ITB008551_Original_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: Biodegradable Plastic Bag Film

CONTRACT No.: ITB008551

CONTRACT ID: 8551

EFFECTIVE DATES: 11/1/2022 to 10/31/2025

SUPPLIER: POLY SERVICES INC

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No. SRC 0000005994. 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 thirty-six (36) months unless the Contracting Agency determines that additional renewal is necessary.

This Requirements Contract is available to the Ohio Department of Rehabilitation and Correction, as applicable.

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

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

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

Signed: _____________________________________________________________________

Kathleen C. Madden, Director Date https://supplier-emarketplace.ohio.gov/page.aspx/en/usr/login?ReturnUrl=/page.aspx/en/buy/homepage

1 - SPECIFICATIONS AND REQUIREMENTS

1.1 - SCOPE

The purpose of this Contract is to obtain biodegradable 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 (see Exhibit A).

1.2 - CLASSIFICATION

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

1.2.1 - 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.

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

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

1.2.4 - 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.

1.3 - APPLICABLE DOCUMENTS

1.3.1 - 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.

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

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

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

1.3.1.1.3 Standard Test Methods for Determining Anaerobic Biodegradations of Plastic Materials Under High- Solid Anaerobic Digestion Conditions, ASTM D5511.

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

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

1.3.1.2.2 Standard Test Method for Tensile Properties of Thin Plastic Sheeting, ASTM D882.

1.3.1.2.2.1 Elongation

1.3.1.2.2.2 Tensile Strength

1.3.1.2.3 Standard Test Methods for Impact Resistance of Plastic Film, ASTM D1709

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

http://www.astm.org/

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

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

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

1.4 - SPECIFICATIONS

1.4.1 - GENERAL REQUIREMENTS The following requirements apply to all materials supplied per this Contract.

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

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

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

1.4.1.4 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”.

1.4.1.5 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.

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

1.4.1.7 COLOR The colors of the biodegradable 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.

1.4.1.8 PERFORATION The State will have the option to order the material perforated.

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

2 - STANDARD TERMS AND CONDITIONS

State of Ohio Standard Terms and Conditions (revised 4/19/22) 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 - MINORITY BUSINESS ENTERPRISE (MBE) SET ASIDE

The State is committed to making more State contracts and opportunities available to minority business enterprises (MBE) certified by the State of Ohio pursuant to Section 123.151 of the Ohio Revised Code and Rule 123:2-15-01 of the Ohio Administrative Code, as those provisions may be amended, renumbered, replaced or otherwise modified. This solicitation is being issued as a minority set aside contract in accordance with Section 125.081 of the Ohio Revised Code. All suppliers must be an Ohio certified MBE as of the solicitation due/opening date. Pursuant to OAC 123:2-14-02 (V), suppliers are required to be certified in the appropriate UNSPS Code for the products, supplies, or services specified in the solicitation. If https://procure.ohio.gov/pdf/Standard_T_C_041922.pdf a certification application has been submitted that needs to be expedited to meet the solicitation due/opening date, contact the Minority Business Development Division at the Department of Development. For more information regarding Ohio MBE certification requirements, including a list of Ohio certified MBE businesses, please visit Development’s Minority Business Development Division web site.

Any supplier seeking to submit a response to this solicitation must provide a copy of its Ohio MBE certification with its response. The supplier must maintain a valid certification throughout the term of the Contract, including any renewals.

Failure to maintain a valid certification will be considered a breach of the Contract.

The UNSPS Commodity Code for this solicitation is 13111200.

3.4 - BID EVALUATION

Bids will be evaluated in accordance with Article I-15 of the “Instructions to Bidders”. In addition, the state will multiply the unit cost by the estimated usage listed in the bid and then add each of the totals together to arrive at a total for all items.

3.5 - 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.

3.6 - DELIVERY

Supplies will be delivered to the participating agency within thirty (30) days after receipt of order. The delivery location will be noted on the purchase order issued by the participating agency.

Supplies will be delivered to an operational correctional facility. The Contractor shall comply with all security and safety rules and procedures as to not interfere with the good working order of the facility.

Deliveries shall be accepted from 7:30am to 10:00am and 12:00pm to 2:00pm, Monday through Friday, excluding State Holidays. Deliveries shall be arranged by contacting Charles Hodge, Charles.Hodge@odrc.state.oh.us or Joshua Brannigan, Joshua.Brannigan@odrc.state.oh.us (740-852-2454 Ext. 26213/26359) prior to delivery for instructions and authorization.

3.7 - 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.

3.8 - PRODUCT SAMPLES

The bidder(s) may be required to submit samples of the supplies being offered. The samples will be used in the evaluation process to determine the lowest responsive and responsible bidder. If not included as part of their bid response, the bidder will be required to provide the samples within seven (7) calendar days after notification. Failure to provide the samples within the stated time period will result in the bidder being deemed not responsive. After award of the contract, the samples will be used as a basis of comparison with actual product delivered under contract. Any variation between the samples and product being delivered will be considered as an event of default. Any variations between the samples and actual product being delivered that are due to manufacturer changes may be acceptable and shall require prior written approval from DAS.

The Bidder(s) shall provide samples for any items listed on the item grid, as requested, per above instructions. These samples shall be in the form of a bag as intended for use as described in this solicitation.

3.9 - FIXED PRICE WITH ECONOMIC ADJUSTMENT

The contract prices(s) will remain firm for the first six (6) months duration of the contract. Thereafter, the Contractor may submit a request to increase their price(s) to be effective 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.

mailto:Charles.Hodge@odrc.state.oh.us mailto:Joshua.Brannigan@odrc.state.oh.us

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”.

3.10 - MINIMUM ORDER

Bidders may choose to identify a minimum order value; the minimum dollar value of any order placed against a Contract awarded pursuant to this solicitation.

Additionally, Bidders may choose to identify a minimum order value for delivery FOB destination with transportation charges prepaid; the minimum dollar value of any order placed against a Contract awarded pursuant to this solicitation where the Contractor arranges for the delivery to one destination without charges to the using agency. For purchase orders placed that are less than this minimum, transportation charges will be prepaid and added to the invoice by the Contractor to the delivery location designated by the ordering agency. Shipment is to be made by private or commercial freight service provider, air, rail, water, parcel post, express or commercial package delivery, whichever is the most economical and expeditious method for proper delivery of the item. Failure of the Contractor to utilize the most economical mode of transportation shall result in the Contractor reimbursing the ordering agency the difference between the most economical mode of transportation and the mode of transportation used by the Contractor. Failure to reimburse the ordering agency shall be considered as a default.

Either or both minimum order values shall be identified by the Bidder as appropriate in the item grid.

3.11 - MATERIAL DISCREPANCIES

The Contractor and OPI shall establish a mutually agreed upon process for verifying the length of material per roll. If a discrepancy is identified between the actual roll length and the billed roll length, the Contractor shall work in good faith with the Agency to reach a mutually acceptable solution. If the Contractor and the Agency fail to reach a mutually acceptable solution, the final decision on the matter shall be made by the Department of Administrative Services, Office of Procurement Services.

4 - INVITATION TO BID INSTRUCTIONS

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

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

5 - EXHIBIT A, FOR REFERENCE ONLY