ITB024930_Contract_V1.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: DRC Materials and Supplies for the Ohio Penal Industries (OPI) Vehicle Modification Center

CONTRACT No.: ITB024930

CONTRACT ID: CTR024930

EFFECTIVE DATES: 11/21/24 to 08/31/27

SUPPLIER: GBEX LLC

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

SRC0000022417. 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 DEPARTMENT OF REHABILITATION AND CORRECTIONS, 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

Ohio Department of Rehabilitation and Corrections (ODRC), Ohio Penal Industries (OPI) requires a variety of material, industrial supplies, and tools for use in modifying and restoration of heavy duty vehicles in their Vehicle Modification Center.

A. Pricing schedules for market basket list of items will be delineated into four (4) categories: A, B, C, and D. A fifth pricing schedule will be outlined for the purpose of defining a catalog discount on all items not listed in market baskets A, B, C, or D.

B. Products will be ordered and shipped upon request of purchasing agency during the term of the contract.

C. Contractor(s) will provide knowledgeable contract representatives for on-site assistance with product warranty and advice for the term of this contract.

1.2 CLASSIFICATION

The following are the categories within this Contract. The categories include a list of material types/teams that are part of each category. Each category has a market basket with specific items and a catalog discount. The Catalog Discount (Percentage Off) will be a flat discount that applies to all items within that category, excluding those items listed within the market basket. For any category that the bidder is submitting a bid, the bidder must provide the discount offered for that category via the Questionnaire.

A. Category A

1. Abrasives & Abrasive Media

2. Adhesives, Sealants & Tape

3. Electrical/Wire and Cable

4. Machine Cutting Tools

5. Machining/Finishing

6. Metal Fabrication Machine Accessories

7. Paint Applicators & Painting Accessories

8. Power Tool Accessories

B. Category B

1. Fasteners/Screws

2. Greases

3. Hardware and Fittings

C. Category C – Welding and Soldering and Brazing Supplies

D. Category D

1. Air Filters

2. Safety Apparel

1.3 APPLICABLE DOCUMENTS

The following documents within the scope of this contract and latest revisions thereof, apply to this contract, for meeting industry standards of these products:

A. American National Standards Institute (ANSI) - http://www.ansi.org/

B. Underwriters Laboratories (UL) Standards - http://www.ul.com/global/eng/pages/solutions/standards

C. The National Sanitation Foundation Testing (NSF) Standards -http://www.nsf.org/services/by- type/standards-publications http://www.ansi.org/ http://www.ul.com/global/eng/pages/solutions/standards http://www.nsf.org/services/by-type/standards-publications http://www.nsf.org/services/by-type/standards-publications

1.4 GENERAL REQUIREMENTS

A. All products, items and materials shall be new and under current production for use in the United

States. No grey market products, items and/or materials are considered responsive to this solicitation.

B. Unless otherwise indicated in the detailed specifications of this solicitation/contract, the use of a specific brand name is for illustrative purposes only. The State will consider equal products that meet specifications with similar quality and standards (see Section 5.3 Brand Specific or Equal).

1.5 CUSTOMER SERVICE

A. Contractor must provide website and online catalog capabilities within 30 days or earlier of contract award to the using agency contact(s). The following must be a part of the online capabilities for the using agency:

1. On-line ordering capability for the Contractor’s awarded Category Market Basket(s).

2. Price list(s) for the awarded Category/Categories items: item level pricing for the Category awarded items, and pricing that reflects the Category discount for other items that fall within the awarded Category/Categories.

3. Order status and order tracking capabilities

4. Order history

5. Search options from narrow options to specific search criteria

6. Allow users to develop shopping carts or personal lists and profiles

7. Online assistance for the site should be available during normal business hours between 7:30 a.m. to 5:00 p.m. Eastern Standard Time

8. Ability to accept the State of Ohio P-Card and industry standard security for storing purchasing card information.

B. Contractor must notify the ordering agency of any known discontinued item that may arise on any market basket item list.

C. Contractor must notify the purchasing agency contact(s) via email or telephone call if delivery requirements cannot be met within the specified time. The State may at its own discretion cancel a delayed order with no additional charges to be paid by the State.

D. Contractor will assist with prompt service for products that meet warranty conditions. The State may request Contractor support for warranty on products sold within this subject contract.

E. Contract representative assigned to this contract will interface with the agency as needed. There must be a telephone number and/or email address for the agency to contact this contract representative. The contract representative must be available to answer questions and resolve problems when necessary.

F. Contractor shall notify the Office of Procurement Services and ODRC, OPI, within 10 days, in the event the contractor’s representative should change.

1.6 PACKAGING AND LABELING

All shipments are to be delivered directly to the purchasing agency address. All items will be verified upon delivery to the OPI shop location by the OPI shop staff, and discrepancies will be communicated from the OPI shop staff to the Contractor.

1. All shipments must include a packing label that includes at minimum the following information on the outside of the package:

a. Purchasing Agency

b. Delivery Address

c. Contact Name and telephone number

2. A packing slip will also be included with each shipment, which shall include at minimum the following information:

a. Date ordered

b. Purchasing Agency

c. Purchase order number

d. Quantity ordered/Unit of Measure

e. Quantity shipped/Unit of Measure

f. Line item description

g. Unit price and extension

h. List any items on backorder with the quantity on backorder and estimated delivery date of backorder

1.7 SHIPMENTS AND DELIVERIES

A. All commodities that will be shipped to the ordering agency will be delivered and packed strongly and securely according to accepted commercial practices.

B. Contractor will not substitute items that are on back order or out of stock without prior approval from the ordering agency contact. Contract pricing of the substituted item (if approved by the using agency) must remain the same. If pricing will be affected, a waiver request must be submitted and approved by the using agency and the Office of Procurement Services.

C. Any item listed on backorder must declare the expected shipment date.

D. If an item or product is shipped in error or damaged upon delivery, the Contractor will be responsible for prompt pick up and return freight and related charges within five days of the return product request from the purchasing agency. The purchasing agency may choose to accept a new shipment or cancel the order if the product arrives in an unacceptable condition or is sent after the lead time without notice of delayed shipment.

E. Upon the request of the ordering agency the Contractor must provide one set of the appropriate material safety data sheet(s) (MSDS) and container label(s) upon delivery of a material or commodity that would usually be accompanied by a MSDS sheet to the ordering agency.

1.8 SPECIFICATIONS AND USAGE ESTIMATES

Shown below are the specifications requirements for equipment that ODRC, OPI, desires to purchase. These specifications are only considered as necessary to establish functional requirements. The following may be bid as either the brand listed or as an approved equal in accordance with the Special Terms and Conditions listed herein. Proprietary design, exact dimensions, capacities, or restrictive features will not preclude acceptance of other recognized alternates meeting comparable performance requirements as determined by the Department of Administrative Services. List all deviations providing equivalent performance in the Questionnaire.

Failure to comply may deem the bid non-responsive.

Usage data will change from year to year. The State makes no representation or guarantee as to the actual number of units that will be purchased by the participating agency. Bidder shall specify the delivered cost for each of the Basket items below on the Item Grid. Bidders shall not insert a unit cost more than 3 digits after the decimal point.

Digit(s) beyond 3, after the decimal point, shall be dropped by the Office of Procurement Services and not used in the evaluation and any subsequent award. Bidder must provide Contractor/Dealer Code Number, Manufacturer, Manufacturer Part Number and Unit Bid Price. Unit Bid Price must be bid according to unit of measure (UOM) listed for that item as shown in the Category Market Basket and Item Grid.

CATEGORY B

CATEGORY B, MARKET BASKET

LINE

NO.

ITEM DESCRIPTION ADDDITIONAL

SPECIFICATIONS

AND

STANDARDS IF

APPLICABLE:

MATERIAL TEAM

OR CATEGORY

UOM ANNUAL

ESTIMATED

USAGE/UOM

1 1/2"-13 x 1-3/4" HEX HEAD CAP SCREW, STAINLESS STEEL 18-8 (FULL THREAD) 100 count box Fasteners/Screws BOX

2 1/2"-13 x 1-3/4" HEX HEAD CAP SCREW, STAINLESS STEEL 18-8 100 count box Fasteners/Screws BOX

3 1/2"-13 x 2" HEX HEAD CAP SCREW, STAINLESS STEEL 100 count box Fasteners/Screws BOX

4 1/2"-13 x 4" HEX HEAD CAP SCREW, GRADE 8 YELLOW ZINC 100 count box Fasteners/Screws BOX 2,000

5 1/2"-13 x 4-1/2" HEX HEAD CAP SCREW, GRADE 8, YELLOW ZINC 100 count box Fasteners/Screws BOX 2,000

6 3/8"-16 x 1" HEX HEAD CAP SCREW, STAINLESS STEEL 18-8 100 count box Fasteners/Screws BOX 2,500

7 3/8"-16 x 1-3/4" HEX HEAD CAP SCREW, STAINLESS STEEL 100 count box Fasteners/Screws BOX

8 3/8"-16 x 4-1/2" HEX HEAD CAP SCREW, STAINLESS STEEL 100 count box Fasteners/Screws BOX

9 3/8"x 3" HEX HEAD LAG SCREW, STEEL 100 count box Fasteners/Screws BOX

10 3/8"x 4" HEX HEAD LAG SCREW, STEEL 100 count box Fasteners/Screws BOX

11 5/8"-11 x 2", HEX HEAD CAP SCREW, GRADE 8, YELLOW ZINC 100 count box Fasteners/Screws BOX 2,000

12 5/8"-11 x 3-1/2", HEX HEAD CAP SCREW, GRADE 8, YELLOW ZINC 100 count box Fasteners/Screws BOX

13 1/4” FLAT WASHER, STAINLESS STEEL, 18-8 100 count box Fasteners/Screws BOX 7,505

14 1/2” FLAT WASHER, STAINLESS STEEL, 18-8 100 count box Fasteners/Screws BOX 2,000

15 3/8” FENDER FLAT WASHER, STAINLESS STEEL, 18-8 100 count box Fasteners/Screws BOX 6,000

CATEGORY B, MARKET BASKET

LINE

NO.

ITEM DESCRIPTION ADDDITIONAL

SPECIFICATIONS

AND

STANDARDS IF

APPLICABLE:

MATERIAL TEAM

OR CATEGORY

UOM ANNUAL

ESTIMATED

USAGE/UOM

16 3/8” SPLIT LOCK WASHER, STAINLESS STEEL, 18-8 100 count box Fasteners/Screws BOX 16,000

17 5/8” SPLIT LOCK WASHER, YELLOW ZINC, GRADE 8 100 count box Fasteners/Screws BOX 5,000

18 1/4-20 RIGHT HAND HEX NUT, STAINLESS STEEL, 18-8 100 count box Fasteners/Screws BOX 10,000

19 5/16-18 RIGHT HAND HEX NUT, STAINLESS STEEL, 18-8 100 count box Fasteners/Screws BOX 5,000

20 3/8-16 RIGHT HAND HEX NUT, STAINLESS STEEL, 18-8 100 count box Fasteners/Screws BOX 12,800

21 1/2-13 RIGHT HAND HEX NUT, STAINLESS STEEL, 18-8 100 count box Fasteners/Screws BOX 5,000

22 3/8-16 HEX LOCK NUT WITH NYLON INSERT, 18-8 100 count box Fasteners/Screws BOX 2,000

23 1/2-13 HEX LOCK NUT WITH NYLON INSERT, 18-8 100 count box Fasteners/Screws BOX 1,000

24 3/4” PAN HEAD, PHILLIPS DRIVE MACHINE SCREW, STAINLESS STEEL, 18-8 100 count box Fasteners/Screws BOX

25 PIN ROLL SPRING 1/4/X2 100 count box Fasteners/Screws BOX 2,000

26 PIN HITCH CLIP, 3/16X3-1/4, SS 12 count box Fasteners/Screws BOX

27 #4/0 ZINC PL(CTL) PASSING LINK CHAIN 1 foot increment Fasteners/Screws EACH

28 PREMIUM RED GREASE STA-PLEX 14 ounce tube Lubricant EACH

29 ELBOW 90 DEGREES BLACK STEEL 1/4" Hardware and fittings

EACH

30 ELBOW 90 DEGREES BLACK STEEL 2" Hardware and fittings

EACH

31 NIPPLE BLACK STEEL 1/4" X 10" Hardware and fittings

EACH

CATEGORY B, MARKET BASKET

LINE

NO.

ITEM DESCRIPTION ADDDITIONAL

SPECIFICATIONS

AND

STANDARDS IF

APPLICABLE:

MATERIAL TEAM

OR CATEGORY

UOM ANNUAL

ESTIMATED

USAGE/UOM

32 NIPPLE BLACK STEEL 2" X 3" Hardware and fittings

EACH

33 TEE BLACK STEEL 2" Hardware and fittings

EACH

Category B Catalog Discount on Items not listed in Market Basket B: 20%

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. 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. MINORITY BUSINESS ENTERPRISE (MBE) SET ASIDE

The State is committed to making more State contracts and opportunities available to minority business enterprises (MBE) certified by the State of Ohio pursuant to Section 122.921 of the Ohio Revised Code and Rule 123:2-14-01 of the Ohio Administrative Code, as those provisions may be amended, renumbered, replaced or otherwise modified. This solicitation is being issued as a minority set aside contract in accordance with Section 125.081 of the Ohio Revised Code. All suppliers must be an Ohio certified MBE as of the solicitation due/opening date. Pursuant to OAC 123:2-14-02 (V), suppliers are required to be certified in the appropriate UNSPS Code for the products, supplies, or services specified in the solicitation.

If a certification application has been submitted that needs to be expedited to meet the solicitation due/opening date, contact the Minority Business Development Division at the Department of Development.

For more information regarding Ohio MBE certification requirements, including a list of Ohio certified MBE businesses, please visit Development’s Minority Business Development Division web site.

Any supplier seeking to submit a response to this solicitation must provide a copy of its Ohio MBE certification with its response. The supplier must maintain a valid certification throughout the term of the Contract, including any renewals. Failure to maintain a valid certification will be considered a breach of the Contract.

In order to be awarded a Category market basket as an MBE, suppliers must be registered with the Ohio Department of Development as an MBE under the designated UNSPS Commodity Code for that respective Category:

Category A: The UNSPS Commodity Code for Category A in this solicitation is 31191500 – Abrasives and Abrasive Media.

Category B: The UNSPS Commodity Code for Category B in this solicitation is 31161500 – Screws.

Category C: The UNSPS Commodity Code for Category C in this solicitation is 23271800 – Welding and Soldering and Brazing Supplies.

Category D: The UNSPS Commodity Code for Category D in this solicitation is 46181500 – Safety Apparel.

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

3.4. DELIVERY

Supplies will be delivered to the participating agency within two days after receipt of order for in-stock items, and within ten working days for non-stocked items, unless mutually agreed upon between the Agency and Contractor. The delivery location will be noted on the purchase order issued by the participating agency. The delivery locations and the days and times deliveries are accepted are listed below. DAS/OPI reserves the right to add additional institutional sites for shipment.

OPI Vehicle Modification Centers

Chillicothe Correctional Institution 15802 St. Rt. 104 N.

Chillicothe, OH 45601

Marion Correctional Institution 940 Marion Willamsport Rd., E.

Marion, OH 43302

Delivery Days: Monday – Friday Delivery Hours: 7:45 a.m. - 10:30 a.m. and 12:00 p.m. - 2:30 p.m.

All deliveries are to be coordinated with the OPI Vehicle Modification Center prior to delivery. OPI contact name and phone number will be provided at time of contract award.

No deliveries will be accepted during foggy or adverse weather conditions in accordance with institution security procedures for deliveries made inside secured areas.

The OPI Department of Rehabilitation and Correction (DRC) Code of Conduct Rules will be imposed. The Contractor recognizes the security requirements for entering Agency’s facilities and acknowledges receipt of the “Standards of Conduct for Contractor” (see Attachment 1). The Contractor agrees to comply with these standards and with safety rules and procedures. Due to institutional security requirements, the Agency staff may require the Contractor to document when the Contractor, or any subcontractor, is on State property.

Firearms are prohibited on DRC agency premises. A valid concealed handgun license does not authorize the licensee to carry a concealed handgun at a state correctional institution pursuant to Ohio Revised Code

2923.126 (B) (1). The law prohibits licensees from carrying concealed handguns in certain facilities and places. In accordance with this statute and other provisions of the Revised Code, it is illegal to carry a firearm, deadly weapon, or dangerous ordnance anywhere on ODRC agency premises.

All damaged items received shall be noted and returned to the contractor for prompt replacement.

In the event a problem cannot be resolved with the institution center manager, contact OPI Assistant Chief at OPI- Central Office, 1221 McKinley Avenue, Columbus, Ohio 43222, Phone: 614-867-7112.

3.5. FIXED PRICE WITH ECONOMIC ADJUSTMENT

The contract prices for the items within the market basket will remain firm for the first 12 months 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.

https://codes.ohio.gov/ohio-revised-code/section-2923.126 https://codes.ohio.gov/ohio-revised-code/section-2923.126 https://codes.ohio.gov/ohio-revised-code/section-2923.126

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”.

3.6. FIXED CATALOG DISCOUNT PERCENTAGE

The catalog discount percentage will remain firm fixed for the life of the contract. However, during the life of the contract, there may be a new catalog published and/or price list thereto. In this event, it will be necessary for the Contractor to supply the Office of Procurement Services with one (1) copy of each as applicable.

Pricing contained in the new catalog and/or price list will become effective thirty (30) days after receipt of notice by the Office of Procurement Services. Thereafter, state agencies may obtain the new catalog and/or price list from the Contractor.

3.7. EXCLUDED CURRENT STATE CONTRACTS PRODUCTS

Contract items will be limited to those products that are not already included within existing state contracts.

The state reserves the right to remove items from the market basket list after evaluation in the event those items are available to agencies at a lower cost from an existing contract.

3.8. 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.

3.9. MINIMUM ORDER FOR ITEM 29, CATEGORY A MARKET BASKET

For Black 1240 Coal Slag Coarse Grade Sandblasting Media, Item 29 in Category A Market Basket, the minimum quantity 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 Bidder’s minimum order quantity per item as indicated in the Questionnaire submitted at the time of bid. 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.

3.10. SHIPMENT

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/pre-paid/allowed. The cost of transportation from the contractor's address to the destination on such orders shall be prepaid.

4 - INVITATION TO BID INSTRUCTIONS

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

5 - SPECIAL INSTRUCTIONS TO BIDDERS

5.1. 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 (7) 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 may deem the bidder not responsive.

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

5.2. 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 (7) calendar days after notification.

Failure to provide the samples within the stated time period may 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.

5.3. BRAND SPECIFIC OR EQUAL

There are various items within this bid being bid as Brand Name or Approved Equal in accordance with Ohio Administrative Code 123:5-1-10 (D)(4). Bidders who offer alternate items to the Brand Names listed must provide detailed written justification with their Bid, describing how the alternate items offered meet or exceed the Brand Name items specified. The specifications for the Brand Names listed are considered necessary only to establish functional requirements. Proprietary design, exact dimensions, capacities, or restrictive features will not preclude acceptance of other recognized alternates meeting comparable performance requirements as determined by the State. Bidder signifies compliance or non-compliance with specifications by listing and outlining all deviations from specifications on company letterhead and returning it with the bid via the Questionnaire. Failure to provide this information may deem the bid not responsive. If the alternate item is not deemed to be an approved equal to the Brand Name item, the bid may be deemed not responsive.

5.4. EVALUATION

Bids will be evaluated in accordance with Article I-15 of the “Instructions to Bidders”. In addition, the state will base the award by multiplying the estimated annual usage with the unit price offered for each line item. The line item totals will be added together to determine the low lot total within each category’s market basket.

Failure to bid all line items within the market basket may deem your bid not responsive and no further consideration for award will be given for that category. Bidder must also supply a catalog(s) for that market basket and the corresponding discount. The discount will not be part of the evaluation.

5.5. CONTRACT AWARD

The contract will be awarded to the lowest responsive and responsible bidder by category. A contractor may be awarded one or more category. Only the awarded contractor may provide a catalog and discount for the category they are awarded.

DRC 4376 E (Rev. 11/2020) Page 1

Attachment 1 Ohio Department of Rehabilitation and Correction

Standards of Conduct for Contractors, Volunteers and Interns

Definitions

Contractor - Any individual or business under legal agreement with the Ohio Department of Rehabilitation and Correction (ODRC) to provide goods, services or construction for a certain price.

Volunteer - Any individual who has been recruited and has requested volunteer status. The person will be involved in on-going programs and will have direct contact with offenders and offenders under supervision. Paid or unpaid student interns shall be considered as volunteers.

Intern - A paid or unpaid individual in an educational or experiential capacity whose institution or department assignment will deliver a work product of material benefit to the individual and

DRC.

Purpose

The purpose of this document is to provide guidance to contractors, volunteers and interns entering the facilities of the ODRC or working with offenders under supervision. In view of the nature and purpose of the various facilities of ODRC it is necessary that all persons who enter the facilities or work with offenders under supervision in the community, understand the rules and security requirements of a correctional environment. Persons entering a correctional facility or who provide services to offenders under supervision, have certain obligations under law to ensure that their actions do not jeopardize the safe and secure operation of ODRC.

Responsibilities

The Site Manager (APA Regional Administrative/Designee, appropriate Section Manager, or Warden) of each facility/region has the responsibility to ensure that all contractors, volunteers and interns understand the guidelines necessary for their safe entrance and operation while in a correctional setting. Staff will be assigned by the Site Manager to ensure that all such persons are properly oriented to working in a correctional environment. Contractors, volunteers and interns must realize their responsibility to follow the rules of conduct, ethics, policies, and law relating to their assignments. The Site Manager will approve entrance and training of all contractors, volunteers and interns and has the authority to terminate entrance authorization or working relationships for any such person who has demonstrated an inability to follow the approved guidelines. In addition, violations may result in termination of contracts/services and/ or prosecution.

Personal Conduct

It is essential to the orderly operation of a correctional department that all persons conduct themselves in a professional manner. The following are several types of behavior that will not

DRC 4376 E (Rev. 11/2020) Page 2 be tolerated within a correctional environment, including APA offices. (This is not intended to be an all-inclusive list).

1. The use, possession, conveyance, or unauthorized distribution of illegal drugs, narcotics, or controlled substances is strictly prohibited at any time. Use of alcoholic beverages or being under the influence of alcohol or drugs while on duty or conducting volunteer work is prohibited.

2. No person shall, without authorization from the Site Manager, allow themselves to show partiality toward, or become emotionally, physically, or financially involved with offenders, parolees, probationers, transitional controlees or their families, or establish a pattern of social fraternization with same.

A. No persons shall offer, send or give to an offender, parolee, probationer, transitional controlee, or a member of his/her family, or to any person known to be associated with him/her, any article, monies, favor, or service which is not authorized in the performance of the person’s duties and which conflicts or appears to conflict with the person’s assigned duties. Contractors/volunteers or interns shall not accept any gift, personal service, or favor from an offender, parolee, probationer, or transitional controlee, or his/her family, or person known to be associated with him/her which is not authorized in the performance of the person’s duties and which conflicts, or appears to conflict, with the person’s duties.

B. Contractors shall not visit an offender, parolee, probationer, or transitional controlee while such an individual is under the supervision of the Department unless such a visit is given prior authorization during the contract service period by the ODRC Contact Person and Site Manager of the respective facility or the visit is part of the job duties.

C. Volunteers/Interns shall not visit an offender at the institution or DPCS office that they are volunteering at except as referenced by DRC policy 71-SOC-01.

Volunteers must notify their staff supervisor and complete DRC form 1500, Staff Nexus, if/when they choose to visit an offender at another prison.

D. Contractors who become involved in any set of circumstances as described above, have an affirmative responsibility of notifying their contact person at the correctional institution who will be responsible for notifying the site manager.

3. No such person shall, without the express authorization of the Site Manager, show favoritism or give preferential treatment to an individual under supervision of the ODRC to include, but not limited to offering, receiving, or giving of a favor or anything of value.

4. Brutality, physical violence, or intimidation of inmates, and/or their families, such persons will not be permitted, nor will force be used beyond that necessary to protect any person from physical harm.

5. The use of obscene, threatening, or abusive language by contractors/volunteers toward offenders or others will not be tolerated.

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Work Schedule

Due to staffing and security concerns and the nature of services being performed by contractors, volunteers and interns, it is essential that contractors, volunteers and interns work out a mutually acceptable work schedule with their ODRC Contact Person or Intern Mentor. Failure to perform services consistent with the mutually agreed upon schedule may be considered failure to fulfill the requirements of the contract, volunteer service or internship program.

Responsiveness

1. Inattentiveness to job responsibilities and procedures in a correctional environment can result in escapes, assaults, and other incidents. Therefore, contractors, volunteers and interns must remain fully alert and attentive during the time they are on state property or in a state operated office.

2. To ensure safety and security to the facility and DPCS operations, such persons must abide the instructions of their ODRC Contact Person or Intern Mentor regarding safety and security related issues.

Confidentiality

1. Some contractors/volunteers may have access to official information, ranging from personal data concerning staff and inmates to information involving security. Because of the various degrees of sensitivity afforded to this information, official information may be disclosed or released only as required in the performance of any contractor’s/ volunteer’s duties upon specific authorization from someone with the delegated authority to release official information. The Director or his designee in the Operation Support Center and the Site Managers are the only persons authorized to release official information.

2. The above shall not be construed as a reason to deny authorized persons access to official records and files. ODRC has an obligation to supply official information in response to requests from organizations or individuals upon determining that such individuals are properly identified and acting in an official capacity. To ensure the proper use of official information the following rules of conduct are established:

A. Contractors/volunteers will verify the identification and authority of individuals requesting access to information prior to giving or discussing records, personnel files, or other official information.

B. Authorized persons will not be denied access to official information.

C. Contractors/volunteers will not use, or release for use, official information for private purposes unless this information is available to the general public.

D. Contractors/volunteers will not remove from files or make copies of records or documents except in accordance with established procedures or upon proper authorization.

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E. Contractors/volunteers will not make statements or release official information that could breach the security of the institution/APA district office or unduly endanger any person.

F. Former contractors/volunteers will be granted access only to information available to other members of the general public, and will have no greater standing than members of the public, irrespective of their past contractual relationship and/or any associations developed in the course of such relationships.

Illegal Activity The very nature and purpose of the Department’s existence demand that it closely monitors any alleged illegal activity by its employees and non-employees. Should any contractors, volunteers or interns be arrested for, charged with or convicted of any felony or degree misdemeanor (except for a minor misdemeanor), or is required to be a plaintiff in any court in a criminal matter, that person shall immediately inform his/her ODRC Contact Person or Intern Mentor. Such information shall be evaluated and may be reason to terminate the contract/service/ internship immediately.

Conveying or Trafficking in Contraband The introduction of contraband into or upon the grounds of any state property, or taking or attempting to take contraband there from, or otherwise trafficking in contraband without the knowledge and consent of the Site Manager of such institution/regional office is prohibited.

Contraband is defined as “any” article which is intended for the unauthorized use or possession of any inmate or which is prohibited by law or Department Policy from being carried onto the grounds of an institution, detention facility or APA Office. Examples of contraband, which could be intended for an inmate’s/offender’s unauthorized possession or use, include letters, stamps, tools, paper, food, messages, and money. Examples of contraband, which are prohibited by law (ORC Section 2921.36), include firearms, knives, explosives, ammunition, drugs, and alcoholic beverages.

Investigations Every contractor/volunteer/intern is required to immediately report to the Site Manager, or designee, any violation or attempted violation of any law or regulation, and any act or omission by any person which has resulted in a breach of institution security or jeopardizes the safety of others.

Allegations of misconduct will be investigated by the Appointing Authority or his designee (could be immediate supervisor or anyone else in the chain of command). Where appropriate, investigations will be coordinated and conducted by the Department Chief Inspector and/or other appropriate agency. The Ohio State Highway Patrol is responsible for investigating violations of Ohio laws occurring on state property.

During the course of an official investigation, contractors, volunteers and interns are to cooperate fully by providing all pertinent information that they may have. Failure to answer any inquiry fully and to the best of his/her knowledge may be grounds to terminate the contract or internship.

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Government Property

1. All government property, including automobiles, identification badges, supplies, equipment, telephones, and facilities are to be used for official purposes only. Loss, misplacement, theft, damage, or destruction of government property issued to and used by contractors, volunteers and interns must be reported to his/her ODRC Contact Person or Intern Mentor immediately.

2. ODRC credentials, identification cards, or badges shall not be used to coerce, intimidate, or deceive others or to obtain any privilege or article not otherwise authorized in the performance of official duties.

Chain of Command Every contractor/volunteer will be assigned an ODRC Contact Person, or Intern Mentor who will be responsible for informing each person of the rules, policies, and regulations relevant to their work at the institution. In their absence, the contact person shall be the Shift Supervisor, generally known as the Shift Captain or Acting Shift Captain or the previously designated APA staff. In cases of emergency, this person will always be available to respond to questions or needs.

Standards of Conduct

Violation of the Standards of Conduct may result in termination of authorization to enter the grounds of the facility or APA Office Site, referral to the Ohio State Highway Patrol for criminal investigation, referral to the Appointing Authority for investigation, and/or termination of an existing contract with the institution or APA. The following acts are prohibited and considered violations of appropriate conduct:

1. Visiting an offender unless the person is a verified immediate family member and/or have been approved by the Warden of the institution per DRC Policy 71-SOC-01 and DRC Policy 76-VIS-01.

2. Deliberate destruction, damage, and/or theft of state property, offender property, property of visitors, or property of an employee, including state vehicles.

3. Failure to carry out directions provided by the ODRC Contact Person.

4. Commission of a felony or misdemeanor.

5. Interfering with the orderly operation of the institution.

6. Willfully making false, abusive, or obscene statements towards employees, inmates/ offenders, or the general public is prohibited.

7. Any acts of discrimination or harassment on the basis of sex, race, color, age, religion, national origin, disability or sexual orientation.

8. Theft.

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9. Misusing official position for personal gain, including soliciting bribes, in the course of carrying out assigned duties at the institution, APA District Office or Operation Support Center.

10. Failure to report accidents or unsafe work conditions.

11. Threatening, intimidating, or coercing another for personal gain or satisfaction.

12. Fighting with a fellow worker, employee, visitor, or inmate/offender.

13. Interfering or failing to permit an official search, including searches of your person and of your personal property, or failing to cooperate with any official inquiry or investigation.

14. Distribution, possession, misuse, conveyance, or display of weapons, explosives, money, or other contraband.

15. Loss of control of any instrument that could result in a breach of security and/or jeopardize the safety of others, e.g., to include but not limited to, Class A tools, keys, communication devices, identification badges, etc.

16. Possession or consumption of alcoholic beverages or illegal drugs while on state property.

17. Reporting to the institution, APA office or place where, as the contractor, volunteer, or intern, you are performing official duties, under the influence of intoxicants, alcohol, or illegal drugs.

18. The posting or removal of any matter on a bulletin board without permission.

19. Other actions that could harm or potentially harm others.

20. Use of excessive force or physical abuse towards an inmate/offender.

21. Threatening or intimidating an inmate/offender.

22. Giving preferential treatment to an inmate/offender, the offering, receiving, or giving of a favor or anything of value to an offender without authorization from ODRC.

23. Engaging in unauthorized personal relationships with inmates or their families, including correspondence or phone communications with inmates and their families.

Entry Procedures

Institution Entry:

The ODRC Contact Person, Intern Mentor will coordinate the initial on-site visit. It is the responsibility of this person to ensure that contractors, volunteers and interns are aware of the rules and regulations governing activities in the institution. A designated administrative staff member must authorize entrance into the facility. Any person entering a correctional environment is subject to search at any time. This search may include a metal detector search, a frisk search, or a strip search. Failure to comply with any authorized search will result in removal

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Contractors, volunteers and interns must sign in and out upon entry and exiting state property.

According to the Departmental Dress Code policy 31-SEM-06, the following shall apply to those entering DRC sites:

1. All uniformed personnel shall report for work in clean, neat uniforms. Uniformed personnel shall always wear the complete uniform while on duty. All non-uniformed personnel shall report to work in clean and neat clothing. Shoes must be clean and in good repair. All clothing shall project a professional and positive image.

2. Jewelry shall be limited to small items worn in moderation. Non-uniformed personnel may wear earrings that present a professional appearance and are not excessive. Except as otherwise permitted by this policy, while on duty, the wearing of any object inserted into an exposed body part that has been pierced is also prohibited. Examples include the tongue, nose, lips, eyebrow(s), etc. Prohibited objects include, but are not limited to, jewelry, posts, straw, or toothpick material

3. Fingernails shall be reasonable in length. Nail polish must be professional and dignified.

4. The following is a list of acceptable clothing for non-uniformed personnel –

A. Trousers, slacks, shirts, blouses, sweaters, turtlenecks, etc. must be business casual or dress. Blouses must cover the midriff and cleavage. Capri pants must extend to the middle of the calf or longer.

B. Ties are considered part of a professional appearance.

C. Skirts and dresses shall be no shorter than the top of the kneecap. Splits must not be extreme.

D. Shoes may be dress or business casual and shall be appropriate for a professional office atmosphere. Flip-flops and shower clogs may not be worn. Dress sandals may be worn depending upon safety considerations and at the discretion of the managing officer or the superintendent of the Adult Parole Authority (APA).

Tennis shoes/sneakers that are clean and in good repair may be worn on work assignments, but only when approved by the managing officer or the superintendent of the APA. The managing officer or the superintendent of the APA may authorize the wearing of tennis shoes/sneakers that are clean and in good repair during jean/casual dress days approved by ODRC, in accordance with of this policy, Jeans/Casual Dress Day Events.

E. Hats must be dress or casual. Ball caps may be worn at the discretion of the managing officer or the superintendent of the APA but shall not bear offensive or inflammatory messages and must be appropriate for the work setting.

F. Belts may be dress or casual. Metal or chain-like belts are prohibited. Buckles must be reasonable in size and shall not bear messages that are offensive or inflammatory.

G. Appropriate undergarments must be worn. Tight or form-fitting apparel such as leggings or compression garments may be worn as undergarments, e.g., under a skirt or pants, but are prohibited when worn as an outermost garment.

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H. Denim attire of any type is generally not acceptable. The managing officer may approve exceptions as determined to be appropriate.

5. Wearing of political campaign badges, buttons, shirts, pins, etc., is always prohibited.

6. Uniformed and non-uniformed personnel may color or lighten their hair, but the color must be a naturally occurring hair color. All hairstyles must be kept in a neat, clean manner, be of a conservative nature, not detract from one’s personal appearance as a professional and shall not provoke undue personal attention. Certain hairstyles may be considered incompatible with a professional and dignified appearance. Any pattern cut into the hair, to include, but not limited to, numerals, designs, radical vertical hair styling or side-blocking is not permitted. Hair shall not be worn in a manner that interferes with job performance, wearing assigned uniform headgear, or that compromises the safety of the individual. Facial hair must be professional in appearance, to include, but not limited to, length and well-groomed. Facial hair may be prohibited where it prevents the proper wearing and sealing of a gas mask or self-contained breathing apparatus for those individuals required.

7. Any marking on the body, which is inflammatory or known as a gang insignia such as, but not limited to, swastikas and double lightning bolts, are not to be displayed at work by any employee or independent contractor. Such body markings are strictly prohibited.

8. Exceptions to the clothing lists may be made for special circumstances, such as for religious accommodations, training, and unusual work environments, at the managing officer’s discretion.

Only items necessary for the volunteer/contracted service or internship may be brought into the correctional environment. Large sums of money, pocketknives, etc., are not permitted. The contractor/volunteer will be asked to store the items either in their car or available lockers in the entrance area. If a contractor/volunteer requires medication they should take only that amount that is necessary for the day.