ITB018140_Convermat_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: SANITARY TOILET TISSUE, CONVERTING MATERIALS: CATEGORY

II, TOILET TISSUE PARENT ROLLS

CONTRACT No.: ITB018140

CONTRACT ID: 18140

EFFECTIVE DATES: 02/23/24 to 12/31/2026

SUPPLIER: CONVERMAT CORPORATION

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

SRC000015787. 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 24 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 OhioBuys public portal at the following address:

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

Signed: _____________________________________________________________________ Kathleen C. Madden, Director Date https://ohiobuys.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

1 - SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE The Ohio Department of Rehabilitation and Correction, Ohio Penal Industries operates a shop specializing in converting various supplies into sanitary toilet tissue. The State of Ohio seeks to establish a Contract(s) by which to procure those necessary supplies.

1.2 CATEGORIES The following categories of supplies are required for the conversion operation.

1.2.1 CATEGORY I: SANITARY TOILET TISSUE PARENT ROLLS

1.2.2 CATEGORY II: SANITARY TOILET TISSUE CORE MATERIAL (not included in this Contract)

1.2.3 CATEGORY III: SANITARY TOILET TISSUE ROLL WRAPPING PAPER (no award)

1.3 SPECIFICATIONS All products shall be free from any hazardous or toxic substances, safe to handle and for the intended use, requiring no special concern or equipment.

1.3.1 CATEGORY I: SANITARY TOILET TISSUE PARENT ROLLS

1.3.1.1 The toilet tissue must be two-ply (double-ply).

1.3.1.2 The toilet tissue parent rolls must meet the following standards.

1.3.1.2.1 100% recycled content.

1.3.1.2.2 Septic system safe; chemical-free, paraben-free, and chlorine-free.

1.3.1.2.3 Unglazed with a uniform appearance and free of foreign matter, undigested paper, wood slivers, shives, and specks with no disagreeable odors when either wet or dry.

1.3.1.2.4 Basis weight of 7.5 lbs./3,000 square feet for each ply, minimum.

1.3.1.2.5 Caliper (thickness) of .0037 inch minimum per ply.

1.3.1.2.6 Cross-Machine Direction (CMD) (width) elongation (stretch) of 4% minimum per ply.

1.3.1.3 The toilet tissue must be wound on cores.

1.3.1.3.1 Core inside diameter must measure between 3” to 15-3/4”.

1.3.1.3.2 Finished roll outside diameter must measure between 54” to 59”.

1.3.1.3.3 Finished parent rolls shall be wrapped and protected for transportation per industry standards.

1.3.2 CATEGORY II: SANITARY TOILET TISSUE CORE MATERIAL

(This Category is not included in this Contract.)

1.3.3 CATEGORY III: SANITARY TOILET TISSUE ROLL WRAPPING PAPER

(This Category is not awarded.)

1.4 REQUIREMENTS

1.4.1 TESTING For Category I toilet tissue, Bidders must provide a certificate from an independent testing laboratory providing the results of tests on the item(s) offered for the following specifications.

1.4.1.1 Basis Weight per 3,000 Square Feet (Per Ply)

1.4.1.2 Stretch (Elongation) Per Ply

1.4.1.3 Caliper (Thickness) Per Ply

The State recommends that Bidders use the Chicago Paper Testing Laboratory, Inc. 1077 South Corporate Circle, Unit A, Grayslake, IL 60030, Phone: (847) 480-1670 to perform the required testing. However, Bidders may use another qualified independent testing facility should they choose. Bidders must provide the results of the above tests with their bid, accompanied by detailed contact information for the testing facility which performed the tests. Failure to provide the test results required above may result in the bidder being determined not responsive and disqualified from consideration for award of a contract.

If the State of Ohio elects to verify test results the cost of the additional testing will be borne by the State of Ohio if the test corroborates the results submitted. If the verification test does not corroborate the test results submitted with the bid, the Bidder will be held responsible for the additional testing costs.

During the term of the Contract, the State may elect to test samples of the toilet tissues supplied.

A tested sample which fails tests in accordance with the item specifications will be considered an event of default of the contract and subject to all contractual remedies provided for herein.

1.4.2 CUSTOMER SERVICE The Contractor shall provide customer service hours during normal business hours of 8:00 am – 3:30 pm. The Contractor shall respond to any phone messages within the same business day if received prior to 3:00 pm and by 10:00 am of the following day if received after 3:00 pm the preceding day.

1.4.3 CERTIFICATION The Contractor shall maintain any certifications or licenses required by Federal, State, or Local government to perform and/or provide the materials and services described herein.

2 - STANDARD TERMS AND CONDITIONS

State of Ohio Standard Terms and Conditions (revised 01/03/24) 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 MANUFACTURER, MANUFACTURER’S REPRESENTATIVE, OR AUTHORIZED DISTRIBUTOR

Bidders responding to this solicitation must be manufacturers, representatives of the manufacturer, or authorized distributors. Bidders should include a letter from each manufacturer represented on manufacturer’s letterhead signed by an authorized representative of the manufacturer attesting that the Bidder is authorized to represent the manufacturer in this solicitation as part of each bid. If not included with the bid, Bidder must provide authorization as specified above within seven days after requested by DAS. Failure to provide such authorization may result in the Bidder being determined not responsive and disqualified from consideration for award.

3.4 FIXED PRICE WITH ECONOMIC ADJUSTMENT The contract prices(s) will remain firm for the first six months duration of the contract. Thereafter, the Contractor may submit a request to increase their price(s) to be effective 30 calendar days after acceptance by DAS. No price adjustment will be permitted prior to the effective date of the increase received by the Contractor from its suppliers, or on purchase orders that are already being processed, or on purchase orders that have been filled and are awaiting shipment. If the Contractor receives orders requiring quarterly delivery, the increase will apply to all deliveries made after the effective date of the price increase.

The price increase must be supported by a general price increase in the cost, due to increases in the cost of raw materials, labor, freight, Workers' Compensation and/or Unemployment Insurance, etc. Detailed documentation, to include a comparison list of the contract items and proposed price increases, must be submitted to support the requested increase. Supportive documentation should include, but is not limited to: copies of the old and the current price lists or similar documents which indicate the original base cost of the product to the Contractor and the corresponding increase, and/or copies of correspondence sent by the Contractor's supplier on the supplier's letterhead, which contain the above price information and explains the source of the increase in such areas as raw materials, freight, fuel or labor, etc.

Should there be a decrease in the cost of the finished product due to a general decline in the market or some other factor, the Contractor is responsible to notify DAS immediately. The price decrease adjustment will be incorporated into the contract and will be effective on all purchase orders issued after the effective date of the decrease. If the price decrease is a temporary decrease, such should be noted on the invoice. In the event that the temporary decrease is revoked, the contract pricing will be returned to the pricing in effect prior to the temporary decrease. For quarterly deliveries, any decrease will be applied to deliveries made after the effective date of the decrease. Failure to comply with this provision will be considered as a default and will be subject to the “Suspension/Termination” and the “Contract Remedies” sections of the “Standard Contract Terms and Conditions”.

3.5 DELIVERY Supplies will be delivered to the participating agency within 15 days after receipt of order.

The delivery location will be noted on the purchase order issued by the participating agency.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fprocure.ohio.gov%2Fstatic%2FTCond%2FStandard_T_C_1-3-24.pdf&data=05%7C02%7CLloyd.Harmon%40das.ohio.gov%7C642bbd7d5c5147e9bc2a08dc0d3cb3dd%7C50f8fcc494d84f0784eb36ed57c7c8a2%7C0%7C0%7C638399801568035473%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=nnSMj7piV911C1OXNtuTrqnAJWiUEdktNszyXpjeEGk%3D&reserved=0

3.5.1 The current delivery location is:

OPI Toilet Tissue Shop Belmont Correctional Institution

68518 Bannock Road, State Route 331 St. Clairsville, OH 43950

3.5.2 SECURITY NOTICE The delivery location is an operational correctional facility where security conditions could create abnormal delays or rejection of shipment(s). These conditions could include, but are not limited to, emergency lockdowns, fog alerts and other inclement weather or events. The Contractor shall cooperate in good faith and not interfere with the operations of the institution.

3.5.3 Deliveries will be accepted from 8:00am to 10:00am and 12:00pm to 2:00pm, Monday through Friday, excluding State observed holidays. The carrier is to call the OPI Toilet Tissue Shop at the institution prior to arrival for authorization to deliver. No deliveries will be accepted during foggy or adverse weather conditions in accordance with institution security procedures. All damaged items received shall be noted on the driver’s Bill of Lading, placed back on the truck, and returned to the contractor for prompt replacement. In the event a problem cannot be resolved with the institution shop manager, contact OPI Production Manager (CIM3) at OPI-Central Office, 1580 State Route 56 SW, PO Box 525 London OH 43140, phone (614) 738-7859.

3.5.4 Acceptance (transfer of title) will occur upon the inspection and written confirmation by the ordering agency that the supplies delivered conform to the requirements set forth in the Contract. Unless otherwise provided in the Contract, acceptance shall be conclusive except as regards to latent defects, fraud, or such gross mistakes as amount to fraud.

3.6 CUSTOMER SERVICE AND DELIVERY NOTIFICATION The Contractor shall provide order acknowledgements, accurate and proactive delivery coordination, and customer service information to the ordering agency. Within two working days of receipt of any order pursuant to this Contract, the Contractor shall provide a shipment and delivery date promise to the ordering agency. Such notification shall be in writing via email. If the anticipated delivery date exceeds the time required in the DELIVERY clause above, the contractor will work in good faith with the ordering agency to establish a mutually agreed delivery date. If, after an alternate delivery date has been agreed to, the delivery date must be changed, the Contractor shall notify the ordering agency of the change and obtain the ordering agency’s agreement.

This requirement applies equally where the Contractor makes the direct delivery or uses the services of a third party, subcontractor, or fulfillment house to provide delivery of the order. If, after discussion, the contractor and ordering agency are unable to agree on a suitable delivery date, the agency may choose to seek relief through the CONTRACT REMEDIES as listed in the Standard Terms and Conditions.

3.7 SUBSTITUTION OF ITEMS If during the term of the Contract, a situation develops where the Contractor may need to provide alternate supplies (i.e. from an alternative manufacturer or an alternative product from the identified manufacturer) than those offered at the time of the Bid, the Contractor shall seek written authorization do so. Prior to providing any alternate supplies, the contractor must request authorization from DAS in writing and obtain written permission from DAS Office of Procurement Services for use of the alternate. DAS may require samples or sample testing prior to the approval of any alternate item(s). The cost of any required testing shall be the Contractor’s responsibility.

3.8 BRAND NAME OR APPROVED EQUAL SPECIFICATIONS The items listed as Category II Sanitary Toilet Tissue Core Material are being bid as Brand Name or Approved Equal in accordance with Ohio Administrative Code 123:5-1-10(I). Bidders who offer alternate items to the Brand Names listed must provide detailed written justification with their Bid, describing how the alternate items offered meet or exceed the Brand Name items specified. The specifications for the Brand Names listed are considered necessary only to establish functional requirements. Proprietary design, exact dimensions, capacities, or restrictive features will not preclude acceptance of other recognized alternates meeting comparable performance requirements as determined by the State. Bidder signifies compliance or non-compliance with specifications by listing and outlining all deviations from specifications on company letterhead and returning it with the bid. Failure to provide this information may deem the bid not responsive.

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 - 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 prices bid by the estimated annual usage to calculate the total for each category of product.

5.2 CONTRACT AWARD The Contract will be awarded to the lowest responsive and responsible bidder by category of product. Failure to bid all items in a category may result in the bidder being deemed not responsive for that category.

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 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 may 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 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.