RSI010814_Contract_V1.pdf

STATE OF OHIO

DEPARTMENT OF ADMINISTRATIVE SERVICES

GENERAL SERVICES DIVISION

OFFICE OF PROCUREMENT SERVICES

4200 SURFACE ROAD, COLUMBUS, OH 43228-1395

MANDATORY USE CONTRACT FOR: Body Armor and Related Accessories and Supplies

CONTRACT No.: RSI010814

CONTRACT ID: 10814

EFFECTIVE DATES: 2/1/2023 to 1/31/2026

SUPPLIER: Point Blank Enterprises, Inc.

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No. SRC0000005042. 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 thirty-six (36) months unless the Contracting Agency determines that additional renewal is necessary.

This Requirements Contract is available to all State of Ohio Agencies, State Institutions of Higher Education and members in good standing of the Department of Administrative Services Cooperative Purchasing Program throughout the State of Ohio., 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://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:

The purpose of this solicitation is to establish a contract between the State of Ohio Department of Administrative Services (DAS) and awarded Contractor(s) for concealable and tactical body armor, armor plates, ballistic shields and helmets, stab or spike protection and all related supplies and accessories offered by the Bidder for use by State of Ohio Agencies, State Institutions of Higher Education and members in good standing of the Department of Administrative Services Cooperative Purchasing Program throughout the State of Ohio.

1.2 SPECIFICATIONS:

1.2.1 If requested, awarded Contractor(s) must provide trained staff and personnel to perform fitting, measurement and consultative services on-site at the purchasing agency’s facilities/locations.

1.2.1.1 All measurement and fitting performed by the Contractor must be in accordance with stated standards and clearances as prescribed in the NIJ Selection and Application Guide to Buying Body Armor, as amended.

1.2.1.2 Awarded Contractors must offer instructions or provide presentations when requested by purchasing agencies encompassing the care, usage and limitations armor products sold and the care and cleaning of carriers and accessory items. Instructions or presentations, if requested, shall be at a location determined by the purchaser.

1.2.2 Body armor items offered and sold under a Contract pursuant to this bid must meet or exceed the following National Institute of Justice (NIJ) standards and any future revisions and/or updates thereto.

1.2.2.1 Ballistic Resistance of Body Armor, NIJ Standard 0101.08.

1.2.2.2 Stab Resistance of Personal Body Armor, NIJ Standard 0115.00.

1.2.2.3 NIJ Standard for Ballistic Helmets, 0106.01.

1.2.2.4 NIJ Standard for Ballistic Resistant Protective Materials, 0108.01.

1.2.3 All items offered and sold under a Contract awarded pursuant to this bid must be new, unused and packaged in accordance with accepted industry standards.

1.2.4 Workmanship on all items offered and sold under a Contract pursuant to this bid must be without blemishes, defects or other imperfections which may affect performance, wear-ability, durability, aesthetics or other aspects of the performance of the item.

1.2.5 All items offered and sold under a Contract awarded pursuant to this bid must be identical to the original model(s) submitted, tested, and certified by the NIJ as compliant with the NIJ standards listed above. Items may not be altered as to render them different than as originally tested under NIJ compliance testing.

1.2.6 Armor sizes offered and sold under a Contract awarded pursuant to this bid must be complaint with standards listed on the NIJ Complaint Products List.

1.2.7 All items which offer additional trauma plates offered and sold under a Contract awarded pursuant to this bid must have the plate pocket permanently secured to the carrier on both sides and the bottom.

1.2.8 All fasteners which are part of an armor package or offered as accessory items must match the color of the carrier.

https://www.ojp.gov/pdffiles1/nij/247281.pdf

1.2.9 All labels must withstand wear and cleaning under normal circumstances and in accordance with manufacturer prescribed guidelines and remain readable throughout the service or warranted life of the item labeled. All labeling must comply with the requirements of the NIJ Standards and Guidance for Ballistic Resistance, 0101.6 and Stab Resistance, 0115.00 as updated and/or amended.

1.2.10 All ballistic components offered and sold under a contract pursuant to this bid must have a minimum of a five

(5) year manufacturer’s warranty and all carriers must have a minimum of eighteen (18) months manufacturer’s warranty. All warranty periods shall begin when body armor products are delivered and accepted by the ordering agency.

1.2.11 All Contractors awarded a contract pursuant to this bid must maintain a record of item serial numbers sold under this contract. The record should include item number, item serial number, date sold, sold-to agency and sold-to agency location. Records must be readily accessible upon request.

1.2.12 The following categories should be made available on Bidder’s catalog or price list. Failure to respond to all categories may deem the bidder not responsive.

Item Category Percentage Discount

1_1 Ballistic, Concealable and Tactical Vests and Packages; all protection levels 46%

1_2 Replacement Carriers 46%

1_3 Ballistic Helmets; all protection levels 44%

1_4 Ballistic Shields; all protection levels 44%

1_5 Stab Resistant Concealable Vests; all protection levels 46%

1_6 Combination Concealable and Tactical Vests; all protection levels 46%

1_7 K-9 Vests (ballistic, stab resistant and combination, all protection levels) 44%

1_8 Ballistic Accessory Items; Hard and Soft Trauma Plates, Groin, Yoke, Bicep, Collar, Throat Shield Windows, all protection levels 46%

1_9 Other Non-Ballistic Accessory Items 46%

1.2.13 NIJ Protection Levels Required by Item Type:

Below are specification requirements for the NIJ protection levels with which items offered must comply. Items offered which do not meet the protection levels below will not be considered for award of a contract.

Item Type NIJ Protection Level

Ballistic Concealable Vests IIA, II, IIIA III and IV

Ballistic Tactical Vests IIA, II, IIIA III and IV

Stab Resistant Concealable Vests Spike or Edged Blade, Levels 1, 2 and 3

Stab Resistant Tactical Vests Spike or Edged Blade, Levels 1, 2 and 3

Combination Concealable Vests

Ballistic and Spike and/or Edged Blade. All vests offered as combination vests must have passed NIJ testing under each product category type and be published on both appropriate compliant product lists.

Combination Tactical Vests

Ballistic and Spike and/or Edged Blade. All vests offered as combination vests must have passed NIJ testing under each product category type and be published on both appropriate compliant product lists.

K-9 Ballistic Vests IIA, II, IIIA, 2 and 3

K-9 Stab resistant Vests IIA, II, IIIA, 2 and 3

K-9 Combination Vests IIA, II, IIIA, 2 and 3

Ballistic Helmets IIA, II and IIIA

Ballistic Shields Hard and Soft; I, IIA, II, IIIA, III and IV

2 - STANDARD TERMS AND CONDITIONS

State of Ohio Standard Terms and Conditions (revised 10/18/22) will apply to this Contract.

3 - CONTRACT SPECIFIC TERMS AND CONDITIONS

3.1 - AMENDMENT TO CONTRACT TERMS AND CONDITIONS

The following Amendments to the Contract Terms and Conditions do hereby become a part hereof. In the event that an amendment conflicts with the Contract Terms and Conditions, the Amendment will prevail.

3.2 - 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 or similar supplies or services in the same geographic area, Ordering Agencies shall solicit quotes for the required supplies or services from multiple awarded Suppliers, prior to ordering.

3.3 - PRICING, FIXED-DISCOUNTS, AND CATALOG CHANGES

Pricing will be a discount from a catalog or pricelist with Manufacturer’s Suggested Retail Price (MSRP).

Discount percentages from list will remain firm for the life of the contract. Discounts from list will be based on the MSRP pricing in the Manufacturer’s catalog and/or pricelist included with the Contract.

Awarded Contractor will be responsible for providing and maintaining current published MSRP pricelist and OhioBuys catalog.

Bidders shall attach their current pricelist to the Questionnaire as a PDF file. The PDF pricelist file must be text searchable.

The contract prices(s) will remain firm for the first twelve (12) months duration of the contract. 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. Any reference, which may appear on any catalog, price list, electronic price list or literature, to any terms and conditions, such as F.O.B. Shipping Point or Prices Subject to Change, will not be part of any contract with the successful bidder(s) and will be disregarded by the State of Ohio.

Likewise, there shall be no assessment, surcharge, small order charge, broken case charge, minimum order charge, single item charge nor any other unspecified additional charge allowed by the State that is not specifically mentioned in this bid or in any contract awarded pursuant to this bid. The contractor must provide merchandise in unit quantity(s) as indicated in the bid/bid response/contract.

https://procure.ohio.gov/static/pdf/About_Procurement/Procurement_Policies/Standard_T_C_10_15_22.pdf

3.4 - 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.

3.5 - DELIVERY

Supplies will be delivered to the participating agency within forty-five (45) days after receipt of order. The delivery location will be noted on the purchase order issued by the participating agency.

3.6 - 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 epayment 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 setoff 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 - CONTRACT AWARD

A Contract will be awarded to all responsive and responsible bidders.

5.2 - EVALUATION

Bids will be evaluated in accordance with Article I-15 of the “Instructions to Bidders”. In addition, the state will award a contract to all responsive and responsible bidders. Bidder should offer items for each contract category. Failure to bid all categories may deem the bidder not responsive.

5.3 - MANUFACTURER CERTIFICATION REQUIREMENT

To be considered for award of a contract, Bidders responding to this bid must be manufacturers of the products they are offering. Bidders should provide certification attesting they are a manufacturer of the item(s) they are offering in the Questionnaire section of this Invitation to Bid. Failure to provide certification as requested may result in the Bidder being found not responsive and disqualified from consideration of award.

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

5.4 - AUTHORIZED ORDER-DIRECT DEALERS

Manufacturers responding to this solicitation may name order-direct dealers to represent the manufacturer for sales, warranty, sizing, fitting and other responsibilities on the manufacturer’s behalf for State of Ohio agencies, DAS Cooperative Purchasing Program members, and other entities authorized to use this Contract to make purchases. Manufacturers that want ordering entities to place orders through the order-direct dealers instead of, or in addition to, the manufacturer submitting the bid shall provide those order-direct dealers with their bid submission.

Named dealers must be designated by completion of the Contractor Authorization of a Dealer letter in the Questionnaire section of this Invitation to Bid. If a manufacturer elects to designate authorized dealer, the authorized dealer must:

1. Complete and sign the Dealer Acceptance Agreement Letter, attached to the Questionnaire (or available from DAS after Contract award). The Dealer Acceptance Agreement Letter must be completed on dealer letterhead, signed by the dealer, and submitted to DAS;

2. Be licensed by the Ohio Secretary of State to do business in the State of Ohio;

3. Be free of financial findings of recovery by the State of Ohio or the Federal Government and not be debarred by any

State of Ohio government agency;

4. Provide a completed Federal IRS W9 form and, if not already held, obtain a supplier identity (Supplier ID number) in the State of Ohio’s OAKS enterprise system; and

5. Provide an affirmative action plan for review and approval via the Ohio Business Gateway (OBG) by the Ohio

Development Services Agency.

During evaluation, DAS will review and approve any listed order-direct dealers/channel partners.

Subject to DAS approval, awarded Contractor(s) may remove or add order-direct dealers during the term of this Contract, by written request to DAS. Order-direct dealers may only offer the products or services of the manufacturer which has named them as a dealer.

Contractor does not accept direct purchase orders. All purchase orders shall be placed with approved dealers.

Dealer Name Dealer ID EOD Status ProTech Security Sales 1 N/A Red Diamond Uniform & Police Supply 3 N/A