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: DAIRY PRODUCTS

CONTRACT No.: ITB034526

CONTRACT ID: 34526

EFFECTIVE DATES: 3/1/2026 to 2/28/2029

SUPPLIER: TOFT DAIRY INC.

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

SRC0000034857. 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 Developmental Disabilities, Department of Veterans Services, Department of Youth Services, and Ohio Deaf and Blind Education Services, 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: The State of Ohio, Office of Procurement Services (OPS), is seeking a contractor to furnish and deliver Grade A milk and other specified dairy products to State of Ohio agency locations.

1.2 CLASSIFICATION:

1.2.1 Milk

• Unflavored:

o Whole, 3.25% o Reduced Fat, 2% o Low Fat, 1% o Fat Free, Skim

• Flavored:

o Chocolate, Low Fat, 1% o Strawberry, Low Fat, 1%

1.2.2 Lactose Free Milk, Non-Fat

1.2.3 Egg Nog

1.2.4 Cottage Cheese, Creamed:

• Regular, 4%

• Reduced Fat, 2%

• Low Fat, 1%

1.2.5 Sour Cream

• Regular

• Fat Free

1.2.6 Yogurt

• Light o Vanilla o Strawberry o Blueberry o Peach

• Low Fat

• Low Fat, Custard Style

• Greek o Vanilla

• Frozen o Vanilla o Chocolate

1.2.7 Ice Cream

• Strawberry

• Chocolate

• Vanilla Bean

• Moose Tracks

• Chocolate Mint

• Cookies and Cream

• Buckeye

1.3 APPLICABLE DOCUMENTS

1.3.1 Ohio Department of Agriculture, Ohio Administrative Code – Chapter 901:11.

1.3.2 Ohio Revised Code, Title 9, Chapter 917.

1.3.3 Ohio Revised Code, Title 37, Chapters 3707 and 3717.

1.3.4 Code of Federal Regulations, Title 21, Part 131 Milk and Cream (21CFR131), Part 133 Cheeses and Related Cheese Products (21CFR133), and Part 135 Frozen Desserts (21CFR135).

1.3.5 Any applicable rules and regulations pertaining to the products listed herein and established by any federal, state or local governmental agency concerning the processing and labeling of Grade A dairy products.

1.4 GENERAL REQUIREMENTS

1.4.1 Products

1.4.1.1 All dairy products offered must be processed and packaged in accordance with laws and regulations as set forth by the United States Department of Agriculture (USDA), Food and Drug Administration, Ohio Department of Agriculture, Ohio Department of Health, and that of whichever state in which the dairy is located.

1.4.1.2 Grade A dairy products must be pasteurized or ultra-pasteurized as defined in Ohio Department of Agriculture regulations.

1.4.1.3 Where applicable, dairy products must be homogenized.

1.4.1.4 Dairy products must conform to all regulations regarding optional ingredients.

1.4.1.5 Whole fat homogenized milk, flavored and unflavored, must contain no less than 3.25% butterfat.

1.4.1.6 Reduced fat and low-fat homogenized milk, flavored and unflavored, must contain no less than the specified amount of butterfat listed in item grid.

1.4.1.7 Yogurt must be manufactured in accordance with Grade A cultured milk products.

1.4.1.8 Milk must have a minimum of nine calendar days after the date of delivery until reaching date stamped on carton.

1.4.1.9 Contractor is required to furnish date code information upon request.

1.4.2 Packaging and Labeling

1.4.2.1 All items must be delivered in clean, sealed containers clearly marked as to their contents and free from damage or defect.

1.4.2.2 All items must be properly labeled and identified in accordance with rules and regulations as established by the Ohio Department of Agriculture and the Ohio Department of Health regarding labeling or those of whichever state in which the dairy is located.

1.4.3 Delivery

1.4.3.1 The Contractor must contact each facility for which they receive award to establish a mutually agreeable delivery schedule. Products must be delivered in accordance with the delivery schedule mutually agreed upon by the facility and the Contractor.

LOCATION CONTACT PHONE EMAIL

Columbus Developmental Center

Juana Johnson- Burton 614-272-3120 Juana.Burton@dodd.ohio.gov

Northwest Developmental Center Jaquese Lewis 419-381-3098 Jaquese.Lewis@dodd.ohio.gov

Tiffin Developmental Center Sherrie Amory 419-443-3139 Sherrie.Amory@dodd.ohio.gov Warrensville Developmental Center Wylene Sims 216-285-9812 Wylene.Sims@dodd.ohio.gov

Ohio Veteran’s Home – Sandusky Amy Sutton 567-998-3546 Amy.sutton@dvs.ohio.gov

Cuyahoga Hills Juvenile Correctional Facility Robin Talley 216-464-8200, Ext. 2236 Eleazer.talley@dys.ohio.gov

Ohio State School for the Blind

Tajanita (Nita) Penick 614-752-1507 Tpenick@ossb.oh.gov

Ohio School for the Deaf Bill Gallaer 614-804-7526 Wgallaer@osdb.oh.gov

1.4.3.2 Unless otherwise agreed between the facility and the Contractor, deliveries must be made Monday through Friday.

1.4.3.3 In the event that a holiday disrupts the normal delivery day scheduled, alternate delivery arrangements must be made which are mutually acceptable to the agency and the Contractor.

1.4.3.4 As indicated in section 3.3 of this bid, Delivery, non-milk products must be delivered within seven calendar days ARO. Milk must be delivered within three calendar days ARO.

1.5 CONTRACTOR QUALIFICATIONS

1.5.1 Dairies producing products to be sold under this Contract must be in compliance with all state, city, and local Department of Agriculture rules and regulations regarding sanitation. Bidders must provide a copy of the milk processor license issued by the state in which the dairy is located for all facilities that will process milk to be sold under this Contract, in accordance with the Ohio Revised Code, Section 917.09. This documentation should be submitted with the bid response as an attachment to the OhioBuys questionnaire. Should the Contractor change processing facilities during the term of the Contract, the Contractor must immediately notify OPS and provide a valid milk processor’s license for the facility.

2 - STANDARD TERMS AND CONDITIONS

The State of Ohio Standard Terms and Conditions (revised 03/31/25) 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.

mailto:Tpenick@ossb.oh.gov https://dam.assets.ohio.gov/image/upload/procure.ohio.gov/TCond/Standard_T_C_3-31-25.pdf

3.3 - DELIVERY

The Contractor must contact the facility to establish a mutually agreeable delivery schedule. Non-milk products must be delivered to the participating agency within seven calendar days ARO. Milk must be delivered within three calendar days ARO. The delivery location will be noted on the purchase order issued by the participating agency.

3.4 - MONTHLY PRICE ADJUSTMENT (MILK ITEMS)

Contractors will review contract milk prices on a monthly basis, based on the USDA Announcement of Advanced Prices and Pricing Factors Mideast Marketing Area, Federal Order No. 33 (https://www.fmmaclev.com/Price_Announcements_Advance.htm). Contract pricing will be adjusted on a monthly basis by OPS, using the Contractor’s price change formulas, becoming effective on the 15th day of the following month. If the Bidder conditions the bid response by indicating that prices will not be changed monthly unless milk prices have changed by a certain amount, the bid response may be deemed not responsive.

Price adjustment based on factors other than changes shown on the USDA Announcement of Advanced Prices and Pricing Factors and/or rate changes by producer marketing organizations may be permitted at the sole discretion of OPS and requests must be accompanied by supporting documentation deemed sufficient by OPS.

Although computation of monthly price adjustments may be accomplished by use of more than three digits after the decimal point, the figure showing the monthly adjustment amount for each product and the contract unit price for all products will be rounded to three digits after the decimal point.

The Bidder must submit to OPS, with their bid response, the formulas to be used to determine price adjustments for dairy products during the contract term. The Bidder must provide a price change formula for each variety and container size of milk product that the Bidder submits pricing for. The formulas must not include any estimated figures. No change in the price adjustment formulas will be permitted during the contract.

OPS will calculate all monthly price adjustments for months subsequent to contract inception, and prices will become effective at the contract inception date, using the Contractor’s price change formulas and the corresponding month’s USDA Announcement of Advanced Prices and Pricing Factors Mideast Marketing Area, Federal Order No. 33.

3.5 - FIXED PRICE WITH ECONOMIC ADJUSTMENT (NON-MILK ITEMS)

The contract prices for non-milk items 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 a minimum of 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://www.fmmaclev.com/Price_Announcements_Advance.htm

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 - CONTRACT AWARD

The contract will be awarded to the lowest responsive and responsible bidder by location.

5.2 - EVALUATION

Bids will be evaluated in accordance with Article I-15 of the “Instructions to Bidders”. In addition, the State will determine the low lot total for each location by using the following method. The Bidder will submit pricing in the OhioBuys item grid for milk products for the month of January 2026, based on January 2026 USDA Announcement of Advanced Prices and Pricing Factors report. Bidders must attach to the OhioBuys Questionnaire the formula to be used to calculate the following month’s price for each milk item. Attachment One contains theoretical USDA Announcement of Advanced Prices and Pricing Factors Mideast Marketing Area, Federal Order No. 33. The February 2025 through June 2025 data will be used to calculate five additional months of theoretical pricing for the evaluation, February 2026 through June 2026. The State will divide the estimated annual usage by 12, to arrive at an estimated monthly usage. The estimated monthly usage will be multiplied by the monthly price to determine the estimated cost per item for the six month period. The costs per item will be added together and the amount will be multiplied by two to reach an annual low lot total for milk items for each location.

For non-milk items, the Bidder must submit unit pricing. The State will multiply the estimated annual usage by the unit price, to determine estimated annual cost per item. The State will add the total of all milk and non-milk items per location together to arrive at a low lot total for each location. Failure to bid all items for a location may result in the Bidder being deemed as not responsive for that location.

5.3 - DOCUMENTATION

The following should accompany the bid response:

5.3.1 Copy of current valid license issued by the Ohio Department of Agriculture, as specified in section 1.5 of this bid.

5.3.2 Bidder’s Price Change Formula, as specified in section 3.4 of this bid.

If the documentation described in 5.3.1 above does not accompany the bid response, the Bidder will be required to provide the specified documents within five calendar days after notification, to the Office of Procurement Services. Failure to provide the literature within the stated time period may result in the Bidder being deemed as not responsive.

The documentation described in 5.3.2 must accompany the bid response. Failure to submit this information with the bid will deem the Bidder not responsive.

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

5.4 - 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 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 will deem the bidder not responsive.

6 - ATTACHMENT ONE

United States Department of Agriculture (USDA) Announcement of Advanced Prices and Pricing Factors Mideast Marketing Area, Federal Order No. 33