CTR011798_RSI011798_REV_a1.pdf
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- Attached to
- Competitive Selection OH|RSI011798
- Contract number
- RSI011798
- Issued by
- Ohio
About this file
This document is a mandatory use contract issued by the State of Ohio Department of Administrative Services, General Services Division, Office of Procurement Services. The contract is awarded to Thermo Bond Buildings LLC for MARCS (Multi-Agency Radio Communication System) Shelters. The contract is effective from 5/1/2023 to 4/30/2026 and is available to all state agencies, state institutions of higher education, and properly registered Cooperative Purchasing members.
The contract covers the procurement of equipped shelters for radio communication sites across Ohio, including locations in Attica, Cambridge North, Granville, Mansfield, and New Lexington. The shelters are approximately 12ft wide x 20ft long x 10ft 6in high, with specific technical specifications including a 6-3/4" solid concrete floor, 4" solid concrete walls, and a concrete roof. Each shelter includes comprehensive electrical, HVAC, fire protection, and alarm systems, with features such as a 120/240V 200A service, generator, UPS, air conditioning units, and multiple safety and communication components. The contract allows for potential price adjustments after the first six months and includes provisions for cooperative purchasing and quarterly sales reporting.
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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: MARCS Shelters
CONTRACT No.: ITB011798
CONTRACT ID: 11798
EFFECTIVE DATES: 5/1/2023 to 4/30/2026
SUPPLIER: Thermo Bond Buildings LLC
The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No. SRC0000007269. 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 04/30/29 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 Cooperative Purchasing members, 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
1 - SPECIFICATIONS AND REQUIREMENTS
1.1. SCOPE:
MARCS (Multi-Agency Radio Communication System) is seeking to purchase equipped shelters for several sites throughout Ohio. There are five sites currently which may need shelters, including those in Attica, Cambridge North, Granville, Mansfield, and New Lexington. There may be additional sites identified in the future.
MARCS and/or eligible agencies specified herein may utilize this Contract; the ordering agency may be referred to herein as the Customer. This Contract is considered mandatory-use for MARCS only, and permissive for other customers.
The State requires the equipment included with each shelter to be uniform and installed in the same exact location within each shelter. This is to enhance familiarity and serviceability by Customer personnel.
This item shall consist of furnishing all labor, equipment, and materials necessary to design, construct, assemble, and deliver the complete, equipped shelters, as specified herein. Note: Labor to install the equipped shelters at the specified locations will be performed by Customer personnel and/or contractors of the Customer.
The Contractor shall be fully responsible for the designing, furnishing, and delivering of the complete, assembled, equipped shelters, in accordance with the Specifications and Requirements, herein. The complete, assembled, equipped shelters, as called for in these Specifications and Requirements, shall be delivered to the locations specified in the purchase order issued by the Customer. The complete, assembled, equipped shelters shall be fully assembled to the maximum extent possible prior to being transported to the project site to avoid impacting other activities.
The Contractor is responsible to coordinate and pay for the shipping of the complete, assembled, equipped shelters. The Contractor shall coordinate the delivery time and exact location with Customer two (2) weeks in advance, to ensure resources are available for unloading. The Contractor will be provided an area to unload the complete, assembled, equipped shelters at the specified delivery locations. The unloading of these shelters will be performed by contractor(s) of the Customer.
It is understood by the Customer that some specified equipment may have longer lead-times than an unequipped shelter (for example, generators). Should there be a need for MARCS to install a partially equipped shelter, Contractor will provide a quotation to Customer with adjusted pricing to accommodate on-site installation of the equipment, including shipping, labor, and trip charge, per the Contract Price Schedule (excluding Mark-Up Percentage). In this case, Contractor will coordinate, with Customer, the modified shipment schedule of such shelter at least one month in advance of the expected delivery date. Also, in this case on on-site installation of equipment, all warranties and guarantees of the shelter and equipment shall apply, as if they were installed by the Contractor at the factory location.
1.2 APPLICABLE DOCUMENTS:
National Electrical Code, Current Edition
1.3 GOVERNANCE & LICENSURE:
Contractor will comply with all applicable laws, rules, and regulations in performing this Contract.
1.4 SPECIFICATIONS AND REQUIREMENTS:
1.4.1 General Specifications and Requirements
1.4.1.1 Section 4.1, above, including Table 1, are also part of the Specifications and Requirements.
1.4.1.2 Warranty: In addition to the provisions of the State of Ohio Standard Terms and Conditions, equipment standard manufacturer warranties will apply. If requested, Bidder will provide copies of warranties as Descriptive Literature (see section 2.2, above).
1.4.2 Technical Specifications and Requirements
Unless otherwise indicated, the deliverables will meet or exceed the following specifications and requirements:
1.4.2.1 Load:
1.4.2.1.1 Floor Load: 300 psf.
1.4.2.1.2 Floor Load: 90 psf. Uniform live load while building is being lifted.
1.4.2.1.3 Roof Load: 150 psf.
1.4.2.1.4 Walls: 150 mph.
1.4.2.2 Building size: (Equipment Shelter)
1.4.2.2.1 Outside: Approximately 12ft W x 20ft L x 10ft 6in H; (dimensions +/- 8”).
1.4.2.2.2 Equipment Room: Approximately 11ft W x 9ft 6in L x 9’-0” H (Nominal).
1.4.2.2.3 Generator Room: Approx. 9ft W x 9ft 6in L x 9’-0” H (Nominal).
1.4.2.2.4 Estimated Module Weight: 60,000 lbs.
1.4.2.3 Shell:
1.4.2.3.1 Floor: 6-3/4" solid concrete floor.
1.4.2.3.2 Walls: 4" Solid concrete.
1.4.2.3.3 Roof: Solid concrete 4” at eave and 5” at ridge. Designed to withstand falling ice.
Periodic inspection and maintenance required to maximize roof lifespan.
1.4.2.3.4 Design: Step-joint design.
1.4.2.3.5 Tie down: (4) Tie down Plates.
1.4.2.3.6 Bolts: Painted bolts to replace lifting lugs.
1.4.2.3.7 Concrete: 5000 psi lightweight concrete.
1.4.2.3.8 Reinforcing: Steel #4 and #6 bars, 60,000 psi (Grade 60 ASTM-615).
1.4.2.3.9 Ratings: Walls to be 2 hr. fire rated.
1.4.2.3.10 Ballistics: Tested for UL-752, (HPR - 30.06 - point blank range)
1.4.2.4 Exterior Finish:
1.4.2.4.1 Walls: Washed exposed aggregate and sealed. Finish to be brown/earth tone in color.
1.4.2.4.2 Roof: Trowel surface and sealed, broom finish. Color to be white.
1.4.2.5 Interior Finish:
1.4.2.5.1 Floor: Sealed concrete.
1.4.2.5.2 Interior Walls: 1/2" APA Rated OSB covered with a white, fiberglass reinforced plastic
(FRP).
1.4.2.5.3 Ceiling: 1/2" APA Rated OSB covered with a white, fiberglass reinforced plastic (FRP).
1.4.2.6 Insulation:
1.4.2.6.1 Interior Partition Wall: R-11 Fiberglass Batt type Insulation.
1.4.2.6.2 Exterior Walls: R-11 Rigid Polyisocyanurate Insulation.
1.4.2.6.3 Ceiling: R-19 Rigid Polyisocyanurate Insulation.
1.4.2.7 Doors:
1.4.2.7.1 Quantity/Size: (1) 3’-0” x 7’-0” Equipment Room.
1.4.2.7.2 Quantity/Size: (1) 3’-6” x 7’-0” Generator Room.
1.4.2.7.3 Door Type: 18 ga. Insulated Door, painted to match exterior finish.
1.4.2.7.4 Frame Type: 16 ga. painted galvanized metal frame.
1.4.2.7.5 Lockset: Mortise Style Lock to receive - Medeco Classic Cliq 1.25in;
Mortise Cylinder, part# 100500 C 626; Crashbar interior per OH Codes.
1.4.2.7.6 Hinges: NRP - SS hinges.
1.4.2.7.7 Weather Strip: Magnetic weather stripping.
1.4.2.7.8 Threshold: Saddle type threshold, mill finish aluminum.
1.4.2.7.9 Door Sweep: Neoprene style, mill finish aluminum.
1.4.2.7.10 Closer: Hydraulic Door Closers with Hold Open.
1.4.2.7.11 Door Canopy: Rain hood above door.
1.4.2.8 Fire Protection:
1.4.2.8.1 Fire Extinguisher: (2) 10# CO2 wall mount fire extinguisher.
1.4.2.9 Electrical:
1.4.2.9.1 Service: 120/240V 200A 1PH.
1.4.2.9.2 Main Service Disconnect: SQUARE D 200A 3P FUSIBLE TYPE 3R (D324NRB).
1.4.2.9.3 Surge Suppressor Disc: (1) 120/240V breaker enclosure, Square D – QO2100BNS with QO260 breaker.
1.4.2.9.4 Surge Suppression: (1) Transector – APEX IMAX 120T - DSAPEXIMAX808; Type 1A SAD/MOV. Installed on Main Service.
1.4.2.9.5 Main Breaker Panel: (1) 200A 120/240V 30 space panel with main breaker, Square D – QO130M200, with QOC30US cover, and PK15GTA ground bar.
1.4.2.9.6 Sub-Panels: (1) 125A 120/240V 20 space panel with main lug, Square D – QO120L125G, with cover, and ground bar.
1.4.2.9.7 Receptacles: (1) 20A 120V Quadplex Receptacles, mounted on dividing wall of equipment room.
1.4.2.9.8 Equipment drops: (2) 60 Amp 2 pole with 2 neutrals and ground in a ¾ seal tight drop to racks.
1.4.2.9.9 Equipment PDU: (2) AC EDGE Rack Mount PDU AC Indoor 2RU 110 to 130 Vac 2x Single-Phase Feeds 60A Per Feed 12x 1 to 15A NEMA 5-15 Outlets Ul 60950-1 SASD
SPD (1101-1188).
1.4.2.9.10 GFI Receptacles: (1) Exterior GFI Receptacle on own circuit. Mounted near the HVAC units.
https://www.transtector.com/ac-edge-rack-mount-pdu-ac-indoor-1101-1188
1.4.2.9.11 Telco: (1) simplex receptacles for telco.
1.4.2.9.12 Tower light circuits: (2) 30A circuits provided for Tower lights.
Note: All electrical conduits to be galvanized EMT and fittings to be compression type. No set screw type permitted. Horizontal runs of EMT to be installed 7’-6” aff whenever possible. All flex conduit to be sealtight type. Wire-way, conduit and/or drop box will be properly de-rated for compliance with current adopted edition of NEC code.
1.4.2.10 Ups / Dc System:
1.4.2.10.1 Optional UPS: (1) Vertiv GXT5-10KMVRT6UXLN Liebert 10 kva UPS Rack Mounted Hard (RS600), Wired. Unit is to include Intellislot web card & 5-yr Warranty (PAPGXT-8-
10KRMV).
1.4.2.11 Ats & Generator:
1.4.2.11.1 ATS: (1) Generac TX301 Series Transfer Switch, 120/240/200A, 1PH, Nema 1 Enclosure.
1.4.2.11.2 Generator: (1) Generac, 120/240 VAC 1PH, 35kW rated, LP fueled, Indoor set, ZG0035, w/Power Zone Pro Control.
1.4.2.12 Lighting:
1.4.2.12.1 Interior: (5) 4 ft., LED ceiling mounted, 2 lamp units with wrap around lens.
(3) Equipment Side, (2) Generator Side.
1.4.2.12.2 Exterior: (1) 1000 lumen LED mounted at exterior door, controlled by switch and motion detector.
1.4.2.12.3 Emergency/Exit: (2) Emergency/Exit light combo.
1.4.2.12.4 Wall switches: (3) 20A Single pole switch. Leviton CS120-2I.
1.4.2.13 Air Conditioning/Heating:
1.4.2.13.1 Quantity: (2) – Bard Exterior Wall Mounted Units (230/208/60/1).
1.4.2.13.2 Description: 36,000 btu units with integrated 5kW heat strips, time delay anti-short cycle timer, high & low-pressure switch, low ambient control and a one-year parts and labor guarantee.
1.4.2.13.3 Ventilation Options: Economizer – equipment building DB temp, 100% of rated cooling
CFM.
1.4.2.13.4 Temp. Control: (1) Bard MC4002-AC Controller w/base alarms & Ethernet Board with SNMP Traps & IPV6.
1.4.2.13.5 Ice Shield: (2) HVAC Ice Shield.
1.4.2.14 Ventilation:
1.4.2.14.1 Exhaust: (1) 16” Exhaust fan with gravity louver, with (1) 24” Rain hood with insect screen.
1.4.2.14.2 Intake: (1) 16” Gravity air intake louver, with (1) 24” Rain hood with insect screen.
1.4.2.14.3 Temp. Control: (1) Line voltage thermostat,
1.4.2.14.4 Generator Exhaust: (1) 36” Gravity air intake louver, with (1) 44” Rain hood with insect screen.
1.4.2.14.5 Generator Intake: (1) 48” Power air intake louver, open inward, with (1) 56” Rain hood with insect screen.
1.4.2.15 Alarm System:
1.4.2.15.1 Junction Box: (1) 12x12x6 Nema 1 Enclosure, Hinged Cover, w/ Type-1 lock kit, KOs on all 4-sides, back plate & din rail.
1.4.2.15.2 Terminal Block: (1) IFM DEE 37M – TB, Interface, IDC 37 Plug, TB 38P (M Jay) Din rail mounted in box above.
1.4.2.15.3 Temperature: (1) High (from HVAC controller).
1.4.2.15.4 Temperature: (1) Low (from HVAC controller).
1.4.2.15.5 Power: (1) Commercial Power Fail alarm.
1.4.2.15.6 Surge Arrestor (2) Surge arrestor.
1.4.2.15.7 Smoke: (2) Photoelectric detector.
1.4.2.15.8 Heat: (1) Heat Detector.
1.4.2.15.9 Generator: (1) Generator run.
1.4.2.15.10 Generator: (1) Generator Common Warning.
1.4.2.15.11 Generator: (1) Generator Common Alarm.
1.4.2.15.12 Generator: (1) Generator Not In Auto.
1.4.2.15.13 ATS: (1) ATS Transfer Complete.
1.4.2.15.14 Cat 6 (1) Cat 6 Cable from Generator controller to ups rack with a 5ft loop at each end.
1.4.2.16 Cable Ladders:
1.4.2.16.1 12” Wide: (24) LF of 12” wide cable ladder, gold chromate. Mount 8’-0” aff to the bottom of the cable ladder.
1.4.2.17 Cable Entry:
1.4.2.17.1 Cable Entry Port: (1) Polyphaser 8 Port Modular Bulkhead Panel 8PB-M.
1.4.2.17.2 Rigid Conduit: (2) 3” PVC sleeve cast in concrete for Telco entry.
1.4.2.18 Grounding:
1.4.2.18.1 Halo System: No. 2 AWG Bare, stranded copper wire around inside perimeter of building/rooms as shown on supplied plans with each end lugged to 8PB-M bulkhead, Single point system.
1.4.2.18.2 Bonding:
1.4.2.18.2.1 No. 6 insulated copper wire from metallic equipment to Halo.
1.4.2.18.2.2 No. 6 green insulated copper wire from metallic items as electrical boxes, and equipment to perimeter ground buss.
1.4.2.18.2.3 #2 stranded green jacketed communication equipment ground buss secured to Newton #2106C brackets mounted to the cable ladder.
1.4.2.18.3 Doors: Door grounded with welding cable.
1.4.2.18.4 HVAC: HVAC should be grounded to internal halo only.
1.4.2.18.5 Ground Rod: Exterior ground rod and copper straps provided by Site Contractor.
Note: All grounding to meet or exceed Motorola R56 Specifications.
1.4.2.19 Miscellaneous:
1.4.2.19.1 Warning Signs:
1.4.2.19.1.1 (1) EME Warning sign.
1.4.2.19.1.2 No Smoking sign Brady 1NL67.
1.4.2.19.2 Telco Board: (1) 4’-0” x 6’-0” x ¾” x FRP covered plywood.
2 - STANDARD TERMS AND CONDITIONS
State of Ohio Standard Terms and Conditions (revised 10/18/22) will apply to this Contract.
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 - PERMITS
Before purchasing items, Contractor should send the ordering Agency the current, detailed specifications of the contracted, complete, equipped shelters. Agency should confirm that the applicable entity (e.g., Ohio Dept. of Commerce, local government, etc.) will issue all necessary permits (e.g., building permits) for the items to be purchased.
Complete, equipped shelters will not be shipped to the customer unless shelter has met all building code requirements and all applicable permits have been obtained. Contractor shall furnish complete technical drawings and related specifications to the customer immediately upon request, to facilitate the permit process.
3.4 - DELIVERY
Supplies will be delivered to the participating Agency within thirty (30) days after receipt of order. Complete, assembled, equipped shelters are expected to be delivered to the participating Agency within one hundred fifty (150) days after receipt of order, unless impossible due to market conditions. Contractor will make every effort to reduce the lead-time and communicate any possible lead-time information with the Customer. Delivery date communications between the Contractor and the Customer should be in writing.
The delivery location and date of delivery will be noted on the purchase order issued by the participating Agency.
Services will be performed, and goods will be delivered as set forth in the Contract. The location, date, and description of performance and/or delivery will be noted on the purchase order issued by the participating agency.
Freight and Transportation Charges: 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 https://procure.ohio.gov/static/pdf/About_Procurement/Procurement_Policies/Standard_T_C_10_15_22.pdf reimbursing the ordering Agency the difference between the most economical mode of transportation and the mode of transportation used by the Contractor.
3.5 - 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 forty-five (45) 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”.
3.6 - FIXED-PRICE WITH IN-SERVICE COST ADJUSTMENTS
The Contractor agrees to adjust the total price for any decrease/increase in the number of systems to be included in the shelter or necessary substitutions due to obsolescence, technology upgrade, quality upgrade, product recall, laws, rules, regulations, code requirements, permits, change order requested by DAS, or similar reason for the duration of the Contract. All adjustments will be in accordance with the Contract and will require pre-approval by DAS.
3.7 - 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.
3.8 - CONTRACTOR QUARTERLY SALES REPORT
The Contractor must report the quarterly dollar value (in U.S. dollars and rounded to the nearest whole dollar) of the sales to Cooperative Purchasing Members under this Contract by calendar quarter (e.g. January-March, April-June, July-September and October-December). The dollar value of the sale is the price paid by the Contract user for the products and/or services listed on the purchase order or other encumbering document, as recorded by the Contractor.
To submit this quarterly sales report, the Contractor is responsible for obtaining access to OhioBuys and must report the quarterly dollar value of sales to Cooperative Purchasing Members to the Department of Administrative Services (DAS) via the Internet using OhioBuys at the following web address supplier-emarketplace.ohio.gov . If no sales occur, the Contractor must report zero. The report must be submitted no later than thirty (30) days following the completion of the reporting period.
The Contractor shall also submit a close-out report within one hundred and twenty (120) days after the expiration of this Contract. The Contract expires upon the physical completion of the last outstanding task or delivery order of the Contract. The close-out report must cover all sales not shown in the final quarterly report and reconcile all errors and credits. If the Contractor reported all contract sales and reconciled all errors and credits on the final quarterly report, then the Contractor should show zero “0” sales in the close-out report.
If the Contractor fails to submit sales reports, falsifies reports or fails to submit sales reports in a timely manner, DAS may terminate this Contract.
3.9 - CONTRACTOR REVENUE SHARE
The Contractor must pay to the State a share of the sales transacted under this Contract as a fee to the State to cover the estimated costs the State will incur in administering this Contract and the Services offered under it (“Revenue Share”).
The Contractor must remit the Revenue Share in U.S. dollars within 30 days after the end of the quarterly reporting period. The Revenue Share that the Contractor must pay under this Contract equals ¾ of 1% of the total quarterly sales reported. The Revenue Share must be included in the prices reflected in any order and reflected in the total amount charged to the State, and the Contractor may not add a surcharge to orders under this Contract to cover the cost of the Revenue Share.
The Contractor must remit any amount due as the result of a quarterly or closeout sales report at the time the quarterly or closeout sales report is submitted to the Department of Administrative Services, Office of State Purchasing. To ensure the payment is credited properly, the Contractor must identify the payment as a “State of Ohio Revenue Share” and include this Contract number, total report amount, and reporting period covered.
Contractor will pay the Revenue Share by check remittance, both normal and overnight, credit card payment via the State’s epayment portal, or ACH payment, if approved by the State, using the instructions below
Check remittance:
Follow the remittance instructions on the required Quarterly Sales Report and Revenue Share Remittance Form at the following link, https://das.ohio.gov/revenueshareform.
Credit Card Payments:
To pay by credit card, use the following link, https://epay.das.ohio.gov/Payment, select “Revenue Share” as the payment type and follow the on-screen prompts.
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.
https://das.ohio.gov/revenueshareform https://epay.das.ohio.gov/Payment https://procure.ohio.gov/pdf/OhioBuys_ITB_Instructions_to_Bidders_030921.pdf
5 - SPECIAL INSTRUCTIONS TO BIDDERS
5.1 - 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.
5.2 - EVALUATION
Bids will be evaluated in accordance with Article I-15 of the “Instructions to Bidders”. In addition, the state will: review the submitted information and descriptive literature to confirm that the items bid meet the requirements in the Specifications. For each line item, the estimated usage will be multiplied by the unit price for a line item total. Subsequently, the required line item totals will be added together to arrive at a lot total. Estimated usages are for evaluation purposes only. Failure to bid all line 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.
6.0 AMENDMENTS*
6.1 SUMMARY OF AMENDMENTS*
Amendment Number
Effective Date
Description
1 07/15/24 This amendment is issued to notify to advise of a price change effective for all orders issued on or after 07/15/24, as indicated in the Ohio Buys price catalog, Item Number I1_6. All other prices, terms and conditions remain unchanged.
*Indicated addition of section for amendments and summary of amendments.
File details come from the government source that posted it. Updated .