OT901621_DRC041_Revised_Contract.pdf

Index No.: DRC041

Eff. Date: 07/01/25

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: TRAINED CANINES, HANDLER TRAINING, AND CONSULTATIVE SERVICES

CONTRACT No.: OT901621 EFFECTIVE DATES: 07/24/20 to 06/30/23 Renewal through 06/30/26 *

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No. OT905220 that opened on 05/27/20. 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 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 DAS Web site at the following address:

http://www.ohio.gov/procure

Signed: __________________________________________________________ Kathleen C. Madden, Director Date

* Indicates Contract renewal per amendment, effective 07/01/25.

https://procure.ohio.gov/pdf/Instructions_010118.pdf https://procure.ohio.gov/pdf/Standard%20T_C_052119.pdf

Eff. Date: 07/01/23

TABLE OF CONTENTS

CLAUSES PAGE NO.

Canine Requirements 5

Canine Warranty 5

Consultative Services Requirements 6

Contract Renewal 1

Contractor Index 9

Contractor Qualifications 7

Delivery 3

Equipment 6

Facilities 6

Price Schedule 8

Special Terms and Conditions 3

Specifications 5

* Summary of Amendments 10

Training Requirements 5

Training Warranty 6

Usage Reports 3

* Indicates the addition of the Summary of Amendments page per amendment, effective 07/01/23.

Eff. Date: 07/24/20

Page: 3

SPECIAL CONTRACT TERMS AND CONDITIONS

AMENDMENTS TO CONTRACT TERMS AND CONDITIONS: The following Amendments to the Contract Terms and Conditions do hereby become a part hereof. In the event that an amendment conflicts with the Contract Terms and Conditions, the Amendment will prevail.

DELIVERY AND ACCEPTANCE: Supplies and Services will be delivered/performed as set forth in the Contract and according to a schedule as mutually agreed upon by the Contractor and the Agency. The delivery location will be noted on the purchase order issued by the participating agency. Acceptance (transfer of title) will occur upon the inspection and written confirmation by the ordering agency that the supplies delivered conform to the requirements set forth in the Contract. Payment for services rendered will occur upon the inspection and written confirmation by the ordering agency that the services provided conform to the requirements set forth in the Contract. Unless otherwise provided in the Contract, acceptance/payment shall be conclusive except as regards to latent defects, fraud, or such gross mistakes as amount to fraud.

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 ten (10) calendar days after request/notification by the Office of Procurement Services to do so. Any references, that may appear in the descriptive literature, that may alter the terms and conditions and specifications of the bid (e.g. F.O.B. Shipping Point or Prices Subject to Change), will not be part of any contract and will be disregarded by the state of Ohio. 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.

EVALUATION: Bids will be evaluated in accordance with Article I-17 of the “Instructions to Bidders”. In addition, the State will multiply the unit price by the estimated usage and then add the totals together to determine the low lot total.

CONTRACT AWARD: The contract will be awarded to the lowest responsive and responsible bidder by low lot total. Low lot total will be determined by multiplying the unit cost by the estimated usage listed in the bid and then adding each of the totals together to arrive at a total for all items. Failure to bid all items may result in the bidder being deemed not responsive.

USAGE REPORTS: Every six (6) months the contractor must submit a report (written or on disk) indicating sales generated by this contract. The report shall list usage by customer, by line item, showing the quantities/dollars generated by this contract. The report shall be forwarded to the Office of Procurement Services, 4200 Surface Road, Columbus, OH 43228- 1395, Attn: OT905220 Analyst or emailed to the Contract Analyst as found at https://procure.ohio.gov .

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 increase their price(s) to be effective thirty (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 increase 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 the “Suspension/Termination” and the “Contract Remedies” sections of the “Standard Contract Terms and Conditions”.

Eff. Date: 07/01/23

Page: 4

SPECIAL CONTRACT TERMS AND CONDITIONS (CONT’D)

BIDDERS MUST COMPLETE THE FOLLOWING: Failure to complete the following may deem your bid not responsive.

BIDDER COST ALLOCATION CATEGORIES (CANINE)

As a baseline for evaluation of price adjustment requests for this Contract, Bidders shall indicate the percentage of total costs for the following cost elements. The sum of all percentages must equal one hundred percent. Bidders may add additional cost categories if appropriate.

Cost of Materials Labor Cost Utilities Transportation Other Overhead

50% 30% 5% 5% 5% 5%

BIDDER COST ALLOCATION CATEGORIES (TRAINING)

As a baseline for evaluation of price adjustment requests for this Contract, Bidders shall indicate the percentage of total costs for the following cost elements. The sum of all percentages must equal one hundred percent. Bidders may add additional cost categories if appropriate.

Cost of Materials Labor Cost Utilities Transportation Other Overhead

5% 75% 5% 5% 5% 5%

BID AUTOMOBILE LIABILITY CHECKLIST:

Contractor will indicate, by checking the appropriate box(es) below, which mode of transportation will apply to this contract.

Bidder/Broker (“The Contractor”) or their Sub Contractor will make delivery or be performing services using a vehicle that is owned, leased or rented. Provide Certificate of Insurance documenting automobile liability with a Combined Single Limit of $500,000.00.

Goods/Services will be delivered via common carrier.

No employee or representative of the contractor will have cause to be on state property to make deliveries or to perform services.

DISCLOSURE OF SUBCONTRACTORS / JOINT VENTURES:

List names of subcontractors who will be performing work under the Contract.

By the signature affixed to Page 1 of this Bid, Bidder hereby certifies that the above information is true and accurate. The Bidder agrees that no changes will be made to this list of subcontractors or locations where work will be performed or data will be stored without prior written approval of DAS. Any attempt by the Bidder/Contractor to change or otherwise alter subcontractors or locations where work will be performed or locations where data will be stored, without prior written approval of DAS, will be deemed as a default. If a default should occur, DAS will seek all legal remedies as set forth in the Terms and Conditions which may include immediate cancellation of the Contract. Failure to complete this page may deem your bid not responsive.

* PROHIBITION OF THE EXPENDITURE OF PUBLIC FUNDS FOR OFFSHORE SERVICES. Section II.J. of the Standard Terms and Conditions is replaced by the following:

No State Cabinet Agency, Board or Commission will enter into any contract to purchase services provided outside of the United States or that allows State data to be sent, taken, accessed, tested, maintained, backed-up, stored, or made available remotely outside (located) of the United States, unless a duly signed waiver from the State has been attained. Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid for services the Contractor performs outside of the United States for which it did not receive a waiver. The State does not waive any other rights and remedies provided to the State in the Contract.

Further, no State agency, board, commission, State educational institution, or pension fund will make any purchase from or investment in any Russian institution or company. Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid to Contractor for purchases or investments in a Russian institution or company in violation of this paragraph. The provisions of this paragraph will expire when the applicable Executive Order is no longer effective.

The Contractor must complete the Contractor/Subcontractor Affirmation and Disclosure Form affirming the Contractor understands and will meet the requirements of the above prohibition. During the performance of this Contract, if the Contractor changes the location(s) disclosed on the Affirmation and Disclosure Form, Contractor must complete and submit a revised Affirmation and Disclosure Form reflecting such changes.

* Indicates changes to the Standard Terms and Conditions, per amendment, effective 07/01/23.

Page: 5

SPECIFICATIONS

I. SCOPE: The purpose of this bid is to establish a contract to supply single purpose and single purpose plus human tracking trained canines, to train identified staff as canine handlers, and to provide consultative services as requested.

II. BACKGROUND: The Ohio Department of Rehabilitation and Correction (ODRC) oversees the supervision of approximately 49,000 offenders. To help ensure the safety and well-being of offenders and staff, ODRC has integrated canines for drug detection and human tracking purposes into their operations. ODRC administration has mandated that each of the State of Ohio’s twenty-five (25) correctional facilities shall deploy a trained canine/handler team for the detection of controlled substances with some additionally trained in tracking humans. ODRC currently has five (5) operational canine/handler teams. This acquisition will serve to continue the development of this initiative.

III. CANINE REQUIREMENTS: Each canine supplied shall be an imported German Shorthaired Pointer (GSP) and each shall be a healthy, well cared for animal free of defect, disease, and injury. The canine shall be one (1) to two (2) years of age and may be either male or female. The Contractor shall offer ODRC a selection of at least three (3) canines per handler, prescreened by the Contractor, that are expected to adapt and perform well within the correctional institution environment.

A. BREED: The GSP has been selected due to the characteristics of the breed which ODRC has determined are fitting for both the environment and the desired purpose. Each canine shall be representative of the GSP breed in all physical and personality traits as defined by the American Kennel Club (AKC) official breed standards.

B. DEMEANOR: The specific canines offered for this contract shall be those individually deemed amenable to the rigorous training required. They are to be non-aggressive, of stable temperament, able to bond with the handler, and to be tolerant of the handler’s family and strangers. The canine shall be “without indication of nervous or flighty character.” (per AKC GSP temperament standards)

C. HEALTH: Canines shall be healthy animals with documented veterinarian care to include proper vaccinations and shall remain current on all required/recommended veterinarian care until released to ODRC. Upon release to ODRC, the Contractor shall provide complete vaccination and medical records to include a complete health history. All canines shall have a registerable microchip implanted and that registration data shall be released to ODRC with the dog. While each canine may be spayed/neutered per industry standards, ODRC will accept intact animals as well.

D. PEDIGREE: A pedigree showing that the canine is of direct European decent shall be provided for each canine purchased. All required import/customs documentation regarding the importation of the animal shall be available.

European lineage is required for the representative instincts, drive, and skill set required of these working dogs.

E. WARRANTY: The canine will be guaranteed against any congenital abnormalities. If the canine is found to have any physical abnormalities, it shall be replaced with another canine at no cost to ODRC. If the canine demonstrates social or psychological problems within one (1) year of deployment the Contractor shall attempt remedial training. If retraining fails, the Contractor warrants that ODRC may exchange canines at no additional cost to ODRC.

IV. TRAINING REQUIREMENTS: Bids for training either single purpose or single purpose plus human tracking canines shall include all costs associated with the pre-training of a “green” dog, training of the ODRC handler, lodging of the ODRC handler during training on the Contractor’s premises, all training materials, aides, and equipment required prior to the canine’s release to ODRC.

A. SINGLE PURPOSE: Single purpose training shall include the training of canine/handler teams in the detection of controlled substances. Controlled substances, often referred to as narcotics, shall include cocaine, heroin, marijuana, methamphetamines, suboxone, K2, and their derivative forms.

B. SINGLE PURPOSE WITH HUMAN TRACKING: Single purpose with human tracking training shall include the training of canine/handler teams in the detection of controlled substances (as listed in SINGLE PURPOSE clause above) plus the training of these teams in human tracking. Human tracking shall include the tracking of human scent from a scent article (ie. clothing) and following the path of the individual being tracked, leading the handler to the subject of the search.

Page: 6

SPECIFICATIONS (CONT’D)

C. GENERAL: General handler training shall be provided to handler for the routine care and grooming of the canine plus canine first aid. First aid training shall include the treatment and prevention of heat exhaustion/heat stroke, the emergency treatment of accidental drug ingestion, bloat, and the recognition/triage of other common injuries or ailments.

D. STANDARDS: Canine/handler teams trained as single purpose or single purpose plus human tracking shall demonstrate consistent success in the area(s) for which they are trained before acceptance by ODRC. Success shall be measured by achieving certification by the Ohio Peace Officer Training Academy (OPOTA) and the North American Police Working Dog Association (NAPWDA).

E. DURATION: The canine/handler training for single purpose canines shall not exceed five (5) weeks. Single purpose plus human tracking training may extend the maximum schedule of training to six (6) weeks.

F. EQUIPMENT: All equipment needed during the training by the canine and handler will be supplied by the Contractor.

This equipment will become the property of the ODRC upon completion of the training. This equipment will be of high quality and should include, but will not be limited to, a size-appropriate Vari Kennel® (or equal), choker collars, collars, leather leads (standard and waist), and other miscellaneous handling/grooming equipment utilized during the training. Equipment for canines trained for single purpose plus human tracking shall also include long tracking leads and a tracking harness. Additionally, the animal shall be released to ODRC with a one (1) month supply of the dog’s food as used during training.

G. FACILITIES: The Contractor shall have established facilities located within Ohio or one (1) of the five (5) contiguous states. ODRC reserves the right for final approval of the Bidder’s facility before award of any contract pursuant to this solicitation. ODRC shall be allowed reasonable access to inspect and assess the facilities’ adequacy. These facilities shall be owned and operated by the Contractor and shall include the following:

i. Kennels: Kennels shall be weatherproof, temperature controlled, secure, well maintained, and safe spaces for the housing of the canines during training. These kennels shall be constructed for the purpose of housing and caring for canines and shall be of sufficient size as appropriate for the GSP breed.

ii. Lodging: Lodging for the handler trainee(s) shall be on the same site as the kennels. At a minimum, the lodging shall afford comfortable accommodations for the trainee(s) in which to stay overnight during training. At a minimum these accommodations shall include semi-private sleeping quarters plus laundry and kitchen facilities.

iii. Training: Training facilities shall allow for hands-on, varied scenarios simulating real world environments.

H. WARRANTY: The Contractor will include the following training warranties.

i. Training replacement warranty: The Contractor warrants that ODRC may exchange canines during the canine/handler training if the animal fails to perform to standard at no additional cost to ODRC.

ii. Performance replacement warranty: If the canine fails to execute as trained after deployment the Contractor shall attempt remedial training. If retraining fails, the Contractor warrants that ODRC may exchange canines at no additional cost to ODRC.

V. CONSULTATIVE SERVICES REQUIREMENTS: The price for consultative services shall be an hourly rate for subject matter expert testimony with regard to the training, use, and deployment of canines as necessary in criminal and civil proceedings in federal, state, and municipal judicial systems. The use of these services shall be as determined by the needs of ODRC. Note that the Contractor shall identify a reasonably available point of contact for general follow-up and troubleshooting inquiries after release and deployment. These general inquiries are to be considered a good faith extension of the training and shall not be billable as Consultative Services.

Page: 7

SPECIFICATIONS (CONT’D)

VI. APPLICABLE DOCUMENTS:

A. AKC official standards for the GSP found at https://www.akc.org/

B. NAPWDA certification and test standards found at http://www.napwda.com/

C. OPOTA certification and test standards found at https://www.ohioattorneygeneral.gov/Law-Enforcement/Ohio-Peace- Officer-Training-Academy

D. United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) animal welfare standards found at https://www.aphis.usda.gov/aphis/ourfocus/animalwelfare

VII. CONTRACTOR QUALIFICATIONS: Contractors shall be experienced, qualified, and equipped in the field of canine procurement and training as it relates to this solicitation. Bidders shall identify the areas in which they are currently qualified as listed below. Bids that do not include this information may be deemed non-responsive.

BIDDER CONFIRMATIONS

Qualification Requirement Requirement

Satisfied Additional Details

Experience Yes/No? Additional information

Minimum of five (5) years experience in the acquisition and training of GSP canines YES

Minimum of five (5) years experience importing GSP canines from Europe YES

Minimum of five (5) years experience training canines/handlers for correctional use YES

Established relationship with a licensed Veterinarian near training facilities YES

(note: references may be requested)

Certifications Additional information

OPOTA: able to certify canine/handler teams to OPOTA standards YES OPTA Approved Training Site NAPWDA: able to certify canine/handler teams to NAPWDA standards YES Master Trainer on Staff

Facilities Additional information

Kennels: weatherproof, temperature controlled, secure, well maintained, and safe YES

Lodging: located on the same site as kennels YES

Lodging: comfortable, semi-private sleeping quarters plus laundry and kitchen YES

Training: adequate for hands-on, varied scenarios simulating real world environments YES

Licenses and Permits License number and description

Licensed to possess and handle Schedule I and Schedule II Controlled Substances YES RB0328206 DEA Schedule 1, 2, 2N

Licensed by USDA APHIS to import canines -

Licensing by USDA APHIS has been determined to be nonexistent and therefore unattainable. USDA APHIS import documentation (permits) are included in specification section III. D. Pedigree

Page: 8

PRICE SCHEDULE

OAKS

Item

Number Description

Unit of Measure (UoM)

Price per UoM

($USD)

38352 German Short-Haired Pointer Each $9,200.00 *

38353 Single Purpose Canine & Handler Training Each $4,500.00

38354 Single Purpose Plus Human Tracking Canine & Handler

Training Each $5,500.00

38355 Consultative Services (as needed) Hour $112.00

* Indicates changes to contract prices per amendment, effective 07/01/25.

Page: 9

CONTRACTOR INDEX

CONTRACTOR AND TERMS: BID CONTRACT NO.: OT901621

0000177214 Shallow Creek Kennels, Inc. DELIVERY: as coordinated by the purchasing entity 6572 Seneca Road Sharpsville, PA 16150 TERMS: Net 30 Days

Veteran-Friendly Business Enterprise (VBE)

CONTRACTOR'S CONTACT:

Ms. Lisa Brannon Telephone: 724-646-1895

FAX: 724-646-1895

E-Mail: shallowcreekk9@gmail.com

Page: 10

SUMMARY OF AMENDMENTS

Amendment Number

Effective Date

Description

2 07/01/25

This Amendment is issued to notify that as a result of mutual agreement between the State of Ohio and the Contractor this contract is renewed for an additional 12 months, effective 07/01/25 through 06/30/26.

This amendment also updates the contract prices effective with all orders issued on or after 07/01/25.

All other prices, terms, and conditions remain unchanged.

1 07/01/23

This Amendment is issued to notify that as a result of mutual agreement between the State of Ohio and the Contractor this contract is renewed for an additional twenty-four

(24) months, effective 07/01/23 through 06/30/25.

This amendment also updates the contract prices effective with all orders issued on or after 07/01/23.

Additionally, this amendment updates the Prohibition of the expenditure of Public Funds for Offshore Services to satisfy Executive Order 2022-02D.

All other prices, terms, and conditions remain unchanged.