1-20-68-01B_-User_Instructions_-_Supp_9.docx

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Statewide Contract CA|1-20-97-36|0000013047
Contract number
1-20-97-36
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California

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This document is a California Department of General Services (DGS) Statewide Contract User Instructions for Contract #1-20-68-01B, involving Harris Industrial Gases as the primary contractor. The contract covers State of California departments within Area 3 counties (Butte, Colusa, El Dorado, Glenn, Nevada, Placer, Sacramento, Sierra, Sutter, Yolo, Yuba) and is also available to local governmental agencies including California State Universities, University of California system, K-12 schools, and community colleges.

The contract provides for the procurement of Medical, Industrial, and Specialty Gases, with core and non-core line items available through a standardized pricing structure. The contract term runs from 10/27/2020 through 10/26/2025, with an option to extend for two additional one-year periods. Pricing includes both core line items listed in Attachment A and non-core items with a discount off list price. Harris Industrial Gases is a certified Small Business (100% SB participation) with no DVBE participation. The contract includes provisions for emergency delivery, cylinder rentals, quality control, and comprehensive ordering procedures for state departments and local governmental agencies, with administrative fees applied to transactions and specific delivery and service requirements.

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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) Contract Number 1-20-68-01B Contract User Instructions – *Supplement 9*

Contract 1-20-68-01B Page 2 *07/25/2024* 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 9* *(Incorporates Supplements 1 – 9)*

ISSUE AND EFFECTIVE DATE:*07/25/2024*
CONTRACT NUMBER:1-20-68-01B
DESCRIPTION:Gases (Medical, Industrial, and

Specialty) – Area 3, Groups 1-3 Only

CONTRACTOR:Harris Industrial Gases
CONTRACT TERM:10/27/2020 through 10/26/2025
STATE CONTRACT ADMINISTRATOR:Jamie Boes
(279)240-7274
Jamie.Boes@dgs.ca.gov

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 (http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/dgspd 401.pdf) Cal eProcure link: www.caleprocure.ca.gov

ORDER PLACEMENT INFORMATION

Mailing Address:

Harris Industrial Gases 8475 Auburn Blvd.

Citrus Heights, CA 95610

Fax/Email:

Fax: N/A

Email:

kwebster@harrisgas.com

Contact Information:

Harris Industrial Gases Kat Webster Phone: (916) 725-2767 Email: kwebster@harrisgas.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

Supplement Number
Description/Articles
Supplement Date
*9*
*Subject contract for Gases (Medical, Industrial, and Specialty) is hereby modified to reflect the following changes:

· Article 31: Vetted Forms/Certifications language has been updated.

· Article 32: Exemption to Gen-AI Procurement Procedure language has been added.

*07/25/2024*

8
Subject contract for Gases (Medical, Industrial, and Specialty) is hereby modified to reflect the following changes:

· State Contract Administrator information on page 1 of User Instructions has been updated.

· Article 12.A.3 – Blanket Orders language has been updated.

· Article 22 – Contract Administration information has been updated.

04/18/2024

7
Subject contract for Gases (Medical, Industrial, and Specialty) is hereby modified to reflect the following changes:

· State Contract Administrator and Supplier information on page 1 of User Instructions has been updated.

· Article 14 – Ordering Procedure – Order placement information has been updated.

· Article 22 – Contract Administrator – Contract Administrator and Supplier information has been updated.

· Attachment A – Contract Pricing has been updated for CLIN 3134 and CLIN 3135 only.

02/26/2024

6
Subject contract for Liquefied Petroleum Gas (LPG) is hereby modified to reflect the following changes:

· Contract has been extended for another year. New contract end date is 10/26/2025 11/28/2023

5
Subject contract for Liquefied Petroleum Gas (LPG) is hereby modified to reflect the following changes:

· Attachment A – Contract Pricing has been updated to reflect a price increase.

· Contract has been extended for another year 02/21/2023

4
Subject contract for Liquefied Petroleum Gas (LPG) is hereby modified to reflect the following changes:

· Article 12 – Purchase Execution # 3 – Blanket Purchase Orders language has been update.*

· Article 22 – Contract Administration – Departments Fax number has been removed and is N/A.

· Article 31 – Bidder Declaration/Commercially Useful Function (CUF) – Russian Sanctions Language has been added.

12/01/2022

3
Subject contract for Liquefied Petroleum Gas (LPG) is hereby modified to reflect the following changes:

· Attachment A – Contract Pricing Page has been updated. Contract number had to be corrected. The “B” was left off in error.* Prices remain the same.

6/20/2022

2
Subject contract for Liquefied Petroleum Gas (LPG) is hereby modified to reflect the following changes:

· State Contract Administrator phone number on page 1 of User Instructions has been updated.

· Article 22 – Contract Administrator – State Contractor Administrator phone number has been updated.

· Attachment A – Contract Pricing has been updated.

02/08/2022

1
Subject contract for Gases, Medical, Industrial & Specialty is hereby modified to reflect the following changes:

· Article 30 - SB/DVBE Participation Language has been revised.

01/13/2021

N/A
Original Contract Posted

10/27/2020

All other terms and conditions remain the same.

TABLE OF CONTENTS

1.SCOPE7
2.CONTRACT USAGE/RULES7
3.DGS ADMINISTRATIVE FEES8
4.SB/DVBE OFF-RAMP PROVISION8
5.EXEMPT PURCHASES8
6.PROBLEM RESOLUTION/SUPPLIER PERFORMANCE8
7.CONTRACT ITEMS9
8.SPECIFICATIONS9
9.CUSTOMER SERVICE10
10.Product Substitutions10
11.PROMOTIONAL PRICING11
12.PURCHASE EXECUTION11
13.MINIMUM ORDER12
14.ORDERING PROCEDURE12
15.ORDER ACCEPTANCE13
16.ORDER RECEIPT CONFIRMATION13
17.DELIVERY SCHEDULES13
18.ADDITIONAL REQUIREMENTS14
19.FREE ON BOARD (F.O.B.) DESTINATION16
20.SHIPPED ORDERS16
21.SAFETY DATA SHEET16
22.CONTRACT ADMINISTRATION16
23.RANDOM SAMPLE COMPLIANCE REVIEW17
24.RECALL PROCEDURES17
25.INVOICING17
26.PAYMENT18
27.CAL-CARD INVOICING19
28.CALIFORNIA SELLER’S PERMIT19
29.RECYCLED CONTENT19
30.SB/DVBE PARTICIPATION19
31.*VETTED FORMS/CERTIFICATIONS*20
32.*EXEMPTION TO GEN-AI PROCUReMENT PROCEDURES*20
33.ATTACHMENTS20

SCOPE

The State’s contract with Harris Industrial Gases (Contractor) provides at contracted pricing to the State of California and local governmental agencies in accordance with the requirements of Contract # 1-20-68-01B. 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 Gases (Medical, Industrial, and Specialty) to the State.

The contract term is for three (3) years with an option to extend the contract for two (2) additional one (1) year period 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.

CONTRACT USAGE/RULES

State Departments

· The use of this contract is mandatory for all State of California departments within the counties of Area 3 (Groups 1 – 3 only).

· 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

· Local governmental agency use of this contract is optional.

· Local government agencies are defined in Public Contract Code Chapter 2, Section 10298 (a) (b) and 10299 (b); this includes the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges empowered to expend public funds for the acquisition of products While the State makes this contract available to local governmental agencies, each local governmental agency should determine whether this contract is consistent with its procurement policies and regulations.

· Local governmental agencies shall have the same rights and privileges as State departments under the terms of this contract. Any local governmental agencies 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.

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

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 article.

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 (https://www.dgs.ca.gov/OFS/Price-Book) (go to Price Book Download and click on Purchasing under Procurement Division).

Local Governmental Agencies For all local government 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 shall not be included in the local governmental agency’s purchase price, nor invoiced or charged to the local governmental agency. All prices quoted to local governmental 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

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

Core Line Items:

Core contract line items are defined as high-use Gases (Medical, Industrial, and Specialty) commonly purchased by the State, based on recent historical data.

All available core line items and associated prices are listed on Attachment A - Contract Pricing for Area 3 (Groups 1 – 3 Only)

Group 1 – Medical Gases Group 2 – Industrial Gases Group 3 – Specialty Gases

Non-Core Line Items:

Non-core items are defined as all Gases, within scope of the contract, available from the Contractor. Non-core items shall be limited to items within the area and groups available under this contract. Contractors are not allowed to offer gas types that are outside of the awarded group type. These non-core items are items that are not included as part of the core line items identified in Attachment A – Contract Pricing. Items outside of the scope of this contract shall not be allowed.

The Contractor’s discount off list price (quoted on Attachment A – Contract Pricing, Non-Core Items) will be applicable to all non-core items purchased by ordering agencies from the Contractor.

State of California Areas defined:

The table below shows the awarded areas for Contract 1-20-68-01B. Gas deliveries shall be made within the boundaries of the awarded area. The areas are defined by counties as follows:

Area
Assigned Counties
Area 3
Butte, Colusa, El Dorado, Glenn, Nevada, Placer, Sacramento, Sierra, Sutter, Yolo, Yuba

SPECIFICATIONS

The minimum purity of any gas offered must be equal to, or greater than, the stated purity on the contract price sheets. The gases shall be commercial grade, unless otherwise noted. The actual quantity of product delivered in the cylinders/dewars shall be within (+/-) 5 percent of the proposed quantity listed in Attachment A - Pricing Worksheet.

Gas quantity shall be measured at Standard Temperature and Pressure (STP).

All items identified as for “medical use” shall be medical grade gases and must be manufactured at an FDA registered facility. All medical gases must meet United States Pharmacopeia (USP) and National Fire Prevention Association (NFPA) regulations.

A. Certificate of Analysis

The Contractor shall provide, at no cost to the State, a “Certificate of Analysis” (COA) and/or a batch analysis for all Specialty gases being delivered under this contract. Any delivery without a COA and/or batch analysis may be deemed unacceptable and non-compliant to the terms of the contract and may be returned at the Contractor’s expense. COAs for Industrial and/or Medical gases at time of delivery are not required.

B. Cylinder Fittings

All cylinder fittings shall be in accordance with the Compressed Gas Association (CGA) standards. In the event of any modifications by the CGA to these standards, the State shall be notified, in writing, thirty (30) days prior to the delivery of any modified cylinders to allow time to obtain new cylinder regulators.

C. Cylinder Labeling and Identification

All cylinders/tanks shall be affixed with a label identifying supplier’s name, logo, and address to insure the correct cylinders/tanks are returned to the Contractor. Each cylinder/tank must list contents and grade. Labels must be affixed to each cylinder/tank (string or wire attached tags will not be acceptable). All cylinders/ tanks shall be marked, labeled, and shipped in accordance with the nationally recognized standards and in accordance with all parts of the Code of Regulations – D.O.T. Hazardous Materials Regulations 49 CFR, Parts 171-185, (6/2002) and NFPA Pamphlet 58, Standard for the Storage and Handling of Liquified Petroleum Gases (2011), or most current versions.

All shipments must comply with General Provisions (rev 06/08/2010), Paragraph 12 entitled “Packing and Shipment”.

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).

Contact
Phone
Email
Nancey Holland
(916) 725-2767
kwebster@harrisgas.com

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

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, effective on the date of manufacturer’s public announcement.

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

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 (BPO) for this statewide contract is permitted. The following Guidelines must be met and are to be documented on each BPO.

· The order does not cross into different Fiscal Years

· The order is only used for items on the contract

· The order does not exceed the contract period

· When funds are exhausted a new order is issued

· The order is issued only to one contract supplier.

All orders placed against the blanket purchase order (BPO) shall be invoiced at the current contract price at the time the individual order is placed. BPOs should not include a contract unit price, however, if the BPO specifies a contract unit price, an amendment to the BPO is required.

Local Governmental Agencies Local governmental 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).

MINIMUM ORDER

The minimum order shall be one (1) cylinder/dewar of any size, type, or weight. Departments shall order by cylinder/dewar. Bulk deliveries shall be as specified.

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:

Harris Industrial Gases 8475 Auburn Blvd.

Citrus Heights, CA 95610 Facsimile:

(916) 725-2117 Email:

kwebster@harrisgas.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 or facsimile order receipt confirmation within forty-eight (48) hours of receipt of purchase document. The Order Receipt Confirmation shall include the following information:

· Ordering agency name

· Agency order number (purchase order number)

· Purchase order total cost

· Anticipated delivery date

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 Delivery of ordered product shall be completed in full within five (5) working days after receipt of an order (ARO). Since receiving hours for each ordering agency will vary by facility, it will be the Contractor’s responsibility to check with each ordering agency for their specific delivery hours before delivery occurs. The Contractor must notify the ordering agency within twelve (12) hours of scheduled delivery time, if delivery cannot be made within the time frame specified on the Order Receipt Confirmation.

The Contractor is requested to make deliveries in Los Angeles County, Orange County, San Bernardino Metropolitan Area, and San Diego Metropolitan Area during off-peak hours. Off-peak hours are Monday through Friday, 10:00 AM to 4:00 PM PT.

Security Requirements 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.

Emergency Delivery Contractor must have Emergency Delivery available on a twenty-four (24) hour basis. Emergency deliveries shall be FOB Destination and must be delivered within twenty-four (24) hours after notification. Deliveries requested outside the regular working hours (after 5pm, PST) or Saturdays, Sundays, and State holidays shall be considered an emergency delivery.

The Contractor’s Emergency Delivery contact is as follows:

Emergency Delivery Contact
Phone
Email
Jon Sanchez
(916) 225-7839
jsanchez@harrisgas.com

Note: Ordering agencies shall hold the number of emergency deliveries to a minimum.

ADDITIONAL REQUIREMENTS

1. Quality Control

If quality problems are suspected, a technical representative shall be available within 48 hours of notification. In addition, the ordering agency may request an analysis by an independent laboratory, all at no additional cost to the State. Any damages due to non-compliant gases i.e., contamination from improper gas formulations, mislabeled or defective cylinders, shall be the responsibility of the Contractor. If suspected gas cylinder is determined to be within state specification based on independent lab test results, the ordering agency will reimburse the Contractor for the cost of independent lap testing and contents.

1. Quality Assurance

Products not meeting all specified requirements will be deemed noncompliant and will be returned at the Contractor’s’s expense. Contractor shall replace all rejected non-compliant products with fully compliant new stock, at no cost to the State, within five (5) working days of notice of non-compliance.

1. Cylinder/Dewar Rental

Gases are to be shipped in “No Deposit” cylinders. Cylinder/Dewar Rental Fees shall be shown as a separate line item on the invoice. Rental fees shall cease to accrue the day Contractor picks up empties. Contractor shall pick up the empties within five (5) working days, or mutually agreed upon date, after notification from the State. All State-owned cylinders/dewars shall be exempt from the monthly rental charges.

1. Emergency Services

Supplier must have Emergency Services available on a twenty-four (24) hour basis to replace Contractor-owned units. Service must be available within four (4) hours after notification from the State.

The Contractor’s Emergency Services contact is as follows:

Emergency Services Contact
Phone
Email
Jon Sanchez
(916) 225-7839
jsanchez@harrisgas.com

Note: The number of emergency services will be held to a minimum.

1. Cylinder/Dewar Pickup

The Contractor will be required to remove empty Contractor-owned cylinders from the department’s site within five (5) working days after notification or when a scheduled delivery of full cylinders has been placed (whichever comes first). The pickup service for cylinders/dewars shall be provided at no additional cost to the State, F.O.B agency location.

At the end of the resultant contract(s), cylinders in the departments’ possession at the time of contract expiration will be returned to the Contractor within 45 days of when the contract expires. Upon return, Contractor may issue a credit for any non-medical and non-specialty cylinders identified by the State and verified by the Contractor as full/unused. Failure by ordering agencies to return rental cylinders/dewars within 45 days after contract expiration may result in Loss of Use charges. See Attachment A1 – Loss of Use Pricing

1. Pickup/Delivery Documentation

It shall be the responsibility of the Contractor to provide the following:

1. Document/track each cylinder/dewar and rental charges for each pickup/delivery.

2. Obtain signature of delivery driver for each pickup/delivery.

3. Obtain department personnel’s signature confirming each pickup/delivery.

It shall be the Contractor’s responsibility to substantiate any claims for unreturned cylinders, dewars, or unpaid rental charges by providing documentation. Any pickup/delivery documentation not reflecting both the Contractor and agency personnel’s signature may not be used to substantiate any unreturned cylinders/dewars or unpaid rental charges.

1. Alternate Cylinder Sizes

If the Contractor cannot provide the cylinder size on a contract line item, an acceptable alternate cylinder size must be provided. The alternate cylinder size shall be priced at the same price per unit of measure for that contract line item. No additional fees, delivery, rental charges, etc. shall apply. The alternate cylinder size must be provided within five (5) days of department order placement and must be acceptable to the ordering department.

1. Loss of User Cylinder/Dewar Replacement

Attachment A1 – Loss of Use Pricing provides a breakdown of the cost of replacement cylinders and dewars in case of loss by ordering agency.

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.

SHIPPED ORDERS

All shipments shall be in accordance with the General Provisions, Article 12 entitled “Packing and Shipment”.

SAFETY DATA SHEET

The Contractor shall provide a Safety Data Sheet for product(s) subject to Title 8 of the California Code of Regulations, Section 5194, Hazard Communication. The Safety Data Sheet is to be prepared and delivered in accordance with this Section.

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.

Administrator Information
DGS-PD
Contractor’s Name

Harris Industrial Gases

Contact Name:
Jamie Boes
Jeremy Lawson
Telephone:
(279) 240-7274
(916) 725-2168
Facsimile:
N/A
(916) 725-2117
Email:
jamie.boes@dgs.ca.gov
jlawson@harrisgas.com
Address:
DGS/Procurement Division

Attn: Jamie Boes 707 Third Street, 2nd Floor, MS 201 West Sacramento, CA 95605 Harris Industrial Gas Attn: Jeremy Lawson 8475 Auburn Blvd.

Citrus Heights, CA 95610

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 Non-IT General Provisions (rev 06/08/2010), paragraph 26 entitled “Rights and Remedies of State for Default”.

RECALL PROCEDURES

The Contractor shall provide recall notification, regardless of level, in writing to the State Contract Administrator and each 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 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.

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.

CAL-Card Use State departments may use the CAL-Card for the payment of invoices. Use of the CAL-Card requires the execution of a Purchasing Authority Purchase Order (Std. 65) in accordance with Article #12, Purchase Execution and must include all required documentation applicable to the purchase.

The CAL-Card is a payment mechanism, not a procurement approach and, therefore, does not relieve State departments from adhering to all procurement laws, regulations, policies, procedures, and best practices, including those discussed in the State Contracting Manual (SCM) Volume 2. This includes but is not limited to the application of all sales and use tax laws, rules and policies as applicable to the purchase.

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.

CAL-CARD INVOICING

All CAL-Card invoices are to be processed separately from other payment methods and include the elements identified in Article #25, Invoicing. CAL-Card invoices shall be submitted to the CAL-Card account holder. The total invoice amount for each CAL-Card order must reflect a zero (0) balance due or credit, if applicable, and state “paid by CAL-Card”.

This website contains additional information regarding DGS-PD’s CAL-Card program (https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Enroll-in-CAL-Card-Program-for-Government-Entities).

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.

Contractor Name
Seller Permit #
Harris Industrial Gases
SRYKH 28-638610

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

Name
Prime or Subcontractor
OSDS Certification #
SB

Percent (%)

DVBE

Percent (%)

Harris Industrial Gases
Prime
5801
100%
0%

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

SB Participation: The Contractor (Harris Industrial Gases) is a California certified SB. For each order placed through this contract, State departments can claim 100% SB participation.

DVBE Participation:

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

*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)

· 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.

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.* *EXEMPTION TO GEN-AI PROCUReMENT PROCEDURES In accordance with SCM Vol.2, Chapter 23, Generative Artificial Intelligence, this Statewide Contract is exempt from the GenAI Procurement Procedures and does not require collection of the GenAI Reporting and Factsheet (STD 1000).*

ATTACHMENTS

Attachment A – Contract Pricing, Supplement 7 Attachment A1 – Loss of Use Pricing image1.jpeg

File details come from the government source that posted it. Updated .