1-20-15-15_UI_Supp_8.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 1-20-15-15 Contract User Instructions, *Supplement 8*

Contract 1-20-15-15 Page 21 *04/17/2025* User Instructions 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

*Supplement 8* *(Incorporates Supplement 1-8)*

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 06/08/2010

Cal eProcure link: www.caleprocure.ca.gov

ORDER PLACEMENT INFORMATION

Mailing Address:

CNC Technologies, LLC 638 Lindero Canyon Road, Suite 385 Oak Park, CA 91377

Email:

bschrank@cnctechnologies.com Contact Information:

CNC Technologies, LLC Babette Schrank Phone: (530) 559-4919 Email: bschrank@cnctechnologies.com

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

SUMMARY OF CHANGES

· Cover Page: Contract extension.

· Article 45: Added language.

04/17/2025*

· Front Page and Article 29: Change State Contract Administrator.

10/22/2024

· Article 44: updated language and included list of vetted forms and certifications 07/25/2024

· Extension of contract through 3/31/2026

· Attachment A - Contract Pricing Worksheet: Update pricing, refresh Contract Line Item Numbers (CLIN), and CLIN substitutions 5/06/2024

· Front Page and Article 29: Change contract administrator.

1/25/2024

· Attachment A - Contract Pricing: Update/refresh pricing.

· Attachment B - Specifications: Update Specifications.

2/9/2023

· Front Page & Article 29: Update State Contract Administrator’s phone number and General Provisions URL.

· Article 8: Update language.

· Article 29: Remove fax number.

· Attachment A – Contract Pricing: Update Installation line and add new components.

4/14/2022

· Front Page & Articles 15 and 29: Update Contractor’s address.

6/28/2021

4/3/2020

All other terms and conditions remain the same.

TABLE OF CONTENTS

SCOPE

The State’s contract with CNC Technologies, LLC (Contractor) provides Fixed-Wing, Turbine-Engine Airplanes at contracted pricing to the California Highway Patrol (CHP) (except in cases of emergency as defined in Public Contract Code (PCC), Section 1102) as in accordance with the requirements of Contract # 1-20-15-15. 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 fixed-wing, turbine-engine airplanes to the State.

The contract term is for five (5) years with an option to extend the contract for three (3) 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 may be terminated at the end of the current contract term.

All equipment offered must be new and the latest model in current production. Used, shopworn, refurbished, demonstrator, prototype or discontinued models are not acceptable.

CONTRACT USAGE/RULES

State Departments

· The use of this contract is mandatory for CHP but available for use by 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.

Other Ordering Agencies

· Other ordering agency use of this contract is optional.

· Other ordering agencies are defined as “any city, county, city and county, district or other local governmental body or corporation empowered to expend public funds for the acquisition of goods, information technology, or services”, reference Public Contract Code (PCC), section 10298 (a) (b), State of California departments (State departments) and similar agencies outside of California, reference section 3019 of the FAST Act. Other ordering agencies shall have the same rights and privileges as State departments under the terms of this contract. Any other ordering agency desiring to participate shall be required to adhere to the same responsibilities as do State departments and have no authority to amend, modify or change any condition of the contract.

· Other ordering agencies shall have the same rights and privileges as the CHP under the terms of this contract. Other ordering agencies desiring to participate shall be required to submit to the same responsibilities as CHP and will have no authority to amend, modify or change any condition of this contract (with exception to their own Statement of Work (SOW) for delivery, locations, timelines, etc.).

· Each ordering agency shall determine whether use of this agreement is consistent with its procurement policies and regulations. When ordering an airplane, any ordering agency utilizing the resulting contract (except CHP) should include a SOW with the purchase order. The SOW should only include the Ordering Agency’s own requirements (i.e. Installation/Completion Requirements and Delivery/Inspection Requirements) using the name of the ordering agency in lieu of CHP. Other ordering agency SOW’s cannot change the terms and conditions of the contract.

· A DGS issued billing code is not required for other ordering agencies to place orders against this contract.

Unless otherwise specified within this document, from her forward the term “other ordering agencies” will refer to any California local government or any other State eligible to utilize this contract. “Ordering agencies” without the use of “other” shall refer to any California State department and other ordering agency. Usage instructions exclusive to State departments or other ordering agencies shall be identified within each article.

DGS ADMINISTRATIVE FEES

1. State Departments The DGS-PD 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 the DGS-PD.

Current fees are available online in the Price Book & Directory of Services (https://www.dgs.ca.gov/OFS/Price-Book) (go to Price Book Download and click on Purchasing under Procurement Division).

Other Ordering Agencies For other ordering agency transactions issued against the contract, the Contractor is required to remit the DGS-PD an Incentive Fee of an amount equal to 1.25 percent of the total purchase order amount excluding taxes and freight. This Incentive Fee can be included in the other ordering agency’s purchase price, invoiced or charged to the other ordering agency.

All prices quoted to other ordering agencies shall reflect State contract pricing, including any and all applicable discounts, and shall include no other add-on fees.

SB/DVBE OFF-RAMP PROVISION

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

EXEMPT PURCHASES

There are no exempt purchases associated with this contract.

PROBLEM RESOLUTION/SUPPLIER PERFORMANCE

All 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. All ordering agencies should include all relevant information and/or documentation (e.g., purchase documents).

CONTRACT ITEMS

Contract items are fixed annually for the first five (5) years. A non-core catalog is not included with this contract. Prices include items in the following categories:

· Airplane

· Components

· Services

· Bond

· Options

Additional parts may be purchased at time of airplane purchase. The Contractor may add a 10 percent fee for parts/services purchased without an airplane.

SPECIFICATIONS

All products listed on Attachment A, Contract Pricing, conform to Attachment B, Bid Specification Number 1510-4636r1, dated October 4, 2019.

CUSTOMER SERVICE

The Contractor will have a customer service unit that is dedicated to this contract. The customer service unit provides office and personnel resources for responding to inquiries, including telephone and email coverage weekdays during the hours of 8:00 a.m. - 5:00 p.m., PT.

The customer service unit shall be staffed with individuals that:

· Are trained in the requirements of this contract.

· Have the authority to take administrative action to correct problems that may occur; and

· Are designated for training and general customer service follow-up.

The Contractor’s customer service unit shall respond to all customer inquiries within one (1) business day of initial contact.

Product Substitutions Product substitution shall be in accordance with the General Provisions (rev 06/08/10), Article 16 entitled “Substitutions”.

The Contractor shall not substitute products, configurations, or modify contract information without written approval from the State Contract Administrator.

PROMOTIONAL PRICING

During special pricing promotions, the Contractor shall offer all ordering agencies a promotional price.

Promotional pricing shall not be cause for a permanent change in pricing. Promotional pricing shall not be cause for Contractor refresh.

Promotional items shall come with all benefits of the statewide contract terms and conditions and shall include all provisions such as warranty and delivery.

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 Office of State Publishing web site (https://www.dgsapps.dgs.ca.gov/osp/StatewideFormsWeb/Forms.aspx) (select STD Forms).

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

· Trade-In

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 orders against this statewide contract is not allowed.

Other Ordering Agencies Other ordering agencies may use their own purchase document for purchase execution. The purchase documents must include the same data elements as listed above (Exception: Purchasing Authority Number and Billing Code which are used by State departments only).

Unforeseen Change Variance An additional 5 percent above the term amount of each purchase order may be set aside for any unforeseen components or labor necessary to complete the installation as indicated within the contract. The Contractor is not entitled to any portion of this additional 5 percent unless the extra components/labor are documented and approved by the ordering agency project manager and the State Contract Administrator.

MINIMUM ORDER

The minimum order shall be one (1) item.

ORDERING PROCEDURE

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

· U.S. Mail

· Email

The Contractor’s Order Placement Information is as follows:

ORDER PLACEMENT INFORMATION

U.S. Mail:

CNC Technologies, LLC 638 Lindero Canyon Road, Suite 385 Oak Park, CA 91377 Phone #

(530) 559-4919 Email:

bschrank@cnctechnologies.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 RECEIPT CONFIRMATION

The Contractor will provide ordering agencies with an email and/or facsimile order receipt confirmation within twenty-four (24) hours of receipt of purchase document. The Order Receipt Confirmation shall include the following information:

· Contractor’s order number

· Ordering Agency name

· Agency order number (purchase order number)

· Description of goods

· Total cost

· Anticipated delivery date

· Identification of any out of stock/discontinued items

OUT OF STOCK REMEDY

Upon receipt of an order acknowledgment identifying out of stock items, the ordering agencies shall have the following options:

· Request a back order

· Cancel the item from the order with no penalty

The Contractor will provide notification to ordering agencies regarding out-of-stock items which have been back ordered.

Under no circumstance is the Contractor permitted to make substitutions with non-contract items or unauthorized products.

DISCONTINUED ITEM REMEDY

Upon receipt of an order acknowledgment identifying discontinued items, the ordering agencies shall have the following options:

· Amend purchase document to reflect State-approved substitute item

· Cancel the item from the order

Under no circumstance is the Contractor permitted to make substitutions with non-contract items or unauthorized products without approval from the State Contract Administrator.

Documentation/Certification Requirements The Contractor shall provide three (3) copies of each required, approved Stand Transport Category (STC) and FAA form 337 at the time of delivery of the airplane (See Page 2 of Attachment 2, Airplane Specification, 1510-4636r1, dated October 4, 2019, Airplane Certification Requirements).

All records, manuals, and logbooks must be in English.

All airworthiness directives and all manufacturer’s mandatory service bulletins, service letters and modifications, which are published prior to delivery, shall be complied with and verified by entries in the appropriate logbook.

The manufacturer’s standard warranties shall commence at the time the ordering agency project coordinator or his/her designee accepts the airplane.

At the time of delivery each airplane shall be accompanied with the following documents:

· One (1) airframe logbook.

· One (1) engine logbook.

· One (1) propeller logbook The Contractor shall provide the following documents and appropriate revision service for a minimum of five (5) years:

· Two (2) airplane maintenance and parts manuals.

· Two (2) engine maintenance and parts manuals.

· Two (2) manufacturer’s service bulletins and service letters.

· Two (2) sets of Avionics Operations Manuals for equipment purchased and installed as specified in this specification.

· Three (3) airplane flight manuals (pilot operating handbooks).

· Four (4) manufacturer’s pilot checklists.

All equipment described in the manufacturer’s catalog as “standard” shall be furnished with the airplane whether it is listed herein or unless replaced by other equipment specifically identified in the specification.

At delivery, the Contractor shall provide location diagrams of all equipment (electrical equipment, relays, terminal blocks, etc.) that is mounted in a location hidden from view. The location diagrams shall clearly state/show locations and reference flight station, water line and buttress line.

At delivery, the Contractor shall provide three (3) sets of schematics and working drawings of the instrument panel configuration, all radio equipment, all installed components/systems, all custom-manufactured equipment and installations, all modifications of standard off-the-shelf equipment that does not have schematics or drawings available, the overall system wiring, and audio control units.

All schematics and working drawings shall be legible and of professional quality, blueprint-type reproductions. Each reproduction copy must be at least 11” x 17”. The airplane’s registration number shall be included on all schematics and a separate drawing number shall be designated for each system installation.

There shall be a table of contents page that lists the system and the corresponding drawing number the system installation can be found on.

In addition to the three (3) sets of schematics and drawings, the Contractor shall provide a fully legible soft copy of schematics and drawings, provided on an electronic storage device (such as a DVD or memory stick) and in Adobe PDF format.

The electronic storage device shall contain a contents page or document that refers to all schematics or drawings. It shall cross reference all the schematics and drawings by:

· System

· STC

· and by any other system which allows rapid search and location of drawings as needed All documentation indicated is to be delivered by registered U.S. Mail or registered UPS to a location(s) specified by the ordering agency project coordinator. This registered delivery shall include the above documentation and all warranties and associated manufacturer’s warranties or applications for same and all technical data sheets for installed radio equipment.

The Contractor shall provide to the ordering agency project coordinator for approval, the proposed instrument panel layout, console, and all other equipment installation layout/location drawings prior to beginning the installation.

The Contractor shall acquire FAA registration (“N” numbers) for the completed airplane that shall end with the letters HP (Example: N1234HP).

DELIVERY SCHEDULES

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

1. Locations The airplane will be received by the ordering agency project manager and/or his/her designee for delivery at the Contractor’s completion center and transported to the ordering agency designated location.

1. Delivery Date In no event shall the delivery of the first airplane be more than 270 days after receipt of the purchase order, unless mutually agreed upon by the ordering agency project manager, the State Contract Administrator, and the Contractor. The Contractor shall provide to the ordering agency project manager a minimum two week notice prior to the anticipated delivery date. Late deliveries may have liquidated damages to the Contractor, negotiated between the ordering agency, the Contractor and the State Contract Administrator.

1. Liquidated Damages for Late Deliveries For each thirty (30) calendar days past the allotted delivery due date, the Contractor shall deduct 0.5 percent from the final payment. Each subsequent thirty (30) days will accumulate at a rate of 0.5 percent (i.e., 0.5%, 1.0%, 1.5%).

1. Security Requirements (Components only) Deliveries may be made to locations inside secure institutional grounds (such as the California State Prisons) that require prior clearances to be made for delivery drivers. Since security clearance procedures for each facility may vary, it will be the Contractor’s responsibility for contacting the secure location for security clearance procedures, hours of operation for deliveries and service, dress code, and other rules of delivery.

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

1. Components Only All prices offered shall be 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 shall remain with the Contractor until final inspection and acceptance, when all responsibility shall pass to the ordering agency, except the responsibility for latent defects, fraud, and the warranty obligations.

1. Airplane Only All prices offered shall be F.O.B. destination, freight prepaid by the Contractor, to the completion center. Responsibility and liability for loss or damage for all orders shall remain with the Contractor until final inspection and acceptance, when all responsibility shall pass to the ordering agency, except the responsibility for latent defects, fraud, and the warranty obligations.

PALLETS (components only) Unless otherwise specified on the ordering agency’s purchase order document, standard commercially available pallet sizes should be used. 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.

SHIPPED ORDERS (components only) All shipments shall be in accordance with the General Provisions, Article 12 entitled “Packing and Shipment”.

PACKING SLIP (components only) Packing slip requirements shall be in accordance with the General Provisions, Article 12 entitled “Packing and Shipment”.

PACKING LABEL (components only) A packing label will also be included with each order shipped and include the following items, visible on the outside of the box:

· Ordering agency name

· Delivery address, unit, and/or floor

· Ordering agency contact information

INSTALLATION/Completion

1. Pre-Work Conference Representatives of the ordering agency shall meet with the Contractor within thirty (30) calendar days at the Contractor’s Finishing/Completion Center for a Pre-Work Conference. The ordering agency representatives and the Contractor shall confer on the details of the configuration of the airplane. Additionally, the Contractor shall provide a tour of their facility to illustrate the Contractor’s ability to meet the specifications and completion schedules.

1. Additional Conferences Additional conferences can be held throughout the completions. The completion center shall allow the ordering agency representatives to inspect the status of the completion work during normal business hours or as otherwise agreed upon by the Contractor and the ordering agency representatives in accordance with General Provisions (GSPD-401Non-IT Commodities) revised 06/08/2010, Article 17.

1. Additional Information The Contractor will ensure that the Finishing/Completion Center documents all modifications to the airplane and installation of any equipment in the airplane in the appropriate airplane maintenance logbook. These logbook entries shall be complete at the time of airplane delivery and presented for inspection by the ordering agency representatives.

INSPECTION AND ACCEPTANCE

1. Mid-Point Inspection/Airplane This inspection shall be at the completion center’s location at some point in the integration process. The timing of the Mid-Point Inspection shall be discussed and agreed upon at the Pre-Work Conference.

1. Final Inspection/Airplane The airplane and associated equipment, when ready for delivery, shall be inspected and operationally checked at the completion center’s location by the ordering agency project manager or his/her designee to ensure compliance with all specifications contained herein. Upon successful completion of the Final Inspection, the ordering agency will approve delivery of the completed airplane.

1. 30-Day Acceptance Period/Airplane The acceptance period shall be completed by the ordering agency within thirty (30) days of the arrival date at the designated ordering agency’s location. After the airplane’s arrival, the equipment and installation shall be thoroughly inspected and functionally checked by the ordering agency project manager or his or her designee to ensure proper operation and compliance with FAA regulations and the specifications described herein. If necessary, to correct deficiencies identified during this inspection process, the Contractor will provide appropriately trained and certified personnel to correct any deficiencies at a designated location specified by the ordering agency project manager within 48-hours of contact with the Contractor.

Notwithstanding General Provisions (GSPD-401 Non-IT Commodities), revised 06/08/2010, Article 17, written notification of acceptance/rejection shall be made by the ordering agency within five (5) business days following the 30-day acceptance period.

If a rejection occurs, the airplane will be returned to the Contractor to fix any items not acceptable. Time frames for any fixes will be negotiated with the Contractor, ordering agency, and the State Contract Administrator at the time of occurrence. This is aside from the Warranty, in accordance with Article 37, Warranty.

Any other ordering agency purchasing an airplane must have a delivery schedule with their SOW in accordance with Article 2, Contract Usage/Rules.

Ordering agencies could place purchase orders for more than one (1) airplane at a time. The expectation of shorter delivery timeframes (less than 270 days each) for multiple airplane will be discussed at the time of each Pre-Work Conference.

1. Components Only Inspection and acceptance shall be in accordance with Section 3.3.2, Contract Terms and Conditions, General Provisions, (GSPD-401 Non-IT Commodities), revised 06/08/2010, Article 17.

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: Frank Martin 707 Third Street, 2nd Floor, MS 201 West Sacramento, CA 95605 CNC Technologies, LLC Attn: Babette Schrank 638 Lindero Canyon Road, Suite 385 Oak Park, CA 91377

RETURN POLICY (components only) The Contractor will accept all products for return at no cost to the ordering agency within thiry (30) calendar days of delivery and refund the customer in full.

Products returned should be in the packaging as delivered and include all documentation. Lost or damaged packaging materials and/or documentation shall be supplied by the Contractor. The Contractor shall not charge for these materials in excess of the Contractor’s cost or the 10 percent restocking fee, whichever is lower. The Contractor shall provide the State Contract Administrator and/or ordering agency a copy of the Contractor’s material cost, if requested, within ten (10) days of request.

All returns shall be picked up within seven (7) working days of notification. Notification is defined as notice in writing, by facsimile, or e-mail.

custom product return policy (components only) Ordering Agencies shall accrue no charges for custom product if the product is defective or freight damaged. Any other custom product can be returned by any ordering agency but may be subject to a custom product return fee. Restocking fees shall not apply. These fees shall be negotiated between the Contractor, ordering agency and the State Contract Administrator.

CREDIT POLICY (components only) The Contractor shall offer a credit/refund for the following items:

· Items shipped in error

· Items that are returned within thirty (30) calendar days of delivery

· Defective or freight-damaged items

In all cases, the ordering agency shall have the option of taking an exchange, receiving a credit, or receiving a refund.

The Contractor will be responsible for the credit or replacement of all products, including those covered by manufacturer warranties. The Contractor cannot require the ordering agency to deal directly with the manufacturer.

RESTOCKING FEES

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

· Items returned that were damaged upon receipt

· Incorrect items shipped

· Defective items

· Items that are not accepted (within thirty (30) days of delivery)

· Unopened product (within thirty (30) days of delivery)

· Items for exchange (within thirty (30) days of delivery)

Re-stocking fees for all other reasons shall be 10 percent of the value of the items to be re-stocked.

The packaging and documentation provisions in accordance with Article 28 Return Policy and Article 29, Custom Product Return Policy shall apply to re-stocked items.

The Contractor will not be required to accept returns more than sixty (60) days after delivery. The ordering agency will be responsible for return transportation costs to the Contractor if so, accepted after sixty (60) days after delivery.

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

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

State Financial Marketplace State departments reserve the right to select the form of payment for all procurements, be it either an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS $Mart and/or Lease $Mart). If payment is via the financial marketplace, the Contractor will invoice the State department and the State department will approve the invoice and the selected Lender/Lessor for all product listed on the State's procurement document will pay the Contractor on behalf of the State.

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. State departments should contact the Contractor for copies of the Payee Data Record.

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: CDTFA (https://www.cdtfa.ca.gov/) State departments must adhere to the file documentation identified in the State Contracting Manual Volume 2.

WARRANTY

The Contractor shall provide a twenty-four (24) month warranty on the airplane and all installed equipment.

It is the Contractor’s responsibility to ensure all work performed by the integration/completion center shall be warranted by the integration/completion center for repair, to include parts and labor, for not less than twenty-four (24) months after acceptance of the airplane from the integration/completion center.

Any warranty repairs shall be performed at the assigned operating station of the airplane, as determined by the ordering agency, within the State of California unless the ordering agency should choose to have the warranty repairs performed at the facilities of the completion center.

The warranty shall begin on the date that the ordering agency accepts the airplane. The Contractor shall ensure that all manufacturers’ full warranties and warranty periods for purchased parts, components, and products, whether installed in the airplane or delivered as loose equipment with the airplane, are transferred to the ordering agency so that the ordering agency receives the full benefit of those warranties as offered by the manufacturers. In the event a manufacturer’s warranty does not cover the cost to troubleshoot and diagnose a problem, to include shipping, removal, and installation costs, those costs shall be the full responsibility of the Contractor. The Contractor shall be responsible for warranty, whether a Finishing/Completion Center is involved in the process, or not.

If the airplane is grounded due to a warranty repair item and mission demands require immediate repair and return to service, the Contractor shall respond within twenty-four (24) hours to affect the repair. If the Contractor is unable to respond within twenty-four (24) hours the ordering agency shall make necessary repairs by the most expeditious means available and shall be reimbursed by the Contractor.

The 30-Day Acceptance Period, in accordance with Article 26, Inspection and Acceptance is in addition to the Warranty and shall be covered under the same warranty for the thirty (30) days.

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

Service-Related Liquidated Damages For each calendar day over the allotted response time as specified in Article 36, Warranty, one and a half (1.5) days will be added to the warranty for the airplane or the item being repaired/serviced. Days begin at 6:00am and end at 6:00pm, unless otherwise agreed upon by the ordering agency and the State Contract Administrator.

Change in FAA Laws and Regulations At any time, laws and regulations can change which can have a ripple-effect on past products purchased. When this occurs, the Contractor shall offer any required parts and labor for the ordering agencies to update any airplane already purchased from this contract. These costs can be negotiated at time of occurrence between the Contractor, the ordering agency, and the State Contract Administrator.

The parts will then become part of technology refresh and added to the contract.

QUALITY ASSURANCE GUARANTEES

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

EQUIPMENT REPLACEMENT DURING WARRANTY

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

Product recall procedure The Contractor shall provide recall notification, regardless of level, in writing to the State Contract Administrator and each applicable ordering agency through the most expedient method possible. The notices, at a minimum, shall include a complete product description and/or identification, contract number, delivery order number and disposition instructions.

The Contractor shall pick up, test, destroy, or return recalled products to the manufacturer at no expense to the ordering agency. The Contractor shall issue replacement of product or credit for any product removed or recalled. Each ordering agency shall have the option of accepting either replacement product or credit in exchange for recalled/removed products.

RECYCLED CONTENT

There is no recycled content associated with this contract.

SB/DVBE PARTICIPATION

There is no Small Business (SB) or Disabled Veteran Business Enterprise (DVBE) participation for this contract.

VETTED FORMS/CERTIFICATIONS

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:

· GenAI Disclosure & Factsheet (STD 1000)

· Bidder Declaration Form (GSPD 05-105)

· DVBE Declaration Form (DGS-PD 843)

· Darfur Contracting Act Form

· California Civil Rights Certification Form

· Iran Contracting Act Certification

· Russian Sanctions Agreement

· Federal Debarment

State departments should make a notation of this within their procurement file.

*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.*

TRADE-IN

Ordering agencies may have trade-in airplanes. Those trade-in guidelines can be established during the Pre-Work Conference in accordance with Article 25, Installation/Completion. Other ordering agency trade-in guidelines must be submitted, reviewed and accepted by the State Contract Administrator.

1. Trade-In Value The Contractor has affixed a minimum trade-in value of 85 percent of the published value for the trade-in airplane at the time of the trade-in. This does not restrict a Contractor from affixing a value greater than 85 percent of the published value for the trade-in airplane. The airplane value will be derived from VREF (http://www.vref.com/).

1. Trade-In Value Adjustments Under the following conditions, the Contractor may amend in writing the value of the trade-in airplane with concurrence of the ordering agency and the State Contract Administrator prior to commencing any approved purchase order:

· If the airplane is damaged due to incident or accident after the initial bid and prior to trade-in.

· When otherwise mutually agreed upon in writing by the Contractor and the ordering agency.

Projected Accumulated Flight Hours The projected accumulated flight hours are calculated under the following conditions:

· Add Eighty (80) hours for each thirty (30) day period from date of VREF to date of trade-in.

Historical Trade-In Data At the request of the Contractor, the ordering agency he will provide a history of the airplane to be traded in. If required, the airplane and its respective logbooks will be available to Contractor. The Contractor, at their own expense, may travel to the trade-in airplane’s location and inspect the airplane. The dates and times of the inspection will be determined by the ordering agency.

Trade-In Process It is the Contractor’s responsibility to plan with the ordering agency project manager for assuming possession and making transportation arrangements for the airplane traded in.

The airplane will be available for transfer to the Contractor fourteen (14) days after the delivery and acceptance of the replacement airplane (to allow time for the removal of equipment).

The following items, with exception of certain trays, wiring, and antennas will be removed from the airplane prior to transfer to the Contractor:

· Technisonic TFM 30 radio control head and receiver/transmitters.

· Technisonic TDFM 7000 radio control head and receiver/transmitters.

· Iridium Flightcell Cradle.

· Any sensor system and all related equipment/wiring/brackets to include mapping equipment and antenna.

· Uniden Bearcat Scanner.

· Lojack.

· All loose, not permanently attached items, except for the connector cords and switchboxes.

All ordering agency markings on the airplane will be removed or obscured by the ordering agency prior to transfer to the Contractor.

The Contractor must take delivery of the traded-in airplane no later than thirty (30) days following the fourteen (14) day equipment removal. All costs associated with the trade-in airplane after thirty (30) days from the date of acceptance of the new airplane shall be deducted from the cost of the new airplane. The invoice is to be paid upon acceptance of the new airplane and the removal of items from the traded-in airplane.

When the purchase order is generated by the ordering agency, the price bid for the trade-in will be subtracted from the total amount of the purchase order. A complete breakdown will be given on the purchase order. If progress payments are set, then the discount of the trade-in will be subtracted from the final payment.

training

1. Pilot Training Pilot transition training shall be provided for up to six (6) pilots at a time, per aircraft. Training will include, but not be limited to, ground and flight instruction covering aircraft systems and all normal and emergency procedures for the aircraft supplied. Training shall be a minimum of five (5) days in duration. The Contractor shall provide all necessary written and electronic training material.

1. Maintenance Training Maintenance training for the airplane shall be provided for two (2) people.

1. Technical Equipment Training A minimum of one (1) day of training per system shall be provided by representatives from the respective manufacturers of each of the following installed systems:

· Sensor system

· Mapping system

· Downlink System

· Law Enforcement Radio System

· Satellite Phone and Tracking System

· Audio Panel System

· Direction Finding System

2. ATTACHMENTS

Attachment A – Contract Pricing, Supplement 5 dated 05/06/2024 Attachment B – Specification Number 1510-4636r1, Supplement 3 dated December 27, 2022 image1.jpeg