Procurement Division
707 Third Street, 2nd Floor, MS #2-202
West Sacramento, CA 95605-2811
State of California
MULTIPLE AWARD SCHEDULE
The Le Flore Group LLC
Categor ies Information
CMAS NUMBER: 4-20-03-0461C
CMAS TERM DATES: 11/23/2020 through 7/31/2025
CMAS CATEGORY: Non Information Technology Services
APPLICABLE
TERMS & CONDITIONS:
December 1, 2017
(www.dgs.ca.gov/-/media/Divisions/PD/Acquisitions/
CMAS/Non-IT-Services-CMAS-Terms-and-Conditions
.ashx?la=en&hash=92AA280E48541FC0C20C59E569
DE3473ADF8D3C9)
MAXIMUM ORDER LIMIT:
State Agencies: See Purchasing Authority
Dollar Threshold provision
Local Government Agencies: Unlimited
FOR USE BY: State & Local Government Agencies
BASE SCHEDULE #: GS-00F-224CA
BASE SCHEDULE HOLDER: Deltha Corporation
This CMAS provides for the purchase and warranty of business administrative (non-IT) consulting services. (See page 2 for the specific labor categories and restrictions applicable to this CMAS.) The information technology services offered can only be provided where they are incidental to and in support of the business solutions developed.
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 shall incorporate these Ordering Instructions and Special Provisions and CMAS Terms and Conditions.
Agency non-compliance with the requirements may result in the loss of delegated authority to use the CMAS program.
CMAS contractor non-compliance with the requirements may result in termination.
Effective Date: 11/23/2020
Original Signature on File
ANDREW REEL, Program Analyst, California Multiple Award Schedules Unit
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
THE LE FLORE GROUP
CMAS NO. 4-20-03-04616C
July 24, 2020 Ordering Instructions and Special Provisions 2
CMAS PRODUCT & SERVICE CODES
Product & Service Codes listed below are for marketing purposes only. Review the base schedule for the products and/or services available.
Bus Consult-Org Assessment
Bus Consult-Program Develop
Bus Consult-Program Implement
Bus Consult-Project Mgmt
Bus Consult-Strategic Planning
Bus Srvc-Procurement Support
Bus Srvc-Training Develop
AVAILABLE PRODUCTS AND/OR SERVICES
Only the following job titles are available within the scope of this CMAS:
Executive Consultant
Project Manager
Senior Consultant / Technical Expert
Administrative Assistant
You may verify the following current information about the job titles available in the base schedule at the GSA eLibrary (www.gsaelibrary.gsa.gov):
• Description of the functional requirements
• Minimum education and experience requirements
• Maximum pricing allowed (lower pricing acceptable)
EXCLUDED PRODUCTS AND/OR SERVICES
Financial Services and Order-Level Materials are not available under this CMAS.
ISSUE PURCHASE ORDER TO
Agency purchase orders must be either mailed or emailed to the following:
The Le Flore Group
8015 Ocean View Avenue
Whittier, CA 90602
Attn: Rudy Le Flore
E-mail: [email protected]
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
THE LE FLORE GROUP
CMAS NO. 4-20-03-04616C
July 24, 2020 Ordering Instructions and Special Provisions 3 Agencies with questions regarding products and/or services may contact the CMAS contractor as follows:
Contact: Rudy Le Flore
Phone: (562) 696-6996
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. See next paragraph for information.
The Franchise Tax Board’s list of Top 500 Delinquent Taxpayers is available at
www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/index.html.
The California Department of Tax and Fee Administration’s list of Top 500 Sales & Use Tax Delinquencies in California is available at www.cdtfa.ca.gov/taxes-and-fees/top500.htm.
CMAS PRICES
The maximum prices allowed for the products and/or services available are those set forth in the base schedule.
The ordering agency is encouraged to seek prices lower than those in the base schedule. When responding to an agency’s Request for Offer (RFO), the CMAS contractor can offer lower prices to be competitive.
PRICE DISCOUNTS
This CMAS contains prompt payment discounts. See the base schedule for the specific percent of discount.
APPROVAL OF ORDERS FOR NON-IT SERVICES
1. State agencies entering into CMAS contracts for non-Information Technology services exceeding $50,000 must forward their purchase order package to the CMAS Unit for review and approval prior to issuing the purchase order.
2. State agencies entering into more than one CMAS contract for non-Information Technology consulting services with the same CMAS contractor within a 12-month period for an aggregate amount of $12,500 or more must have each contract approved by the CMAS Unit in compliance with Public Contract Code (PCC) § 10371.
For either of these situations, see the provision in this CMAS entitled “Consulting or Personal Services” for a listing of the documents needed and the address where they must be sent.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
THE LE FLORE GROUP
CMAS NO. 4-20-03-04616C
July 24, 2020 Ordering Instructions and Special Provisions 4
DARFUR CONTRACTING ACT
This CMAS contractor has certified compliance to the Darfur Contracting Act, per Public Contract Code (PCC) § 10475, et seq. It is the agency’s responsibility to verify that the contractor has a Darfur Contracting Act Certification on file.
CALIFORNIA CIVIL RIGHTS LAW CERTIFICATION
Pursuant to Public Contract Code section 2010, effective January 1, 2017, applicants must certify their compliance with the California Civil Rights laws and Employer Discriminatory Policies (section 51 of the Civil Code, section 12960 of the Government Code). It is the agency’s responsibility to verify that the contractor has a California Civil Rights Law Certification on file.
WARRANTY
For warranties, see the base schedule, the CMAS Terms and Conditions, General Provisions, and CMAS Warranty.
CMAS contractor personnel shall have the experience, education and expertise as delineated in the base schedule.
DELIVERY
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) Destination. Seller pays the freight charges.
PURCHASING AUTHORITY DOLLAR THRESHOLD
Order limits for the purchase of goods and/or services is determined by the individual agency purchasing authority threshold.
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 the List of State Departments with Approved Purchasing Authority
website (www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List- Folder/List-of-State-Departments-with-Approved-Purchasing-Authority).
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
THE LE FLORE GROUP
CMAS NO. 4-20-03-04616C
July 24, 2020 Ordering Instructions and Special Provisions 5
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 FISCal, Chapter 5 (FISCal):
• 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
on the CMAS website
(www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion- List/Acquisitions/California-Multiple-Award-Schedules) and 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 (Standard 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 FISCal, 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.
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
There is no minimum dollar value limitation on orders placed under this CMAS.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
THE LE FLORE GROUP
CMAS NO. 4-20-03-04616C
July 24, 2020 Ordering Instructions and Special Provisions 6
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:
Standard 65 Purchase Documents – State departments not transacting in FISCal must use the Purchasing Authority Purchase Order (Standard 65) for purchase execution. An electronic version of the
Standard 65 is available at the DGS-PD website
(www.dgsapps.dgs.ca.gov/osp/StatewideFormsWeb/Forms.aspx), select Standard STD Forms.
FISCAL Purchase Documents – State departments transacting in FISCal will follow the FISCal 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).
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
THE LE FLORE GROUP
CMAS NO. 4-20-03-04616C
July 24, 2020 Ordering Instructions and Special Provisions 7
3. Multiple CMAS Agreements on a Single Purchase Order
Agencies wishing to include multiple CMAS agreements on a single FISCal 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 Standard 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 agreements. 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 FISCal, Chapter 5.A4.0 provides the following direction regarding amendments to all types of LPA 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.
Amendments unique to non-IT services are covered in the SCM, Volume 2, Chapter 6.B2.9 and SCM, Volume FISCal, 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). Only a contract may be amended once under this exemption. 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.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
THE LE FLORE GROUP
CMAS NO. 4-20-03-04616C
July 24, 2020 Ordering Instructions and Special Provisions 8
CMAS CONTRACTOR OWNERSHIP INFORMATION
The CMAS contractor 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.
CMAS Small Business and Disabled Veteran Partners lists (www.dgs.ca.gov/PD/About/Page-
Content/PD-Branch-Intro-Accordion-List/Acquisitions/California-Multiple-Award-Schedules) can be found on the CMAS website by selecting “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: www.dgs.ca.gov/OFS/Price-Book.
SMALL BUSINESS/DVBE - TRACKING
State agencies are able to claim subcontracting dollars towards their SB or DVBE goals whenever the CMAS contractor subcontracts a commercially useful function to a certified SB or DVBE. The CMAS contractor will provide the ordering agency with the name of the SB or DVBE used and the dollar amount the ordering agency can apply towards its SB or DVBE goal.
SMALL BUSINESS/DVBE - SUBCONTRACTING
1. The amount an ordering agency can claim towards achieving its SB or DVBE goals is the dollar amount of the subcontract award made by the CMAS contractor to each SB 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 SB or DVBE goal, as follows:
i. 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 ii. Include the SB or DVBE certification number of each company listed, and attach a copy of each certification; and
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
THE LE FLORE GROUP
CMAS NO. 4-20-03-04616C
July 24, 2020 Ordering Instructions and Special Provisions 9 iii. Indicate the dollar amount of each subcontract with a SB or DVBE that may be claimed by the ordering agency towards the SB or DVBE goal; and iv. Indicate what commercially useful function the SB 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.
CONSULTING OR PERSONAL SERVICES
To ensure sufficient expertise for all consulting or personal services, prior to issuing an order, the agency is required to review the resumes of all personnel the CMAS contractor intends to use to fulfill the order. Each agency is responsible for verifying that contractor personnel meet any education or experience requirements listed in the base schedule.
Each order should contain, as a minimum, a description of the task, a statement of the contractor’s responsibilities, completion criteria, a list of deliverable items (if any), the estimated starting date, the scheduled completion date, and a fixed cost for each task.
The aggregate of the fixed costs for all tasks constitutes the fixed price ceiling for all tasks described.
1. Progress Payments
For a Non-IT service CMAS, see the CMAS Non-IT Services Terms and Conditions, Provision #41, Progress Payments.
2. Outsourcing Services
Careful analysis must be given by State agencies to using contracted personnel rather than using civil service positions within State government.
Government Code (GC) § 19130(c) requires that all persons who provide services to the State under conditions that constitute an employment relationship shall, unless exempted by Article VII (Section 4) of the California Constitution, be retained under an appropriate civil service appointment.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
THE LE FLORE GROUP
CMAS NO. 4-20-03-04616C
July 24, 2020 Ordering Instructions and Special Provisions 10 Issuing a CMAS purchase order for services to an independent contractor is permissible when any of the following conditions set forth in Government Code (GC) §19130(b) can be met:
• Exempt under Constitution
• New State function and legislative authority
• Service not available; highly specialized or
• Technical
• Incidental to the purchase or lease
• Conflict of interest; need unbiased findings
• Emergency appointment
• Private counsel, with Attorney General (AG) approval and Governor’s Office, if applicable • Contractor will provide deliverables that are not feasible for the State to provide • Training when civil service is not available
• Urgent, temporary, or occasional services when civil service delay would frustrate the purpose (see Option 2)
When justified as outlined above, personal services must fall under one of the two following options:
Option 1. CMAS orders for personal services such as project management, independent verification and validation, systems analysis and design, and miscellaneous services are not limited to the number of hours or months per year that a consultant can work if the services contracted for are not available within civil service, cannot be performed satisfactorily by civil service employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available through the civil service system (Government Code (GC) § 19130.b (3)).
Option 2. CMAS personal services orders for programmers, systems analysts, and technical specialists which are of an urgent, temporary, or occasional nature, such that hiring additional civil service positions is not feasible, are limited to nine months (1548 hours) per consultant within a twelve consecutive month period (Government Code (GC) § 19130.b (10)/California State Constitution, Article VII, Section 5).
This provision is per agency and is inclusive of orders issued on your behalf by another agency.
Contractors must wait three months from CMAS order termination/expiration before submitting the candidate’s resume for work at the same agency/department.
For both options above, the contractor may conduct training courses for which appropriately qualified civil service instructors are not available, provided that permanent instructor positions in academies or similar settings shall be filled through civil service appointment (Government Code (GC) § 19130.b (9)).
For each order, the agency must prepare and retain in their file a written justification that includes specific and detailed factual information that demonstrates that the contract meets one or more of the conditions set forth in Government Code (GC) § 19130(b).
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
THE LE FLORE GROUP
CMAS NO. 4-20-03-04616C
July 24, 2020 Ordering Instructions and Special Provisions 11
3. State Personnel Board Requirements
State Personnel Board (SPB) approval is required for a purchase order based on cost savings to the State as justification for not using civil service personnel.
4. Statement of Work
A Statement of Work (SOW) must be prepared as applicable for each purchase order.
Information regarding the preparation of a SOW is available at the CMAS website (www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion- List/Acquisitions/California-Multiple-Award-Schedules), select “Statement of Work Information”, Agencies are strongly encouraged to use this information when developing SOW requirements that will accompany the Request for Offer and the resulting purchase order.
5. Follow-on Contracts Are Prohibited
No person, firm, or subsidiary thereof who has been awarded a purchase order for consulting services, or a purchase order that includes a consulting component, may be awarded a purchase order for the provision of services, delivery of goods or supplies, or any other related action which is required, suggested, or otherwise deemed appropriate as an end product of the purchase order (Public Contract Code (PCC) § 10365.5).
Therefore, any consultant who develops a program study or provides formal recommendations is precluded from providing any work recommended in the program study or the formal recommendation.
6. Approval of CMAS Orders for Non-IT Services
State agencies (not local governments) must send all CMAS orders for non-Information Technology services exceeding $50,000 to the CMAS unit for approval.
Also, State agencies entering into more than one CMAS contract for non-Information Technology consulting services with the same CMAS contractor within a 12-month period for an aggregate amount of $12,500 or more must have each contract approved by the CMAS unit.
For either of these situations, the following documents must be sent to the CMAS unit for review and approval prior to sending the order to the CMAS contractor:
• Signed purchase order document
• Signed Summary Agreement (Standard 215)
• Copy of Request for Offer (RFO)
• Listing of all CMAS contractors solicited
• Copies of all supplier’s responses to the RFO
• Complete copy of awarded supplier’s CMAS
• Copy of assessment and selection documents
• Certification for public relations services valued at $100,000 or more (SAM MM 12-07)
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
THE LE FLORE GROUP
CMAS NO. 4-20-03-04616C
July 24, 2020 Ordering Instructions and Special Provisions 12 Send the purchase order documents to:
Department of General Services
Procurement Division
707 Third Street, 2nd Floor, MS 2-202
West Sacramento, CA 95605
Attn: CMAS Unit - PO Approval
Contractors must not accept purchase orders for non-IT services that exceed $50,000 unless they include the required approval stamp from DGS.
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 supplement is not required for updates and/or changes once the update and/or change becomes effective for the base schedule, except as follows:
• A CMAS supplement 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 supplement 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.
SELF-DELETING BASE SCHEDULE TERMS AND CONDITIONS
Instructions, or terms and conditions that appear in the Special Items or other provisions of the base schedule and apply to the purchase, license, or rental (as applicable) of products or services by the US Government in the United States, and/or to any overseas location shall be self-deleting. (Example: "Examinations of Records" provision).
Federal regulations and standards, such as Federal Acquisition Regulation (F A R), Federal Information Resources Management Regulation (F I R M R), Federal Information Processing Standards (FIPS), General Services Administration Regulation (GSAR), or Federal Installment Payment Agreement (FIPA) shall be self-deleting. Federal blanket orders and small order procedures are not applicable.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
THE LE FLORE GROUP
CMAS NO. 4-20-03-04616C
July 24, 2020 Ordering Instructions and Special Provisions 13
ORDER OF PRECEDENCE
The CMAS Terms and Conditions takes precedence if there is a conflict between the terms and conditions of the contractor's base schedule, 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
This CMAS contains prompt payment discounts. See the base GSA schedule for the specific percent of discount
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 (1) the date of acceptance of goods or performance of services; or (2) receipt of an undisputed invoice, whichever is later.
2. Payee Data Record (Standard 204)
State Agencies not transacting in FISCal, must obtain a copy of the Payee Data Record (Standard 204) in order to process payments. State Ordering Agencies forward a copy of the Standard 204 to their accounting offices. Without the Standard 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 (www.dgs.ca.gov/OFS/Price-Book).
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
THE LE FLORE GROUP
CMAS NO. 4-20-03-04616C
July 24, 2020 Ordering Instructions and Special Provisions 14 Orders from Local Government Agencies:
CMAS contractors, who are not California certified small businesses, are required to remit to DGS an incentive fee equal to a percentage of the total of all local government agency orders (excluding sales tax and freight) placed against their CMAS. The incentive fee is in lieu of local government agencies being billed the referenced DGS administrative fee.
See the current incentive fees in the DGS Price Book.
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.
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.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
THE LE FLORE GROUP
CMAS NO. 4-20-03-04616C
July 24, 2020 Ordering Instructions and Special Provisions 15
6. Credit Card
The CMAS contractor does not accept the State of California credit card (CAL-Card).
7. 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 SMart and/or Lease SMart). 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 SMart Administrator, Kris Bianchini via e-mail 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
P
O Box 989052, MS #2-202
West Sacramento, CA 95798-9 0 5 2
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 the CMAS website (www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Acquisitions/California- Multiple-Award-Schedules) and then select “File a CMAS Quarterly Report”.
Important things to remember regarding CMAS Quarterly Business Activity Reports:
• 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.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
THE LE FLORE GROUP
CMAS NO. 4-20-03-04616C
July 24, 2020 Ordering Instructions and Special Provisions 16 • 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 must attach to their quarterly report a check covering the required incentive fee for all CMAS sales to local government agencies. • New CMAS agreements and supplements will be approved only if the CMAS contractor has submitted all required quarterly reports and incentive fees.
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
January 1 to March 31 Due April 15
Quarter 2 April 1 to June 30 Due July 15
Quarter 3 July 1 to September 30 Due October 15
Quarter 4 October 1 to December 31 Due January 15
CONTRACTOR QUARTERLY INCENTIVE FEES
CMAS contractors, who are not California certified small businesses, are required to remit to DGS an incentive fee equal to a percentage of the total of all local government agency orders (excluding sales tax and freight) placed against their CMAS. The incentive fee is in lieu of local government agencies being billed the referenced DGS administrative fee.
See the current incentive fees in the DGS Price Book
.
CMAS contractors cannot charge local government agencies an additional charge on a separate line item to cover the incentive fee. The CMAS contractor must include the incentive fee in the price of the products or services offered, and the line item prices must not exceed the applicable base schedule 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.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
THE LE FLORE GROUP
CMAS NO. 4-20-03-04616C
July 24, 2020 Ordering Instructions and Special Provisions 17
OBTAINING COPY OF ORIGINAL CMAS AND SUPPLEMENTS
A copy of a CMAS and supplements, if any, can be obtained at Cal eProcure (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.
• Base schedule 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 schedule rates. To streamline substantiation that the needed items are in the base schedule, the agencies should ask the CMAS contractor to identify the specific pages from the base schedule 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.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
THE LE FLORE GROUP
CMAS NO. 4-20-03-04616C
July 24, 2020 Ordering Instructions and Special Provisions 18
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.
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 provision for travel expense reimbursement is included.
It is important the agency and CMAS contractor discuss necessary travel requirements prior to issuing the purchase order because the detail and cost (only as allowed for in the CMAS) must be included in the agency purchase order to be payable.
State agencies may only reimburse travel and per diem expenses according to State travel time and per diem rules for State employees. All travel expenses must be incorporated into the purchase order. For the current travel and per diem reimbursement rates, go to the California
Department of Human Resources’ website (www.calhr.ca.gov).
Notwithstanding the CMAS provisions, the State will not be responsible for the cost of travel to bring contractor personnel from out-of-state to the job site (unless specifically arranged by agency in advance). If requested by the agency, the State will be responsible for reimbursement of travel expenses from one California agency site to another.
State agencies should refer to State Administrative Manual (SAM) § 0774 “Travel and Related Reimbursement of Persons Not State Employees”, when transportation and per diem costs are to be reimbursed by the State. Reimbursement must be supported by receipts.
Local government agencies will pay travel and per diem expenses according to their statutory requirements.
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.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
THE LE FLORE GROUP
CMAS NO. 4-20-03-04616C
July 24, 2020 Ordering Instructions and Special Provisions 19
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 self-compliance 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 95605-2 8 1 1
Phone # (916) 375-4365
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
THE LE FLORE GROUP
CMAS NO. 4-20-03-04616C
July 24, 2020 Ordering Instructions and Special Provisions 20
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