CTR028180_ITB028180_Contract_V1__2_.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: RADON TESTING KITS AND LABORATORY SERVICES

CONTRACT No.: ITB028180

CONTRACT ID: 28180

EFFECTIVE DATES: 10/1/2025 to 9/30/2027

SUPPLIER: Spruce Environmental Technologies, Inc

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

SRC0000030427. The evaluation of the bid response(s) has been completed. The bidder(s) listed herein have been determined to be the lowest responsive and responsible bidder(s) and have been awarded a contract for the items(s) listed. The respective bid response, including the Instructions to Bidders and Standard Terms and Conditions, special contract terms & conditions, any bid addenda, specifications, pricing schedules and any attachments incorporated by reference and accepted by DAS become a part of this Requirements Contract.

This Requirements Contract is effective beginning and ending on the dates noted above unless, prior to the expiration date, the Contract is renewed, terminated or cancelled in accordance with the Contract Terms and Conditions.

CONTRACT RENEWAL. This Contract may be renewed after the ending date of the Contract solely at the discretion of the Contracting Agency for a period of one month. Any further renewals will be by mutual agreement between the Contractor and the Contracting Agency for any number of times and for any period of time. The cumulative time of all mutual renewals may not exceed 36 months unless the Contracting Agency determines that additional renewal is necessary.

This Requirements Contract is available to The Ohio Department of Health, as applicable.

Agencies are eligible to make purchases of the listed supplies and/or services in any amount and at any time as determined by the agency. The State makes no representation or guarantee that agencies will purchase the volume of supplies and/or services as advertised in the Invitation to Bid.

This Requirements Contract and any Amendments thereto are available from the OhioBuys public portal at the following address:

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

For SPRUCE ENVIRONMENTAL TECHNOLOGIES, INC:

Signed: _____________________________________________________________________

Melissa Edwards, Chief Executive Officer Date

For the OHIO DEPARTMENT OF ADMINISTRATIVE SERVICES:

Signed: _____________________________________________________________________

Kathleen C. Madden, Director Date

1 - SPECIFICATIONS AND REQUIREMENTS

1.1 BACKGROUND:

The purpose of this contract is to help enable State of Ohio homeowners to be able to identify radon levels and the correct the issues if radon is detected. This program will provide free radon test kits to Ohio homeowners to increase the number of homes being tested for radon in the state.

1.2 SCOPE:

The Offeror must be licensed to handle the Radon Test Kits.

The Offeror shall maintain a stock of activated charcoal short-term radon test kits that are approved by the American Association of Radon Scientists and Technologists Nation Radon Proficiency Program (AARST-NRPP) and/or the National Radon Safety Board (NRSB).

1.3 SCOPE OF WORK

A. Activated Charcoal Radon Test Kits

a. Test kits must adhere to US EPA Radon Testing Guidelines.

b. Test kits must be turn-key and come with detailed operating instructions in English and Spanish with font size no smaller than 11pt.

c. Test kits must have tamper evident packaging (packaging that will allow the end user to detect any tampering prior to receipt). Examples of this would be a sealed plastic bag or tamper evident tape on boxes.

d. All instructions, forms, labels, test kit, and any other items directly from the contract lab are to be included in this sealed package (pre-assembled).

e. Kits should be of the quality and have sufficient activated charcoal material to allow a homeowner to place the kit for a short-term screening, not to exceed 7 days.

f. Expiration date of test kits ordered must be indicated on at least the shipping box or packing slip of the order. Is it preferred that the expiration date be included on each test kit or each test kit package so that the end user has access to this information.

g. Kits ordered must have at least 180 days between the date received and the date of expiration.

B. Ordering

a. Create and maintain an online ordering platform for homeowners who are seasonal or permanent residents in the State of Ohio.

b. Provide a URL link to ODH to put on their website to be accessible to Ohio Homeowners.

c. Accessing and maintaining a phone number for Ohio Homeowners to place orders in the event, homeowners don’t have internet access.

d. Send reminder emails to homeowners that have not returned the test kit to the Offeror’s facility 30 days after the test is mailed out, and an alternate communication for homeowners without internet capabilities.

e. Provide information about radon that is accessible to homeowners on the ordering platform.

f. Provide homeowners with a replacement testing kit, if needed.

C. Shipment

a. Distribute the kits that are ordered by Ohio homeowner through the online portal or by phone.

b. Kit must include addressed pre-paid first-class business postage for homeowners to return the kit testing.

c. Redistribute kit to homeowners that didn’t receive or received damaged testing kit.

D. Testing

a. Kit must be analyzed within two (2) days after being received by the laboratory or within 10 days following the conclusion of the exposure period, whichever comes first.

b. Testing results are to be disclosed to the homeowners within ten (10) business days after the test has been returned and received by the testing laboratory.

c. Homeowners should receive information explaining radon gas, origin, health effects, and recommended follow-up information per U.S. EPA guidelines.

E. Reports

a. Reports of radon findings will be sent to the homeowners with detailed information explaining radon gas, origin, health effects, and recommended follow-up information per U.S. EPA guidelines to ODH.

b. Provide sample template letters that will be sent to homeowners to ODH for approval prior to sending letters out.

c. Monthly reports will be submitted to ODH by the 15th of each month.

d. Monthly reports submitted to ODH must have the following information in an Excel document with the following information:

i. Header with month dates for the report

ii. Number of kits distributed for the month

iii. Number of kits analyzed for the month

iv. The individual test results submitted for the month

v. Ordering date by homeowner

vi. Location of where test was performed in the resident as indicated by homeowner

vii. Exposure time length indicated by homeowner, if applicable

viii. Radon or radon decay product measurement

ix. Address and county of homeowners that have received and returned the testing kits

e. Monthly reports shall be submitted to ODH through a secure File Transfer Protocol (sFTP) or encrypted email.

F. Customer Service

a. Provide customer service to homeowners that have questions about the kits or conducting the test.

b. Inform customers to contact ODH for questions concerning radon.

c. Invoices will be submitted to ODH based on the number of kits that ODH orders to be maintained in stock. ODH will submit orders based on need and availability of funds. The agency will not encumber the cost for the testing kits to be returned to the testing laboratory.

1.4 DELIVERY:

No goods are to be delivered to ODH. The offeror shall maintain a stock of activated charcoal short-term radon test kits and distribute the kits as they are ordered by Ohio homeowners.

Reports outlined in 1.3 Section E shall be delivered via secure email to indoor.radon@odh.ohio.gov.

2 - STANDARD TERMS AND CONDITIONS

The State of Ohio Standard Terms and Conditions (revised 03/31/25) govern this Contract and are incorporated as if fully rewritten herein.

3 - CONTRACT SPECIFIC TERMS AND CONDITIONS

3.1 - 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.

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 - 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 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”.

3.3 - ADDITIONAL INSURANCE REQUIREMENTS

In addition to the requirements stated in the Standard Terms and Conditions, Contractor shall maintain the following coverage: Professional Liability (Errors and Omissions) Insurance appropriate to the Contractor’s profession, with limits not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this agreement and shall cover all applicable Contractor personnel or subcontractors who perform professional services related to this agreement.

4 - INVITATION TO BID INSTRUCTIONS

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

5 - SPECIAL INSTRUCTIONS TO BIDDERS

5.1. 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 to arrive at a total for all items.

Failure to bid all items may result in the bidder being deemed not responsive.

https://dam.assets.ohio.gov/image/upload/procure.ohio.gov/TCond/Standard_T_C_3-31-25.pdf https://procure.ohio.gov/pdf/OhioBuys_ITB_Instructions_to_Bidders_030921.pdf

5.2. DESCRIPTIVE LITERATURE

The Bidder may be required to submit descriptive literature of the supplies or services being offered. If requested, the literature will be used in the evaluation process to determine the lowest responsive and responsible bidder. If not provided as part of the bid response, the Bidder must provide said literature within seven (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.

5.3. EVALUATION

Bids will be evaluated in accordance with Article I-15 of the “Instructions to Bidders”. Low lot total will be determined by multiplying the unit cost by the estimated usage listed in the bid to arrive at a total for all items.

Failure to bid all items may result in the bidder being deemed not responsive.