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: ICE CREAM FOR RESALE AT DNR STATE PARKS
CONTRACT No.: ITB034004
CONTRACT ID: 34004
EFFECTIVE DATES: 4/1/2026 to 3/31/2029
SUPPLIER: UNDEFINED
The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No.
SRC0000034229. 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 Ohio Department of Natural Resources, 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
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1 - SPECIFICATIONS AND REQUIREMENTS
1.1 SCOPE: The Department of Natural Resources (DNR, Agency), is seeking a Contractor to supply and
stock ice cream and related products at the DNR State Park camp store locations listed in Attachment
Two. Bidders must bid the items listed on the OhioBuys item grid and provide access to their complete
product catalog. These products will be displayed for resale in freezers provided by the Contractor (as
applicable). The State reserves the right to add or remove parks at any time during the life of the Contract.
1.2 AGENCY RESPONSIBILITIES
1.2.1 Authorize and assist with determining the locations for the placement of freezers.
1.2.2 Provide an electrical hook up for the freezers at the Agency’s expense.
1.2.3 Provide the number and types of freezers needed for their site. Some parks will require multiple
types of freezers at their location.
1.3 CONTRACTOR RESPONSIBILITIES
1.3.1 Provide ice cream products and supplies, stock freezers to Agency approved levels, and ensure
quality products are being provided.
1.3.2 Ensure that all products offered comply with all applicable Federal, State, and local regulations.
1.3.3 Provide a phone number for customers to use to call in for repair services for the freezers. Freezers
must be repaired or replaced within 24 hours of notification at no cost to the Agency.
1.3.4 In the event of a freezer failing that causes products to become unsafe or unfit for resale, the
Contractor will credit the Agency the value of the affected products.
1.3.5 Provide transportation service for pickup and delivery of freezers at no cost to the Agency. Pickup
and delivery of freezers must be completed within five business days of request.
1.3.6 Ensure all staff working at the sites wear uniform attire with name tags or other identification
indicating they are employees of the Contractor.
1.3.7 Keep track of and provide freezer information to the Agency upon request. This includes the
number of freezers at each location, types of freezers at each location, and any changes to
freezers during the duration of the Contract.
1.3.8
Immediately notify the ordering park should an item become temporarily out of stock, on backorder,
or if delivery cannot be made. No item substitutions will be allowed without authorization from the
ordering park. The authorization will only be applicable for the specified park and only for that
order, unless otherwise specified.
1.4 REQUIREMENTS
1.4.1 Product
1.4.1.1
With the exception of multi-serve containers and bulk packaged cones, product must be
individually wrapped and have wrappers that are feasible for individual resale and display.
Wrappers must be free from any defects including printing errors, tears, and other
damage. Product must be clean, sound, wholesome, and free from foreign material such
as dirt, insect parts, hair, wood, glass, and metal. Product must be no more than 120 days
old prior to delivery. Product must not show any signs of being partially or completely
melted or refrozen.
1.4.1.2 Sundae cups must be in individual portion sized containers and have the ability to be
eaten out of the container with a utensil.
1.4.1.3
Multi-serve containers must be free from any defects that affect the quality of contents
(cracks, holes, or other deformities) or ability to be sold for resale. Tubs must fit into the
Contractor’s designated freezer and must be designed in a way that allows parks to serve
the ice cream in a hand dipped fashion.
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1.4.1.4 Cones must be free of cracks or breaks and have the ability for hand dipped ice cream to
be served in them. Cones must be able to adequately hold ice cream without excessive
sogginess forming. The Agency reserves the right to make this determination.
1.4.1.5 Cartoon variations of ice cream must clearly depict the applicable image, free from
excessive defects such as excessive smear lines, blurry depictions, or other deformity
which affects the overall presentation of the product.
1.4.1.6
The ice cream within the ice cream sandwiches must have a fine, smooth, firm texture
and carry the appearance of creaminess throughout. It must be free from palpable ice
crystals or sandiness. The sandwich must be uniform in its dimensions and not show ice
cream on the exterior of the wafers. The wafers must not be soggy or crumbly.
1.4.1.7 Candy bar variations must be wrapped in a wrapper that clearly shows the name and
brand of the product. The product must be free from cracks, chips, or other defects that
affect the presentation or wholesomeness of the product.
1.4.1.8 Prepackaged cones must be of a drumstick variety; a cone filled with ice cream and
topped with a hardened chocolate shell.
1.4.2 Freezers
1.4.2.1
The Contractor is required to place and maintain fully operational freezers at each
required location at no cost to the customer. The Contractor must offer a variety of
freezers to the parks. At a minimum, these freezer types should include space for multiple
hand dipped and novelty options. Freezers must bear the product trademarks of the
products sold at each location. The Agency reserves the right to deny specific freezers
for any reason.
1.4.2.2 Freezers placed at the locations by the Contractor will be serviced exclusively by the
Contractor.
1.4.2.3 Freezers provided by the Contractor will remain the property of the Contractor and will
exclusively contain the products outlined herein.
1.4.2.4 The Contractor will ensure that their provided freezers comply with all Federal, State, and
local regulations.
1.4.2.5 The Contractor will ensure that all Contractor owned freezers be kept clean in a manner
that is suitable for public display as deemed acceptable by the park, unless otherwise
specified by the park. This includes freezer interior and exterior cleanliness.
1.4.2.6 All maintenance on Contractor owned freezers is the sole responsibility of the Contractor
and must be completed in a manner that causes minimal interruption to daily operations.
Park-owned freezer maintenance is the responsibility of the Agency.
1.4.2.7
Each park reserves the right to, at any time, elect to use or not use the freezers provided
by the Contractor. In the event a park either decides it wishes to start using the
Contractor’s freezer or decides it no longer wishes to use the Contractor’s freezer and
use an owned freezer, the Contractor must remove the existing freezer or deliver a new
freezer within five business days of request.
1.4.3 Delivery
1.4.3.1
As each State Park has different hours and needs that are subject to change, the
Contractor must work with parks to account for their special or changing delivery needs.
Some special delivery needs are denoted on Attachment Two of this Contract. This list of
special delivery needs is not all inclusive and is not limiting to the State in any way.
1.4.3.2
Deliveries must be made in vehicles properly equipped to transport the types of products
listed herein. Vehicles must be equipped so that they keep the products fresh and in
appropriate condition for resale and consumption. In the instance that ice cream is
delivered in a standard that is not approved by the park, the Contractor must replace
these items at no charge to the State.
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1.4.3.3
The Contractor must keep track of all delivery information and provide said information to
parks, as requested. The Contractor will work with each park to define the scope of this
information and provide it in a timeframe that meets the needs of the park. The Agency
anticipates this information primarily being used for the park’s internal inventory systems.
1.4.4 Stocking
1.4.4.1 The Contractor must stock the freezers (park owned and Contractor supplied) to levels
and standards deemed acceptable by the park. These levels may vary based on the
season and the Contractor must work with the parks to keep stocking levels appropriate.
1.4.4.2 When stocking, the Contractor must rotate items in a manner that ensures oldest products
are in the front or on top of the freezer while newer products are behind or below.
1.4.4.3 The Contractor must check items in the freezer for quality assurance every time when
stocking items. This includes checking presentation, expiration dates, and damages to
wrappers. The Contractor will work with the Agency on remedies for quality issues.
1.4.4.4
In the event that an item stays in the freezer beyond its expiration date, it is the
responsibility of the Contractor to remove and replace the item at no cost to the Agency.
Additionally, the Contractor must provide the Agency support in minimizing items lost to
expiration date. This support could include stocking level suggestions and item display
suggestions.
1.4.5 Pricing
1.4.5.1 Bidders must indicate on the OhioBuys item grid a discount offered to parks that do not
require a freezer from the Contractor.
1.4.5.2 Bidders may bid an additional delivery charge on the OhioBuys item grid for parks
requiring ferry access. Ferry fees will not be reimbursed.
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 - 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 will be delivered to the participating agency within five days after receipt of order. The delivery location
will be noted on the purchase order issued by the participating agency.
3.4 - FDA REGISTRATION
By submitting this Bid, the Bidder is certifying, pursuant to the Public Health Security and Bioterrorism
Preparedness and Response Act of 2002 (the Bioterrorism Act), that all domestic and foreign facilities that
manufacture, process, pack or hold food for human or animal consumption in the United States are registered
with the Food & Drug Administration (FDA). This registration includes owners, operators, or agents in charge
of domestic or foreign facilities that manufacture/process, pack, or hold food for human or animal consumption
in the United States. All domestic facilities, whether or not food enters interstate commerce, are required to
register. Facilities may complete their registration with the FDA online at:
http://www.fda.gov/food/guidanceregulation/foodfacilityregistration/default.htm
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3.5 - FIXED PRICE WITH ECONOMIC ADJUSTMENT
The contract price(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 - SITE VISIT
Prior to submitting their bid response, the Bidder should visit the sites in order to survey the facilities and to
become familiar with the requirements of the bid. Sites are open to the public and may be visited during open
hours. Once a Contract is awarded, failure of the bidder to have visited a site to become familiar with the facility
and requirements of the bid will be insufficient reason to support any request to be released from the Contract.
5.2 - 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
will deem the bidder not responsive.
5.3 - 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 will result in the bidder being deemed
not responsive. After award of the contract, the samples will be used as a basis of comparison with actual
product delivered under contract. Any variation between the samples and product being delivered will be
considered as an event of default. Any variations between the samples and actual product being delivered that
are due to manufacturer changes may be acceptable and shall require prior written approval from DAS.
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This page summarizes the opportunity, including an overview and a preview of the attached documents.