RSI024664_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: Institutional Clothing; Outerwear

CONTRACT No.: RSI024664

CONTRACT ID: 24664

EFFECTIVE DATES: 02/06/2025 to 09/30/2027

SUPPLIER: Net Pac International, LLC

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

SRC0000024151. 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 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://ohiobuys.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

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 State of Ohio seeks to establish a Contract by which to procure various articles of clothing that may be required by State Agencies, State institutions of higher education and properly registered members of the Cooperative Purchasing Program of the Department of Administrative Services. These articles of clothing include socks and outerwear.

1.2 CATEGORIES The articles of clothing include the following categories.

1.2.1 Socks: unisex and women’s socks. (This category is not included in this contract)

1.2.2 Outerwear: unisex knit hats and gloves.

1.3 GENERAL SPECIFICATIONS

1.3.1 QUALITY All items must be new, first quality clean articles free of flaws or defects which adversely affect the article’s appearance, durability, or function.

1.3.1.1 Irregular or sub-standard articles (less than perfect “seconds”) are not acceptable. Any such merchandise will be categorically rejected and may be deemed a breach of contract.

1.3.1.2 All items 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.

1.3.2 GENERAL STANDARDS

1.3.2.1 All items must be machine washable, constructed in such a manner as to withstand institutional laundering and maintain elastic characteristics.

1.3.2.2 All items must be preshrunk as appropriate, and any residual shrinkage must not exceed three percent.

1.3.2.3 All items must have loose threads removed and be properly shaped/pressed as appropriate.

1.3.2.4 All items must be labeled per industry standards, including care instructions where applicable, indicating size and all other information required by labeling laws.

1.3.2.5 All items must be colorfast, maintaining the original color without significantly washing out or fading. The color must not bleed when laundered.

1.3.3 FABRIC WEIGHT Where a weight is referenced, whether on a per square or linear yard of material or per piece or package of an item basis, the weight shall be considered the minimum acceptable weight.

1.3.4 FABRIC BLEND Where blends of material are referenced, such as “50/50 Polyester/Cotton” or “88/12 Nylon/Lycra,” these blends shall be a reference point. Variations from the stated blend will be considered, generally within +/- 10% of the stated blend. As an example, an 88 Nylon/12 Lycra blend would have an acceptable variance range between 98 Nylon/2 Lycra and 78 Nylon/22 Lycra.

1.3.5 PACKAGING

1.3.5.1 All items must be packaged in accordance with industry standard practices and marked for the individual or ordering agency as ordered or specified on the purchase document(s).

1.3.5.2 All items must be sufficiently packaged to protect the items from soiling or damage while in transit and storage.

1.3.5.3 All packaging shall be labeled to clearly identify the contents to the using Agency.

1.4 CLOTHING SPECIFICATIONS

1.4.1 Socks Unisex and Women’s Socks.

(This Category is not included in this Contract)

1.4.2 Outerwear Unisex knit hats and gloves.

1.4.2.1 Unisex Knit Cap

• FABRIC BLEND

o 100% synthetic blend, knit.

o No cotton or wool.

• FABRIC WEIGHT Per industry standards.

• CONSTRUCTION

o Tightly knit beanie style.

o No cuff or lining.

• COLORS Orange and navy blue.

• PRICING Priced per dozen.

• SIZES One size fits all.

1.4.2.2 Unisex Canvas Gloves

• FABRIC BLEND Cotton/Polyester canvas, preshrunk.

• FABRIC WEIGHT Per industry standards.

• CONSTRUCTION

o Soft knit cuff.

o Single palm, multiple layer palm gloves are not acceptable.

o Simple straight thumb design.

o Plain surface, without applied grip enhancements of any kind.

• COLORS

o The following colors are not acceptable and will not be considered for award:

▪ Reds, greens, blacks, and blues o Bidder may offer any other colors they can provide

• PRICING

o Priced per dozen.

o Regardless of the size, gloves shall have one price per dozen.

• SIZES Gloves may either be supplied as one size fits all or sized for both medium/large and large/extra-large.

1.4.2.3 Unisex Jersey Gloves

• FABRIC BLEND Cotton/Polyester, jersey knit, preshrunk.

• FABRIC WEIGHT Per industry standards.

• CONSTRUCTION

o Soft knit cuff.

o Single palm, multiple layer palm gloves are not acceptable.

o Simple straight thumb design.

o Plain surface, without applied grip enhancements of any kind.

• COLORS

o The following colors are not acceptable and will not be considered for award:

▪ Reds, greens, blacks, and blues o Bidder may offer any other colors they can provide.

• PRICING

o Priced per dozen.

o Regardless of the size, gloves shall have one price per dozen.

• SIZES Gloves may either be supplied as one size fits all or sized for both medium/large and large/extra-large.

2 STANDARD TERMS AND CONDITIONS

State of Ohio Standard Terms and Conditions (revised 03/01/24) 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 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 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 122.921 of the Ohio Revised Code and Rule 123:2-14-01 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 Codes for this solicitation are:

3.3.1 Socks: unisex and women’s socks. 53102400 – Hosiery

3.3.2 Outerwear: unisex knit hats and gloves. 53102500 – Clothing Accessories

3.4 SWEATSHOP FREE 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 all suppliers and 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.

3.5 CUSTOMER SERVICE and DELIVERY NOTIFICATION The Contractor shall provide order acknowledgement and accurate and proactive delivery and customer service information to the ordering agency. Within 2 business days of receipt of any order pursuant to this Contract, the Contractor shall provide a shipment and delivery date promise to the ordering entity via email. If the anticipated delivery date exceeds the time required by the DELIVERY clause of the Contract, the Contractor will work with the ordering entity to establish a mutually agreed delivery date. If, after an alternate delivery date has been agreed upon, the delivery date must be changed, the Contractor shall notify the ordering entity of the change and obtain the ordering entity’s agreement. This requirement applies equally where the Contractor makes the direct delivery or uses the services of a third party, subcontractor or fulfillment house to provide delivery of the order. If, after discussion, the Contractor and ordering entity are unable to agree on a suitable delivery date, the ordering entity may execute the terms of the LATE DELIVERY/LIQUIDATED DAMAGES clause of this Contract. Failure to make or update the notification provided above within the prescribed time periods may be considered a default of the Contract.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fprocure.ohio.gov%2Fstatic%2FTCond%2FStandard_T_C%25203-1-24.pdf&data=05%7C02%7CLloyd.Harmon%40das.ohio.gov%7Cff0f09d10a8c49785c4708dc3a0e53f9%7C50f8fcc494d84f0784eb36ed57c7c8a2%7C0%7C0%7C638449080432433241%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=uta1Ms5rhEnWVQBR7oZR1gSTUXz5bfIFUTqfJNjvlBE%3D&reserved=0

3.6 DELIVERY Supplies will be delivered to the ordering entity within 21 days after receipt of order. The delivery location will be noted on the purchase order issued by the ordering entity.

3.7 LATE DELIVERY/LIQUIDATED DAMAGES In accordance with the Standard Terms and Conditions Section VI. J. time is of the essence and on time delivery is a critical component of the Contract, vital to the ordering entity which purchase materials using the contract and in the management of inventories and timely provision goods or services to their wards. In accordance with the DELIVERY clause, the required Contract delivery term for this Contract is 21 days after the Contractor receives the ordering entity’s purchase order. If the Contractor is unable to meet that delivery period, the CUSTOMER SERVICE and DELIVERY NOTIFICATION clause of this Contract provides a mechanism for Contractor(s) to adjust the delivery period with the prior agreement of the ordering entity. If, after that process is initiated, the Contractor is unable to provide delivery as promised, the ordering entity, at its discretion may invoke Section VI. H. 2. of the Contract Standard Terms and Conditions (liquidated damages) as an offset against the invoice value of the order. This clause will not apply in cases of FORCE MAJEURE as defined by the Standard Terms and Conditions, Section VI. E.

3.8 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.

3.9 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 30 days following the completion of the reporting period.

The Contractor shall also submit a close-out report within 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.

3.10 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.

3.11 REFERENCE TO ALTERNATE TERMS Any reference which may appear on any price list, literature or specification sheet(s), 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 and will be disregarded by the State of Ohio.

3.12 SPECIAL CHARGES There shall be no assessment, surcharge, small order charge, broken case charge, minimum order charge, single item charge or 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 this Contract.

3.13 SUBSTITUTION OF ITEMS: During the term of the Contract pursuant to this Bid, the Contractor may have a need to provide alternate Manufacturer Brand/Style/Items other than those offered in the Contractor’s Bid. 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 shall be considered a contract default.

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

3.14 FIXED PRICE WITH ECONOMIC ADJUSTMENT The contract prices(s) 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”.

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 multiply the bid prices by the estimated usage to calculate a total bid price for each item, these item totals will be added to calculate the category totals.

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 in a category may result in the bidder being deemed not responsive for that category.

5.3 MINIMUM ORDER The minimum dollar value of any order placed against this Contract for delivery F.O.B.

destination, transportation charges prepaid and allowed, at any one time to one destination, shall not be less than Bidder’s minimum order value as indicated in the Questionnaire submitted at the time of bid. The minimum order value shall be firm for the life of the Contract. Failure to provide a minimum order value at the time of bid shall be interpreted as no minimum order applies to any order. For orders with a total value less than this minimum, shipment is to be made by freight, parcel post, express or commercial package delivery, whichever is the most economical method for proper delivery of the item, F.O.B. destination, freight prepaid and added. The cost of transportation to the destination on such orders shall be added to the invoice. The receiving agency may require a copy of the freight invoice to substantiate any invoiced freight charges.

The minimum order value for this contract is $100.00.

5.4 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 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 may deem the bidder not responsive.

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

5.5 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 calendar days after notification. Failure to provide the samples within the stated time period may 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.