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Att B - TAPCO CMAS Contract 4-08-78-0042A Valid through 6.30.25.pdf

San Pablo City Council
June 10, 2024

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Att B - TAPCO CMAS Contract 4-08-78-0042A Valid through 6.30.25.pdf
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June 10, 2024
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San Pablo City Council
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Text extracted from the city's file for reading and search. Open the original on sanpablo.legistar1.com. That file is the official record.

Procurement Division
707 Third Street, 2nd Floor, MS #2-202
West Sacramento, CA 95605-2811
State of California

MULTIPLE AWARD SCHEDULE
Traffic and Parking Control Co. Inc.

Categorie s Descriptions
CMAS NUMBER: 4-08-78-0042A
SUPPLEMENT NUMBER: 6
CMAS TERM DATES: 8/06/2015 through 6/30/2025
CMAS CATEGORY: Non Information Technology Commodities

APPLICABLE
TERMS & CONDITIONS:

December 1, 2017
(www.dgs.ca.gov/-/media/Divisions/PD/Acquisitions/
CMAS/Non-IT-Commodities-CMAS-Terms-and-
Conditions.ashx?la=en&hash=9AD54FF697C740F342
E8B9B5BDEEDFC263632CB3)
FOR USE BY: State & Local Government Agencies
BASE GSA SCHEDULE #: GS-07F-5924R
BASE SCHEDULE HOLDER: Traffic and Parking Control Co., Inc.

This CMAS provides for the purchase and warranty of park and playground equipment, safety zone products, signs, flags, banners, pennants, and related products. (See page 3 for the restrictions applicable to this CMAS.) The purpose of this amendment is to renew this CMAS through 6/30/2025. In addition, this amendment replaces in its entirety Traffic and Parking Control Co. Inc’s existing California Multiple Award Schedule (CMAS) that expires on 9/30/2020. The most current Ordering Instructions and Special Provisions, CMAS Terms and Conditions dated December 1, 2017, and products and/or services are included herein. Please review these provisions carefully because they have changed since issuance of your last CMAS.

Buyers must verify that the CMAS vendor has a letter of authorization from the manufacturer or an authorized distributor for the sale of the products being procured.

State agencies cannot use this CMAS to purchase products available through the California Prison Industry Authority (CALPIA) without a one-time exemption from CALPIA. Agencies may request an exemption at the following website: www.calpia.ca.gov/about/doing- business-with-calpia/exemption-process/. A copy of the approved exemption must be kept with the purchase order for audit purposes.

Original Signature On File Effective Date: 4/22/2020
BRYAN DUGGER, Program Analyst, California Multiple Award Schedules Unit

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
TRAFFIC AND PARKING CONTROL CO. INC
CMAS NO. 4-08-78-0042A, SUPPLEMENT NO. 6
Ordering Instructions and Special Provisions 2
Agency non-compliance with the requirements of this CMAS may result in the loss of delegated authority to use the CMAS program.

CMAS contractor non-compliance with the requirements of this CMAS may result in termination of the CMAS.

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
TRAFFIC AND PARKING CONTROL CO. INC
CMAS NO. 4-08-78-0042A, SUPPLEMENT NO. 6
Ordering Instructions and Special Provisions 3

CMAS PRODUCT & SERVICE CODES
The CMAS Product & Service Codes listed
below are for marketing purposes only.

Review this CMAS and the base contract
identified below for the products and/or
services available on this CMAS.

Brand-TAPCO
Clothing-Safety
Construction Equip-Accessories
Emergency-Protective Equip
Outdoor-Picnic Table
Printing-Equipment
Sign-Exterior
Sign-Handicapped
Sign-Message Board
Sign-Traffic/Road/Boundary
Solar-Power Equip
Traffic-Control Equip

AVAILABLE PRODUCTS AND/OR

SERVICES
All of the products from the manufacturers
listed in the base GSA schedule are available
within the scope of this CMAS.

The ordering agency must verify all products
and/or services are currently available on the
base General Services Administration (GSA)
schedule. Access the GSA eLibrary at
www.gsaelibrary.gsa.gov.

CMAS BASE CONTRACT
This CMAS is based on some or all of the
products and/or services and prices from
GSA Schedule Number GS-07F-5924R
(TRAFFIC AND PARKING CONTROL CO.,
INC.) with a GSA term of 7/01/2020 through
6/30/2025.

EXCLUDED PRODUCTS AND/OR SERVICES
Order-Level Materials are not available under
this CMAS.

ISSUE PURCHASE ORDER TO
Agency purchase orders must be either
mailed or emailed to the following:

Traffic and Parking Control Co. Inc
5100 West Brown Deer Road
Brown Deer, WI 53223
Attn: Andrew Bergholz
E-mail: [email protected]
Agencies with questions regarding products
and/or services may contact the CMAS
contractor as follows:

Contact: Andrew Bergholz
Phone: (262) 814-7338
E-mail: [email protected]
TOP 500 DELINQUENT TAXPAYERS
In accordance with Public Contract Code
(PCC) § 10295.4, and prior to placing an
order for non-IT goods and/or services,
agencies must verify with the Franchise Tax
Board and the California Department of Tax
and Fee Administration that this CMAS
contractor’s name does not appear on either
list of the 500 largest tax delinquencies
pursuant to Section 7063 or 19195 of the
Revenue and Taxation Code. See next
paragraph for information.

The Franchise Tax Board’s list of Top 500
Delinquent Taxpayers is available at
www.ftb.ca.gov/about-ftb/newsroom/top-500-
past-due-balances/index.html.

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
TRAFFIC AND PARKING CONTROL CO. INC
CMAS NO. 4-08-78-0042A, SUPPLEMENT NO. 6
Ordering Instructions and Special Provisions 4
The California Department of Tax and Fee
Administration’s list of Top 500 Sales & Use
Tax Delinquencies in California is available at
www.cdtfa.ca.gov/taxes-and-fees/top500.htm.

CALIFORNIA SELLER’S PERMIT
Traffic and Parking Control Co. Inc’s
California Seller’s Permit Number is
100065827. Prior to placing an order with this
company, agencies must verify that this
permit is still valid at the California
Department of Tax and Fee Administration
website (cdtfa.ca.gov).

CMAS PRICES
The maximum prices allowed for the products
and/or services available in this CMAS are
those set forth in the base contract identified
on page 3 of this CMAS.

The ordering agency is encouraged to seek
prices lower than those on this CMAS. When
responding to an agency’s Request for Offer
(RFO), the CMAS contractor can offer lower
prices to be competitive.

PRICE DISCOUNTS
This CMAS contains significant price
discounts off the manufacturer’s list price. See
the base GSA schedule for the specific
percent of discount.

DARFUR CONTRACTING ACT
This CMAS contractor has certified
compliance to the Darfur Contracting Act, per
Public Contract Code (PCC) § 10475, et seq.

It is the agency’s responsibility to verify that
the contractor has a Darfur Contracting Act
Certification on file.

CALIFORNIA CIVIL RIGHTS LAW

CERTIFICATION
Pursuant to Public Contract Code section
2010, effective January 1, 2017, applicants
must certify their compliance with the
California Civil Rights laws and Employer
Discriminatory Policies (section 51 of the Civil
Code, section 12960 of the Government
Code). It is the agency’s responsibility to
verify that the contractor has a California Civil
Rights Law Certification on file.

WARRANTY
For warranties, see the federal GSA schedule
and the CMAS Terms and Conditions,
General Provisions, CMAS Warranty.

DELIVERY
60-90 days after receipt of order, or as
negotiated between agency and CMAS
contractor and included in the purchase order,
or as otherwise stipulated in the contract.

SHIPPING INSTRUCTIONS
F.O.B. (Free On Board) Origin. Buying agency
pays the freight charges.

State agencies (not local governments)
shall follow the instructions below
whenever the weight of the purchase is
100-lbs or more and F.O.B. Destination,
Freight Prepaid is not used.

All shipments will be made by ground
transportation unless otherwise ordered on
the purchase order.

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
TRAFFIC AND PARKING CONTROL CO. INC
CMAS NO. 4-08-78-0042A, SUPPLEMENT NO. 6
Ordering Instructions and Special Provisions 5
Before placing order, contact the DGS
Transportation Management (916) 376-1888
to determine the routing of freight shipments.

You will need to provide Transportation
Management with the point of origin and
destination. They will also want to know the
commodity being shipped and the estimated
shipping weight of the order. If shipping
overnight, the account number must be
included.

Routing information should be shown on the
face of the purchase order in the format
shown below.

Shipping Instructions:

Supplier route via:

Carrier’s telephone number:

Annotate bill/s of lading as follows:
“Freight for account of State of California.

Tender Number: applies. State
of California Purchase Order Number:

SHIP FREIGHT COLLECT.”
Estimated Freight charges: .

If supplier is unable to use this carrier, call
Transportation Management at (916) 376-
1888.

The following statement must be noted on
the purchase order when the commodities
are being shipped via UPS (United Parcel
Service) and the State is paying directly to
UPS (Collect).

Shipping Instructions:

Supplier route via United Parcel Service
(ground).

State of California, Department of
UPS account number applies.

State of California Purchase Order Number
. SHIP COLLECT. Estimated
UPS charges: .

If supplier is unable to use UPS, call
Transportation Management at (916) 376-
1888.

CMAS Contractor Note: Additional shipping
costs incurred by deviation to above shipping
instructions, without Transportation
Management approval, shall be charged to
the CMAS contractor.

PURCHASING AUTHORITY DOLLAR

THRESHOLD
Order limits for the purchase of goods and/or
services is determined by the individual
agency purchasing authority threshold.

No CMAS order may be executed by a State
agency that exceeds that agency’s purchasing
authority threshold. State agencies with
approved purchasing authority, along with
their dollar thresholds can be obtained at the
List of State Departments with Approved
Purchasing Authority website
(www.dgs.ca.gov/PD/Resources/Page-
Content/Procurement-Division-Resources-
List-Folder/List-of-State-Departments-with-
Approved-Purchasing-Authority).

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
TRAFFIC AND PARKING CONTROL CO. INC
CMAS NO. 4-08-78-0042A, SUPPLEMENT NO. 6
Ordering Instructions and Special Provisions 6

HOW TO USE CMAS
Agencies must adhere to the detailed
requirements in the State Contracting Manual
(SCM) when using CMAS. The requirements
for the following bullets are in the SCM,
Volume 2, Chapter 6 (for non-IT), the SCM,
Volume 3, Chapter 6 (for IT), and the SCM,
Volume FISCAL, Chapter 5 (FISCAL):
 Develop a Request for Offer, which
includes a Scope of Work (SOW), and
Bidder Declaration form. For information
on the Bidder Declaration requirements,
see the SCM, Volume 2, Section 3.5.7
and Volume 3, Section 3.4.7.
 Search for potential CMAS contractors on
the CMAS website
(www.dgs.ca.gov/PD/About/Page-
Content/PD-Branch-Intro-Accordion-
List/Acquisitions/California-Multiple-
Award-Schedules) and select “Find a
CMAS Contractor.”
 Solicit offers from a minimum of 3 CMAS
contractors including one small business
and/or DVBE, if available, who are
authorized to sell the products and/or
services needed.
 If soliciting offers from a certified DVBE,
include the Disabled Veteran Business
Enterprise Declarations form (Standard
843) in the Request for Offer. This
declaration must be completed and
returned by the DVBE prime contractor
and/or any DVBE subcontractors. (See
the SCM Volumes 2, 3, and FISCAL,
Chapter 3).
 This is not a bid transaction, so the small
business preference, DVBE incentives,
protest language, intents to award,
evaluation criteria, advertising, etc., are
not applicable.
 If less than 3 offers are received, State
agencies must document their file with the
reasons why the other suppliers solicited
did not respond with an offer.
 Assess the offers received using best
value methodology, with cost as one of
the criteria.
 Issue a Purchase Order to the selected
CMAS contractor.
 For CMAS transactions under $10,000,
only one offer is required if the State
agency can establish and document that
the price is fair and reasonable. The fair
and reasonable method can only be used
for non-customizable purchases.

Local governments set their own order limits,
and are not bound by the order limits on the
cover page of this CMAS.

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

Do not circumvent normal procurement
methods by splitting purchases into a series of
delegated purchase orders, per Public
Contract Code (PCC) § 10329.

Splitting a project into small projects to avoid
either fiscal or procedural controls is
prohibited, per State Administrative Manual
(SAM) § 4819.34.

MINIMUM ORDER LIMITATION
There is no minimum dollar value limitation on
orders placed under this CMAS.

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
TRAFFIC AND PARKING CONTROL CO. INC
CMAS NO. 4-08-78-0042A, SUPPLEMENT NO. 6
Ordering Instructions and Special Provisions 7

ORDERING PROCEDURES

1. Purchase Orders
All Ordering Agency purchase order
documents executed under this CMAS
must contain the applicable CMAS number
as show on page 1.

1. State Departments:

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

FISCAL Purchase Documents – State
departments transacting in FISCAL will
follow the FISCAL procurement and
contracting procedures.

2. Local Governmental Departments:

Local governmental agencies may use
their own purchase document for
purchase execution.

The agency is required to complete and
distribute the purchase order. For services,
the agency shall modify the information
contained on the order to include the
service period (start and end date), and
the monthly cost (or other intermittent
cost), and any other information pertinent
to the services being provided. The cost
for each line item should be included in the
order, not just system totals.

The contractor must immediately reject
purchase orders that are not accurate.

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

2. Service and Delivery after CMAS
Expiration
The purchase order must be issued before
the CMAS expires. However, delivery of
the products or completion of the services
may be after the CMAS expires (unless
otherwise specifically stated in the
purchase order).

3. Multiple CMAS Agreements on a Single
Purchase Order
Agencies wishing to include multiple
CMAS(s) on a single FISCAL purchase
order must adhere to the following
guidelines:
• All CMAS must be for the same CMAS
contractor.
• The purchase order must go to one
contractor location.
• Write the word “CMAS” in the space
usually reserved for the contract
number. On Standard 65’s, this is at the
top of the form. The word “CMAS”
signifies that the purchase order
contains items from multiple CMAS
agreements. The purchasing agency
may only use one bill code.

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
TRAFFIC AND PARKING CONTROL CO. INC
CMAS NO. 4-08-78-0042A, SUPPLEMENT NO. 6
Ordering Instructions and Special Provisions 8
• For each individual CMAS (as
differentiated by alpha suffix), the
agency must identify and group together
the CMAS number with the line items
and subtotal per CMAS number (do not
include tax in the subtotal), and
sequentially identify each individual
CMAS as Sub #1, Sub #2, Sub #3, etc.

This facilitates accurate billing of
administrative fees by the Procurement
Division.
• The total of all items on the purchase
order must not exceed the purchase
order limit identified in the CMAS.
• Do not combine items from both non-IT
and Information Technology CMAS(s).

A non-IT CMAS begin with the number
“4” and an Information Technology
CMAS begins with the number “3.” The
purchase order limits are different for
these two types of CMAS agreements.

4. Amendments to Agency's Purchase
Orders
Agency purchase orders cannot be
amended if the CMAS has expired.

The SCM, Volumes 2 & 3, Chapter 6.A5.0
and SCM, Volume FISCAL, Chapter

5.A4.0 provides the following direction
regarding amendments to all types of
CMAS purchase orders:

Original orders, which include options for
changes (e.g., quantity or time), that
were evaluated and considered in the
selection for award during the RFO
process, may be amended consistent
with the terms of the original order,
provided that the original order allowed
for amendments. If the original order did
not evaluate options, then amendments
are not allowed unless an NCB is
approved for those amendments.

Amendments unique to non-IT services
are covered in the SCM, Volume 2,
Chapter 6.B2.9 and SCM, Volume
FISCAL, Chapter 5.A4.1 as follows:

If the original contract permitted
amendments, but did not specify the
changes (e.g., quantity or time), it may
be amended, per Public Contract Code
(PCC) § 10335 (d)(1). This only applies
to the first amendment. The time shall
not exceed one year, or add not more
than 30% of the original order value and
may not exceed $250,000. If the original
contract did not have language
permitting amendments, the NCB
process must be followed.

Also, see the SCM, Volumes 2 & 3,
Chapter 8, Topic 6, for more information
on amending purchase orders.

CMAS CONTRACTOR OWNERSHIP

INFORMATION
Traffic and Parking Control Co. Inc is a large
business enterprise.

SMALL BUSINESS MUST BE

CONSIDERED
Prior to placing orders under the CMAS
program, State agencies shall whenever
practicable first consider offers from small
businesses that have established CMAS
[Government Code (GC) § 14846(b)]. NOTE:

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

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
TRAFFIC AND PARKING CONTROL CO. INC
CMAS NO. 4-08-78-0042A, SUPPLEMENT NO. 6
Ordering Instructions and Special Provisions 9
CMAS Small Business and Disabled Veteran
Partners lists
(www.dgs.ca.gov/PD/About/Page-
Content/PD-Branch-Intro-Accordion-
List/Acquisitions/California-Multiple-Award-
Schedules) can be found on the CMAS
website by selecting “Find a CMAS
Contractor”.

In response to our commitment to increase
participation by small businesses, the
Department of General Services waives the
administrative fee (a fee currently charged to
customer agencies to support the CMAS
program) for orders to certified small business
enterprises.

See the current fees in the DGS Price Book
at: www.dgs.ca.gov/OFS/Price-Book.

SMALL BUSINESS/DVBE - TRACKING
State agencies are able to claim
subcontracting dollars towards their small
business or DVBE goals whenever the CMAS
contractor subcontracts a commercially useful
function to a certified small business or DVBE.

The CMAS contractor will provide the ordering
agency with the name of the small business or
DVBE used and the dollar amount the
ordering agency can apply towards its small
business or DVBE goal.

SMALL BUSINESS/DVBE -

SUBCONTRACTING

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

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

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

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
TRAFFIC AND PARKING CONTROL CO. INC
CMAS NO. 4-08-78-0042A, SUPPLEMENT NO. 6
Ordering Instructions and Special Provisions 10

NEW EQUIPMENT REQUIRED
The State will procure new equipment. All
equipment must be new (or warranted as
newly manufactured) and the latest model in
current production. Used, shopworn,
demonstrator, prototype, or discontinued
models are not acceptable.

Where Federal Energy Management Program
(FEMP) standards are available, all State
agencies shall purchase only those products
that meet the recommended standards. All
products displaying the Energy Star label
meet the FEMP standards.

SPECIAL MANUFACTURED GOODS
Any CMAS for goods to be manufactured by
the CMAS contractor specifically for the State
and not suitable for sale to others may require
progress payments.

For Non-IT goods CMAS, see the CMAS Non-
IT Commodities Terms and Conditions,
Provision 69, Progress Payments.

TRADE-IN EQUIPMENT
Trade-ins at open market price may be
considered. The product description and
trade-in allowance must be identified on the
purchase order.

Agencies are required to adhere to State
Administrative Manual (SAM) § 3520 through
3520.6, Disposal of Personal Property and
Surplus Personal Property, as applicable,
when trade-ins are considered. A Property
Survey Report, Standard 152, must be
submitted for approval prior to disposition of
any State-owned personal property, including
general office furniture regardless of the
acquisition value, or if the property was
recorded or capitalized for accounting
purposes.

STATE AGENCY BUY RECYCLED

CAMPAIGN (SABRC)
State ordering agencies are required to report
purchases made within the eleven product
categories in the California Department of
Resources Recycling and Recovery’s State
Agency Buy Recycled Campaign (SABRC) per
Public Contract Code sections 12200-12217.

Contractor will be required to complete and
return a Recycled-Content Certification form
(www.calrecycle.ca.gov/contracts/forms) upon
request by the state ordering agency.

ELECTRONIC WASTE RECYCLING
State agencies are required to recycle state
owned surplus electronic equipment that has
no useful life remaining (E-Waste), to the
maximum extent possible. State agencies
shall dispose of E-Waste using the services of
the California Prison Industry Authority
(CALPIA), unless the agency meets the
pickup quantity and location exemption criteria
detailed in State Administrative Manual (SAM)
§ 3520.10. Electronic equipment that is usable
and still retains value is not considered E-
Waste and must be reutilized through the
DGS, Office of Fleet and Asset Management
(OFAM) Surplus Personal Property
Warehouse.

State agencies shall determine which
equipment meets the definition of E-Waste or
reusable Electronic Equipment, per the
definitions provided in the State Administrative
Manual Management Memo MM 17-06.

OFAM will validate that equipment meets the
appropriate definition when reviewing the
submitted Property Survey Report
(STANDARD 152).

Please see State Administrative Manual
(SAM) § 3520.10 for more information on this
policy.

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
TRAFFIC AND PARKING CONTROL CO. INC
CMAS NO. 4-08-78-0042A, SUPPLEMENT NO. 6
Ordering Instructions and Special Provisions 11
Information for submitting a STANDARD 152
can be found on the DGS OFAM surplus
property website
(www.dgs.ca.gov/RESD/Resources/Page-
Content/Real-Estate-Services-Division-
Resources-List-Folder/DGS-Surplus-Property-
Homepage).

Information on the CALPIA E-Waste Program
can be found at:
catalog.calpia.ca.gov/services/e-waste/.

The E-Waste Exemption Request Form EWR-
F400 can be found at:
www.calpia.ca.gov/calpia/assets/File/ewaste/F
400.pdf.

The electronic waste recycling fee must be
shown as a line item on the agency purchase
order before the CMAS contractor can include
it on their invoice.

NOT SPECIFICALLY PRICED (NSP) ITEMS
The only time that open market/incidental, non-
schedule items may be included in a CMAS
order is when they fall under the parameters of
the Not Specifically Priced (NSP) Items
provision.

CMAS contractors must be authorized
providers of the hardware, software and/or
services they offer under the Not Specifically
Priced (NSP) Items provision.

Agency and CMAS contractor use of the NSP
provision is subject to the following
requirements:

1. Purchase orders containing only NSP
items are prohibited.

2. A purchase order containing NSP items
may be issued only if it results in the
lowest overall alternative to the State.

3. NSP items shall be clearly identified in the
order. Any product or service already
specifically priced and included in the base
contract may not be identified as an NSP
item.

4. NSP Installation Services: The CMAS
contractor is fully responsible for all
installation services performed under the
CMAS. Product installations must be
performed by manufacturer authorized
personnel and meet manufacturer
documented specifications. The prime
contractor, as well as any subcontractors,
must hold any certifications and/or
licenses required for the project. The total
dollar value of all installation services
included in the purchase order cannot
exceed the dollar value of the products
included in the purchase order, nor can
they exceed the NSP Maximum Order
Limitation.

5. Maximum Order Limitation: For orders
$250,000, or less, the total dollar value of
all NSP items included in a purchase order
shall not exceed $5,000. For orders
exceeding $250,000, and at the option of
the contractor, the total dollar value of all
NSP items in a purchase order shall not
exceed 5% of the total cost of the order, or
$25,000 whichever is lower.

6. An NSP item included in an order issued
against a CMAS is subject to all of the
terms and conditions set forth in the
contract.

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
TRAFFIC AND PARKING CONTROL CO. INC
CMAS NO. 4-08-78-0042A, SUPPLEMENT NO. 6
Ordering Instructions and Special Provisions 12

7. Trade-ins, upgrades, involving the
swapping of boards, are permissible,
where the contract makes specific
provisions for this action. In those
instances where it is permitted, the
purchase order must include the
replacement item and a notation that the
purchase involves the swapping of a
board.

The following NSP items ARE
SPECIFICALLY EXCLUDED from any order
issued under this CMAS:

1. Items not intended for use in directly
supporting the priced items included in the
same order. An NSP item must be
subordinate to the specifically priced item
that it is supporting. For example, a cable,
which is not otherwise specifically priced in
the base contract, is subordinate to a
specifically priced printer or facsimile
machine, and is eligible to be an NSP item
subject to that cable meeting the
remaining NSP requirements. However, a
printer or facsimile machine, which is not
otherwise specifically priced in the base
contract, is not subordinate to a
specifically priced cable, and is not eligible
to be an NSP item.

2. Supply type items, except for the minimum
amount necessary to provide initial support
to the priced items included in the same
order.

3. Items that do not meet the Productive Use
Requirements for information technology
products, per the SCM, Volume 3, Chapter
2, Section 2.B6.2 and SCM, Volume
FISCAL, Chapter 2, Section 2.E3.2.

4. Any other item or class of items
specifically excluded from the scope of this
CMAS.

5. Public Works components NOT incidental
to the total purchase order amount.

6. Products or services the CMAS contractor
is NOT factory authorized or otherwise
certified or trained to provide.

7. Follow-on consultant services that were
previously recommended or suggested by
the same CMAS contractor.

The CMAS contractor is required to reject
purchase orders containing NSP items that do
not conform to the above requirements. The
CMAS contractor will promptly notify the
agency issuing the non-conforming order of its
non-acceptance and the reasons for its non-
acceptance.

STATE AND LOCAL GOVERNMENTS CAN

USE CMAS
State and local government agency use of
CMAS is optional. A local government is any
city, county, city and county, district, or other
local governmental body or corporation,
including UC, CSU, K-12 schools and
community colleges empowered to expend
public funds. While the State makes this
CMAS available, each local government
agency should make its own determination
whether the CMAS program is consistent with
their procurement policies and regulations.

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
TRAFFIC AND PARKING CONTROL CO. INC
CMAS NO. 4-08-78-0042A, SUPPLEMENT NO. 6
Ordering Instructions and Special Provisions 13

UPDATES AND/OR CHANGES
A CMAS amendment is not required for
updates and/or changes once the update
and/or change becomes effective for the
federal GSA schedule, except as follows:
 A CMAS amendment is required when the
CMAS is based on specific products
and/or services from another contractor’s
multiple award contract and the contractor
wants to add a new manufacturer’s
products and/or services.
 A CMAS amendment is required for new
federal contract terms and conditions that
constitute a material difference from
existing contract terms and conditions. A
material change has a potentially
significant effect on the delivery, quantity
or quality of items provided, the amount
paid to the contractor or on the cost to the
State.

A CMAS amendment is required to update
and/or change terms and conditions and/or
products and services based on a non-federal
GSA multiple award contract.

SELF-DELETING FEDERAL GSA TERMS

AND CONDITIONS
Instructions, or terms and conditions that
appear in the Special Items or other
provisions of the federal GSA and apply to the
purchase, license, or rental (as applicable) of
products or services by the US Government in
the United States, and/or to any overseas
location shall be self-deleting. (Example:
"Examinations of Records" provision).

Federal regulations and standards, such as
Federal Acquisition Regulation (F A R), Federal
Information Resources Management
Regulation (F I R M R), Federal Information
Processing Standards (FIPS), General
Services Administration Regulation (GSAR),
or Federal Installment Payment Agreement
(FIPA) shall be self-deleting. Federal blanket
orders and small order procedures are not
applicable.

ORDER OF PRECEDENCE
The CMAS Terms and Conditions takes
precedence if there is a conflict between the
terms and conditions of the contractor's
federal GSA, (or other multiple award
contract), packaging, invoices, catalogs,
brochures, technical data sheets or other
documents (see CMAS Terms and
Conditions, CONFLICT OF TERMS).

APPLICABLE CODES, POLICIES AND

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

NOT REDUCE OR RELIEVE STATE

AGENCIES OF THEIR RESPONSIBILITY TO

MEET STATEWIDE REQUIREMENTS

REGARDING CONTRACTING OR THE

PROCUREMENT OF GOODS OR
SERVICES. Most procurement and contract
codes, policies, and guidelines are
incorporated into CMAS agreements.

Nonetheless, there is no guarantee that every
possible requirement that pertains to all the
different and unique State processes has
been included.

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
TRAFFIC AND PARKING CONTROL CO. INC
CMAS NO. 4-08-78-0042A, SUPPLEMENT NO. 6
Ordering Instructions and Special Provisions 14

PAYMENTS AND INVOICES
This CMAS contains prompt payment
discounts. See the base GSA schedule for the
specific percent of discount.

1. Payment Terms
Payment terms for this CMAS are net 45
days.

Payment will be made in accordance with
the provisions of the California Prompt
Payment Act, Government Code (GC) §
927 et. seq. Unless expressly exempted
by statute, the Act requires State agencies
to pay properly submitted, undisputed
invoices not more than 45 days after (1)
the date of acceptance of goods or
performance of services; or (2) receipt of
an undisputed invoice, whichever is later.

2. Payee Data Record (Standard 204)
State Agencies not transacting in FISCAL,
must obtain a copy of the Payee Data
Record (Standard 204) in order to process
payments. State Ordering Agencies
forward a copy of the Standard 204 to their
accounting office(s). Without the Standard
204, payment may be unnecessarily
delayed. State Agencies should contact
the CMAS contractor for copies of the
Payee Data Record.

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

The Department of General Services
(DGS) will bill each State agency directly
an administrative fee for use of CMAS.

The administrative fee should NOT be
included in the order total, nor remitted
before an invoice is received from DGS.

This administrative fee is waived for CMAS
purchase orders issued to California
certified small businesses.

See the current administrative fees in the
DGS Price Book
(www.dgs.ca.gov/OFS/Price-Book).

Orders from Local Government
Agencies:

CMAS contractors, who are not California
certified small businesses, are required to
remit to the DGS an incentive fee equal to
1% of the total of all local government
agency orders (excluding sales tax and
freight) placed against their CMAS. The
incentive fee is in lieu of local government
agencies being billed the above
referenced DGS administrative fee.

This incentive fee is waived for CMAS
purchase orders issued to California
certified small businesses.

The check covering this fee shall be made
payable to the Department of General
Services, CMAS Unit, and mailed to the
CMAS Unit along with the applicable
Quarterly Report. See the provision in this
CMAS entitled “Contractor Quarterly
Report Process” for information on when
and where to send these checks and
reports.

4. Contractor Invoices
Unless otherwise stipulated, the CMAS
contractor must send their invoices to the
agency address set forth in the purchase
order. Invoices shall be submitted in
triplicate and shall include the following:
 CMAS number
 Agency purchase order number
 Agency Bill Code (State Only)
 Line item number
 Unit price
 Extended line item price

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
TRAFFIC AND PARKING CONTROL CO. INC
CMAS NO. 4-08-78-0042A, SUPPLEMENT NO. 6
Ordering Instructions and Special Provisions 15
 Invoice total
State sales tax and/or use tax shall be
itemized separately and added to each
invoice as applicable.

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

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

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

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

6. Credit Card
Traffic and Parking Control Co. Inc
accepts the State of California credit card
(CAL-Card).

A purchase order is required even when
the ordering department chooses to pay
the CMAS contractor via the CAL-Card.

7. Lease/Purchase Analysis
State agencies must complete a
Lease/Purchase Analysis (LPA) to
determine best value when contemplating
a lease/rental, and retain a copy for future
audit purposes (State Administrative
Manual (SAM) § 3710).

For short-term rental equipment, the
lease/purchase analysis must be approved
by the Department of General Services,
Office of legal Services.

The lease/purchase analysis for all other
purchases must be approved by the
Department of General Services, GS
SMart State Financial Marketplace. Buyers
may contact the GS SMart Administrator,
Kris Bianchini via email at
[email protected] for
further information.

8. Leasing
The State reserves the right to select the
form of payment for all procurements, be it
either an outright purchase with payment
rendered directly by the State, or a
financing/lease-purchase or operating
lease via the State Financial Marketplace
(GS SMart and/or Lease SMart). If
payment is via the financial marketplace,
the Supplier will invoice the State and the
State will approve the invoice and the
selected Lender/Lessor for all product
listed on the State’s procurement
document will pay the supplier on behalf of
the State.

Buyers may contact the GS SMart
Administrator, Kris Bianchini via email at
[email protected] for further
information.

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
TRAFFIC AND PARKING CONTROL CO. INC
CMAS NO. 4-08-78-0042A, SUPPLEMENT NO. 6
Ordering Instructions and Special Provisions 16

CONTRACTOR QUARTERLY REPORT

PROCESS
CMAS contractors are required to submit a
detailed CMAS Business Activity Report on a
quarterly basis to the CMAS Unit. See
Attachment B for a copy of this form and
instructions.

This report shall be mailed to:

Department of General Services
Procurement Division – CMAS Unit
Attention: Quarterly Report Processing
P O Box 989052, MS #2-202
West Sacramento, CA 95798-9 0 5 2
Reports that include checks for incentive fees
must be mailed and shall not be e-mailed. All
other reports may be e-mailed to the attention
of Quarterly Report Processing as follows:

CMAS Unit E-Mail: [email protected]
For the full instructions on completing and
submitting CMAS Quarterly Business Activity
Reports, and a soft copy of a blank quarterly
report form, go to the CMAS website
(www.dgs.ca.gov/PD/About/Page-
Content/PD-Branch-Intro-Accordion-
List/Acquisitions/California-Multiple-Award-
Schedules) and then select “File a CMAS
Quarterly Report”.

Important things to remember regarding
CMAS Quarterly Business Activity Reports
(referred to as “reports” below):
 A report is required for each CMAS, each
quarter, even when no new purchase
orders are received in the quarter.
 A separate report is required for each
CMAS.
 Each purchase order must be reported
only once in the quarter identified by
the purchase order date, regardless of
when the services were performed, the
products were delivered, the invoice
was sent, or the payment was
received.
 Purchase orders from State and local
government agencies must be separated
on the report, as shown in the
instructions.
 CMAS contractors must report the sales
activity for all resellers listed on their
CMAS.
 Any report that does not follow the
required format or excludes required
information will be deemed incomplete
and returned to the CMAS contractor for
corrections.
 Taxes and freight must not be included in
the report.
 CMAS contractors must attach to their
quarterly report a check covering the
required incentive fee for all CMAS sales
to local government agencies (see more
information below).
 New CMAS agreements, renewals,
extensions, and amendments will be
approved only if the CMAS contractor has
submitted all required quarterly reports
and incentive fees.

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
TRAFFIC AND PARKING CONTROL CO. INC
CMAS NO. 4-08-78-0042A, SUPPLEMENT NO. 6
Ordering Instructions and Special Provisions 17
CMAS Quarterly Business Activity Reports
are due in the CMAS Unit within two weeks
after the end of each quarter as shown below:

Quarter Date Range Due Date
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

CONTRACTOR QUARTERLY INCENTIVE
FEES
CMAS contractors who are not California
certified small businesses must remit to DGS
an incentive fee equal to 1% of the total of all
local government agency orders (excluding
sales tax and freight) placed against their
CMAS agreement(s). This incentive fee is in
lieu of local government agencies being billed
the above referenced DGS administrative fee.

CMAS contractors cannot charge local
government agencies an additional 1%
charge on a separate line item to cover the
incentive fee. The CMAS contractor must
include the 1% incentive fee in the price of the
products or services offered, and the line item
prices must not exceed the applicable base
contract prices.

A local government agency is any city, county,
district, or other local governmental body,
including the California State University (CSU)
and University of California (UC) systems, K-
12 public schools and community colleges
empowered to expend public funds.

This incentive fee is waived for CMAS
purchase orders issued to California certified
small businesses.

The check covering this fee shall be made
payable to the Department of General
Services, CMAS Unit, and mailed to the
CMAS Unit along with the applicable
Quarterly Report. See the provision in this
CMAS entitled “Contractor Quarterly Report
Process” for information on when and where
to send these checks and reports.

OBTAINING COPY OF ORIGINAL CMAS

AND AMENDMENTS
A copy of a CMAS and amendments, if any,
can be obtained at Cal eProcure
(caleprocure.ca.gov). A complete CMAS
consists of the following:
 CMAS cover pages (which includes the
signature page, ordering instructions and
special provisions, and any attachments
or exhibits as prepared by the CMAS
Unit)
 CMAS Terms and Conditions.
 Federal GSA (or Non-GSA) terms and
conditions
 Product/service listing and prices
 Amendments, if applicable.

It is important for the agency to confirm that
the required products, services, and prices
are included in the CMAS and are at or below
base contract rates. To streamline
substantiation that the needed items are in the
base contract, the agencies should ask the
CMAS contractor to identify the specific pages
from the base contract that include the
required products, services, and prices.

Agencies should save these pages for their
file documentation.

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
TRAFFIC AND PARKING CONTROL CO. INC
CMAS NO. 4-08-78-0042A, SUPPLEMENT NO. 6
Ordering Instructions and Special Provisions 18

CONTRACTORS ACTING AS FISCAL

AGENTS ARE PROHIBITED
When a subcontractor ultimately provides all
of the products or performs all of the services
that a CMAS contractor has agreed to
provide, and the prime contractor only
handles the invoicing of expenditures, then
the prime contractor's role becomes that of a
fiscal agent because it is merely
administrative in nature, and does not provide
a Commercially Useful Function (CUF). It is
unacceptable to use fiscal agents in this
manner because the agency is paying
unnecessary administrative costs.

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

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

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

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

CONFLICT OF INTEREST
Agencies must evaluate the proposed
purchase order to determine if there are any
potential conflict of interest issues. See the
CMAS Terms and Conditions, Conflict of
Interest, for more information.

FEDERAL DEBARMENT
When federal funds are being expended, the
agency is required to obtain (retain in file) a
signed “Federal Debarment” certification from
the CMAS contractor before the purchase
order is issued.

This certification is required by the regulations
implementing Executive Order 12549,
Debarment and Suspension, 29 CFR Part 98,
Section 98.510, Participants; responsibilities.

The regulations were published as Part VII of
the May 26, 1988 Federal Register (pages
19160-19211).

CONTRACTOR TRAVEL
The Travel provision is not applicable to this
CMAS.

LIQUIDATED DAMAGES FOR LATE

DELIVERY
The value of the liquidated damages cannot
be a penalty, must be mutually agreed upon
by agency and contractor and included in the
purchase order to be applicable.

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
TRAFFIC AND PARKING CONTROL CO. INC
CMAS NO. 4-08-78-0042A, SUPPLEMENT NO. 6
Ordering Instructions and Special Provisions 19

ACCEPTANCE TESTING CRITERIA
If the agency wants to include acceptance
testing for all newly installed technology
systems, and individual equipment, and
machines which are added or field modified
(modification of a machine from one model to
another) after a successful performance
period, the test criteria must be included in the
purchase order to be applicable.

AMERICANS WITH DISABILITY ACT (ADA)
Section 504 of the Rehabilitation Act of 1973
as amended; Title VI and VII of the Civil
Rights Act of 1964 as amended; Americans
with Disabilities Act, 42 USC 12101; California
Code of Regulations, Title 2, Title 22;
California Government Code, Sections 11135,
et seq.; and other federal and State laws, and
Executive Orders prohibit discrimination. All
programs, activities, employment
opportunities, and services must be made
available to all persons, including persons
with disabilities. See Attachment A for
Procurement Division’s ADA Compliance
Policy of Nondiscrimination on the Basis of
Disability.

Individual government agencies are
responsible for self-compliance with ADA
regulations.

Contractor sponsored events must provide
reasonable accommodations for persons with
disabilities.

DGS PROCUREMENT DIVISION CONTACT

AND PHONE NUMBER
Department of General Services
Procurement Division, CMAS Unit
707 Third Street, 2nd Floor, MS 2-202
West Sacramento, CA 95605-2 8 1 1
Phone # (916) 375-4365

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
TRAFFIC AND PARKING CONTROL CO. INC
CMAS NO. 4-08-78-0042A, SUPPLEMENT NO. 6
Ordering Instructions and Special Provisions 20

ATTACHMENT A

ADA NOTICE
Procurement Division (State Department of General Services)

AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE

POLICY OF NONDISCRIMINATION ON THE BASIS OF DISABILITY
To meet and carry out compliance with the nondiscrimination requirements of the Americans with Disabilities Act (ADA), it is the policy of the Procurement Division (within the State Department of General Services) to make every effort to ensure that its programs, activities, and services are available to all persons, including persons with disabilities.

For persons with a disability needing a reasonable accommodation to participate in the Procurement process, or for persons having questions regarding reasonable accommodations for the Procurement process, please contact the Procurement Division at (916) 375-4400 (main office); the Procurement Division TTY/TDD (telephone device for the deaf) or California Relay Service numbers which are listed below. You may also contact directly the Procurement Division contact person who is handling this procurement.

IMPORTANT: TO ENSURE THAT WE CAN MEET YOUR NEED, IT IS BEST THAT WE RECEIVE YOUR REQUEST AT LEAST 10 WORKING DAYS
BEFORE THE SCHEDULED EVENT (i.e., MEETING, CONFERENCE,
WORKSHOP, etc.) OR DEADLINE DUE-DATE FOR PROCUREMENT
DOCUMENTS.

The Procurement Division TTY telephone numbers are:

Sacramento Office: 916-376-5127 (CALNET 480-5127)
The California Relay Service Telephone Numbers are:

Voice: 1-800-735-2922, or 7-1-1
Speech to Speech Service: 1-800-854-7784

Updated 7/2019

CMAS QUARTERLY BUSINESS ACTIVITY REPORT
Company Name:

CMAS Number:

For Questions Regarding this Report Contact:

Name:

Phone Number:

E-mail:

Reporting Calendar Year: Revision 

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
Total Dollars Per
Purchase Order
Agency
Contact Agency Address Phone
Number

Total State Agency Dollars Reported for Quarter: $

LOCAL GOVERNMENT AGENCY PURCHASES
Local Government Agency
Name
Purchase Order
Number
Purchase
Order
Date
Total Dollars Per
Purchase Order
Agency
Contact Agency Address Phone
Number

Total Local Government Agency Dollars for Quarter: $

1% Remitted to DGS (does not apply to CA certified Small Businesses): $

Total of State and Local Government Agency Dollars Reported for this Quarter: $

Ordering Instructions and Special Provisions 22

ATTACHMENT B
CMAS Quarterly Business Activity Report
Instructions for completing the CMAS Quarterly Business Activity Report

1. Complete the top of the form with the appropriate information for your company.

2. Agency Name - Identify the State agency or Local Government agency that issued the order.

3. Purchase Order Number - Identify the purchase order number (and amendment number if applicable) on the order form. This is not your invoice number. This is the number the State agency or Local Government agency assigns to the order.

4. Purchase Order Date - Identify the date the purchase order was issued, as shown on the order. This is not the date you received, accepted, or invoiced the order.

5. Total Dollars Per Purchase Order - Identify the total dollars of the order excluding tax and freight. Tax must NOT be included in the quarterly report, even if the agency includes tax on the purchase order. The total dollars per order should indicate the entire purchase order amount (less tax and freight) regardless of when you invoice order, perform services, deliver product, or receive payment.

6. Agency Contact - Identify the ordering agency’s contact person on the purchase order.

7. Agency Address - Identify the ordering agency’s address on the purchase order.

8. Phone Number - Identify the phone number for the ordering agency’s contact person.

9. Total State Sales & Total Local Sales - Separately identify the total State dollars and/or Local Government agency dollars (pre-tax) for all orders placed in quarter.

10. 1% Remitted to DGS - Identify 1% of the total Local Government agency dollars reported for the quarter. This is the amount to be remitted to DGS by contractors who are not California certified small businesses.

11. Grand Total - Identify the total of all State and Local Government agency dollars reported for the quarter.

Notes:
• A report is required for each CMAS, each quarter, even if there are no new orders for the quarter. • Quarterly reports are due two weeks after the end of the quarter.

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