RSI013496_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: Sweatshirts, Sweatpants, and Pajamas

CONTRACT No.: RSI013496

CONTRACT ID: 13496

EFFECTIVE DATES: 09/01/2023 to 6/30/2026

SUPPLIER: Net Pac International, LLC

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No. SRC0000011245. 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 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 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:

These specifications are for the purchase of sweat garments and pajamas specified below for general purpose use by State of Ohio Agencies, State of Ohio Institutions of Higher Education and properly registered members of DAS Cooperative Purchasing Program.

1.2 REQUIREMENTS:

1.2.1 Garments offered shall be packaged in accordance with standard industry practices and marked for the individual or ordering agency.

1.2.2 All garments shall be pre-shrunk and shall be deemed “machine washable.”

1.2.3 All items shall be stamped or labeled, including care instructions, size and all other information required by labeling laws.

1.2.4 All items will have loose threads removed and be pressed and shaped properly.

1.2.5 All garments shall be first quality, new, unused, without dirt, and shall not contain flaws or defects which adversely affect appearance, durability, and function.

1.2.6 Any garments found to be defective, improperly sized or not in accordance with specifications, although accepted through oversight or otherwise, shall be replaced, repaired or altered at the expense of the contractor, including all transportation costs.

1.2.7 Bidders are required to offer all colors specified. Bidders may offer additional deep hued colors. Additional colors will not be a part of the bid evaluation.

1.2.8 When a weight is referenced, whether on a per square or linear yard of material or per piece or package of an item bass, the weight shall be considered a minimum acceptable weight. Where blends of material are referenced, such as 50/50 polyester/cotton, such blend shall be a reference point. Minor variations from the stated blend will be considered. A minor variation will generally be within +/- 7% of the stated blend. If multiple blends are referenced for a product, these shall constitute the minimum and maximum acceptable range, with no variation above or below the range.

1.3 SPECIFICATIONS:

1.3.1 Bid Items 1_1 through 1_4 - Sweatshirts, Long Sleeve, Zip Front, Hooded (without drawstrings in the hood)

1.3.1.1 Shall be new, first quality and without defect

1.3.1.2 50/50 Cotton / Polyester Blend

1.3.1.3 Weight: Minimum 7.4 oz. Per Square Yard

1.3.1.4 Full Cut with full zipper front enclosure

1.3.1.5 Two muff-type pockets

1.3.1.6 Single-ply hood, no drawstrings

1.3.1.7 All seams covered, or lock stitched

1.3.1.8 Reinforced sleeve cuffs and waist

1.3.1.9 Required Sizes: Small (SM) through 6 Extra Large (6XL)

1.3.1.10 Required Colors: Navy, Gray, Brown, Dark Maroon, Red, Black plus additional deep hued colors as offered

1.3.2 Bid Items 1_5 through 1_8 - Sweatshirts, Long Sleeve, Crew Neck

1.3.2.1 50/50 Cotton / Polyester blend

1.3.2.2 Weight: Minimum 7.4 Oz. Per Square Yard

1.3.2.3 Reinforced Crew Collar, Sleeve Cuffs and Waistband

1.3.2.4 All Seams shall be cover or lock stitched

1.3.2.5 Required Sizes: Small (SM) through 6 Extra Large (6XL)

1.3.2.6 Required Colors: Navy, Gray, Ash Gray, Brown, Dark Maroon, Red, Black plus additional deep hued colors as offered.

1.3.3 Bid Items 1_9 through 1_12 – Pajama Tops

1.3.3.1 50/50 blended polyester/cotton knit fabric

1.3.3.2 Fabric Weight: Minimum 3.5 Oz. Ln. Yd.

1.3.3.3 Long Sleeve, crew neck

1.3.3.4 Double stitched seams, cover or lock stitched

1.3.3.5 Required Colors: Navy Blue, Gray

1.3.3.6 Sizes: Small (SM) through 10 Extra Large (10XL)

1.3.4 Bid Items 1_13 through 1_16 - Sweat Pants, Elastic Waist

1.3.4.1 50/50 Cotton / Polyester Blend

1.3.4.2 Weight: Minimum 7.4 Oz. Per Square Yard

1.3.4.3 No Pockets

1.3.4.4 Elastic Leg Ends/Cuffs

1.3.4.5 Elastic Waist – No drawstring

1.3.4.6 All Seams Shall be Cover or Lock Stitched

1.3.4.7 Required Sizes: Small (SM) through 6 Extra Large (6XL)

1.3.4.8 Required Colors: Navy, Gray, Brown, Dark Maroon, Red, Black plus additional deep hued colors as offered

1.3.5 Bid Items 1_17 through 1_20 - Unisex, Knit Pull-on Pajama Bottoms

1.3.5.1 50/50 blended polyester/cotton knit fabric

1.3.5.2 Fabric Weight: Minimum 3.5 Oz. Ln. Yd.

1.3.5.3 Ankle length, inseam between 29” – 31”, with hemmed leg bottoms

1.3.5.4 Covered elastic waistband

1.3.5.5 No drawstring,

1.3.5.6 No Fly

1.3.5.7 No Pockets

1.3.5.8 Double stitched seams, cover or lock stitched

1.3.5.9 Required Colors: Navy Blue, Gray

1.3.5.10 Sizes: Small (SM) through 10 Extra Large (10XL)

2 - STANDARD TERMS AND CONDITIONS

State of Ohio Standard Terms and Conditions (revised 04/10/23) will apply to this Contract.

3 - CONTRACT SPECIFIC TERMS AND CONDITIONS

3.1 - ORDER OF PRIORITY

The order of priority of the Contract will be the following: 1.) Specifications and Requirements; 2) Contract Specific Terms and Conditions; 3) Standard Terms and Conditions.

3.2 - MINORITY BUSINESS ENTERPRISE (MBE) SET ASIDE

The State is committed to making more State contracts and opportunities available to minority business enterprises (MBE) certified by the State of Ohio pursuant to Section 123.151 of the Ohio Revised Code and Rule 123:2-15-01 of the Ohio Administrative Code, as those provisions may be amended, renumbered, replaced or otherwise modified. This solicitation is being issued as a minority set aside contract in accordance with Section 125.081 of the Ohio Revised Code. All suppliers must be an Ohio certified MBE as of the solicitation due/opening date. Pursuant to OAC 123:2-14-02 (V), suppliers are required to be certified in the appropriate UNSPS Code for the products, supplies, or services specified in the solicitation. If a certification application has been submitted that needs to be expedited to meet the solicitation due/opening date, contact the Minority Business Development Division at the Department of Development. For more information regarding Ohio MBE certification requirements, including a list of Ohio certified MBE businesses, please visit Development’s Minority Business Development Division web site.

Any supplier seeking to submit a response to this solicitation must provide a copy of its Ohio MBE certification with its response.

The supplier must maintain a valid certification throughout the term of the Contract, including any renewals. Failure to maintain a valid certification will be considered a breach of the Contract.

The UNSPS Commodity Code for this solicitation is 53102900 – Athletic Wear.

3.3 - DELIVERY

Supplies will be delivered to the participating agency within twenty-eight (28) days after receipt of order. The delivery location will be noted on the purchase order issued by the participating agency.

https://procure.ohio.gov/static/pdf/About_Procurement/Procurement_Policies/Standard_T_C_04-10-23.pdf

3.4 - 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 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 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.

3.7 - SWEATSHOP FREE

By the signature affixed to this ITB, the Bidder certifies that all facilities used for the production of the supplies or performance of services offered in the bid are in compliance with applicable domestic labor, employment, health and safety, environmental and building laws. This certification applies to any and all suppliers and/or subcontractors used by the Bidder in furnishing the supplies or services described in the bid and awarded to the Bidder. If DAS receives a complaint alleging non-compliance with sweatshop free requirements, DAS may enlist the services of an independent monitor to investigate allegations of such non-compliance on the part of the Contractor, any sub-contractors or suppliers used by the Contractor in performance of the Contract. If allegations are proven to be accurate, the Contractor will be advised by DAS of the next course of action to resolve the complaint and the Contractor will be responsible for any costs associated with the investigation. Items that will be considered in an investigation include, but are not limited to standards for wages, occupational safety and work hours.

https://das.ohio.gov/revenueshareform https://epay.das.ohio.gov/Payment

3.8 - SUBSTITION OF ITEMS

During the term of any ensuing contract pursuant to this Bid, the awarded bidder/contractor may have a need to provide alternate Manufacturer Brand/Style/Items other than those offered in the Bid and on the item grid. Prior to the provision of any alternate however, the contractor must notify DAS in writing and obtain written permission from DAS Office of Procurement Services for use of the alternate. DAS may require samples prior to the approval of any alternate item(s).

Failure to comply with this clause may be determined to be default of the contract.

3.9 - 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 OhioBuys and must report the quarterly dollar value of sales to Cooperative Purchasing Members to the Department of Administrative Services (DAS) via the Internet using OhioBuys 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.

4 - INVITATION TO BID INSTRUCTIONS

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

5 - SPECIAL INSTRUCTIONS TO BIDDERS

5.1 - 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.

5.2 - EVALUATION

Bids will be evaluated in accordance with Article I-15 of the “Instructions to Bidders”. In addition, the State will multiply 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.

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

5.3 - 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.