DGS CALIFORNIA DEPARTMENT OF
GENERAL SERVICES Governor Gavin Newsom
April 30, 2019
Ali Bemanian
Pacific Play Systems, Inc.
3288 Grey Hawk Court
Carlsbad, CA 92010
Subject: PACIFIC PLAY SYSTEMS, INC's California Multiple Award Schedule (CMAS) CMAS Number: 4-19-78-0095A
CMAS Term Dates: April 30, 2019 through June 30, 2023
Base GSA Schedule No.: GS-03F-0076U
The State of California is pleased to accept your firm's offer to establish a California Multiple Award Schedule (CMAS), which we have assigned the CMAS number and term dates identified above. This CMAS number must be shown on each invoice rendered. Additionally, this letter shall not be construed as a commitment to purchase any or all of the State's requirements from your firm. Prior approval is required from the State for all news releases regarding this CMAS.
It is your firm's responsibility to furnish, upon request, a copy of this CMAS to State and local government agencies. A copy of this CMAS can be obtained at caleprocure.ca.gov. A complete CMAS consists of the following: 1) CMAS cover pages (which includes the signature page, ordering instructions and special provisions, and any attachments or exhibits as prepared by the CMAS Unit), 2) CMAS terms and conditions, 3) Federal GSA (or Non-GSA) terms and conditions, and 4) product/service listing and prices. The CMAS Unit strongly recommends that government agencies place orders with CMAS contractors who provide ALL of the elements described above.
To manage this CMAS, contractors are directed to the "CMAS Management and Information Guide", which can accessed at https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion- List/Acquisitions/California-Multiple-Award-Schedules. This guide covers topics such as CMAS Quarterly Reports, amendments, extensions, renewals, CAS contractor's change in contact information, company name change requests, and marketing your CMAS.
It is the CMAS contractor's responsibility to submit on a timely basis detailed CMAS Quarterly Reports (along with any applicable incentive fees).
THE NEXT QUARTERLY REPORT DUE FOR THIS CMAS IS Q2-2019 (APR-JUN) DUE BY JUL 15, 2019.
The "Approved CMAS Contractor" logo is only available to CAS holders for display at conferences or on other marketing material. A login and password is required to download the logo. https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Apply-for- a-California-Multiple-Award-Schedules, then select "Apply to become a CMAS supplier"; click on "CMAS Logos" under the heading "Resources". At the prompt, enter the login: "massupplier" and the password:
"cmas010194".
Should you have any questions regarding this CMAS, please contact me at (916) 375-4554. Thank you for your continued cooperation and support of the CMAS Program. darwick
JANNA WELK, Program Analyst
California Multiple Award Schedules Unit
PROCUREMENT DIVISION | State of California | Government Operations Agency 707 Third Street, 2nd Floor | West Sacramento, CA 95605 | /916.375.4365 f 916.375.4663 Procurement Division
DGS GENERAL SERVIC 707 Third Street, 2nd Floor, MS #2-202 GENERAL SERVICES 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
State Agencies: See Purchasing
MAXIMUM ORDER LIMIT: 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.
aNik Effective Date: 4/30/2019
JANNA WELK, Program Analyst, California Multiple Award Schedules Unit
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
PACIFIC PLAY SYSTEMS, INC.
CMAS NO. 4-19-78-0095A
CMAS contractor non-compliance with the requirements of this CMAS may result in termination of the CMAS.
CMAS PRODUCT & SERVICE CODES TOP 500 DELINQUENT TAXPAYERS The CMAS Product & Service Codes listed below are for 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
Outdoor-Benches not appear on either list of the 500 largest tax Outdoor-Bike Stand delinquencies pursuant to Section 7063 or 19195 of the Outdoor-Picnic Table Revenue and Taxation Code.
Outdoor-Waste Receptacle
Playground-Equip The Franchise Tax Board's list is available at Playground-Equip Shade www.ftb.ca.gov/aboutftb/delinquent-taxpayers.shtml.
Playground-Surface Rubberizer
Recreational-Exercise/Fitness The California Department of Tax and Fee Administration's list available at
AVAILABLE PRODUCTS AND/OR SERVICES www.cdtfa.ca.gov/taxes-and-fees/top500.htm.
Only products from the manufacturers) listed below are CALIFORNIA SELLER'S PERMIT available within the scope of this CMAS:
Pacific Play Systems, Inc.'s California Seller's Permit No.
Playcraft Systems is 101713354. Prior to placing an order with this company, agencies must verify that this permit is still valid The ordering agency must verify all products and/or at the following website: cdtfa.ca.gov/. services are currently available on the base GSA
schedule at the GSA eLibrary. Access the GSA eLibrary CMAS PRICES at www.gsaelibrary.gsa.gov.
The maximum prices allowed for the products and/or
CMAS BASE CONTRACT services available in this CMAS are those set forth in the base contract identified on page 2 of this CMAS.
This CMAS is based on some or all of the products
and/or services and prices from GSA Schedule No. The ordering agency is encouraged to seek prices lower GS-03F-0076U (KRAUSS CRAFT, INC.) with a GSA than those on this CMAS. When responding to an term of 6/1/2018 through 6/30/2023. agency's Request for Offer (RFO), the CMAS contractor can offer lower prices to be competitive.
Replace "Krauss Craft, Inc." with "Pacific Play
Systems, Inc." where "Krauss Craft, DARFUR CONTRACTING ACT referenced in the federal GSA multiple award
Contract Terms and Conditions. This CMAS contractor has certified compliance to the Darfur Contracting Act, per Public Contract Code (PCC)
ISSUE PURCHASE ORDER TO § 10475, et seq.
Agency purchase orders must be either mailed, faxed, or WARRANTY emailed to the following:
For warranties, see the federal GSA schedule and the
Pacific Play Systems, Inc CMAS Terms and Conditions, General Provisions, CMAS 3288 Grey Hawk Court Warranty.
Carlsbad, CA 92010
Attn: Ali Bemanian DELIVERY
E-mail: [email protected] (760) 599-7385
Agencies with questions regarding products and/o contract. services may contact the CMAS contractor as follows
SHIPPING INSTRUCTIONS
Coote: A60) 590-030 (760) 599-7355 F.O.B. (Free On Board) Origin. Buying agency pays the E-mall: [email protected] freight charges.
Ordering Instructions and Special Provisions
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
PACIFIC PLAY SYSTEMS, INC.
CMAS NO. 4-19-78-0095A
State agencies (not local governments) must follow Non-Information Technology Commodities:
the instructions below whenever the weight of the $100,000 purchase is 100-lbs or more and F.O.B. Destination,
Freight Prepaid is not used. No CMAS order may be executed by a State agency that exceeds that agency's purchasing authority threshold.
All shipments will be made by ground transportation State agencies with approved purchasing authority, along unless otherwise ordered on the purchase order. with their dollar thresholds can be obtained at:
https://www.dgs.ca.gov/PD/Resources/Page-
Before placing order, contact the DGS Transportation Content/Procurement-Division-Resources-List- Management (916) 376-1888 to determine the routing of Folder/List-of-State-Departments-with-Approved- freight shipments. You will need to provide Purchasing-Authority.
Transportation Management with the point of origin and
destination. They will also want to know the commodity HOW TO USE CMAS being shipped and the estimated shipping weight of the
order. If shipping overnight, the account number must be Agencies must adhere to the detailed requirements in the included. State Contracting Manual (SCM) when using CMAS. The requirements for the following bullets are in the SCM,
Routing information should be shown on the face of the Volume 2, Chapter 6 (for non-IT), the SCM, Volume 3, purchase order in the format shown below. Chapter 6 (for IT), and the SCM, Volume FI$Cal, Chapter 5 (FI$Cal):
Shipping Instructions:
• Develop a Request for Offer, which includes a
Supplier route via: _ Scope of Work (SOW), and Bidder Declaration Carrier's telephone number: form. For information on the Bidder Declaration requirements, see the SCM, Volume 2, Section
Annotate bill(s) of lading as follows: 3.5.7 and Volume 3, Section 3.4.7.
Search for potential CMAS contractors at
"Freight for account of State of Califomia. Tender https://www.dgs.ca.gov/PD/About/Page- Number: applies. State of Content/PD-Branch-Intro-Accordion- California Purchase Order Number: SHIP List/Acquisitions/California-Multiple-Award- FREIGHT COLLECT." Estimated Freight charges: Schedules, select "Find a CMAS Contractor." • Solicit offers from a minimum of 3 CMAS
contractors including one small business and/or
If supplier is unable to use this carrier, call Transportation DVBE, if available, who are authorized to sell the Management at (916) 376-1888. products and/or services needed. • If soliciting offers from a certified DVBE, include the The following statement must be noted on the Disabled Veteran Business Enterprise Declarations purchase order when the commodities are being form (Std. 843) in the Request for Offer. This shipped via UPS (United Parcel Service) and the declaration must be completed and returned by the State is paying directly to UPS (Collect). DVBE prime contractor and/or any DVBE subcontractors. (See the SCM Volumes 2, 3, and
Shipping Instructions: FI$Cal, Chapter 3).
• This is not a bid transaction, so the small business
Supplier route via United Parcel Service (ground). preference, DVBE incentives, protest language, State California, Department of intents to award, evaluation criteria, advertising, UPS account number applies. etc., are not applicable.
State California Purchase Order Number
SHIP COLLECT. Estimated UPS • If less than 3 offers are received, State agencies charges: must document their file with the reasons why the other suppliers solicited did not respond with an
offer.
If supplier is unable to use UPS, call Transportation • Assess the offers received using best value Management at (916) 376-1888.
methodology, with cost as one of the criteria.
CMAS Contractor Note: Additional shipping costs • Issue a Purchase Order to the selected CMAS contractor.
incurred by deviation to above shipping instructions,
without Transportation Management approval, shall be • For CMAS transactions under $10,000, only one charged to the CMAS contractor. offer is required if the State agency can establish and document that the price is fair and reasonable.
PURCHASING AUTHORITY DOLLAR THRESHOLD The fair and reasonable method can only be used for non-customizable purchases.
Unless otherwise determined by in individual ordering
agency purchasing authority, order limits for the purchase Local governments set their own order limits, and are not of goods and/or services is: bound by the order limits on the cover page of this CMAS.
Ordering Instructions and Special Provisions 3
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
PACIFIC PLAY SYSTEMS, INC.
CMAS NO. 4-19-78-0095A
SPLITTING ORDERS 2. Service and Delivery after CMAS Expiration Splitting orders to avoid any monetary limitations is The purchase order must be issued before the prohibited. CMAS expires. However, delivery of the products o completion of the services may be after the CMAS
Do not circumvent normal procurement methods by expires (unless otherwise specifically stated in the plitting purchases into a series of delegated purchasi
orders, per Public Contract Code (PCC) § 10329
3. Multiple CMAS Agreements on a Single
Splitting a project into small projects to avoid either fiscal Purchase Order r procedural controls prohibited, per State
Administrative Manual (SAM) § 4819.34 Agencies wishing to include multiple CMAS(s) on a single FI$Cal purchase order must adhere to the
MINIMUM ORDER LIMITATION following guidelines:
The minimum dollar value of an order to be issued under • All CMAS must be for the same CMAS contractor. this CMAS is $100. The purchase order must go to one contractor location.
ORDERING PROCEDURES • Write the word "CMAS" in the space usually reserved for the contract number. On Std. 65's, this
1. Purchase Orders is at the top of the form. The word "CMAS" signifies that the purchase order contains items from multiple
All Ordering Agency purchase order documents CMAS agreements. The purchasing agency may executed under this CMAS must contain the only use one bill code. applicable CMAS number as show on page 1. • For each individual CMAS (as differentiated by alpha suffix, the agency must identify and group
1. State Departments: together the CMAS number with the line items and subtotal per CMAS number (do not include tax in the
Std. 65 Purchase Documents - State subtotal), and sequentially identify each individual departments not transacting in FI$Cal must use CMAS as Sub #1, Sub #2, Sub #3, etc. This the Purchasing Authority Purchase Order (Std. facllitates accurate billing of administrative fees by 65) for purchase execution. An electronic the Procurement Division. version of the Std. 65 is available at the DGS- • The total of all items on the purchase order must PD website at not exceed the purchase order limit identified in the https://www.dgsapps.dgs.ca.gov/osp/Statewide CMAS.
FormsWeb/Forms.aspx (select Standard STD • Do not combine items from both non-IT and Forms). Information Technology CMAS(s). A non-IT CMAS
begin with the number "4" and an Information
FISCal Purchase Documents State Technology CMAS begins with the number "3." The departments transacting in FI$Cal will follow the purchase order limits are different for these two FISCal procurement contracting types of CMAS agreements. procedures.
4. Amendments to Agency's Purchase Orders
2. Local Governmental Departments:
Agency purchase orders cannot be amended if the
Local governmental agencies may use their own CMAS has expired. purchase document for purchase execution.
The SCM, Volumes 2 & 3, Chapter 6.A5.0 and SCM,
The agency is required to complete and distribute Volume FI$Cal, Chapter 5.A4.0 provides the the purchase order. For services, the agency shall following direction regarding amendments to all modify the information contained on the order to types of CMAS purchase orders:
include the service period (start and end date), and
the monthly cost (or other intermittent cost), and any Original orders, which include options for changes ther information pertinent to the services being (e.g., quantity or time), that were evaluated and he cost for each line item should be considered in the selection for award during the included in the order, not just system totals. RFO process, may be amended consistent with the terms of the original order, provided that the
The contractor must immediately reject purchase original order allowed for amendments. If the orders that are not accurate. Discrepancies are to original order did not evaluate options, then be negotiated and incorporated into the purchase amendments are not allowed unless an NCB is order prior to the products and services being approved for those amendments. delivered.
Ordering Instructions and Special Provisions
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
PACIFIC PLAY SYSTEMS, INC.
CMAS NO. 4-19-78-0095A
Amendments unique to non-IT services are covered SMALL BUSINESS/DVBE - SUBCONTRACTING in the SCM, Volume 2, Chapter 6.B2.9 and SCM,
Volume FI$Cal, Chapter 5.A4.1 as follows: 1. The amount an ordering agency can claim towards achieving its small business or DVBE goals is the
if the original contract permitted amendments, but dollar amount of the subcontract award made by the did not specify the changes (e.g., quantity or CMAS contractor to each small business or DVBE. time), it may be amended, per Public Contract
Code (PCC) § 10335 (d)(1). This only applies to 2. The CMAS contractor will provide an ordering the first amendment. The time shall not exceed agency with the following information at the time the one year, or add not more than 30% of the original order is quoted:
order value and may not exceed $250,000. If the
original contract did not have language permitting a. The CMAS contractor will state that, as the prime amendments, the NCB process must be followed. contractor, it shall be responsible for the overall execution of the fulfillment of the order.
Also, see the SCM, Volumes 2 & 3, Chapter 8, Topic
6, for more information on amending purchase b. The CMAS contractor will indicate to the ordering orders. agency how the order meets the small business
or DVBE goal, as follows:
CMAS CONTRACTOR OWNERSHIP INFORMATION
• List the name of each company that is certifled by
Pacific Play Systems, Inc. is a large business enterprise. the Office of Small Business and DVBE Services that it intends to subcontract a commercially
SMALL BUSINESS MUST BE CONSIDERED useful function to; and • Include the small business or DVBE certification
Prior to placing orders under the CMAS program, State number of each company listed, and attach a agencies shall whenever practicable first consider offers copy of each certification; and from small businesses that have established CMAS • Indicate the dollar amount of each subcontract [Government Code (GC) § 14846(b)]. NOTE: The with a small business or DVBE that may be Department of General Services auditors will request claimed by the ordering agency towards the small substantiation of compliance with this requirement when business or DVBE goal; and agency files are reviewed • Indicate what commercially useful function the small business or DVBE subcontractor will be
The following website lists CMAS small business and providing towards fulfillment of the order.
Disabled Veteran Partners:
https://www.dgs.ca.gov/PD/About/Page-Content/PD- 3. The ordering agency's purchase order must be Branch-Intro-Accordion-List/Acquisitions/California-
addressed to the prime Contractor, and the purchase
Multiple-Award-Schedules then select "Find a CMAS
order must reference the information provided by the
Contractor". prime Contractor as outlined above.
In response to our commitment to increase participation NEW EQUIPMENT REQUIRED by small businesses, the Department of General Services waives the administrative fee (a fee currently charged The State will procure new equipment. All equipment to customer agencies to support the CMAS program) must be new or warranted as newly manufactured) and for orders to certified small business enterprises. the latest model in current production. Used, shopworn, See the current fees in the DGS Price Book at: demonstrator, prototype, or discontinued models are not https://www.dgs.ca.gov/OFS/Price-Book. acceptable.
SMALL BUSINESS/DVBE - TRACKING Where Federal Energy Management Program (FEMP) standards are available, all State agencies shall
State agencies are able to claim subcontracting dollars purchase only those products that meet towards their small business or DVBE goals whenever recommended standards. All products displaying the the CMAS contractor subcontracts a commercially useful Energy Star label meet the FEMP standards. function to a certified small business or DVBE. . The
CMAS contractor will provide the ordering agency with SPECIAL MANUFACTURED GOODS the name of the small business or DVBE used and the
dollar amount the ordering agency can apply towards its Any CMAS for goods to be manufactured by the CMAS small business or DVBE goal. contractor specifically for the State and not suitable for sale to others may require progress payments.
or Non-T goods CMAS, see the CMAS Non-
ommodities Terms and Conditions. Provision 6!
Progress Payments.
Ordering Instructions and Special Provisions 5
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
PACIFIC PLAY SYSTEMS, INC.
CMAS NO. 4-19-78-0095A
PRODUCT INSTALLATION NOTE: In accordance with Labor Code (LC) § 1773.2, the ordering agency is responsible for determining the
The CMAS contractor is fully responsible for all appropriate craft, classification or type of worker needed installation services performed under the CMAS. Product for any contract for public works. Also, the agency is to installations must be performed by manufacturer specify the applicable prevailing wage rates as authorized personnel manufacturer determined by the Director of the Department of Industrial documented specifications. Relations (DIR). In lieu of specifying the prevailing wage rates, the agency may include a statement on the order
The prime contractor, as well as any subcontractors, that the prevalling wage rates are on file at the agency's must hold any certifications and/or licenses required for office, and will be made available upon request. The the proiect. prevailing wage rates are available from the DIR at www.dir.ca.gov (select Statistics & Research) or (415)
TRADE-IN EQUIPMENT 703-4774.
Trade-ins at open market price may be considered. The Bonds: For guidelines, see CMAS, General Terms and product description and trade-in allowance must be Conditions, Public Works Requirements. identified on the purchase order.
State Contractor's License: Public works services can
Agencies are required to adhere to State Administrative be obtained through CMAS only if incidental to the overall Manual (SAM) § 3520 through 3520.6, Disposal of purchase order. If incidental public works services are Personal Property and Surplus Personal Property, as included in the purchase order, prior to issuing the order applicable, when trade-ins are considered. A Property agencies should contact the State Contractor's License Survey Report, Std. 152, must be submitted for approval Board at 1-800-321-2752 or at www.cslb.ca.gov to verify prior to disposition of any State-owned personal property, that the Contractor's License shown below is still active including general office furniture regardless of the and in good standing. acquisition value, or if the property was recorded or
capitalized for accounting purposes. Pacific Play Systems, Inc.'s California Contractor's License number is 957776. This is a Class 61 & D-34
PUBLIC WORKS (INSTALLATION SERVICES ONLY) license that is valid through 2/28/2021.
A public works contract is defined as an agreement for OPEN MARKET/INCIDENTAL, NON-SCHEDULE "the erection, construction, alteration, ITEMS
improvement of any public structure, building, road, or other public improvement of any kind" in accordance with The only time that open market/incidental, non-schedule the Public Contract Code (PCC) § 1101. State agencies items may be included in a CMAS order is when they fall planning these types of projects need to review the SCM, under the parameters of the Not Specifically Priced Volume 1, Chapters 10 and 11 for applicable guidelines (NSP) Items provision. If the NSP provision is not and regulations. Also, the Department of General included in the CMAS, or the products and/or services Services (DGS), Real Estate Services Division (RESD) required do not qualify under the parameters of the NSP can be contacted at (916) 376-1748, if you have provision, the products and/or services must be procured questions about these types of transactions. separate from CMAS.
Agency CMAS purchase orders may allow for public NOT SPECIFICALLY PRICED (NSP) ITEMS works installation only when it is incidental to the total purchase order amount. The total dollar value of all CMAS contractors must be authorized providers of the public works services included in the purchase order hardware, software and/or services they offer under the must not exceed the dollar value of the products. Not Specifically Priced (NSP) Items provision.
Agencies are to ensure that the applicable laws and Agency and CMAS contractor use of the NSP provision codes pertaining to the contractor and sub-contractor is subject to the following requirements:
licensing, prevailing wage rates, bonding, labor code
requirements, etc. are adhered to by the prime Purchase orders containing only NSP items are contractor as well as any sub-contractor during prohibited. performance under the CMAS purchase order.
2. A purchase order containing NSP items may be
The bond amount for public works is not less than one issued only if it results in the lowest overal hundred percent (100%) of the purchase order price. 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.
Ordering Instructions and Special Provisions 6
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
PACIFIC PLAY SYSTEMS, INC.
CMAS NO. 4-19-78-0095A
4. NSP Installation Services: The CMAS contractor is 5. Public Works components NOT incidental to the total fully responsible for all installation services purchase order amount. performed under the CMAS. Product installations
must be performed by manufacturer authorized 6. Products or services the CMAS contractor is NOT personnel and meet manufacturer documented
factor authorized or otherwise certified or trained to
specifications. The prime contractor, as well as any
subcontractors, must hold any certifications and/or
licenses required for the project. The total dollar 7. Follow-on consultant services that were previously value of all installation services included in the recommended or suggested by the same CMAS purchase order cannot exceed the dollar value of the contractor. products included in the purchase order, nor can
they exceed the NSP Maximum Order Limitation. The CMAS contractor is required to reject purchase orders containing NSP items that do not conform to the
5. Maximum Order Limitation: For orders $250,000, or above requirements. The CMAS contractor will promptly less, the total dollar value of all NSP items included notify the agency issuing the non-conforming order of its in a purchase order shall not exceed $5,000. For non-acceptance and the reasons for its non-acceptance. orders exceeding $250,000, and at the option of the
contractor, the total dollar value of all NSP items in a STATE AND LOCAL GOVERNMENTS CAN USE purchase order shall not exceed 5% of the total cost CMAS of the order, or $25,000 whichever is lower.
State and local government agency use of CMAS is
6. An NSP item included in an order issued against a optional. A local government is any city, county, city and CMAS is subject to all of the terms and conditions county, district, or other local governmental body or set forth in the contract. corporation, including UC, CSU, K-12 schools and community colleges empowered to expend public funds.
7. Trade-ins, upgrades, involving the swapping of While the State makes this CMAS available, each local boards, are permissible, where the contract makes government agency should make its own determination specific provisions for this action. In those instances whether the CMAS program is consistent with their where it is permitted, the purchase order must procurement policies and regulations. include the replacement item and a notation that the
purchase involves the swapping of a board. UPDATES AND/OR CHANGES The following NSP items ARE SPECIFICALLY A CMAS amendment is not required for updates and/or EXCLUDED from any order issued under this CMAS: changes once the update and/or change becomes effective for the federal GSA schedule, except as follows:
1. Items not intended for use in directly supporting the priced items included in the same order An NSP • A CMAS amendment is required when the CMAS is item must be subordinate to the specifically priced based on specific products and/or services from item that it is supporting. For example, a cable, another contractor's multiple award contract and the which is not otherwise specifically priced in the base contractor wants to add a new manufacturer's contract, is subordinate to a specifically priced products and/or services. printer or facsimile machine, and is eligible to be an • A CMAS amendment is required for new federal NSP item subject to that cable meeting the contract terms and conditions that constitute a remaining NSP requirements. However, a printer or material difference from existing contract terms and facsimile machine, which is not otherwise specifically conditions. A material change has a potentially priced in the base contract, is not subordinate to a significant effect on the delivery, quantity or quality specifically priced cable, and is not eligible to be an of items provided, the amount paid to the contractor or on the cost to the State.
2. Supply type items, except for the minimum amount A CMAS amendment is required to update and/or change necessary to provide initial support to the priced terms and conditions and/or products and services based items included in the same order. on a non-federal GSA multiple award contract.
3. Items that do not meet the Productive Use SELF-DELETING FEDERAL GSA TERMS AND Requirements for information technology products, CONDITIONS per the SCM, Volume 3, Chapter 2, Section 2.B6.2
and SCM, Volume Fi$Cal, Chapter 2, Section Instructions, or terms and conditions that appear in the
2.E3.2. Special Items or other provisions of the federal GSA and apply to the purchase, license, or rental (as applicable) of
4. Any other item or class of items specifically excluded products or services by the U.S. Government in the from the scope of this CMAS. United States, and/or to any overseas location shall be self-deleting. (Example: "Examinations of Records"
provision).
Ordering Instructions and Special Provisions
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
PACIFIC PLAY SYSTEMS, INC.
CMAS NO. 4-19-78-0095A
Federal regulations and standards, such as Federal 3. DGS Administrative and Incentive Fees (FAR), Federal Information
Resources Management Regulation (FIRMR), Federal Orders from State Agencies:
Processing Standards (FIPS),
Services Administration Regulation (GSAR), or Federal The Department of General Services (DGS) will bill Installment Payment Agreement (FIPA) shall be self- each State agency directly an administrative fee for Federal blanket orders and small order use of CMAS. The administrative fee should NOT procedures are not applicable. be included in the order total, nor remitted before an invoice is received from DGS. This administrative
ORDER OF PRECEDENCE fee is waived for CMAS purchase orders issued to California certified small businesses.
The CMAS Terms and Conditions takes precedence if
there is a conflict between the terms and conditions of the See the current administrative fees in the DGS Price contractor's federal GSA, (or other multiple award Book at: https://www.dgs.ca.gov/OFS/Price-Book. contract), packaging, invoices, catalogs, brochures,
technical data sheets or other documents (see CMAS Orders from Local Government Agencies:
Terms and Conditions, CONFLICT OF TERMS).
CMAS contractors, who are not California certified
APPLICABLE CODES, POLICIES AND GUIDELINES small businesses, are required to remit to the DGS an incentive fee equal to 1% of the total of all local
All California codes, policies, and guidelines are government agency orders (excluding sales tax and applicable. THE USE OF CMAS DOES NOT REDUCE freight) placed against their CMAS. This incentive OR RELIEVE STATE AGENCIES OF THEIR fee is in lieu of local government agencies being RESPONSIBILITY STATEWIDE billed the above referenced DGS administrative fee.
REQUIREMENTS REGARDING CONTRACTING OR
THE PROCUREMENT OF GOODS OR SERVICES. This incentive fee is waived for CMAS purchase Most procurement and contract codes, policies, and orders issued to California certified small guidelines are incorporated into CMAS agreements. businesses.
Nonetheless, there is no guarantee that every possible
requirement that pertains to all the different and unique The check covering this fee shall be made payable State processes has been included. to the Department of General Services, CMAS Unit, and mailed to the CMAS Unit along with the
PAYMENTS AND INVOICES applicable Quarterly Report. See the provision in this CMAS entitled "Contractor Quarterly Report
1. Payment Terms Process" for information on when and where to send these checks and reports.
Payment terms for this CMAS are net 45 days.
4. Contractor Invoices
Payment will be made in accordance with the
provisions of the California Prompt Payment Act, Unless otherwise stipulated, the CMAS contractor Government Code (GC) § 927 et. seg. Unless must send their invoices to the agency address set expressly exempted by statute, the Act requires Torth in the purchase order. Invoices shall be agencies submitted, submitted in triplicate and shall include the following:
undisputed invoices not more than 45 days after (i,
the date of acceptance of goods or performance of • CMAS number services; or (i) receipt of an undisputed invoice, • Agency purchase order number Agency Bill Code (State Only)
• Line item number
2. Payee Data Record (Std. 204) • Unit price
• Extended line item price
State Agencies not transacting in FI$Cal, must • Invoice total obtain a copy of the Payee Data Record (Std. 204)
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 orde
should contact the CMAS contractor for copies of the and invoice must match or the State Controller's Payee Data Record. Office will not approve payment.
Ordering Instructions and Special Provisions 8
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
PACIFIC PLAY SYSTEMS, INC.
CMAS NO. 4-19-78-0095A
5. Advance Payments CONTRACTOR QUARTERLY REPORT PROCESS Advance payment is allowed for services only under CMAS contractors are required to submit a detailed limited, narrowly defined circumstances, CMAS Business Activity Report on a quarterly basis to between specific departments and certain types of the CMAS Unit. See Attachment B for a copy of this form non-profit organizations, or when paying another and instructions. government agency (Government Code (GC) §
11256 - 11263 and 11019). This report shall be mailed to:
It is NOT acceptable to pay in advance, except Department of General Services software maintenance and license fees, which are Procurement Division - CMAS Unit considered a subscription and may be paid in Attention: Quarterly Report Processing advance if a provision addressing payment in PO Box 989052, MS #2-202 advance is included in the purchase order. West Sacramento, CA 95798-9052 Software warranty upgrades and extensions may Reports that include checks for incentive fees must be also be paid for in advance, one time. mailed and shall not be e-mailed. All other reports may be e-mailed to the attention of Quarterly Report
6. Credit Card Processing as follows:
Pacific Play Systems, Inc. does not accept the State CMAS Unit E-Mail: [email protected] of California credit card (CAL-Card).
For the full instructions on completing and submitting
7. Lease/Purchase Analysis CMAS Quarterly Business Activity Reports, and a soft copy of a blank quarterly report form, go to
State agencies must complete a Lease/Purchase https://www.dgs.ca.gov/PD/About/Page-Content/PD- Analysis (LPA) to determine best value when Branch-Intro-Accordion-List/Acquisitions/California- contemplating a lease/rental, and retain a copy for Multiple-Award-Schedules, and then select "File a CMAS future audit purposes (State Administrative Manual Quarterly Report". (SAM) § 3710).
Important things to remember regarding CMAS Quarterly
For short-term rental equipment, the lease/purchase Business Activity Reports (referred to as "reports" below):
analysis must be approved by the Department of
General Services, Office of legal Services. • A report is required for each CMAS, each quarter, even when no new purchase orders are received in
The lease/purchase analysis for all other purchases the quarter. must be approved by the Department of General • A separate report is required for each CMAS.
Services, GS $Mart State Financial Marketplace. • Each purchase order must be reported only Buyers may contact the GS $Mart™ Administrator, once in the quarter identified by the purchase Patrick Mullen by phone at (916) 375-4617 or via e- order date, regardless of when the services mail at [email protected] for further were performed, the products were delivered, information. the invoice was sent, or the payment was
received.
8. Leasing • Purchase orders from State and local government agencies must be separated on the report, as
The State reserves the right to select the form of shown in the instructions. payment for all procurements, be it either an outright • CMAS contractors must report the sales activity for purchase with payment rendered directly by the all resellers listed on their CMAS.
State, or a financing/lease-purchase or operating • Any report that does not follow the required format lease via the State Financial Marketplace (GS $Mart or excludes required information will be deemed and/or Lease $Mart). If payment is via the financial incomplete and returned to the CMAS contractor for marketplace, the Supplier will invoice the State and corrections. the State will approve the invoice and the selected
• Taxes and freight must not be included in the report.
Lender/Lessor for all product listed on the State's • CMAS contractors who are not California certified procurement document will pay the supplier on
behalf of the State. small businesses must attach to their quarterly report a check covering the required incentive fee
Buyers may contact the GS $Mart™ Administrator, for all CMAS sales to local government agencies (see more information below).
Patrick Mullen by phone at (916) 375-4617 or via e-
• New CMAS agreements, renewals, extensions, and
mail at [email protected] for further modifications will be approved only if the CMAS information.
contractor has submitted all required quarterly
reports and incentive fees.
• Ordering Instructions and Special Provisions
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
PACIFIC PLAY SYSTEMS, INC.
CMAS NO. 4-19-78-0095A
CMAS Quarterly Business Activity Reports are due in the It is important for the agency to confirm that the required CMAS Unit within two weeks after the end of each quarter products, services, and prices are included in the CMAS as shown below: and are at or below base contract rates. To streamline substantiation that the needed items are in the base
Quarter 1 Jan 1 to Mar 31 Due Apr 15 contract, the agencies should ask the CMAS contractor Quarter 2 Apr 1 to Jun 30 Due Jul 15 to identify the specific pages from the base contract that Quarter 3 Jul 1 to Sep 30 Due Oct 15 include the required products, services, and prices.
Quarter 4 Oct 1 to Dec 31 Due Jan 15 Agencies should save these pages for their file documentation.
CONTRACTOR QUARTERLY INCENTIVE FEES
CONTRACTORS ACTING AS FISCAL AGENTS ARE
CMAS contractors who are not California certified small PROHIBITED businesses must remit to DGS an incentive fee equal to
1% of the total of all local government agency orders When a subcontractor ultimately provides all of the (excluding sales tax and freight) placed against their products or performs all of the services that a CMAS CMAS agreements). This incentive fee is in lieu of local contractor has agreed to provide, and the prime government agencies being billed the above referenced contractor only handles the invoicing of expenditures, DGS administrative fee. then the prime contractor's role becomes that of a fiscal agent because it is merely administrative in nature, and CMAS contractors cannot charge local government does not provide a Commercially Useful Function (CUF). agencies an additional 1% charge on a separate line item It is unacceptable to use fiscal agents in this manner to cover the incentive fee. The CMAS contractor must because the agency is paying unnecessary include the 1% incentive fee in the price of the products administrative costs. or services offered, and the line item prices must not
exceed the applicable base contract prices. AGENCY RESPONSIBILITY Each agency is responsible for its own contracting
other local governmental body, including the California program and purchasing decisions, including use of the CMAS program and associated outcomes.
systems, K-12 public schools and community colleges
empowered to expend public funds. This responsibility includes, but is not necessarily limited to, ensuring the necessity of the services, securing
This incentive fee is waived for CMAS purchase orders appropriate funding, complying with laws and policies, issued to California certified small businesses. preparing the purchase order in a manner that safeguards the State's interests, obtaining required
The check covering this fee shall be made payable to the approvals, documenting compliance with Department of General Services, CMAS Unit, and mailed Government Code (GC) § 19130.b (3) for outsourcing to the CMAS Unit along with the applicable Quarterly services.
Report. See the provision in this CMAS entitled
"Contractor Quarterly Report Process" for information on It is the responsibility of each agency to consult as when and where to send these checks and reports. applicable with their legal staff and contracting offices for advice depending upon the scope or complexity of the
OBTAINING COPY OF ORIGINAL CMAS AND purchase order.
SUPPLEMENTS
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.
consists of the following:
CONFLICT OF INTEREST
Agencies must evaluate the proposed purchase order to
determine if there are any potential conflict of interes CMAS Unit) issues. See the CMAS Terms and Conditions, Conflict of • CMAS Terms and Conditions. Interest, for more information. • Federal GSA (or Non-GSA) terms and conditions
• Product/service listing and prices FEDERAL DEBARMENT
: Supplements, if applicane:
When federal funds are being expended, the agency is
equired to obtain (retain in file) a signed "Federa
Debarment" certification from the CMAS contracto
before the purchase order is issued.
Ordering Instructions and Special Provisions
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
PACIFIC PLAY SYSTEMS, INC.
CMAS NO. 4-19-78-0095A
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 VIl 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 VIl 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 95605-2811
Phone# (916) 375-4365
Ordering Instructions and Special Provisions 11
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
PACIFIC PLAY SYSTEMS, INC.
CMAS NO. 4-19-78-0095A
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
Ordering Instructions and Special Provisions 12
ATTACHMENT B
CMAS QUARTERLY BUSINESS ACTIVITY REPORT
Company Name: Reporting Calendar Year: _ Revision •
CMAS Number: Reporting Quarter: Q1 (Jan-Mar)
For Questions Regarding This Report Contact: Q2 (Apr-Jun) Name: Q3 (Jul-Sep)
Phone Number: Q4 (Oct-Dec)
E-mail: Check Here if No New Orders for This Quarter •
STATE AGENCY PURCHASES
State Agency Name Purchase Order Purchase Order Total Dollars Per Number Purchase Order Agency Contact Agency Address Phone Number Date
Total State Agency Dollars Reported for Quarter: $_
LOCAL GOVERNMENT AGENCY PURCHASES
Purchase Order Purchase Order Total Dollars Per
Local Government Agency Name Number Agency Contact Agency Address Phone Number Date Purchase Order
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: $ _ Updated 12/2017 13
ATTACHMENT B
CMAS QUARTERLY BUSINESS ACTIVITY REPORT
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.
Ordering Instructions and Special Provisions 14
GSPD-401 Non-IT Commodities-CMAS
CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS)
GENERAL PROVISIONS - NON-IT COMMODITIES
DEFINITIONS: The following terms shall be given the meaning COMPLIANCE WITH STATUTES AND REGULATIONS:
shown, unless context requires otherwise or a unique meaning is Contractor warrants and certifies that in the performance of otherwise specified. this Contract, It will comply with all applicable statutes, rules, "Business entity" means any individual. business, regulations and orders of the United States and the State of partnership, Joint venture, corporation, S-corporation, limited California and agrees to indemnify the State against any liability corporation, limited liability partnership, sole loss, cost, damage or lability by reason of Contractor's proprietorship, joint stock company, consortium, or other violation of this provision. private legal entity recognized by statute. b) If this Contract is in excess of $554,000, it is subject to the b) "Buyer" means the State's authorized Contracting official. requirements of the World Trade Organization (WTO) c) "Contract" means this Contract or agreement including any Government Procurement Agreement (GPA). purchase order), by whatever name known or in whatever
format used. 8. CONTRACTOR'S POWER AND AUTHORITY: The Contractor d) "Contractor" means the Business Entity with whom the warrants that it has full power and authority to grant the rights State enters into this Contract. Contractor shall be hereln granted and will hold the State harmless from and agalnst synonymous with "supplier", "vendor" or other similar term. any loss, cost, liability, and expense (including reasonable "Goods" (commoditles) means all types of tangible personal attorney fees) arising out of any breach of this warranty. Further, property, including but not limited to materials, supplies, and Contractor avers that it will not enter into any arrangement with equipment (Including computer equipment and any third party which might abridge any rights of the State under telecommunications).
f) "State" means the government of the State of Callfornia, its a) The State will notify Contractor of any such clalm in writing employees and authorized representatives, including without and tender the defense thereof within a reasonable time; and limitation any department, agency, or other unit of the b) Contractor will have sole control of the defense of any action government of the State of California. on such claim and all negotiations for its settlement or compromise; provided that (l) when substantial principles of
2. CONTRACT FORMATION: If this Contract results from a government or public law are involved, when litigation might Contract Offer, then Contractor's offer is deemed a firm offer and create precedent affecting future State operations or liability, this Contract document is the State's acceptance of that offer. or when involvement of the State is othewise mandated by law, the State may partielpate in such action at its own
3. COMPLETE INTEGRATION: This Contract, including any expense with respect to attorneys' fees and costs (but not documents incorporated herein by express reference, is intended liability; (ii) the State will have the right to approve or to be a complete integration and there are prior or disapprove any settlement or compromise, which approval contemporaneous different or additional agreements pertaining to will not unreasonably be withheld or delayed; and (il) the the subject matter of the Contract. State will reasonably cooperate in the defense and in any related settlement negotiations.
4. SEVERABILITY: The Contractor and the State agree that if any provision of this Contract Is found to be illegal or unenforceable, 9. CMAS - ASSIGNMENT: This Contract shall not be assignable such tem or provision shall be deemed stricken and the by the Contractor in whole or in part without the written consent of remainder of the Contract shall remain in full force and effect. the State. For the purpose of this paragraph, State will not Either party having knowledge of such term or provision shall unreasonably prohlbit Contractor from freely assigning its right to promptly inform the other of the presumed non-applicability of payment, provided that Contractor remains responsible for its such provislon.
5. INDEPENDENT CONTRACTOR: Contractor and the agents and Should the State desire financing of the assets provided employees of Contractor, in the performance of this Contract, hereunder through GS $Mart, the State's financial marketplace, shall act in an Independent capacity and not as officers or the Contractor agrees to assign to a State-designated lender its employees or agents of the State. right to recelve payment from the State for the assets in exchange for payment by the lender of the cash purchase price for the
6. APPLICABLE LAW: This Contract shall be governed by and assets. Upon notice to do so from the State-designated lender at shall be interpreted in accordance with the laws of the State of any time prior to payment by the State for the assels, the California; venue of any action brought with regard to this Contractor will execute and deliver to the State-designated lender Contract shall be in Sacramento County, Sacramento, California. an assignment agreement and any additional documents The United Nations Convention on Contracts for the International necessary for the State selected financing plan. The State- Sale of Goods shall not apply to this Contract. designated lender will pay the Contractor according to the terms REVISED AND EFFECTIVE DECEMBER 1, 2017 PAGE 1 OF 12
GSPD-401Non-IT Commodities-CMAS
CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS)
GENERAL PROVISIONS - NON-IT COMMODITIES
of the Contractor's Invoice upon acceptance of the assets by the Contractor must strictly follow Contract requirements State, regarding Free on Board (F.O.B.), freight terms and routing instructions. The State may permit use of an alternate
10. WAIVER OF RIGHTS: Any action or inaction by the State or the carrier at no additional cost to the State with advance written failure of the State on any occasion, to enforce any right or authorization of the Buyer. provision of the Contract, shall not be construed to be a waiver by b) If "prepay and add" is selected, supporting freight bills are the State of its rights hereunder and shall not prevent the State required when over $50, unless an exact freight charge is from enforcing such provision or right on any future occasion. approved by the Transportation Management Unit within the The rights and remedies of the State herein are cumulative and Department of General Services Procurement Division and a are in addition to any other rights or remedies that the State may walver Is granted. have at law or in equity. On "F.O.B. Shipping Point" transactions, should any shipments under the Contract be received by the State in a
11. CMAS - ORDER OF PRECEDENCE: In the event of any damaged condition and any related freight loss and damage inconsistency between the articles, attachments, specifications or claims flled against the carrier or carriers be wholly or provisions which constitute this Contract, the following order of partially declined by the carrier or carriers with the inference precedence shall apply: that damage was the result of the act of the shipper such as inadequate packaging or loading or some inherent defect in a) these General Provisions - Non-/T Commoditles; the equipment and/or material, Contractor, on request of the b) Contract form, Le., Purchase Order STD 65, eto., and any State, shall at Contractor's own expense assist the State in amendments thereto; establishing carrier liability by supplying evidence that the federal GSA (or other multiple award) terms and conditions; equipment and/or material was properly constructed, d) Statement of Work, Including any specifications Incorporated manufactured, packaged, and secured to withstand normal by reference herein; transportation conditions.
a) special terms and conditions; and
all other attachments incorporated in the Contract by 14. TIME IS OF THE ESSENCE: Time is of the essence in this reterence. Contract.
12. PACKING AND SHIPMENT: 15. DELIVERY: Contractor shall strictly adhere to the delivery and a) All Goods are to be packed in suitable containers for completion schedules specified in this Contract. Time, If stated as protection in shipment and storage, and in accordance with a number of days, shall mean calendar days unless otherwise applicable specifications. container of a multiple specified. The quantities specified hereln are the only quantities container shipment shall be identified to: required, If Contractor delivers in excess of the quantities l) show the number of the container and the total number specified herein, the State shall not be required to make any of contalners in the shipment; and payment for the excess Goods, and may return them to il) the number of the container in which the packing sheet Contractor at Contractor's expense or utilize any other rights has been enclosed. avallable to the State at law or in equity. b) All shipments by Contractor or its subContractors must include packing sheets identifying: the State's Contract 16. SUBSTITUTIONS: Substitution of Goods may not be tendered number; item number; quantity and unit of measure; part without advance written consent of the Buyer. Contractor shall number and description of the Goods shipped; and not use any specification in lieu of those contained in the Contract appropriate evidence of inspection, If required. Goods for without written consent of the Buyer. different Contracts shall be listed on separate packing sheets. 17. INSPECTION, ACCEPTANCE AND REJECTION:
c) Shipments must be made as specified in this Contract, as It a) Contractor and its subContractors will provide and maintain may be amended, or otherwise directed in writing by the a quality assurance system acceptable to the State covering State's Transportation Management Unit within the Goods and services under this Contract and will tender to Department of General Services, Procurement Division. the State only those Goods that have been inspected and found to conform to this Contract's requirements. Contractor
13. TRANSPORTATION COSTS AND OTHER FEES OR will keep records evidencing Inspections and their result, and EXPENSES: No charge for dellvery, drayage, express, parcel will make these records avallable to the State during post, packing, cartage, Insurance, license fees, permits, cost of Contract performance and for three years after final bonds, or for any other purpose will be pald by the State unless payment. Contractor shall permit the State to revlew expressly included and itemized in the Contract. procedures, practices, processes and related documents to REVISED AND EFFECTIVE DECEMBER 1, 2017 PAGE 2 OF 12
GSPD-401Non-IT Commodities-CMAS
CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS)
GENERAL PROVISIONS - NON-IT COMMODITIES
determine the acceptability of Contractor's quality assurance from defects in design. The State's approval of designs or system or ather business practices related to performance of specifications furnished by Contractor shall not relleve the the Contract. Contractor of its obligations under this warranty. b) All Goods may be subject to inspection and test by the State b) All warranties, Including special warranties specified or its authorized representatives. elsewhere herein, shall inure to the State, its successors, C) Contractor and Its subContractors shall provide all assigns, customer agences and users of the Goods or reasonable facilties for the safely and convenience of services. inspectors at no additional cost to the State. Contractor shall furnish to Inspectors all information and data as may be 20. SAFETY AND ACCIDENT PREVENTION: In performing work reasonably required to perform their inspection. under this Contract on State premises, Contractor shall confom d) All Goods to be delivered hereunder may be subject to final to any specific safety requirements contained in the Contract or inspection, test and acceptance by the State at destination, as required by law or regulation. Contractor shall take any notwithstanding any payment or inspection at source. additional precautions as the State may reasonably require for The State shall give written notice of rejection of Goods safety and accident prevention purposes. Any violation of such delivered or services performed hereunder within a rules and requirements, unless promptly corrected, shall be reasonable time after receipt of such Goods or performance grounds for termination of this Contract In accordance with the of such services. Such notice of rejection will state the default provisions hereof. respects in which the Goods do not substantially conform to their specifications. If the State does not provide such notice 21. INSURANCE: When performing work on property in the care, of rejaction within thirty (30) days, unless otherwise specified custody or control of the State, Contractor shall maintain all in the Statement of Work, of delivery, such Goods and commercial general llabllity insurance, workers' compensation services will be deemed to have been accepted. Acceptance insurance and any other insurance the State deems appropriate by the State will be final and irreversible, except as it relates under the Contract. Contractor shall furnish an insurance to latent defects, fraud, and gross mistakes amounting to certificate evidencing required insurance coverage acceptable to fraud, Acceptance shall not be construed to waive any the State, Upon request by the Buyer, the Contractor may be warranty rights that the State might have at law or by required to have the State shown as an "additional Insured on express reservation in this Contract with respect to any selected policles. nonconformity,
22. TERMINATION FOR NON-APPROPRIATION OF FUNDS:
18. SAMPLES: a) If the term of this Contract extends into fiscal years Samples of items may be required by the State for subsequent to that in whloh it Is approved, such continuation inspection and specification testing and must be furnished of the Contract is contingent on the appropriation of funds for free of expense to the State. The samples fumished must such purpose by the Legislature. If funds to effect such be identical in all respects to the products offered and/or continued payment are not appropriated, Contractor agrees specified in the Contract. to take back any affected Goods furnished under this b) Samples, if not destroyed by tests, may, upon request made Contract, terminate any services supplied to the State under at the time the sample is furnished, be returned at this Contract, and relieve the State of any further obligation Contractor's expense.
STATE AGREES THAT IF PARAGRAPH (a) ABOVE IS
19. CMAS - WARRANTY: The following warranty language is in INVOKED, GOODS SHALL BE RETURNED TO THE addition to the warranty language provided in the federal GSA IN SUBSTANTIALLY THE SAME Multiple Award Schedule or other base Contract used to establish CONDITION IN WHICH DELIVERED TO THE STATE, this CMAS Contract. When there is a conflict between the SUBJECT TO NORMAL WEAR AND TEAR. STATE language, the following warranty language overrides. FURTHER AGREES TO PAY FOR PACKING, CRATING, Unless otherwise specifled, the warranties contained in this TRANSPORTATION TO CONTRACTOR'S NEAREST Contract begin after acceptance has occurred. FACILITY AND FOR REIMBURSEMENT TO THE a) Contractor warrants that Goods and services furnished CONTRACTOR FOR EXPENSES INCURRED FOR THEIR hereunder will conform to the requirements of this Contract ASSISTANCE IN SUCH PACKING AND CRATING. (including all descriptions, specifications and drawings made a part hereof), and such Goods will be merchantable, fit for 23. TERMINATION FOR THE CONVENIENCE OF THE STATE:
their intended purposes, free from all defeots in materials a) The State may terminate performance of work under this and workmanship and to the extent not manufactured Contract for its convenlence in whole or, from time to time, in pursuant to detailed designs furnished by the State, free part, if the Department of General Services, Deputy Director, REVISED AND EFFECTIVE DECEMBER 1, 2017 PAGE 3 OF 12
GSPD-401Non-IT Commodities-CMAS
CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS)
GENERAL PROVISIONS - NON-IT COMMODITIES
Procurement Division, or designee, determines that a il) Partially completed Goods and materials, parts, tools, termination is in the state's interest. The Department of dies, jigs, fixtures, plans, drawings, information, and General Services, Deputy Director, Procurement Division, or Contract rights (collectively referred as designee, shall terminate by delivering to the Contractor a "manufacturing materials" in this clause) that the Notice of Termination specifying the extent of termination Contractor has specifically produced or acquired for the and the effective date thereof. The parties agree that, as to terinated portion of this Contract. Upon direction of the terminated portion of the Contract, the Contract shall be the Buyer, the Contractor shall also protect and deemed to remain in effect until such time as the termination preserve property in its possession in which the State. settlement, if any, is concluded and the Contract shall not be has an interest. void. e) The State shall pay Contract price for completed Goods After receipt of a Notice of Termination, and except as delivered and accepted. The Contractor and Buyer shall directed by the State, the Contractor shall immediately agree on the amount of payment for manufacturing materials proceed with the following obligations, as applicable, delivered and accepted for the protection and preservation of regardless of any delay in determining or adjusting any the property. Fallure to agree will be a dispute under the amounts due under this clause. The Contractor shall: Disputes clause. The State may withhold from these Stop work as specified in the Notice of Termination. amounts any sum the Buyer determines to be necessary to il) Place no further subContracts for materials, services, or protect the State against loss because of outstanding liens facilities, except as necessary to complete the or clalms of former lien holders. continued portion of the Contract. If, after termination, it is determined that the Contractor was ill). Terminate all subContracts to the extent they relate to not in default, or that the default was excusable, the rights the work terminated. and obligations of the parties shall be the same as If the iv) Settle all outstanding labllities and termination termination had been issued for the convenience of the settlement proposals arising from the termination of State. subContracts; the approval or ratification of which will g) The rights and remedies of the State in this clause are in be final for purposes of this clause. addition to any other rights and remedles provided by law or under this Contract.
24. TERMINATION FOR DEFAULT:
a) The State may, subject to the Force Majeure paragraph 25. FORCE MAJEURE:
contained herein, by written notice of default to Except for defaults of subContractors at any tier, the Contractor Contractor, terminate this Contract in whole or in part if the shall not be liable for any excess costs if the failure to perform the Contractor fails to: Contract arises from causes beyond the control and without the Deliver the Goods or to perform the services within the fault or negligence of the Contractor. Examples of such causes time specified in the Contract or any amendment include, but are not limited to:
thereto; a) Acts of God or of the public enemy, and
= Make progress, so as to endanger performance of this b) Acts of the federal or state government in elther its sovereign Contract (but see subparagraph (b) below); or or Contractual capacity. lii) Perform any of the other provisions of this Contract (but If the failure to perform is caused by the default of a see subparagraph (b), below). subContractor at any tier, and if the cause of the default is beyond b) The State's right to terminate this Contract under the control of both the Contractor and subContractor, and without subparagraphs (a)(il) and (a)(lI) above, may be exercised if the fault or negligence of elther, the Contractor shall not be liable the Contractor does not cure such failure within the time for any excess costs for failure to perform. frame stated in the cure notice issued by the Buyer.
If the State terminates this Contract in whole or in part, It 28. RIGHTS AND REMEDIES OF STATE FOR DEFAULT:
may acquire, under the terms and in the manner the Buyer a) In the event any Goods furnished or services provided by the considers appropriate, Goods or services similar to those Contractor in the performance of the Contract should fall to terminated, and the Contractor will be liable to the State for conform to the requirements herein, or to the sample any excess costs for those Goods or services. However, the submitted by the Contractor, the State may reject the same, Contractor shall continue the work not terminated. and It shall become the duty of the Contractor to reclaim and d) If the Contract is terminated for default, the State may remove the item promptly or to correct the performance of require the Contractor to transfer title and deliver to the services, without expense to the State, and immediately State, as directed by the Buyer, any: replace all such rejected items with others conforming to the 1) Completed Goods, and Contract.
REVISED AND EFFECTIVE DECEMBER 1, 2017 PAGE 4 OF 12
GSPD-401Non-IT Commodities-CMAS
CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS)
GENERAL PROVISIONS - NON-IT COMMODITIES
b) In addition to any other rights and remedies the State may 30. REQUIRED PAYMENT DATE: Payment will be made in have, the State may require Contractor, at Contractor's accordance with the provisions of the California Prompt Payment expense, to ship Goods via air freight or expedited routing to Act, Government Code Section 927 et. seq. Unless expressly avoid or minimize actual or potential delay if the delay is the exempted by statute, the Act requires state agencies to pay fault of the Contractor. properly submitted, undisputed invoices not more than 45 days C) In the event of the termination of the Contract, either in after (l) the date of acceptance of Goods or performance of whole of in part, by reason of default or breach by the services; or (il) receipt of an undisputed invoice, whichever is Contractor, any loss or damage sustained by the State in later. procuring any items which the Contractor agreed to supply shall be borne and paid for by the Contractor. 31. TAXES: Unless otherwise required by law, the State of California d) The State reserves the right to offset the reasonable cost of is exempt from Federal excise taxes. The State will only pay for all damages caused to the State against any outstanding any State or local sales or use taxes on the services rendered or Involces or amounts owed to Contractor or to make a claim Goods supplied to the State pursuant to this Contract. against the Contractor therefore.
32. NEWLY MANUFACTURED GOODS; All Goods furnished under
27. CONTRACTOR'S LIABILITY FOR INJURY TO PERSONS OR this Contract shall be newly manufactured Goods: used or DAMAGE TO PROPERTY: reconditioned Goods are prohibited, unless otherwise specified. a) The Contractor shall be liable for damages arising out of Injury to the person and/or damage to the property of the 33, CONTRACT MODIFICATION: No amendment or variation of the State, employees of the State, persons designated by the terms of this Contract shall be valid unless made in writing, signed State for training, or any other person(s) other than agents or by the parties and approved as required. No oral understanding employees of the Contracter, designated by the State for any or agreement not Incorporated In the Contract Is binding on any of purpose, prior to, during, or subsequent to delivery, the parties. installation, acceptance, and use of the Goods either at the Contractor's site or at the State's place of business, provided 34. CONFIDENTIALITY OF DATA: All financial, statistical, personal, that the injury or damage was caused by the fault or technical and other, data and information relating to the State's neligence of the Contractor. operation which are designated confidential by the State and b) Contractor shall not be llable for damages arising out of or made avallable to the Contractor in order to carry out this oaused by an alteration or an attachment not made or Contract, or which become available to the Contractor in carrying installed by the Contractor, or for damage to alterations or out this Contract, shall be protected by the Contractor from attachments that may result from the normal operation and unauthorized use and disclosure through the observance of the maintenance of the Goods provided by the Contractor during same or more effective procedural requirements as are applicable the Contract. to the State. The identification of all such confidential data and information as well as the State's procedural requirements for
28. INDEMNIFICATION: Contractor agrees to indemnify, defend and protection of such data and information from unauthorized use save harmless the State, its officers, agents and employees from and disclosure shall be provided by the State in writing to the any and all claims and losses accruing or resulting to any and all Contractor. If the methods and procedures employed by the Contractors, subContractors, suppliers, laborers and any other Contractor for the protection of the Contractor's data and person, fim, or corperation furnishing or supplying work, services. Information are deemed by the State to be adequate for the materials or supplies in connection with the performance of this protection of the State's confidential Information, such methods Contract, and from any and all claims and losses accruing or and procedures may be used, with the written consent of the resulting to any person, firm or corporation which may be injured State, to carry out the intent of this paragraph. The Contractor or damaged by Contractor in the performance of this Contract. shall not be required under the provisions of this paragraph to keep confidential any data or information which Is or becomes
29. INVOICES: Unless otherwise specified, invoices shall be sent to publicly available, is already rightfully in the Contractor's the address set forth herein. Invoices shall be submitted in possession, is independently developed by the Contractor outside triplicate and shall include the Contract number; release order the scope of this Contract, or Is rightfully obtained from third number (if applicable): item number: unit price, extended item parties. price and invoice total amount. State sales tax and/or use tax shall be itemized separately and added to each invoice as 35. NEWS RELEASES: Unless otherwise exempted, news releases applicable. pertaining to this Contract shall not be made without prior written approval of the Department of General Services.
REVISED AND EFFECTIVE DECEMBER 1, 2017 PAGE 5 OF 12
GSPD-401Non-IT Commodities-CMAS
CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS)
GENERAL PROVISIONS - NON-IT COMMODITIES
36. PATENT, COPYRIGHT AND TRADE SECRET INDEMNITY: 9) The Contractor shall have no liability to the State under any a) Contractor shall hold the State of California, Its officers, provision of this clause with respect to any claim of patent, agents and employees, harmless from liability of any nature copyright or trade secret infringement which is based upon:
or kind, including costs and expenses, for infringement or 1) The combination or utilization of Goods furnished use of any copyrighted or uncopyrighted composition, secret hereunder with equipment or devices not made or process, patented or unpatented invention, artile or furnished by the Contractor; or, appliance furnished or used in connection with the Contract. Il) The operation of equipment furnished by the Contractor b) Contractor may be required to furnish a bond to the State under the control of any operating software other than, against any and all loss, damage, costs, expenses, claims in addition to, the current version of and liability for patent, copyright and trade secret Contractor-supplied operating software; or infringement. The modification by the State of the equipment Contractor, at Its own expense, shall defend any action furnished hereunder or of the software; or brought against the State to the extent that such action is iv) The combination or utilization of software furnished based upon a clalm that the Goods or software supplied by hereunder with non-Contractor supplied software. the Contractor or the operation of such Goods pursuant to a f) Contractor certifies that it has appropriate systems and current version af Contractor supplied operating software controls In place to ensure that state funds will not be used infringes a United States patent or copyright or violates a in the performance of this Contract for the acquisition, trade secret. The Contractor shall pay those costs and operation or maintenance of computer software in violation damages finally awarded against the State in any such of copyright laws. action. Such defense and payment shall be conditioned on The foregoing states the entire liability of the Contractor to the following: the State with respect to Infringement of patents, copyrights l) That the Contractor shall be notified within a reasonable or trade secrets. time in writing by the State of any notice of such claim; and, 37. EXAMINATION AND AUDIT: Contractor agrees that the State, i) That the Contractor shall have the sole control of the or its designated representative shall have the right to review and defense of any action on such claim and all copy any records and supporting documentation pertaining to negotiations for its settlement or compromise, provided, performance of this Contract. Contractor agrees to maintain such however, that when principles of government at publie records for possible audit for a minimum of three (3) years after law are involved, the State shall have the option to final payment, unless a longer period of records retantion is participate in such action at its own expense. stipulated. Contractor agrees to allow the auditors) access to d) Should the Goods or software, or the operation thereof, such records during normal business hours and to allow become, or in the Contractor's opinion are likely to become, Interviews of any employees or others who might reasonably have the subject of a claim of infringement of a United States informatlon related to such records. Further, Contractor agrees to patent or copyright or a trade secret, the State shall permit include a similar right of the State to audit records and interview the Contractor at its option and expense either to procure for staff in any subContract related to performance of this Contract. the State the right to continue using the Goods or software, or to replace or modify the same so that they become 38. DISPUTES:
non-infringing. If none of these options can reasonably be a) The parties shall deal in good faith and attempt to resolve taken, or if the use of such Goods or software by the State potential disputes informally. If the dispute persists, shall be prevented by injunction, the Contractor agrees to Contractor shall submit to the Department Director or take back such Goods or software and make every designee a written demand for a final decision regarding the reasonable effort to assist the State in procuring substitute disposition of any dispute between the parties arling under, Goods or software. If, in the sole opinion of the State, the related to or involving this Contract, unless the State, on Its return of such infringing Goods or software makes the own intiative, has already rendered such a final decision. retention of other Goods or software acquired from the Contractor's written demand shall be fully supported by Contractor under this Contract impractical, the State shall factual information, and if such demand involves a cost then have the option of terminating such Contracts, or adjustment to the Contract, Contractor shall include with the applicable portions thereof, without penalty or termination demand a written statement signed by an authorized person charge. The Contractor agrees to take back such Goods or indicating that the demand is made in good falth, that the software and refund any sums the State has paid Contractor supporting data are accurate and complete and that the less any reasonable amount for use or damage. amount requested accurately reflects the Contract adjustment for which Contractor belleves the State is liable.
If the Contractor is not satisfied with the decision of the REVISED AND EFFECTIVE DECEMBER 1, 2017 PAGE 6 OF 12
GSPD-401Non-IT Commodities-CMAS
CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS)
GENERAL PROVISIONS - NON-IT COMMODITIES
Department Director or designee, the Contractor may appeal Contract price, or both, and the Contract shall be modified, in the decision to the Department of General Services, Deputy writing, accordingly, if:
Director, Procurement Division, In the event that this 1) The Stop Work Order results in an increase In the time Contract is for information technology Goods required for, or in the Contractor's cost properly services, the decision may be appealed to an Executive allocable to the performance of any part of this Committee of State and Contractor personnel. Contract; and b) Pending the final resolution of any dispute arising under, 1l) The Contractor asserts Its right to an equitable related to or involving this Contract, Contractor agrees to adlustment within 30 days after the end of the period of diligently proceed with the performance of this Contract, work stoppage; provided, that if the State decides the including the delivery of Goods or providing of services in facts justify the action, the State may receive and act accordance with the State's instructions. Contractor's failure upon a proposal submitted at any time before final to diligently proceed in accordance with the State's payment under this Contract. instructions shall be considered a material breach of this c) If a Stop Work Order is not canceled and the work covered Contract. by the Stop Work Order is terminated in accordance with the c) Any final decision of the State shall be expressly Identified provision entitled Termination for the Convenience of the as such, shall be in writing, and shall be signed by the State, the State shall allow reasonable costs resulting from Department Director or designee or Deputy Director, the Stop Work Order In arriving at the termination settlement.
Procurement Division if an appeal was made, If the State d) The State shall not be liable to the Contractor for loss of fails to render a final decision within 90 days after receipt of profits because of a Stop Work Order issued under this Contractor's demand, It shall be deemed a final decision clause. adverse to Contractor's contentions. The State's final
decision shall be conclusive and binding regarding the 40. PRIORITY HIRING CONSIDERATIONS: If this Contract includes dispute unless Contractor commences an action in a court of services in excess of $200,000, the Contractor shall give priority competent juriadiction to contest such decision within 90 consideration in filling vacancies in positions funded by the days following the date of the final decision or one (1) year Contract to qualified recipents of ald under Welfare and following the accrual of the cause of action, whichever is Institutions Code Section 11200 in accordance with PCC Section later. 10353.
39. STOP WORK: 41. COVENANT AGAINST GRATUITIES: The Contractor warrants a) The State may, at any time, by written Stop Work Order to that no gratuities (In the form of entertainment, gifts, or otherwise) the Contractor, require the Contractor to stop all, or any part, were offered or given by the Contractor, or any agent or of the work called for by this Contract for a period up to 90 representative of the Contractor, to any officer or employee of the days after the Stop Work Order Is delivered to the State with a view toward securing the Contract or securing Contractor, and for any further period to which the parties favorable treatment with respect to any determinations concerning may agree. The Stop Work Order shall be specifically the performance of the Contract. For breach or violation of this identified as such and shall indicate it is issued under this warranty, the State shall have the right to terminate the Contract, clause. Upon receipt of the Stop Work Order, the Contractor either in whole or in part, and any loss or damage sustained by shall immediately comply with its tems and take all the State in procuring on the open market any Items which reasonable steps to minimize the incurrence of costs Contractor agreed to supply shall be borne and paid for by the allocable to the work covered by the Stop Work Order during Contractor. The rights and remedies of the State provided in this the period of work stoppage. Within a period of 90 days clause shall not be exclusive and are in addition to any other after a Stop Work Order is delivered to the Contractor, or rights and remedles provided by law or in equity. within any extension of that period to which the parties shall have agreed, the State shall elther: 42. NONDISCRIMINATION CLAUSE:
Cancel the Stop Work Order; or a) During the performance of this Contract, Contractor and Its ii) Terminate the work covered by the Stop Work Order as subContractors shall not unlawfully discriminate, harass or provided for in the termination for default or the allow harassment, against any employee or applicant for termination for convenience clause of this Contract. employment because of sex, sexual orlentation, race, color, If a Stop Work Order issued under this clause is canceled or ancestry, religlous creed, national origin, disablity (including the peried of the Stop Work Order or any extension thereof HIV and AIDS), medical condition (cancer), age, marital expires, the Contractor shall resume work. The State shall status, and denial of family care leave. Contractor and make an equitable adjustment in the delivery schedule, the subContractors shall insure that the evaluation and treatment of their employees and applicants for employment REVISED AND EFFECTIVE DECEMBER 1, 2017 PAGE 7 OF 12
GSPD-401Non-IT Commodities-CMAS
CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS)
GENERAL PROVISIONS - NON-IT COMMODITIES
are free from such discrimination and harassment. action assigned under this part if the assignor has been or Contractor and subContractors shall comply with the may have been injured by the violation of law for which the provisions of the Fair Employment and Housing Act cause of action arose and (Government Code, Section 12990 et seq.) and the 1) the assignee has not been injured thereby, or applicable regulations promulgated thereunder (California the assignee declines to flie a court action for the cause Code of Regulations, Title 2, Section 7285.0 et seq.). The of action. applicable regulations of the Fair Employment and Housing Commission Implementing Government Code Section 12990 45. DRUG-FREE WORKPLACE CERTIFICATION: The Contractor (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the certifies under penalty of perjury under the laws of the State of California Code of Regulations are Incorporated into this Callfornla that the Contractor Will comply with the requirements of Contract by reference and made a part hereof as if set forth the Drug-Free Workplace Act of 1990 (Government Code Section in full. Contractor and Its subContractors shall give written 8350 et seq.) and will provide a drug-free workplace by taking the notice of their obligations under this clause to labor following actions:
organizations with which they have a collective bargaining or a) Publish a statement notifying employees that unlawful other agreement. manufacture, distribution, dispensation, possession, or use b) The Contractor shall include the nondiscrimination and of a controlled substance is prohibited and specifying actions compliance provisions of this clause In all subContracts to to be taken against employees for violations, as required by perform work under the Contract. Government Code Section 8355(a), b) Establish a Drug-Free Awareness Program as required by
43. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Government Code Section 8355(b) to inform employees Contractor swears under penalty of perjury that no more than one about all of the following:
final, unappealable finding of contempt of court by a federal court i) the dangers of drug abuse in the workplace; has been issued against the Contractor within the immediately Il) the person's or organization's policy of maintaining a preceding two-year period because of the Contractor's failure to drug-free workplace; comply with an order of the National Labor Relations Board, This ill) any available counseling, rehabilitation and employee provision is required by, and shall be construed in accordance assistance programs; and, with, PCC Section 10296. iv) penalties that may be imposed upon employees for drug abuse violations.
44. ASSIGNMENT OF ANTITRUST ACTIONS: Pursuant to c) Provide, as required by Government Code Section 8355(c), Government Code Sections 4552, 4553, and 4554, the following that every employee who works on the proposed or resulting provisions are incorporated herein: Contract:
a) In submitting an offer to the State, the supplier offers and i) will receive a copy of the company's drug-free policy agrees that if the offer is accepted, it will assign to the State statement; and, all rights, title, and interest in and to all causes of action it il) will agree to abide by the terms of the company's may have under Section 4 of the Clayton Act (15 U.S.C. 15) statement as a condition of employment on the or under the Cartwright Act (Chapter 2, commencing with Contract.
Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of Goods, 46. FOUR-DIGIT DATE COMPLIANCE: Contractor warrants that it material, or services by the supplier for sale to the State will provide only Four-Digit Date Compilant (as defined below) pursuant to the solicitation. Such assignment shall be made Deliverables and/or services to the State, "Four Digit Date and become effective at the time the State tenders final Compliant" Deliverables and services can accurately process, payment to the supplier. calculate, compare, and sequence date data, Including without b) If the State receives, either through judgment or settlement, limitation date data arising out of or relating to leap years and a monetary recovery for a cause of action assigned under changes in centuries. This warranty and representation is subject this chapter, the assignor shalt be entitled to receive to the warranty terms and conditions of this Contract and does not reimbursement for actual legal costs incurred and may, upon limit the generality of warranty obligations set forth elsewhere demand, recover from the State any portion of the recovery; herein.
Including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the State as 47. SWEATFREE CODE OF CONDUCT:
part of the offer price, less the expenses incurred in a) Contractor declares under penalty of perjury that no apparel, obtalning that portion of the recovery. garments or corresponding accessories, equipment, Upon demand in writing by the assignor, the assignee shall, materlals, or supplies furnished to the State pursuant to the within one year from such demand, reassign the cause of Contract have been produced in whole or in part by REVISED AND EFFECTIVE DECEMBER 1, 2017 PAGE 8 OF 12
GSPD-401Non-IT Commodities-CMAS
CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS)
GENERAL PROVISIONS - NON-IT COMMODITIES
sweatshop • labor, forced labor, canvict labor, Indentured Contractor shall maintain documentation and provide reasonable labor under penal sanction, abusive forms of child labor or access to its records and documents that evidence compliance. exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, 52, USE TAX COLLECTION: In accordance with PCC Section indentured labor under penal sanction, abusive forms of 10295.1, Contractor certifles that it complies with the child labor or exploitatlon of children in sweatshop labor. requirements of Section 7101 of the Revenue and Taxation Code.
Contractor further declares under penalty of perjury that they Contractor further certfles that it will immediately advise State of adhere to the Sweatfree Code of Conduct as set forth on the any change in its retailer's seller's permit or certification of California Department of Industrial Relations website located registration or applicable affillate's seller's permit or certificate of at www.dir.ca.goy.and Publie Contract Code Section 6108. registratian as described in subdivision (a) of PC Section b) Contractor agrees to cooperate fully in providing reasonable 10295.1. ccess to its records, documents, agents or employees, o remises if reasonably required by authorized officials of the 53. EXPATRIATE CORPORATIONS: Contractor hereby declares State, the Department of Industrial Relations, or the that it is not an expatriate corporation or subsidiary of an Department of Justice to determine Contractor's compliance expatriate corporation within the meaning of PCC Section 10286 with the requirements under paragraph (a), and 10286.1, and is eligible to Contract with the State.
54. DOMESTIC PARTNERS: For Contracts over $100,000 executed
48. RECYCLING: The Contractor shall certify in writing under or amended after January 1, 2007, the Contractor certifies that penalty of perjury, the minimum, if not exact, percentage of post the Contractor is in compllance with Pubile Contract Code section consumer material as defined in the Public Contract Code Section 10295.3. 12200, in products, materials, Goods, or supplies offered or sold to the State regardless of whether the product meets the 55. SMALL BUSINESS PARTICIPATION AND DVBE requirements of Section 12209. With respect to printer or PARTICIPATION REPORTING REQUIREMENTS:
duplication cartridges that comply with the requirements of a) If for this Contraot Contractor made a commitment to Section 12156(e), the certification required by this subdivision achieve small business participation, then Contractor must shall specify that the cartridges so comply (PCC 12205). within 60 days of receiving final payment under this Contract (or within such other time period as may be specified
49. CHILD SUPPORT COMPLIANCE ACT: For any Contract in elsewhere in this Contract) report to the awarding excess of $100,000, the Contractor acknowledges in accordance department the actual percentage of small business with PCC Section 7110, that: particlpation that was achieved. (Govt. Code § 14841.) a) The Contractor recognizes the importance of child and family b) If for this Contract Contractor made a commitment to support obligations and shall fully comply with all applicable achieve disabled veteran business enterprise (DVBE) state and federal laws relating to child and family support participation, then Contractor must within 60 days of enforcement, including, but not limited to, disclosure of recelving final payment under this Contract (or within such information and compliance with earnings assignment other time perlod as may be specified elsewhere in this orders, as provided in Chapter & (commencing with Section Contract) certify in a report to the awarding department: (1) 5200) of Part 5 of Division 9 of the Family Code; and the total amount the prime Contractor received under the b) The Contractor, to the best of Its knowledge is fully Contract; complying with the earnings assignment orders of all (2) the name and address of the DVBE(s) that participated in employees and is providing the names of all new employees the performance of the Contract; (3) the amount each DVBE to the New Hire Registry maintained by the California received from the prime Contractor; (4) that all payments Employment Development Department. under the Contract have been made to the DVBE: and (5) the actual percentage of DVBE participation that was
50. AMERICANS WITH DISABILITIES ACT: Contractor assures the achieved. A person or entity that knowingly provides false State that Contractor complles with the Americans with information shall be subject to a civil penalty for each Disabilities Act of 1990 (42 U.S.C. 12101 et seq). violation. (Mil. & Vets. Code § 999.5(d); Govt. Code $14841.)
51. ELECTRONIC WASTE RECYCLING ACT OF 2003: The
Contractor certifies that it complies with the requirements of the 56. LOSS LEADER: It is unfawíut for any person engaged in Electronic Waste Recycling Act of 2003, Chapter 8.5, Part 3 of business within this state to sell or use any article or product as a Division 30, commending with Section 42460 of the Public loss leader" as defined in Section 17030 of the Business and Resources Code, relating to hazardous and sold waste. Professions Code. (PCC 10302(b).).
REVISED AND EFFECTIVE DECEMBER 1, 2017 PAGE 9 OF 12
GSPD-401Non-IT Commodities-CMAS
CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS)
GENERAL PROVISIONS - NON-IT COMMODITIES
ADDITIONAL CMAS TERMS AND CONDITIONS
Pursuant to Section 1775 of the California Labor Code
the Contractor shall, as a penalty to the State or Political
57. CMAS - CONTRACTOR'S LICENSE REQUIREMENTS:
subdivision on whose behalf the purchase order is made
Contracts that include installation or the wording "Furnish and Install" require at the time of Contract award that Contractors or awarded, forfelt not more than fifty ($50.00) for each possess a valid Californla State Contractor's License. If sub- calendar day, or portions thereof, for each worker paid Contractors are used, they must also possess a valid California by him or subContractor under him, less than the State Contractor's License. All businesses which construct or prevailing wage so stipulated; and in addition, the alter any building, highway, road, parking facilty, railroad, Contractor further agrees to pay to each workman the difference between the actual amount paid for each
excavation, or other structure in California must be licensed by the California State License Board (CSLB) if the total cost (labor calendar day, or portions thereof, and the stipulated prevailing wage rate for the same. This provision shall and materials) of the project is $500.00 or more. Failure to be Itcensed or to keep the license current and in good standing shall not apply to properly indentured apprentices. be grounds for Cantract revocation.
Pursuant to Sections 1810-1815 of the California Labor
WORKS REQUIREMENTS Code, Inclusive, It is further agreed that the maximum
58. CMAS PUBLIC
hours a worker is to be employed is limited to eight hours (LABOR/INSTALLATION):
a day and forty hours a week and the Contractor shall
Prior to the commencement of performance, the Contractor must obtain and provide to the State, a payment bond, on forfeit, as a penalty to the State, twenty-five ($25) for each worker employed in the execution of the purchase
Standard Form 807, when the Contract involves a public
order for each calendar day during which a workman is
works expenditure (labor/installation costs) in excess of required or permitted to labor more than eight hours in $5,000, Such bond shall be in a sum not less than one
hundred percent (100%) of the Contract price, Forms shall any calendar day or more than forty hours in any calendar week, in violation of California Labor Code
be provided to the Contractor.
In accordance with the provisions of Section 1773 of the Sections 1810-1815, Inclusive. b)
California Labor Code, the Contractor shall, conform and stipulates to the general prevailing rate of wages, including il) Worker's Compensation Insurance employer benefits as defined in Section 1773.1 of the The Contractor will be required to secure the payment of compensation to its employees in accordance with the
California Labor Code, applicable to the classes of labor to provisions of Labor Code Section 3700.
be used for public works such as at the delivery site for the iii) Travel and Subsistence Payments
assembly and Installation of the equipment or materials under the purchase order. Pursuant to Section 1770 of the Travel and subsistence payments shall be paid to each worker needed to execute the work, as such fravel and
California Labor Code, the Department of Industrial
subsistence payments are defined in the applicable
Relations has ascertained the general prevailing rate of wages in the county in which the work is to be done, to be as collective bargaining agreements filed in accordance with listed in the Department of Transportation bookiet entitled Labor Code Saction 1773.8.
General Prevailing Wage Rates. The booklet is compiled iv) Apprentices monthly and copies of the same are avallable from the Special attention is directed to Sections 1777.5, 1777.6, Department of Industrial Relations, Prevailing Wage Unit at and 1777.7 of the California Labor Code and Title 8, www.dir.ca.gov (select Statistics & Research) or (415) 703- California Administrative Code Section 200 et seq. Each 4774. The booklet is required to be posted at the job site. Contractor and/or subContractor must, prior to c) The Contractor hereby certifies by signing this Contract that: commencement of the public works Contract/purchase 1) Contractor has met or will comply with the standards of order, contact the Division of Apprenticeship Standards, compliance with the Non-Discrimination 525 Golden Gate Avenue, San Francisco, CA, or one of atfirmative
Its branch offices to Insure compliance and complete
Clause Requirements included herein.
Contractor is aware of the provisions of Section 3700 of understanding of the law regarding apprentices and il) specifically the required ratio thereunder. Responsibility the Labor Code that require every employer to he
insured against liability for workmen's compensation or for compliance with this section lies with the prime to undertake self-insurance in accordance with the Contractor. provisions of that Code, and Contractor will comply with v) Payroll such provisions before commencing the performance of The Contractor shall keep an accurate payroll record the work of the purchase order. showing the name, social security account, and work classification specific and straight time and overtime
d) Laws to be Observed
REVISED AND EFFECTIVE DECEMBER 1, 2017 PAGE 10 OF 12
GSPD-401Non-IT Commodities-CMAS
CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS)
GENERAL PROVISIONS - NON-IT COMMODITIES
hours worked by each employee. A certified copy of the limitations, or conditions enacted by the Congress or any employee's payroll record shall be avallable for statute enacted by the Congress that may affect the Inspection as specified in section 1776 of the Californla provisions, terms or funding of this Contract (order) In any Labor Code.
0) It Is mutually agreed that if the Congress does not
59. CMAS - TERMINATION OF CMAS CONTRACT: approprate sufficient funds for the program, this Contract The State may terminate this CMAS Contract at any time (order) shall be amended to reflect any reductlon in funds. upon 30 days prior written notice. The department has the option to vold the Contract (order) b) If the Contractor's OSA Multiple Award Schedule Is under the 30-day cancellation clause of to amend the terminated within the term of the Callfornia Multiple Award Contract to reffect any reduction of funds.
Schedule, the California schedule shall also be considered terminated on the same date. 63. CMAS - CONFLICT OF INTEREST:
c) Upon termination or other expiration of this Contract, each a) Current State Employees (Public Contract Code Section party will assist the other party in orderly termination of the 10410):
Contract and the transfer of all assets, tangible and No officer or employee shall engage in any intangible, as may facilitate the orderly, nondisrupted employment, activity or enterprise from which the officer business continuation of each party. or employee receives compensation or has a financial d) Prior to the explation of this Contract, this Contract may be interest and which is sponsored or funded by any State terminated for the convenience of both partles by mutual agency, unless the employment, activity or enterprise is required as a condition of regular State employment.
This provision shall not relieve the Contractor of the No officer or employee shall Contract on his or her own obligation to perform under any purchase order or other behalf as an independent Contractor with any State similar ordering document executed prior to the termination agency to provide Goods or services. becoming effective. b) Former State Employees (Public Contract Code Section 10411):
60. CMAS ** CONTRACT AMOUNT: There Is no guarantee of For the two-year period from the date he or she left minimum purchase of Contractor's products or services by the State employment, no former State officer or employee State. may enter into a Contract in which he or she engaged • in any of the negotiations, transactions, planning,
61. CMAS - DEBARMENT CERTIFICATION (FEDERALLY arrangements or any part of the decision-making FUNDED CONTRACTS): When Federal funds are being process relevant to the Contract while employed in any expended, the prospective recipient of Federal assistance funds capacity by any State agency. li) For the twelve-month period from the date he or she left State employment, no former State officer or employee
declared ineligible, or voluntarily excluded from participation in may enter into a Contract with any State agency if he or this transaction by any Federal department or agency. she was employed by that State agency in a policy making positien in the same general subject area as the B2. CMAS - PURCHASE ORDERS FUNDED IN WHOLE OR PART proposed Contract within the twaive-month period prior BY THE FEDERAL GOVERNMENT: All Contracts (including to his or her leaving State service.
Individual orders), except for State construction projects, which are funded in whole or in part by the federal government may be 64. CMAS -- SUBCONTRACTING REQUIREMENTS:
canceled with 30 days notice, and are subject to the following: Any subContractor that the CMAS supplier chooses to use In a) It is mutually understood between the parties that this fulling the requirements of this Contract/purchase order, and Contract (order) may have been written before ascertaining which is expected to recelve more than ten (10) percent of value the availability of congressional appropriation of funds, for of the Contract/purchase order, must also meet all Contractual, the mutual benefit of both parties, in order to avoid program administrative, and tachnical requirements and fiscal delays which would occur if the Contract (order) Contract/purchase order, as applicable. were executed after that determination was made.
This Contract (order) Is valid and enforceable only if 65. CMAS -- RENTAL AGREEMENTS:
sufficient funds are made available to the State by the United States Government for the fiscal year during which the order The State does not agree to:
was generated for the purposes of this program. In addition, indemnify a Contractor; this Contract (order) is subject to any additional restrictions, Assume responsiblity for matters beyond its control; REVISED AND EFFECTIVE DECEMBER 1, 2017 PAGE 11 OF 12
GSPD-401Non-IT Commodities-CMAS
CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS)
GENERAL PROVISIONS - NON-IT COMMODITIES
Agree to make payments in advance: Interests, for progress payments for work performed and costs Accept any other provision creating a contingent lability Incurred at the Contractor's shop or plant, provided that nat less against the State; or than 10 percent of the Contract price is required to be withheld untll final delivery and acceptance of the Goods, and provided • Agree to obtain insurance to protect the Contractor.
further, that the Contractor is required to submit a falthful The State's responsibility for repairs and liability for damage o performance bond, acceptable to the department, in a sum not oss is restricted to that made necessary by or resulting from the less than one-half of the total amount payable under the Contract negligent act or omission of the State or its officers, employees, or securing the falthful performance of the Contract by the agents. Contractor.
If the Contractor maintains the equipment, the Contractor must the equipment in good working order and make all
necessary repairs and adjustments without qualification. The State may terminate for default or cease paying rent should the Contractor fail to maintain the equipment properly.
Personal property taxes are not generally reimbursed when leasing equipment (SAM 8736).
66. CMAS - LEASE (Lease $Mart ™): If an agency desires to lease through Lease $Mart ™, the Contractor agrees to sell to lessor the assets at the same price as they agree to sell to the State.
67. CMAS -- QUARTERLY REPORTS: Contractors are required to submit quarterly business activity reports, as specified in this Contract, even when there is no activity: A separate report is required for each Contract, as differentiated by alpha suffix. 68, CMAS - LIQUIDATED DAMAGES:
In the event that the Contractor falls to deliver in accordance with the Contract requirements, the parties agree that the delay will interfere with the proper implementation of the State's programs, to the loss and damage of the State. From the nature of the case, It would be impracticable and extremely difficult to fix the actual damages sustained in the event of any such delay. The State and Contractor, therefore, presume that in the event of any such delay the amount of damage which will be sustained from a delay will be the amounts set forth in the Statement of Work, and the State and the Contractor agree that in the event of any such delay, the Contractor shall pay such amounts as liquidated damages and not as a penalty. Amounts due the State as
liquidated damages may be deducted by the State from any money payable to the Contractor. The State shall notify the Contractor in writing of any claim for llquidated damages pursuant to this paragraph on or before the date State deducts such sums from money payable to the Contractor.
69. CMAS -- PROGRESS PAYMENTS/PERFORMANCE BONDS:
In accordance with PC 10314: Any Contract for Goods to be manufactured by the Contractor specially for the State and not suitable for sale to others in the ordinary course of the Contractor's business may provide, on such terms and conditions as the department deems necessary to protect the State's REVISED AND EFFECTIVE DECEMBER 1, 2017 PAGE 12 OF 12