provide delivery as promised, the agency, 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 term will not apply in the case of FORCE MAJEURE as defined by the Standard 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 adjust 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 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 adjustment must be supported by a general price increase in the cost of the finished supplies, 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 Provision I.C. “Termination/Suspension” and Provision II. of the “Contract Remedies:” of the “Standard Contract Terms and Conditions”.

3.8 DELIVERY

Contractor shall maintain inventory to fulfill orders as quickly as possible. Supplies will be delivered to the participating agency within 30 days after receipt of order. All deliveries must be coordinated with the institution.

Deliveries will be accepted between the hours of 7:45 AM to 10:15 AM and 12:00 PM to 2:00 PM, Monday through Friday, excluding State observed holidays. The carrier must call the OPI Garment 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.

3.9 DELIVERY LOCATIONS

The following are authorized delivery locations for materials ordered pursuant to any contract awarded as a result of this Bid. DAS reserves the right during the term of this contract to add additional DRC, OPI locations within the State of Ohio to this contract.

OHIO DEPARTMENT OF REHABILITATION AND CORRECTION, OHIO PENAL INDUSTRIES

GARMENT SHOP DELIVERY LOCATIONS

Allen Oakwood Correctional Institution

(AOCI)

2338 North West Street Lima, OH 45802 Contact: Charlene Wilson Phone: 567-242-2457

Marion Correctional Institution (MCI) 940 Marion-Williamsport Road E Marion, OH 43302 Contact: Ifeanyi Uzoukwu Phone: 614-441-0506

Ohio Reformatory for Women (ORW) 1479 Collins Avenue Marysville, OH 43040 Contact: David Lehman Phone:937-553-5368

London Correctional Institution (LCI)

1580 OH-56

London, OH 43140 Contact: Charles Hodge Phone: 740-852-2454 Ext 26213

3.10 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 EVALUATION

Bids will be evaluated in accordance with Article I-15 of the “Instructions to Bidders”. The estimated usage for each line item will be multiplied by the bid prices to determine the estimated annual cost per line item. The estimated annual cost for each line item will be totaled to determine the lowest responsive and responsible bidder by category. Failure to bid on all items in a category may result in the bidder being deemed 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.

Failure to bid all items in a category may result in the bidder being deemed not responsive for that category.

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 on. This certification must be from an authorized manufacturer representative. If not provided as part of the bid response, the Bidder must provide said statement within five (5) business days after request or 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.

5.4 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. At any point during the evaluation of bids or during the term of the contract awarded from this bid, OPI may request independent laboratory testing documentation from the contractor for determination of conformance with any or all of the item specifications in this Bid at the Contractor’s expense.

After awarding 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 the actual product being delivered that are due to manufacturer changes may be acceptable and shall require prior written approval from DAS.

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