Procurement Division
707 Third Street, 2nd Floor, MS #2-202
West Sacramento, CA 95605-2811
State of California
MULTIPLE AWARD SCHEDULE
Pacific Play Systems, Inc.
CMAS NUMBER: 4-19-78-0095A
SUPPLEMENT NO.: N/A
CMAS TERM DATES: 4/30/2019 through 6/30/2023
CMAS CATEGORY: Non Information Technology
Commodities
APPLICABLE
TERMS & CONDITIONS: December 1, 2017
MAXIMUM ORDER LIMIT:
State Agencies: See Purchasing
Authority Dollar Threshold provision
Local Government Agencies: Unlimited
FOR USE BY: State & Local Government Agencies
BASE GSA SCHEDULE NO.: GS-03F-0076U
BASE SCHEDULE HOLDER: Krauss Craft, Inc.
This CMAS provides for the purchase, warranty and installation of fitness, park, and playground equipment. (See page 2 for the specific brands applicable to this CMAS.)
NOTICE: Products and/or services on this CMAS may be available on a Mandatory Statewide Contracts. If this is the case, the use of this CMAS is restricted unless the State agency has an approved exemption as explained in the Statewide Contract User Instructions. Information regarding Statewide Contracts can be obtained at the website: www.documents.dgs.ca.gov/pd/contracts/contractindexlisting.pdf. This requirement is not applicable to local government entities.
State agencies cannot use this CMAS to purchase products available through the California Prison Industry Authority (CALPIA) without a one-time exemption from CALPIA. Agencies may request an exemption at the following website: www.calpia.ca.gov/about/doing-business-with-calpia/exemption-process/. A copy of the approved exemption must be kept with the purchase order for audit purposes.
The most current Ordering Instructions and Special Provisions, CMAS Terms and Conditions, and products and/or services are included herein. All purchase orders issued by State agencies under this CMAS shall incorporate these Ordering Instructions and Special Provisions and CMAS Terms and Conditions dated December 1, 2017.
Agency non-compliance with the requirements of this CMAS may result in the loss of delegated authority to use the CMAS program.
________________Original Signature on File______________ Effective Date: 4/30/2019 JANNA WELK, Program Analyst, California Multiple Award Schedules Unit EXHIBIT 3
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
PACIFIC PLAY SYSTEMS, INC.
CMAS NO. 4-19-78-0095A
Ordering Instructions and Special Provisions 2
CMAS contractor non-compliance with the requirements of this CMAS may result in termination of the CMAS.
CMAS PRODUCT & SERVICE CODES
The CMAS Product & Service Codes listed below are for
marketing purposes only. Review this CMAS and the
base contract identified below for the products and/or
services available on this CMAS.
Outdoor-Benches
Outdoor-Bike Stand
Outdoor-Picnic Table
Outdoor-Waste Receptacle
Playground-Equip
Playground-Equip Shade
Playground-Surface Rubberized
Recreational-Exercise/Fitness
AVAILABLE PRODUCTS AND/OR SERVICES
Only products from the manufacturer(s) listed below are available within the scope of this CMAS:
Playcraft Systems
The ordering agency must verify all products and/or
services are currently available on the base GSA
schedule at the GSA eLibrary. Access the GSA eLibrary
at www.gsaelibrary.gsa.gov.
CMAS BASE CONTRACT
This CMAS is based on some or all of the products
and/or services and prices from GSA Schedule No.
GS-03F-0076U (KRAUSS CRAFT, INC.) with a GSA
term of 6/1/2018 through 6/30/2023.
Replace “Krauss Craft, Inc.” with “Pacific Play
Systems, Inc.” where “Krauss Craft, Inc.” is
referenced in the federal GSA multiple award
Contract Terms and Conditions.
ISSUE PURCHASE ORDER TO
Agency purchase orders must be either mailed, faxed, or emailed to the following:
Pacific Play Systems, Inc.
3288 Grey Hawk Court
Carlsbad, CA 92010
Attn: Ali Bemanian
Fax: (760) 599-7385
E-mail: [email protected]
Agencies with questions regarding products and/or
services may contact the CMAS contractor as follows:
Contact: Anna Goodson
Phone: (760) 599-7355
E-mail: [email protected]
TOP 500 DELINQUENT TAXPAYERS
In accordance with Public Contract Code (PCC) §
10295.4, and prior to placing an order for non-IT goods and/or services, agencies must verify with the Franchise Tax Board and the California Department of Tax and Fee
Administration that this CMAS contractor’s name does
not appear on either list of the 500 largest tax
delinquencies pursuant to Section 7063 or 19195 of the
Revenue and Taxation Code.
The Franchise Tax Board’s list is available at
www.ftb.ca.gov/aboutftb/delinquent-taxpayers.shtml.
The California Department of Tax and Fee
Administration’s list is available at
www.cdtfa.ca.gov/taxes-and-fees/top500.htm.
CALIFORNIA SELLER’S PERMIT
Pacific Play Systems, Inc.’s California Seller’s Permit No. is 101713354. Prior to placing an order with this
company, agencies must verify that this permit is still valid at the following website: cdtfa.ca.gov/.
CMAS PRICES
The maximum prices allowed for the products and/or
services available in this CMAS are those set forth in the base contract identified on page 2 of this CMAS.
The ordering agency is encouraged to seek prices lower
than those on this CMAS. When responding to an
agency’s Request for Offer (RFO), the CMAS contractor
can offer lower prices to be competitive.
DARFUR CONTRACTING ACT
This CMAS contractor has certified compliance to the
Darfur Contracting Act, per Public Contract Code (PCC)
§ 10475, et seq.
WARRANTY
For warranties, see the federal GSA schedule and the
CMAS Terms and Conditions, General Provisions, CMAS
Warranty.
DELIVERY
30-90 days after receipt of order, or as negotiated
between agency and CMAS contractor and included in
the purchase order, or as otherwise stipulated in the
contract.
SHIPPING INSTRUCTIONS
F.O.B. (Free On Board) Origin. Buying agency pays the
freight charges.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
PACIFIC PLAY SYSTEMS, INC.
CMAS NO. 4-19-78-0095A
Ordering Instructions and Special Provisions 3
State agencies (not local governments) must follow
the instructions below whenever the weight of the
purchase is 100-lbs or more and F.O.B. Destination,
Freight Prepaid is not used.
All shipments will be made by ground transportation
unless otherwise ordered on the purchase order.
Before placing order, contact the DGS Transportation
Management (916) 376-1888 to determine the routing of
freight shipments. You will need to provide
Transportation Management with the point of origin and
destination. They will also want to know the commodity
being shipped and the estimated shipping weight of the
order. If shipping overnight, the account number must be included.
Routing information should be shown on the face of the
purchase order in the format shown below.
Shipping Instructions:
Supplier route via: _____________________________.
Carrier’s telephone number: _____________________.
Annotate bill(s) of lading as follows:
“Freight for account of State of California. Tender
Number: ____________________applies. State of
California Purchase Order Number: __________ SHIP
FREIGHT COLLECT.” Estimated Freight charges:
___________________.
If supplier is unable to use this carrier, call Transportation Management at (916) 376-1888.
The following statement must be noted on the
purchase order when the commodities are being
shipped via UPS (United Parcel Service) and the
State is paying directly to UPS (Collect).
Shipping Instructions:
Supplier route via United Parcel Service (ground).
State of California, Department of
___________________ UPS account number applies.
State of California Purchase Order Number
_____________. SHIP COLLECT. Estimated UPS
charges: ___________________.
If supplier is unable to use UPS, call Transportation
Management at (916) 376-1888.
CMAS Contractor Note: Additional shipping costs
incurred by deviation to above shipping instructions,
without Transportation Management approval, shall be
charged to the CMAS contractor.
PURCHASING AUTHORITY DOLLAR THRESHOLD
Unless otherwise determined by in individual ordering
agency purchasing authority, order limits for the purchase of goods and/or services is:
Non-Information Technology Commodities:
$100,000
No CMAS order may be executed by a State agency that
exceeds that agency’s purchasing authority threshold.
State agencies with approved purchasing authority, along with their dollar thresholds can be obtained at:
https://www.dgs.ca.gov/PD/Resources/PageContent/Procurement-Division-Resources-ListFolder/List-of-State-Departments-with-ApprovedPurchasing-Authority.
HOW TO USE CMAS
Agencies must adhere to the detailed requirements in the State Contracting Manual (SCM) when using CMAS. The
requirements for the following bullets are in the SCM,
Volume 2, Chapter 6 (for non-IT), the SCM, Volume 3,
Chapter 6 (for IT), and the SCM, Volume FI$Cal, Chapter 5 (FI$Cal):
Develop a Request for Offer, which includes a
Scope of Work (SOW), and Bidder Declaration
form. For information on the Bidder Declaration
requirements, see the SCM, Volume 2, Section
3.5.7 and Volume 3, Section 3.4.7.
Search for potential CMAS contractors at
https://www.dgs.ca.gov/PD/About/PageContent/PD-Branch-Intro-AccordionList/Acquisitions/California-Multiple-AwardSchedules, select “Find a CMAS Contractor.” Solicit offers from a minimum of 3 CMAS
contractors including one small business and/or
DVBE, if available, who are authorized to sell the
products and/or services needed.
If soliciting offers from a certified DVBE, include the Disabled Veteran Business Enterprise Declarations
form (Std. 843) in the Request for Offer. This
declaration must be completed and returned by the
DVBE prime contractor and/or any DVBE
subcontractors. (See the SCM Volumes 2, 3, and
FI$Cal, Chapter 3).
This is not a bid transaction, so the small business
preference, DVBE incentives, protest language,
intents to award, evaluation criteria, advertising,
etc., are not applicable.
If less than 3 offers are received, State agencies
must document their file with the reasons why the
other suppliers solicited did not respond with an
offer.
Assess the offers received using best value
methodology, with cost as one of the criteria.
Issue a Purchase Order to the selected CMAS
contractor.
For CMAS transactions under $10,000, only one
offer is required if the State agency can establish
and document that the price is fair and reasonable.
The fair and reasonable method can only be used
for non-customizable purchases.
Local governments set their own order limits, and are not bound by the order limits on the cover page of this CMAS.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
PACIFIC PLAY SYSTEMS, INC.
CMAS NO. 4-19-78-0095A
Ordering Instructions and Special Provisions 4
SPLITTING ORDERS
Splitting orders to avoid any monetary limitations is
prohibited.
Do not circumvent normal procurement methods by
splitting purchases into a series of delegated purchase orders, per Public Contract Code (PCC) § 10329.
Splitting a project into small projects to avoid either fiscal or procedural controls is prohibited, per State
Administrative Manual (SAM) § 4819.34.
MINIMUM ORDER LIMITATION
The minimum dollar value of an order to be issued under this CMAS is $100.
ORDERING PROCEDURES
1. Purchase Orders
All Ordering Agency purchase order documents
executed under this CMAS must contain the
applicable CMAS number as show on page 1.
1. State Departments:
Std. 65 Purchase Documents – State
departments not transacting in FI$Cal must use
the Purchasing Authority Purchase Order (Std.
65) for purchase execution. An electronic
version of the Std. 65 is available at the DGSPD website at https://www.dgsapps.dgs.ca.gov/osp/Statewide
FormsWeb/Forms.aspx (select Standard STD
Forms).
FI$Cal Purchase Documents – State
departments transacting in FI$Cal will follow the
FI$Cal procurement and contracting
procedures.
2. Local Governmental Departments:
Local governmental agencies may use their own
purchase document for purchase execution.
The agency is required to complete and distribute
the purchase order. For services, the agency shall
modify the information contained on the order to
include the service period (start and end date), and
the monthly cost (or other intermittent cost), and any
other information pertinent to the services being
provided. The cost for each line item should be
included in the order, not just system totals.
The contractor must immediately reject purchase
orders that are not accurate. Discrepancies are to
be negotiated and incorporated into the purchase
order prior to the products and services being
delivered.
2. Service and Delivery after CMAS Expiration
The purchase order must be issued before the
CMAS expires. However, delivery of the products or
completion of the services may be after the CMAS
expires (unless otherwise specifically stated in the
purchase order).
3. Multiple CMAS Agreements on a Single
Purchase Order
Agencies wishing to include multiple CMAS(s) on a
single FI$Cal purchase order must adhere to the
following guidelines:
• All CMAS must be for the same CMAS contractor.
• The purchase order must go to one contractor
location.
• Write the word “CMAS” in the space usually
reserved for the contract number. On Std. 65’s, this
is at the top of the form. The word “CMAS” signifies
that the purchase order contains items from multiple
CMAS agreements. The purchasing agency may
only use one bill code.
• For each individual CMAS (as differentiated by
alpha suffix), the agency must identify and group
together the CMAS number with the line items and
subtotal per CMAS number (do not include tax in the
subtotal), and sequentially identify each individual
CMAS as Sub #1, Sub #2, Sub #3, etc. This
facilitates accurate billing of administrative fees by
the Procurement Division.
• The total of all items on the purchase order must
not exceed the purchase order limit identified in the
CMAS.
• Do not combine items from both non-IT and
Information Technology CMAS(s). A non-IT CMAS
begin with the number “4” and an Information
Technology CMAS begins with the number “3.” The
purchase order limits are different for these two
types of CMAS agreements.
4. Amendments to Agency's Purchase Orders
Agency purchase orders cannot be amended if the
CMAS has expired.
The SCM, Volumes 2 & 3, Chapter 6.A5.0 and SCM,
Volume FI$Cal, Chapter 5.A4.0 provides the
following direction regarding amendments to all
types of CMAS purchase orders:
Original orders, which include options for changes
(e.g., quantity or time), that were evaluated and
considered in the selection for award during the
RFO process, may be amended consistent with
the terms of the original order, provided that the
original order allowed for amendments. If the
original order did not evaluate options, then
amendments are not allowed unless an NCB is
approved for those amendments.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
PACIFIC PLAY SYSTEMS, INC.
CMAS NO. 4-19-78-0095A
Ordering Instructions and Special Provisions 5
Amendments unique to non-IT services are covered
in the SCM, Volume 2, Chapter 6.B2.9 and SCM,
Volume FI$Cal, Chapter 5.A4.1 as follows:
If the original contract permitted amendments, but
did not specify the changes (e.g., quantity or
time), it may be amended, per Public Contract
Code (PCC) § 10335 (d)(1). This only applies to
the first amendment. The time shall not exceed
one year, or add not more than 30% of the original
order value and may not exceed $250,000. If the
original contract did not have language permitting
amendments, the NCB process must be followed.
Also, see the SCM, Volumes 2 & 3, Chapter 8, Topic
6, for more information on amending purchase
orders.
CMAS CONTRACTOR OWNERSHIP INFORMATION
Pacific Play Systems, Inc. is a large business enterprise.
SMALL BUSINESS MUST BE CONSIDERED
Prior to placing orders under the CMAS program, State
agencies shall whenever practicable first consider offers from small businesses that have established CMAS
[Government Code (GC) § 14846(b)]. NOTE: The
Department of General Services auditors will request
substantiation of compliance with this requirement when agency files are reviewed.
The following website lists CMAS small business and
Disabled Veteran Partners:
https://www.dgs.ca.gov/PD/About/Page-Content/PDBranch-Intro-Accordion-List/Acquisitions/CaliforniaMultiple-Award-Schedules then select “Find a CMAS Contractor”.
In response to our commitment to increase participation by small businesses, the Department of General Services waives the administrative fee (a fee currently charged
to customer agencies to support the CMAS program)
for orders to certified small business enterprises.
See the current fees in the DGS Price Book at:
https://www.dgs.ca.gov/OFS/Price-Book.
SMALL BUSINESS/DVBE - TRACKING
State agencies are able to claim subcontracting dollars towards their small business or DVBE goals whenever
the CMAS contractor subcontracts a commercially useful
function to a certified small business or DVBE. The
CMAS contractor will provide the ordering agency with
the name of the small business or DVBE used and the
dollar amount the ordering agency can apply towards its small business or DVBE goal.
SMALL BUSINESS/DVBE - SUBCONTRACTING
1. The amount an ordering agency can claim towards
achieving its small business or DVBE goals is the
dollar amount of the subcontract award made by the
CMAS contractor to each small business or DVBE.
2. The CMAS contractor will provide an ordering
agency with the following information at the time the
order is quoted:
a. The CMAS contractor will state that, as the prime
contractor, it shall be responsible for the overall
execution of the fulfillment of the order.
b. The CMAS contractor will indicate to the ordering
agency how the order meets the small business
or DVBE goal, as follows:
List the name of each company that is certified by
the Office of Small Business and DVBE Services
that it intends to subcontract a commercially
useful function to; and
Include the small business or DVBE certification
number of each company listed, and attach a
copy of each certification; and
Indicate the dollar amount of each subcontract
with a small business or DVBE that may be
claimed by the ordering agency towards the small
business or DVBE goal; and
Indicate what commercially useful function the
small business or DVBE subcontractor will be
providing towards fulfillment of the order.
3. The ordering agency’s purchase order must be
addressed to the prime Contractor, and the purchase
order must reference the information provided by the
prime Contractor as outlined above.
NEW EQUIPMENT REQUIRED
The State will procure new equipment. All equipment
must be new (or warranted as newly manufactured) and
the latest model in current production. Used, shopworn, demonstrator, prototype, or discontinued models are not acceptable.
Where Federal Energy Management Program (FEMP)
standards are available, all State agencies shall
purchase only those products that meet the
recommended standards. All products displaying the
Energy Star label meet the FEMP standards.
SPECIAL MANUFACTURED GOODS
Any CMAS for goods to be manufactured by the CMAS
contractor specifically for the State and not suitable for sale to others may require progress payments.
For Non-IT goods CMAS, see the CMAS Non-IT
Commodities Terms and Conditions, Provision 69,
Progress Payments.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
PACIFIC PLAY SYSTEMS, INC.
CMAS NO. 4-19-78-0095A
Ordering Instructions and Special Provisions 6
PRODUCT INSTALLATION
The CMAS contractor is fully responsible for all
installation services performed under the CMAS. Product installations must be performed by manufacturer
authorized personnel and meet manufacturer
documented specifications.
The prime contractor, as well as any subcontractors,
must hold any certifications and/or licenses required for the project.
TRADE-IN EQUIPMENT
Trade-ins at open market price may be considered. The
product description and trade-in allowance must be
identified on the purchase order.
Agencies are required to adhere to State Administrative Manual (SAM) § 3520 through 3520.6, Disposal of
Personal Property and Surplus Personal Property, as
applicable, when trade-ins are considered. A Property
Survey Report, Std. 152, must be submitted for approval prior to disposition of any State-owned personal property, including general office furniture regardless of the
acquisition value, or if the property was recorded or
capitalized for accounting purposes.
PUBLIC WORKS (INSTALLATION SERVICES ONLY)
A public works contract is defined as an agreement for
“the erection, construction, alteration, repair, or
improvement of any public structure, building, road, or other public improvement of any kind” in accordance with the Public Contract Code (PCC) § 1101. State agencies
planning these types of projects need to review the SCM, Volume 1, Chapters 10 and 11 for applicable guidelines
and regulations. Also, the Department of General
Services (DGS), Real Estate Services Division (RESD)
can be contacted at (916) 376-1748, if you have
questions about these types of transactions.
Agency CMAS purchase orders may allow for public
works installation only when it is incidental to the total purchase order amount. The total dollar value of all
public works services included in the purchase order
must not exceed the dollar value of the products.
Agencies are to ensure that the applicable laws and
codes pertaining to the contractor and sub-contractor
licensing, prevailing wage rates, bonding, labor code
requirements, etc., are adhered to by the prime
contractor as well as any sub-contractor during
performance under the CMAS purchase order.
The bond amount for public works is not less than one
hundred percent (100%) of the purchase order price.
NOTE: In accordance with Labor Code (LC) § 1773.2,
the ordering agency is responsible for determining the
appropriate craft, classification or type of worker needed for any contract for public works. Also, the agency is to specify the applicable prevailing wage rates as
determined by the Director of the Department of Industrial Relations (DIR). In lieu of specifying the prevailing wage rates, the agency may include a statement on the order
that the prevailing wage rates are on file at the agency’s office, and will be made available upon request. The
prevailing wage rates are available from the DIR at
www.dir.ca.gov (select Statistics & Research) or (415)
703-4774.
Bonds: For guidelines, see CMAS, General Terms and
Conditions, Public Works Requirements.
State Contractor’s License: Public works services can
be obtained through CMAS only if incidental to the overall purchase order. If incidental public works services are included in the purchase order, prior to issuing the order agencies should contact the State Contractor’s License
Board at 1-800-321-2752 or at www.cslb.ca.gov to verify that the Contractor’s License shown below is still active and in good standing.
Pacific Play Systems, Inc.'s California Contractor's
License number is 957776. This is a Class 61 & D-34
license that is valid through 2/28/2021.
OPEN MARKET/INCIDENTAL, NON-SCHEDULE
ITEMS
The only time that open market/incidental, non-schedule items may be included in a CMAS order is when they fall under the parameters of the Not Specifically Priced
(NSP) Items provision. If the NSP provision is not
included in the CMAS, or the products and/or services
required do not qualify under the parameters of the NSP provision, the products and/or services must be procured separate from CMAS.
NOT SPECIFICALLY PRICED (NSP) ITEMS
CMAS contractors must be authorized providers of the
hardware, software and/or services they offer under the Not Specifically Priced (NSP) Items provision.
Agency and CMAS contractor use of the NSP provision
is subject to the following requirements:
1. Purchase orders containing only NSP items are
prohibited.
2. A purchase order containing NSP items may be
issued only if it results in the lowest overall
alternative to the State.
3. NSP items shall be clearly identified in the order.
Any product or service already specifically priced
and included in the base contract may not be
identified as an NSP item.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
PACIFIC PLAY SYSTEMS, INC.
CMAS NO. 4-19-78-0095A
Ordering Instructions and Special Provisions 7
4. NSP Installation Services: The CMAS contractor is
fully responsible for all installation services
performed under the CMAS. Product installations
must be performed by manufacturer authorized
personnel and meet manufacturer documented
specifications. The prime contractor, as well as any
subcontractors, must hold any certifications and/or
licenses required for the project. The total dollar
value of all installation services included in the
purchase order cannot exceed the dollar value of the
products included in the purchase order, nor can
they exceed the NSP Maximum Order Limitation.
5. Maximum Order Limitation: For orders $250,000, or
less, the total dollar value of all NSP items included
in a purchase order shall not exceed $5,000. For
orders exceeding $250,000, and at the option of the
contractor, the total dollar value of all NSP items in a purchase order shall not exceed 5% of the total cost
of the order, or $25,000 whichever is lower.
6. An NSP item included in an order issued against a
CMAS is subject to all of the terms and conditions
set forth in the contract.
7. Trade-ins, upgrades, involving the swapping of
boards, are permissible, where the contract makes
specific provisions for this action. In those instances where it is permitted, the purchase order must
include the replacement item and a notation that the
purchase involves the swapping of a board.
The following NSP items ARE SPECIFICALLY
EXCLUDED from any order issued under this CMAS:
1. Items not intended for use in directly supporting the priced items included in the same order. An NSP
item must be subordinate to the specifically priced
item that it is supporting. For example, a cable,
which is not otherwise specifically priced in the base
contract, is subordinate to a specifically priced
printer or facsimile machine, and is eligible to be an
NSP item subject to that cable meeting the
remaining NSP requirements. However, a printer or
facsimile machine, which is not otherwise specifically
priced in the base contract, is not subordinate to a
specifically priced cable, and is not eligible to be an NSP item.
2. Supply type items, except for the minimum amount
necessary to provide initial support to the priced
items included in the same order.
3. Items that do not meet the Productive Use
Requirements for information technology products,
per the SCM, Volume 3, Chapter 2, Section 2.B6.2
and SCM, Volume FI$Cal, Chapter 2, Section
2.E3.2.
4. Any other item or class of items specifically excluded from the scope of this CMAS.
5. Public Works components NOT incidental to the total
purchase order amount.
6. Products or services the CMAS contractor is NOT
factory authorized or otherwise certified or trained to provide.
7. Follow-on consultant services that were previously
recommended or suggested by the same CMAS
contractor.
The CMAS contractor is required to reject purchase
orders containing NSP items that do not conform to the
above requirements. The CMAS contractor will promptly
notify the agency issuing the non-conforming order of its non-acceptance and the reasons for its non-acceptance.
STATE AND LOCAL GOVERNMENTS CAN USE
CMAS
State and local government agency use of CMAS is
optional. A local government is any city, county, city and county, district, or other local governmental body or
corporation, including UC, CSU, K-12 schools and
community colleges empowered to expend public funds.
While the State makes this CMAS available, each local
government agency should make its own determination
whether the CMAS program is consistent with their
procurement policies and regulations.
UPDATES AND/OR CHANGES
A CMAS amendment is not required for updates and/or
changes once the update and/or change becomes
effective for the federal GSA schedule, except as follows:
A CMAS amendment is required when the CMAS is
based on specific products and/or services from
another contractor’s multiple award contract and the
contractor wants to add a new manufacturer’s
products and/or services.
A CMAS amendment is required for new federal
contract terms and conditions that constitute a
material difference from existing contract terms and
conditions. A material change has a potentially
significant effect on the delivery, quantity or quality of items provided, the amount paid to the contractor
or on the cost to the State.
A CMAS amendment is required to update and/or change
terms and conditions and/or products and services based on a non-federal GSA multiple award contract.
SELF-DELETING FEDERAL GSA TERMS AND
CONDITIONS
Instructions, or terms and conditions that appear in the Special Items or other provisions of the federal GSA and apply to the purchase, license, or rental (as applicable) of products or services by the U.S. Government in the
United States, and/or to any overseas location shall be self-deleting. (Example: "Examinations of Records"
provision).
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
PACIFIC PLAY SYSTEMS, INC.
CMAS NO. 4-19-78-0095A
Ordering Instructions and Special Provisions 8
Federal regulations and standards, such as Federal
Acquisition Regulation (FAR), Federal Information
Resources Management Regulation (FIRMR), Federal
Information Processing Standards (FIPS), General
Services Administration Regulation (GSAR), or Federal
Installment Payment Agreement (FIPA) shall be selfdeleting. Federal blanket orders and small order procedures are not applicable.
ORDER OF PRECEDENCE
The CMAS Terms and Conditions takes precedence if
there is a conflict between the terms and conditions of the contractor's federal GSA, (or other multiple award
contract), packaging, invoices, catalogs, brochures,
technical data sheets or other documents (see CMAS
Terms and Conditions, CONFLICT OF TERMS).
APPLICABLE CODES, POLICIES AND GUIDELINES
All California codes, policies, and guidelines are
applicable. THE USE OF CMAS DOES NOT REDUCE
OR RELIEVE STATE AGENCIES OF THEIR
RESPONSIBILITY TO MEET STATEWIDE
REQUIREMENTS REGARDING CONTRACTING OR
THE PROCUREMENT OF GOODS OR SERVICES.
Most procurement and contract codes, policies, and
guidelines are incorporated into CMAS agreements.
Nonetheless, there is no guarantee that every possible
requirement that pertains to all the different and unique State processes has been included.
PAYMENTS AND INVOICES
1. Payment Terms
Payment terms for this CMAS are net 45 days.
Payment will be made in accordance with the
provisions of the California Prompt Payment Act,
Government Code (GC) § 927 et. seq. Unless
expressly exempted by statute, the Act requires
State agencies to pay properly submitted,
undisputed invoices not more than 45 days after (i)
the date of acceptance of goods or performance of
services; or (ii) receipt of an undisputed invoice,
whichever is later.
2. Payee Data Record (Std. 204)
State Agencies not transacting in FI$Cal, must
obtain a copy of the Payee Data Record (Std. 204)
in order to process payments. State Ordering
Agencies forward a copy of the Std. 204 to their
accounting office(s). Without the Std. 204, payment
may be unnecessarily delayed. State Agencies
should contact the CMAS contractor for copies of the
Payee Data Record.
3. DGS Administrative and Incentive Fees
Orders from State Agencies:
The Department of General Services (DGS) will bill
each State agency directly an administrative fee for
use of CMAS. The administrative fee should NOT
be included in the order total, nor remitted before an
invoice is received from DGS. This administrative
fee is waived for CMAS purchase orders issued to
California certified small businesses.
See the current administrative fees in the DGS Price
Book at: https://www.dgs.ca.gov/OFS/Price-Book.
Orders from Local Government Agencies:
CMAS contractors, who are not California certified
small businesses, are required to remit to the DGS
an incentive fee equal to 1% of the total of all local
government agency orders (excluding sales tax and
freight) placed against their CMAS. This incentive
fee is in lieu of local government agencies being
billed the above referenced DGS administrative fee.
This incentive fee is waived for CMAS purchase
orders issued to California certified small
businesses.
The check covering this fee shall be made payable
to the Department of General Services, CMAS Unit,
and mailed to the CMAS Unit along with the
applicable Quarterly Report. See the provision in
this CMAS entitled “Contractor Quarterly Report
Process” for information on when and where to send
these checks and reports.
4. Contractor Invoices
Unless otherwise stipulated, the CMAS contractor
must send their invoices to the agency address set
forth in the purchase order. Invoices shall be
submitted in triplicate and shall include the following:
CMAS number
Agency purchase order number
Agency Bill Code (State Only)
Line item number
Unit price
Extended line item price
Invoice total
State sales tax and/or use tax shall be itemized
separately and added to each invoice as applicable.
The company name on the CMAS, purchase order
and invoice must match or the State Controller’s
Office will not approve payment.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
PACIFIC PLAY SYSTEMS, INC.
CMAS NO. 4-19-78-0095A
Ordering Instructions and Special Provisions 9
5. Advance Payments
Advance payment is allowed for services only under
limited, narrowly defined circumstances, e.g.,
between specific departments and certain types of
non-profit organizations, or when paying another
government agency (Government Code (GC) §
11256 – 11263 and 11019).
It is NOT acceptable to pay in advance, except
software maintenance and license fees, which are
considered a subscription and may be paid in
advance if a provision addressing payment in
advance is included in the purchase order.
Software warranty upgrades and extensions may
also be paid for in advance, one time.
6. Credit Card
Pacific Play Systems, Inc. does not accept the State
of California credit card (CAL-Card).
7. Lease/Purchase Analysis
State agencies must complete a Lease/Purchase
Analysis (LPA) to determine best value when
contemplating a lease/rental, and retain a copy for
future audit purposes (State Administrative Manual
(SAM) § 3710).
For short-term rental equipment, the lease/purchase
analysis must be approved by the Department of
General Services, Office of legal Services.
The lease/purchase analysis for all other purchases
must be approved by the Department of General
Services, GS $Mart State Financial Marketplace.
Buyers may contact the GS $Mart™ Administrator,
Patrick Mullen by phone at (916) 375-4617 or via email at [email protected] for further information.
8. Leasing
The State reserves the right to select the form of
payment for all procurements, be it either an outright
purchase with payment rendered directly by the
State, or a financing/lease-purchase or operating
lease via the State Financial Marketplace (GS $Mart
and/or Lease $Mart). If payment is via the financial
marketplace, the Supplier will invoice the State and
the State will approve the invoice and the selected
Lender/Lessor for all product listed on the State’s
procurement document will pay the supplier on
behalf of the State.
Buyers may contact the GS $Mart™ Administrator,
Patrick Mullen by phone at (916) 375-4617 or via email at [email protected] for further information.
CONTRACTOR QUARTERLY REPORT PROCESS
CMAS contractors are required to submit a detailed
CMAS Business Activity Report on a quarterly basis to
the CMAS Unit. See Attachment B for a copy of this form and instructions.
This report shall be mailed to:
Department of General Services
Procurement Division – CMAS Unit
Attention: Quarterly Report Processing
PO Box 989052, MS #2-202
West Sacramento, CA 95798-9052
Reports that include checks for incentive fees must be
mailed and shall not be e-mailed. All other reports may be e-mailed to the attention of Quarterly Report
Processing as follows:
CMAS Unit E-Mail: [email protected]
For the full instructions on completing and submitting
CMAS Quarterly Business Activity Reports, and a soft
copy of a blank quarterly report form, go to
https://www.dgs.ca.gov/PD/About/Page-Content/PDBranch-Intro-Accordion-List/Acquisitions/CaliforniaMultiple-Award-Schedules, and then select “File a CMAS Quarterly Report”.
Important things to remember regarding CMAS Quarterly
Business Activity Reports (referred to as “reports” below):
A report is required for each CMAS, each quarter,
even when no new purchase orders are received in
the quarter.
A separate report is required for each CMAS.
Each purchase order must be reported only
once in the quarter identified by the purchase
order date, regardless of when the services
were performed, the products were delivered,
the invoice was sent, or the payment was
received.
Purchase orders from State and local government
agencies must be separated on the report, as
shown in the instructions.
CMAS contractors must report the sales activity for
all resellers listed on their CMAS.
Any report that does not follow the required format
or excludes required information will be deemed
incomplete and returned to the CMAS contractor for
corrections.
Taxes and freight must not be included in the report. CMAS contractors who are not California certified
small businesses must attach to their quarterly
report a check covering the required incentive fee
for all CMAS sales to local government agencies
(see more information below).
New CMAS agreements, renewals, extensions, and
modifications will be approved only if the CMAS
contractor has submitted all required quarterly
reports and incentive fees.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
PACIFIC PLAY SYSTEMS, INC.
CMAS NO. 4-19-78-0095A
Ordering Instructions and Special Provisions 10
CMAS Quarterly Business Activity Reports are due in the CMAS Unit within two weeks after the end of each quarter as shown below:
Quarter 1 Jan 1 to Mar 31 Due Apr 15
Quarter 2 Apr 1 to Jun 30 Due Jul 15
Quarter 3 Jul 1 to Sep 30 Due Oct 15
Quarter 4 Oct 1 to Dec 31 Due Jan 15
CONTRACTOR QUARTERLY INCENTIVE FEES
CMAS contractors who are not California certified small businesses must remit to DGS an incentive fee equal to
1% of the total of all local government agency orders
(excluding sales tax and freight) placed against their
CMAS agreement(s). This incentive fee is in lieu of local government agencies being billed the above referenced
DGS administrative fee.
CMAS contractors cannot charge local government
agencies an additional 1% charge on a separate line item to cover the incentive fee. The CMAS contractor must
include the 1% incentive fee in the price of the products or services offered, and the line item prices must not
exceed the applicable base contract prices.
A local government agency is any city, county, district, or other local governmental body, including the California State University (CSU) and University of California (UC) systems, K-12 public schools and community colleges
empowered to expend public funds.
This incentive fee is waived for CMAS purchase orders
issued to California certified small businesses.
The check covering this fee shall be made payable to the Department of General Services, CMAS Unit, and mailed
to the CMAS Unit along with the applicable Quarterly
Report. See the provision in this CMAS entitled
“Contractor Quarterly Report Process” for information on when and where to send these checks and reports.
OBTAINING COPY OF ORIGINAL CMAS AND
SUPPLEMENTS
A copy of a CMAS and supplements, if any, can be
obtained at caleprocure.ca.gov. A complete CMAS
consists of the following:
CMAS cover pages (which includes the signature
page, ordering instructions and special provisions,
and any attachments or exhibits as prepared by the
CMAS Unit)
CMAS Terms and Conditions.
Federal GSA (or Non-GSA) terms and conditions
Product/service listing and prices
Supplements, if applicable.
It is important for the agency to confirm that the required products, services, and prices are included in the CMAS and are at or below base contract rates. To streamline
substantiation that the needed items are in the base
contract, the agencies should ask the CMAS contractor
to identify the specific pages from the base contract that include the required products, services, and prices.
Agencies should save these pages for their file
documentation.
CONTRACTORS ACTING AS FISCAL AGENTS ARE
PROHIBITED
When a subcontractor ultimately provides all of the
products or performs all of the services that a CMAS
contractor has agreed to provide, and the prime
contractor only handles the invoicing of expenditures,
then the prime contractor's role becomes that of a fiscal agent because it is merely administrative in nature, and does not provide a Commercially Useful Function (CUF).
It is unacceptable to use fiscal agents in this manner
because the agency is paying unnecessary
administrative costs.
AGENCY RESPONSIBILITY
Each agency is responsible for its own contracting
program and purchasing decisions, including use of the
CMAS program and associated outcomes.
This responsibility includes, but is not necessarily limited to, ensuring the necessity of the services, securing
appropriate funding, complying with laws and policies,
preparing the purchase order in a manner that
safeguards the State’s interests, obtaining required
approvals, and documenting compliance with
Government Code (GC) § 19130.b (3) for outsourcing
services.
It is the responsibility of each agency to consult as
applicable with their legal staff and contracting offices for advice depending upon the scope or complexity of the
purchase order.
If you do not have legal services available to you within your agency, the DGS Office of Legal Services is
available to provide services on a contractual basis.
CONFLICT OF INTEREST
Agencies must evaluate the proposed purchase order to
determine if there are any potential conflict of interest issues. See the CMAS Terms and Conditions, Conflict of
Interest, for more information.
FEDERAL DEBARMENT
When federal funds are being expended, the agency is
required to obtain (retain in file) a signed “Federal
Debarment” certification from the CMAS contractor
before the purchase order is issued.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
PACIFIC PLAY SYSTEMS, INC.
CMAS NO. 4-19-78-0095A
Ordering Instructions and Special Provisions 11
This certification is required by the regulations
implementing Executive Order 12549, Debarment and
Suspension, 29 CFR Part 98, Section 98.510,
Participants; responsibilities. The regulations were
published as Part VII of the May 26, 1988 Federal
Register (pages 19160-19211).
CONTRACTOR TRAVEL
The Travel provision is not applicable to this CMAS.
LIQUIDATED DAMAGES FOR LATE DELIVERY
The value of the liquidated damages cannot be a penalty, must be mutually agreed upon by agency and contractor
and included in the purchase order to be applicable.
ACCEPTANCE TESTING CRITERIA
If the agency wants to include acceptance testing for all newly installed technology systems, and individual
equipment, and machines which are added or field
modified (modification of a machine from one model to
another) after a successful performance period, the test criteria must be included in the purchase order to be
applicable.
AMERICANS WITH DISABILITY ACT (ADA)
Section 504 of the Rehabilitation Act of 1973 as
amended; Title VI and VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act, 42 USC
12101; California Code of Regulations, Title 2, Title 22; California Government Code, Sections 11135, et seq.;
and other federal and State laws, and Executive Orders
prohibit discrimination. All programs, activities,
employment opportunities, and services must be made
available to all persons, including persons with
disabilities. See Attachment A for Procurement Division’s ADA Compliance Policy of Nondiscrimination on the
Basis of Disability.
Individual government agencies are responsible for selfcompliance with ADA regulations.
Contractor sponsored events must provide reasonable
accommodations for persons with disabilities.
DGS PROCUREMENT DIVISION CONTACT AND
PHONE NUMBER
Department of General Services
Procurement Division, CMAS Unit
707 Third Street, 2nd Floor, MS 2-202
West Sacramento, CA 95605-2811
Phone # (916) 375-4365
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
PACIFIC PLAY SYSTEMS, INC.
CMAS NO. 4-19-78-0095A
Ordering Instructions and Special Provisions 12
ATTACHMENT A
ADA NOTICE
Procurement Division (State Department of General Services)
AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE
POLICY OF NONDISCRIMINATION ON THE BASIS OF DISABILITY
To meet and carry out compliance with the nondiscrimination requirements of the Americans With Disabilities Act (ADA), it is the policy of the Procurement Division (within the State Department of General Services) to make every effort to ensure that its programs, activities, and services are available to all persons, including persons with disabilities.
For persons with a disability needing a reasonable accommodation to participate in the Procurement process, or for persons having questions regarding reasonable accommodations for the Procurement process, please contact the Procurement Division at (916) 375-4400 (main office); the Procurement Division TTY/TDD (telephone device for the deaf) or California Relay Service numbers which are listed below. You may also contact directly the Procurement Division contact person who is handling this procurement.
IMPORTANT: TO ENSURE THAT WE CAN MEET YOUR NEED, IT IS BEST THAT WE RECEIVE YOUR REQUEST AT LEAST 10 WORKING DAYS
BEFORE THE SCHEDULED EVENT (i.e., MEETING, CONFERENCE,
WORKSHOP, etc.) OR DEADLINE DUE-DATE FOR PROCUREMENT
DOCUMENTS.
The Procurement Division TTY telephone numbers are:
Sacramento Office: 916-376-5127 (CALNET 480-5127)
The California Relay Service Telephone Numbers are:
Voice 1-800-735-2922, or 7-1-1
Speech to Speech Service: 1-800-854-7784
ATTACHMENT B
CMAS QUARTERLY BUSINESS ACTIVITY REPORT
Updated 12/2017 13
Company Name:
CMAS Number:
For Questions Regarding This Report Contact:
Name:
Phone Number:
E-mail:
Reporting Calendar Year: Revision
Reporting Quarter: Q1 (Jan-Mar)
Q2 (Apr-Jun)
Q3 (Jul-Sep)
Q4 (Oct-Dec)
Check Here if No New Orders for This Quarter
STATE AGENCY PURCHASES
State Agency Name Purchase Order
Number
Purchase Order
Date
Total Dollars Per
Purchase Order Agency Contact Agency Address Phone Number Total State Agency Dollars Reported for Quarter: $
LOCAL GOVERNMENT AGENCY PURCHASES
Local Government Agency Name Purchase Order
Number
Purchase Order
Date
Total Dollars Per
Purchase Order Agency Contact Agency Address Phone Number Total Local Government Agency Dollars for Quarter: $ 1% Remitted to DGS (does not apply to CA certified S/Bs): $ Total of State and Local Government Agency Dollars Reported for this Quarter: $
ATTACHMENT B
CMAS QUARTERLY BUSINESS ACTIVITY REPORT
Ordering Instructions and Special Provisions 14
Instructions for completing the CMAS Quarterly Business Activity Report
1. Complete the top of the form with the appropriate information for your company.
2. Agency Name - Identify the State agency or Local Government agency that issued the order.
3. Purchase Order Number - Identify the purchase order number (and amendment number if applicable) on the order form. This is not your invoice number. This is the number the State agency or Local Government agency assigns to the order.
4. Purchase Order Date - Identify the date the purchase order was issued, as shown on the order. This is not the date you received, accepted, or invoiced the order.
5. Total Dollars Per PO - Identify the total dollars of the order excluding tax and freight. Tax must NOT be included in the quarterly report, even if the agency includes tax on the purchase order. The total dollars per order should indicate the entire purchase order amount (less tax and freight) regardless of when you invoice order, perform services, deliver product, or receive payment.
6. Agency Contact - Identify the ordering agency’s contact person on the purchase order.
7. Agency Address - Identify the ordering agency’s address on the purchase order.
8. Phone Number - Identify the phone number for the ordering agency’s contact person.
9. Total State Sales & Total Local Sales - Separately identify the total State dollars and/or Local Government agency dollars (pre-tax) for all orders placed in quarter.
10. 1% Remitted to DGS - Identify 1% of the total Local Government agency dollars reported for the quarter. This is the amount to be remitted to DGS by contractors who are not California certified small businesses.
11. Grand Total - Identify the total of all State and Local Government agency dollars reported for the quarter.
Notes:
A report is required for each CMAS, each quarter, even if there are no new orders for the quarter. Quarterly reports are due two weeks after the end of the quarter.