Cities Index.
State of California Cooperative Agreement 1-22-70-08H.pdf

City Council/Public Finance and Economic Development Authority/Parking Authority
July 3, 2023

Document
State of California Cooperative Agreement 1-22-70-08H.pdf
Meeting
July 3, 2023
Body
City Council/Public Finance and Economic Development Authority/Parking Authority
Pages
24
Original file
14.4 MB
Text extracted from the city's file for reading and search. Open the original on cityofmerced.legistar1.com. That file is the official record.

Department of General ServicesProcurement Division 707 Third Street, 2nd Floor West Sacramento, CA 95605-2811 State of CaliforniaSTATEWIDE CONTRACT USER INSTRUCTIONSAll changes to most recent Supplem ent are in bold red italic. Additi ons ar e enclosed in asterisks, *, and deleti ons are enclosed in br ackets, [].MANDATORY *Supplement 4* ISSUE AND EFFECTIVE DATE: *03/03/2023* CONTRACT NUMBER: 1-21-70-08H DESCRIPTION: Rugged Tablets/Rugged 2-in-1 Devices, Panasonic CONTRACTOR: CDW Government LLC CONTRACT TERM: 08/01/2021 through 07/31/2024 STATE CONTRACT ADMINISTRATOR: Sarah Samaan 279-946-8324 [email protected] contract user instructions, products, and pricing are included herein. All purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions: IT General Provisions, rev 09/05/2014 (https://www.dgs.ca.gov/-/media/7DC4270A6D324C8FB923562A0AC482AD.ashx) Cal eProcure link:www.caleprocure.ca.gov ORDER PLACEMENT INFORMATIONMailing Address:230 N. Milwaukee Ave Vernon Hills, IL 60061Fax/Email:Fax: (847) 419-8616 Email: [email protected] Information:Contact: Luke Anderson Phone:(847) 419-7416 Fax: (847) [email protected]

Department of General Services Rugged Tablets/Rugged 2-in-1 DevicesProcurement Division Contract 1-21-70-08H, Supplement 4 March 03, 20232
All changes to most recent Supplement are in bold red italic. Additions are enclosed in asterisks; deletions are enclosed in brackets. SUMMARY OF CHANGES Supplement NumberDescription/Articles Supplement Date*4* *Subject contract for Rugged Tablets/Rugged 2-in1 Devices, is hereby modified to reflect the following changes: Article 4: Language has been changed.* *3/3/23*3 Subject contract for Rugged Tablets/Rugged 2-in1 Devices, is hereby modified to reflect the following changes: Cover Page: Contractor’s fax number updated. Article 16: Language added. Article 17: Contractor’s fax number updated. Article 30: Contractor contact information updated Article 45: Language modified10/17/20222 Subject contract for Rugged Tablets/Rugged 2-in1 Devices, is hereby modified to reflect the following changes: Cover Page: Contract administrators phone number updated. Contractor contact updated. Article 9: Contractor’s contact information updated. Article 17: Contractor’s contact information updated. Article 30: Contract administrators phone number updated. Contractor contact updated. Article 44: Added Certification of Payments to DVBE Subcontractors section. 5/5/20221 Subject contract for Rugged Tablets/Rugged 2-in1 Devices, is hereby modified to reflect the following changes: Cover Page: Contractor’s fax number updated. Article 10: Contractor’s website has been added.8/20/2021 Department of General Services Rugged Tablets/Rugged 2-in-1 DevicesProcurement Division Contract 1-21-70-08H, Supplement 4 March 03, 20233
Supplement NumberDescription/Articles Supplement DateArticle 17: Contractor’s fax number updated. Article 30: Contractor’s fax number updated. N/A Original Contract Posted 7/27/2021 All other terms and conditions remain the same.

Department of General Services Rugged Tablets/Rugged 2-in-1 DevicesProcurement Division Contract 1-21-70-08H, Supplement 4 March 03, 20234

Department of General Services Rugged Tablets/Rugged 2-in-1 DevicesProcurement Division Contract 1-21-70-08H, Supplement 4 March 03, 20235

Department of General Services Rugged Tablets/Rugged 2-in-1 DevicesProcurement Division Contract 1-21-70-08H, Supplement 4 March 03, 20236
SCOPEThe State’s Contract 1-21-70-08H with CDW Government LLC provides Panasonic Rugged Tablets and Rugged 2-in-1 Devices at contracted pricing to the State of California and local governmental agencies in accordance with the requirements of Contract 1-21-70-08H. The Contractor shall supply the entire portfolio of products as identified in the contract and will be the primary point of contact for data collection, reporting, and distribution of Panasonic Rugged Tablets and Rugged 2-in-1 Devicesto the State.The contract term is for three (3) years with an option to extend the contract for two (2) additional one (1) year period or portion thereof. The terms, conditions, and prices for the contract extension option shall be by mutual agreement between the Contractor and the State. If a mutual agreement cannot be met the contract may be terminated at the end of the current contract term.

CONTRACT USAGE/RULESA. State DepartmentsThe use of this contract is mandatory for all State of California departments except in cases of emergency as defined in Public Contract Code (PCC), Section 1102.State departments must adhere to all applicable State laws, regulations, policies, best practices, and purchasing authority requirements, e.g. California Codes, Code of Regulations, State Administrative Manual, Management Memos, and State Contracting Manual Volume 3 and SCM-F as applicable.Prior to placing orders against this contract, State departments must have been granted ITpurchasing authority by the Department of General Services, Procurement Division (DGS-PD) for the use of this statewide contract. State departments that have not been granted purchasing authority by DGS-PD for the use of the State’s statewide contracts may contact DGS-PD’s Purchasing Authority Management Section by e-mail at [email protected] departments must have a Department of General Services (DGS) agency billing codeprior to placing orders against this contract. Ordering departments may contact their Purchasing Authority contact or their department’s fiscal office to obtain this information. B. Local Governmental AgenciesLocal governmental agency use of this contract is optional.Local government agencies are defined in Public Contract Code Chapter 2, Section 10298 (a) (b) and 10299 (b); this includes the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges empowered to expend public funds for the acquisition of products While the State makes this contract available to local governmental agencies, each local governmental agency should determine whether this contract is consistent with its procurement policies and regulations. Local governmental agencies shall have the same rights and privileges as State departmentsunder the terms of this contract. Any local governmental agencies desiring to participate shall be required to adhere to the same responsibilities as do State departments and have no authority to amend, modify or change any condition of the contract.

Department of General Services Rugged Tablets/Rugged 2-in-1 DevicesProcurement Division Contract 1-21-70-08H, Supplement 4 March 03, 20237
A DGS issued billing code is not required for local governmental agencies to place orders against this contract. C. Unless otherwise specified within this document, the term “ordering agencies” will refer to all State departments and/or local governmental agencies eligible to utilize this contract. Ordering and/or usage instructions exclusive to State departments or local governmental agencies shall be identified within each article.

DGS ADMINISTRATIVE FEESA. State DepartmentsThe DGS will bill each State department an administrative fee for use of this statewide contract. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS.Current fees are available online in the Price Book & Directory of Services(https://www.dgs.ca.gov/OFS/Price-Book) (go to Price Book Download and click on Purchasing under Procurement Division).B. Local Governmental AgenciesFor all local government agency transactions issued against the contract, the Contractor is required to remit the DGS-PD an Incentive Fee of an amount equal to 1.25 percent of the total purchase order amount excluding taxes and freight. This Incentive Fee shall not be included in the local governmental agency’s purchase price, nor invoiced or charged to the local governmental agency. All prices quoted to local governmental agencies shall reflect State contract pricing, including any and all applicable discounts, and shall include no other add-on fees.

SB/DVBE OFF-RAMP PROVISIONThe Rugged Tablet and Rugged 2-in-1 Devices Statewide Contract 1-21-70-08H is mandatoryfor use by all State of California departments except when the “SB/DVBE Off-Ramp” provision is utilized. The SB/DVBE Off-Ramp provision allows a State department to, at its option, purchase contract items from a certified Small Business (SB), including a “microbusiness” (MB), or a Disabled Veteran Business Enterprise (DVBE) in accordance with the rules outlined within this document.The rules outlined herein are exclusive to the Rugged Tablets and Rugged 2-in-1 Devices Statewide Contract 1-21-70-08H and do not affect any other contract. Departments may not use the SB/DVBE Off-ramp provision to buy outside of the mandatory statewide contract if the rules cannot be applied. In these situations, the purchase must be made through the mandatory statewide contract.A. SB/DVBE Off-ramp Provision Usage RulesIn order to utilize the SB/DVBE Off-ramp provision, departments must comply with the following usage rules:

Department of General Services Rugged Tablets/Rugged 2-in-1 DevicesProcurement Division Contract 1-21-70-08H, Supplement 4 March 03, 20238
RequirementDescription / Procedure Purchasing Authority Departments must have approved Purchasing Authority Category for SB/DVBE Option per GC section 14838.5(a) granted by the DGS-PD in order to utilize the SB/DVBE Off-Ramp provision as identified within the statewide contract.Transaction Limits Transactions must be less than $250,000 excluding sales and use tax, finance charges, postage, and handling charges. Supplier CertificationsSB/DVBE Offramp purchases must be made to a supplier with a current California SB or DVBE certification. State departments can verify certifications at the following website: www.caleprocure.ca.govPrice Quotations Departments must obtain price quotations from California-certified SB, MB, or DVBE supplier(s) as follows: For purchases between $0 and under $5,000, departments must obtain at least one (1) phone quote or written quote from a Certified SB/DVBE. For purchases between $5,000 and under $250,000, departments must obtain at least two (2) price quotations. Refer to SCM Volume 3, Chap.4. Quotesmust be obtained from suppliers of the same certification type (SB or DVBE). EvaluationState departments must document in the procurement file that the products being purchased are: 1) The same brand and modelas the products available from the statewide contract including product description, functional requirements, and manufacturer warranties as provided in the statewide contract; and2) *Within 5 percent of*the pricing offered from the statewide contract for the equivalent products based on the total order value before taxes.

Department of General Services Rugged Tablets/Rugged 2-in-1 DevicesProcurement Division Contract 1-21-70-08H, Supplement 4 March 03, 20239
RequirementDescription / Procedure Identifying Off Ramp purchases Departments electing to exercise the Off Ramp provision by conducting a Fair and Reasonable or SB/DVBE Option purchase, must identify use of the Off Ramp provision as follows: FI$CAL Purchase OrdersSelect the appropriate acquisition method (Fair and Reasonable or SB or DVBE Option – COMPETITIVE). Do not select a LPA Contract ID. In the PO Reference field, enter “OFF RAMP” and the LPA contract number the Fair and Reasonable or SB/DVBE Option is replacing. STD. 65 Purchasing Authority Purchase OrdersOn the STD. 65, enter “OFF RAMP” in the box titled “Leveraged Procurement Agreement No.” as shown in the example below. B. Off Ramp Documentation RequirementDescription / ProcedureOff Ramp Documentation The procurement file must be documented to support the contract award and the action taken including the following documents: Copy of Statewide Contract User Instructions in support of executing a SB/DVBE purchase outside of the mandatory contact. Statewide contract pricing sheet, highlighting the equivalent products being purchased and used for evaluation. SB or DVBE price quotes obtained.SB or DVBE certification verification.

Department of General Services Rugged Tablets/Rugged 2-in-1 DevicesProcurement Division Contract 1-21-70-08H, Supplement 4 March 03, 202310
RequirementDescription / ProcedureRefer to SCM Volume 3 for additional documentation requirements.

EXEMPT PURCHASESTo purchase Rugged Tablets/ Rugged 2-in-1 Devices other than the contract Rugged Tablets/Rugged 2-in-1 Devices requires an approved exemption from the State Contract Administrator. Please refer to Hardware Contract Exemption(https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-an-IT-Hardware-Contract-Exemption) for information and the required justification forms regarding the exemption process.

PROBLEM RESOLUTION/SUPPLIER PERFORMANCEOrdering agencies and/or Contractor shall inform the State Contract Administrator of any technical or contractual difficulties encountered during contract performance in a timely manner. This includes and is not limited to informal disputes, supplier performance, outstanding deliveries, etc. The ordering agency should include all relevant information and/or documentation (e.g., purchase documents).

CONTRACT ITEMSCategoryContract DiscountRugged Tablets 23%Rugged 2-in-1 Devices 23%Accessories/Peripherals 23%Warranty/Services 14%A. Core ItemsAll items in Attachment A, Contract Pricing, must meet or exceed all minimum technical requirements detailed in Attachment B, Minimum Technical Requirements. Upgrades and Options are intended to augment proposed configurations. Extended Warranty Options are available as Service Options and Upgrades and are intended to augment the warranty furnished with the contract equipment. Offers for core items at a lesser discount will not be considered.Contractor shall provide the Value Added Services listed in Attachment A, Contract Pricing, related to Rugged Tablets/Rugged 2-in-1 Devices. A statement of work (SOW) may be required when some Value Added Services are ordered.

Department of General Services Rugged Tablets/Rugged 2-in-1 DevicesProcurement Division Contract 1-21-70-08H, Supplement 4 March 03, 202311
A SOW is required for all purchases that include Deployment and Logistics (D&L). D&L is limited to the subtasks outlined in Attachment D, Deployment and Logistics Breakdown. The D&L subtasks are broken down into project based and product-based tasks. The product-based tasks have a per unit time-base assigned. The timeframes noted on Attachment D for product-based tasks cannot change. The timeframes for project-based tasks will depend on the scope of the project (number of units ordered, staggered delivery to a single or multiple locations, etc.). Ordering agencies should review the timeframes the Contractor is charging for project-based tasks to determine if they are appropriate.Once a SOW is submitted to the Contractor, the Contractor shall use Attachment D, Deployment and Logistics Breakdown to identify the specific tasks they will performing as well as a time breakdown per task/unit. The Contractor’s final D&L breakdown should be included in the SOW and the total hours should be listed on the quote. Subtasks not shown in the breakdown shall not be included in the D&L. B. Non-Core ProductsOnly products meeting or exceeding the specifications of Attachment B, Minimum Technical Requirements, within the scope of the Rugged Tabelts/Rugged 2-in-1 Devices categoriesmay be purchased under this contract. Non-Core items meeting or exceeding the specifications may be quoted by the Contractor. The base criteria to consider non-core items are:All items are directly related to the common configuration.The discounts and the List Price from the OEM’s most current publically available Index meet the contract discount for that type of item.Items do not conflict with any other mandatory statewide commodities contract.Non-Core Items must be offered at the same core discount appropriate for the product type: Rugged Tablets, Rugged 2-in-1 Devices, Accessories/Peripherals, Warranty/Serivces, or Value Added Services. Offers for non-core items may be offered at a greater discount than the contract discount. Offers for non-core items at a lesser discount will not be considered.Products outside the scope of the Rugged Tablets and Rugged 2-in-1 Devices categoriesmay not be purchased from this contract. State departments may request an Exemption and these requests require approval by the DGS-PD State Contract Administrator. Refer to Article 5, Exempt Purchases.

SPECIFICATIONSAll products listed on Attachment A, Contract Pricing, conform to Attachment B, Bid Minimum Technical Requirements.

Department of General Services Rugged Tablets/Rugged 2-in-1 DevicesProcurement Division Contract 1-21-70-08H, Supplement 4 March 03, 202312
CUSTOMER SERVICEThe Contractor will have a customer service unit that is dedicated to this contract. The customer service unit provides office and personnel resources for responding to inquiries, including telephone and email coverage weekdays during the hours of 8:00 a.m. - 5:00 p.m., PT. The customer service unit shall be staffed with individuals that:Are trained in the requirements of this contractHave the authority to take administrative action to correct problems that may occur The Contractor’s customer service unit shall respond to all customer inquiries within one (1) business day of initial contact. ContactPhoneEmailLuke Anderson (847) [email protected] ELECTRONIC CATALOG/CONTRACT WEBSITE CONTENTSAn Electronic Catalog / Contract Website specific to the Statewide contract for Panasonic Rugged Tablets and Rugged 2-in-1 Devices is available and contains the following data elements at minimum: Commercially available OEM Price List (current and archives)Contract Websitehttp://www.cdwg.com/PanasonicDGSTablets NON-CORE QUOTE FORMATThe Contractor shall provide a non-core quote to ordering agencies in MS Excel spreadsheet format that contain at minimum the following information:Contractor LetterheadQuote “Prepared By” Name and Contact InformationQuote NumberDate of QuoteOrdering Agency NameOrdering Agency Contact PersonContract NumberContract Line Item Number (CLIN)QuantityCore/Non-Core (Y/N)Description of ItemManufacturer’s Part Number/SKUOEM Price List/Index PriceContract Discount Department of General Services Rugged Tablets/Rugged 2-in-1 DevicesProcurement Division Contract 1-21-70-08H, Supplement 4 March 03, 202313
Contract Unit PriceExtended Price (Quantity x Contract Price)Subtotals of Taxable and Non-Taxable ItemsRate and Calculated TaxApplicable FeesGrand Total PRODUCT SUBSTITUTIONS/DISCONTINUED ITEMSDevices meeting or exceeding the category requirements shall be available throughout the duration of the contract term. The contract provides for technology refresh as models are discontinued or cease production and must be approved by the State Contract Administrator. These changes will be made in the form of a contract supplement and will not be effective until the supplement’s release. The Contractor shall not substitute products or requirements or modify catalog information without written approval from the State Contract Administrator.The Contractor will maintain the contract discount as bid throughout the original term of the contract and any extensions, including upon approved substitution.If no substitute product is available that meets or exceeds the specifications due to fundamental technology or market change, the State may alter the requirements to meet the updated marketplace standards. Obsolescence of a product may be determined at the discretion of the State.Items with the same model number or SKU available elsewhere on the contract shall be made available to the State at the highest discount.

PROMOTIONAL PRICINGDuring special pricing promotions, the Contractor shall offer ordering agencies purchasers the promotional pricing or the discount percentage off list, whichever is lower.The Contractor shall notify the State Contract Administrator of all promotional pricing changes. Notification shall include at a minimum:Promotion start and end datesModels, products, and services included in the promotionPromotional pricingPromotional pricing shall not be cause for a permanent change in pricing. Promotional pricing shall not be cause for Contractor refresh.Promotional items shall come with all benefits of the statewide contract terms and conditions and shall include all provisions such as warranty and delivery.

STATE AGENCY INFORMATION TECHNOLOGY CERTFICATION REQUIREMENTThis requirement does not apply to local government agencies.

Department of General Services Rugged Tablets/Rugged 2-in-1 DevicesProcurement Division Contract 1-21-70-08H, Supplement 4 March 03, 202314
For State departments, a signed certification of compliance with state information technology (IT) policies is required for all IT acquisitions of hardware, software, and services that cost $5,000 or more. The policy and required format is provided in SAM Section 4819.41.

PURCHASE EXECUTIONA. State Departments 1) Std. 65 Purchase DocumentsState departments not transacting in FI$CAL must use the Purchasing Authority Purchase Order (Std. 65) for purchase execution. An electronic version of the Std. 65 is available at the Office of State Publishing web site(https://www.dgsapps.dgs.ca.gov/osp/StatewideFormsWeb/Forms.aspx) (select STDForms). All Purchasing Authority Purchase Orders (Std. 65) must contain the following:Agency Order Number (Purchase Order Number)Ordering Agency NameAgency Billing CodePurchasing Authority NumberLeveraged Procurement Number (Contract Number)Supplier Information (Contact Name, Address, Phone Number, Fax Number, E-mail)Line Item numberQuantityUnit of MeasureCommodity Code NumberProduct DescriptionUnit PriceExtension Price2) FI$CAL Purchase DocumentsState departments transacting in FI$CAL will follow the FI$CAL procurement and contracting procedures.3) Blanket OrdersThe use of blanket purchase orders against this statewide contract is not allowed.B. Local Governmental AgenciesLocal governmental agencies may use their own purchase document for purchase execution. The purchase documents must include the same data elements as listed above (Exception: Purchasing Authority Number and Billing Code which are used by State departments only).

Department of General Services Rugged Tablets/Rugged 2-in-1 DevicesProcurement Division Contract 1-21-70-08H, Supplement 4 March 03, 202315
MINIMUM ORDERThe minimum order shall be one (1) Rugged Tablet or Rugged 2-in-1 Device.VAS cannot be purchased as a stand-alone item. VAS can only be purchased with the purchase of a device. If an ordering agency determines there is a need for VAS and it was not included on their initial PO, the ordering agency may purchase after the initial PO, but it can be only for product purchased from this contract.Optional Accessories cannot be purchased as stand-alone items. They can only be purchased with the purchase of a complete configuration. If an ordering agency determines there is a need for these items and they were not included on their initial PO, the ordering agency may purchase these items after the initial PO, but it must be within ninety (90) days of the initial PO and the items must be for the product purchased from the contract only. Extended Warranties may be purchased after the initial PO if it is purchased prior to the current warranty’s expiration. Extended Warranties can only be purchased for product purchased from this contract. If agencies are unable to amend the initial PO, they may issue a new PO as long as it is tied back to the initial PO (i.e., comment included on new PO). Additional and/or amended PO’s must be issued prior to contract expiration.

ORDERING PROCEDUREOrdering agencies are to submit appropriate purchase documents directly to the Contractor via one of the following ordering methods:U.S. MailFacsimileEmailThe Contractor’s Order Placement Information is as follows:ORDER PLACEMENT INFORMATIONUS Mail:230 N. Milwaukee AveVernon Hills, IL 60061Fax: (847) 419-8616Email:[email protected] using any of the ordering methods specified above, all State departments must conform to proper State procedures.

ORDER ACCEPTANCEThe Contractor shall accept orders from any ordering agency. The Contractor shall not accept purchase documents for this contract that:Are incomplete Department of General Services Rugged Tablets/Rugged 2-in-1 DevicesProcurement Division Contract 1-21-70-08H, Supplement 4 March 03, 202316
Contain non-contract itemsContain non-contract terms and conditionsThe Contractor must not refuse to accept orders from any ordering agency for any other reason without written authorization from the State Contract Administrator.

ORDER RECEIPT CONFIRMATIONThe Contractor will provide ordering agencies with an email or facsimile order receipt confirmationwithin one (1) business day of receipt of purchase document. The Order Receipt Confirmation shall include the following information:Ordering agency nameAgency order number (purchase order number)Purchase order total costAnticipated delivery date OUT OF STOCK REMEDYUpon receipt of an order acknowledgment identifying out of stock items, the ordering agencies shall have the following options:Request a back orderCancel the item from the order with no penaltyThe Contractor will provide notification to the ordering agencies regarding out-of-stock items which have been back ordered. Under no circumstance is the Contractor permitted to make substitutions with non-contract items or unauthorized products.

DISCONTINUED ITEM REMEDYUpon receipt of an order acknowledgment identifying discontinued items, the ordering agencies shall have the following options:Amend purchase document to reflect State-approved substitute item (per Article 12, Product Substitutions/Discontinued Items)Cancel the item from the orderUnder no circumstance is the Contractor permitted to make substitutions with non-contract items or unauthorized products without approval from the State Contract Administrator.

DELIVERY SCHEDULESDelivery for orders placed against this contract shall be in accordance with the following:A. Locations Department of General Services Rugged Tablets/Rugged 2-in-1 DevicesProcurement Division Contract 1-21-70-08H, Supplement 4 March 03, 202317
Deliveries are to be made (statewide) to the location specified on the individual purchase order, which may include, but not limited to inside buildings, high-rise office buildings, and receiving docks. B. ScheduleDelivery of ordered product shall be completed in full within thirty (30) calendar days after receipt of an order (ARO). Since receiving hours for each ordering agency will vary by facility, it will be the Contractor’s responsibility to check with each ordering agency for their specific delivery hours before delivery occurs. The Contractor must notify the ordering agency within twelve (12) hours of scheduled delivery time, if delivery cannot be made within the time frame specified on the Order Receipt Confirmation.The Contractor is requested to make deliveries in Los Angeles County, Orange County, San Bernardino Metropolitan Area, and San Diego Metropolitan Area during off-peak hours. Off-peak hours are Monday through Friday, 10:00 AM to 4:00 PM PT. C. Security RequirementsDeliveries may be made to locations inside secure institutional grounds (such as the California State Prisons) that require prior clearances to be made for delivery drivers. Since security clearance procedures for each facility may vary, it will be the Contractor’s responsibility for contacting the secure location for security clearance procedures, hours of operation for deliveries and service, dress code, and other rules of delivery.

FREE ON BOARD (F.O.B.) DESTINATIONAll prices are F.O.B. destination; freight prepaid by the Contractor, to the ordering agency’sreceiving point. Responsibility and liability for loss or damage for all orders will remain with the Contractor until final inspection and acceptance, when all responsibility will pass to the ordering agency, except the responsibility for latent defects, fraud, and the warranty obligations.

SHIPPED ORDERSAll shipments shall be in accordance with the General Provisions, Article 12 entitled “Packing and Shipment”.

PACKING SLIPA packing slip will be included with each shipment, which will include at least the following information in no particular order:Agency order number (purchase order number)Ordering agency nameLine item descriptionQuantity orderedQuantity included in shipmentAny back ordered or out of stock items and availability date of unfilled and partial shipment Department of General Services Rugged Tablets/Rugged 2-in-1 DevicesProcurement Division Contract 1-21-70-08H, Supplement 4 March 03, 202318
DestinationAll information contained on the packing label PACKING LABELA packing label will also be included with each order shipped and include the following items, visible on the outside of the box:Ordering agency nameDelivery address, unit, and/or floorDepartment and floorOrdering agency contact nameOrdering agency telephone number SAFETY DATA SHEETThe Contractor shall provide a Safety Data Sheet for product(s) subject to Title 8 of the California Code of Regulations, Section 5194, Hazard Communication. The Safety Data Sheet is to be prepared and delivered in accordance with this Section.

INSTALLATIONInstallation is available on the contract as a Value Added Service. Physical installation includes coordination of installation with State representative, power-up, installation of latest firmware, installation of software and updates and, if applicable, removal of trade-in equipment and dunnage. Testing and diagnostics must include execution of a suite of hardware and software. The basic configuration must be completed and accepted by a State representative. Installation shall include electronic documentation, including configuration instructions, at no additional price. Installation may be purchased at the price shown on Attachment A, Contract Pricing. This line item requires a Statement of Work.

INSPECTION AND ACCEPTANCEInspection and acceptance shall be in accordance with the General Provisions, paragraph 16 titled Inspection, Acceptance and Rejection (General Provisions - Information Technology, Rev. 09/05/2014).

CONTRACT ADMINISTRATIONBoth the State and the Contractor have assigned contract administrators as the single points of contact for problem resolution and related contract issues.Administrator InformationDGS-PDCDW Government LLCContact Name:Sarah Samaan Ben EstesTelephone:279-946-8324 (469) 587-0448, Ext: 80448Facsimile:(916) 375-4613 (847) 419-8616Email:[email protected]@cdwg.com Department of General Services Rugged Tablets/Rugged 2-in-1 DevicesProcurement Division Contract 1-21-70-08H, Supplement 4 March 03, 202319
Administrator InformationDGS-PDCDW Government LLCAddress:DGS/Procurement DivisionAttn: Sarah Samaan707 Third Street, 2ndFloor, MS 201West Sacramento, CA 95605CDW Government LLCAttn: Ben Estes230 N. Milwaukee AveVernon Hills, IL 60061 RETURN POLICYContractor will accept all unopened products for return if returned prior to acceptance by the State in accordance with Artilce 29, Inspection and Acceptance. Contractor shall offer a credit or refund in accordance with Article 32, Credit Policy. Contractor may impose a Restocking Fee in accordance with Section Article 33, Restocking Fees.Products returned should be in the packaging as delivered and include all documentation. Lost or damaged packaging materials and/or documentation shall be supplied by the Contractor. The Contractor shall not charge for these materials in excess of the Contractor’s cost or the Restocking Fee, in accordance with Article 33, Restocking Fees, whichever is lower. The Contractor shall provide the State Contract Administrator and/or ordering department a copy of the Contractor’s material cost, if requested, within ten (10) days of request.All returns shall be picked up within seven (7) working days of notification. Notification is defined as notice in writing, by facsimile or e-mail. Shipping or freight costs for returned items that were shipped in error, defective or freight-damaged shall be paid by the Contractor.

CREDIT POLICYThe Contractor shall offer a full credit/refund for the following items:Items shipped in errorDefective or freight-damaged itemsUnopened product (prior to acceptance)All other items returned in accordance with Article 31, Return Policy, shall receive credit or refund, less any applicable restocking fees in accordance with Article 33, Restocking Fees. In all cases, the ordering agency shall have the option of taking an exchange, receiving a credit, or receiving a refund.The Contractor will be responsible for the credit/refund or replacement of all products, including those covered by manufacturer warranties as stated in Article 39, Warranty. Contractor cannot require the ordering agency to deal directly with the manufacturer.

RESTOCKING FEESThe Contractor will not impose a restocking fee on the ordering agency for the following situations:

Department of General Services Rugged Tablets/Rugged 2-in-1 DevicesProcurement Division Contract 1-21-70-08H, Supplement 4 March 03, 202320
Items returned that were damaged upon receiptIncorrect items shippedDefective itemsItems that are not acceptedUnopened product (prior to acceptance)Re-stocking fees for all other reasons can be no greater than ten percent (10%) of the value of the items needing re-stocking.The packaging and documentation provisions of Article 31, Return Policy, shall apply to re-stocked items.

INVOICINGOrdering agencies may require separate invoicing, as specified by each ordering agency. Invoices will contain the following information:Contractor’s name, address and telephone number Leveraged Procurement Agreement Number (Contract Number)Agency order number (purchase order number)Item and commodity code numberQuantity purchasedContract price and extensionState sales and/or use tax Prompt payment discounts/cash discounts, if applicableTotals for each orderInvoices shall be submitted to the ordering agencies within seven (7) calendar days from date of delivery.

PAYMENTA. Terms Payment terms for this contract are net forty-five (45) days. Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927, et seq. Unless expressly exempted by statute, the Act requires State departments to pay properly submitted, undisputed invoices not more than forty-five (45) days after the date of acceptance of goods, performance of services, or receipt of an undisputed invoice, whichever is later.B. CAL-Card UseState departments may use the CAL-Card for the payment of invoices. Use of the CAL-Card requires the execution of a Purchasing Authority Purchase Order (Std. 65) in accordance with Department of General Services Rugged Tablets/Rugged 2-in-1 DevicesProcurement Division Contract 1-21-70-08H, Supplement 4 March 03, 202321
Article 15, Purchase Execution and must include all required documentation applicable to the purchase.The CAL-Card is a payment mechanism, not a procurement approach and, therefore, does not relieve State departments from adhering to all procurement laws, regulations, policies, procedures, and best practices, including those discussed in the State Contracting Manual(SCM) Volume 3 and SCM-F. This includes but is not limited to the application of all sales and use tax laws, rules and policies as applicable to the purchase. C. State Financial MarketplaceState departments reserve the right to select the form of payment for all procurements, be it either an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS $Mart and/or Lease $Mart). If payment is via the financial marketplace, the Contractor will invoice the State department and the State department will approve the invoice and the selected Lender/Lessor for all product listed on the State's procurement document will pay the Contractor on behalf of the State.D. Payee Data RecordEach State department’s accounting office must have a copy of the Contractor’s Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting offices. Without the Std. 204, payment may be unnecessarily delayed. State departments should contact the Contractor for copies of the Payee Data Record.

CAL-CARD INVOICINGAll CAL-Card invoices are to be processed separately from other payment methods and include the elements identified in Article 34, Invoicing. CAL-Card invoices shall be submitted to the CAL-Card account holder. The total invoice amount for each CAL-Card order must reflect a zero (0)balance due or credit, if applicable, and state “paid by CAL-Card”. This website contains additional information regarding DGS-PD’s CAL-Card program(https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Enroll-in-CAL-Card-Program-for-Government-Entities).

CALIFORNIA SELLER’S PERMITThe California seller permit number for the Contractor is listed below. Ordering Agencies can verify that permits are currently valid at the following website: www.cdtfa.ca.gov. State departments must adhere to the file documentation identified in the State Contracting Manual Volume 3 and SCM-F.Contractor NameSeller Permit #CDW Government LLC 101-346422 Department of General Services Rugged Tablets/Rugged 2-in-1 DevicesProcurement Division Contract 1-21-70-08H, Supplement 4 March 03, 202322
ACCESSIBILITY COMPLIANCE/ VOLUNTARY PRODUCT ACCESSIBILITY TEMPLATE (VPAT)Contract products are compliant with requirements for accessibility based on Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) are determined to be relevant for this procurement.

WARRANTYThe Contractor must honor the manufactures’ warranties and guarantees for the term required in Attachment B – Minimum Specification for the product type from the date of acceptance on all products offered as part of this contract. The Contractor shall bear all material and labor costs for repair of equipment defects and failure. The Contractor shall be the main point of contact for all warranty issues and shall facilitate any necessary contact between the ordering agency and the manufacturer.During the warranty period, the Contractor must:Honor all manufacturers’ warranties and guarantees on all products offered through the contract. Continue to provide warranty service after contract termination until expiration of warranties for products that have been sold under the contract.Provide all labor, parts, and travel necessary to keep the products in good operating condition and preserve its operating efficiency in accordance with its technical specifications.Pay any necessary shipment and insurance costs. The warranty services listed shall include all products, software and firmware maintenance costs and costs of labor, parts, travel, factory overhaul, rehabilitation, transportation and substitute products as necessary. If it is necessary to remove any products from an authorized purchaser’s location where on-site warranty is specified, the Contractor will provide substitute products at the time of removal. Substitute products will be comparable to or better than the products removed. In instances where it is necessary for the Contractor to return the products to the factory, the Contractor will be responsible for all costs of the products from the time it leaves the authorized purchaser’s site until it is returned to the site in good operating condition. Only new standard parts or parts equal in performance to new parts will be used in effecting repairs. Parts that have been replaced will become the property of the Contractor except in instances where the State chooses to keep the hard drives. Replacement parts installed will become the property of the authorized purchaser.All operating system software and firmware will be considered an integral component of the equipment and the Contractor will respond to all requests for warranty service for any failure.Warranty services during the warranty period will not include electrical work external to the products, the furnishing of supplies, or adding or removing accessories, attachments, or other devices not provided under this contract. Warranty services also will not include repair of damage resulting from transportation by the authorized purchaser between State or local sites or from Department of General Services Rugged Tablets/Rugged 2-in-1 DevicesProcurement Division Contract 1-21-70-08H, Supplement 4 March 03, 202323
accident unless the accident is caused by negligent or intentional acts or omissions of Contractor or its agents.Contractor shall offer upgraded/extended warranty at the discount off list price in Attachment A, Contract Pricing.

QUALITY ASSURANCE GUARANTEESThe Contractor shall represent and warrant that Rugged Tablets/Rugged 2-in-1 Devices provided shall be free from defects in material and workmanship, given normal use and care, over the period of the manufacturer warranty. The terms of this contract will supersede any language to the contrary on purchase orders, invoices, or other sources. Contractors must use new products, parts, and components for all new equipment purchased by the State. Contractors may use parts that are equal in performance to new parts for warranty replacement repair parts only if it does not violate manufacturers’ warranty.

EQUIPMENT REPLACEMENT DURING WARRANTYIf the product provided fails to perform in accordance with technical specifications and functional descriptions contained or referenced in the contract agreement and is subject to warranty response three (3) or more times during any ninety (90) day period, the Contractor will upon the ordering agency’s request, replace the product at no price. The replacement product(s) will be delivered no later than fifteen (15) working days after the ordering agency’s request is received by the Contractor. Replacement goods cannot be used, refurbished or recycled, and must be of equal or greater value.

RECYCLED CONTENTState departments are required to report purchases in many product categories. The Postconsumer-Content Certification Form for the Contractor is attached (Attachment C).

SB/DVBE PARTICIPATIONThe Small Business (SB) and Disabled Veteran Business Enterprise (DVBE) certifications and percentages for the Subcontractors is listed below. State departments can verify that the certification is currently valid at the following website: www.caleprocure.ca.govNamePrime or SubcontractorOSDS Certification #SB Percent (%)DVBE Percent (%)Work to be PerformedAggreGateway LLCSubcontractor 2018597 4% 4%Installation, Project Management, Take-BackState departments must identify Subcontractors on individual purchase documents whenever Subcontractors have been identified.The Contractor has committed to SB and DVBE participation at total statewide contract levels of 4%.

Department of General Services Rugged Tablets/Rugged 2-in-1 DevicesProcurement Division Contract 1-21-70-08H, Supplement 4 March 03, 202324
Individual orders may have no applicable participation or may have participation greater than that of the total contract commitment. Ordering agencies must verify the participation amount with the contractor. The exact participation percentage levels for each purchase order will be determined on an order-by-order basis in cooperation with the Contractor prior to submittal of a Purchase Order.Exception: It is the responsibility of ordering departments to confirm CUF when value-added services are acquired by an ordering department and performed by certified SB/DVBE Subcontractors consistent with commitments identified in the table above.Any irregularities or concerns regarding prime or SB/DVBE sub-contractor responsibilities are to be immediately documented and reported to the State’s contract administrator for further investigation. Information provided to the State’s contract administrator includes, but is not limited to:Copy of executed purchase documentValue-added service descriptionWork performance issue or concernDepartment contact name, email, and phone numberDepartments may request from the Contractor a monthly report providing the SB/DVBE participation levels on purchase orders.

CERTIFICATION OF PAYMENTS TO DVBE SUBCONTRACTORSIn accordance with the State Contracting Manual, Volume 2, Section 1203.1, DGS-PD has prescribed an alternative mechanism for enforcing the DVBE subcontractor payment certification requirement on this Statewide Contract. State departments shall not collect a certified Prime Contractor’s Certification – DVBE Subcontracting Report (STD. 817) from the Contractor. During the contract term, and upon completion of the contract for which a DVBE subcontractor commitment was made, DGS-PD will require the Contractor to certify that all participation commitments and payments under the contract have been made to the DVBE.

BIDDER DECLARATION/COMMERCIALLY USEFUL FUNCTION (CUF)The DGS-PD, as the awarding department, has assessed the Contractor and Subcontractor certifications ( i.e. Darfur, Russian Sanctions, SB/DVBE, etc.), Bidder Declaration, and CUF during the solicitation evaluation process. Consequently, when executing purchase documents pursuant to this contract, it is not necessary for State departments operating under statewide contract purchasing authority to request the completion of a Bidder Declaration document or perform additional CUF analysis. The State department should make a notation of this within their procurement file.Exception: It is the responsibility of ordering departments to confirm CUF when value-added services are acquired by an ordering department and performed by certified SB/DVBE Subcontractors consistent with commitments identified in the table above.

TAKE BACK
Department of General Services Rugged Tablets/Rugged 2-in-1 DevicesProcurement Division Contract 1-21-70-08H, Supplement 4 March 03, 202325
Before any Take Back can occur, State departments must obtain approval for discarding their IT equipment from the DGS Surplus Property and Reutilization Program. In accordance with the State Administrative Manual (SAM), Chapter 5900, Information Technology-Disposal of IT Equipment, each State department must explore the reutilization of surplus IT equipment prior to requesting approval for recycling or attempting to use the equipment as a credit toward the purchase of new equipment.CDWG will work with the OEM and customers to ensure that take-back equipment isreused, reconditioned, or recycled.The following steps will be taken by ordering agencies to get started:Identify the equipment being returned for recycleContact Contractor to arrange for pickupContractor will be responsible for facilitating the pick-up and return of this equipment to aContractor/OEM facility. Upon return to an OEM facility, the equipment will either be refurbished; or torn down and the refurbished product or parts will be remarketed through an alternate market per secure DOD standards. If the products or parts are not re-marketable the equipment will be recycled.

TRADE-INBefore Trade-In can occur, State departments must obtain approval for discarding their IT equipment from the DGS Surplus Property and Reutilization Program. In accordance with the State Administrative Manual (SAM), Chapter 5900, Information Technology-Disposal of IT Equipment, each State department must explore the reutilization of surplus IT equipment prior to requesting approval for recycling or attempting to use the equipment as a credit toward the purchase of new equipment.The following steps will be taken by ordering agencies to get started:Identify the equipment being returned for credit or recycleContact Contractor for a quote/estimate for trade-in for value/credit towards a purchaseContact Contractor to arrange for pickupRemove and retain data storage media (including but not limited to any hard disk drive(s) in the data storage device) prior to Trade-In or replacement, if defective.Contractor will be responsible for facilitating the pick-up and return of this equipment to aContractor/OEM facility. Upon return to an OEM facility, the equipment will either be refurbished; or torn down and the refurbished product or parts will be remarketed through an alternate market per secure DOD standards. If the products or parts are not re-marketable the equipment will be recycled.

ELECTRONIC WASTE RECYCLING The Contractor will comply with the Electronic Waste Recycling Act of 2003 requiring retailers to collect a recycling fee from consumers on covered electronic devices, starting January 1, 2005.

Department of General Services Rugged Tablets/Rugged 2-in-1 DevicesProcurement Division Contract 1-21-70-08H, Supplement 4 March 03, 202326
California Public Resources Code Section 42463(f) defines a "covered electronic device" as a video display device containing a screen greater than four inches measured diagonally. The fees must be shown on all purchase orders. See the code identified above for more information and exceptions to this definition or go to CDTFA Tax Rates - Special Taxes and Fees(https://www.cdtfa.ca.gov/taxes-and-fees/tax-rates-stfd.htm) for a breakdown of the fees.

ATTACHMENTSAttachment A – Contract PricingAttachment B – Minimum Technical RequirementsAttachment C – Post Consumer Recycled Content (PCRC) Percentages WorksheetAttachment D – Deployment and Logistics Breakdown

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*Extended Warranty (if purchased) replaces the standard warranty. The cost of the Standard Warranty should be deducted from the unit price.Page 25 of 25

Contract Line ItemNumber (CLIN)
SABRC CompliantAntifreeze: 70%Compost, Co-Compost& Mulch: 80%Glass Products: 10%Lubricating Oils: 70%Metal Products: 10%Paint: 50%Paper Products: 30%Plastic Products: 10%Printing andWriting Papers: 30%Tire-DerivedProducts: 50%Retreated Tires

Event ID:Company Name:Company Address:Name (printed):Title:Signature:Date:

Letter of Certification
End of Sheet
Revised 6/26/2019
Stephanie SantaderDirector, Program SalesStephanie SantaderJune 3, 2021 Instructions: All Bidders shall print and sign this "Letter of Certification", certifying the minimum percentage, if not exact percentage, listed in the spreadsheet entitled "PCRC Percentages Worksheet" is the post consumer recycled content (PCRC) material in each product listed and offered in this contract. The certification shall be furnished under penalty of perjury.Pursuant to Public Contract Code 12205(a)(1), I certify under penalty of perjury under the laws of the State of California that the information provided in the PCRC Table worksheet in the Post-Consumer Recycled Content (PCRC) Percentages Workbook is true and correct.14575CDW Government LLC230 N. Milwaukee Ave.

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Attachment_D_-_D_L_Breakdown.xlsx 4/26/2023
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