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INVITATION TO BID

DRC270079

The Ohio Department of Rehabilitation and Correction is requesting proposals for:

ODRC - Raw Material Plastic Bag Film for OPI Bag Shop.

Please see OhioBuys Sourcing Project SRC0000041643 for all applicable dates and times.

No proposals will be accepted after the OhioBuys sourcing project closing time and date.

OHIOBUYS

STATE OF OHIO ONLINE PURCHASING SOLUTION. OhioBuys provides the primary platform for Supplier partners to engage in procurement activities with the State of Ohio. For additional information on submitting proposals see the

“Viewing and Responding to Solicitations” Learner Guide or the “Viewing and Responding to Solicitations” Supplier

Training Video linked below.

Learner Guide https://das.ohio.gov/Portals/0/DASDivisions/GeneralServices/Procurment/pdf/S- LG.2%20Ohio%20Buys%20Viewing%20and%20Responding%20to%20Solicitations%20LG%20v1.9.pdf?ver=D89k3Z2q

EVzArAN9EzaVdQ%3d%3d

Viewing and Responding to Solicitations https://www.youtube.com/watch?v=K6iE32BUMJ0&feature=youtu.be

INQUIRIES. Offerors may make inquiries regarding this ITB any time during the inquiry period listed in the Calendar of

Events. To make an inquiry, Offerors must login to OhioBuys, navigate to the solicitation, open the Inquiry tab and submit their inquiry.

Offerors will not receive a personalized e-mail response to their question, nor will they receive notification when the question has been answered.

Offerors may view inquiries and responses on the OhioBuys Public Solicitations page by opening the Solicitation Overview and navigating to the inquiries section of that page. ODRC will try to respond to all inquiries within 48 hours of receipt, https://das.ohio.gov/Portals/0/DASDivisions/GeneralServices/Procurment/pdf/S-LG.2%20Ohio%20Buys%20Viewing%20and%20Responding%20to%20Solicitations%20LG%20v1.9.pdf?ver=D89k3Z2qEVzArAN9EzaVdQ%3d%3d https://das.ohio.gov/Portals/0/DASDivisions/GeneralServices/Procurment/pdf/S-LG.2%20Ohio%20Buys%20Viewing%20and%20Responding%20to%20Solicitations%20LG%20v1.9.pdf?ver=D89k3Z2qEVzArAN9EzaVdQ%3d%3d https://das.ohio.gov/Portals/0/DASDivisions/GeneralServices/Procurment/pdf/S-LG.2%20Ohio%20Buys%20Viewing%20and%20Responding%20to%20Solicitations%20LG%20v1.9.pdf?ver=D89k3Z2qEVzArAN9EzaVdQ%3d%3d https://das.ohio.gov/Portals/0/DASDivisions/GeneralServices/Procurment/pdf/S-LG.2%20Ohio%20Buys%20Viewing%20and%20Responding%20to%20Solicitations%20LG%20v1.9.pdf?ver=D89k3Z2qEVzArAN9EzaVdQ%3d%3d https://das.ohio.gov/Portals/0/DASDivisions/GeneralServices/Procurment/pdf/S-LG.2%20Ohio%20Buys%20Viewing%20and%20Responding%20to%20Solicitations%20LG%20v1.9.pdf?ver=D89k3Z2qEVzArAN9EzaVdQ%3d%3d https://das.ohio.gov/Portals/0/DASDivisions/GeneralServices/Procurment/pdf/S-LG.2%20Ohio%20Buys%20Viewing%20and%20Responding%20to%20Solicitations%20LG%20v1.9.pdf?ver=D89k3Z2qEVzArAN9EzaVdQ%3d%3d https://das.ohio.gov/Portals/0/DASDivisions/GeneralServices/Procurment/pdf/S-LG.2%20Ohio%20Buys%20Viewing%20and%20Responding%20to%20Solicitations%20LG%20v1.9.pdf?ver=D89k3Z2qEVzArAN9EzaVdQ%3d%3d https://das.ohio.gov/Portals/0/DASDivisions/GeneralServices/Procurment/pdf/S-LG.2%20Ohio%20Buys%20Viewing%20and%20Responding%20to%20Solicitations%20LG%20v1.9.pdf?ver=D89k3Z2qEVzArAN9EzaVdQ%3d%3d

2 | P a g e excluding weekends and State holidays. ORDC will not respond to any inquiries received after 4:00 pm. on the inquiry end date.

PURPOSE. The Ohio Department of Rehabilitation and Correction (ODRC) is soliciting competitive sealed bids raw material garment fabric and cloth sheeting and this ITB is the result of that request. If a suitable offer is made in response to this ITB, the State of Ohio (State), through ODRC, may enter into a contract (the Contract) to have the selected Offeror

(the Contractor) perform all or part of the Project (the Work). This ITB provides details on what is required to submit a bid for the Work, how the State will evaluate the Bids, and what will be required of the Contractor in performing the Work.

This ITB also gives the estimated dates for the various events in the submission process, selection process, and performance of the Work. While these dates are subject to change, prospective Offerors must be prepared to meet them as they currently stand.

Once awarded, the term of the Contract will be from the award date through December 31, 2026. Any further renewals will be by mutual agreement between the Contractor and ODRC for any number of times and for any period of time. The cumulative time of all mutual renewals may not exceed four (4) years and are subject to and are contingent upon the discretionary decision of the Ohio General Assembly to appropriate funds for this Contract in each new biennium. ODRC may renew all or part of this Contract subject to the satisfactory performance of the Contractor and the needs of the

Agency.

Any failure to meet a deadline in the submission or evaluation phases and any objection to the dates for performance of the Project may result in ODRC refusing to consider the Proposal of the Offeror.

BACKGROUND. The Ohio Department of Rehabilitation & Corrections (ODRC), as established under House Bill 494, with responsibilities defined in Ohio Revised Code 5120 oversees the supervision of over 44,900 offenders in Ohio at 28 state prisons, which includes 3 prisons operating as private prisons, contracted to the agency. The institutions vary in level of security and include corrections reception centers, correctional camps, and pre-release centers. The mission of ODRC is to reduce recidivism among those we touch. The values of the agency are aligned to support the mission of the agency.

The values of the agency are as follows: (1) Take care of our staff; they will transform our incarcerated population (2) One team-one purpose (3) Civility towards all and

(4) Hope is job one.

Final responsibility for operation of the Department rests with the Governor who appoints the Director. The Department's

Director serves at the pleasure of the Governor. The Director has full power and authority in the supervision and control of the Department's affairs and is its chief administrative officer.

Ohio Penal Industries (OPI) is a division of the Ohio Department of Rehabilitation and Correction. The OPI Plastic Bag

Shop, operating out of the London Correctional Institution (LoCI), employs incarcerated adults to produce all plastic bags for the incarcerated populations of the Department of Rehabilitation and Corrections (DRC) and for other State of Ohio government agencies.

Scope of Work

DRC270079 is initiated for the purchase of raw material plastic bag film for the OPI Plastic Bag Shop.

NOTE: This is not a request for a one-time shipment of all listed materials and quantities. This program has both immediate and on-going need for these materials. Due to the time-sensitive nature of the OPI Plastic Bag shop, the Agency requires delivery within thirty (30) days after receipt of order (ARO). The estimated quantities represent a “not to exceed quantity.” The Agency may require a reduced amount of any listed item and makes no guarantees to purchase any amount of product listed on this Invitation to Bid.

Offeror Requirements:

• Submit a bid for raw material plastic bag film that meets the standards identified in the ITB.

• Certify ability to complete the project and ship the proposed product within 30 days after receipt of a purchase

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• Describe experience of firm in providing raw material plastic bag film similar to this ODRC project.

• Affirm understanding of project requirements.

• Indicate willingness to comply with State of Ohio Contract Terms and Conditions, as provided and follow ODRC policies.

• Provide samples of proposed product within seven (7) business after receiving a request.

• Provide information pertaining to warranty for materials.

General Requirements:

• All products offered shall be free from any type of manufacturing defects, dirt, and debris which could impair the product’s appearance or usability. The product shall be uniform in color and shade with no visible variance throughout the length of the roll upon delivery. Defective products or materials discovered when the original roll, carton, or bale is opened and inspected for use will be rejected and returned immediately for credit at the

Contractor's expense.

• Product shall be packaged in accordance with industry standards to protect the product from the adverse effects of humidity, light, dust, dirt, moisture, and physical damage due to impact and crushing during shipping, transportation, and storage. Packages shall be clearly marked to indicate contents. A complete packing list shall accompany all deliveries.

• All materials offered in response to this bid shall be first quality, new, unused and without defect.

• If requested by OPI, the awarded Contractor shall furnish Safety Data Sheets for all materials as requested. The

Safety Data Sheets provided shall be in accordance with Federal Register Volume 77, No. 58, or current version.

Agency Requirements

• Prepare space in advance for delivery.

• Provide copies of all relevant policies and procedures.

• Provide any necessary contractor orientation prior to delivery.

• Provide any escorts required to accompany the vendor’s staff.

• Approve passes for clearance of contractor supplies into facility.

• Review product at completion for acceptance.

Delivery Locations

All items on this Invitation to Bid are subject to shipment to either of the following locations:

Location: LoCI Plastic Bag Shop

London Correctional Institution

1580 State Route 56

London, OH 43140

Items Listing: See “Specifications and Requirements” section below

Commodity Product Code Name UOM Estimated Quantity

Plastic films I1_1

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: .236 MIL thick, 24" wide film, 6" wide roll, star seal, TRANSLUCENT Linear Foot

900,000

Plastic films I1_2

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: .236 MIL thick, 24" wide film, 6" wide roll, star seal, VARIOUS COLORS Linear Foot

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Plastic films I1_3

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: .31 MIL thick, 33" wide film, 8.25" wide roll, star seal, Plastic films I1_4

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: .31 MIL thick, 33" wide film, 8.25" wide rolls, star seal, VARIOUS COLORS Linear Foot

Plastic films I1_5 HD/LLDPE BIODEGRADABLE Polyethylene Tubing: .5 MIL thick, 24" wide film, 6" wide roll, star seal, BLACK Linear Foot

Plastic films I1_6

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: .5

Plastic films I1_7

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: .5

Plastic films I1_8 HD/LLDPE BIODEGRADABLE Polyethylene Tubing: .7 MIL thick, 33" wide film, 8.25" wide roll, star seal, BLACK Linear Foot

Plastic films I1_9

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: .7

Plastic films I1_10

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: .7

Plastic films I1_11 HD/LLDPE BIODEGRADABLE Polyethylene Tubing: .9 MIL thick, 38" wide film, 9.5" wide roll, star seal, BLACK Linear Foot

Plastic films I1_12

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: .9 MIL thick, 38" wide film, 9.5" wide roll, star seal, Plastic films I1_13

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: .9 MIL thick, 38" wide film, 9.5" wide roll, star seal, VARIOUS

Plastic films I1_14

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: .9 MIL thick, 44" wide film, 11" wide roll, star seal, Plastic films I1_15

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: .9 MIL thick, 44" wide film, 11" wide roll, star seal, VARIOUS

Plastic films I1_16 HD/LLDPE BIODEGRADABLE Polyethylene Tubing: 1.5

Plastic films I1_17

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: 1.5

Plastic films I1_18

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: 1.5

Plastic films I1_19

MIL thick, 38" wide film, 6" wide roll, star seal, BLACK Linear Foot

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Plastic films I1_20

MIL thick, 38" wide film, 6" wide roll, star seal, Plastic films I1_21

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: 1.5 MIL thick, 38" wide film, 6" wide roll, star seal, VARIOUS

Plastic films I1_22

Plastic films I1_23

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: 1.5

Plastic films I1_24

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: 1.5

Plastic films I1_25

MIL thick, 49" wide film, 12.5" wide roll, star seal, BLACK Linear Foot

Plastic films I1_26 HD/LLDPE BIODEGRADABLE Polyethylene Tubing: 2 MIL thick, 34" wide film, 34" wide roll, flat seal, BLACK Linear Foot

Plastic films I1_27 HD/LLDPE BIODEGRADABLE Polyethylene Tubing. 2 MIL thick, 34" wide film, 34" wide roll, flat seal, TRANSLUCENT Linear Foot

Plastic films I1_28

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: 2 MIL thick, 34" wide film, 34" wide roll, flat seal, VARIOUS

Plastic films I1_29 HD/LLDPE BIODEGRADABLE Polyethylene Tubing: 3 MIL

Plastic films I1_30

Plastic films I1_31

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: 3MIL thick, 34" wide film, 34" wide roll, flat seal , VARIOUS

Plastic films I1_32

HD/LLDE NON-Biodegradable Polyethylene Tubing: .236

Plastic films I1_33

HD/LLDPE NON-Biodegradable Polyethylene Tubing: .236

Plastic films I1_34

HD/LLDPE NON-Biodegradable Polyethylene Tubing: .31

Plastic films I1_35

HD/LLDPE NON-Biodegradable Polyethylene Tubing: .31

Plastic films I1_36 HD/LLDPE BNON-Biodegradable Polyethylene Tubing: .5

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Plastic films I1_37

HD/LLDPE NON-Biodegradable Polyethylene Tubing: .5

Plastic films I1_38

HD/LLDPE NON-Biodegradable Polyethylene Tubing: .5

Plastic films I1_39 HD/LLDPE NON-Biodegradable Polyethylene Tubing: .7

Plastic films I1_40

HD/LLDPE NON-Biodegradable Polyethylene Tubing: .7

Plastic films I1_41

HD/LLDPE NON-Biodegradable Polyethylene Tubing: .7

Plastic films I1_42 HD/LLDPE NON-Biodegradable Polyethylene Tubing: .9

Plastic films I1_43

HD/LLDPE NON-Biodegradable Polyethylene Tubing: .9

Plastic films I1_44

HD/LLDPE NON-Biodegradable Polyethylene Tubing: .9

Plastic films I1_45

HD/LLDPE NON-Biodegradable Polyethylene Tubing: .9

Plastic films I1_46

HD/LLDPE NON-Biodegradable Polyethylene Tubing: .9

Plastic films I1_47 HD/LLDPE NON-Biodegradable Polyethylene Tubing: 1.5

Plastic films I1_48

HD/LLDPE NON-Biodegradable Polyethylene Tubing: 1.5

Plastic films I1_49

HD/LLDPE NON-Biodegradable Polyethylene Tubing: 1.5

Plastic films I1_50

Plastic films I1_51

HD/LLDPE NON-Biodegradable Polyethylene Tubing: 1.5

Plastic films I1_52

HD/LLDPE NON-Biodegradable Polyethylene Tubing: 1.5

Plastic films I1_53

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Plastic films I1_54

Plastic films I1_55

HD/LLDPE NON-Biodegradable Polyethylene Tubing: 1.5

Plastic films I1_56

Plastic films I1_57 HD/LLDPE NON-Biodegradable Polyethylene Tubing: 2 MIL thick, 34" wide film, 34" wide roll, flat seal, BLACK Linear Foot

Plastic films I1_58

HD/LLDPE NON-Biodegradable Polyethylene Tubing: 2 MIL thick, 34" wide film, 34" wide roll, flat seal, Plastic films I1_59

HD/LLDPE NON-Biodegradable Polyethylene Tubing: 2 MIL thick, 34" wide film, 34" wide roll, flat seal, VARIOUS

Plastic films I1_60 HD/LLDPE NON-Biodegradable Polyethylene Tubing: 3

Plastic films I1_61

HD/LLDPE NON-Biodegradable Polyethylene Tubing: 3

Plastic films I1_62

HD/LLDPE NON-Biodegradable Polyethylene Tubing:

3MIL thick, 34" wide film, 34" wide roll, flat seal , VARIOUS

Plastic films I1_63 HDPE BIODEGRADABLE Tubing: .236 MIL thick, 24" wide film, 6" wide roll, star seal, BLACK Linear Foot

Plastic films I1_64 film, 6" wide roll, star seal, TRANSLUCENT Linear Foot

Plastic films I1_65 film, 6" wide roll, star seal, VARIOUS COLORS Linear Foot

Plastic films I1_66 HDPE BIODEGRADABLE Tubing: .31 MIL thick, 33" wide film, 8.25" wide roll, star seal, BLACK Linear Foot

Plastic films I1_67 film, 8.25" wide roll, star seal, TRANSLUCENT Linear Foot

Plastic films I1_68 film, 8.25" wide roll, star seal, VARIOUS COLORS Linear Foot

Plastic films I1_69 HDPE BIODEGRADABLE Tubing: 1.5 MIL thick, 33" wide

Plastic films I1_70

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Plastic films I1_71

Plastic films I1_72 HDPE NON-biodegradable Tubing: .236 MIL thick, 24" wide film, 6" wide roll, star seal, BLACK Linear Foot

Plastic films I1_73 wide film, 6" wide roll, star seal, TRANSLUCENT Linear Foot

Plastic films I1_74 HDPE NON-biodegradableTubing: .236 MIL thick, 24" wide

Plastic films I1_75 HDPE NON-biodegradable Tubing: .31 MIL thick, 33" wide

Plastic films I1_76

Plastic films I1_77

Plastic films I1_78 HDPE NON-biodegradableTubing: 1.5 MIL thick, 33" wide

Plastic films I1_79 HDPE NON-biodegradable Tubing: 1.5 MIL thick, 33" wide

Plastic films I1_80

Plastic films I1_81 LLDPE BIODEGRADABLE Tubing: .236 MIL thick, 24"

Plastic films I1_82 wide film, 6" wide roll, star seal, VARIOUS COLORS Linear Foot

Plastic films I1_83 LLDPE BIODEGRADABLE Tubing: .31 MIL thick, 33" wide film, 8.25" wide roll, flat seal, TRANSLUCENT Linear Foot

Plastic films I1_84

Plastic films I1_85

Plastic films I1_86

Plastic films I1_87

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Plastic films I1_88 LLDPE BIODEGRADABLE Tubing: 1.5 MIL thick, 33" wide

Plastic films I1_89

Plastic films I1_90

Plastic films I1_91 LLDPE BIODEGRADABLE Tubing: 2 MIL thick, 34" wide film, 34" wide roll, flat seal, BLACK Linear Foot

Plastic films I1_92 film, 34" wide roll, flat seal, VARIOUS COLORS Linear Foot

Plastic films I1_93 LLDPE BIODEGRADABLE Tubing: 3 MIL thick, 34" wide

Plastic films I1_94

Plastic films I1_95 LLDPE NON-biodegradable Tubing: .236 MIL thick, 24"

Plastic films I1_96

Plastic films I1_97 LLDPE NON-biodegradable Tubing: .31 MIL thick, 33" wide film, 8.25" wide roll, flat seal, TRANSLUCENT Linear Foot

Plastic films I1_98

Plastic films I1_99 wide film, 8.25" wide roll, star seal, BLACK Linear Foot

Plastic films I1_100 wide film, 8.25" wide roll, star seal, TRANSLUCENT Linear Foot

Plastic films I1_101 wide film, 8.25" wide roll, star seal, VARIOUS COLORS Linear Foot

Plastic films I1_102 LLDPE NON-biodegradable Tubing: 1.5 MIL thick, 33"

Plastic films I1_103

Plastic films I1_104

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Plastic films I1_105 LLDPE NON-biodegradable Tubing: 2 MIL thick, 34" wide

Plastic films I1_106

Plastic films I1_107 LLDPE NON-biodegradable Tubing: 3 MIL thick, 34" wide

Plastic films I1_108

Plastic films I1_109 FDA Approved LLDPE, BIODEGRADABLE Tubing: .5 MIL thick, 19" wide film, 19: wide roll, 8" gusset, BLACK Linear Foot

Plastic films I1_110

FDA Approved LLDPE, BIODEGRADABLE Tubing: .5 MIL thick, 19" wide film, 19: wide roll, 8" gusset, Plastic films I1_111

FDA Approved LLDPE, BIODEGRADABLE Tubing: .5 MIL thick, 19" wide film, 19: wide roll, 8" gusset, VARIOUS

Plastic films I1_112

FDA Approved LLDPE, BIODEGRADABLE Tubing: 1.5 MIL thick, 14" wide film, 14" wide roll, 14" gusset, Plastic films I1_113

FDA Approved LLDPE, BIODEGRADABLE Tubing: 1.5 MIL Thick, 14" wide film, 14" wide roll, 14" gusset, Plastic films I1_114 FDA Approved LLDPE, BIODEGRADABLE Tubing: 1.5 MIL thick, 22" wide film, 22: wide roll, 14" gusset, BLACK Linear Foot

Plastic films I1_115

FDA Approved LLDPE, BIODEGRADABLE Tubing: 1.5 MIL thick, 22" wide film, 22" wide roll, 14" gusset, Plastic films I1_116

FDA Approved LLDPE, BIODEGRADABLE Tubing: 1.5

Plastic films I1_117 FDA Approved LLDPE, BIODEGRADABLE Tubing: 2.0 MIL thick, 9" wide film, 9" wide roll, 5" gusset, BLACK Linear Foot

Plastic films I1_118

FDA Approved LLDPE, BIODEGRADABLE Tubing: 2.0 MIL thick, 9" wide film, 9" wide roll, 5" gusset, Plastic films I1_119

FDA Approved LLDPE, BIODEGRADABLE Tubing: 2.0 MIL thick, 9" wide film, 9" wide roll, 5: gusset, VARIOUS

Plastic films I1_120 FDA Approved LLDPE, NON-Biodegradable Tubing: .5 MIL

Plastic films I1_121

FDA Approved LLDPE, NON-Biodegradable Tubing: .5 MIL

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Plastic films I1_122 thick, 19" wide film, 19" wide roll, 8" gusset, VARIOUS

Plastic films I1_123

FDA Approved LLDPE, NON-Biodegradable Tubing: 1.5

Plastic films I1_124

FDA Approved LLDPE, NON-Biodegradable Tubing: 1.5

Plastic films I1_125 FDA Approved LLDPE, NON-Biodegradable Tubing: 1.5 MIL thick, 22" wide film, 22" wide roll, 14" gusset, BLACK Linear Foot

Plastic films I1_126

FDA Approved LLDPE, NON-Biodegradable Tubing: 1.5

Plastic films I1_127

FDA Approved LLDPE, NON-Biodegradable Tubing: 1.5

Plastic films I1_128 FDA Approved LLDPE, NON-Biodegradable Tubing: 2.0

Plastic films I1_129

FDA Approved LLDPE, NON-Biodegradable Tubing: 2.0

Plastic films I1_130

FDA Approved LLDPE, NON-Biodegradable Tubing: 2.0 MIL thick, 9" wide film, 9" wide roll, 5" gusset, VARIOUS

SPECIFICATIONS AND REQUIREMENTS

o SCOPE

The purpose of this Contract is to obtain standard heavy duty plastic bag film/tube material for the Ohio

Penal Industries (OPI). The supplies purchased will be utilized to produce trash bags for use in an office environment as well as FDA-approved poly bags for use in the meat processing career center. Material offered must be compatible with the Plascon Model BSM 1300 Plastic Bag Machine.

o CLASSIFICATION

The following categories of material are required and are listed on the solicitation item grid.

▪ HD/LLDPE Material shall be made of a 50/50 blend of High Density and Linear Low Density Polyethylene (HD/LLDPE) resins in the specified gauge, film width, roll width, seal type, and color.

▪ HDPE Material made of 100% High Density Polyethylene (HDPE) resins in the specified gauge, film width, roll width, seal type, and color.

▪ LLDPE Material made of 100% Linear Low Density Polyethylene (LLDPE) resins in the specified gauge, film width, roll width, seal type, and color.

▪ LLDPE, FDA Approved Material made of 100% Linear Low Density Polyethylene (LLDPE) resins which have been approved by the U.S. Food and Drug Administration (FDA) for food contact as listed in this solicitation in the specified gauge, film width, roll width, gusset, and color.

o APPLICABLE DOCUMENTS

TESTING The latest revision of the American Society for Testing and Materials (ASTM) Standards shall be applied as the standards for the items listed in this solicitation. ( http://www.astm.org ) The Contractor is responsible for arranging and paying for the test as part of the quality assurance process. The Contractor must provide material test results upon request.

• SUITABILITY OF PURPOSE All film supplied pursuant to this Invitation to Bid shall pass the following standard testing methods at a level that insures their suitability for their intended purposes.

o Standard Test Method for Propagation Tear Resistance of Plastic Film and Thin Sheeting, ASTM D1922.

12 | P a g e o Standard Test Method for Tensile Properties of Thin Plastic Sheeting, ASTM D882.

▪ Elongation

▪ Tensile Strength o Standard Test Methods for Impact Resistance of Plastic Film, ASTM D1709

• BIODEGRADATION All film supplied pursuant to this Invitation to Bid designated as biodegradable shall successfully pass the following standard testing methods resulting in their classification as “biodegradable.”

o Standard Test Method for Determining the Aerobic Biodegradations of Plastic Materials in the Presence of Municipal Sewage Sludge, ASTM D5209.

o Standard Test Method for Determining Aerobic Biodegradations of Plastic Materials under Controlled Compositing Conditions, ASTM D5338.

o Standard Test Methods for Determining Anaerobic Biodegradations of Plastic Materials Under HighSolid Anaerobic Digestion Conditions, ASTM D5511.

• FDA COMPLIANCE The material identified as FDA Approved shall comply with all regulations and requirements of the following standards.

• Federal Food, Drug, and Cosmetic Act (FFDCA)

• U.S. Food and Drug Administration Code of Federal Regulations (FDA CFR) Title 21 parts 174.56 and 177.1520

• FDA certification of compliance as “food grade.” The Bidder shall upload this certification were indicated in the solicitation questionnaire.

o SPECIFICATIONS

▪ GENERAL REQUIREMENTS The following requirements apply to all materials supplied per this

Invitation to Bid.

• GAUGE The gauge of the material supplied shall be within 10% (±) of the specified actual gauge.

• FILM WIDTH The film width of the material supplied shall be within ½” (±) of the specified film width.

• ROLL WIDTH The roll width of the material supplied shall be within ½” (±) of the specified roll width.

• ROLL DIAMETER The material supplied shall be wound on a carboard core. The diameter of this complete roll shall measure no less than 22” and no more than 34”.

• CORE The cardboard core shall have an inside diameter of 3” and shall be of suitable thickness to support the weight of the material wound upon it.

• ROLL WEIGHT The weight of the complete roll of material shall not exceed 325 lbs.

• COLOR The colors of the Standard plastic bag film shall fall within one of three categories: black, translucent, and various colors.

The various colors category currently includes blue, orange, and red. The Contractor shall be capable of supplying the blue, orange, and red film for the duration of the Contract.

Other colors may be added to this category during the term of the Contract at the discretion of the Ohio Department of Rehabilitation and Correction.

▪ PERFORATION

• The State will have the option to order the material perforated.

▪ FDA APPROVE MATERIALS

• The materials listed as FDA Approved, in addition to the General Requirements listed above, shall NOT contain any post-consumer material.

o QUANTITIES

▪ OPI reserves the right to order any quantity necessary, up to the listed estimated quantity, to meet the requirements of OPI. No guarantee is made by OPI to purchase any amount of product from any Contractor.

Cost Summary

ODRC – Raw Material Plastic Bag Film for OPI Bag Shop

DRCB-25-3348

Product Code Name UOM Estimated Quantity

Cost per Linear Foot Total

I1_1

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: .236

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I1_2

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: .236

I1_3

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: .31

I1_4

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: .31

I1_5 HD/LLDPE BIODEGRADABLE Polyethylene Tubing: .5

I1_6

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: .5

I1_7

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: .5

I1_8 HD/LLDPE BIODEGRADABLE Polyethylene Tubing: .7

I1_9

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: .7

I1_10

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: .7

I1_11 HD/LLDPE BIODEGRADABLE Polyethylene Tubing: .9

I1_12

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: .9

I1_13

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: .9

I1_14

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: .9

I1_15

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: .9

I1_16

I1_17

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: 1.5

I1_18

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: 1.5

14 | P a g e

I1_19

I1_20

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: 1.5

I1_21

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: 1.5

I1_22

I1_23

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: 1.5

I1_24

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: 1.5

I1_25

I1_26 HD/LLDPE BIODEGRADABLE Polyethylene Tubing: 2 MIL

I1_27 HD/LLDPE BIODEGRADABLE Polyethylene Tubing. 2 MIL

I1_28

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: 2 MIL thick, 34" wide film, 34" wide roll, flat seal, VARIOUS

I1_29

I1_30

I1_31

HD/LLDPE BIODEGRADABLE Polyethylene Tubing: 3MIL thick, 34" wide film, 34" wide roll, flat seal , VARIOUS

I1_32

HD/LLDE NON-Biodegradable Polyethylene Tubing: .236

I1_33

HD/LLDPE NON-Biodegradable Polyethylene Tubing: .236

I1_34

HD/LLDPE NON-Biodegradable Polyethylene Tubing: .31

I1_35

HD/LLDPE NON-Biodegradable Polyethylene Tubing: .31

15 | P a g e

I1_36 HD/LLDPE BNON-Biodegradable Polyethylene Tubing: .5

I1_37

HD/LLDPE NON-Biodegradable Polyethylene Tubing: .5

I1_38

HD/LLDPE NON-Biodegradable Polyethylene Tubing: .5

I1_39 HD/LLDPE NON-Biodegradable Polyethylene Tubing: .7

I1_40

HD/LLDPE NON-Biodegradable Polyethylene Tubing: .7

I1_41

HD/LLDPE NON-Biodegradable Polyethylene Tubing: .7

I1_42 HD/LLDPE NON-Biodegradable Polyethylene Tubing: .9

I1_43

HD/LLDPE NON-Biodegradable Polyethylene Tubing: .9

I1_44

HD/LLDPE NON-Biodegradable Polyethylene Tubing: .9

I1_45

HD/LLDPE NON-Biodegradable Polyethylene Tubing: .9

I1_46

HD/LLDPE NON-Biodegradable Polyethylene Tubing: .9

I1_47

I1_48

HD/LLDPE NON-Biodegradable Polyethylene Tubing: 1.5

I1_49

HD/LLDPE NON-Biodegradable Polyethylene Tubing: 1.5

I1_50

I1_51

HD/LLDPE NON-Biodegradable Polyethylene Tubing: 1.5

I1_52

HD/LLDPE NON-Biodegradable Polyethylene Tubing: 1.5

16 | P a g e

I1_53

I1_54

HD/LLDPE NON-Biodegradable Polyethylene Tubing: 1.5

I1_55

HD/LLDPE NON-Biodegradable Polyethylene Tubing: 1.5

I1_56

I1_57 HD/LLDPE NON-Biodegradable Polyethylene Tubing: 2

I1_58

HD/LLDPE NON-Biodegradable Polyethylene Tubing: 2

I1_59

HD/LLDPE NON-Biodegradable Polyethylene Tubing: 2 MIL thick, 34" wide film, 34" wide roll, flat seal, VARIOUS

I1_60 HD/LLDPE NON-Biodegradable Polyethylene Tubing: 3

I1_61

HD/LLDPE NON-Biodegradable Polyethylene Tubing: 3

I1_62

HD/LLDPE NON-Biodegradable Polyethylene Tubing:

3MIL thick, 34" wide film, 34" wide roll, flat seal , VARIOUS

I1_63 film, 6" wide roll, star seal, BLACK Linear Foot

I1_64 film, 6" wide roll, star seal, TRANSLUCENT Linear Foot

I1_65

I1_66

I1_67

I1_68

I1_69

17 | P a g e

I1_70

I1_71

I1_72 wide film, 6" wide roll, star seal, BLACK Linear Foot

I1_73

I1_74 HDPE NON-biodegradableTubing: .236 MIL thick, 24" wide

I1_75

I1_76

I1_77

I1_78 HDPE NON-biodegradableTubing: 1.5 MIL thick, 33" wide

I1_79

I1_80

I1_81

I1_82

I1_83

I1_84

I1_85

I1_86

18 | P a g e

I1_87

I1_88

I1_89

I1_90

I1_91

I1_92

I1_93

I1_94

I1_95

I1_96

I1_97

I1_98

I1_99

I1_100

I1_101

I1_102

I1_103

19 | P a g e

I1_104

I1_105

I1_106

I1_107

I1_108

I1_109 FDA Approved LLDPE, BIODEGRADABLE Tubing: .5 MIL

I1_110

FDA Approved LLDPE, BIODEGRADABLE Tubing: .5 MIL

I1_111

FDA Approved LLDPE, BIODEGRADABLE Tubing: .5 MIL thick, 19" wide film, 19: wide roll, 8" gusset, VARIOUS

I1_112

FDA Approved LLDPE, BIODEGRADABLE Tubing: 1.5

I1_113

FDA Approved LLDPE, BIODEGRADABLE Tubing: 1.5 MIL Thick, 14" wide film, 14" wide roll, 14" gusset, I1_114 FDA Approved LLDPE, BIODEGRADABLE Tubing: 1.5 MIL thick, 22" wide film, 22: wide roll, 14" gusset, BLACK Linear Foot

I1_115

FDA Approved LLDPE, BIODEGRADABLE Tubing: 1.5

I1_116

FDA Approved LLDPE, BIODEGRADABLE Tubing: 1.5

I1_117 FDA Approved LLDPE, BIODEGRADABLE Tubing: 2.0

I1_118

FDA Approved LLDPE, BIODEGRADABLE Tubing: 2.0

I1_119

FDA Approved LLDPE, BIODEGRADABLE Tubing: 2.0 MIL thick, 9" wide film, 9" wide roll, 5: gusset, VARIOUS

I1_120

20 | P a g e

I1_121

I1_122

FDA Approved LLDPE, NON-Biodegradable Tubing: .5 MIL thick, 19" wide film, 19" wide roll, 8" gusset, VARIOUS

I1_123

FDA Approved LLDPE, NON-Biodegradable Tubing: 1.5

I1_124

FDA Approved LLDPE, NON-Biodegradable Tubing: 1.5

I1_125 FDA Approved LLDPE, NON-Biodegradable Tubing: 1.5 MIL thick, 22" wide film, 22" wide roll, 14" gusset, BLACK Linear Foot

I1_126

FDA Approved LLDPE, NON-Biodegradable Tubing: 1.5

I1_127

FDA Approved LLDPE, NON-Biodegradable Tubing: 1.5

I1_128 FDA Approved LLDPE, NON-Biodegradable Tubing: 2.0

I1_129

FDA Approved LLDPE, NON-Biodegradable Tubing: 2.0

I1_130

FDA Approved LLDPE, NON-Biodegradable Tubing: 2.0 MIL thick, 9" wide film, 9" wide roll, 5" gusset, VARIOUS

Total Cost ------------------ ------------------ -----------

Standards are included with the item where applicable

Note: Cost column is for each linear foot. Provide all costs related to completing projects. Shipping must be included in the cost.

Please provide your expected delivery terms after receipt of order in your OhioBuys proposal.

Total bid is all inclusive.

Provide a separate itemized listing of all proposed materials.

Payment Terms are Net 30.

Fiscal Year 2026 equals July1, 2025 through June 30, 2026

All costs must be in U.S. Dollars.

The State will not be responsible for any costs not identified.

There will be no additional reimbursement for travel or other related expenses.

21 | P a g e

BACKGROUND CHECKS

A Background check (LEADS) shall be completed on any individual contractor and may be conducted on anyone coming into a correctional facility to provide supplies or services, prior to the contracted services being performed. Information obtained from the background check shall be used to determine whether a contract may be awarded. ODRC will consider all aspects of an individual's record and will give consideration to individuals with a criminal record.The cost of the investigation will be the responsibility of the ODRC. Staff names shall be provided by the awarded Contractor to ODRC within one week of contract award.

Awarded personnel must comply with current, and future state, federal and local laws, court orders, administrative regulation, administrative directives, and policies and procedures of the ODRC and its respective institutions. DRC policies can be viewed at: http://www.drc.ohio.gov/web/drc_policies/drc_policies.htm.

INVITATION TO BID INSTRUCTIONS

OhioBuys provides the primary platform for Supplier partners to engage in procurement activities with the State of Ohio.

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

SPECIAL INSTRUCTIONS TO BIDDERS

This will be an all-inclusive bid. Please list all fees on the Cost Summary (bid form).

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.

CONTRACT AWARD

The contract will be awarded to the lowest responsive and responsible bidders. The estimated cost 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 on all items may result in the bidder being deemed not responsive. However, at the discretion of ODRC, the contract may be awarded to multiple contractors in the order of lowest responsive and responsible.

EVALUATION

Bids will be evaluated in accordance with Article I-15 of the “Instructions to Bidders.”

STANDARD CONTRACT - TERMS AND CONDITIONS

(Terms and Conditions for Entities Under State of Ohio May Differ) http://www.drc.ohio.gov/web/drc_policies/drc_policies.htm http://www.drc.ohio.gov/web/drc_policies/drc_policies.htm http://www.drc.ohio.gov/web/drc_policies/drc_policies.htm http://www.drc.ohio.gov/web/drc_policies/drc_policies.htm

22 | P a g e

A. INSTITUTIONAL SECURITY REQUIREMENTS. Due to institutional security requirements, available hours to perform services or render supplies may be limited. The Contractor and Agency staff will negotiate a mutually agreeable schedule to provide services/render supplies. The Contractor recognizes the security requirements for entering a correctional institution and acknowledges receipt of the “Standards of Conduct for Contractors”. By signing this Contract, the Contractor agrees to comply with these standards and with safety rules and procedures.

B. INDEPENDENT CONTRACTOR ACKNOWLEDGEMENT. It is fully understood and agreed that Contractor is an independent contractor and is not an agent, servant, or employee of the Agency or the State of Ohio. Contractor declares that it is engaged as an independent business and has complied with all applicable federal, state, and local laws regarding business permits and licenses of any kind, including but not limited to any insurance coverage, workers’ compensation, or unemployment compensation that is required in the normal course of business and will assume all responsibility for any federal, state, municipal or other tax liabilities. Additionally, Contractor understands that as an independent contractor, it is not a public employee and is not entitled to contributions from the Agency or the State of Ohio to any public employee retirement system.

Contractor acknowledges and agrees any individual providing services or rendering supplies under this Contract is not a public employee for purposes of Chapter 145 of the Ohio Revised Code. Unless Contractor is a “business entity” as that term is defined in Section 145.037 of the Ohio Revised Code (“an entity with five or more employees that is a corporation, association, firm, limited liability company, partnership, sole proprietorship, or other entity engaged in business”) Contractor shall have any individual performing services or rendering supplies under the Contract complete and submit to the Ordering Agency the Independent

Contractor/Worker Acknowledgement form.

Contractor’s failure to complete and submit the Independent Contractor/Worker Acknowledgement prior to commencement of the work, service or deliverable, provided under this Contract, shall serve as Contractor’s certification that Contractor is a “Business entity” as the term is defined in Section 145.037 of the Ohio Revised Code.

C. CONTRACTOR TRAINING: If applicable, Agency shall provide Contractor the necessary orientation and a copy of the relevant

Agency’s policies and procedures by which Contractor is expected to abide while on Agency premises.

D. APPROPRIATION OF FUNDS. The Agency’s funds and validity of this Contract are contingent upon the availability of lawful appropriations by the Ohio General Assembly. If the General Assembly fails at any time to continue funding for the payments or any other obligations due by the Agency under this Contract, the Agency will be released from its obligations on the date funding expires. If appropriations are approved, the Agency may continue this Contract past the current biennium by issuing written notice of continuation to the Contractor. Any obligations of the Agency are subject to Section 126.07 of the Ohio Revised Code.

E. CONFLICT OF INTEREST/ETHICS. Contractor represents, warrants and certifies that it and its employees engaged in the administration or performance of this Contract are knowledgeable of and understand the Ohio Ethics and Conflict of Interest laws including but not limited to Chapter 102 and Sections 2921.42 and 2921.43 of the Ohio Revised Code. Contractor further represents, warrants, and certifies that neither Contractor nor any of its employees will do any act that is inconsistent with such laws.

F. AMENDMENTS. No change to any provision of this Contract will be effective unless it is in writing and signed by both parties.

Notwithstanding the foregoing, the Agency may reduce nonmaterial changes to writing and provide notice to the Contractor.

G. WAIVER. The failure of either party at any time to demand strict performance by the other party of any of the terms of this Contract will not be a waiver of those terms or to any other terms of this Contract. Waivers must be in writing to be effective, and either party may at any later time demand strict performance.

H. COMPLIANCE WITH LAW. The Contractor must comply throughout the duration of the Contract with all applicable federal, state, local laws and Executive Orders while performing under this Contract. This shall include maintaining all business permits and licenses of any kind necessary to its business or to this contract. Contractor’s failure to maintain required licensure is a breach of Contract.

I. REGISTRATION WITH THE SECRETARY OF STATE. Contractor certifies that it is either: 1. A company that is properly registered with the Ohio Secretary of State; or 2. A foreign corporation not incorporated under the laws of the State of Ohio but is registered with the Ohio Secretary of State pursuant to Sections 1703.01 to 1703.31 of the Ohio Revised Code, as applicable; or c. Exempt from registration requirements of the Ohio Secretary of State.

J. EQUAL EMPLOYMENT OPPORTUNITY. The Contractor will comply with all state and federal laws regarding equal employment opportunity and fair labor and employment practices, including Section 125.111 of the Ohio Revised Code and all related

Executive Orders. Before a Contract can be awarded or renewed, an Affirmative Action Plan must be submitted to and approved by the Ohio Department of Development, Minority Business Development Division.

K. RIGHTS IN DATA. Agency shall have unrestricted authority to reproduce, distribute and use (in whole or in part) any reports, data or materials prepared by Contractor pursuant to this Contract. No such documents or other materials produced (in whole or in part) with funds provided to Contractor by Agency shall be subject to copyright by Contractor in the United States or any other country. Contractor agrees that all deliverables hereunder shall be made freely available to the general public to the extent permitted or required by law.

23 | P a g e

L. INVOICE REQUIREMENTS. The Contractor or dealer, authorized to submit invoices, must submit an original invoice to the office designated in the purchase order. The Contractor will only be compensated for the Deliverables accepted by the Agency. To be a proper invoice, the invoice must include the following: 1. The purchase order number authorizing the delivery of supplies or services; 2. Agency Contract Number (if used); 3. Agency Name; 4. Agency Billing Address; 5. Delivery location of supplies or services; 6. Contractor Name; 7. Contractor Address; 8. Contractor’s Unique Invoice Number; 9. Date that services were provided or that supplies were delivered; 10. Itemization of supplies or services provided, including cost; 11. For leases, the invoice must also include the payment number (e.g., 1 of 36); 12. For time and material Contracts, the invoice must reflect labor hours actually worked and, if applicable, supplies used; and; 13. Clear statement of total payment expected.

M. PAYMENT DUE DATE AND PROCESS. In accordance with Section 126.30 of the Ohio Revised Code payments under this

Contract will be due on the 30th calendar day after the date of actual receipt of a proper invoice in the office designated to receive the invoice. The date payment is issued by the Agency will be considered the date payment is made. Payment of an invoice by the Agency will not prejudice the Agency’s right to object to or question that or any other invoice or matter in relation thereto. The

Agency’s preferred method of payment is by electronic funds transfer. However, the Ordering Agency may also make payment by State of Ohio payment card or by warrant issued by the Auditor of State. At the time of Contract award, Contractor must be able to accept all forms of payment from the State and Agency.

N. GENERAL REPRESENTATIONS AND WARRANTIES. The Contractor warrants that: 1. The recommendations, guidance, and performance of the Contractor under this Contract will be in accordance with the industry’s professional standards, the requirements of this Contract and without any material defect. 2. No Deliverable will infringe on the intellectual property rights of any third party. 3. All warranties are in accordance with the Contractor’s standard business practices. 4. The Deliverables are merchantable and fit for the particular purpose described in this Contract and will perform substantially in accordance with its user manuals, technical materials, and related writings. 5. The Deliverables comply with all governmental, environmental and safety standards. 6. The Contractor has the right to enter into this Contract. 7. The Contractor has not entered into any other contracts or employment relationships that restrict the Contractor’s ability to perform under this Contract. 8. The Contractor will observe and abide by all applicable laws and regulations, including those of the Agency regarding conduct on any premises under the

State of Ohio’s control. 9. The Contractor has good and marketable title to any Deliverable delivered under this Contract for which title passes to the Agency. 10. The Contractor has the right and ability to grant the license granted in any Deliverable for which title does not pass to the Agency. If any work of the Contractor or any Deliverable fails to comply with these warranties, and the

Contractor is so notified in writing, the Contractor will correct such failure in a commercially reasonable time or as specified in the

Contract. If the Contractor fails to comply, the Contractor will refund the amount paid for the Deliverable. The Contractor will also indemnify the Agency and the State of Ohio for any direct damages and claims by third parties based on breach of these warranties. Any other express warranties offered by the Contractor shall be a minimum of one year or the Contractor’s standard warranty whichever is longer.

O. INDEMNITY. The Contractor shall indemnify the Agency for any and all claims, damages, lawsuits, costs, judgments, expenses, and any other liabilities including, but not limited to, bodily injury to any person (including injury resulting in death) or damage to property, that may arise out of, or are related to, the Contractor’s performance under this Contract, providing such is due to the negligence or other tortious conduct of the Contractor, the Contractor’s employees, agents, or subcontractors. The Contractor must also indemnify the Agency against any claim of infringement of a copyright, patent, trade secret, or similar intellectual property right based on the Agency’s proper use of any Deliverable under this Contract. This obligation of indemnification will not apply where the Agency has modified or misused the Deliverable and the claim of infringement is based on the modification or misuse. If a successful claim of infringement is made, or if the Contractor reasonably believes that an infringement claim that is pending may actually succeed, the Contractor must take one (1) of the following four (4) actions: 1. Modify the Deliverable so that the Deliverable is no longer infringing; 2. Replace the Deliverable with an equivalent or better item; 3. Acquire the right for the

Agency to use the infringing Deliverable as intended; or 4. Remove the infringing Deliverable and refund the fee the Agency paid for such Deliverable and any other affected Deliverable.

P. The Agency agrees to give the Contractor notice of any such claim as soon as reasonably practicable and to give the Contractor the authority to settle or otherwise defend any such claim upon consultation with and approval by the Office of the Ohio Attorney

General.

Q. CONTRACT REMEDIES. 1. Actual Damages. The Contractor is liable to the Agency for all actual and direct damages caused by the Contractor’s default. The Agency may self-perform or buy substitute Deliverables from a third party for those that were to be provided by the Contractor. The Agency may recover the costs associated with acquiring substitute Deliverables, less any expenses or costs avoided by the Contractor’s default.; 2. Liquidated Damages. If actual and direct damages are uncertain or difficult to determine, the Agency may recover liquidated damages. Unless otherwise specified, liquidated damages will be in the amount of 1% of the value of the order, Deliverable, or milestone that are the subject of the default, for every day that the default is not cured by the Contractor; 3. Deduction of Damages from Contract Price. The Agency may withhold payment and deduct all or any part of the damages resulting from the Contractor’s default from any part of the Contractor’s compensation still due on the Contract; 4. Suspension of Contracting Rights. Any Contractor that fails to perform on a contract may be held liable for damages incurred by Agency. In addition, a Contractor who breaches a contract or fails to perform on a contract may be precluded from being awarded any subsequent contract for the same or similar service for up to two (2) years after the termination of this contract, for cause, by Agency; 5. Limitation of Liability. Notwithstanding any limitation provisions contained in the documents and materials incorporated by reference into this Contract, the parties agree as follows: (a) Neither party will be liable for any

24 | P a g e indirect, incidental or consequential loss or damage of any kind including but not limited to lost profits, even if the parties have been advised, knew, or should have known of the possibility of damages. (b) The Contractor further agrees that the Contractor shall be liable for all direct damages due to the fault or negligence of the Contractor.

R. WORKERS’ COMPENSATION. Workers’ compensation insurance, as required by Ohio law or the laws of any other state where work under this Contract will be done, shall be maintained. Contractor shall furnish proof of coverage by providing a copy of their

Ohio Bureau of Workers’ Compensation certificate. The Contractor will also maintain employer’s liability insurance with at least a

$1,000,000.00 limit.

S. AUTOMOBILE AND GENERAL LIABILITY INSURANCE. During the term of the Contract and any renewal thereto, the

Contractor, and any agent of the Contractor, at its sole cost and expense shall maintain a policy of Automobile Liability Insurance in accordance with the State and Federal laws, unless otherwise stated. In addition, Contractor shall carry Commercial General

Liability Insurance coverage with a $1,000,000 annual aggregate and a $500,000 per occurrence limit for bodily injury, personal injury, wrongful death and property damage. The defense cost shall be outside the policy limits. Such policy shall designate the

Ohio Department of Rehabilitation as an Additional Insured, as its interest may appear. The policy shall also be endorsed to include a blanket waiver of subrogation and a statement that the Contractor’s commercial general liability insurance shall be primary over any other coverage. Umbrella/excess liability insurance may be used to meet the required limits and the coverage must follow form. The Agency reserves the right to approve all policy deductibles and levels of self-insured retention-captive insurance programs and may require the Contractor to have their policy(ies) endorsed to reflect per project / per location general aggregate limits.

T. TAXES. Pursuant to Section 5739.02 of the Ohio Revised Code, the Agency is exempt from sales tax.

U. TRAVEL. Any travel that the Contractor requires to perform its obligations under this Contract will be at the Contractor’s expense.

The Agency will pay for any additional travel that it requests only with prior written approval. The Agency will pay for all additional travel expenses that it requests in accordance with Section 126.31 of the Ohio Revised Code and Rule 126-102 of the Ohio

Administrative Code.

V. CONFIDENTIALITY. The Contractor may learn of information, documents, data, records, or other material that is confidential in the performance of this…