GDC500_PPEMP00001_Revised_Contract_04.04.2025.pdf

Rev. 4.19.22

Index No.: GDC500 Eff. Date: 04/04/2025* Page No.: 1

STATE OF OHIO

DEPARTMENT OF ADMINISTRATIVE SERVICES

GENERAL SERVICES DIVISION

OFFICE OF PROCUREMENT FROM PERSONAL PROTECTIVE EQUIPMENT MANUFACTURER PROGRAMS

4200 SURFACE ROAD, COLUMBUS, OH 43228-1395

MANDATORY USE CONTRACT FOR: Personal Protective Equipment, Procedural/Surgical Masks

CONTRACT No.: PPEMP00001 EFFECTIVE DATES: 12/15/2023 to 11/30/2026

The Department of Administrative Services (DAS), Office of Procurement from Personal Protective Equipment Manufacturer Programs (OPPPEMP) has accepted the proposal submitted in response to the Contract Number listed above by the certified Personal Protective Equipment Manufacturer (PPEMP). The PPEMP listed herein has been awarded a contract for the services or supplies listed. The respective ordering office contract approval form, *contract terms and conditions, pricing schedules, specifications, and any attachments incorporated by reference and accepted by DAS become a part of this Mandatory Contract.

This Mandatory 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.

This contract is mandatory for ALL STATE AGENCIES. IT IS ALSO AVAILABLE TO ALL PROPERLY REGISTERED COOPERATIVE PURCHASING MEMBERS OF THE COOPERATIVE PURCHASING PROGRAM OF THE DEPARTMENT OF

ADMINISTRATIVE SERVICES, AS APPLICABLE.

This contract award by the Office of Procurement from Personal Protective Equipment Manufacturer Program is in accordance with Sections 125.036 of the Revised Code.

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 initially advertised or described.

State agencies may make purchases under this Mandatory Contract up to $2500.00 using the State of Ohio Payment Card. Any purchase that exceeds $2500.00 will be made using the official state of Ohio purchase order (ADM-0523). Any non-state agency, institution of higher education or Cooperative Purchasing member will use forms applicable to their respective agency.

This Mandatory 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

For KDI Med Supply.:

Signed: _______________________________________________________ Yolanda Davis, President Date

For the Department of Administrative Services:

Signed: _______________________________________________________ Kathleen C. Madden, Director Date

*This amendment is issued to update the cost summary page, scope of work and to add a summary of amendments page effective 04/04/2025. Additionally, it is issued to update the DAS Standard Terms and Conditions, rev. 03/01/2024 effective 04/04/2025 file://s.dasdesktop.isi.oitfs.ohio.gov/DASShares/gsd/purchasing/CONTRACTS/CRP%20Contracts/FORMS/T'c%20AND%20C's/DAS%20Standard_T_C_3-1-24.pdf https://ohiobuys.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

Rev. 1.30.17

Index No.: GDC500*

TABLE OF CONTENTS

Specifications Page

Scope of Work 3 Revenue Share Clauses 3-5

Contract Items

Cost Summary 6 Contractor Information 7 *Summary of Amendments 8

SPECIFICATIONS

I. *SCOPE OF WORK

The intent of this scope of work is to provide 3 ply *medical grade disposable procedural masks. Contractor shall be deemed to have adequate knowledge of the nature of the contracted services.

II. GENERAL REQUIREMENTS

A. All products shall be first quality, new, unused, clean and without flaws or imperfections.

B. Shipping is included in pricing.

C. Normal lead time will be 5 days. If there is a delay, the customer will be notified.

III. *PRODUCT SPECS

*Medical Grade Procedural Mask, Level 1 and Level 2 Moderate Barrier Protection.

A. Low-to-moderate levels of aerosols, sprays and fluids

B. 3 layer breathable design

C. One size fits most, elastic ear loops, D. Meets ASTM F-2100 Level 2 Certification

E. FDA certified K220637

F. Triple layer, breathable and lightweight

G. BFE> 99.9% and PFE> 99.9%

H. Secure fit

I. *Available color is blue

J. *Anti Fog

IV. REVENUE SHARE

A. 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

*Update scope of work effective 04/04/2025.

SPECIFICATIONS, CONTINUED

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.

B. 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.

C. 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.

https://das.ohio.gov/revenueshareform https://epay.das.ohio.gov/Payment

SPECIFICATIONS, CONTINUED

V. *DAS SPECIFICATIONS

The State of Ohio Department of Administrative Services Standard Terms and Conditions, rev. *03.01.2024, and Revenue Share Clauses, including any subsequent changes, shall govern this work.

*Update scope of work effective 04/04/2025.

COST SUMMARY

OHIOlBUYS

PRODUCT

CODE

UNSPSC

CODE ITEM PRICE PER

PPEMP00001-1 42131713

*3-Ply Medical Grade, Disposable Face Masks, ASTM-Level 1, Anti-Fog, Color: Blue, 5 packs of 10 per box (50 masks).

$10.00 per box*

PPEMP00001-2 42131713

Anti-Fog, Color: Blue 1, 50 per box / 60 boxes per case (3000 masks).

$600.00 per case*

PPEMP00001-3 42131713

Anti-Fog, Color: Blue, 48,000 masks per pallet.

$9,000.00 per pallet*

PPEMP00001-4 42131713

*3- Ply Medical Grade, Disposable Face Masks, ASTM-Level 2, Anti-Fog, Color: Blue, 5 packs of 10 per box (50 masks).

$10.00 per box*

PPEMP00001-5 42131713

Anti-Fog, Color: Blue, 50 per box / 60 boxes per case (3000 masks).

$600.00 per case*

PPEMP00001-6 42131713

Anti-Fog, Color: Blue, 48,000 masks per pallet.

$9,000.00 per pallet*

Submit Invoices to:

Ordering Agency

UNSPSC CODES-

42131700 Surgical textiles 42131713 Surgical Isolation or surgical masks 46182001 Masks or accessories

*Update pricing and item description effective 04/04/2025.

CONTRACTOR INDEX

CONTRACTOR AND TERMS: CONTRACT NO: PPEMP00001

OAKS # 0000284868

K. Davis, Inc., dba KDI Med Supply 206 Lynn Street Fremont, OH 43420

TERMS: Net 30 Days

CONTRACTOR’S CONTACT:

Yolanda Davis, President Telephone: (419) 307-0305

Email: yolanda@kdimedsupply.com

To place an order Telephone: (419) 307-0305 Email: sales@kdimedsupply.com mailto:yolanda@kdimedsupply.com mailto:sales@kdimedsupply.com

SUMMARY OF AMENDMENTS

Amendment Number

Effective Date Description

1 04/04/2025

This amendment is issued to update the cost summary page, scope of work and to add a summary of amendments page effective 04/04/2025. Additionally, it is issued to update the DAS Standard Terms and Conditions, rev. 03/01/2024 effective 04/04/2025

*Add a summary of amendments page effective 04/04/2025.

CONTRACT FOR: Personal Protective Equipment, Procedural/Surgical Masks