RSI023100_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: STATEWIDE PATROL VEHICLE EMERGENCY LIGHTING, SIRENS,

AND RELATED ACCESSORIES

CONTRACT No.: RSI023100

CONTRACT ID: CTR023100

EFFECTIVE DATES: 12/22/2025 to 9/30/2028

SUPPLIER: DR EBEL FIRE EQUIPMENT SALES & SERVICE

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

SRC0000031992. 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 24 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://ohiobuys.ohio.gov/

Signed: _____________________________________________________________________

Kathleen C. Madden, Director Date https://ohiobuys.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

1 - SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE:

The purpose of this bid is to establish a term contract for lighting, sirens, and related accessories as requested by the Ohio Department of Public Safety, Ohio State Highway Patrol. The contract will also be 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 (DAS).

The contract will include one brand of products: Code 3 Inc.

1.2 CLASSIFICATION:

The following are the categories within this Contract. Each category includes products from a specific brand and includes a market basket with specific items and a catalog discount. The Catalog Discount (Percentage Discount) will be a flat discount that applies to all items within that category, excluding those items listed within the market basket. For any category that the bidder is submitting a bid, the bidder must provide the discount offered for that category via the Questionnaire. Estimated usage totals for Market Baskets and Catalog Discounts are estimates only and are not a guarantee of sales.

A. Category A, Code 3 Inc.

1. Market Basket A

Line No. Item Description UOM

1 * Micropak Hide-a-Blast Low Profile Surface Mount, Dual Color Blue and White, Pack of 1 Each

2 * Thin Supervisor Matrix, Windshield Mounted Interior Light, Blue/White Each

3 * Thin Supervisor Matrix, Windshield Mounted Interior Light, Blue/White/Red Each

4 * Thin Supervisor Mounting Bracket, 2012+ Durango Each

2. Catalog Discount on Items not listed in Market Basket A: 44%

Estimated Annual Spend, Code 3 Inc.: $70,000.00

1.3 CONTRACTOR REQUIREMENTS:

A. The awarded Contractor(s), upon request, must provide engineering service to correct any difficulties encountered with the installation or operation of the equipment.

B. Products will be ordered and shipped upon request of participating agency during the term of the Contract.

C. Contractor must notify the participating agency contact(s) via email or telephone call if delivery requirements cannot be met within the specified time. The participating agency contact(s) must be alerted after an order is received for an unavailable product, or as soon as possible after an order is delayed. The State may at its own discretion cancel a delayed order with no additional charges to be paid by the State.

D. Contractor must notify the participating agency contact(s) and DAS of any known discontinued item that may arise on any market basket item list.

1.4 GENERAL REQUIREMENTS:

A. All items shall be new, not reconditioned or refurbished.

B. All lights must conform to the minimum standards of the Society of Automotive Engineers (SAE J595 up-to-date version), and to these minimum specifications. This standard can be purchased at http://www.sae.org.

* Indicates update to Item Description with Contract award.

http://www.sae.org/

2 - STANDARD TERMS AND CONDITIONS

The State of Ohio Standard Terms and Conditions (revised 03/31/25) govern this Contract and are incorporated as if fully rewritten herein.

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 - 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.

3.3 - 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.

3.4 - BRAND SPECIFIC

The items listed are being bid by specified manufacturer brand pursuant to Ohio Administrative Code 123:5-1- 10(D)(6). No other brands of products will be acceptable.

3.5 - SUBSTITUTION OF ITEMS

During the term of the Contract, the Contractor may have a need to substitute alternate manufacturer brand/style/items other than those agreed to under the Contract. Prior to the provision of any alternate however, the Contractor must notify DAS in writing and obtain written permission from the DAS Office of Procurement Services for use of any alternate item(s). DAS may require samples prior to the approval of any alternate item(s).

Failure to comply with this clause shall be considered a material default.

3.6 - DELIVERY

Supplies will be delivered to the participating agency within thirty days after receipt of order. The delivery location will be noted on the purchase order issued by the participating agency.

3.7 - FIXED PRICE WITH ECONOMIC ADJUSTMENT

The contract prices for the items within the market basket will remain firm for the first 12 months duration of the contract. Thereafter, the Contractor may submit a request to increase their price(s) to be effective 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”.

https://dam.assets.ohio.gov/image/upload/procure.ohio.gov/TCond/Standard_T_C_3-31-25.pdf

3.8 - FIXED CATALOG DISCOUNT PERCENTAGE

The catalog discount percentage will remain firm fixed for the life of the contract. However, during the life of the contract, there may be a new catalog published and/or price list thereto. In this event, it will be necessary for the Contractor to supply the Office of Procurement Services with one copy of each as applicable. Pricing contained in the new catalog and/or price list will become effective 30 days after receipt of notice by the Office of Procurement Services. Thereafter, state agencies may obtain the new catalog and/or price list from the Contractor.

3.9 - 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.

3.10 - 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 each calendar quarter (i.e., January-March, April-June, July-September, and October-December). The dollar value of the sales reported must equal the price paid by all Cooperative Purchasing Members for purchases under this Contract during the reporting period. The sales to State agencies under this Contract are automatically reported in OhioBuys.

The Contractor must submit the quarterly sales reports to the State via OhioBuys. If no sales occur, the Contractor must still submit the quarterly sales report and show zero sales for the quarter on the report. The reports must be submitted no later than 30 days after the completion of the reporting period.

The Contractor must also submit a closeout report within 120 days after the expiration of this Contract. For purposes of this provision, the Contract expires on the physical completion of the last outstanding task or order of the Contract. The closeout 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 sales report, then the closeout report should show zero sales.

If the Contractor fails to submit any sales report in a timely manner or falsifies any sales report, the State may terminate this Contract for cause.

3.11 - CONTRACTOR REVENUE SHARE

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

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. 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 at the time the quarterly sales or closeout report is submitted to the Department of Administrative Services. 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 amount, and reporting period covered.

The 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/about/about-us/office-of-finance/revenue-share-form.

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 offset 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”. In addition, the State will:

utilize the sum of the low lot total for the category’s market basket and estimated discount for the category’s catalog discount to calculate the low lot total for the category.

To determine the total for a category’s market basket, the State will multiply the estimated annual usage with the unit price offered for each line item. The line item totals will be added together to determine the low lot total within each category’s market basket.

To determine the total for the category’s catalog discount, the State will apply the discount offered to the estimated annual spend for that category. The discounted spend total for that category will determine the total for each category’s catalog discount.

Failure to bid all line items within the category’s market basket and failure to bid the category’s catalog discount may deem your bid not responsive and no further consideration for award will be given for that category.

5.2 - CONTRACT AWARD

The contract will be awarded to the lowest responsive and responsible bidder by category of product. Failure to bid all items may result in the bidder being deemed not responsive.

5.3 - DESCRIPTIVE LITERATURE

The bidder shall submit, as part of their bid response, descriptive literature of the supplies or services being offered. The descriptive literature is to include the catalog and/or price list in effect at the time of bid submission and upon which the bid response is based. The descriptive literature will be used in the evaluation process to https://das.ohio.gov/about/about-us/office-of-finance/revenue-share-form https://epay.das.ohio.gov/Payment https://procure.ohio.gov/pdf/OhioBuys_ITB_Instructions_to_Bidders_030921.pdf determine the lowest responsive and responsible bidder. Failure of the bidder to furnish descriptive literature as part of their bid response will deem the bidder not responsive.