ITB019987_Revised_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: STEEL

CONTRACT No.: ITB019987

CONTRACT ID: CTR019987-A2

EFFECTIVE DATES: 6/14/2024 to 12/31/2026

SUPPLIER: AMERICAN METAL SUPPLY CO

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

SRC0000017425. 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 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://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 AND CATEGORIES:

Ohio Penal Industries (OPI or the Agency) requires various steel products for use in fabrication processes in its metal manufacturing shops. These products include sheet, strip, flat, plate, angle, channel, beam, tubing, rod, expanded metal and safety grating. These products are divided into six categories.

1. Category 1: Steel Sheet – Mild Steel

2. Category 2: Strip, Flat and Plate – Mild Steel

3. Category 3: Angle, Channel and Beam – Mild Steel

4. Category 4: Tubing – Mild Steel

5. Category 5: Miscellaneous – Mild Steel

6. Category 6: Stainless Steel

1.2 APPLICABLE PUBLICATIONS:

Material shall conform to the following:

• AISI 1010

• AWS A5.18 ER70S-6

• ASTM A1011/A1011M-09b

• ASTM A-1008/A1008M-09a

• ASTM A36/A 36M-08

• ASTM A-513-08

• ASTM A519-06

• ASTM A-500/A500M-09

1.3 GENERAL REQUIREMENTS:

Packaging:

1. All bundles of products must be secured with steel banding. Each bundle or pallet of any product may not exceed 4,500 lbs.

2. Sheet and plate steel items must be packed on pallets that have 4” x 4” supports. All bundles of sheet and plate steel items must have a minimum of two, 4” x 4” hardwood supports banded lengthwise the full length of the sheets.

3. All bundles shall have 4” x 4” hardwood separators placed beneath and between bundles. The bundle frame must have 4" x 4" lumber on the bottom so that it may be easily unloaded from the side of a flat-bed truck with a forklift truck.

Shipment:

All items shall be shipped in bundles of 4,500 lbs. or less on open side trailers for unloading at ground level with forklift trucks, unless otherwise specified. Each bundle shall have 4" x 4" hardwood between bundles of all flat steel. All items must be tarp covered to protect it from rusting in shipping.

Inspection:

1. Compliance: All material will be inspected upon receipt. Any material found to be defective or not in compliance to the specifications may result in the entire order being returned at Contractor's expense for replacement or credit.

2. Material Certification Sheets: Material certification sheets are required to be submitted to OPI for any order upon request.

Institutional Policies:

While present on institutional grounds, all Contractor employees or third-party employees making deliveries on behalf of the Contractor must follow appropriate Agency policies. Agency policies include, but are not limited to:

1. Drivers must possess and present a valid driver's license.

2. Drivers will not bring weapons or tobacco products onto Institution property.

3. Trucks must be secured at all times. Windows will remain rolled up and club should be used when driver is not in the vehicle.

4. Drivers will always keep truck keys on their person when outside of the truck.

5. Drivers may be subject to metal detector or personal searches.

1.4 CATEGORY REQUIREMENTS:

1. Category 1 - Steel Sheet – Mild Steel

i. All hot rolled (H.R.) steel sheets shall conform to ASTM A-1011.

ii. All cold rolled (C.R.) steel sheets shall conform to ASTM A-1008.

iii. Both H.R. and C.R. steel sheets shall have uniform flat surfaces without rust or other contaminants.

2. Category 2 and 3 – Strip, Flat and Plate – Mild Steel and Angle, Channel and Beam – Mild Steel

i. All strip, flat, plate, angle, channel and beam shall conform to ASTM A-36.

3. Category 4 – Tubing – Mild Steel

i. All tubing will conform to the ASTM standard indicated in each item’s description in the Item Grid.

ii. All products shall conform to standard mill lengths between 20’ and 24’. Maximum allowable random lengths are 5% of order quantity.

4. Category 5 – Miscellaneous – Mild Steel

i. All rod shall be H.R. and conform to ASTM A-36.

ii. Expanded metal shall be flattened.

5. Category 6 – Stainless Steel

i. All angle and flat bar shall conform to A276/A276M-16a and all sheet shall conform to ASTM A240/A249M.

2 - STANDARD TERMS AND CONDITIONS

State of Ohio Standard Terms and Conditions (revised 03/01/24) 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. 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. Supplies will be delivered to one of two participating agency locations specified below. The Agency reserves the right to add any additional institutional sites for delivery.

The delivery locations are:

OPI - Chillicothe Correctional Institution 15802 St. Rt. 104 N.

Chillicothe, OH 45601 Vehicle Modification Center - (740) 774-0306 / (740) 774-0307 Delivery: 7:30 a.m. to 10:30 a.m. and 12:00 Noon to 2:30 p.m. - Monday through Friday, closed holidays https://procure.ohio.gov/static/TCond/Standard_T_C%203-1-24.pdf

OPI - Marion Correctional Institution 940 Marion Williamsport Rd., E. (accessible via Scioto Village Dr.)

Marion, OH 43302 Metal Furniture Shop - (740) 383-1823 / (740) 396-6012 / (740) 490-5163 Delivery: 7:30 a.m. to 10:00 a.m. and 12:00 Noon to 2:30 p.m. - Monday through Friday, closed holidays

The Contractor’s name must appear on either the bill of lading or the packing slip for all delivered orders.

3.4. FIXED PRICE WITH ECONOMIC ADJUSTMENT

The contract prices(s) will remain firm for the first three 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. MINIMUM ORDER

The minimum order quantity of any purchase order placed against a contract awarded pursuant to this bid for delivery F.O.B. destination, transportation charges prepaid, at any one time to one destination, shall not be for less than $5,000.00.

3.6. ORDERS TOTALING LESS THAN MINIMUM DOLLAR AMOUNT

If an order is less than the Minimum Order amount described in in Section 3.5, shipment is to be made by freight, parcel post, express or commercial package delivery, whichever is the most economical method for proper delivery of the item F.O.B. destination. The cost of transportation from the contractor's address to the destination on such orders shall be prepaid and added to the invoice. The Agency may request justification for the cost of transportation, e.g., quotes, receipts, etc. If the supplier is unable to justify the transportation costs, freight will not be paid.

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. 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.

5.2. EVALUATION

Bids will be evaluated in accordance with Article I-15 of the “Instructions to Bidders”. In addition, the state will multiply estimated usage by the base Unit Price Per Item column to determine the total price per line item.

Where estimated usage is unknown, the unit of one will be used as the estimated usage for evaluation purposes.

Although there will be separate line item awards made, Bidders are eligible to receive awards of multiple line items providing the Bidder is the lowest responsive and responsible bidder meeting all bid specifications and requirements listed within the line items.

5.3. CONTRACT AWARD

The contract will be awarded to the lowest responsive and responsible bidder by line item.

6 - AMENDMENTS

6.1. SUMMARY OF AMENDMENTS

Amendment Number

Effective Date Description

2 5/5/25

This amendment is issued to update the pricelist, effective with all orders issued on or after 5/5/25. Additionally, this amendment is issued to remove 1- 1/2" x 1", 18 gauge (.049 +/- .007) Rectangular Tubing, Cold Rolled, ERW Structural Grade from the Contract, effective 5/5/25.

1 2/7/25 This amendment is issued to remove the following item from the contract:

ITB019987-99 - Pipe 304L Stainless Steel SCH 40 1/2 X 21'.