RS900821_MAC037_Revised_Contract.pdf

Index No.: MAC037 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: LAW ENFORCEMENT VEHICLE EQUIPMENT

CONTRACT No.: RS900821 EFFECTIVE DATES: 08/31/20 to 06/30/23

* Renewal through 07/31/25

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No. RS900821 that opened on 07/08/20. 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 twenty-four (24) months months unless the Contracting Agency determines that additional renewal is necessary.

This Requirements Contract is available to all State Agencies, State institutions of higher education and properly registered members of the Cooperative Purchasing Program of the Department of Administrative 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 DAS Web site at the following address:

http://www.ohio.gov/procure

* Indicates renewal of contract for one (1) month, from 07/01/25 through 07/31/25, per Amendment 5, effective 07/01/25.

Signed: __________________________________________________________ Matthew M. Damschroder, Director Date https://procure.ohio.gov/pdf/Instructions_010118.pdf https://procure.ohio.gov/pdf/Standard_t_c_051520.pdf

Eff. Date: 07/01/23

TABLE OF CONTENTS

CLAUSES PAGE NO.

** Special Terms and Conditions 3-6 Amendments to Contract Terms and Conditions 3 Delivery and Acceptance 3 Competitive Selection – Two Phase Award-Quote 3 Descriptive Literature 3 Brand Specific 3 Evaluation 3 Contract Award 3 Authorized Dealer Statement 3 Manufacturer Catalog 3 Pricing and Discounts 3

* Prohibition of the Expenditure of Public Funds for Offshore Services 4 ** Cooperative Purchasing Contract 5 ** Quantity Discount 5 ** Contractor Quarterly Sales Report 5 ** Contractor Revenue Share 6 ** Bid Automobile Liability Checklist 6 ** Specifications 7 ** Background 7 ** Price Schedule – D&R Electronics 8 ** Price Schedule – Havis Products 9 ** Price Schedule – Jotto Public Safety 10 ** Price Schedule – Lund Industries 11 ** Price Schedule – Pro-Gard Products LLC 12 ** Contractor Index 13

* Indicates the addition of the Prohibition of the Expenditure of Public Funds for Offshore Services language, per Amendment 3, effective 07/01/23.

** Indicates repagination of the contract, per Amendment 3, effective 07/01/23.

Eff. Date: 08/31/20

SPECIAL 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 will be delivered to the participating agency within thirty (30) days after receipt of order. 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. Unless otherwise provided in the Contract, acceptance shall be conclusive except as regards to latent defects, fraud, or such gross mistakes as amount to fraud.

COMPETITIVE SELECTION - TWO PHASE AWARD-QUOTE: This solicitation may be awarded to more than one Supplier of the same or similar types of supplies or services at varying prices for delivery within the same geographic area. If the contract is awarded to multiple Suppliers, providing the same supplies or services in the same geographic area, Ordering Agencies shall solicit quotes for the required supplies or services from the Suppliers awarded in that geographic area, prior to ordering.

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.

BRAND SPECIFIC: The product(s) specified in this bid is/are being bid as Brand Specific. That signifies that no alternates will be accepted for award. Bid is in accordance with the Ohio Administrative Code 123:5-1-10(K).

EVALUATION: Bids will be evaluated in accordance with Article I-17 of the “Instructions to Bidders”. Bidders do not need to bid on all manufacturers to be considered responsive.

CONTRACT AWARD: A contract will be awarded to one responsive and responsible bidder per manufacturer brand pursuant to Ohio Administrative Code 123:5-1-10(K). No other manufacturer’s brands will be acceptable. Where two or more bidders offer the same manufacturer, the contract will be awarded to the bidder offering the highest discount.

AUTHORIZED DEALER STATEMENT: Bidders responding to this bid must be an authorized dealer or manufacturer of the products bid. Bidders should submit a letter with their bid response certifying that they are the manufacturer or an authorized dealer of the manufacturer for all products bid. This certification must be on the manufacturer’s letterhead and must be signed by a duly authorized representative of the manufacturer. The Bidder will be required to provide the said certification letter within five (5) calendar days, after notification to do so, to the Office of Procurement Services. Failure to submit the certification letter within the stated time period may result in the Bidder being deemed as not responsive.

MANUFACTURER CATALOG: The percentage discount quoted on the Price Schedule page(s) must be based on the manufacturer’s most recent catalog available at time of bid. All Bidders shall include a copy of the most recent manufacturer’s catalog with their bid, including Suggested Retail Prices. If the manufacturer publishes an official print catalog, the catalog should be submitted with the Bidder’s bid on electronic media (CD, flash drive, USB, etc.) and must be configured in full searchable format. If the manufacturer does not publish an official print catalog, but rather maintains their pricing dynamically on their company website, the link to the manufacturer’s catalog must be provided with the Bidder’s bid.

PRICING AND DISCOUNTS: Discount percentages from catalog pricing will remain firm for the life of the contract. Discounts will be based on the current MSRP pricing in the Manufacturer’s catalog at the time a product quote is requested. The Contractor should provide an expiration date on all quotes provided to an ordering agency.

SPECIAL TERMS AND CONDITIONS (CONT’D)

* PROHIBITION OF THE EXPENDITURE OF PUBLIC FUNDS FOR OFFSHORE SERVICES: 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 the addition of the Prohibition of the Expenditure of Public Funds for Offshore Services language, per Amendment 3, effective 07/01/23.

https://procure.ohio.gov/pdf/EO2022-02D/04-Affirmation%20and%20Disclosure%20Form_3-4-22.pdf

* Page 5

SPECIAL TERMS AND CONDITIONS (CONT’D)

COOPERATIVE PURCHASING CONTRACT: This Contract may be relied upon by Ohio institutions of higher education and Ohio political subdivisions. Ohio political subdivisions include any county, township, municipal corporation, school district, conservancy district, township park district, park district created under Chapter 1545 of the Revised Code, regional transit authority, regional airport authority, regional water and sewer district, port authority or any other political subdivision as described in the Ohio Revised Code. To qualify to use this Contract the political subdivision must be currently enrolled in the State’s Cooperative Purchasing Program.

Purchases made from this Contract by a political subdivision that is not properly registered with the State’s Cooperative Purchasing Program will be a violation of law and may be contrary to the political subdivision’s competitive bidding requirements. If a political subdivision or institution of higher education relies upon this Contract to issue a purchase order or other ordering document, the political subdivision or institution of higher education “steps into the shoes” of the State under this Contract. The political division’s or institution of higher education’s order and this Contract are between the Contractor and the political subdivision or institution of higher education.

The Contractor must look solely to the political subdivision or institution of higher education for performance, including payment. The Contractor agrees to hold the state of Ohio harmless with regard to political subdivisions and institution of higher education’s orders and political subdivision’s and institution of higher education’s performance. DAS may cancel this Contract and may seek remedies if the Contractor fails to honor its obligations under an order from a political subdivision or institution of higher education.

QUANTITY DISCOUNT: If a State of Ohio government agency and/or state political subdivision member of the DAS Cooperative Purchasing Program plans to make a volume purchase using this Contract, the ordering agency may choose to negotiate with the Contractor for a greater catalog discount. These requests will be determined on a case-by-case basis. Offering a greater catalog discount than the Contract provides is not mandatory, and negotiating a greater catalog discount for a purchase does not obligate the Contractor to do so in the future.

CONTRACTOR QUARTERLY SALES REPORT: The Contractor must report the quarterly dollar value (in U.S. dollars and rounded to the nearest whole dollar) of the sales, to include both state agencies and political subdivisions, under this Contract by calendar quarter (e.g. January-March, April-June, July-September and October-December). The dollar value of the sale is the price paid by the Contract user for the products and/or services listed on the purchase order or other encumbering document, as recorded by the Contractor.

The Contractor will receive an email with a User ID and password and must report the quarterly dollar value of sales to the Department of Administrative Services (DAS) via the Internet using the web form at the Ohio DAS Contract Management Contractor Portal, https://cm.ohio.gov/. If no sales occur, the Contractor must show zero. The report must be submitted thirty (30) days following the completion of the reporting period. The Contractor is responsible for emailing the Analyst listed on page one of the contract with any company contact changes.

The Contractor shall also submit a close-out report within one hundred and twenty (120) days after the expiration of this Contract. The Contract expires upon the physical completion of the last outstanding task or delivery order of the Contract. The close-out report must cover all sales not shown in the final quarterly report and reconcile all errors and credits. If the Contractor reported all contract sales and reconciled all errors and credits on the final quarterly report, then the Contractor should show zero “0” sales in the close-out report.

The Contractor must forward the Quarterly Sales Report to one of the following addresses, For same day or overnight deliveries:

Huntington National Bank

ATTN: L-3686

7 Easton Oval Columbus, OH 43219

All other deliveries may be sent to the following address:

Department of Administrative Services L-3686 Columbus, OH 43260-3686

If the Contractor fails to submit sales reports, falsifies reports or fails to submit sales reports in a timely manner, DAS may suspend, terminate or cancel this Contract.

* Indicates repagination of the contract, per Amendment 3, effective 07/01/23.

* Page 6

SPECIAL TERMS AND CONDITIONS (CONT’D)

CONTRACTOR REVENUE SHARE: The Contractor must pay the Department of Administrative Services (DAS) a revenue share of the sales transacted under this contract. The Contractor must remit the revenue share in U.S. dollars within thirty (30) days after the end of the quarterly sales reporting period. The revenue share equals 0.75% of the total quarterly sales reported. Contractors must include the revenue share in their prices. The revenue share is included in the award price(s) and reflected in the total amount charged to ordering agencies which includes both state agencies and political subdivisions using this Contract.

The Contractor must remit any monies due as the result of the close-out report at the time the close-out report is submitted to DAS.

The Contractor must pay the revenue share amount due by check. To ensure the payment is credited properly, the Contractor must identify the check as a “Revenue Share” and include the Ohio Contract Management Remittance Report

The Contractor should make the check payable to: Treasurer, State of Ohio.

Use the following address for same day or overnight deliveries:

Huntington National Bank

ATTN: L-3686

7 Easton Oval Columbus, OH 43219

All other deliveries may be sent to the following address:

Department of Administrative Services L-3686 Columbus, OH 43260-3686

If the full amount of the revenue share is not paid within thirty (30) calendar days after the end of the applicable reporting period, the non-payment constitutes a contract debt to the State. The State may either initiate withholding or setting off payments or employ the remedies available under Ohio law for the non-payment of the revenue share.

If the Contractor fails to pay the revenue share in a timely manner, DAS may suspend, terminate or cancel this Contract.

BID AUTOMOBILE LIABILITY CHECKLIST (Valor Outfitters):

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.

X Goods/Services will be delivered via common carrier.

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

BID AUTOMOBILE LIABILITY CHECKLIST (Parr Public Safety Equipment, Inc. and Statewide Emergency Products):

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.

X 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.

* Page 7

SPECIFICATIONS

BACKGROUND: The purpose of this solicitation is to establish a term contract for multiple brands of law enforcement patrol car equipment by the Ohio Department of Public Safety, Highway Patrol, all state agencies and properly registered public entities throughout the State of Ohio. Deliveries shall be F.O.B. destination to addresses located anywhere within the State, as designated on purchase orders.

The State is seeking items produced by the following manufacturers of law enforcement patrol equipment:

D&R Electronics Havis Products Jotto Public Safety Lund Industries Pro-Gard Products LLC

Bidders shall offer a single discount percentage for the manufacturer listed on the Price Schedule. Bidders are not required to submit a bid for all manufacturers included in this ITB. This discount will be available for any current or future products sold by the manufacturer, based on the manufacturer’s current catalog at the time of order.

* Page 8

PRICE SCHEDULE – D&R ELECTRONICS

Contractor Name: Parr Public Safety Equipment, Inc.

Manufacturer: D&R Electronics

Indicate the percent discount from MSRP from the most current manufacturer's published catalog:

Percent Discount From MSRP: 25.5%

If applicable, website for manufacturer’s catalog: https://dandrelectronics.com

Contains recycled materials – Y/N: N if Yes %. (Will not be part of the evaluation) https://dandrelectronics.com/

* Page 9

PRICE SCHEDULE – HAVIS PRODUCTS

Contractor Name: Statewide Emergency Products

Manufacturer: Havis Products

Percent Discount From MSRP: 40.1%

If applicable, website for manufacturer’s catalog: https://www.havis.com https://www.havis.com/

* Page 10

PRICE SCHEDULE – JOTTO PUBLIC SAFETY

Manufacturer: Jotto Public Safety

Percent Discount From MSRP: 26.5%

If applicable, website for manufacturer’s catalog: https://jottodesk.com OR https://jottopublicsafety.gojotto.com/ https://jottodesk.com/ https://jottopublicsafety.gojotto.com/

* Page 11

PRICE SCHEDULE – LUND INDUSTRIES

Contractor Name: * Valor Outfitters

Manufacturer: Lund Industries

Percent Discount From MSRP: 21.0%

If applicable, website for manufacturer’s catalog: https://lund-industries.com/product-pricing https://lund-industries.com/product-pricing

* Page 12

PRICE SCHEDULE – PRO-GARD PRODUCTS LLC

Manufacturer: Pro-Gard Products LLC

Percent Discount From MSRP: 26.5%

If applicable, website for manufacturer’s catalog: https://www.pro-gard.com https://www.pro-gard.com/

* Page 13

CONTRACTOR INDEX

CONTRACTOR, TERMS, DELIVERY:

0000313910 CONTRACT NO.: RS900821-4

Valor Outfitters 11121 Deerfield Rd., Suite F DELIVERY: 30 ARO Cincinnati, OH 45242 TERMS: Net 30 Days

CONTRACTOR'S CONTACT: Zak Wilson TELEPHONE: (513) 791-0938 Ext. 7 E-MAIL: zak.wilson@valoroutfitters.com

0000006839 CONTRACT NO.: RS900821-2

Parr Public Safety Equipment Inc.

6106 Bausch Rd. DELIVERY: 30 ARO Galloway, OH 43119 TERMS: Net 30 Days

CONTRACTOR'S CONTACT: Tom Parr TELEPHONE: (614) 873-7200

FAX: (614) 873-7205

E-MAIL: tparr@parrpse.com

0000091269 CONTRACT NO.: RS900821-3

Statewide Emergency Products 1108 W Main St. DELIVERY: 30 ARO Van Wert, OH 45891 TERMS: Net 30 Days

CONTRACTOR'S CONTACT: Tom White TELEPHONE: (440) 759-8058

FAX: (866) 832-4430

E-MAIL: tom@statewideford.com mailto:zak.wilson@valoroutfitters.com mailto:tparr@parrpse.com mailto:tom@statewideford.com

Eff. Date: 07/01/25

SUMMARY OF AMENDMENTS

Amendment

Number Effective

Date Description

5 07/01/25 This amendment is issued to notify that the State elects to exercise its option to renew the subject Contract for an additional one (1) month, effective 07/01/25 through 07/31/25.

4 04/07/25 This amendment is issued to advise that this contract will not be renewed beyond the current expiration date of 6/30/25. This contract will be rebid.

3 07/01/23

This amendment is issued to notify that as a result of mutual agreement between the State of Ohio and the Contractors, this contract is renewed for an additional twenty-four (24) months, effective 07/01/23 through 06/30/25. This amendment is also issued to include updated language regarding the Prohibition of the Expenditure of Public Funds for Offshore Services, and to repaginate the contract. All other prices, terms and conditions remain unchanged.

2 06/05/23 This amendment is issued to notify of a contract assignment from Cincinnati Safety Upfitters LLC to Valor Outfitters, effective 06/05/23.

1 03/10/22 This amendment is issued to post the public documents for this contract in OhioBuys, and to add a summary of amendments page.