CTR023707_RSI022999_Contract_V1.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: BIOHAZARDOUS MEDICAL AND LABORATORY WASTE PICK-UP

AND DISPOSAL

CONTRACT No.: RSI022999

CONTRACT ID: 22999

EFFECTIVE DATES: 11/1/2024 to 10/31/2027

SUPPLIER: Sterile Waste Solutions

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

SRC0000021683. 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 24 months unless the Contracting Agency determines that additional renewal is necessary.

This Requirements Contract is available to ALL STATE AGENCIES, STATE INSTITUTIONS OF HIGHER EDUCATION AND PROPERLY REGISTERED 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 OhioBuys public portal at the following address:

https://ohiobuys.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepa ge

Signed: _____________________________________________________________________

Kathleen C. Madden, Director Date https://ohiobuys.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage https://ohiobuys.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

1 - SPECIFICATIONS AND REQUIREMENTS

1.0 SCOPE: These specifications cover the pick-up and disposal of biohazardous medical and laboratory waste from various State agencies and institutions statewide. This Contract is available to all State agencies and political subdivisions participating in the State’s Cooperative Purchasing Program.

1.1 APPLICABLE DOCUMENTS

1.1.1 Ohio Administrative Code (OAC), Section 3745-27-33 Standards for shipping papers for infectious waste.

1.1.2 Ohio Environmental Protection Agency (EPA), Infectious Waste Regulations, OAC Section 3745- 37 Licenses for Solid Waste, Infectious Waste Treatment, or Construction and Demolition Debris Facilities.

1.1.3 Ohio Revised Code (ORC), Division (B) of Section 3734.05 and by Division (C) (6) of Section

3734.021 Standards for transportation and hazardous waste facilities.

1.1.4 Federal Motor Carrier Safety Regulations under 49 CFR.

1.1.5 American Society of Testing and Material (ASTM) D1709, "Impact Resistance of Plastic Film by the Free-Falling Dart Method".

1.2 REQUIREMENTS

1.2.1 The Contractor(s) are required to provide the frequency of service requested in addition to providing proper collection and packaging supplies (i.e. bags, containers).

1.2.2 Infectious waste may consist of all waste defined in the Ohio EPA regulation such as but not limited to: contaminated needles, syringes and blades, dressings, I.V. and blood transfusion tubing, hemodialysis waste, chemotherapy related waste, isolation waste, laboratory cultures, blood and urine products and outdated medications.

1.2.3 Packaging Supplies:

1.2.3.1 Infectious waste containers and packaging supplies will be provided by the Contractor for the collection and transportation of infectious waste in quantities and approximate sizes as required by each agency/institution.

1.2.3.2 Packaging supplies should consist of 25" x 35" x .003 mil plastic bags and box containers with lids as specified in III.C.3. Other container sizes may be approved by the agency/institution.

1.2.3.3 The Contractor supplied bags must be red or orange in color and must be conspicuously labeled with the International Biohazard Symbol.

1.2.3.4 Bags must be impervious to moisture, leak resistant and have a minimum bursting strength of 165 grams when tested in accordance with ASTM D1709.

1.2.3.5 Bags must have sufficient film and seam strength as demonstrated by being able to hold twenty-five (25) pounds of water, carried suspended from the top for a time of sixty

(60) seconds, showing no leakage.

1.2.3.6 Each bag must be of an appropriate size for the accompanying box container and/or ready to use stackable plastic containers.

1.2.3.7 The Contractor supplied box containers and/or ready to use stackable 30 - 35-gallon plastic containers (agency/institution choice of type), must be sturdy enough to support sealed plastic bags containing infectious waste that have been prepared for transport off premises.

1.2.3.8 The containers must be labeled with the International Biohazard Symbol on at least two

(2) opposite sides.

1.2.3.9 The containers must be leak resistant with tight-fitting lids and sufficient strength to sustain handling and transport.

1.2.3.10 The Contractor is not required to provide the agencies/institutions with Sharps containers. Each agency/institution will be responsible for acquiring and maintaining their own supply.

1.2.3.11 The Contractor(s) must, in their cost per pound Bid price, include all costs for providing the required containers and disposable bags.

1.2.4 Shipping Papers and Waste Manifest:

1.2.4.1 The Contractor(s) will be required to prepare treatment shipping papers, and if the owner of the disposal treatment facility, the Contractor will furnish a waste manifest.

1.2.4.2 The Contractor must supply a copy of the treatment shipping papers to each facility upon pick-up of infectious waste.

1.2.4.3 Upon treatment of waste, the Contractor will be required to provide a waste manifest to each facility which indicates that the waste has been properly treated.

1.2.4.4 The Contractor may combine information for both the shipping papers and waste manifests on one (1) form.

1.2.4.5 Both the shipping papers and waste manifest must be retained by the Contractor(s) for a minimum of three (3) years, properly completed, signed, and dated in accordance with the rules and regulations in Section 3745-27-33 of the Ohio Administrative Code.

1.2.5 Transportation:

1.2.5.1 The Contractor(s) must have all motor vehicles used to transport infectious waste registered with the Ohio EPA. The State may require this documentation as part of the award process.

1.2.5.2 The Contractor(s) must transport all infectious waste to a treatment facility holding an operating license under Division (B) of Section 3734.05 of the Ohio Revised Code (ORC), to a treatment facility authorized by Division (C) (6) of Section 3734.021 of the ORC or a facility in another state in compliance with State and Federal Regulations.

The State may require this documentation as part of the evaluation/award process.

1.2.5.3 The Contractor(s) must deliver infectious waste from a generating facility to a treatment facility within ten (10) calendar days of pick-up.

1.2.5.4 The Contractor(s) must meet all applicable Federal Motor Carrier Safety Regulations under 49 CFR.

1.2.5.5 Contractor(s) must, in their cost per pound Bid, include all required services and transportation costs.

1.2.6 Pickup:

The Contractor(s) must provide the exact pickup date with a 4-hour window for waste pickup. If the Contractor can no longer honor the stated pickup date an alternative pickup date must be provided by contacting the pickup site point of contact no later than prior to the pickup date and time.

2 - STANDARD TERMS AND CONDITIONS

State of Ohio Standard Terms and Conditions (revised 03/01/24) will apply to this Contract.

3 - CONTRACT SPECIFIC TERMS AND CONDITIONS

3.1 - 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.

3.2 - 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.

3.3 - 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.

3.4 - DELIVERY

Services will be performed as set forth in the Contract. The location of performance will be noted on the purchase order issued by the participating agency.

3.5 - MINIMUM ORDER: The minimum dollar value of any order placed against a Contract awarded pursuant to this Bid for delivery F.O.B. destination, transportation charges prepaid, at any one time to one destination, shall not be less than two hundred fifty ($250.00) dollars.

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 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.

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

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.

3.8 - 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.

3.9 - 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 https://das.ohio.gov/revenueshareform https://epay.das.ohio.gov/Payment 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”.

3.10 DRUG FREE WORKPLACE. The Contractor agrees to comply with all applicable state and federal laws regarding drug-free workplace and shall make a good faith effort to ensure that all Contractor employees, while working on State property or performing work on behalf of the State, will not purchase, transfer, use, or possess illegal drugs, non-medical cannabis (recreational marijuana), or alcohol, or abuse prescription drugs or medical marijuana in any way.

3.11 Additional Insurance Requirements in addition to the requirements in the Standard Terms and Conditions, the following applies:

3.11.1. Commercial General Liability: written on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Defense costs shall be outside the policy limit. The State of Ohio, its officers, officials and employees are to be covered as additional insureds on the commercial general liability policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations.

3.11.2. Automobile Liability insurance covering all owned, non-owned or hired vehicles, with a combined single limit of no less than $5,000,000. The policy shall include Pollution Liability coverage equivalent to that provided under the ISO Pollution Liability Broadened Coverage for Covered Autos endorsement (CA 99 48), and the Motor Carrier Act endorsement (MCS 90).

3.11.3. Pollution Liability insurance for first and third-party claims, on and off-site, including non-owned waste disposal sites and transportation and disposal of waste, with a per contract dedicated limit of no less than $5,000,000 each loss and $5,000,000 aggregate.

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:

multiply the price for weekly pick-up cost of for less than 1,000 pounds price by the Estimated Usage to arrive at a line-item total. Where estimates usage is unknown, the unit of 1 will be used as the estimated usage for evaluation purposes and will be multiplied by the less than1,000 pound priced per line for the remaining lines. The line items totals will be added together for a low lot total. Failure to bid on all items may deem the response not responsive and no further consideration for award will be given.

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

5.2 Cost Table: The following table provides the breakdown by category of the Bidder’s per pound cost. The table must be filled out completely to facilitate any future price increases. Failure to completely fill out the table may result in the Bidder being declared nonresponsive. The total for all categories must be equal to 100%.

COST BREAKDOWN TABLE

ADMINISTRATIVE EQUIPMENT SUPPLIES DISPOSAL FUEL LABOR

0% 0% 12% 10% 5% 73%

5.3- NOTES FOR BIDDING: Bi-weekly means pick-ups every two weeks. For sites requiring more frequent than weekly pick-ups, the weekly rate will be applied. For sites requiring less frequent than monthly pick-ups (i.e. on-call), the monthly rate will be applied. The Bidders represent the per pound costs for the service area. Bidder pricing must be filled out completely. Failure to bid on all items will result in the Bidder being declared non-responsive.

5.4- 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.