RSI027537_Contract_rev.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: FIREARMS, AMMUNITION, AND OTHER LAW ENFORCEMENT

RELATED SUPPLIES, CATEGORY 10 ONLY

CONTRACT No.: RSI027537

CONTRACT ID: 27537-A2

EFFECTIVE DATES: 4/1/2025 to 3/31/2028

SUPPLIER: Kiesler Police Supply Inc

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

SRC# 000022306. The evaluation of the bid responses 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 48 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:______________________________________________________________________

Ella Kennedy, Bid Specialist Date

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 procurement of firearms, ammunition, and other related law enforcement supplies for Ohio State agencies, State institutions of higher education, and properly registered members of the Cooperative Purchasing Program through the Department of Administrative Services. These additional supplies will cover a range of products including holsters, firearms accessories, protective equipment, munitions, less lethal munitions, batons, restraints, and handcuffs. Items in Categories 1 through 9 of this ITB will be for brand specific items only. For Category 10, bidders must provide a catalog for items meeting the requirements and detailed specifications of this ITB in order to be considered for award.

1.2 REQUIREMENTS:

1.2.1 All ammunition and less lethal munitions shall be factory new and shall be manufactured within the United States only. No reloaded or remanufactured cartridges, shells, or cannisters will be accepted.

1.2.2 Ammunition shell casings must be brass except for the Defense Technology ammunition in category 5 of this ITB. No alternatives will be accepted.

1.2.3 All ammunition offered must meet the specifications of the American National Standards Institute (ANSI) and Sporting Arms and Manufacturer’s Institute (SAAMI) for the caliber or shell size specified. SAAMI standards Z299.1, Z299.3 and Z299.4 apply to the items in this bid.

1.2.4 All ammunition and other items offered must be packaged in accordance with industry standards and State and Federal requirements.

1.3 CATEGORIES

Category 1: Firearms and Accessories– Brand specific only (Not included in this Contract)

Category 2: Winchester Ammunition – Brand specific only (Not included in this Contract)

Category 3: Hornady Ammunition – Brand specific only (Not included in this Contract)

Category 4: Federal Ammunition – Brand specific only (Not included in this Contract)

Category 5: Defense Technology Ammunition – Brand specific only (Not included in this Contract)

Category 6: Holsters – Brand specific only (Not included in this Contract)

Category 7: Weapon Lights – Brand specific only (Not included in this Contract)

Category 8: Restraints and Batons – Brand specific only (Not included in this Contract)

Category 9: Accessories – Brand specific only (Not included in this Contract)

Category 10: General ammunition, training munitions, and less lethal items

1.4 DETAILED SPECIFICATIONS

1.4.1 Category 1: Firearms and Accessories – Brand specific only

(Not included in this Contract)

1.4.2 Category 2: Winchester Ammunition – Brand specific only

(Not included in this Contract)

1.4.3 Category 3: Hornady Ammunition – Brand specific only

(Not included in this Contract)

1.4.4 Category 4: Federal Tactical Ammunition – Brand specific only

(Not included in this Contract)

1.4.5 Category 5: Defense Technology Ammunition – Brand specific only

(Not included in this Contract)

1.4.6 Category 6: Holsters – Brand specific only

(Not included in this Contract)

1.4.7 Category 7: Weapon Lights – Brand specific only

(Not included in this Contract)

1.4.8 Category 8: Restraints and Batons – Brand specific only

(Not included in this Contract)

1.4.9 Category 9: Accessories – Brand specific only

(Not included in this Contract)

1.4.10 Category 10: General ammunition, training munitions, and less lethal items

The items in Category 10 of this ITB consist of ammunition, crowd control equipment, security items, training rounds, and less lethal munitions. Bidders must submit the catalog template found in the questionnaire for this bid with detailed product information for all products they can offer within the scope of this Contract. Bidder must submit the catalog as part of their bid response for Category 10 in order to be considered for award. Catalog requirements are as follows:

1.4.10.1 Bidders shall provide a catalog containing at least one of the following types of law enforcement items:

a. General law enforcement ammunition: centerfire and rimfire handgun ammunition, centerfire and rimfire rifle ammunition, and shotgun ammunition for duty and training purposes.

b. Training munitions: handgun, shotgun, and rifle conversion kits, as well as marking and non-marking cartridges, protective equipment, accessories, spare parts, and related items.

c. Law enforcement less lethal munitions: aerosol projectors, defense aerosols, pepper fog generators, chemical agent devices, less lethal impact munitions, launchers, warning, signaling, and distraction devices, vapor and smoke grenade munitions, breeching tools, and related items.

d. Less lethal and non-lethal supplies: baton attachments, restraints, handcuffs, flashlights, non-lethal training guns, training supplies and support items, as well as other related items and accessories.

1.4.10.2 None of the items in Categories 1 through 9 listed above shall be included in the catalogs provided by Bidders for Category 10 of this contract.

1.4.10.3 Bidders may offer tiered pricing based off volume of product ordered if they choose to.

Tiered pricing must be entered in columns AC through AL of the catalog template in the questionnaire for this bid.

Failure to provide a catalog which meets the requirements listed above may deem the bid not responsive and result in the disqualification of the bid with no consideration of award for Category 10 of this ITB.

2 - STANDARD TERMS AND CONDITIONS

The State of Ohio Standard Terms and Conditions (revised 03/01/24) govern this Contract and are incorporated as if fully rewritten herein.

3 - CONTRACT SPECIFIC TERMS AND CONDITIONS

3.1 - AMENDMENT TO CONTRACT TERMS AND CONDITIONS

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

3.2 - 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 in Categories 1 through 5 and 10 will be delivered to the participating agency within 90 days after receipt of order (ARO). Supplies in Categories 6 through 9 will be delivered to the participating agency within 60 days ARO. The delivery location will be noted on the purchase order issued by the participating agency.

3.4 - BRAND SPECIFIC – CATEGORIES 1 THROUGH 9 ONLY

The items listed in Categories 1 through 9 of this ITB 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 - CATEGORY 10 - COMPETITIVE SELECTION – TWO PHASE AWARD-QUOTE

This category 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.

3.6 - 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. Bidders may offer minimum order values by manufacturer. 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 all Federal brand ammunition is 3 cases, any mix. There is no minimum order value for the other products included in this Contract.

3.7 - WARRANTY REQUIREMENTS – CATEGORY 1: FIREARMS AND ACCESSORIES ONLY

The Contractor must provide lifetime warranty against manufacturing defects.

https://procure.ohio.gov/static/TCond/Standard_T_C%203-1-24.pdf

3.8 - 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.

3.9 - 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.

3.10 - 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.

3.11 - FIXED PRICE WITH ECONOMIC ADJUSTMENT

The contract prices 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”.

3.12 - 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 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 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.

3.13 - 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 3/4 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.

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.

https://das.ohio.gov/about/about-us/office-of-finance/revenue-share-form https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fepay.das.ohio.gov%2FPayment&data=04%7C01%7CKyle.Bailey%40das.ohio.gov%7C02d1b0edb8364f8786b608d9c932880d%7C50f8fcc494d84f0784eb36ed57c7c8a2%7C0%7C0%7C637762041128928674%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=Ww93pltT3l9Shi5%2F0auHZEtV94vVqkCpVW4rja0KPoU%3D&reserved=0

3.14 - ALTERNATE DELIVERY

In circumstances where the anticipated lead time for the products in this Contract will exceed the delivery requirements set forth in Contract section 3.3 DELIVERY, the Contractor will work with the ordering agency to establish a mutually agreed upon alternate delivery date. The Contractor must notify the ordering agency in writing as soon as they are made aware that products will not be arriving in time to meet the delivery lead time required in Contract section 3.3 DELIVERY. Any request for an alternate delivery date must be accompanied by documentation from the manufacturer illustrating the affected item lead times and the date the Contractor placed the order with the manufacturer to corroborate the need for an alternate delivery date.

4 - INVITATION TO BID INSTRUCTIONS

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

5 - SPECIAL INSTRUCTIONS TO BIDDERS

5.1 - EVALUATION – CATEGORIES 1 THROUGH 9

Bids for categories 1 through 9 of this solicitation will be evaluated in accordance with Article I-15 of the “Instructions to Bidders”. In addition, the State will multiply the unit cost offered in the “Tier #4 Unit Price” column on the item grid for each item by the estimated usage listed in the item grid and add these amounts to arrive at a total for the category to determine the lowest responsive and responsible bidder for that category.

5.2 - CONTRACT AWARD – CATEGORIES 1 THROUGH 9

The contract will be awarded to the lowest responsive and responsible bidder by category of product for categories 1 through 9 of this solicitation. Failure to bid all items may result in the bidder being deemed not responsive. Bidders may be awarded more than one category.

5.3 - EVALUATION – CATEGORY 10

Bids for category 10 of this solicitation will be evaluated in accordance with Article I-15 of the “Instructions to Bidders”. In addition, the State will evaluate bids for category 10 in terms of their conformance with the bid specifications in Section 1.4.10.

5.4 - CONTRACT AWARD – CATEGORY 10

A Contract will be awarded to all responsive and responsible bidders who offer catalogs which comply with Contract Section 1.4.10.

5.5 - MANUFACTURER OR AUTHORIZED DISTRIBUTOR

Bidders must be an authorized distributor or manufacturer of the items they are bidding. Bidders may be required to submit documentation with their bid response certifying that they are the manufacturer or an authorized distributor of the manufacturer of the items being bid via the Questionnaire. If requested, Bidders shall submit certification attesting that they are the manufacturer, or an authorized distributor of the items being bid. This certification must be on the manufacturer’s letterhead, signed by a duly authorized employee of the manufacturer.

If not provided as part of the bid response, the Bidder must provide said statement within seven business days after request/notification by the Office of Procurement Services. Failure to submit the certification within the stated time period may result in the bid response being deemed as not responsive.

5.6 - TIERED PRICING

The pricing for the items in this Contract is tiered pricing. The volume breaks are as follows:

TIER # TIER QUANTITIES

1 1 – 10 Units

2 11 – 49 Units

3 50 – 99 Units

4 100 + Units https://procure.ohio.gov/pdf/OhioBuys_ITB_Instructions_to_Bidders_030921.pdf

6 - SUMMARY OF AMENDMENTS

Amendment Number

Effective Date Description

2 10/03/25 This amendment is issued to update the product catalog to correct a product number, effective with all orders issued on or after 10/03/25.

1 05/07/25 This amendment is issued to update the product catalog, effective with all orders issued on or after 05/07/25. This amendment is also issued to add an amendments section to the contract.