ITB011368_LDC018_Rev_Contract.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: DRUG TESTING CUPS AND ORAL FLUID TESTERS

CONTRACT No.: ITB011368

CONTRACT ID: 11368 -A1

EFFECTIVE DATES: 3/1/2023 to 2/28/2025

*RENEWAL THROUGH 2/28/2027

SUPPLIER: American Drug Screen Corporation The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No.

SRC0000006800. 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 2/28/2027 unless the Contracting Agency determines that additional renewal is necessary.

This Requirements Contract is available to Ohio Department of Youth Services and the Ohio Department of Rehabilitation and Corrections, 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://supplier-emarketplace.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

Signed:

Kathleen C. Madden, Director Date

*Indicates a 24-month renewal, per amendment 1.

1. SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE OF WORK

1.1.1. The State of Ohio, Department of Administrative Services (DAS) on behalf of the Ohio Department of

Rehabilitation and Correction (DRC) and a division of the DRC, the Ohio Adult Parole (APA), and Ohio Department of Youth Services (DYS) and a division of the DYS Parole Division, is soliciting bids for a Contractor to provide drug testing cups and oral fluid testers for delivery to DRC, APA, and DYS facilities throughout Ohio.

There are approximately twenty-eight (28) State facilities throughout Ohio that will order and receive these items.

1.2 TWELVE PANEL DRUG TESTING CUP

1.2.1 The Test Strips must be single drug per test.

1.2.2 The Drug Testing Cup must be an all-inclusive cup and only require the amount of urine needed for the collection and accurate results. No other process or device can be required to perform the test.

1.2.3 The Drug Testing Cup will have easily readable window of test strips and results.

1.2.4 The Drug Testing Cup will have a temperature strip to ensure the sample is within normal temperature ranges.

1.2.5 The Drug Testing Cup results will be available to read within five (5) minutes of collection.

1.2.6 The Drug Testing Cups should not have a max fill line on the cups.

1.2.7 All products shipped must have a minimum twelve (12) month shelf life after receipt by the State and each individual package must be dated.

1.2.8 Drug Test Cups shall seal in such a way as to prevent any leakage during shipment to the testing facility.

1.2.9 The following items are the drugs to be tested and each of their screening levels:

1.2.9.1 AMP (Amphetamines) 500ng/ml

1.2.9.2 BAR (Barbiturates) 300ng/ml

1.2.9.1 BUP (Buprenorphine) 5ng/ml

1.2.9.2 BZO (Benzodiazepines) 300ng/ml

1.2.9.3 COC (Cocaine) 150ng/ml

1.2.9.4 K2 (Spice) 50ng/ml

1.2.9.5 MET (Methamphetamine) 1000ng/ml

1.2.9.6 MTD (Methadone) 300ng/ml

1.2.9.7 OPI (Opiates) 300ng/ml

1.2.9.8 OXY (Oxycontin) 100ng/ml

1.2.9.9 FYL (Fentanyl) 200ng/ml

1.2.9.10 THC (Cannabis) 15ng/ml

1.3 TWELVE PANEL ORAL FLUID TESTERS

1.3.1 The Test Strips must be single drug per test.

1.3.2 The Oral Fluid Tester must be an all-inclusive tester and only require the amount of oral fluid needed for the collection and accurate results. No other process or device can be required to perform the test.

1.3.3 The Oral Fluid Test Containers must have a saturation indicator strip in the swab of each testing container.

1.3.4 The Oral Fluid Tester will have easily readable window of test strips and results.

1.3.5 The Oral Fluid Tester results will be available to read within five (5) minutes of collection.

1.3.6 All products shipped must have a minimum twelve (12) month shelf life after receipt by the State and each individual package must be dated.

1.3.7 Oral Fluid Testers shall seal in such a way as to prevent any leakage during shipment to the testing facility.

1.3.8 The following items are the drugs to be tested and each of their screening levels:

1.3.8.1 AMP (Amphetamines) 50ng/ml

1.3.8.2 BAR (Barbiturates) 50ng/ml

1.3.8.3 BUP (Buprenorphine) 10ng/ml

1.3.8.4 BZO (Benzodiazepines) 50ng/ml

1.3.8.5 COC (Cocaine) 20ng/ml

1.3.8.6 K2 (Spice) 10ng/ml

1.3.8.7 MET (Methamphetamine) 50ng/ml

1.3.8.8 MTD (Methadone) 30ng/ml

1.3.8.9 OPI (Opiates) 40ng/ml

1.3.8.10 OXY (Oxycontin) 50ng/ml

1.3.8.11 FYL (Fentanyl) 10ng/ml

1.3.8.12 THC (Cannabis) 12ng/ml

1.4 PRODUCT INSTRUCTIONS

1.4.1 The Contractor shall provide one set of written instructions on proper use of product and interpretation of test results in each delivered case.

1.5 PACKAGING REQUIREMENTS

1.5.1. The Drug Testing Cups and the Oral Fluid Testers will be individually packaged and sealed.

1.5.2. The Drug Testing Cups and the Oral Fluid Testers will be packaged twenty-five (25) individual tests per case.

1.6 ORDERING REQUIREMENTS

1.6.1. Purchase Orders from each facility will identify:

1.6.1.1. Quantities of purchased product.

1.6.1.2. Facility name and Shipping address.

1.6.2. Minimum order is one (1) case.

1.7 SHIPMENT REQUIREMENTS

1.7.1. Shipments will be made to the ordering facility. Shipping mode is at the discretion of the Contractor. However, deliveries are required to be received within thirty (30) days after receipt of order (ARO) and all shipments are FOB Destination. There are approximately twenty-eight (28) State facilities throughout Ohio that will order and receive these items.

STATE FACILITIES

2. STANDARD TERMS AND CONDITIONS

State of Ohio Standard Terms and Conditions (revised 10/18/22) will apply to this Contract.

3. SPECIAL CONTRACT TERMS AND CONDITIONS

3.1 AMENDMENT TO CONTRACT TERMS AND CONDITIONS

The following Amendments to the Contract Terms and Conditions do hereby become 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 thirty (30) calendar days after acceptance by DAS. No price adjustment will be permitted prior to the effective date of the increase received by the Contractor from its suppliers, or on purchase orders that are already being processed, or on purchase orders that have been filled and are awaiting shipment. If the Contractor receives orders requiring quarterly delivery, the increase will apply to all deliveries made after the effective date of the price increase.

The price increase must be supported by a general price increase in the cost, due to increases in the cost of raw materials, labor, freight, Workers' Compensation and/or Unemployment Insurance, etc. Detailed documentation, to include a comparison list of the contract items and proposed price increases, must be submitted to support the requested increase. Supportive documentation should include, but is not limited to copies of the old and the current price lists or similar documents which indicate the original base cost of the product to the Contractor and the corresponding increase, and/or copies of

ODRC Facility Phone # Allen Correctional Institution (AOCI) 2338 North West Street Lima, OH 45802 419-224-8000 Belmont Correctional Institution (BeCI) 68518 Bannock Road, S.R. 331 St. Clairsville, OH 43950 740-695-5169 Chillicothe Correctional Institution (CCI) 15802 State Route 104 North Chillicothe, OH 45601 740-774-7080 Correctional Reception Center (CRC) 11271 State Route 762 Orient, OH 43146 614-877-2441 Dayton Correctional Institution (DCI) 4104 Germantown Street Dayton, OH 45417 937-263-0060 Franklin Medical Center (FMC) 1990 Harmon Avenue Columbus, OH 43223 614-445-5960 Grafton Correctional Institution (GCI) 2500 South Avon Beldon Road Grafton, OH 44044 440-748-1161 Lebanon Correctional Institution (LeCI) State Route 63 Lebanon, OH 45036 513-932-1211 London Correctional Institution (LoCI) 1580 State Route 56 London, OH 43140 740-852-2454 Lorain Correctional Institution (LorCI) 2075 South Avon Beldon Road Grafton, OH 44044 440-748-1049 Madison Correctional Institution (MaCI) 1851 State Route 56 London, OH 43140 740-852-9777 Mansfield Correctional Institution (ManCI) 1150 North Main Street Mansfield, OH 44901 419-525-4455 Marion Correctional Institution (MCI) 940 Marion-Williamsport Road Marion, OH 43302 740-382-5781 Noble Correctional Institution (NCI) 15708 McConnelsville Road Caldwell, OH 43724 740-732-5188 Northeast Reintegration Center (NERC) 2675 East 30th Street Cleveland, OH 44115 216-771-6460 Ohio Reformatory for Women (ORW) 1479 Collins Avenue Marysville, OH 43040 937-642-1065 Ohio State Penitentiary (OSP) 878 Coitsville-Hubbard Road Youngstown, OH 44505 330-743-0700 Pickaway Correctional Institution (PCI) 11781 State Route 762 Orient, OH 43146 614-877-4362 Richland Correctional Institution (RiCI) 1001 Olivesburg Road Mansfield, OH 44901 419-526-2100 Ross Correctional Institution (RCI) 16149 State Route 104 Chillicothe, OH 45601 740-774-7050 Southeastern Correctional Institution (SCI) 5900 B.I.S. Road Landcaster, OH 43130 740-653-4324 Southern Ohio Correctional Facility (SOCF) Lucasville-Minford Road Lucasville, OH 45699 740-259-5544 Toledo Correctional Institution (ToCI) 2001 East Central Avenue Toledo, OH 43608 419-726-7977 Trumbull Correctional Institution (TCI) 5701 Burnett Road Leavittsburg, OH 44430 330-898-0820 Warren Correctional Institution (WCI) State Route 63 Lebanon, OH 45036 513-932-3388 Circleville Juvenile Correctional Facility PO Box 598 640 Island Road Circleville, OH 43113 740-477-2500 Indian River Juvenile Correctional Facility 2775 Indian River Road S.W. Massillon, OH 44646 330-837-4211 Cuyahoga Hills Juvenile Correctional Facility 4321 Green Road Highland Hills, OH 44128 216-464-8200

Address https://procure.ohio.gov/static/pdf/About_Procurement/Procurement_Policies/Standard_T_C_10_15_22.pdf 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. DELIVERY

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

4 . INVITATION TO BID INSTRUCTIONS

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

5 . SPECIAL INSTRUCTIONS TO BIDDERS

5.1. EVALUATION

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

5.2. 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.

5.3. DESCRIPTIVE LITERATURE

The Bidder may be required to submit descriptive literature of the supplies or services being offered. If requested, the literature will be used in the evaluation process to determine the lowest responsive and responsible bidder. If not provided as part of the bid response, the Bidder must provide said literature within seven (7) calendar days after request/notification by the Office of Procurement Services to do so. Failure of the bidder to furnish descriptive literature either as part of their bid response or within the time specified herein will deem the bidder not responsive.

5.4. 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.

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

6. AMENDMENTS

6.1. SUMMARY OF AMENDMENTS

Amendment Number

Effective Date Description

1 3/1/2025

As a result of mutual agreement, the subject contract is renewed for a period of 24-months, effective 3/1/2025 through 2/28/27.

All other prices, terms and conditions remain unchanged.