1-21-68-43_User_Instructions_Supplement_5_.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) 1-21-68-43 Contract User Instructions, *Supplement 5*

Page 12 *4/18/2025* 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 5* *(Incorporates Supplements 1 – 5)*

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

10667 Jersey Blvd.

Rancho Cucamonga, CA 91730

Full-Service Bases

Incident Purchasing

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

SUMMARY OF CHANGES

· Article 28: added title and language.

*4/18/2025*

· Article 27: Updated language 7/31/2024

· Cover Page: Contract expiration date was extended to 6/30/2026.

· Attachment A, Contract Pricing, Supplement 3: Reflects a price increase.

7/1/2024

· Contract expiration date was extended to 6/30/25.

· Attachment A, Contract Pricing, Supplement 2 reflects additional line items.

· Attachment C, Scope of Work, Supplement 1 has been modified to add Water Tender types and operations.

· Section 20: Contract Administration - Contact information has been updated.

7/27/2023

· Contract expiration date was extended to 6/30/24.

· Attachment A, Contract Pricing, Supplement 1 reflects a price increase and additional line items.

· Attachment C, Scope of Work, Supplement 1 has been modified to add Channel Islands base.

· Section 27 Russia language added.

· State CA Fax number changed 7/21/2022

7/1/2021

All other terms and conditions remain the same.

TABLE OF CONTENTS

SCOPE

The State’s contract with Perimeter Solutions LP (contractor) provides Long Term Fire Retardant at contracted pricing to the California Department of Forestry and Fire Protection (CAL FIRE) in accordance with the requirements of Contract # 1-21-68-43. 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 Long-Term Fire Retardant to the State.

The contract term is for two (2) 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.

CONTRACT USAGE/RULES

State Departments

· The use of this contract is mandatory for CAL FIRE.

· 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.

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 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.

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

All available line items and associated pricing are listed on Attachment A – Contract Pricing

SPECIFICATIONS

All products listed on Attachment A, Contract Pricing, must conform to Attachment B – State of California Bid Specification Number 6850-5467, dated 3/12/21, and Attachment C – Statement of Work.

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).

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 against this statewide contract are allowed. Ordering agencies issuing blanket purchase orders must adhere to the following guidelines:

a) If the purchase crosses into a different Fiscal Year (FY); the ordering entity must warrant they have budget authority for the expenditure.

b) The order is only used for items on the contract.

c) The order does not exceed the contract period.

d) All orders placed against the blanket purchase order must be in writing.

e) When funds are exhausted a new order is issued.

f) The order is issued only to one contract supplier.

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

MINIMUM ORDER

There is no minimum order for this contract.

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

10667 Jersey Blvd.

Rancho Cucamonga, CA 91730

Full-Service Bases

Incident Purchasing

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 CAL FIRE only. The Contractor shall not accept purchase documents for this contract that:

· Are incomplete.

· Contain non-contract items; or

· Contain non-contract terms and conditions.

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:

A. Locations Deliveries are to be made (statewide) to the location specified on the individual purchase order which may include, but are not limited to, CAL FIRE Air Attack Bases and directly to fire incidents.

B. Schedule See Attachment C – Statement of Work for requirements. Since receiving hours for each location and order will vary, it will be the Contractor’s responsibility to confirm specific delivery hours before delivery occurs.

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”.

PACKING SLIP

A packing slip will be included with each shipment, which will include at least the following information in no particular order:

· Agency order number (purchase order number)

· Ordering agency name

· Line-item description

· Quantity ordered

· Quantity included in shipment

· Any back ordered or out of stock items and availability date of unfilled and partial shipment

· Number of parcels

· Destination

· All information contained on the packing label

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.

Perimeter Solutions LP

Attn: Tara Gill 707 Third Street, 2nd Floor, MS 201 West Sacramento, CA 95605 Perimeter Solutions LP Attn: Shannon Horn 10667 Jersey Blvd Rancho Cucamonga, CA 91730

INVOICING

The Contractor is to render invoices as described in Attachment C – Statement of Work. Invoices will contain at a minimum the following information:

· Contractor’s name, address, and telephone number

· Leveraged Procurement Number (Contract Number)

· Agency Order Number (Purchase Order Number)

· Line-Item Number

· Quantity purchased

· Contract price and extension

· State sales and/or use tax

· Prompt payment discounts/cash discounts, if applicable

· Totals for each order

Contractor shall provide invoices to CAL FIRE full-service bases twice per month. When these bases are operating Out of Contract Period (OCP), the Contractor will continue to invoice for LTFR product twice per month, and invoice for OCP on a 28-day schedule as described in Attachment C, Statement of Work, Figure 1, or when OCP operations shut down, whichever happens first.

PAYMENT

1. Terms Payment terms for this contract are net forty-five (45) days, except during incidents where payment terms are net seventy-five (75) days, as indicated in Attachment C – Statement of Work.

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.

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.

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”.

RECYCLED CONTENT

There is no recycled content with this contract.

SB/DVBE PARTICIPATION

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

2. 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:

· 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.*

ATTACHMENTS

Attachment A – Contract Pricing, Supplement 3 Attachment B – Specification 6850-5467 (3/12/2021) Attachment C – Scope of Work, Supplement 2 image1.jpeg