CTR006666-A1_RSI006666_Contract_V1.pdf

STATE OF OHIO

DEPARTMENT OF ADMINISTRATIVE SERVICES

GENERAL SERVICES DIVISION

OFFICE OF PROCUREMENT SERVICES

4200 SURFACE ROAD, COLUMBUS, OH 43228-1395

OPTIONAL USE CONTRACT FOR: Paint and Paint Supplies

CONTRACT No.: RSI006666

CONTRACT ID: 6666

EFFECTIVE DATES: 1/1/2022 to 12/31/2024

*RENEWAL THROUGH: 12/31/2026

SUPPLIER: THE SHERWIN-WILLIAMS COMPANY

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No. SRC0000001617 that opened on 11/05/21. 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 12/31/26 unless the Contracting Agency determines that additional renewal is necessary.

This Requirements Contract is available to all state agencies 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 Ohio|Buys public portal at the following address:

https://supplier-emarketplace.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

Signed: _____________________________________________________________________

Kathleen C. Madden, Director Date

*Indicates a 12 month mutual renewal.

https://supplier-emarketplace.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

1 - SPECIFICATIONS AND REQUIREMENTS

1.1. SCOPE: The purpose of this bid and any subsequent contract is to secure Contractor(s) who can provide the paint and painting supplies for all state agencies and the properly registered members of the Cooperative Purchasing Program of the Department of Administrative Services.

1.2. GENERAL REQUIREMENTS

1.2.1 ITEM CLASSIFICATION: These requirements include but are not limited to the paint and paint supply categories listed below.

1. Paint – Direct to Metal

2. Paint – Interior Latex Complete Color Line

3. Paint – Exterior Latex Complete Color Line

4. Paint – Interior/Exterior Latex Complete Color Line

5. Paint – Interior/Exterior Complete Color Line – Zero VOC

6. Paint – Interior/Exterior Complete Color Line – Alkyd

7. Paint – Epoxy – Complete Color Line

8. Paint – Aerosol Industrial, Rust Prevention

9. Paint- Primer

10. Paint Roller Covers

11. Paint Roller Pans

12. Paint Frames

13. Brushes

14. Drop Cloths, Canvas

15. Drop Cloths, Plastics

16. Painter’s Tape

1.3. CONTRACTORS REQUIREMENTS

1. Contractor will make available on this contract all their catalog items. Certain items may not be purchased against this contract due to Ohio laws. Items needing to be blocked or unblocked for any specific reason will come at the sole discretion of the DAS. All requests must be submitted in writing specifying the item number and reason for the request. Any items being blocked or unblocked must be done no later than 48 hours from the time of the request. Any items being blocked or unblocked will be reconciled in a quarterly amendment.

2. Pricing for products offered are not to exceed supplier’s retail pricing.

3. Contractor must have the capability to post or advertise an online catalog and include a discount off that catalog.

1.4. SPECIFICATIONS: All bids must meet the following requirements:

1.4.1 STANDARD COLORS

1. All bids shall be based on a complete color line paint, on the line offered, in order to evaluate on the same basis.

2. Each product offered and furnished shall be a standard first quality product offered to the general public and listed in the bidder’s catalog and/or price list(s). No additions to the list may be made and no specially prepared (non-standard) catalog numbers or labels may be used. Labels and formulations of the items furnished must agree with those of the items offered.

3. All paint furnished must be packaged and shipped in new, strong metal of HDPE plastic containers, no different than the regular shelf items.

4. The manufacturer’s brand or trade name, catalog number, type, color analysis of the contents and complete directions for use must be printed on the label.

1.4.2 FINISHED PAINT CHARACTERISTICS

1. Paints must have the following characteristics:

a. Latex Paint must be capable of being applied in temperatures between 50F and 95F.

b. Latex Paint shall have a vehicle by weight of no more than 60% water.

c. Latex Paint shall have a minimum coverage rate of 350 sq. ft. per gallon.

d. Acrylic paint shall have a vehicle by weight of no more than 50% water and additives.

e. Acrylic paint shall have a vehicle by weight of not less than 50% acrylic resin.

2. The paint shall be free from foreign materials such as dirt, sand, fibers from bags or other materials capable of clogging screens, valves, pumps and other equipment used in an airless paint apparatus.

3. The paint pigment shall be well ground and be properly dispersed in the vehicle.

4. The paint shall retain all specified property under normal storage conditions for eight (8) months after acceptance and delivery.

5. The paint shall comply with all air pollution control rules and regulation in effect at the time the paint is manufactured.

6. The paint shall be capable of being cleaned up and out of equipment with soapy water.

7. The manufacturer/distributor(s) must provide a written certification that materials providing it meets or exceed the federal specification for paint materials, except where other product identification is used.

8. The bidder(s), by signing this bid, certifies the products offered are products that are represented and offered for sale to the general public as first-quality products in their lines and have been offered for sale to the general public by catalog number, or item number as shelf items. Composition of all items offered may be required of the apparent low bidder(s).

9. All paints furnished shall be manufactured and labeled to comply with all current federal, including EPA, FDA (if applicable) USDA (if applicable), and state laws and regulations in effect at time of delivery.

1.4.3 PACKAGING, PACKING AND MARKING

1. The successful bidders will be responsible for the following packing provisions:

a. All shipping containers must comply with any applicable federal, state and local regulations.

b. All containers must be properly sealed and show no evidence of leaking for a period of eight (8) months.

c. The successful bidders shall be responsible for replacing containers unfit for use and will be responsible for all costs incurred in replacing the paint and containers.

d. All containers shall be labeled showing the specification number, manufacturer’s name, date of manufacture, color, manufacturer’s batch number and type of product.

e. The manufacturer of the paint shall be responsible for proper shipping labels with reference to whether the contents are toxic, corrosive, flammable, etc. per federal guidelines.

f. Five (5) gallon plastic containers must have removable and airtight reusable lids. Container must be fabricated from a quality grade plastic.

2. All products must be delivered/received in an undamaged condition in manufacturer's original sealed containers, complete with labels and instructions for handling, storing, unpacking, protecting, and use.

Packaging shall bear the manufacturer’s label with the following information:

a. Product name and type (description)

b. Batch date

c. Color number

d. VOC content

e. Environmental handling requirements

f. Surface preparation requirements

g. Application instructions

1.4.4 MANUFACTURER/DISTRIBUTOR

Bidders must be a paint manufacturer or an authorized manufacturer’s distributor for a paint manufacturer capable of providing batch sizes consistent with quantities to be delivered under this Contract. Non-paint items may be sourced from non-paint manufacturers.

1.4.5 SHIPPING AND DELIVERY

1. All pricing on the Pricing Schedule is for pick-up at Contractor locations.

2. All shipping/delivery charges provided to customers must be F.O.B. Destination, Added.

Shipment is to be made by private or commercial freight service provider, air, rail, water, parcel post, express or, commercial package delivery, whichever is the most economical and expeditious method for proper delivery of the item. Failure of the Contractor to utilize the most economical mode of transportation shall result in the Contractor reimbursing the ordering agency the difference between the most economical mode of transportation and the mode of transportation used by the Contractor. Failure to reimburse the ordering agency shall be considered as a default.

3. Any requested shipping/delivery charges must be provided in advance and itemized on the invoice.

2 - STANDARD TERMS AND CONDITIONS

State of Ohio Standard Terms and Conditions (revised 9/8/21) will apply to this Contract.

3 - SPECIAL CONTRACT 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 - *

3.3 - FIXED-PRICE WITH COST ADJUSTMENT

During the life of the contract, there may be a new catalog published and/or price list thereto. In this event, it will be necessary for the Contractor to supply the Office of Procurement Services with one (1) copy of each as applicable. Pricing contained in the new catalog and/or price list will become effective thirty (30) days after receipt of notice by the Office of Procurement Services. Thereafter, state agencies may obtain the new catalog and/or price list from the Contractor.

3.4 - FIXED PRICE WITH ECONOMIC ADJUSTMENT

The contract prices(s) will remain firm for the first six (6) months duration of the contract. Thereafter, the Contractor may submit a request to increase their price(s) to be effective thirty (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”.

* The paragraph, “Competitive Selection - Two Phase Award-Quote,” has been removed.

https://procure.ohio.gov/pdf/Standard_t_c_090821.pdf

3.5 - 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.

3.6 - 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 Ohio|Buys and must report the quarterly dollar value of sales to Cooperative Purchasing Members to the Department of Administrative Services (DAS) via the Internet using Ohio|Buys 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.

3.7 - CONTRACTOR REVENUE SHARE

The Contractor must pay the Department of Administrative Services (DAS) a revenue share of the sales transacted under this Contract. The Contractor must remit the revenue share in U.S. dollars within thirty (30) days after the end of the quarterly sales reporting period. The revenue share equals 0.75% of the total quarterly sales reported. The revenue share is included in the contracted price(s) and reflected in the total amount charged to ordering agencies which includes both state agencies and Cooperative Purchasing Members using this Contract.

The Contractor must remit any monies due as the result of the close-out report at the time the close-out report is submitted to DAS. The Contractor may pay the revenue share amount due by check or, online with a credit card by visiting:

epay.das.ohio.gov/Payment.

For payments made by credit card, the Contractor must provide the Quarterly Sales Report and Revenue Share Remittance forms to csc@ohio.gov.

For payments made by check, the Contractor must make the check payable to: Treasurer, State of Ohio and forward the check to the following address:

Department of Administrative Services

L-3686

Columbus, OH 43260-3686

To ensure the payment is credited properly, the Contractor must identify the check as a “Revenue Share” and include the Quarterly Sales Report and Revenue Share Remittance form.

If the full amount of the revenue share is not paid within thirty (30) calendar days after the end of the applicable reporting period, the non-payment constitutes a debt to the State. The State may either initiate withholding or setting off payments or employ the remedies available under Ohio law for the non-payment of the revenue share.

If the Contractor fails to pay the revenue share in a timely manner, DAS may terminate this Contract.

3.8 - PROHIBITION OF THE EXPENDITURE OF PUBLIC FUNDS FOR OFFSHORE SERVICES

*No State Cabinet Agency, Board or Commission will enter into any contract to purchase services provided outside of the United States or that allows State data to be sent, taken, accessed, tested, maintained, backed-up, stored, or made available remotely outside (located) of the United States, unless a duly signed waiver from the State has been attained. Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid for services the Contractor performs outside of the United States for which it did not receive a waiver. The State does not waive any other rights and remedies provided to the State in the Contract.

Further, no State agency, board, commission, State educational institution, or pension fund will make any purchase from or investment in any Russian institution or company. Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid to Contractor for purchases or investments in a Russian institution or company in violation of this paragraph. The provisions of this paragraph will expire when the applicable Executive Order is no longer effective.

The Contractor must complete the Contractor/Subcontractor Affirmation and Disclosure Form (https://procure.ohio.gov/pdf/EO2022-02D/04-Affirmation%20and%20Disclosure%20Form_3-4-22.pdf) affirming the Contractor understands and will meet the requirements of the above prohibition. During the performance of this Contract, if the Contractor changes the location(s) disclosed on the Affirmation and Disclosure Form, Contractor must complete and submit a revised Affirmation and Disclosure Form reflecting such changes.

4 - INVITATION TO BID INSTRUCTIONS

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

5 - SPECIAL INSTRUCTIONS TO BIDDERS

5.1 - DESCRIPTIVE LITERATURE

The Bidder should submit descriptive literature of the supplies or services being offered. This may include SDS sheets. The literature may 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 (7) 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.

*Indicates the updating of the PROHIBITION OF THE EXPENDITURE OF PUBLIC FUNDS FOR OFFSHORE SERVICES language by mutual agreement.

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

5.2 - EVALUATION

Bids will be evaluated in accordance with Article I-15 of the “Instructions to Bidders”. In addition, the state will: Low lot total will be determined by multiplying the unit cost by the estimated usage listed in the bid and then adding each of the totals together to arrive at a total for all items. Failure to bid all items may result in the bidder being deemed not responsive.

5.3 - CONTRACT AWARD

The contract will be awarded to the lowest responsive and responsible bidder by low lot total. Low lot total will be determined by multiplying the unit cost by the estimated usage listed in the bid and then adding each of the totals together to arrive at a total for all items. Failure to bid all items may result in the bidder being deemed not responsive.

6 - SUMMARY OF AMENDMENTS

Amendment

Number

Effective

Date Description

1 01/01/25

This amendment is issued to notify that as a result of mutual agreement between the State of Ohio and the Contractor, this contract is renewed for an additional 12 months, effective 01/01/25 through 12/31/26. All other prices, terms and conditions remain unchanged.

Additionally, this amendment is issued to update the pricelist, dated 01/01/25, effective with all orders issued on or after 01/01/25, add the Summary of Amendments to the Contract, and update the Prohibition Of The Expenditure Of Public Funds For Offshore Services language by mutual agreement.