RSI012346_Contract_rev.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: CUT AND COMMERCIAL SIZE PAPER

CONTRACT No.: RSI012346

CONTRACT ID: 12346-A4

EFFECTIVE DATES: 06/15/2023 to 04/30/2026

SUPPLIER: MILLCRAFT PAPER COMPANY

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No. SRC000007739. 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 twenty-four (24) months unless the Contracting Agency determines that additional renewal is necessary.

This Requirements Contract is available to all State Agencies, State institutions of higher education, and properly registered members of the Cooperative Purchasing Program of the Department of Administrative Services, 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

IN WITNESS WHEREOF, the parties have executed this Contract as of the dates below;

For MILLCRAFT PAPER COMPANY:

Signed: _____________________________________________________________________

Duane Brigner, Account Manager

For the OHIO DEPARTMENT OF ADMINISTRATIVE SERVICES:

Signed: _____________________________________________________________________

Kathleen C. Madden, Director

1 - SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE: This contract is issued to obtain a contractor(s) to provide cut and commercial size paper for use by the Ohio Department of Administrative Services-State Printing, Ohio Penal Industries (OPI), and any other State agencies or properly registered cooperative purchasing members. The various sizes, weights, and finishes of paper listed in the contract represents the paper which will ordinarily be used by DAS and OPI to execute the various printing contracts. It is unknown the amount that may be ordered by other state agencies and properly registered cooperative purchasing members. The paper shall be utilized to execute various printing requirements set forth by state agencies, satellite print shops, and any one-time printing on which the state intends to furnish paper.

1.2 CLASSIFICATION: The specifications within this bid cover the following categories of paper which shall be stocked by the Contractor:

1.2.1 Category 1 – Premium #1 White 24# Laser Print (Virgin Stock)

1.2.2 Category 2 – #1 Xerographic Dual Purpose 20# Bond (Recycled and Virgin Stock)

1.2.3 Category 3 – Chipboard, Non-Bending – Printer Grade 24 and 26 Pt. Gray (Recycled Stock)

1.2.4 Category 4 – No. 2 Offset Uncoated Sheets (Recycled and Non-Recycled Stock)

1.2.5 Category 5 – No. 2 White Gloss Coated Text and Cover Weights, Sheets (Recycled Stock)

1.2.6 Category 6 – 24# - White 25% Cotton Fiber Watermarked Bond

1.2.7 Category 7 – No. 1 White Matte, Silk, Dull, and Satin Coated Text and Cover Weights, Sheets (Recycled Stock)

1.2.8 Category 8 – Index, Vellum Bristol and Tag Sheets (Recycled and Non-Recycled Stock)

1.2.9 Category 9 – No. 1 Opaque Text and Cover Sheets (Recycled Stock)

1.2.10 Category 10 – Parchment Imitation Finish Text and Cover Sheets (Recycled Stock)

1.2.11 Category 11 – Pressure Sensitive 60# Label Sheets

1.2.12 Category 12 – Carbonless Paper Sheets and Sets

1.2.13 Category 13 – Docucopy Copier Tab Series 1000

1.2.14 Category 14 – Perforated Paper

1.2.15 Category 15 – 32# Color Copy Imaging Paper

1.2.16 Category 16 – 12 pt. Coated Single Sided Poster Board

1.3 MATERIAL REQUIREMENTS

1.3.1 Recycled Paper Specifications

1.3.1.1 Recycled paper shall be waste paper as defined by the U.S. EPA’s Comprehensive Procurement Guideline for Products Containing Recovered Materials, 40 CFR 247. Waste paper includes both post-consumer recovered materials and pre-consumer recovered items. Mill broke is specifically excluded from the definition of recovered material because it is waste generated before completion of the paper making process.

1.3.1.2 The bursting strength, tear, and moisture content shall be as equal to each item’s virgin counterparts or as much as possible. Opacity and brightness properties shall be as stipulated herein.

1.3.2 Applicable Documents. The latest versions of the following shall apply:

1.3.2.1 Resources Conservation and Recovery Act (RCRA) Section 6002

1.3.2.2 U.S. E.P.A.’s Guideline for Federal Procurement of Paper and Paper Products Containing Recovered Materials

1.3.3 Material of construction shall contain recycled paper as defined in section 1.3.1.1, either with the combination of virgin sulphite bond and/or ground wood or exclusively made of recycled content.

1.3.4 All types of paper shall be manufactured with a recycled content of not less than 50% recovered materials, including 10% post-consumer materials. There shall be no excessive dirt or lint.

1.3.5 All grades of paper shall have proper amounts of sizing chemicals to take different inks and toners, as applicable, without feathering or ink penetration to the other side.

1.3.6 Finish

1.3.6.1 All grades of paper shall have smooth finish, as standard to the industry, to maintain compatibility with the appropriate equipment.

1.3.6.2 Smoothness shall be within given range in United States Government Publishing Office (GPO) and Joint Committee on Printing (JCP) specifications.

1.3.7 Lint Control

1.3.7.1 All bond-type paper shall be essentially lint free.

1.3.7.2 Any grade paper having lint problems may be rejected by the using agency and shall be immediately replaced by the vendor at no additional cost.

1.3.7.3 If a repeated lint problem occurs, the contract may be subject to termination.

1.3.8 Moisture Content

1.3.8.1 Multi-purpose and laser printer papers shall have proper amounts of moisture content to minimize excessive curling of paper in machines, resulting in a machine jam.

1.3.8.2 Multi-purpose grades should be compatible with high-speed Xerox or similar machines.

1.3.9 Size and Trim

1.3.9.1 Paper shall be furnished in sheets of the size(s) ordered and shall be flat, trimmed square on four (4) sides with smooth edges.

1.3.9.2 The sheets shall not be undersized or oversized more than 1/16” inches in either direction.

1.3.10 Workmanship

1.3.10.1 All types of paper listed in this Contract shall be manufactured according to the standards of the industry.

1.3.10.2 The paper shall be free from pinholes, slime spots, excessive lint, and foreign particles.

1.4 PACKAGING REQUIREMENTS

1.4.1 Any paper items ordered under this Contract shall be packaged in accordance with mill specifications and industry standards.

1.4.2 Sheet stock ordered under this Contract shall be:

1.4.2.1 Ream-marked on Skids,

1.4.2.2 Packed in Cartons, or

1.4.2.3 Carton-packed on pallets.

1.4.3 Labels for all types, cartons, and skids shall be marked with pertinent information, including:

1.4.3.1 Quantity,

1.4.3.2 Sheet size,

1.4.3.3 Basis weight of paper,

1.4.3.4 Gross and net shipping weights,

1.4.3.5 Brand name, and

1.4.3.6 Other information provided at the time of order placements, including job number, requisition number and agency name.

1.5 MILL SWATCH BOOK REQUIREMENT

1.5.1 Contractor shall provide sixteen (16) swatch books, upon request, for each approved contract paper for use by State Printing Procurement, State Printing Copy Centers, and Ohio Penal Industries. Additional swatch books may be requested by any agency or properly registered cooperative purchasing member at no additional cost.

1.5.2 The mill swatch book 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, except when the discrepancy is due to a change made by the manufacturer. Manufacturer changes require prior written approval from the Department of Administrative Services, Office of Procurement Services.

1.6 ORDERING REQUIREMENTS

1.6.1 The Ordering Agency will determine the approximate amount and type of paper to be used for completion of the particular printing requirement.

1.6.2 Orders will be placed for shipment to a specified location, with most locations being within the State of Ohio;

however, there may be occasional out-of-state shipments.

1.6.3 Orders may be placed for different sizes, colors, and weights with one purchase order, one invoice, and one destination.

1.6.4 No order shall specify delivery to exceed thirty (30) days beyond the expiration and/or cancellation date of this Contract.

1.7 EMERGENCY DELIVERY FREIGHT CHARGE

1.7.1 Contractor may be required to provide same-day delivery or delivery within twenty-four (24) hours for all items on this Contract.

1.7.2 Emergency shipments will be subject to the Emergency Freight Charge indicated by the bidder on the OhioBuys Item Grid.

1.7.2.1 The Emergency Delivery Freight Charge will not be used in the evaluation process.

1.7.2.2 The Emergency Delivery Freight Charge is firm for the life of the contract.

1.7.2.3 The Emergency Delivery Freight Charge shall be one charge for all items on the same order for emergency delivery, regardless of category and/or quantity ordered.

1.8 DISCONTINUED PAPER STOCK

1.8.1 Contractors shall notify the Office of Procurement Services (OPS) immediately should any item on this contract be discontinued.

1.8.2 In the event of paper stock being discontinued, the Contractor may only substitute alternate stock with the permission of OPS.

1.8.2.1 Substitutions must meet all specifications.

1.8.2.2 Price adjustments for substituted items shall only be permitted in accordance with Section 3.5, FIXED-

PRICE WITH ECONOMIC ADJUSTMENT.

1.9 ADDITIONAL REQUIREMENTS

1.9.1 Count

1.9.1.1 Mill count on business-cut sizes and commercial portfolio-cut sizes shall be accurate for all grades of paper.

1.9.1.1.1 Business-cut sizes: 500 perfect text sheets per ream.

1.9.1.1.2 Commercial portfolio-cut sizes: carton packed as per industry standards.

1.9.2 Mill weight for web rolls, packed as per industry standards, shall be accurate for all grades of paper.

1.9.3 Sheet counts for chipboard shall be listed on the carton or bundle, respectively to industry standard.

1.9.4 Verification of count may be requested by the ordering agency and deliveries may be rejected for incorrect count.

1.10 CATEGORY SPECIFIC REQUIREMENTS

1.10.1 Category 1 — Premium #1 White 24# Laser Print (Virgin Stock)

1.10.1.1 Paper is to be used on small and large offset presses, copiers, laser printers, ink jet printers, and fax machines.

1.10.1.2 This paper must not contain any recycled material.

1.10.1.3 Contractor must provide a manufacturer’s letter certifying a Sheffield smoothness of fifty (50) or lower.

1.10.1.4 Minimum Acceptable Brightness: 94

1.10.1.5 Minimum Acceptable Opacity: 92

1.10.1.6 No wax holdout.

1.10.2 Category 2 — #1 Xerographic Dual Purpose 20# Bond (Virgin and Recycled Stock)

1.10.2.1 Paper is to be used on high-speed xerographic reproduction machines.

1.10.2.2 Minimum Acceptable Brightness: 91

1.10.2.3 Minimum Acceptable Opacity: 86

1.10.3 Category 4 — No. 2 Offset Uncoated Sheets (Recycled and Non-Recycled Stock)

1.10.3.1 Both white and color paper shall have a smooth uniform surface on both sides of the sheet and provide good dimensional stability and press performance.

1.10.3.2 Minimum Acceptable Brightness Text Weight 70#: 87

1.10.3.3 Minimum Acceptable Opacity Text Weight 70#: 93

1.10.4 Category 5 — No. 2 White Gloss Coated Text and Cover Weights, (Recycled Sheets)

1.10.4.1 Paper shall be suitable for all types of offset lithography.

1.10.4.2 Paper shall maintain the same quality finish for both sides of the sheet.

1.10.4.3 Text weights and cover weights should be of matching quality, finish, and color.

1.10.4.4 Minimum Acceptable Brightness Text Weight 80#: 87

1.10.4.5 Minimum Acceptable Opacity Text Weight 80#: 92

1.10.4.6 Minimum Acceptable Brightness Cover Weights 80# and 100#: 87

1.10.5 Category 6 — 24# White, 25% Cotton Fiber Watermarked Bond

1.10.5.1 Paper shall give good results and press performance on all types of offset, xerographic, flexographic, die stamping, lithography, and raised printing.

1.10.5.2 Paper shall be suitable for letterheads and general use communications.

1.10.5.3 Paper shall not have cockle finish.

1.10.5.4 Paper shall have a smooth, woven finish.

1.10.5.5 Ground woods and blended bonds are unacceptable for this paper.

1.10.5.6 Paper must be watermarked, acid-free, and laser and inkjet guaranteed.

1.10.5.7 Minimum Acceptable Brightness: 91

1.10.5.8 Minimum Acceptable Opacity: 88

1.10.6 Category 7 — No. 1 White Matte, Silk, Dull, and Satin Coated Text and Cover Weights, Sheets (Recycled Stock)

1.10.6.1 Paper shall be blade coated with a dull, matte finish.

1.10.6.2 Paper shall be suitable for all types of offset lithography.

1.10.6.3 Web rolls shall be suitable for the full range of heat set links and multicolor printing for web offset.

1.10.6.4 Paper shall maintain the same quality finish for both sides.

1.10.6.5 Book weights, cover weights, and web weights shall be of matching quality, finish, and color.

1.10.6.6 Minimum Acceptable Brightness Text Weight 80#: 91

1.10.6.7 Minimum Acceptable Opacity Text Weight 80#: 93

1.10.6.8 Minimum Acceptable Brightness Cover Weights 80# and 100#: 91

1.10.7 Category 8 — Index, Vellum Bristol, and Tag Sheets (Recycled and Non-Recycled Stock)

1.10.7.1 Index Sheets

1.10.7.1.1 Paper shall be suitable for all types of printing processes.

1.10.7.1.2 Paper shall maintain the same quality finish on both sides of sheet.

1.10.7.1.3 Target brightness of 96, based on 90#, 100#, 125#, and 150#, White

1.10.7.1.4 Minimum Acceptable Brightness: 92

1.10.7.2 Vellum Bristol Sheets

1.10.7.2.1 Paper shall be suitable for all types of printing processes.

1.10.7.2.2 Paper shall maintain the same quality of finish on both sides of the sheet.

1.10.7.2.3 Target brightness of 90, based on 67#, White.

1.10.7.2.4 Minimum Acceptable Brightness 67# and 80#, White: 87.

1.10.7.3 Tag Sheets

1.10.7.3.1 Paper shall be suitable for all types of printing processes.

1.10.7.3.2 Paper shall maintain the same quality finish on both sides of sheet.

1.10.7.3.3 Target brightness of 96, based on 100#, 125#, 150# White

1.10.7.3.4 Minimum Acceptable Brightness 100#, 125#, 150# White: 92

1.10.8 Category 9 — No. 1 Opaque Text and Cover Weights, Sheets (Recycled Stock)

1.10.8.1 Paper shall be suitable for all types of offset, xerographic, and flexographic printing methods.

1.10.8.2 Colors and finishes for text and cover weights shall match.

1.10.8.3 Cover weights shall be durable and well-suited for folding.

1.10.8.4 Minimum Acceptable Brightness Text Weight 50#, 60#, and 70#: 91

1.10.8.5 Minimum Acceptable Opacity Text Weight 50#, 60#, and 70#: 92

1.10.8.6 Minimum Acceptable Brightness Cover Weight 65#: 91

1.10.9 Category 10 — Parchment Imitation Finish Text and Cover Sheets (Recycled Stock)

1.10.9.1 Paper shall be suitable for all types of offset, xerographic, and flexographic printing methods.

1.10.9.2 Colors and finish for text and cover sheets shall match.

1.10.9.3 Cover sheets shall be durable and well-suited for folding.

1.10.9.4 Minimum Acceptable Brightness Text Weight 60#: 79

1.10.9.5 Minimum Acceptable Opacity Text Weight 60#: 83

1.10.9.6 Minimum Acceptable Brightness Cover Weight 65#: 79

1.10.10 Category 11 — Pressure Sensitive 60# Label Sheets

1.10.10.1 Paper stock shall be vellum finish coated offset with permanent or removeable mill brand adhesive.

1.10.10.2 All sheets shall be capable of accepting all types of pen and ink applications.

1.10.10.3 All sheets shall perform well on all types of printing presses designed for label production.

1.10.10.4 Backing sheets shall be of the “splitless liner” type, “crank’n peel,” or equal.

1.10.11 Category 12 — Carbonless Paper Sheets and Sets

1.10.11.1 Paper shall be micro-encapsulated or emulsified for black image only and consisting of coated back, coated front, coated front and back, in all types as are standard to the industry.

1.10.11.2 Paper shall be compatible with one another when combined, in proper collation, for forms.

1.10.11.3 Paper shall also respond to the fan-a-part padding process.

1.10.11.4 Paper shall be resistant to excessive curl when properly printed.

1.10.11.5 All types shall be of the same manufacturer and brand.

1.10.11.6 Carbonless Flat Sheets (Single Sheets)—Cut Sizes, Ledger, and TAG

1.10.11.6.1 Required Color Selections:

i. White

ii. Gold

iii. Pink

iv. Canary

v. Green

vi. Blue

1.10.11.7 Carbonless Heavyweight 20# Pre-Collated, Forward and Reverse Sequence Sets

1.10.11.7.1 Color Sequences Required:

i. 2 Part – CF Canary, CB White (Color Sequence Code A)

ii. 3 Part – CF Pink, CFB Canary, CB White (Color Sequence Code B)

iii. 4 Part – CF Gold, CFB Pink, Canary, CB White (Color Sequence Code C)

iv. 5 Part – CF Gold, CFB Pink, Canary, CFB Green, CB White (Color Sequence Code D)

1.10.12 Category 13 — Docucopy Copier Tabs, Series 1000, and Docucopy Trilar Copier Tabs, 3201

1.10.12.1 All copier tabs shall be 11” X 8½”, plus ½” tab for an overall size of 11” X 9”.

1.10.12.2 All copier tabs shall be constructed of 90# white, xerographic index, long grain, recycled paper stock without binding edge reinforcement.

1.10.12.3 All copier tabs shall be packed in five (5) sealed inner boxes per air-cushioned carton.

1.10.12.4 All copier tabs shall be guaranteed to run on all OCE’ Varioprint 4110, Canon IR110, and Canon IR125 style high production copiers.

1.10.12.5 Docucopy Copier Tabs, Series 1100

1.10.12.5.1 Shall be ordered in pallet quantities of 54 cartons per pallet.

1.10.12.6 Docucopy Trilar Copier Tabs, Series 3201

1.10.12.6.1 Shall be ordered in pallet quantities of 42 cartons per pallet.

1.10.13 Category 14 — Perforated Paper

1.10.13.1 Paper shall be used on small and large offset presses, copiers, laser printers, inkjet printers, and fax machines.

1.10.13.2 Perforations shall be forty (40) teeth per inch.

1.10.13.3 Stock shall not contain recycled material.

1.10.13.4 All items shall shrink wrap in packages of five hundred (500) with chipboard on the top and bottom of each pack.

1.10.13.5 All items shall be carton packed with two thousand five hundred (2,500) sheets per carton.

1.10.13.6 Test run of 2,500 sheets shall be provided for each item in Category XIV, upon request.

1.10.13.7 Minimum Acceptable Brightness: 92

1.10.13.8 Minimum Acceptable Opacity: 89

1.10.14 Category 15 – 32# Color Copy Imaging Paper

1.10.14.1 Paper shall be suitable for all types of printing processes.

1.10.14.2 Paper shall maintain the same quality finish on both sides of sheet.

1.10.14.3 Minimum Brightness: 96.

2 - STANDARD TERMS AND CONDITIONS

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

3 - CONTRACT SPECIFIC TERMS AND CONDITIONS

3.1 - 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.

3.2 - 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.

3.3 - CONTRACTOR REVENUE SHARE

The Contractor must pay to the State a share of the sales transacted under this Contract as a fee to the State to cover the estimated costs the State will incur in administering this Contract and the Services offered under it (“Revenue Share”).

The Contractor must remit the Revenue Share in U.S. dollars within 30 days after the end of the quarterly reporting period. The Revenue Share that the Contractor must pay under this Contract equals ¾ of 1% of the total quarterly sales reported. The Revenue Share must be included in the prices reflected in any order and reflected in the total amount charged to the State, and the Contractor may not add a surcharge to orders under this Contract to cover the cost of the Revenue Share.

The Contractor must remit any amount due as the result of a quarterly or closeout sales report at the time the quarterly or closeout sales report is submitted to the Department of Administrative Services, Office of State Purchasing. To ensure the payment is credited properly, the Contractor must identify the payment as a “State of Ohio Revenue Share” and include this Contract number, total report amount, and reporting period covered.

Contractor will pay the Revenue Share by check remittance, both normal and overnight, credit card payment via the State’s epayment portal, or ACH payment, if approved by the State, using the instructions below

Check remittance:

Follow the remittance instructions on the required Quarterly Sales Report and Revenue Share Remittance Form at the following link, https://das.ohio.gov/revenueshareform.

Credit Card Payments:

To pay by credit card, use the following link, https://epay.das.ohio.gov/Payment, select “Revenue Share” as the payment type and follow the on-screen prompts.

ACH Payments:

If this payment method is approved by the State, the State will provide payment instructions to Contractor.

If the full amount of the Revenue Share is not paid within 30 days after the end of the applicable reporting period, the non-payment will constitute a contract debt to the State. The State may setoff any unpaid Revenue Share from any amount owed to the Contractor under this Contract and employ all other remedies available to it under Ohio law for the non-payment of the Revenue Share. Additionally, if the Contractor fails to pay the Revenue Share in a timely manner, the failure will be a breach of this Contract, and the State may terminate this Contract for cause as set forth herein and seek damages for the breach.

https://procure.ohio.gov/static/pdf/About_Procurement/Procurement_Policies/Standard_T_C_10_15_22.pdf https://das.ohio.gov/revenueshareform https://epay.das.ohio.gov/Payment

3.4 - CONTRACTOR QUARTERLY SALES REPORT

The Contractor must report the quarterly dollar value (in U.S. dollars and rounded to the nearest whole dollar) of the sales to Cooperative Purchasing Members under this Contract by calendar quarter (e.g. January-March, April-June, July-September and October-December). The dollar value of the sale is the price paid by the Contract user for the products and/or services listed on the purchase order or other encumbering document, as recorded by the Contractor.

To submit this quarterly sales report, the Contractor is responsible for obtaining access to OhioBuys and must report the quarterly dollar value of sales to Cooperative Purchasing Members to the Department of Administrative Services (DAS) via the Internet using OhioBuys at the following web address supplier-emarketplace.ohio.gov . If no sales occur, the Contractor must report zero. The report must be submitted no later than thirty (30) days following the completion of the reporting period.

The Contractor shall also submit a close-out report within one hundred and twenty (120) days after the expiration of this Contract. The Contract expires upon the physical completion of the last outstanding task or delivery order of the Contract. The close-out report must cover all sales not shown in the final quarterly report and reconcile all errors and credits. If the Contractor reported all contract sales and reconciled all errors and credits on the final quarterly report, then the Contractor should show zero “0” sales in the close-out report.

If the Contractor fails to submit sales reports, falsifies reports or fails to submit sales reports in a timely manner, DAS may terminate this Contract.

3.5 - 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 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”.

3.6 - DELIVERY

Supplies will be delivered to the participating agency within 3 days after receipt of order. The delivery location will be noted on the purchase order issued by the participating agency. The Contractor shall provide inside delivery upon request.

3.7 - COOPERATIVE PURCHASING CONTRACT

This Contract may be utilized by Cooperative Purchasing Members. “Cooperative Purchasing Members” or “Co-op Members” are entities that qualify for participation in the State’s cooperative purchasing program under Section 125.04 of the Ohio Revised Code (“ORC”) and that have completed the steps necessary to participate in that program. They may include Ohio political subdivisions, such as counties, townships, municipal corporations, school districts, conservancy districts, township park districts, park districts created under Chapter 1545 of the ORC, regional transit authorities, regional airport authorities, regional water and sewer districts, and port authorities. They also may include any Ohio county board of elections, state institutions of higher education, private fire companies, private, nonprofit emergency medical service organizations, and chartered nonpublic schools.

If a purchase is made from this Contract by an entity that is not properly registered with the State’s Cooperative Purchasing Program, it may be a violation of law, may be contrary to the entity’s competitive bidding requirements, and will be a breach of this Contract by the Contractor. If a Cooperative Purchasing Member relies upon this Contract to issue a purchase order or other ordering document, the Cooperative Purchasing Member “steps into the shoes” of the State under this Contract. The Cooperative Purchasing Member’s order and this Contract are between the Contractor and the Cooperative Purchasing Member. The Contractor must look solely to the Cooperative Purchasing Member for performance, including payment. The Contractor agrees to hold the state of Ohio harmless with regard to Cooperative Purchasing Member’s orders and Cooperative Purchasing Member’s performance. DAS may cancel this Contract and may seek remedies if the Contractor fails to honor its obligations under an order from a Cooperative Purchasing Member.

4 - INVITATION TO BID INSTRUCTIONS

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

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 - 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.

5.3 - 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 final total for each category.

5.4 - CONTRACT AWARD

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

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

6 - AMENDMENTS

6.1 - SUMMARY OF AMENDMENTS

Amendment Number

Effective Date Description

4 10/20/25 This amendment is issued to increase pricing, effective with all orders issued on or after 10/20/25. Additionally, this amendment is issued to repaginate.

3 04/04/25 This amendment is issued to increase pricing, effective with all orders issued on or after 04/04/25.

2 02/10/25 This amendment is issued to increase pricing, effective with all orders issued on or after 02/10/25. Additionally, this amendment is issued to update the manufacturer Rolland to Sustana.

1 07/29/24 This amendment is issued to increase pricing, effective with all orders issued on or after 07/29/24.