RSI025722_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 FOOTWEAR

CONTRACT No.: RSI025722

CONTRACT ID: 25722

EFFECTIVE DATES: 01/01/25 to 6/30/2027

SUPPLIER: Net Pac International LLC

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No. SRC# 0000016666. 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 purpose of this Invitation to Bid (ITB) is to establish a Contract for the State of Ohio for various styles of institutional footwear needed by State of Ohio Agencies, State Institutions of Higher Education, and properly registered members of the State of Ohio Department of Administrative Services (DAS) Cooperative Purchasing Program. This ITB includes shoes such as boots, athletic shoes, sandals, and clogs. All specifications listed herein for material, weight, construction, size, and color shall be considered minimum requirements.

1.2. REQUIREMENTS

1.2.1. Bidders must submit measurement instructions and applicable sizing and size conversion charts with its bid. This includes conversion charts for unisex sizes or for men’s converted to women’s sizes or vice-versa. If not submitted with the bid, Bidders will have seven calendar days after notification to provide same. Contract users may request measurements, sizing instructions, or size conversion charts at any time during the duration of the contract.

1.2.2. Where a weight or measurement is referenced, that weight or measurement shall be considered the minimum acceptable measurement.

1.2.3. All footwear items offered in response to this Bid must meet U.S. Size Standards.

1.2.4. All items shall be new, first quality, unused, and without flaws or defects which adversely affect appearance, durability, fit or function. The Bidder warrants that all items are suitable for the purpose for which they are named and for any intended use the name of the item implies.

1.2.5. The Contractor warrants all items against defects in either workmanship or materials for the useful life of the item. Any order placed pursuant to this contract in which the delivery contains items which do not conform to the item specifications and are received through oversight or otherwise, may be rejected at any time. Any item found not compliant with any of the item specifications in this Bid, as amended, will result in the product being refused and returned at the contractor’s expense. Items that are refused for non-compliance with specifications will be replaced by the Contractor with acceptable items within 21 calendar days. All costs associated with replacement of items due to non-compliance with specifications will be at the Contractor’s expense.

1.2.6. Ordering in cases is not a requirement of this contract. However, contract users will endeavor whenever possible to order items by the case.

1.2.7. Definition of Terms: Where mentioned in the text of the specifications below, the terms noted shall be defined as follows and the items offered must pass the following:

1.2.7.1. Non-Marking – Precision Testing Laboratories PTL 1260 White Card Stock Class 4.0, White Tile Class 4.0 (minimum)

1.2.7.2. Slip Resistant – ASTM F1677-05; Mark II Quarry - Dry 0.35; Wet 0.32 (minimum)

1.2.7.3. Abrasion Resistance Index – ASTM D1630-06, NBS Method Minimum Index 60

1.3. BID ITEMS

1.3.1. Men’s and women’s leather Velcro boot (Not included in this Contract)

1.3.2. Men’s and women’s leather and mesh clear sole Velcro athletic shoe

1.3.3. Men’s and women’s leather and fabric clear sole Velcro athletic shoe (Not included in this Contract)

1.3.4. Men’s and women’s leather solid sole Velcro athletic shoe (Not included in this Contract)

1.3.5. Men’s and women’s leather rubber sole Velcro athletic shoe

1.3.6. Unisex v-strap thong-type shower sandal

1.3.7. Men’s and women’s polyvinylchloride (PVC) slip-on inside/outside sandal (Not included in this Contract)

1.3.8. Men’s and women’s lightweight ethyl vinyl acetate (EVA) slip-on inside/outside sandal

1.3.9. Men’s and women’s slip-on ethyl vinyl acetate (EVA) clog shoe

1.3.10. Men’s Under Armour Lockdown 7 basketball shoe

1.4 ITEM SPECIFICATIONS

1.4.1. Men’s and women’s leather Velcro boot

(This shoe is not included in this Contract)

1.4.2. Men’s and women’s leather and mesh clear sole Velcro athletic shoe

• Upper shall be combination leather and athletic mesh bonded to the outsole with stitching at 2.5 stitches per inch.

• Tongue shall be athletic mesh covered with at least 5 mm foam inside, tricot lined.

• Outsole shall be clear transparent rubber, non-marking, slip resistant, and fully stitched to upper.

• Insole shall be Texon or other suitable material of sufficient thickness to support shoe performance.

• Inside quarter lining shall be Cambrelle, imitation Cambrelle, or other suitable material.

• No metal shall be used in the construction of the shoe.

• Thread will be bonded, black, and made up of Nylon or other suitable material.

• Closure: Two leather straps with Velcro hook & loop closure at least ¾” wide sewn to the outside quarter of the shoe and reinforced as appropriate. Velcro hook and loop shall be sewn to the straps, additional gluing is desirable.

• Two inside closure slots reinforced with stitching.

• All stress bearing seams shall be double stitched.

• Pricing: Per pair

• Color: Black

• Sizes and widths: Men’s sizes 3 to 17 in regular and wide, cross-marked with women’s sizing. Additional sizes and widths as offered.

1.4.3. Men’s and women’s leather and fabric clear sole Velcro athletic shoe

(This shoe is not included in this Contract)

1.4.4. Men’s and women’s leather solid sole Velcro athletic shoe

(This shoe is not included in this Contract)

1.4.5. Men’s and women’s leather rubber sole Velcro athletic shoe

• Upper shall be combination leather and polyurethane of 1.4 to 1.6 millimeters thick with Velcro closure.

• Insole crafted from ethyl vinyl acetate (EVA) for cushioning and covered with Cambrelle, imitation Cambrelle, tricot, or other suitable material.

• Outsole shall be comprised of rubber, non-marking, slip resistant and abrasion resistant.

• Tongue to be padded with Cambrelle, imitation Cambrelle, or other suitable material.

• Inside lining shall be made with Cambrelle, imitation Cambrelle, or other suitable material.

• Ventilation holes shall be present in vamp and on both sides of the shoe.

• No metal shall be used in the construction of the shoe.

• All stress bearing seams shall be double stitched.

• Pricing: Per pair

• Colors: White, Black

• Sizes: Men’s sizes 3 to 17, wide width, cross-marked with women’s sizing. Additional sizes and widths as offered.

1.4.6. Unisex v-strap thong-type shower sandal

• Polyvinylchloride (PVC) or other suitable material construction

• Flip flop, v-strap thong-type design.

• Ridged, serrated, or grid-like insole and outsole for increased traction

• ½ inch wide reinforced v-strap.

• ½ inch thick cushioned sole for comfort.

• Color: Black outsole with white insole and black v-strap

• Pricing: Per dozen pairs same size

• Sizes: Alpha or numeric sizing o Numeric sizes: Men’s sizes 6 to 15, and additional sizes as offered (Bidder to provide conversion from men’s to women’s sizes) or o Alpha sizes: Unisex Small, Medium, Large, X-Large, 2X-Large, and additional sizes as offered.

1.4.7. Men’s and women’s polyvinylchloride (PVC) slip-on inside/outside sandal

(This shoe is not included in this Contract)

1.4.8. Men’s and women’s lightweight ethyl vinyl acetate (EVA) slip-on inside/outside sandal

• Ethyl vinyl acetate (EVA) material of construction.

• Slip-on one piece design that can be worn over socks.

• Sole: Anti-fungal, anti-bacterial, non-marking (PTL 1260 not required), with ridged or serrated insole and outsole for increased traction.

• Colors: Orange required; additional colors as offered.

• Pricing: Per dozen pairs same size

• Sizes: Unisex sizes Small, Medium, Large, X-Large, 2X-Large, and additional sizes as offered.

1.4.9. Men’s and women’s slip-on ethyl vinyl acetate (EVA) clog shoe

• Ethyl vinyl acetate (EVA) material of construction.

• Ventilation holes on upper.

• Heel strap connected with non-metal rivets.

• Sole: Non-marking (PTL 1260 not required), with ridged or serrated insole and outsole for increased traction.

• Colors: Black, Orange

• Pricing: Per dozen pairs same size

• Sizes: Alpha or numeric sizing o Numeric sizes: Men’s sizes 6 to 15, and additional sizes as offered (Bidder to provide conversion from men’s to women’s sizes) or o Alpha sizing: Unisex sizes Extra Small, Small, Medium, Large, X-Large, 2X-Large, and additional sizes as offered.

1.4.10. Men’s Under Armour Lockdown 7 basketball shoe – brand specific only

• Under Armour product number: 3028512

• Color: Black/Metallic Silver

• Sizes: Men’s sizes 7 to 14, regular width.

• Pricing: Per Pair

2 - STANDARD TERMS AND CONDITIONS

State of Ohio Standard Terms and Conditions (revised 03/01/24) will apply to this 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%7CRebecca.Meinert%40das.ohio.gov%7Cff0f09d10a8c49785c4708dc3a0e53f9%7C50f8fcc494d84f0784eb36ed57c7c8a2%7C0%7C0%7C638449080429158109%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=80lXsGGm4SS3qm1oG14RqBByxpMR%2Bcv2NAPHTzicL8k%3D&reserved=0

3 - CONTRACT SPECIFIC TERMS AND CONDITIONS

3.1. AMENDMENTS 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. 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.

3.3. DELIVERY

Supplies will be delivered to the participating agency within 30 days after receipt of order (ARO). The delivery location will be noted on the purchase order issued by the participating agency.

3.4. 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 Code for this solicitation is 53111600 – Shoes.

3.5. BRAND SPECIFIC

Where items are labeled 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.

3.6. 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 Contractor 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 subcontractors 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.

3.7. MINIMUM ORDER

The minimum dollar value of any order placed against a contract awarded pursuant to this bid for delivery F.O.B. destination, transportation charges prepaid and allowed at any one time to one destination, shall not be less than $200.00. 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, no markup or additional fees are permitted.

The receiving agency may require a copy of the freight invoice to substantiate any invoiced freight charges.

3.8. COOPERATIVE PURCHASING CONTRACT

This Contract may be relied upon by Ohio institutions of higher education and Ohio political subdivisions.

Ohio political subdivisions include any county, township, municipal corporation, school district, conservancy district, township park district, park district created under Chapter 1545 of the Revised Code, regional transit authority, regional airport authority, regional water and sewer district, port authority or any other political subdivision as described in the Ohio Revised Code. To qualify to use this Contract the political subdivision must be currently enrolled in the State’s Cooperative Purchasing Program. Purchases made from this Contract by a political subdivision that is not properly registered with the State’s Cooperative Purchasing Program will be a violation of law and may be contrary to the political subdivision’s competitive bidding requirements. If a political subdivision or institution of higher education relies upon this Contract to issue a purchase order or other ordering document, the political subdivision or institution of higher education “steps into the shoes” of the State under this Contract. The political divisions or institution of higher education’s order and this Contract are between the Contractor and the political subdivision or institution of higher education. The Contractor must look solely to the political subdivision or institution of higher education for performance, including payment. The Contractor agrees to hold the State of Ohio harmless with regard to political subdivisions and institution of higher education’s orders and political subdivisions and institution of higher education’s performance. DAS may cancel this Contract and may seek remedies if the Contractor fails to honor its obligations under an order from a political subdivision or institution of higher education.

3.9. 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.

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

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.

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 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.

3.11. FIXED PRICE WITH ECONOMIC ADJUSTMENT

The contract prices will remain firm for the first six months duration of the contract. Thereafter, the Contractor may submit a request to increase their prices to be effective thirty 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”.

3.12. 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.

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 estimated annual usage by the price per item offered to arrive at the extended total for the item.

5.2. CONTRACT AWARD

The contract will be awarded to the lowest responsive and responsible Bidder by line item.

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 calendar days after request 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.

5.4. PRODUCT SAMPLES

Bidders 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 awarding 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 the actual product being delivered that are due to manufacturer changes may be acceptable and shall require prior written approval from DAS.

DAS may require testing during the bid evaluation process to confirm adherence to the detailed specifications outlined in section 1.2.7 of this ITB. If required during the bid evaluation process, Bidders will have seven calendar days to provide the requested test results. The cost of any testing done during the evaluation process will be at the expense of the Bidder.

During the duration of the contract if the using agencies question adherence to these specifications, they may require the Contractor to provide test results proving the item complies with the requirements listed above. If required during the duration of the contract, testing results must be provided within seven calendar days. If found to be non-compliant, the cost of these tests will be at the expense of the Contractor.

If found to be compliant, the cost of these tests will be at the expense of the questioning agency.

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