RSI007733_GDC010_CONTRACT.pdf

STATE OF OHIO

DEPARTMENT OF ADMINISTRATIVE SERVICES

GENERAL SERVICES DIVISION

OFFICE OF PROCUREMENT SERVICES

4200 SURFACE ROAD, COLUMBUS, OH 43228-1395

MANDATORY USE CONTRACT FOR: AGRICULTURAL SEEDS

CONTRACT No.: RSI007733

CONTRACT ID: 7733

EFFECTIVE DATES: 01/20/2023 to 01/31/2026

SUPPLIER: PHEASANTS FOREVER, INC.

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No. SRC0000002748. 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 01/31/2028 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 Ohio|Buys public portal at the following address:

https://supplier-emarketplace.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

Signed: _____________________________________________________________________

Kathleen C. Madden, Director Date

1. SPECIFICATIONS AND REQUIREMENTS

1.1. SCOPE: These specifications cover grass seed, wildflower, prairie agricultural, and grass seed mixtures used to sow fields, lawns and other large areas requiring ground cover. This contract is available to all participating agencies listed herein.

1.2. GENERAL REQUIREMENTS:

1.2.1. Categories: The bid consist of four (4) different product categories and one (1) catalog discount section. See the listing in the table below.

Category Number Seed Groups Category 1 Conservation Seeds Category 2 Conservation Seed Blends Category 3 Agriculture Seeds (NOT AWARDED) Category 4 Agriculture Seed Blends

1.2.2. Product Management:

1.2.2.1. Product Information

A. Contractor shall provide ODNR with updates on new and improved products as they become available.

B. Contractor shall provide ODNR with updates on regulatory and labeling requirements as they occur.

This includes, but is not limited to, chemical suppliers, industry standards, EPA, FDA, and other governing bodies.

1.2.2.1. Additional Products: New or reformulated products may be required as determined by ODNR.

A. Items identified may be added, by amendment, and shall become part of this Contract under the same Terms and Conditions.

B. Pricing for such items subject to percent off catalog or advertised list price as appears on bid price page.

1.2.3. Product Type: Manufacturers’ names, trade names, brand names or catalog numbers are used only for description and to establish a market reference of the acceptable quality sought by the state. Determination will be made at the sole discretion of the State of Ohio DAS.

1.2.4. Workmanship: All the seeds offered shall meet or exceed given specifications and shall be clean, uniform and free from any defects which may impair their utility. All products herein shall conform to current acceptable industry standards and be of highest quality. Products shall be manufactured and handled in accordance with good, generally accepted industry practices. All material offered as a result of a contract award shall meet the requirements as set forth by the State of Ohio Laws and Rules. See contract Section 1.2.10. and 1.2.11. for more details.

None of the above-described products are to be taken from reclaimed, re-refined, recycled, used, or otherwise not new seed and seed mixtures. All components, elements, and ingredients of these items must be newly derived from their natural resources and must have been produced within one (1) year of their day of shipment to the agency.

1.2.5. Data Sheets: "Material Safety Data Sheets" shall be sent at the time of the shipment, and/or upon request by the buyer, by the contractor, with all initial shipments going to various destinations as ordered after the award of the contract. For all items awarded that are in ready to ship in package form, approved MDS and labels will be provided as required or as requested.

1.2.6. Packaging and Handling: The handling, packaging, labeling, recording, and registration of all seed materials shall comply with all applicable federal, state, and local laws and regulations. The product(s) shall be in containers to assure carrier acceptance and safe arrival. Containers shall be in compliance with Uniform Freight Classification or National Motor Freight Classification and/or Department of Transportation, as applicable.

1.2.7. Product Handling (Leakage/Spillage): All products purchased in any type of container shall conform to industry standards and must be leak proof. If upon delivery, the product package is leaking material, the contractor has responsibility to address any spills and if necessary, replace product content and package.

1.2.8. Marking: In addition to any special marking required by the contract or purchase order, interior packages and shipping containers shall be marked in accordance with governing authorities' rules and regulations. All products requiring precautionary measures shall be so marked as required by law and/or shipping regulations. All packages shall be marked to indicate either the expiration date or the date of manufacture unless product has no expiration. If date coded, the Contractor shall provide institution contact with the appropriate code key(s) for all products as necessary.

1.2.9. All Seeds Requirements:

1.2.9.1. All seeds offered as a result of a contract award must meet the Ohio Seed Law requirements and the latest revisions.

1.2.9.2. Weed seeds shall pertain to those as defined by type listed in Ohio Department of Agriculture Regulation 901:5-31-1 and 901:5-37-01, latest revision.

1.2.9.3. All seeds must be from last available crop with the proper inoculants. Qualities must be furnished with each seed.

1.2.9.4. Noxious weeds must be indicated and rejected as per Ohio Seed Law and these specifications.

1.2.9.5. Seeds provided on this contract shall not be treated with neonicotinoid pesticides.

1.2.10. Labelling: The labelling must be of a type standard in the industry. Buyer may request woven fabric packaging versus plastic or paper, terms to be negotiated at the time the purchase order is submitted. Labels must be of a type and contain information as required by Ohio Seed Law Section 907.03. The label on each package shall show the following, as a minimum:

1.2.10.1. The name and address of the manufacturer.

1.2.10.2. The name of the product, including brand name, if any. If it is a blended or mixed composition, each seed item and its percent of composition should be noted.

1.2.10.3. Label shall state that product contains active organisms, if applicable.

1.2.10.4. EPA Registration Number and Establishment Number, if any.

1.2.10.5. Any warning statement, as may be applicable to the product, concerning skin irritancy, toxicity, or potential hazard and immediate first aid treatment in case of accident, as required by EPA.

1.2.10.6. Net contents, in U.S. pounds dry measure

1.2.10.7. Batch number, as applicable.

1.2.10.8. Expiration date, as applicable

1.2.11. General Quality Verification through Inspection and Test Procedures:

1.2.11.1. The state reserves the right to check the delivery of any bulk product on the nearest certified weighing scale.

1.2.11.2. Samples may be taken at any time from deliveries made during the contract period and tested for compliance to the specifications.

1.2.11.3. Sampling and testing are to be done in accordance with procedures from the Ohio Department of Agriculture (ODA), the Ohio Department of Natural Resources (ODNR), the Ohio Department of Transportation (ODOT), Ohio Department of Rehabilitation and Correction (ODRC) and any other DAS Cooperative buyer.

1.2.11.4. Upon request, the seeds ordered by the state agencies and local government, must be furnished and/or delivered in separate 4-ounce containers by variety and lot number with the lot number clearly indicated on the container. The seed is to be delivered to the agency requested test location.

A. An agency or local government, institution will draw a four (4) ounce sample of every lot of seeds to be tested. Seeds will be analyzed by the Ohio Department of Agriculture, Division of Plant Industry, Seed Testing Laboratory when purchased by ODNR, ODOT, ODRC or any other state agency or representative. The required analysis will be completed before the seeds are sown by the purchaser. It will be the full responsibility of the contractor to notify the ODNR. ODOT, ODRC or any other representative of seed to be sampled and for the required analysis.

B. A minimum period of thirty (30) days should be allowed for a complete analysis of seeds. No seed will be accepted with a date of test exceeding nine (9) months prior to the date of sowing. ODNR, ODOT and ODRC or any other agency or buyer will assume no responsibility for delay occasioned by the failure of the contractor to provide a timely response to the request for such sampling and testing. The testing is conducted to confirm compliance with Ohio Seed Law and the latest revisions thereof. Pure Live Seed (PLS) is one test that will be conducted. Pure live seed (PLS) is a measure used by the seed industry to describe the percentage of a quantity of seed that will germinate.

Pure Live Seed (PLS) is computed by multiplying purity by germination or germination plus hard seed and dividing by one hundred (100). If either purity or germination is less than the stated standards, the remaining factor must be higher than the stated standards so that the PLS shall be greater than or equal to the stated minimum.

Pure Live Seed (PLS)=Purity X (Germination (Germination+ Hard Seed))/100

Example: If Purity is 50% and germ is 50% with a need to plant 10 pounds per acre, you will need to order 30 pounds/acre to meet your requirements.

1.2.11.5. If the product does not meet specifications or fails testing, the contractor will be responsible for testing costs and costs associated with product replacement.

1.2.12. Licensing Requirements: All vendors must be licensed to manufacture and distribute seeds in the State of Ohio. All bidders/contractors must have a current license, from the Ohio Department of Agriculture, to sell seeds. A copy of the seed license must be provided with the Bid. If the vendor does not own a license and plan to purchase directly from a licensed seed supplier(s), a list of all suppliers must be submitted with the Bid. Failure to provide license or a list of licensed suppliers as specified may result in the Bidder being deemed as non-responsive and the Bid response may be immediately disqualified with no further consideration given for potential awarding of the Contract.

The Contractor must maintain all license requirements throughout the term of this contract and any renewals. If Contractor is purchasing directly from a licensed supplier, then the Contractor must ensure that their supplier(s) license(s) are current. At the request of a State Agency, a copy shall be provided within five (5) calendar days. Failure to maintain and provide copies of license(s) when requested may result in cancellation of the Contract.

Applicable Background Documents for Regulatory Compliance:

1.2.12.1. Ohio Seed Law, Revised Code Sections 907.01 through 907.17 and Section 907.99, latest revision.

1.2.12.2. Ohio Dept. of Agriculture Regulation 901:5-31-01, “Prohibited and Secondary Noxious Weed Lists,” latest revision.

1.2.12.3. Ohio Dept. of Agriculture Regulation 901:5-37-01, “Prohibited Noxious Weeds”, latest revision.

1.3. SPECIFIC REQUIREMENTS

1.3.1. Category 1 Requirements: Category 1 seeds are individual seeds or mix fillers.

Category 1 Conservation Seeds:

Item Description Common Name SCIENTIFIC NAME PURE LIVE SEED (PLS)

(POUNDS PER ACRE)

Conservation Seed Smartweed Persicaria pensylvanica

Mix Filler Rice Hulls 1

1.3.2. Category 2 and Category 4 Requirements: Category 2 and Category 4 include Mixed Blend Seeds. These mixed blend seeds have specific seed requirements that consist of individual seed ingredients to produce a specific seed blend. All bid offers must consider the seed item description, which includes multiple types of seeds and their Pure Live Seed (PLS) weight, which contributes to the finished seed blend, the actual product that is being requested.

Category 2 Conservation Seed Blends:

ITEM ITEM DESCRIPTION SCIENTIFIC NAME PURE LIVE SEED (PLS)

(POUNDS PER ACRE)

OH Critical Area Orchard Grass Dactylis glomeriaia 22.5

Rye Grass, annual Lolium multiflorumlam 1.5

Rye Grass, perennial Lolium perenne 19

Kentucky Bluegrass Poa pratensis 11

Susan, Black-eyed Rudbeckia hirta 0.25

Clover, Crimson Trifolium incarnatum 3.75

OH Critical Area: Finished Product (6 Part Blend) 58

OH Firebreak Alfalfa (VNS) Medicago spp 2

Clover, Alsike Trifolium hybridum 0.5

Clover, Crimson Trifolium incarnatum 3

Clover, Ladino Trifolium repens 1

OH Firebreak: Final Product (4 Part Blend) 6.5

OH Annual Partridge Pea Chamaecrista fasciculata 0.6

Coreopsis, Plains Coreopsis tinctoria 0.2

Cosmos (Tall mixed) Cosmos bipinnatus 0.3

Indian Blanket Gaillardia pulchella 0.25

Susan, Black-eyed Rudbeckia hirta 0.2

OH Annual: Final Product (5 PART BLEND) 1.55

ITEM ITEM DESCRIPTION SCIENTIFIC NAME PURE LIVE SEED (PLS)

(POUNDS PER ACRE)

OH IVM Bluestem, Big (VNS) Andropogon gerardii 0.4

Milkweed, Common Asclepias syriaca 0.05

Milkweed, Swamp (Marsh) Asclepias incarnata 0.05

Sideoats grama (local, vns) Bouteloua curtipendula 0.5

Partridge Pea Chamaecrista fasciculata 0.75

Coreopsis, Lanceleaf (sand) Coreopsis lanceolata 0.4

Coreopsis, Plains Coreopsis tinctoria 0.1 Illinois Bundleflower (Prairie

Mimosa) Desmanthus illinoensis 0.75

Coneflower, Purple Echinacea purpurea 0.25

Sunflower, False (Oxeye) Heliopsis helianthoides 0.2 Bergamot, Wild (Prairie

Beebalm) Monarda fistulosa 0.04

Evening primrose, Common Oenothera biennis 0.1

Goldenrod, Stiff (Rigid) Oligoneuron rigidum 0.03

Switchgrass (Blackwell) Panicum virgatum 0.25 Beardtongue, Foxglove (Smooth penstemon) Penstemon digitalis 0.05

Mint, Narrowleaf Mountain (Slender)

Pycnanthemum tenuifolium 0.015

Coneflower, Grayheaded (Yellow) Ratibida pinnata 0.1

Susan, Black-eyed Rudbeckia hirta 0.1

Susan, Brown-eyed Rudbeckia triloba 0.07

Bluestem, Little (VNS) Schizachyrium scoparium 1

Cup Plant Silphium perfoliatum 0.04

Indiangrass (local or vns) Sorghastrum nutans 0.15

Aster, Smooth Blue Symphyotrichum laeve 0.015

Aster, New England Symphyotrichum novae-angliae 0.04

Clover, Alsike Trifolium hybridum 0.1

Clover, Crimson Trifolium incarnatum 0.4

Clover, Ladino Trifolium repens 0.1

Vervain, Hoary Verbena stricta 0.05

Culver's Root Veronicastrum virginicum 0.004

Alexander, Golden Zizia aurea 0.15

OH IVM: Final Product (31 PART BLEND) 6.254

(POUNDS PER ACRE)

OH Pollinator no grass Yarrow Achillea millefolium 0.05

Milkweed, Common Asclepias syriaca 0.05

Milkweed, Swamp (Marsh) Asclepias incarnata 0.05

Partridge Pea Chamaecrista fasciculata 1

Coreopsis, Lanceleaf (sand) Coreopsis lanceolata 0.25

Coreopsis, Plains Coreopsis tinctoria 0.15 Illinois Bundleflower (Prairie

Mimosa) Desmanthus illinoensis 1

Coneflower, Purple Echinacea purpurea 0.4

Sunflower, False (Oxeye) Heliopsis helianthoides 0.2

Lobelia, great blue Lobelia siphilitica 0.004

Alfalfa (VNS) Medicago spp 0.2

Bergamot, Wild (Prairie Beebalm) Monarda fistulosa 0.05

Evening primrose, Common Oenothera biennis 0.1

Goldenrod, Stiff (Rigid) Oligoneuron rigidum 0.03 Beardtongue, Foxglove (Smooth penstemon) Penstemon digitalis 0.05

Mint, Narrowleaf Mountain (Slender) Pycnanthemum tenuifolium 0.015

Mint, Mountain (Common) Pycnanthemum virginianum 0.006

Coneflower, Prairie (Long-headed) Ratibida columnifera 0.25

Coneflower, Grayheaded (Yellow) Ratibida pinnata 0.1

Susan, Black-eyed Rudbeckia hirta 0.2

Susan, Brown-eyed Rudbeckia triloba 0.08

Goldenrod, Gray (Field Solidago nemoralis 0.005

Aster, Smooth Blue Symphyotrichum laeve 0.025

Aster, New England Symphyotrichum novae-angliae 0.02

Aster, Frost (hairy white oldfield) Symphyotrichum pilosum 0.01

Clover, Alsike Trifolium hybridum 0.06

Clover, Crimson Trifolium incarnatum 0.4

Clover, Ladino Trifolium repens 0.1

Vervain, Hoary Verbena stricta 0.05

Wingstem, Yellow Verbesina alternifolia 0.015

Culver's Root Veronicastrum virginicum 0.004

OH Pollinator no grass: Final Product (31 PART BLEND) 4.924

(POUNDS PER ACRE)

OH Pollinator with grass Yarrow Achillea millefolium 0.05

Bentgrass, Auturmn (Upland) Agrostis perennans 0.008 Milkweed, Common Asclepias syriaca 0.05

Milkweed, Swamp (Marsh) Asclepias incarnata 0.05

Sideoats grama (local, vns) Bouteloua curtipendula 0.5 Partridge Pea Chamaecrista fasciculata 1

Coreopsis, Lanceleaf (sand) Coreopsis lanceolata 0.25 Coreopsis, Plains Coreopsis tinctoria 0.1

Illinois Bundleflower (Prairie Mimosa) Desmanthus illinoensis 1 Coneflower, Purple Echinacea purpurea 0.4 Fowl manna grass Glyceria striata 0.01

Sunflower, False (Oxeye) Heliopsis helianthoides 0.2 Lobelia, great blue Lobelia siphilitica 0.004

Alfalfa (VNS) Medicago spp 0.2 Bergamot, Wild (Prairie Beebalm) Monarda fistulosa 0.05

Evening primrose, Common Oenothera biennis 0.1

Goldenrod, Stiff (Rigid) Oligoneuron rigidum 0.03

Switchgrass (Blackwell) Panicum virgatum 0.02 Beardtongue, Foxglove (Smooth penstemon) Penstemon digitalis 0.05

Mint, Narrowleaf Mountain (Slender) Pycnanthemum tenuifolium 0.015

Mint, Mountain (Common) Pycnanthemum virginianum 0.006

Coneflower, Prairie (Long-headed) Ratibida columnifera 0.1

Coneflower, Grayheaded (Yellow) Ratibida pinnata 0.1

Susan, Black-eyed Rudbeckia hirta 0.113

Susan, Brown-eyed Rudbeckia triloba 0.08

Bluestem Little (Camper) Schizachyrium scoparium 0.75

Goldenrod, Gray (Field) Solidago nemoralis 0.005

Dropseed, Prairie Sporobolus heterolepis 0.04

Aster, Smooth Blue Symphyotrichum laeve 0.025

Aster, New England Symphyotrichum novae-angliae 0.02

Aster, Frost (hairy white oldfield) Symphyotrichum pilosum 0.01 Purple Top Tridens Tridens flavus 0.1

Clover, Alsike Trifolium hybridum 0.06

Clover, Crimson Trifolium incarnatum 0.4

Clover, Ladino Trifolium repens 0.1

Vervain, Hoary Verbena stricta 0.05

Wingstem, Yellow Verbesina alternifolia 0.015

Culver's Root Veronicastrum virginicum 0.004

OH Pollinator with grass: Final Product (38 PART BLEND) 6.065

(POUNDS PER ACRE)

OH ODOW CO-OP Farming Standard Drill/Aerial Partridge Pea Chamaecrista fasciculata 0.75

Coreopsis, Plains Coreopsis tinctoria 0.125 Illinois Bundleflower (Prairie

Mimosa) Desmanthus illinoensis 0.75

Fowl manna grass Glyceria striata 0.03

Seedbox Ludwigia alternifolia 0.005

Alfalfa (VNS) Medicago spp 0.5

Monkeyflower, allegheny Mimulus ringens 0.003 Bergamot, Wild (Prairie

Beebalm) Monarda fistulosa 0.04

Switchgrass (Blackwell) Panicum virgatum 0.25

Susan, Black-eyed Rudbeckia hirta 0.125

Dropseed, Tall Composite Sporobolus compositus 0.1

Dropseed, Sand Sporobolus cryptandrus 0.05

Clover, Alsike Trifolium hybridum 0.2

Clover, Crimson Trifolium incarnatum 0.75

Clover, Ladino Trifolium repens 0.25 OH ODOW CO-OP Farming Standard Drill/Aerial:

Final Product (15 PART BLEND) 3.928

OH ODOW CO-OP Farming Millet Addition Millet, Japanese Echinochloa esculenta 3

Millet, Proso Panicum miliaceum 2 OH ODOW CO-OP Farming Millet Addition: Final

Product (2 PART BLEND) 5

OH ODOW Mesic - Dry Grass Mix Bentgrass, Auturmn (Upland) Agrostis perennans 0.02

Sideoats grama (local, vns) Bouteloua curtipendula 0.4

Blue Joint grass Calamagrostis canadensis 0.01

Sedge, Fox Carex vulpinoidea 0.075

Fowl manna grass Glyceria striata 0.03

Junegrass, Prairie Koeleria macrantha 0.03

Switchgrass (Blackwell) Panicum virgatum 0.25

Bluestem, Little (VNS) Schizachyrium scoparium 0.5

Dropseed, Tall Composite Sporobolus compositus 0.1

Dropseed, Sand Sporobolus cryptandrus 0.05

Purple Top Tridens Tridens flavus 0.2 OH ODOW Mesic - Dry Grass Mix: Final Product

(11 PART BLEND) 1.665

(POUNDS PER ACRE)

OH ODOW Wet - Mesic Grass Mix

Bentgrass, Auturmn (Upland) Agrostis perennans 0.02

Bluestem, Big (VNS) Andropogon gerardii 0.5 Sedge, Fox Carex vulpinoidea 0.15

Wildrye, Virginia (cool season) Elymus virginicus 1.25

Fowl manna grass Glyceria striata 0.09 Switchgrass (Blackwell) Panicum virgatum 0.25

Woolgrass Scirpus cyperinus 0.005 OH ODOW Wet - Mesic Grass Mix: Final Product

(7 PART BLEND) 2.265

OH ODOW Milestone Tolerant Forb Mix Coreopsis, Plains Coreopsis tinctoria 0.2

Blanketflower Gaillardia aristata 0.4 Indian blanket Gaillardia pulchella 0.4

Bergamot, Wild (Prairie Beebalm) Monarda fistulosa 0.08

Susan, Black-eyed Rudbeckia hirta 0.2 Cup Plant Silphium perfoliatum 0.04

Goldenrod, Gray (Field) Solidago nemoralis 0.01 Purple Meadow Rue Thalictrum dasycarpum 0.025

Vervain, Blue Verbena hastata 0.05 Vervain, Hoary Verbena stricta 0.1

Alexander, Golden Zizia aurea 0.25 OH ODOW Milestone Tolerant Forb Mix: Final Product

(11 PART BLEND) 1.755

(POUNDS PER ACRE)

OH ODOW Pollinator Interseeding Mix Yarrow Achillea millefolium 0.03

Milkweed, Common Asclepias syriaca 0.01 Milkweed, Butterfly

(Butterflyweed) Asclepias tuberosa 0.01

Partridge Pea Chamaecrista fasciculata 0.5

Coreopsis, Lanceleaf (sand) Coreopsis lanceolata 0.2

Coreopsis, Plains Coreopsis tinctoria 0.1 Illinois Bundleflower (Prairie

Mimosa) Desmanthus illinoensis 0.3 Coneflower, Purple Echinacea purpurea 0.25

Lobelia, great blue Lobelia siphilitica 0.005 Bergamot, Wild (Prairie

Beebalm) Monarda fistulosa 0.035

Evening primrose, Common Oenothera biennis 0.1 Beardtongue, Foxglove (Smooth penstemon) Penstemon digitalis 0.02 Coneflower, Prairie (Long-headed) Ratibida columnifera 0.1 Coneflower, Grayheaded

(Yellow) Ratibida pinnata 0.05

Susan, Black-eyed Rudbeckia hirta 0.105

Goldenrod, Gray (Field) Solidago nemoralis 0.005

Clover, Alsike Trifolium hybridum 0.05

Clover, Crimson Trifolium incarnatum 0.4

Clover, Ladino Trifolium repens 0.05 OH ODOW Pollinator Interseeding Mix (19 PART BLEND) 2.32

Category 4 Agriculture Seed Blends

ITEM ITEM DESCRIPTION SCIENTIFIC NAME PURE LIVE SEED (PLS)

(POUNDS PER ACRE)

Winter Termination Cover

Crop Mix Oats Avena sativa 30

Clover, Crimson Trifolium incarnatum 6

Diancon radish Pisum sativum var Longipinnatus 4

Winter Termination Cover Crop Mix (3 PART BLEND) 40

Herbicide Termination Cover Crop Mix Winter Rye Secale cereale 29

Clover, Crimson Trifolium incarnatum 8

Diancon radish Pisum sativum var Longipinnatus 3

Herbicide Termination Cover Crop Mix (3 PART BLEND) 40

2. STANDARD TERMS AND CONDITIONS

State of Ohio Standard Terms and Conditions (revised 4/19/22) will apply to this Contract.

3. SPECIAL CONTRACT 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. DELIVERY

Supplies will be delivered to the participating agency within 10 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.

3.3. SHIPPING

All products purchased in bulk, the loading and shipping must conform to the applicable carrier rules and regulations.

Shipment is to be made by the most economical method for proper delivery of the item, F.O.B. destination. For agency requested special delivery methods, shipping cost shall be added to the invoice.

For minimum orders, the minimum dollar value of any order placed against a contract, pursuant to this Bid, for delivery F.O.B. destination, transportation charges prepaid, at any one time to one destination, shall be not less than fifty ($50.00) dollars. There is no minimum order quantity on seed pick-up purchases. For specified quantities for Bag & Bulk items no minimum is to be imposed. Buyer(s) may request special equipment or method for large orders. A combination of bagged commodities is to be allowed to make up a minimum delivery order.

3.4. FIXED PRICE WITH ECONOMIC ADJUSTMENT

The contract prices(s) will remain firm for the first six (6) 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 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.

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”.

3.5. COOPERATIVE PURCHASING CONTRACT

This Contract may be utilized by Cooperative Purchasing Members. “Cooperative Purchasing Members” or “Co-op Members” are entities that qualify for participation in the State’s cooperative purchasing program under Section 125.04 of the Ohio Revised Code (“ORC”) and that have completed the steps necessary to participate in that program. They may include Ohio political subdivisions, such as counties, townships, municipal corporations, school districts, conservancy districts, township park districts, park districts created under Chapter 1545 of the ORC, regional transit authorities, regional airport authorities, regional water and sewer districts, and port authorities. They also may include any Ohio county board of elections, state institutions of higher education, private fire companies, private, nonprofit emergency medical service organizations, and chartered nonpublic schools.

If a purchase is made from this Contract by an entity that is not properly registered with the State’s Cooperative Purchasing Program, it may be a violation of law, may be contrary to the entity’s competitive bidding requirements, and will be a breach of this Contract by the Contractor. If a Cooperative Purchasing Member relies upon this Contract to issue a purchase order or other ordering document, the Cooperative Purchasing Member “steps into the shoes” of the State under this Contract.

The Cooperative Purchasing Member’s order and this Contract are between the Contractor and the Cooperative Purchasing Member. The Contractor must look solely to the Cooperative Purchasing Member for performance, including payment. The Contractor agrees to hold the state of Ohio harmless with regard to Cooperative Purchasing Member’s orders and Cooperative Purchasing Member’s performance. DAS may cancel this Contract and may seek remedies if the Contractor fails to honor its obligations under an order from a Cooperative Purchasing Member.

3.6. 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 Cooperative Purchasing Members 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.

To submit this quarterly sales report, the Contractor is responsible for obtaining access to Ohio|Buys and must report the quarterly dollar value of sales to Cooperative Purchasing Members to the Department of Administrative Services (DAS) via the Internet using Ohio|Buys at the following web address supplier-emarketplace.ohio.gov . If no sales occur, the Contractor must report zero. The report must be submitted no later than thirty (30) days following the completion of the reporting period.

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.

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

3.7. CONTRACTOR REVENUE SHARE

The Contractor must pay to the State a share of the sales transacted under this Contract as a fee to the State to cover the estimated costs the State will incur in administering this Contract and the Services offered under it (“Revenue Share”).

The Contractor must remit the Revenue Share in U.S. dollars within 30 days after the end of the quarterly reporting period. The Revenue Share that the Contractor must pay under this Contract equals ¾ of 1% of the total quarterly sales reported. The Revenue Share must be included in the prices reflected in any order and reflected in the total amount charged to the State, and the Contractor may not add a surcharge to orders under this Contract to cover the cost of the Revenue Share.

The Contractor must remit any amount due as the result of a quarterly or closeout sales report at the time the quarterly or closeout sales report is submitted to the Department of Administrative Services, Office of State Purchasing. To ensure the payment is credited properly, the Contractor must identify the payment as a “State of Ohio Revenue Share” and include this Contract number, total report amount, and reporting period covered.

Contractor will pay the Revenue Share by check remittance, both normal and overnight, credit card payment via the State’s e-payment portal, or ACH payment, if approved by the State, using the instructions below

Check remittance:

Follow the remittance instructions on the required Quarterly Sales Report and Revenue Share Remittance Form at the following link, https://das.ohio.gov/revenueshareform.

Credit Card Payments:

To pay by credit card, use the following link, https://epay.das.ohio.gov/Payment, select “Revenue Share” as the payment type and follow the on-screen prompts.

ACH Payments:

If this payment method is approved by the State, the State will provide payment instructions to Contractor.

If the full amount of the Revenue Share is not paid within 30 days after the end of the applicable reporting period, the non-payment will constitute a contract debt to the State. The State may set off any unpaid Revenue Share from any amount owed to the Contractor under this Contract and employ all other remedies available to it under Ohio law for the non-payment of the Revenue Share. Additionally, if the Contractor fails to pay the Revenue Share in a timely manner, the failure will be a breach of this Contract, and the State may terminate this Contract for cause as set forth herein and seek damages for the breach.

4. INVITATION TO BID INSTRUCTIONS

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

5. SPECIAL INSTRUCTIONS TO BIDDERS

5.1. EVALUATION

Bids will be evaluated in accordance with Article I-15 of the “Instructions to Bidders”. The state will evaluate bids based on Categories 1-4 listed within the bid document. In addition, the state will: multiply the Estimated Annual Usage listed in the bid for each line item by the Price per Unit of Measure to arrive at the Line-Item Total for that line item. DAS will calculate extended price by utilizing the following formula:

Estimated Acres X Price per Acre = Line Item Total

Category totals will be determined by adding each of the items extended prices together in the same category.

5.2. CONTRACT AWARD

The contract will be award to the lowest responsive and responsible bidder by category of product. Failure to bid all items in a category may deem your bid non-responsive for that category.

5.3. 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 will deem the bidder not responsive.

5.4. PRODUCT SAMPLES

The bidder(s) may be required to submit samples of the supplies being offered. The samples will be used in the evaluation process to determine the lowest responsive and responsible bidder. If not included as part of their bid response, the bidder will be required to provide the samples within seven (7) calendar days after notification. Failure to provide the samples within the stated time period will 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.

CONTRACTOR INDEX

CONTRACTOR AND TERMS: BID CONTRACT NO.: RSI007733

0000099604 DELIVERY: Net specified Pheasants Forever, Inc 1783 Buerlele St. Paul, MN 55110

TERMS: Net 30

CONTRACTOR'S CONTACT:

Aaron K. Kuehl Telephone: 1-(866) 914-7373 (seed order) Direct Line: 217-341-7171 Fax: 1-(866) 695-9656 E-Mail: akuehl@pheasantsforever.org