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Att 4 - Software Cooperative Agreement

San Mateo City Council
January 16, 2024

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Att 4 - Software Cooperative Agreement
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January 16, 2024
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San Mateo City Council
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Procurement Division
707 Third Street, 2nd Floor, MS #2-202
West Sacramento, CA 95605-2811
Procurement Division | State of California | California Government Operations Agency 707 3rd Street, 2ndFloor | West Sacramento, CA 95605 | t 916.375-4400 State of California

SOFTWARE COOPERATIVE AGREEMENT (SCA)
AMENDMENT No.: 2
Contractor:

Contract Number:

SCA Contract Term:

Contract Base:

CDW Government LLC
SCA-19-70-0025U
11/01/2019 through 10/31/2024
County of Riverside RFQ# RIVCO-2020-RFQ-0000048
Microsoft Master Agreement Number 8084445
This contract is available for use by State of California departments only.

This amendment is being issued to:
•Revise the provision, “OFFICE 365 CLOUD PURCHASES”
•Revise the provision, “SCA BASE CONTRACT”
•Revise the provision, “ISSUE PURCHASE ORDER TO”
•Extend the term of this SLP agreement through October 31, 2024 and to replace the existing agreement in its entirety.

This contract is available for use by State Agencies which initiated enrollments, parented under Microsoft Master Agreement Number 01E73134 and 01E73970, through a Software Cooperative Agreement (SCA) that has now expired, may True-Up or procure Supplemental Licenses, Software Assurance, and Subscriptions, as an addition to their active enrollments, by referencing the SCA currently active at the time of purchase of these additional items.

Products, added to the enrollments when initially signed by the customer, are price protected (fixed prices throughout an enrollment period) by the Agency's agreement with their Licensing Solution Provider (LSP), and should therefore be purchased at the original fixed price.

The SCA Contractor is required to provide all SCA contract terms and conditions with the list of products, services and prices.

The most current ordering instructions and terms and conditions are included herein. If there are future changes to the ordering instructions and/or terms and conditions, these changes will be incorporated by an amendment to this contract.

SOFTWARE COOPERATIVE AGREEMENT (SCA)

CDW GOVERNMENT LLC
SCA-19-70-0025U, AMENDMENT NO.: 2
BUILDING GREEN • BUYING GREEN • WORKING GREEN2
Terms and conditions listed below are hereby incorporated by reference and made a part of this SCA 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 September 5, 2014, Microsoft Enterprise Agreement Amendment ID 8084445 dated October 22, 2019 and all other provisions included herein.
1) General Provisions – Information Technology (GSPD-401IT), effective 9/5/2014 2) Cloud Computing Services Special Provisions (Software as a Service) effective 3/15/2018
3) Cloud Computing – Software as a Service (SaaS) General Provisions effective 6/07/2019
For State of CA:

Original Signature on File
Patrick Mullen
Manager
Multiple Award Programs Section
Procurement Division
Department of General Services
Date
For Contractor:

Original Signature on File
Signature
Printed Title
Printed Name
Company Name
Date

SOFTWARE COOPERATIVE AGREEMENT (SCA)

CDW GOVERNMENT LLC
SCA-19-70-0025U, AMENDMENT NO.: 2
BUILDING GREEN • BUYING GREEN • WORKING GREEN3
OFFICE 365 CLOUD PURCHASES
When procuring Office 365 Cloud
products/services, State departments
should conduct an analysis and use their
own due diligence to determine if Office
365 is the most cost effective solution that
meets their business needs and security
requirements. In addition, state
departments should not issue a Request
for Offer (RFO) or enter into an agreement
with a Microsoft SCA Contractor prior to
reading the SCA User Instructions.

AVAILABLE PRODUCTS AND/OR

SERVICES
This contract provides for the purchase
and warranty of software, software
maintenance, technical support, and
implementation services.

Only products from the manufacturer listed
below are available within the scope of this
contract:
•Microsoft

UNAVAILABLE PRODUCTS AND/OR

SERVICES
The following products and/or services are
not available under this contract:
•STANDALONE HARDWARE
•CONSULTING
•TRAINING
•INSTALLATION SERVICES

IMPLEMENTATION SERVICES
Before procuring Implementation Services,
state departments should conduct an
analysis and use their own due diligence to
determine if these services are the most
cost effective solution that meets their
business needs and security requirements.

Requirements
•State departments must complete a
Statement of Work (SOW) for all
Implementation services.
•Job titles/categories are limited to those
identified in the SLP price list.
•Hourly rates must not exceed those
identified in the SLP price list.
•Implementation services can only be
purchased when they are in support of
software purchased under the SLP.
•Time and Material pricing must not
exceed the job Title hourly rate times
the number of hours to complete the job.

NOTE: Implementation Services under
this contract must be paid in arrears.

SOFTWARE MAINTENANCE,

SUBSCRIPTION AND SAAS RENEWALS
Software Maintenance, Subscription and
SaaS renewals shall be fixed at the
agencies prior applicable rates (or lower),
with a 0% uplift (no up-lift) and no
additional increases, fees or charges
added, for the duration of this SCA
contract.

SCA BENEFITS
Under this Microsoft Enterprise License
Agreement (MELA), you may qualify for
free online E-Learning courses, training
vouchers and other benefits. When
accessing your account at the Microsoft
Volume Licensing Service Center, be sure
to check what benefits you are entitled to.

If you need assistance, please contact your
Licensing Solution Provider (LSP).

SCA BASE CONTRACT

SOFTWARE COOPERATIVE AGREEMENT (SCA)

CDW GOVERNMENT LLC
SCA-19-70-0025U, AMENDMENT NO.: 2
BUILDING GREEN • BUYING GREEN • WORKING GREEN4
This SCA is based on CDW Government
LLC’s participating Agreement #8084445,
and is based on the products and/or
services and prices from the County of
Riverside Microsoft Enterprise License
Agreement (MELA)# PSA-0001522 RFQ#
RIVCO-2020-RFQ-0000048 that has a
term of 11/1/2019 through 10/31/2024.

CONTRACTOR PROVIDES COPY OF

SCA CONTRACT AND ANY

AMENDMENTS TO ORDERING
AGENCIES.

The Contractor is required to provide
ordering departments a copy of the entire
SCA contract that consists of the following:
•SCA contract signed and dated by both
the DGS and contractor.
•SCA contract terms and conditions
including General Provisions and
Information Technology, Software
Special Provisions.
•Std. 204 Payee Data Record.
•Products and price list.
•Amendments to the SCA, if applicable.

CONTRACT PRICES
Contract prices for products and/or
services are maximums. The ordering
department is encouraged to negotiate
lower prices.

PRODUCT AND PRICING CHANGES

AND/OR UPDATES ARE NOT

AUTHORIZED UNTIL REVIEWED AND

APPROVED BY DGS PROCUREMENT

DIVISION SOFTWARE LICENSING
PROGRAM.

Said documents are to be sent to the
Department of General Services (DGS)
Procurement Division, Software Licensing
Program, 707 Third Street, 2nd Floor, West
Sacramento, CA 95605-2811, Attention
SLP Unit.

CONTRACTOR QUARTERLY REPORTS
Contractors are required to submit a
detailed report quarterly to the DGS
Procurement Division, Software
Licensing Program. Reports should be
sent via email to: [email protected].

A separate report is required for each
contract, as differentiated by alpha suffix (if
applicable). Contractors with resellers are
responsible for reporting reseller ordering
activity. Any report that does not follow the
required format or that excludes
information will be deemed incomplete and
returned to the contractor.

State agencies will continue to be billed the
applicable administrative use fee by the
DGS-PD.

SCA Quarterly Business Activity Reports
are due in the SLP Unit within two weeks
after the end of each quarter as shown
below:

Quarter 1 Jan 1 to Mar 31 Due Apr 15
Quarter 2 Apr 1 to Jun 30 Due Jul 15
Quarter 3 Jul 1 to Sep 30 Due Oct 15
Quarter 4 Oct 1 to Dec 31 Due Jan 15
New contracts for contractors with
existing SCA contracts, and extensions
or renewals of existing contracts, will
be approved ONLY if the contractor has
submitted to the SLP Unit all quarterly
reports, due. Each quarterly report is
required within two weeks of the end of
March, June, September, and December
of each calendar year. A report is
required even when there is no activity.

The report must include the agency name,
purchase order number, purchase order

SOFTWARE COOPERATIVE AGREEMENT (SCA)

CDW GOVERNMENT LLC
SCA-19-70-0025U, AMENDMENT NO.: 2
BUILDING GREEN • BUYING GREEN • WORKING GREEN5
date, state agency billing code, pre-tax
total order cost, agency contact name,
address and phone number, and total
dollars for the quarter.

Tax must NOT be included in the quarterly
report, even if the agency includes tax on
the purchase order.

A sample quarterly report indicating
required format and information is attached
for your reference (Attachment A).

CONTRACTOR INVOICES
Unless otherwise stipulated, the contractor
must send their invoices to the department
address set forth in the purchase order.

Invoices shall be submitted in triplicate and
shall include the following:
•Contract number
•Agency purchase order number
•State Agency Bill Code
•Line item number
•Unit price
•Extended line item price
•Invoice total
State sales tax and/or use tax shall be
itemized separately and added to each
invoice as applicable.

The company name on the SCA contract,
purchase order and invoice must match or
the State Controller’s Office will not
approve payment.

CONTRACTOR OWNERSHIP

INFORMATION
CDW Government LLC is a large business
enterprise.

AGENCY NON-COMPLIANCE
Agency non-compliance with the
requirements of this contract may result in
the loss of delegated purchasing authority
to use the SCA.

PLEASE REQUEST A COPY OF ALL

CONTRACT TERMS AND CONDITIONS

FROM THE CONTRACTOR, IF NOT
PROVIDED INITIALLY.

ISSUE PURCHASE ORDER TO:

Agency purchase orders must be mailed to
the following address, or e-mail to:

CDW Government LLC
625 W. Adams
Chicago, IL 60061
Attn: Ben Estes
Agencies with questions regarding
products and/or services may contact the
contractor as follows:

Phone: (469) 587-0448
E-mail: [email protected]

SHIPPING INSTRUCTIONS
F.O.B. (Free On Board) Destination

DELIVERY
30 days after receipt of order, or as
negotiated between agency and Contractor
and included in the purchase order.

CONTRACTOR RESPONSE TO RFO
When responding to a Request For Offer
(RFO) under this contract, contractor must
provide pricing for both the initial purchase
and possible subsequent True-Ups, for
each year purchased. In addition,
contractor must provide a margin above
contractor’s cost from Microsoft

SOFTWARE COOPERATIVE AGREEMENT (SCA)

CDW GOVERNMENT LLC
SCA-19-70-0025U, AMENDMENT NO.: 2
BUILDING GREEN • BUYING GREEN • WORKING GREEN6
(represented as a percentage) which will
not be exceeded in the event that
additional products, not added at signing
are added to the enrollment after the
enrollment has commenced.

AGENCY RESPONSIBILITY
Agencies must contact contractors to
obtain copies of the contracts and compare
them for a best value purchasing decision.

Each agency is responsible for its own
contracting program and purchasing
decisions, including use of the SCA
program and associated outcomes.

This responsibility includes, but is not
necessarily limited to, ensuring the
necessity of the services, securing
appropriate funding, complying with laws
and policies, preparing the purchase order
in a manner that safeguards the State’s
interests, obtaining required approvals, and
documenting compliance with Government
Code 19130.b (3) for outsourcing services.

It is the responsibility of each agency to
consult as applicable with their legal staff
and contracting offices for advice
depending upon the scope or complexity of
the purchase order.

If you do not have legal services available
to you within your agency, the DGS Office
of Legal Services is available to provide
services on a contractual basis.

ORDER REQUIREMENTS AND

MAXIMUM ORDER LIMIT
Purchases under this SCA are subject to
the following requirements:
•There is no maximum order limit under
this SCA.
•Unless otherwise determined by an
individual ordering agency purchasing
authority, no SCA order may be
executed by a State agency that
exceeds that agency’s purchasing
authority threshold. State agencies with
approved purchasing authority, along
with their dollar thresholds can be
obtained at the List of State
Departments with Approved Purchasing
Authority.
•Agencies must adhere to the detailed
requirements in the State Contracting
Manual (SCM) when using SCA
contracts. The requirements for the
following bullets are in the SCM, Volume
3, (for IT): If soliciting offers from a
certified DVBE, include the Disabled
Veteran Business Enterprise
Declarations form (Std. 843) in the
Request for Offer. This declaration
must be completed and returned by the
DVBE prime contractor and/or any
DVBE subcontractors. (See the SCM
Volume 3, Chapter 3)
•This is not a bid transaction, so the
small business preference, DVBE
participation goals, protest language,
intents to award, evaluation criteria,
advertising, etc., are not applicable.
•State agencies must solicit a minimum
of 3 SCA contractors (initial purchase
only).
•If less than 3 offers are received, State
agencies must document their file with
the reasons why the other suppliers
solicited did not respond with an offer.
•Assess the offers received using best
value methodology, with cost as one of
the criteria.
•Issue a Purchase Order to the selected
contractor.
•For SCA transactions under $10,000,
only one offer is required if the State
agency can establish and document that
the price is fair and reasonable. The fair

SOFTWARE COOPERATIVE AGREEMENT (SCA)

CDW GOVERNMENT LLC
SCA-19-70-0025U, AMENDMENT NO.: 2
BUILDING GREEN • BUYING GREEN • WORKING GREEN7
and reasonable method can only be
used for non-customizable purchases.

After establishing a Microsoft Enterprise
Agreement enrollment with one of the
SCA approved Licensing Solutions
Provider (LSP), State agencies may
choose to make all future: annual
payments, true-ups and ‘additional
product’ purchases from that LSP
without obtaining additional quotes from
approved SCA LSP’s, for the term of the
enrollment. However, the LSP's initial
response must identify: annual
payments, true-up costs, and the mark-
up above NET of any ‘additional
products’ added to the enrollment.

If an agency decides that a change of
LSP would be beneficial, this can be
achieved. The change of LSP (known
officially as a “Change of Channel
Partner”), changes all future payments
from one LSP to another LSP, including:
any outstanding annual payments, true-
ups, and ‘additional product’ purchases.

The new LSP will be responsible for
assisting your agency during the annual
true-up reporting process, advising the
agency on Software Assurance benefits,
downloads, Volume License Keys, etc.

NOTE: Make sure that the new LSP is
willing to accept the payment
structure established by the initial
LSP, unless the agency is willing to
increase their ‘annual payment’ to
satisfy the new LSP’s desired
payment structure.

A “Change of Channel Partner” must be
completed at least 90 days prior to the
agency’s individual Microsoft Enterprise
Agreement enrollment anniversary date.

The Anniversary date falls annually,
after the enrollment start date. The
“Change of Channel Partner” document
can be obtained from the new LSP and
when completed should be submitted to
the new LSP. The new LSP will submit
the document to Microsoft.

NOTE: When choosing a LSP, agencies
should use their own due diligence to
insure that the prices for all products
are the most cost efficient solution.

SPLITTING ORDERS
Splitting orders to avoid any monetary
limitations is prohibited.

Do not circumvent normal procurement
methods by splitting purchases into a
series of delegated purchase orders (SAM
3572).

Splitting a project into small projects to
avoid either fiscal or procedural controls is
prohibited (SAM 4819.34).

MINIMUM ORDER LIMITATION
There is a minimum order of 25 users or
desktop per new enrollment.

ORDERING PROCEDURES

1. Order Form
State departments shall use a
Contract/Delegation Purchase Order
(Std. 65) for purchases and services.

Electronic copies of the State Standard
Forms can be found at the Office of
State Publishing web site:
http://www.dgs.ca.gov/osp (select
Standard Forms). The site provides
information on the various forms and
use with the Adobe Acrobat Reader.

Beyond the Reader capabilities, Adobe
Acrobat advanced features may be
utilized if you have Adobe Business
Tools or Adobe Acrobat 4.0 installed on

SOFTWARE COOPERATIVE AGREEMENT (SCA)

CDW GOVERNMENT LLC
SCA-19-70-0025U, AMENDMENT NO.: 2
BUILDING GREEN • BUYING GREEN • WORKING GREEN8
your computer. Direct link to the
Standard Form 65:
(http://www.documents.dgs.ca.gov/dgs/f
mc/pdf/std065.pdf)

2. Purchase Orders
All Ordering Agency purchase order
documents executed under this SCA
must contain the applicable SCA base
contract number as show on page 1.
a. State Departments:

Std. 65 Purchase Documents –
State departments not transacting
in FI$Cal must use the Purchasing
Authority Purchase Order (Std. 65)
for purchase execution. An
electronic version of the Std. 65 is
available at the DGS-PD website
at http://www.dgs.ca.gov/
pd/Forms.aspx (select Standard
STD Forms).

FI$Cal Purchase Documents –
State departments transacting in
FI$Cal will follow the FI$Cal
procurement and contracting
procedures.

The ordering agency is required to
forward a copy of each purchase
order to the Department of General
Services (DGS), Procurement
Division – Software Licensing
Program, 707 Third Street, 2nd Floor,
West Sacramento, CA 95605-2811.

The agency is required to complete and
distribute the order form. For services,
the agency shall modify the information
contained on the order to include the
service period (start and end date), and
the monthly cost (or other intermittent
cost), and any other information
pertinent to the services being provided.

The cost for each line item should be
included in the order, not just system
totals.

The contractor must immediately reject
orders that are not accurate.

Discrepancies are to be negotiated and
incorporated into the order prior to the
products and services being delivered.

3. Purchase Order Amendments
Purchase order amendments may be
issued throughout an enrollment period
(after SCA expires) for true-ups and
additional products, only when all
Licensing Solution Providers (LSP’s)
responses to the initial RFO identifies:
annual payments, true-up costs and the
mark-up above NET of any additional
products.

4. Service and Delivery after Contract
Expiration
Purchase orders must be issued before
the SCA contract end term expires.

Also, purchase order amendments
cannot be issued to add product and
software maintenance if the SCA
contract end term has expired.

SMALL BUSINESS MUST BE

CONSIDERED
Prior to placing orders under the SCA,
state departments shall, whenever
practicable, first consider offers from small
businesses that have established SCA
contracts [GC Section 14846(b)].

NOTE: The Department of General
Services auditors will request
substantiation of compliance with this
requirement when department files are
reviewed.

SOFTWARE COOPERATIVE AGREEMENT (SCA)

CDW GOVERNMENT LLC
SCA-19-70-0025U, AMENDMENT NO.: 2
BUILDING GREEN • BUYING GREEN • WORKING GREEN9
SMALL BUSINESS/DVBE – TRACKING
State departments are able to claim
subcontracting dollars towards their small
business or DVBE goals whenever the
Contractor subcontracts a commercially
useful function to a certified small business
or DVBE. The Contractor will provide the
ordering department with the name of the
small business or DVBE used and the
dollar amount the ordering department can
apply towards its small business or DVBE
goal.

SMALL BUSINESS/DVBE -

SUBCONTRACTING

1. The amount an ordering department
can claim towards achieving its small
business or DVBE goals is the dollar
amount of the subcontract award made
by the Contractor to each small
business or DVBE.

2. The Contractor will provide an ordering
department with the following
information at the time the order is
quoted:
a. The Contractor will state that, as the
prime Contractor, it shall be
responsible for the overall execution
of the fulfillment of the order.
b. The Contractor will indicate to the
ordering department how the order
meets the small business or DVBE
goal, as follows:
•List the name of each company
that is certified by the Office of
Small Business and DVBE
Certification that it intends to
subcontract a commercially
useful function to; and
•Include the small business or
DVBE certification number of
each company listed, and attach
a copy of each certification; and
•Indicate the dollar amount of
each subcontract with a small
business or DVBE that may be
claimed by the ordering
department towards the small
business or DVBE goal; and
•Indicate what commercially
useful function the small
business or DVBE subcontractor
will be providing towards
fulfillment of the order.

3. The ordering department’s purchase
order must be addressed to the prime
Contractor, and the purchase order
must reference the information provided
by the prime Contractor as outlined
above.

PRODUCTIVE USE REQUIREMENTS
The customer in-use requirement applies
to all procurements of information
technology equipment and software, per
the SCM, Volume 3, Chapter 2, Section

2.B6.2 and SCM, Volume FI$Cal, Chapter
2, Section 2.E3.2.

Each equipment or software component
must be in current operation for a paying
customer and the paying customer must be
external to the contractor’s organization
(not owned by the contractor and not
owning the contractor).

To substantiate compliance with the
Productive Use Requirements, the SCA
contractor must provide upon request the
name and address of a customer
installation and the name and telephone
number of a contact person.

The elapsed time such equipment or
software must have been in operation is
based upon the importance of the

SOFTWARE COOPERATIVE AGREEMENT (SCA)

CDW GOVERNMENT LLC
SCA-19-70-0025U, AMENDMENT NO.: 2
BUILDING GREEN • BUYING GREEN • WORKING GREEN10
equipment or software for system
operation and its cost. The following
designates product categories and the
required period of time for equipment or
software operation prior to approval of the
replacement item on SCA.

Category 1 - Critical Software: Critical
software is software that is required to
control the overall operation of a computer
system or peripheral equipment. Included
in this category are operating systems,
data base management systems, language
interpreters, assemblers and compilers,
communications software, and other
essential system software.

Cost Installation Final Bid
Submission
More than
$100,000 8 months 6 months
$10,000 up to
$100,000 4 months 3 months
Less than
$10,000 1 month 1 month
Category 2 - All Information Technology
Equipment and Non-Critical Software:

Information technology equipment is
defined in State Administrative Manual
(SAM) § 4819.2.

Cost Installation Final Bid
Submission
More than
$100,000 6 months 4 months
$10,000 up
to $100,000 4 months 3 months
Less than
$10,000 1 month 1 month

APPLICABLE CODES, POLICIES AND

GUIDELINES
All California codes, policies and guidelines
are applicable. THE USE OF THE SCA

DOES NOT REDUCE OR RELIEVE

STATE DEPARTMENTS OF THEIR

RESPONSIBILITY TO MEET STATEWIDE

REQUIREMENTS REGARDING

CONTRACTING OR THE

PROCUREMENT OF GOODS OR
SERVICES. Most procurement and
contract codes, policies, and guidelines are
incorporated into The SCA contracts.

Notwithstanding this, there is no guarantee
that “every” possible requirement that
pertains to all the different and unique state
processes has been included.

TERMINATION OF SCA CONTRACT

1. The State or Contractor may terminate
this SCA Contract at any time upon 30
days prior notice.

2. Upon termination or other expiration of
this Contract, each party will assist the
other party in orderly termination of the
Contract and the transfer of all assets,
tangible and intangible, as may
facilitate the orderly, nondisrupted
business continuation of each party.

3. This provision shall not relieve the
Contractor of the obligation to perform
under any purchase order or other
similar ordering document executed
prior to the termination becoming
effective.

STATEWIDE PROCUREMENT

REQUIREMENTS
Departments must carefully review and
adhere to the following Procurement
Requirements, such as:
•SAM Section 4819.41 and 4832
certifications for information technology
procurements and compliance with
policies.
•Services may not be paid for in
advance.

SOFTWARE COOPERATIVE AGREEMENT (SCA)

CDW GOVERNMENT LLC
SCA-19-70-0025U, AMENDMENT NO.: 2
BUILDING GREEN • BUYING GREEN • WORKING GREEN11
•Departments are required to file with the
Department of Fair Employment and
Housing (DFEH) a Contract Award
Report Std. 16 for each order over
$5,000 within 10 days of award,
including supplements that exceed
$5,000.
•Pursuant to Unemployment Insurance
Code Section 1088.8, state and local
government agencies must report to the
Employment Development Department
(EDD) all payments for services that
equal $600 or more to independent sole
proprietor contractors. See the
contractor's Std. Form 204, Payee Data
Record, in the SCA contract to
determine sole proprietorship. All
inquiries regarding this subject should
be forwarded to EDD: Technical
questions: 916/651-6945 or Information
and forms: 916/657-0529.
•Annual small business and disabled
veteran reports.

ETHNICITY/RACE/GENDER REPORTING

REQUIREMENT
Effective July 1, 2002, in accordance with
Public Contract Code 10116, state
departments are to capture information on
ethnicity, race, and gender of business
owners (not subcontractors) for all
awarded contracts, including CAL-Card
transactions. Each department is required
to independently report this information to
the Governor and the Legislature on an
annual basis.

Departments are responsible for
developing their own guidelines and forms
for collecting and reporting this information,
Contractor participation is voluntary.

PAYMENTS AND INVOICES

1. Payment Terms
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 agencies to pay
properly submitted, undisputed
invoices not more than 45 days after
(i) the date of acceptance of goods or
performance of services; or (ii) receipt
of an undisputed invoice, whichever is
later.

2. Advance Payments
Advance payment is allowed for
services only under limited, narrowly
defined circumstances, e.g. between
specific departments and certain
types of non-profit organizations, or
when paying another government
agency (Government Code (GC) §
11256 – 11263 and 11019).

It is NOT acceptable to pay in
advance, except software
maintenance and license fees, which
are considered a subscription and
may be paid in advance if a provision
addressing payment in advance is
included in the purchase order.

Software warranty upgrades and
extensions may also be paid for in
advance.

3. Payee Data Record (Std. 204)
State Agencies not transacting in
FI$Cal, must obtain a copy of the
Payee Data Record (Std. 204) in
order to process payments. State
Ordering Agencies forward a copy of
the Std. 204 to their accounting
office(s). Without the Std. 204,
payment may be unnecessarily
delayed. State Agencies should

SOFTWARE COOPERATIVE AGREEMENT (SCA)

CDW GOVERNMENT LLC
SCA-19-70-0025U, AMENDMENT NO.: 2
BUILDING GREEN • BUYING GREEN • WORKING GREEN12
contact the Contractor for copies of
the Payee Data Record

4. DGS Administrative and Incentive
Fees
Orders from State Agencies:

The Department of General Services
(DGS) will bill each State agency
directly an administrative fee for use
of SCA contracts. The administrative
fee should NOT be included in the
order total, nor remitted before an
invoice is received from DGS.

See the DGS Price Book at
www.dgs.ca.gov/publications (click on
DGS Price Book) for current fees.

5. Credit Card
CDW Government LLC accepts the
State of California credit card (CAL-
Card).

A Purchasing Authority Purchase
Order (Std. 65) is required even when
the ordering department chooses to
pay the contractor via the CAL-Card.

Also, the DGS administrative fee is
applicable for all SCA orders to
suppliers not California certified as a
small business.

FEDERAL DEBARMENT
When federal funds are being expended,
the department is required to obtain (retain
in file) a signed “Federal Debarment”
certification from the contractor before the
purchase order is issued. This
certification is required by the regulations
implementing Executive Order 12549,
Debarment and Suspension, 29 CFR Part
98, Section 98.510, Participants;
responsibilities. The regulations were
published as Part VII of the May 26, 1988
Federal Register (pages 19160-19211).

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

ORDER OF PRECEDENCE
The following order of precedence shall
apply:
a. All federal, state, local laws and
regulations
b. This agreement
c. State of California, General
Provisions – Information Technology
(GSPD-401IT)
d. State of California Cloud Computing –
Software as a Service (SaaS)
General Provisions
e. State of California Cloud Computing
Services – Special Provisions (SaaS)
f. County of Riverside RFQ # RIVCO-
2020-RFQ-0000048
g. Microsoft Master Agreement #
8084445
Updated 10/2019

ATTACHMENT A

SCA QUARTERLY BUSINESS ACTIVITY REPORT
Company Name:

Publisher:

For Questions Regarding this Report:

E-mail:

Reporting Calendar Year:

Reporting Quarter:  Q1 (January to March)
 Q2 (April to June)
 Q3 (July to September)
 Q4 (October to December)
Check Here if No New Orders for This Quarter 

STATE GOVERNMENT AGENCY PURCHASES
State Agency
Name
Purchase
Order Number
Purchase
Order Date
Agency
Billing Code
Total Dollars
Per Purchase
Order
Agency Contact Agency Address Phone
Number
Total State Agency Dollars Reported for Quarter: $

ATTACHMENT A

SCA QUARTERLY BUSINESS ACTIVITY REPORT
Procurement Division | State of California | California Government Operations Agency 707 3rd Street, 2ndFloor | West Sacramento, CA 95605 | t 916.375-4400 Instructions for completing the SCA 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 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 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.

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 - Separately identify the total State dollars (pre-tax) for all orders placed in quarter.

11.Grand Total - Identify the total of all State dollars reported for the quarter.

Notes:
•A report is required for each SCA 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.

Updated 2/06/2018 15

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

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