Procurement Division
DGS CALIFORNIA DEPARTMENT OF
GENERAL SERVICES 707 Third Street, 2nd Floor, MS #2-202 West Sacramento, CA 95605-2811
State of California
SOFTWARE LICENSING PROGRAM (SLP)
AMENDMENT NO. 2
softwarelicensingprogram
Contractor: AHEAD, Inc. which will do business in California as Kovarus, Inc Contract Number: SLP-22-70-0151Y
SLP Contract Term: 09/22/2022 through 08/15/2025
Contract Base: VMware Offer Number VMWARE-SLP-2022
This amendment is being issued to:
Add the provision "GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) REPORTING"
GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) REPORTING
1. State Agencies
State agencies are required to obtain a GenAl Reporting and Factsheet (STD 1000) from the Contractor prior to award.
If GenAl is disclosed by the Contractor, state agencies must follow the required GenAl purchase procedures outlined in State Contracting Manual (SCM) Volume 2, Chapter 23, Generative Artificial Intelligence (GenAI). State agencies must retain the STD 1000 and confirmation the purchase may proceed in their procurement file.
2. Contractor
Upon request by an ordering agency, Contractor must complete a GenAl Reporting and Fact Sheet (STD 1000) to identify if their solution or service includes, or makes available, any GenAl including, GenAl from third parties or subcontractors.
During the term of the contract, Contractor must notify the State in writing if their services or any work under this contract includes, or makes available, any previously unreported GenAl technology, including GenAl from third parties or subcontractors. Contractor shall immediately complete the GenAl Reporting and Factsheet (STD 1000) to notify the State of any new or previously unreported GenAl technology.
At the direction of the State, Contractor shall discontinue the use of any new or previously undisclosed GenAl technology that materially impacts functionality, risk or contract performance, until use of such GenAl technology has been approved by the State.
Failure to disclose GenAl use to the State and submit the GenAl Reporting and Factsheet (STD 1000) may be considered a breach of the contract by the State at its sole discretion and the State may consider such failure to disclose GenAl and/or failure to submit the GenAl Reporting and Factsheet (STD 1000) as grounds for the immediate termination of the contract. The State is entitled to seek any and all relief to which it may be entitled to as a result of such non-disclosure.
Procurement Division | State of California | California Government Operations Agency 707 3rd Street, 2ndFloor | West Sacramento, CA 95605 | t 916.375-4400
SOFTWARE LICENSING PROGRAM (SLP)
KOVARUS, INC
SLP-22-70-0151Y AMENDMENT NO. 2
The State reserves the right to amend the contract, without additional cost, to incorporate GenAl Special Provisions into the contract at its sole discretion and/or terminate any contract that presents an unacceptable level of risk to the State.
If Contractor identifies GenAl in their solution, a copy of the STD 1000 must be submitted to the State Contract Administrator.
ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME.
For State of CA: For Contractor:
Original Signature on File Original Signature on File
Stephanne Lim Signature
Manager
Multiple Award Programs Section
Procurement Division Printed Title
Department of General Services
8/23/2024 Printed Name
Date
Company Name
Date
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ICALIFORNIA DEPARTMENT OF Procurement Division
DGS 707 Third Street, 2nd Floor, MS #2-202
GENERAL SERVICES
West Sacramento, CA 95605-2811
State of California
SOFTWARE LICENSING PROGRAM (SLP) AGREEMENT
softwarelicensingprogram
Contractor: Ahead, Inc. which will do business in California as Kovarus, Inc.
Contract Number: SLP-22-70-0151Y
SLP Contract Term: 09/22/2022 through 08/15/2025
Contract Base: VMware Offer Number VMWARE-SLP-2022
This contract is available for use by State of California departments and any city, county, special district, educational agency, local government body or corporation empowered to expend public funds. While the state makes this contract available, each local agency should make its own determination whether the SLP is consistent with their procurement policies and regulations.
The SLP Contractor is required to provide all SLP contract terms and conditions with the list of products, services and prices.
Terms and conditions listed below are hereby incorporated by reference and made a part of this SLP Agreement as if attached herein and shall apply to the purchase of goods or services made under this Participating Agreement. Contractor non-compliance with the requirements of this contract may result in contract termination.
By signing below, Contractor agrees to the General Provisions dated June 21, 2022, SaaS Cloud Computing Services Special Provisions dated March 15, 2018 and all other provisions included herein.
1) General Provisions - Information Technology (GSPD-401IT) effective 6/21/22 2) Cloud Computing Services Special Provisions (Software as a Service) effective 3/15/2018
General Provisions - Information Technology Cloud Computing Software as a Service (SaaS) effective 6/21/22
For State of CA: For Contractor:
Original Signature on File Original Signature on File
Stephanne Lim Signature
Manager
Multiple Award Programs Section
Procurement Division Printed Title
Department of General Services
Printed Name
Date
Company Name
Date
Procurement Division | State of California | California Government Operations Agency 707 3rd Street, 2ndFloor | West Sacramento, CA 95605 | t 916.375-4400
SOFTWARE LICENSING PROGRAM (SLP)
KOVARUS, INC.
SLP-22-70-0151Y
CONTRACTOR PROVIDES COPY OF SLP Quarterly Business Activity Reports THE CONTRACT AND SUPPLEMENTS are due in the SLP Unit within two weeks after the end of each quarter as shown
The SLP Contractors are required to below:
provide the entire contract that consists of
the following: Quarter 1 Jan 1 to Mar 31 Due Apr 15
Quarter 2 Apr 1 to Jun 30 Due Jul 15
• SLP Cover sheet with signatures from Quarter 3 Jul 1 to Sep 30 Due Oct 15 the DGS Procurement Division Deputy Quarter 4 Oct 1 to Dec 31 Due Jan 15 Director or designee and Contractor.
• Ordering instructions. Each contractor is required to remit to the • Std. 204 Payee Data Record. DGS-PD an incentive fee equal to 1.25% • SLP Contract terms and conditions of the total of all local government agency (General provisions). orders (excluding sales tax and freight) • Software License Agreement pricing. placed against their SLP contracts) for the • Supplements, if applicable applicable quarter.
CONTRACTOR QUARTERLY REPORTS The check covering this fee shall be made payable to the Department of General
Contractors are required to submit a Services, Software Licensing Program, and detailed report quarterly to the DGS be attached to the supporting SLP Procurement Division, Software Quarterly Report.
Licensing Program. A separate report is
required for each contract, as differentiated Mail report and check to:
by alpha suffix (if applicable). Contractors
with resellers are responsible for reporting Department of General Services reseller ordering activity. Any report that Procurement Division, SLP Unit does not follow the required format or that Quarterly Report Processing excludes information will be deemed PO Box 989052, MS 2-202 incomplete and returned to the contractor. Attn: Software Licensing Program West Sacramento, CA 95798-9052
All SLP contractors, including certified
Small Businesses and Disabled Veteran SLP Quarterly Reports which include a Business Enterprises, will be required to check made payable to the DGS-SLP Unit pay DGS-PD a 1.25% incentive fee for all must be mailed via hard-copy, and cannot be accepted via facsimile or e-mail.
orders placed by local government
agencies via a SLP contract. This policy New contracts for contractors with however, does not affect orders placed by existing contracts, and extensions or State government offices. State agencies
will continue to be billed the applicable renewals of existing contracts, will be approved ONLY if the contractor has
administrative use fee by the DGS-PD. submitted to the SLP Unit all quarterly The SLP Quarterly Business Activity reports, due. Each quarterly report is Report form separates sales to State and required within two weeks of the end of local government agencies. March, June, September, and December of each calendar year. A report is
required even when there is no activity.
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SLP-22-70-0151Y
The report must include the agency name, On March 4, 2022, Governor Gavin purchase order number, purchase order Newsom issued Executive Order N-6-22 date, state agency billing code, pre-tax (the EO) regarding Economic Sanctions total order cost, agency contact name, against Russia and Russian entities and address and phone number, and total individuals. "Economic Sanctions" refers to dollars for the quarter. Tax must NOT be sanctions imposed by the U.S. government included in the quarterly report, even if the in response to Russia's actions in Ukraine, agency includes tax on the purchase order. as well as any sanctions imposed under state law. The EO directs state agencies to
A sample quarterly report indicating terminate contracts with, and to refrain required format and information is attached from entering any new contracts with, for your reference (Attachment A). individuals or entities that are determined to be a target of Economic Sanctions.
CONTRACTOR INVOICES Accordingly, should the State determine Contractor is a target of Economic
Unless otherwise stipulated, the contractor
Sanctions or is conducting prohibited
must send their invoices to the department
transactions with sanctioned individuals or
address set forth in the purchase order. entities, that shall be grounds for Invoices shall be submitted in triplicate and
termination of this agreement. The State
shall include the following: shall provide Contractor advance written • Contract number notice of such termination, allowing
• Agency purchase order number Contractor at least thirty (30) calendar days to provide a written response. Termination
• State Agency Bill Code shall be at the sole discretion of the State. • Line item number
• Unit price
• Extended line item price AGENCY NON-COMPLIANCE
• Invoice total
Agency non-compliance with the
State sales tax and/or use tax shall be requirements of this contract may result in itemized separately and added to each the loss of delegated purchasing authority invoice as applicable. The company name to use the SLP. on the SLP contract, purchase order and
invoice must match or the State PLEASE REQUEST A COPY OF ALL Controller's Office will not approve CONTRACT TERMS AND CONDITIONS payment. FROM THE CONTRACTOR, IF NOT
PROVIDED INITIALLY.
CONTRACTOR OWNERSHIP
INFORMATION AVAILABLE PRODUCTS AND/OR
SERVICES
Kovarus, Inc. is a large business
enterprise. This contract provides for the purchase
and warranty of software, software
EXECUTIVE ORDER N-6-22 - RUSSIA maintenance, technical support, training, SANCTIONS installation, software as a service, and
implementation services.
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KOVARUS, INC.
SLP-22-70-0151Y
Only products from the manufacturer listed IMPLEMENTATION SERVICES below are available within the scope of this
contract: Before procuring Implementation Services,
state departments should conduct an
• VMware analysis and use their own due diligence to
determine if these services are the most
UNAVAILABLE PRODUCTS AND/OR cost effective solution that meets their SERVICES business needs and security requirements.
The following products and/or services are Requirements not available under this contract:
• State departments must complete a
• STANDALONE HARDWARE Statement of Work (SOW) for all
• CONSULTING Implementation services.
Notice to State Agencies: Software • Job titles/categories are limited to those appliances/hardware products offered identified in the SLP price list. under the Software Publisher's pricelist are
NOT available under the Software • Hourly rates must not exceed those Licensing Program (SLP) if the same type identified in the SLP price list. of software appliance/hardware products
are currently available under any • Implementation services can only be mandatory Statewide Contract. State purchased when they are in support of agencies who want to purchase a software software purchased under the SLP. appliance/hardware product type, other
than what is available through a • Time and Material pricing must not mandatory Statewide Contract must submit exceed the job Title hourly rate times an exemption request to the mandatory the number of hours to complete the job.
Statewide Contract Administrator. For
more information and the required NOTE: Implementation Services under justification forms regarding the exemption this contract must be paid in arrears. process, please refer to the following SOFTWARE MAINTENANCE, website:
SUBSCRIPTION AND SAAS RENEWALS
https://www.dgs.ca.gov/PD/Services/Page-
Content/Procurement-Division-Services- Software Maintenance, Subscription and List-Folder/Request-an-IT-Hardware- SaaS renewals shall be fixed at the Contract-Exemption. This restriction does agencies prior applicable rates (or lower), not apply to local governmental agencies. with a 0% uplift (no up-lift) and no INSTALLATION SERVICES additional increases, fees or charges added, for the duration of this SLP
• Installation Services can only be contract.
purchased when they are in support of SERVICE CREDITS
software purchased under this SLP
contract. Service credits are acceptable only if they
• Installation Services must not exceed meet the following requirements:
the total cost of the software.
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• Service credits must be used for Each agency is responsible for its own training, certifications, or support contracting program and purchasing and must never expire even when decisions, including use of the SLP this contract term ends. program and associated outcomes. • Unused service credits can be used This responsibility includes, but is not for other services such as training, necessarily limited to, ensuring the certification, or support. Example: If necessity of the services, securing $1,000 is purchased in training appropriate funding, complying with laws credits but is not fully utilized, the and policies, preparing the purchase order department may use the remainder in a manner that safeguards the State's of unused credits for certifications or interests, obtaining required approvals, and support. documenting compliance with Government
Code 19130.b (3) for outsourcing services.
ISSUE PURCHASE ORDER TO
It is the responsibility of each agency to
Agency purchase orders must be mailed to consult as applicable with their legal staff the following address, or e-mailed: and contracting offices for advice depending upon the scope or complexity of
AHEAD, Inc the purchase order.
401 N Michigan Ave, Suite 3400
Chicago, IL 60611 If you do not have legal services available Attn: Jeremy Brown to you within your agency, the DGS Office of Legal Services is available to provide
Agencies with questions regarding services on a contractual basis. products and/or services may contact the
contractor as follows: ORDER REQUIREMENTS AND
MAXIMUM ORDER LIMIT
Phone: 925-683-5339
E-mail: • Unless otherwise determined by an
[email protected] individual ordering agency purchasing authority, no SLP order may be
SHIPPING INSTRUCTIONS
executed by a State agency that
exceeds that agency's purchasing
F.O.B. (Free On Board) Destination
authority threshold. State agencies with
DELIVERY approved purchasing authority, along
with their dollar thresholds can be
30 days after receipt of order, or as obtained at the List of State negotiated between agency and Contractor Departments with Approved Purchasing and included in the purchase order. Authority.
• Agencies must adhere to the detailed
AGENCY RESPONSIBILITY requirements in the State Contracting Manual (SCM) when using SLP
Agencies must contact contractors to contracts. The requirements for the obtain copies of the contracts and compare following bullets are in the SCM, Volume them for a best value purchasing decision. 2, (for IT): If soliciting offers from a certified DVBE, include the Disabled
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Veteran Business Enterprise MINIMUM ORDER LIMITATION
Declarations form (Std. 843) in the
Request for Offer. This declaration There is no minimum dollar value limitation must be completed and returned by the on orders placed under this contract.
DVBE prime contractor and/or any
DVBE subcontractors. (See the SCM ORDERING PROCEDURES
Volume 2, Chapter 1200)
• This is not a bid transaction, so the 1. Order Form
small business preference, DVBE State departments shall use a participation goals, protest language,
Contract/Delegation Purchase Order
intents to award, evaluation criteria,
(Std. 65) for purchases and services.
advertising, etc., are not applicable.
• If less than 3 offers are received, State Local governments shall, in lieu of the agencies must document their file with State's Purchase Order (Std. 65), use the reasons why the other suppliers their own purchase order document. solicited did not respond with an offer.
• Assess the offers received using best Electronic copies of the State Standard value methodology, with cost as one of Forms can be found at the Office of the criteria. State Publishing web site:
• Issue a Purchase Order to the selected http://www.dgs.ca.gov/osp(select contractor. Standard Forms). The site provides
• For SLP transactions under $10,000, information on the various forms and only one offer is required if the State use with the Adobe Acrobat Reader. agency can establish and document that Beyond the Reader capabilities, Adobe the price is fair and reasonable. The fair Acrobat advanced features may be and reasonable method can only be utilized if you have Adobe Business used for non-customizable purchases. Tools or Adobe Acrobat 4.0 installed on your computer. Direct link to the
Local governments set their own order Standard Form 65:
limits, and are not bound by the order limits (http://www.osp.dgs.ca.gov/pdf/std065.p on the cover page of this contract. df)
SPLITTING ORDERS 2. Purchase Orders
Splitting orders to avoid any monetary All Ordering Agency purchase order limitations is prohibited documents executed under this SLP must contain the applicable SLP
Do not circumvent normal procurement contract number as show on page 1. methods by splitting purchases into a
series of delegated purchase orders (SAM 1. State Departments:
3572).
Std. 65 Purchase Documents -
Splitting a project into small projects to State departments not transacting avoid either fiscal or procedural controls is in FISCal must use the Purchasing prohibited (SAM 4819.34). Authority Purchase Order (Std. 65) for purchase execution. An
electronic version of the Std. 65 is
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available at the DGS-PD website CONTRACT PRICES
at http://www.dgs.ca.gov/
pd/Forms.aspx (select Standard Contract prices for products and/or STD Forms). services are maximums. The ordering
department is encouraged to negotiate
FISCal Purchase Documents - lower prices.
State departments transacting in
FI$Cal will follow the FI$Cal PRODUCT AND PRICING CHANGES procurement and contracting AND/OR UPDATES ARE NOT
procedures. AUTHORIZED UNTIL REVIEWED AND
APPROVED BY DGS PROCUREMENT
2. Local Governmental Departments: DIVISION SOFTWARE LICENSING PROGRAM.
Local governmental agencies may
use their own purchase document Said documents are to be sent to the for purchase execution. Department of General Services (DGS) Procurement Division, Soffware Licensing
The agency is required to complete and Program, 707 Third Street, 2nd Floor, West distribute the order form. For services, Sacramento, CA 95605-2811, Attention the agency shall modify the information SLP Unit.
contained on the order to include the
service period (start and end date), and CONTRACT EXTENSIONS the monthly cost (or other intermittent
cost), and any other information The initial term of this SLP contract is 3 pertinent to the services being provided. years and may be extended for an The cost for each line item should be additional 2-years, however an amendment included in the order, not just system must be issued prior to contract end date. totals. NOTE: Extensions are optional and are
at the discretion of the state.
The contractor must immediately reject
orders that are not accurate. SMALL BUSINESS MUST BE
Discrepancies are to be negotiated and CONSIDERED
incorporated into the order prior to the
products and services being delivered. Prior to placing orders under the SLP, state departments shall, whenever practicable,
3. Service and Delivery after Contract first consider offers from small businesses Expiration that have established SLP contracts [GC
Section 14846(b)]. NOTE: The
Purchase orders must be issued before Department of General Services auditors the SLP contract end term expires. will request substantiation of compliance with this requirement when department
Also, purchase order amendments files are reviewed.
cannot be issued to add product and
software maintenance if the SLP SMALL BUSINESS/DVBE - TRACKING contract end term has expired.
State departments are able to claim
subcontracting dollars towards their small
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business or DVBE goals whenever the claimed by the ordering Contractor subcontracts a commercially department towards the small useful function to a certified small business business or DVBE goal; and or DVBE. The Contractor will provide the • Indicate what commercially ordering department with the name of the useful function the small small business or DVBE used and the business or DVBE subcontractor dollar amount the ordering department can will be providing towards apply towards its small business or DVBE fulfillment of the order. goal.
3. The ordering department's purchase
SMALL BUSINESS/DVBE - order must be addressed to the prime SUBCONTRACTING Contractor, and the purchase order
must reference the information provided
1. The amount an ordering department by the prime Contractor as outlined can claim towards achieving its small above.
business or DVBE goals is the dollar
amount of the subcontract award made CERTIFICATION OF PAYMENT by the Contractor to each small OPTIONS - Military & Vets Code $§999.5 business or DVBE. and 999.7(a) (SB588)
2. The Contractor will provide an ordering
department with the following In accordance with the State Contracting information at the time the order is Manual, Volume 2, Section 1203.1, State quoted: departments shall require the Contractor to
submit a complete an accurate Prime
a. The Contractor will state that, as the Contractor's Certification - DVBE prime Contractor, it shall be Subcontracting Report (STD. 817) upon responsible for the overall execution acceptance of ordered goods or services for of the fulfillment of the order. which the Contractor committed to DVBE subcontractor participation.
b. The Contractor will indicate to the
Upon delivery or completion of ordered
ordering department how the order
goods or services, State departments shall
meets the small business or DVBE
do the following:
goal, as follows:
• Provide proper withhold notification to
• List the name of each company prime contractors.
that is certified by the Office of Withhold $10,000 or the full amount of Small Business and DVBE the final invoice if less than $10,000 Certification that it intends to pending receipt of the complete and subcontract a commercially accurate STD 817.
useful function to; and • Review the STD 817. If it is
• Include the small business or
determined to be complete and
DVBE certification number of accurate, authorize payment of the each company listed, and attach withhold.
a copy of each certification; and If the STD 817 is late or incomplete, • Indicate the dollar amount of department must send the prime each subcontract with a small contractor a cure notice allowing at business or DVBE that may be least 15 days, but not more than 30 BUILDING GREEN • BUYING GREEN WORKING GREEN 8
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days, to meet the Certification of communications software, and other Payments to DVBE Subcontractors essential system software. requirements.
• If the prime contractor does not Final Bid
comply by the identified deadline Cost Installation Submission ermanently deduct the withhold. More than
Retain all records for a minimum of six years. $100,000 8 months 6 months $10,000 up to
PRODUCTIVE USE REQUIREMENTS $100,000 4 months 3 months
Less than
The customer in-use requirement applies $10,000 1 month 1 month to all procurements of information
technology equipment and software, per Category 2 - All Information Technology the SCM, Volume 2, Chapter 1000, Section Equipment and Non-Critical Software:
1007. Information technology equipment is
defined in State Administrative Manual
Each equipment or software component (SAM) § 4819.2.
must be in current operation for a paying
customer and the paying customer must be Final Bid
external to the contractor's organization Cost Installation Submission (not owned by the contractor and not More than
owning the contractor). $100,000 6 months 4 months
$10,000 up
To substantiate compliance with the to $100,000
4 months 3 months
Productive Use Requirements, the SLP Less than
contractor must provide upon request the $10,000 1 month 1 month
name and address of a customer
installation and the name and telephone STATE AND LOCAL GOVERNMENTS number of a contact person. CAN USE THE SLP
The elapsed time such equipment or State and local government use of the SLP software must have been in operation is contracts is optional. A local government based upon the importance of the is any city, county, special district or other equipment or software for system local governmental body or corporation, operation and its cost. The following including UC, K-12 schools and community designates product categories and the colleges,
required period of time for equipment or
software operation prior to approval of the that is empowered to expend public funds. replacement item on SLP. While the state makes this contract available, each local government agency
Category 1 - Critical Software: Critical should make its own software is software that is required to
control the overall operation of a computer determination whether the SLP is system or peripheral equipment. Included consistent with their procurement policies in this category are operating systems, and regulations. data base management systems, language
interpreters, assemblers and compilers,
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APPLICABLE CODES, POLICIES AND procurements and compliance with GUIDELINES policies.
• Services may not be paid for in
All California codes, policies and guidelines advance.
are applicable. THE USE OF THE SLP • Departments are required to file with the DOES NOT REDUCE OR RELIEVE Department of Fair Employment and STATE DEPARTMENTS OF THEIR Housing (DFEH) a Contract Award RESPONSIBILITY TO MEET STATEWIDE Report Std. 16 for each order over REQUIREMENTS REGARDING $5,000 within 10 days of award,
CONTRACTING OR THE including supplements that exceed
PROCUREMENT OF GOODS OR $5,000.
SERVICES. Most procurement and • Pursuant to Unemployment Insurance contract codes, policies, and guidelines are Code Section 1088.8, state and local incorporated into The SLP contracts. government agencies must report to the Notwithstanding this, there is no guarantee Employment Development Department that "every" possible requirement that
(EDD) all payments for services that
pertains to all the different and unique state equal $600 or more to independent sole processes has been included proprietor contractors. See the TERMINATION OF SLP CONTRACT contractor's Std. Form 204, Payee Data Record, in the SLP contract to
1. The State or Contractor may terminate determine sole proprietorship. All this SLP Contract at any time upon 30 inquiries regarding this subject should days prior notice. be forwarded to EDD: Technical
2. Upon termination or other expiration of questions: 916/651-6945 or Information this Contract, each party will assist the and forms: 916/657-0529. other party in orderly termination of the • Annual small business and disabled Contract and the transfer of all assets, veteran reports. tangible and intangible, as may ETHNICITY/RACE/GENDER REPORTING facilitate the orderly, nondisrupted
REQUIREMENT
business continuation of each party.
3. This provision shall not relieve the Effective July 1, 2002, in accordance with Contractor of the obligation to perform Public Contract Code 10116, state under any purchase order or other departments are to capture information on similar ordering document executed ethnicity, race, and gender of business prior to the termination becoming owners (not subcontractors) for all effective. awarded contracts, including CAL-Card
STATEWIDE PROCUREMENT transactions. Each department is required REQUIREMENTS to independently report this information to the Governor and the Legislature on an
Departments must carefully review and annual basis.
adhere to the following Procurement
Requirements, such as: Departments are responsible for
developing their own guidelines and forms
• SAM Section 4819.41 and 4832 for collecting and reporting this information, certifications for information technology
Contractor participation is voluntary.
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PAYMENTS AND INVOICES the Std. 204 to their accounting
office(s). Without the Std. 204,
1. Payment Terms payment may be unnecessarily
delayed. State Agencies should
Payment will be made in accordance contact the Contractor for copies of with the provisions of the California the Payee Data Record Prompt Payment Act, Government
Code Section 927 et. seq. Unless 4. DGS Administrative and Incentive expressly exempted by statute, the Fees
Act requires State agencies to pay
properly submitted, undisputed Orders from State Agencies:
invoices not more than 45 days after
(i) the date of acceptance of goods or The Department of General Services performance of services; or (i) receipt (DGS) will bill each State agency of an undisputed invoice, whichever is directly an administrative fee for use later. of SLP contracts. The administrative
fee should NOT be included in the
2. Advance Payments order total, nor remitted before an invoice is received from DGS.
Advance payment is allowed for
services only under limited, narrowly 5. Credit Card
defined circumstances, e.g. between
specific departments and certain Kovarus, Inc. accepts the State of types of non-profit organizations, or California credit card (CAL-Card). when paying another government
agency (Government Code (GC) § A Purchasing Authority Purchase 11256 - 11263 and 11019). Order (Std. 65) is required even when the ordering department chooses to
It is NOT acceptable to pay in pay the contractor via the CAL-Card. advance, except software Also, the DGS administrative fee is maintenance and license fees, which applicable for all SLP orders to are considered a subscription and suppliers not California certified as a may be paid in advance if a provision small business.
addressing payment in advance is
included in the purchase order. FEDERAL DEBARMENT
Software warranty upgrades and When federal funds are being expended, extensions may also be paid for in the department is required to obtain (retain advance, one time. in file) a signed "Federal Debarment" certification from the contractor before the
3. Payee Data Record (Std. 204) purchase order is issued. This certification is required by the regulations
State Agencies not transacting in implementing Executive Order 12549, FISCal, must obtain a copy of the Debarment and Suspension, 29 CFR Part Payee Data Record (Std. 204) in 98, Section 98.510, Participants; order to process payments. State responsibilities. The regulations were Ordering Agencies forward a copy of
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published as Part VII of the May 26, 1988
Federal Register (pages 19160-19211).
AMERICANS WITH DISABILITY ACT
(ADA)
(See attachment B)
DGS PROCUREMENT DIVISION
CONTACT AND PHONE NUMBER
Department of General Services
Procurement Division, SLP Unit
707 Third Street, 2nd Floor
West Sacramento, CA 95605-2811
Phone no.: 916/375-4365
Faxination no.: 916/376-6371
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ATTACHMENT A
SLP QUARTERLY BUSINESS ACTIVITY REPORT
Company Name: Reporting Calendar Year:
Software Publisher:
Reporting Quarter: • Q1 (January to March)
Contract Number: • Q2 (April to June)
For Questions Regarding this Report: • Q3 (July to September) E-mail: • Q4 (October to December)
Check Here if No New Orders for This Quarter
STATE GOVERNMENT AGENCY PURCHASES
State Agency Purchase Purchase Total Dollars
Agency Per Purchase Phone
Name Order Number Order Date Billing Code Agency Contact Agency Address Order Number
Total State Agency Dollars Reported for Quarter: $
LOCAL GOVERNMENT AGENCY PURCHASES
Local Government Agency Purchase Order Purchase Total Dollars Per Agency Phone Name Number Order Date Purchase Order Contact Agency Address Number Total Local Government Agency Dollars for Quarter: $
1.25% Remitted to DGS (does not apply to CA certified Small Businesses): $ Total of State and Local Government Agency Dollars Reported for this Quarter: $ Updated 7/2019
ATTACHMENT A
SLP QUARTERLY BUSINESS ACTIVITY REPORT
Instructions for completing the SLP 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. Agency Billing Code - Identify the State agency billing code. This is a five-digit number identified on the upper right hand corner of the Std. 65 purchase order form.
You must identify this number on all purchases made by State of California agencies.
Billing codes are not applicable to Local Government agencies.
6. 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.
7. Agency Contact - Identify the ordering agency's contact person on the purchase order.
8. Agency Address - Identify the ordering agency's address on the purchase order.
9. Phone Number - Identify the phone number for the ordering agency's contact person.
10. 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.
11. 1.25% Remitted to DGS - Identify 1.25% of the total Local Government agency dollars reported for the quarter.
12. Grand Total - Identify the total of all State and Local Government agency dollars reported for the quarter.
Notes:
• A report is required for each SLP contract each quarter even when there are no new orders for the quarter.
• Quarterly reports are due two weeks after the end of the quarter.
Procurement Division | State of California | California Government Operations Agency 707 3rd Street, 2ndFloor | West Sacramento, CA 95605 | t 916.375-4400
ATTACHMENT B
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) 376-1891
Fullerton Office: (714) 773-2093
The California Relay Service Telephone Numbers are:
Voice: 1-800-735-2922 or 1-888-877-5379
TTY: 1-800-735-2929 or 1-888-877-5378
Speech-to-Speech: 1-800-854-7784
Updated 2/06/2018 15
Procurement Division
CALIFORNIA DEPARTMENT OF
DGS 707 Third Street, 2nd Floor, MS #2-202
GENERAL SERVICES
West Sacramento, CA 95605-2811
State of California
SOFTWARE LICENSING PROGRAM (SLP)
AMENDMENT NO. 1
softwarelicensingprogram
Contractor: AHEAD, Inc. which will do business in California as Kovarus, Inc Contract Number: SLP-22-70-0151Y
SLP Contract Term: 09/22/2022 through 08/15/2025
Contract Base: VMware Offer Number VMWARE-SLP-2022
This amendment is being issued to:
• Revise the provision, "Issue Purchase Order To"
ISSUE PURCHASE ORDER TO
Agency purchase orders must be mailed to the
following address or e-mailed:
AHEAD, Inc. which will do business in California as Kovarus, Inc 401 N. Michigan Ave, Suite 3400
Chicago, IL 60611
E-mail: [email protected]
Agencies with questions regarding products and/or services may contact the contractor as follows:
Phone: (916) 752-9389
E-mail: [email protected]
ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME.
For State of CA: For Contractor:
Original Signature on File Original Signature on File
Stephanne Lim Signature
Manager
Multiple Award Programs Section
Procurement Division Printed Title
Department of General Services
Printed Name
07/16/2024
Date
Company Name
Date
Procurement Division | State of California | California Government Operations Agency 707 3rd Street, 2ndFloor | West Sacramento, CA 95605 | t 916.375-4400
CONTRACT
AHEAD, Inc. which will do business in California as Kovarus, Inc VMware Offer Number VMWARE-SLP-2022
CONTRACT SLP-22-70-0151Y
A California Charter Municipal
Corporation
BY:
D. Scott McBride
City Manager
ATTEST:
D. SCOTT MCBRIDE, CITY CLERK
BY:
Assistant/Deputy City Clerk
CITY ATTORNEY
3X: Giang Cornwell 325/2029
ty Attorne
ACCOUNT DATA:
M. VENUS RODRIGUEZ
BY:
Verified by Finance Officer