1-21-81-05A_UI_-_Supplement_6.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) 1-21-81-05A Contract User Instructions - *Supplement 6*

Page 12 *4/10/2025* 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 6* *(Incorporates Supplements 1 – 6)*

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:

D & J International, Inc.

2282 Davis Ct.

Hayward, CA 94545

Fax/Email:

Fax: (510) 786-3288 Email: secy@djius.com Contact Information:

D & J International, Inc.

General Manager: Secy Gu Phone: (510) 786-2888 Email: secy@djius.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

· Article 37: has been updated to a new title and language. * *4/10/2025*

· Contract expiration date has been extended from 12/19/2025 to 12/19/2026 1/15/2025

· Article 36: Bidder Declaration/Commercially Useful Function (CUF) has been updated to reflect a new section title and language.

· Article 37: Exemption to GenAI Procurement Procedures has been added.

7/24/2024

· Attachment 1, Contract Pricing has been updated to reflect the correct Manufacturer (OEM).

2/20/2024

· Contract expiration date has been extended 12/8/2023

· Front Page & Article 27: State Contract Administrator has been changed from Martin Reynaga to Rudolph Jimenez.

11/9/2022

12/20/2021

All other terms and conditions remain the same.

TABLE OF CONTENTS

SCOPE

The State’s contract with D & J International, Inc. (Contractor) provides Plastic Bags – Trash Can Liners for all departments Statewide and local governmental agencies in accordance with the requirements of Contract # 1-21-81-05A. 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 Plastic Bags – Trash Can Liners 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 on Plastic Bags – Trash Can Liners.

· 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

All available line items and associated pricing is listed on Attachment 1 - Contract Pricing.

SPECIFICATIONS

All products listed on Attachment 1 - Contract Pricing, must conform to Attachment 2 – Specification 8105-5584, dated 8/2/2021, and Attachment 2a – Specification Detail List.

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”.

PROMOTIONAL PRICING

During special pricing promotions, the Contractor shall offer the ordering agency the promotional pricing or the discount percentage off list, whichever is lower.

The Contractor shall notify the State Contract Administrator of all promotional pricing changes. Notification shall include at a minimum:

· Promotion start and end dates

· Models, products, and services included in the promotion

· Promotional pricing 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

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

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

Local Governmental Agencies 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 five (5) cases per line item for.

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

D & J International, Inc.

2282 Davis Ct.

Hayward, CA 94545 Facsimile

(510) 786-3288 Email:

secy@djius.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 two (2) business days 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

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 the 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 (per Article 10, Product Substitutions)

· 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.

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 two weeks 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.

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

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

PALLETS

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, in accordance with Attachment 5 - Wooden Pallet Specification 3990-01A-01, dated January 2001.

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

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

PACKING SLIP

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

INSPECTION AND ACCEPTANCE

In accordance with the General Provisions, unless otherwise noted in the ordering agency’s SOW, rejection of deliverables must be processed within thirty (30) days of delivery or it shall be deemed as accepted by the State.

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.

(Contractor)

Facsimile:

(510) 786-3288

Attn: Rudolph Jimenez 707 Third Street, 2nd Floor, MS 201 West Sacramento, CA 95605 D & J International, Inc.

Attn: Secy Gu 2282 Davis Court Hayward, CA 94545

RETURN POLICY

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.

CREDIT POLICY

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 or 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

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

· Items that are returned, but exchanged for other items within thirty (30) calendar days Re-stocking fees for all other reasons shall be ten percent (10%) of the value of the items to be re-stocked.

The packaging and documentation provisions in accordance with Article 26, 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 Unit 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 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: www.cdtfa.ca.gov. State departments must adhere to the file documentation identified in the State Contracting Manual Volume 2.

WARRANTY

Warranty requirements shall be in accordance the General Provisions, Article 19 entitled “Warranty”.

QUALITY ASSURANCE GUARANTEES

The Contractor shall represent and warrant that Plastic Bags – Trash Can Liners 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. The Contractor may use parts that are equal in performance to new parts for warranty replacement repair parts only as long as it does not violate the manufacturer’s warranty.

RECYCLED CONTENT

State departments are required to report purchases in many product categories using Attachment 4 - Postconsumer-Content Certification Form for the Contractor.

SB/DVBE PARTICIPATION

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

Percent (%)

DVBE

Percent (%)

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

SB Participation: The prime contractor (D & J International, Inc.) is a California certified small business (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.

*GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) PROCUREMENT PROCEDURES

Contractor does not intend to utilize GenAI as a deliverable. If GenAI is disclosed by the Contractor, state departments must follow the required GenAI purchase procedures outlined in SCM Vol.2, Chapter 23, Generative Artificial Intelligence. *

ATTACHMENTS

Attachment 1 - Contract Pricing, Supplement 3 Attachment 2 –Specification 8105-5584 Attachment 2A – Specification Detail List Attachment 3 – Wooden Pallet Specification 3990-01A-01 Attachment 4 – Postconsumer Recycled Content Workbook image1.jpeg