ITB031844_Original_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: PLASTIC BAG FILM

CONTRACT No.: ITB031844

CONTRACT ID: 31844

EFFECTIVE DATES: 01/01/2026 to 10/31/2028

SUPPLIER: POLY SERVICES INC

SUBCONTRACTOR: PLASCON INC

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No. SRC 0000034578. 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 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 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 purpose of this contract is to obtain biodegradable heavy-duty plastic bag tubing 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. The material offered must be compatible with the Plascon Model BSM 1300 Plastic Bag Machine (see Exhibit A). The contractor must be able to provide biodegradable and non-biodegradable film; biodegradable films will be the primary supplies ordered under this Contract.

1.2 CLASSIFICATION:

1.2.1 – HD/LLDPE Material must 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 must be 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 must be 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 must be 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 in the specified gauge, film width, roll width, gusset, and color.

1.3 APPLICABLE STANDARDS:

1.3.1 – TESTING The latest revision of the American Society for Testing and Materials (ASTM) Standards apply. The Contractor must provide material test results upon request. The Contractor is responsible for arranging and paying for the test as part of the quality assurance process.

1.3.1.1 BIODEGRADATION All film must pass the following standard testing methods resulting in their classification as “biodegradable.”

1.3.1.1.1 Standard Test Method for Determining Aerobic Biodegradation of Plastic Materials Under Controlled Compositing Conditions, Incorporating Thermophilic Temperatures, ASTM D5338.

1.3.1.1.2 Standard Test Method for Determining Anaerobic Biodegradation of Plastic Materials Under High-Solids Anaerobic-Digestion Conditions, ASTM D5511.

1.3.1.2 SUITABILITY OF PURPOSE All film must pass the following standard testing methods at a level that ensures their suitability for the intended purposes.

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

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

1.3.1.2.3 Standard Test Methods for Impact Resistance of Plastic Film by the Free-Falling Dart Method, ASTM D1709.

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

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.

1.3.2.4 The materials listed as FDA Approved must not contain any post-consumer material.

1.4 SPECIFICATIONS

1.4.1 – GENERAL REQUIREMENTS The following requirements apply to all materials.

1.4.1.1 GAUGE The gauge of the film must be within 10% (±) of the specified actual gauge.

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

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

1.4.1.4 ROLL DIAMETER The film must be wound on a cardboard core. The diameter of the complete roll must measure no less than 22” and no more than 34”.

1.4.1.5 CORE The cardboard core must have an inside diameter of 3” and must 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 must not exceed 325 lbs.

1.4.1.7 COLOR Film is required in black, translucent, and various colors.

The various colors category currently includes blue, orange, and red. The Contractor must supply the blue, orange, and red film for the duration of the Contract. Other colors may be added to this category at the discretion of the Ohio Department of Rehabilitation and Correction. All colors in the various colors category must be offered at the same price.

Additional colors available include white, mint green, and light blue.

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

2 - STANDARD TERMS AND CONDITIONS

The State of Ohio Standard Terms and Conditions (revised 03/31/25) govern this Contract and are incorporated as if fully rewritten herein.

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 an operational correction facility. The Contractor must comply with all security and safety rules and procedures as to not interfere with the good working order of the facility.

Deliveries will be accepted from 7:30am to 10:00am and 12:00pm to 2:00pm, Monday through Friday, excluding State Holidays. Deliveries must 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.

3.4 - MINIMUM ORDER

The minimum order value of any order placed against this Contract for delivery F.O.B. destination, transportation charges prepaid and allowed, at any one time to one destination, shall not be less than the Bidder’s minimum order value as indicated in the Questionnaire submitted at the time of bid. The minimum order value is firm for the life of the Contract. Failure to provide a minimum order value at the time of bid will be interpreted as no minimum order applies to any order.

https://dam.assets.ohio.gov/image/upload/procure.ohio.gov/TCond/Standard_T_C_3-31-25.pdf

For orders with a total value less than this minimum, 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, freight prepaid and added. The cost of transportation to the destination on such orders shall be added to the invoice. The receiving agency may require a copy of the freight invoice to substantiate any invoiced freight charges.

The minimum order amount for this contract is $2,000.

3.5 - FIXED PRICE WITH ECONOMIC ADJUSTMENT

The contract price(s) will remain firm for the first 12 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”.

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 unit cost by the estimated usage listed in the item grid and then add each of the totals together to arrive at a total for all items.

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 item grid 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 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.

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

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 may 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 require prior written approval from DAS.

6 – EXHIBIT A, FOR REFERENCE ONLY