CTR009097-A1_MAC062_ITB009097_Rev_Contract_V1__5_.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: ENVIRONMENTAL ANALYTICAL LABORATORY SUPPLIES AND SERVICES

CONTRACT No.: ITB009097

CONTRACT ID: CTR009097

EFFECTIVE DATES: 07/01/22 to 06/30/25

*Renewal through 06/30/26

SUPPLIER: EUROFINS ENVIRONMENT TESTING NORTH CENTRAL, LLC.

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No. SRC0000002800. 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 06/30/28 unless the Contracting Agency determines that additional renewal is necessary. This Requirements Contract is available to all State Agencies 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.

*Denotes 12 month renewal, per Amendment 1.

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

For EUROFINS ENVIRONMENT TESTING NORTH CENTRAL, LLC.:

Signed: _____________________________________________________________________

Michael Bergmann, Business Unit Manager

For the OHIO DEPARTMENT OF ADMINISTRATIVE SERVICES:

Signed: _____________________________________________________________________

Kathleen C. Madden, Director

1 - SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE:

1.1.1. The State of Ohio is responsible for protecting health and improving the quality of the environment for present and future generations through prevention, identification, investigation, regulation, and remediation of chemical and petroleum hazards in waste and environmental media. To fulfill this responsibility, the State has historically contracted with a laboratory to perform testing on environmental samples collected by Agency representative and their contractors.

1.1.2. During the term of the Contract, the Contractor(s), at the direction of the State, through the Director of the Agency or his or her designee, will provide supplies, analytical services, reports, and technical assistance to the Agency personnel or its contractors for the chemical or physical characterization of soil, water, sediment, soil gas, air, waste, oil, or non-aqueous material. The Contractor(s) or its subcontractors must provide the services listed in the Price Schedule.

1.1.3. The Contractor(s) and its subcontractors agree to the following:

1.1.3.1. Sample containers and labels.

1.1.3.2. Preservatives.

1.1.3.3. Coolers and custody seals.

1.1.3.4. Chain-of-Custody (COC) forms.

1.1.3.5. Trip blanks with preservatives.

1.1.3.6. Samplers and sampling kits for volatile organic compound (VOC) analysis of soils (e.g., EnCore®

Samplers, Terra Core™ Samplers, etc.), Tedlar® bags, summa canisters, and flow regulators

1.1.3.7. Account numbers and forms for commercial carriers, and/or laboratory courier service (if available).

Note: The unit price for each method will not include the costs for providing sampling supplies which include the soil VOC samplers and sampling kits, Tedlar® Bags, summa canisters, or flow regulators. The Contractor(s) or its subcontractor(s) is still required to provide these supplies, however, the Contractor(s) must bill the Agency separately for providing these supplies at the unit price listed in Cost Schedule Form.

Note: The Contractor(s) or its subcontractor(s) will not be responsible for paying shipment of samples classified as Dangerous Goods. The State will assume all costs for shipping samples as Dangerous Goods.

1.1.4. Provide for sample receipt Monday through Friday from 9:00 am to 6:00 pm Eastern Standard Time (EST) with occasional Saturday delivery. Saturday hours will be arranged based on the delivery times of the commercial courier or the State Agency personnel. Some agencies may need to arrange for sample delivery outside of the Contractor’s normal business hours.

1.1.4.1. Maintain chain-of-custody procedures and documentation to ensure traceability of all personnel handling or transferring samples to the Contractor or its subcontractor(s) including monitoring of sample custody within the Contractor’s and subcontractor(s) facilities; (i.e. internal chain-of-custody procedures).

1.1.4.2. Provide for analysis of samples using the tests listed in the Price Schedule.

1.1.4.3. Provide analytical reports within requested turn-around-time (TAT).

1.1.4.4. The standard TAT requested by the State is thirty (30) calendar days. The Contractor must e-mail the final analytical report, in PDF format to the Agency by the 3:00 p.m. EST on the thirtieth (30th) day, in order to avoid assessment of penalties as directed in 1.2.3.

1.1.4.5. *All TATs begin the day that samples are received at the Contractor or subcontractor’s laboratory. The following expedited TATs (hereafter referred to as “rush TATs”) may be requested by the Agency at:

Fourteen (14) calendar days, Seven (7) calendar days, Three (3) calendar days, Two (2) calendar days, or One (1) calendar day.

The Contractor or subcontractor may determine in accordance with section 1.3.7 that the requested rush TAT cannot be met and renegotiate the TAT with the Agency. The renegotiated TAT begins on receipt of written correspondence from the Agency agreeing to the renegotiated TAT.

Note: The sample estimates provided in the Price Schedule include samples for rush TATs; however, the State is unable to provide a specific number or percentage of samples requiring rush TATs due to the nature of our work.

1.1.5. Provide for a Level II analytical report for all routine analyses, unless requested by the Agency to provide for a Level III report. The costs associated with providing a Level II report are to be included in the unit price per test listed in the Price Schedule. The Contractor may bill the Agency for Level III reports at the unit price listed in the Price Schedule.

1.1.5.1. Level II and III analytical reports will include the following:

1.1.5.1.1. Level II Analytical Report

1.1.5.1.1.1. Site name and the Agency’s sample control number.

1.1.5.1.1.2. Name of the Agency’s laboratory coordinator/designee.

1.1.5.1.1.3. Field sample numbers cross-referenced to associated laboratory sample numbers.

1.1.5.1.1.4. Project narrative (a.k.a. case narrative) describing tests used by the Contractor or subcontractor(s) and issues with sample receipt or analysis.

1.1.5.1.1.5. Bench sheets (only required for methods used for the analysis of hazardous waste characteristic testing);

1.1.5.1.1.6. Sample results with units, method detection limits (MDL), reporting limits (RL), dates (i.e.

receipt, preparation, and analysis), surrogates, and quality control (QC) limits.

1.1.5.1.1.7. QC narrative discussing QC outliers and corrective actions taken by the Contractor or subcontractor(s).

1.1.5.1.1.8. QC samples along with preparation and analysis dates, results, units, and QC limits.

1.1.5.1.1.9. Copy of the completed chain-of-custody form.

1.1.5.1.1.10. Copy of cooler receipt form.

1.1.5.1.1.11. Signed statement by either the Laboratory Manager, Quality Assurance Manager, or

Project Manager.

1.1.5.1.1.12. Manager attesting to the validity of the analytical results.

1.1.5.1.1.13. Signed and notarized affidavits for all Voluntary Action Program projects.

1.1.5.1.2. Level III Analytical Report (provide only upon request by Agency

1.1.5.1.2.1. All elements listed in section 1.1.5.

1.1.5.1.2.2. Initial calibration.

*Denotes update to Section 1.1.4.5, per Amendment 1.

1.1.5.1.2.3. Continuing calibration.

1.1.5.1.2.4. Chromatograms, if applicable.

1.1.5.1.2.5. Post-digestion spike or dilution standard result, if applicable.

1.1.5.1.2.6. Copies of all worksheets used to calculate samples results, recoveries, or any values generated during the analysis.

1.1.5.1.2.7. Internal standard recoveries for all samples and standards.

1.1.5.2. Provide a written list of samples requiring disposal to the Agency laboratory coordinators/designees. The Agency will respond, in writing, identifying those samples approved for disposal. Samples not designated for disposal must be stored at the laboratory under chain-of-custody until the Agency provides a list of samples that may be disposed or the State assumes custody of the samples.

1.1.5.3. The Contractor and its subcontractors are responsible for disposing of all samples and waste in accordance with all federal and state laws, regulations. Nothing in this paragraph will be construed to create or shift liability to the state of Ohio for disposal of the samples or to be construed to affect any of the provisions contained in this Contract.

1.2. SPECIAL SERVICES

1.2.1. The Contractor and its subcontractors agree to the following special services upon request by the Agency.

1.2.2. Provide access to their laboratories for the purpose of conducting system audits to determine compliance with the contract.

1.2.3. Provide testimony in a court-of-law to support the validity of sample results and procedures used by the Contractor or its subcontractors. All personnel time will be reimbursed in accordance with section 1.6.1. All travel expenses will be reimbursed in accordance with section 1.6.2.

1.2.4. Provide for analytical services by a laboratory in the National Environmental Laboratory Accreditation Program and certified in the State’s Drinking Water Program. Because of this requirement, the Contractor may need to subcontract additional tests not currently marked as tests for subcontracting in the Price Schedule. Tests currently approved for subcontracting are marked with an “X” in the Price Schedule. The State must approve of any subcontracting outside of the Contractor’s corporation.

1.2.5. Retrieve, compile, copy, and send additional documentation as requested by the State. All costs associated with performing such requests will be reimbursed in accordance with section 1.6.3.

1.2.6. Provide for sample collection and preparation of soil samples in accordance with the most recent version of the Incremental Sampling Methodology Document published by the Interstate Technology and Regulatory Council.

1.2.7. Retain all documents, data, and logbooks generated in connection with the work performed under this contract for a period of ten (10) years from the date it was initially generated. The contractor and its subcontractors must notify the State in writing of any intentions to dispose of such records.

1.2.8. Sample pick-up by the Contractor’s laboratory courier service, when needed. A “laboratory courier” will transport the State samples to the laboratory. Pick-up locations will be determined by each Agency (e.g. Ohio EPA pick-ups may include their five (5) district office locations, the Groveport field office, and field sampling locations throughout the state of Ohio).

1.2.9. Provide refrigerated (if needed) and locked storage for all samples submitted by Special Investigations Unit

(SIU).

1.2.10. Provide analytical services and reports using Agency-specified Reporting Limits and Quality Control Limits on an as needed basis.

1.3. COORDINATION OF LABORATORY SERVICES BETWEEN THE STATE AND THE CONTRACTOR

1.3.1. Upon award of a contract, the State will provide to the Contractor the names of the Agency’s laboratory coordinators / designees including telephone numbers, facsimile numbers, email and mailing addresses. These http://www.itrcweb.org/Guidance/ListDocuments?topicID=11&subTopicID=16 individuals will coordinate laboratory services including ordering supplies, receiving analytical reports/invoices, and resolving technical disputes.

1.3.2. The Contractor will also provide contact information including names, telephone numbers, facsimile numbers, email and mailing addresses for the laboratory personnel responsible for coordinating services under this contract. The Contractor is also responsible for coordinating services with its subcontractors.

1.3.3. The Agency may contact the Contractor two to seven calendar days prior to delivering samples to:

1.3.3.1. Notify the Contractor of the projected sample numbers per matrix and method and project delivery date;

1.3.3.2. Arrange for TATs as listed in section 1.1.4.3.

1.3.3.3. Coordinate any other special needs.

1.3.3.4. Request sampling supplies or account information as listed in section 1.1.3.1.

1.3.3.5. Arrange for pick-up by the laboratory courier as provided in section 1.2.8, when needed.

1.3.4. The Agency is responsible for notifying the Contractor of any changes in sample number, matrix, methods, or delivery date or time if the information changes after the original notification.

1.3.5. NOTE: There may be time when an Agency such as the Ohio EPA’s SIU and Emergency Response (ER) Units may not be able to provide the notice discussed above. The Agency’s units - SIU and ER will call the Contractor to notify them of the time and date of sample delivery.

1.3.6. The Agency may include the following information on chain-of-custody forms:

1.3.6.1. Site name and/or project number.

1.3.6.2. Sample numbers assigned to each sample.

1.3.6.3. Sample matrices including any preservative.

1.3.6.4. Date and time samples were collected.

1.3.6.5. Sample tests.

1.3.6.6. Number of containers and type for each sample.

1.3.6.7. Standard or rush TAT.

1.3.6.8. Name of the Agency’s laboratory coordinator/ designee and mailing address as discussed in section 1.3.1

1.3.6.9. Signature of sampler along with date and time the chain-of-custody form was completed.

1.3.6.10.Historical information regarding chemicals-of-concern and suspected concentrations.

1.3.6.11. Any certification requirements (e.g., Voluntary Action Program).

1.3.6.12. Analytical report level (e.g.; Level II or Level III).

1.3.7. The Contractor will notify the Agency upon receipt of the samples, if the rush TAT cannot be met. The Contractor and the Agency will negotiate an alternate TAT from those listed in section 1.1.4.4. The Agency will respond in writing agreeing to the alternate TAT. The Contractor or its subcontractor may begin work upon receipt of the Agency’s approval.

1.4. Invoices

1.4.1. The Contractor will e-mail all invoices in PDF format to the Agency’s laboratory coordinator/designee that is designated on the chain-of-custody form. The e-mail must include the invoice and the final analytical report discussed in section 1.1.4.3. The Contractor is responsible for invoicing for all services provided under the Contract and assumes all responsibility for ensuring payment to its subcontractors.

1.4.2. Each invoice will include, at a minimum, the following:

1.4.2.1. Site name or project number provided by the Agency.

1.4.2.2. Number of samples by matrix, method, unit price, and OAKS identification numbers (provided to the Contractor upon award of a Contract).

1.4.2.3. Unit price or surcharge for any additional supplies or services provided for the project.

1.4.2.4. Total invoice amount.

1.4.2.5. Analytical report number and report date.

1.4.2.6. Invoice number and date.

1.4.2.7. The Agency’s laboratory coordinator/designee.

1.4.2.8. Contractor’s name, address, Vendor Identification Number, and address to which payment should be sent, an

1.4.2.9. Purchase Order Number.

1.4.3. For invoices associated with travel, the Agency will provide the Contractor the information needed on such invoices upon approval of their travel request.

1.4.4. The Contractor may invoice the Agency when additional laboratory documentation is requested beyond that specified in section 1.1.4.3. The invoice will include the following information:

1.4.4.1. Site name or project number.

1.4.4.2. Date of request.

1.4.4.3. Number of pages copied.

1.4.4.4. Total invoice amount.

1.4.4.5. Invoice number and date.

1.4.4.6. Contractor’s name, address, Vendor Identification Number, and address to which payment should be mailed.

1.4.4.7. The Agency’s laboratory coordinator/designee.

1.4.5. If an invoice is an error, the Agencies laboratory coordinator/designee will return the invoice along with a description of what corrections are needed.

1.5. General Compensation

1.5.1. The State will compensate the Contractor based on the unit prices or surcharges listed in the Price Schedule.

The sample numbers provided in the Price Schedule are estimates and may increase or decrease each year per method due to the unpredictable nature of the State’s requirements.

1.5.2. The unit price for each method will include all costs associated with providing the following:

1.5.2.1. Sample analyses, Level II analytical reports, sample containers and supplies except for those items listed in paragraph (A)(1)(a)(vi) which will be reimbursed at the unit prices listed in the Price Schedule.

1.5.2.2. Transportation of samples by a commercial carrier (e.g., Federal Express or UPS) except for samples being shipped as Dangerous Goods as provided in section 1.1.3.

1.5.2.3. Management and disposal of laboratory waste and samples.

1.5.3. The Agency will reimburse the Contractor for re-analyses performed at its request.. This reimbursement will be at the unit price listed in the Price Schedule.

1.5.4. The Agency will not reimburse the Contractor for reanalyzes resulting from quality control outliers, calibration outliers, laboratory error, or serial dilutions required to properly quantify the compound or element.

1.6. Reimbursable Expenses, Surcharges, and Penalties

1.6.1. The Agency will reimburse for any personnel time spent providing testimony and preparing affidavits at the State’s request, at the rates provided in the Price Schedule.

1.6.2. Travel related expenses such as mileage, lodging, food, airfare, and car rental will be reimbursed in accordance with the procedures and rates provided by the Office of Budget and Management.

1.6.3. The Agency will reimburse for personnel time spent retrieving, compiling, copying, and sending additional documentation beyond that listed in section 1.1.4.3 at a maximum of $0.10 per page.

1.6.4. For a standard thirty (30) day turn-around-time, the unit price for each test listed in the Price Schedule will be decreased by two percent (2%) per calendar day for each calendar day exceeding the thirty (30) calendar day turn-around-time up until the unit price has been reached.

1.6.5. For rush turn-around-times, the Contractor may only be reimbursed for a thirty (30) calendar day turn-around-time if the agreed upon turn-around-time is not met. The Contractor may also be assessed the penalty provided in section 1.6.4 for failure to provide the results within the agreed upon turn-around-time.

1.6.6. For changes in Agency reporting limits or quality control limits, a five percent (5%) premium may be charged per analytical package.

1.7. Contract Administrator

1.7.1. The Contractor will mail all invoices for expenses related to the items listed in paragraphs 1.6.1 and 1.6.2 to the Contract Administrator for the specific Agency. Upon award of the contract the State will provide each Agency’s Contract Administrator contact name, Agency, Division along with its address, telephone number and e-mail address.

1.8. Procedure Manuals

1.8.1. The Contractor and its subcontractors must maintain during the term of the Contract standard operating procedures and a quality assurance manual that provide detailed information regarding procedures to perform the testing and services provided in this Contract, as well as, quality assurance and quality control practices that ensure that only scientifically and legally defensible analytical results are provided to the State.

1.9. Laboratory Personnel and Specialized Sample Supplies

1.9.1. For evaluation purposes, we have listed an estimated quantity of one (1).

2 - STANDARD TERMS AND CONDITIONS

State of Ohio Standard Terms and Conditions (revised 3/7/22) will apply to this Contract.

https://procure.ohio.gov/pdf/Standard_T_C_030722.pdf

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 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. COMPETITIVE SELECTION – TWO PHASE AWARD QUOTE

This solicitation may be awarded to more than one Supplier of the same of 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.

3.4. FIXED PRICE WITH ECONOMIC ADJUSTMENT

The contract prices(s) will remain firm for the first twelve (12) 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”.

3.5. 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.

3.6. 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.

3.7. CONTRACTOR REVENUE SHARE

The Contractor must pay to the State a share of the sales transacted under this Contract as a fee to the State to cover the estimated costs the State will incur in administering this Contract and the Services offered under it (“Revenue Share”).

The Contractor must remit the Revenue Share in U.S. dollars within 30 days after the end of the quarterly reporting period. The Revenue Share that the Contractor must pay under this Contract equals ¾ of 1% of the total quarterly sales reported. The Revenue Share must be included in the prices reflected in any order and reflected in the total amount charged to the State, and the Contractor may not add a surcharge to orders under this Contract to cover the cost of the Revenue Share.

The Contractor must remit any amount due as the result of a quarterly or closeout sales report at the time the quarterly or closeout sales report is submitted to the Department of Administrative Services, Office of State Purchasing. To ensure the payment is credited properly, the Contractor must identify the payment as a “State of Ohio Revenue Share” and include this Contract number, total report amount, and reporting period covered.

Contractor will pay the Revenue Share by check remittance, both normal and overnight, credit card payment via the State’s epayment portal, or ACH payment, if approved by the State, using the instructions below

Check remittance:

Follow the remittance instructions on the required Quarterly Sales Report and Revenue Share Remittance Form at the following link, https://das.ohio.gov/revenueshareform.

Credit Card Payments:

To pay by credit card, use the following link, https://epay.das.ohio.gov/Payment, select “Revenue Share” as the payment type and follow the on-screen prompts.

ACH Payments:

If this payment method is approved by the State, the State will provide payment instructions to Contractor.

If the full amount of the Revenue Share is not paid within 30 days after the end of the applicable reporting period, the non-payment will constitute a contract debt to the State. The State may setoff any unpaid Revenue Share from any amount owed to the Contractor under this Contract and employ all other remedies available to it under Ohio law for the non-payment of the Revenue Share. Additionally, if the Contractor fails to pay the Revenue Share in a timely manner, the failure will be a breach of this Contract, and the State may terminate this Contract for cause as set forth herein and seek damages for the breach.

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 evaluate each category by taking the estimated annual usage multiplied by the bidder’s unit cost. The extended cost for each item will be summed together to get a total category cost.

5.2. CONTRACT AWARD

A contract will be awarded to two (2) or more responsive and responsible bidders.

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 (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.

https://das.ohio.gov/revenueshareform https://epay.das.ohio.gov/Payment https://procure.ohio.gov/pdf/OhioBuys_ITB_Instructions_to_Bidders_030921.pdf

6 - SUMMARY OF AMENDMENTS

Amendment Number

Effective Date Description

1 07/01/25

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 twelve months, effective 07/01/25 through 06/30/26.

Additionally, this amendment is issued to update the language of Section 1.1.4.5.

All other prices, terms and conditions remain unchanged.