0._User_Instructions_1-26-89-03.docx

Department of General Services Procurement Division 707 Third Street, 2nd Floor West Sacramento, CA 95605-2811

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION

Contract (Mandatory) 1-26-89-03 Contract User Instructions

Page 12 1/5/2026 State of California

STATEWIDE CONTRACT

USER INSTRUCTIONS

All changes to most recent Supplement are in bold red italic. Additions are enclosed in asterisks, *, and deletions are enclosed in brackets, [].

MANDATORY

The contract user instructions, products, and pricing are included herein. All purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions:

Non-IT General Provisions (rev 2/20/2025)

Cal eProcure link: www.caleprocure.ca.gov

ORDER PLACEMENT INFORMATION

Mailing Address:

Adolph Inc.

1099 E. Champlain Drive, #263 Fresno, CA 93720 Fax/Email:

Fax: (559) 237-7058 Email: orders@adolphinc.com Contact Information:

Adolph Inc.

Jeff Adolph Phone: 559-237-7056 Email: jeff@adolphinc.com

All changes to most recent Supplement are in bold red italic. Additions are enclosed in asterisks; deletions are enclosed in brackets with strikethrough.

SUMMARY OF CHANGES

1/5/2026

All other terms and conditions remain the same.

TABLE OF CONTENTS

SCOPE

The State’s contract with Adolph Inc. (Contractor) provides Margarine & Buttery Spread at contracted pricing to the State of California in accordance with the requirements of Contract # 1-26-89-03. The Contractor shall supply the entire portfolio of products as identified in the contract and will be the primary point of contact for data collection, reporting, and distribution of Margarine & Buttery Spread to the State.

The contract term is for two (2) years with an option to extend the contract for two (2) additional one (1) year periods or portion thereof. The terms, conditions, and prices for the contract extension option shall be by mutual agreement between the Contractor and the State. If a mutual agreement cannot be met the contract will expire at the end of the current contract term.

CONTRACT USAGE/RULES

State Departments

· The use of this contract is mandatory for all State of California departments.

· State departments must adhere to all applicable State laws, regulations, policies, best practices, and purchasing authority requirements, e.g. California Codes, Code of Regulations, State Administrative Manual, Management Memos, and State Contracting Manual Volume 2, as applicable.

· Prior to placing orders against this contract, State departments must have been granted non-IT purchasing authority by the Department of General Services, Procurement Division (DGS-PD) for the use of this statewide contract. State departments that have not been granted purchasing authority by DGS-PD for the use of the State’s statewide contracts may contact DGS-PD’s Purchasing Authority Management Section by e-mail at pams@dgs.ca.gov.

· State departments must have a Department of General Services (DGS) agency billing code prior to placing orders against this contract. Ordering departments may contact their Purchasing Authority contact or their department’s fiscal office to obtain this information.

Local Governmental Agencies This contract is not available to local governmental agencies.

Unless otherwise specified within this document, the term “ordering agencies” will refer to all State departments and/or local governmental agencies eligible to utilize this contract. Ordering and/or usage instructions exclusive to State departments or local governmental agencies shall be identified within each section.

DGS ADMINISTRATIVE FEES

1. State Departments The DGS will bill each State department an administrative fee for use of this statewide contract. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS.

Current fees are available online in the Price Book & Directory of Services (go to Price Book Download and click on Purchasing under Procurement Division).

Local Governmental Agencies This contract is not available to local governmental agencies.

SB/DVBE OFF-RAMP PROVISION

There is no SB/DVBE off ramp associated with this contract.

PROBLEM RESOLUTION/SUPPLIER PERFORMANCE

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

CONTRACT ITEMS

Contract items and pricing are listed on Attachment 1 – Contract Pricing.

Nutritional facts and product information for all items can be found in Attachment 3, Nutritional Fact Sheets.

SPECIFICATIONS

All products listed on Attachment 1, Contract Pricing, conform to Attachment 2, Bid Specification Number 8945-BS-0253977 (1), dated May 29. 2025.

CUSTOMER SERVICE

Contractor will provide office and personnel resources for responding to requests, including telephone coverage weekdays during the hours of 8:00 AM through 5:00 PM (PT).

PRODUCT SUBSTITUTIONS

If, during the contract term, specific contract line items are no longer available, Contractor may propose substitute product that either meets or exceeds the minimum requirements. Product substitution shall be in accordance with the General Provisions (rev 02/20/2025), Section 4.1 entitled “Substitutions”. The Contractor shall not substitute products without written approval from the State Contract Administrator.

PRICE MODIFICATION

All prices shall be firm fixed for the original contract term, unless a price adjustment is granted by DGS-PD.

PROMOTIONAL PRICING

The Contractor shall immediately notify the State Contract Administrator of all manufacturer’s price declines and ordering agencies shall receive full benefit of such declines.

PURCHASE EXECUTION

1. 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 Statewide Forms Directory.

All Purchasing Authority Purchase Orders (Std. 65) must contain the following:

· Agency Order Number (Purchase Order Number)

· Ordering Agency Name

· Agency Billing Code

· Purchasing Authority Number

· Leveraged Procurement Number (Contract Number)

· Supplier Information (Contact Name, Address, Phone Number, Fax Number, E-mail)

· Line Item number

· Quantity

· Unit of Measure

· Commodity Code Number

· Product Description

· Unit Price

· Extension Price

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

Blanket Orders The use of blanket purchase orders against this statewide contract is not allowed.

Local Governmental Agencies This contract is not available to local governmental agencies.

MINIMUM DELIVERY QUANTITY

The Minimum Delivery Quantity (MDQ) for this contract is 200 LBS per delivery. The State will not accept any increases to the MDQ by the Contractor.

Orders for less than the MDQ, or for less than full case quantities, may be accepted at the Contractor’s discretion, and shall otherwise be considered non-contract and may be purchased from other sources.

ORDERING PROCEDURE

Ordering agencies are to submit appropriate purchase documents directly to the Contractor via one of the following ordering methods:

· U.S. Mail

· Facsimile

· Email The Contractor’s Order Placement Information is as follows:

ORDER PLACEMENT INFORMATION

U.S. Mail:

Adolph Inc.

1099 E. Champlain Drive, #263 Fresno, CA 93720 Facsimile:

(559) 237-7058 Email:

orders@adolphinc.com

When using any of the ordering methods specified above, all State departments must conform to proper State procedures.

ORDER ACCEPTANCE

The Contractor shall accept orders from any ordering agency. The Contractor shall not accept purchase documents for this contract that:

· Are incomplete

· Contain non-contract items

· Contain non-contract terms and conditions The Contractor must not refuse to accept orders from any ordering agency for any other reason without written authorization from the State Contract Administrator.

ORDER ACKNOWLEDGEMENT

The Contractor will provide ordering agencies with an email or facsimile order receipt acknowledgement within two (2) business days of receipt of purchase document. The Order Acknowledgement shall include the following information:

· Contractor’s Order Number (if applicable)

· Ordering agency name

· Agency order number (purchase order number)

· Purchase order total cost

· Anticipated delivery date

· Identification of any Out of Stock/Discontinued Items

DELIVERY SCHEDULES

Delivery for orders placed against this contract shall be in accordance with the following:

1. Locations Deliveries are to be made (statewide) to the location specified on the individual purchase order, which may include, but not limited to inside buildings, high-rise office buildings, and receiving docks.

Schedule Orders will include a delivery schedule and shall be provided at least 15 days prior to the requested first delivery date on the delivery schedule. If the Contractor is unable to meet the requested delivery schedule, the Contractor will contact the ordering agency to arrange for a mutually acceptable modified delivery schedule.

The Contractor may reject an agency’s Purchase Order that is submitted less than 15 days prior to the first requested delivery date. Such rejected Purchase Order may be re-submitted with an updated delivery schedule.

Purchases orders may be accepted through the last day of the contract term; however, all deliveries shall be completed within 30 calendar days after the contract expires.

Security Requirements Deliveries may be made to locations inside secure grounds that require prior clearances or special entry procedures for delivery drivers.

Security procedures may vary from facility to facility. The Contractor will be responsible for contacting the secure location for security procedures, hours of operation for deliveries and service, dress code, and other rules of delivery.

EMERGENCY/EXPEDITED ORDERS

If there is an emergency order, the Contractor has the right to accept shorter delivery times, which will be subject to LESS-THAN-TRUCKLOAD (LTL) freight rates. If such orders require additional freight costs, the Contractor shall notify the ordering agency upon receipt of the order. Such notification shall be by telephone and confirmed in writing within 24 hours of receipt of an emergency order against the resulting contract.

FREE ON BOARD (F.O.B.) DESTINATION

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

PALLETS

All pallets shall be of sturdy construction and adequate condition to assure delivery of the goods without damage to the goods or safety hazards.

Exchange pallets may be available; however, the State assumes no responsibility for the availability to exchange pallets. Delivery drivers shall not remove more pallets from the location than delivering at time of delivery.

STORAGE, SHIPPING, AND PACKAGING

All shipments shall be in accordance with Non-IT General Provisions (rev 02/20/2025, Section 15.10, entitled “Packing and Shipment”).

All items furnished shall be latest pack on date of shipment and shall be first quality when grade is not specified.

All products ordered shall be delivered under acceptable standard sanitary conditions and must be in the correct quantity and free of damage Foil may present a security or safety risk and is not acceptable packaging material unless acceptable by the ordering agency.

Packaging and shipping containers shall follow current editions of the National Motor Freight Classification and Uniform Freight Classification. (Reference www.nmfta.org for information.)

Refrigeration, Frozen Products and Dry Storage Requirements Items requiring “Protection from Heat” shall be shipped and stored at a temperature below 50 degrees Fahrenheit.

Carrier equipment for straight loads of “Chilled” products will be required to be pre-cooled to a minimum temperature of 35 degrees Fahrenheit and a maximum temperature of 45 degrees Fahrenheit and shall be capable of maintaining temperature within that range to destination.

Carrier equipment for straight loads of “Frozen” products will be pre-cooled to 10 degrees Fahrenheit or lower before loading and capable of maintaining 0 degrees or lower to destination. Products should be loaded in carrier’s equipment as promptly as possible to minimize product temperature rise. At destination, the product shall be hard frozen with no signs of defrosting and temperature of the product shall not be above 0 degrees Fahrenheit. Frozen products will be wrapped in polyurethane wrapping.

Carrier equipment for mixed loads of “Frozen & Chilled” products will be required to be pre-cooled or pre-heated to a minimum of 35 degrees Fahrenheit and a maximum of 45 degrees Fahrenheit and shall be capable of maintaining the chilled portion of the load temperature within that range to destination.

The frozen products in the load shall be completely segregated by effective measures which will prevent damage to the other products in the load by installing effective insulating barrier(s) at the time of loading.

PACKING SLIP

Packing slip requirements shall be in accordance with the General Provisions (rev 02/20/2025), Section 15.10 entitled “Packing and Shipment”.

PACKING LABEL

Each shipping case or shipping unit shall clearly indicate the manufacturer or Contractor, a complete description including size and quantity, manufacturer’s product code number (if applicable) and net weight.

All processed food products are required to comply with the Federal Food, Drug and Cosmetic Act FDA Label Guidance. The product must bear a label complying with the Act, which requires that all ingredients be listed according to the order of their predominance.

INSPECTION AND ACCEPTANCE

In accordance with the General Provisions, rejection of deliverables must be processed within 30 days of delivery or it shall be deemed as accepted by the State.

RANDOM SAMPLE COMPLIANCE REVIEW

The State has the option of randomly sampling offered products after award from any order to ensure compliance to contract requirements. Any products failing random sample review will be replaced by the Contractor free of charge and re-evaluated by the State. The State has the option of removing listed line items that fail random sample compliance review. Notice may be made by phone or email. Failure to submit requested information may be considered a breach of contract and subject the Contractor to the General Provisions (rev 02/20/2025), Section 11.4 “Rights and Remedies of State for Default”.

CONTRACT ADMINISTRATION

Both the State and the Contractor have assigned contract administrators as the single points of contact for problem resolution and related contract issues.

Attn: Ashley Lockwood 707 Third Street, 2nd Floor, MS 201 West Sacramento, CA 95605 Adolph Inc.

Attn: Jeff Adolph 1099 E. Champlain Drive, #263 Fresno, CA 93720

INVOICING

Ordering agencies may require separate invoicing, as specified by each ordering agency. Invoices will contain the following information:

· Contractor’s name, address and telephone number

· Leveraged Procurement Agreement Number (Contract Number)

· Agency order number (purchase order number)

· Item and commodity code number

· Quantity purchased

· Contract price and extension

· State sales and/or use tax

· Prompt payment discounts/cash discounts, if applicable

· Totals for each order

PAYMENT

1. Terms Payment terms for this contract are net 45 days. Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927, et seq. Unless expressly exempted by statute, the Act requires State departments to pay properly submitted, undisputed invoices not more than 45 days after the date of acceptance of goods, performance of services, or receipt of an undisputed invoice, whichever is later.

CAL-Card Use Use of the CAL-Card for payment of invoices is not allowed under this statewide contract.

Payee Data Record Each State department’s accounting office must have a copy of the Contractor’s Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting offices. Without the Std. 204, payment may be unnecessarily delayed. The Std. 204 can be found in FI$CAL or may be requested from the Contractor.

CALIFORNIA SELLER’S PERMIT

The California seller permit number for the Contractor is listed below. Ordering Agencies can verify that permits are currently valid at the following website: www.cdtfa.ca.gov. State departments must adhere to the file documentation identified in the State Contracting Manual Volume 2.

WARRANTY

Warranty requirements shall be in accordance the General Provisions rev 02/20/2025), Section 5 entitled “Warranty & Representations”.

RECYCLED CONTENT

There is no recycled content associated with this contract.

SB/DVBE PARTICIPATION

The Small Business (SB) and Disabled Veteran Business Enterprise (DVBE) certifications and percentages for the Contractor and subcontractor(s) are listed below. State departments can verify that the certifications are currently valid at the following website: www.caleprocure.ca.gov.

Percent (%)

DVBE

Percent (%)

The Contractor will meet the contract SB and DVBE participation percentages as follows:

SB Participation: The Contractor (Adolph Inc.) is a California certified SB. For each order placed through this contract, State departments can claim 100 percent SB participation.

VETTED FORMS/CERTIFICATIONS

The DGS-PD, as the awarding department, has assessed the Contractor and subcontractor forms, certifications, and compliance to performing a commercially useful function (CUF) during the solicitation evaluation process. Consequently, when executing purchase documents pursuant to this contract, it is not necessary for State departments operating under statewide contract purchasing authority to conduct a CUF evaluation or request the completion of the following required certifications and forms:

· Bidder Declaration Form (GSPD 05-105)

· Darfur Contracting Act Form

· California Civil Rights Certification Form

· Iran Contracting Act Certification

· Russian Sanctions Agreement State departments should make a notation of this within their procurement file.

Any irregularities or concerns regarding prime or SB/DVBE sub-contractor responsibilities are to be immediately documented and reported to the State Contract Administrator for further investigation. Information provided to the State Contract Administrator includes, but is not limited to:

· Copy of executed purchase document

· Value-added service description

· Work performance issue or concern

· State department contact name, email, and phone number.

GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) PROCUREMENT PROCEDURES GenAI contract provisions (rev. 2/20/2025) have been incorporated into the contract. Contractor does not intend to utilize GenAI as a deliverable. If GenAI is disclosed by the Contractor, state departments must follow the required GenAI purchase procedures outlined in SCM Vol.2, Chapter 23, Generative Artificial Intelligence.

ATTACHMENTS

Attachment 1 – Contract Pricing Attachment 2 – Specification 8945-BS-0253977 (1) Attachment 3 – Nutritional Facts image1.jpeg