Contract_User_Instructions_Supplement_16.docx

STATE OF CALIFORNIA *Supplement 16*

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION

Contract (Mandatory) 1-16-58-25 Contract User Instructions

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

State of California

CONTRACT USER INSTRUCTIONS

****MANDATORY****

*Supplement 16* *(Incorporates Supplements 1 thru 16)*

CONTRACT NUMBER:

1-16-58-25

DESCRIPTION:

Self-Supporting Steel Communications Towers

CONTRACTOR(S):

Wireless Structures Consulting, Inc. DBA Western Utility Telecom, Inc.

CONTRACT TERM:

1/25/2016 through 1/24/2026

STATE CONTRACT

ADMINISTRATOR:

Willie Orphé III

(279) 946-8393 Willie.Orphe@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 (https://www.dgs.ca.gov/-/media/DD14F21678F64EBFADBC227F2C517C79.ashx)

Cal eProcure link: www.caleprocure.ca.gov

ORDER PLACEMENT INFORMATION

Wireless Structures Consulting, Inc. DBA Western Utility Telecom, Inc.

5032 Salem Dallas Hwy NW Salem, OR 97304

Fax: (503) 316-1864 Email:

kevinr@westernutilitytelecom.com Kevin Raddatz

Phone: (503) 587-0101 ext. 115 Email: kevinr@westernutilitytelecom.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 38: [Exemption to] Gen AI Procurement Procedures, updated language.* *4/16/2025*

· Article 7 – Contract Items language updated.

· Article 8 – Specifications language updated.

· Article 39 – Attachments language updated.

8/7/2024

· Article 37 – Vetted/Forms Certifications language added.

· Article 38 – Exemption to GEN-AI Procurement Procedures language added.

7/31/2024

· Front Page: Contract Term, contract extended two (2) additional years.

1/9/2024

· Front Page: Contract Term, contract extended one (1) additional year.

· Article 31: Contract Administration, fax number removed.

· Article 37: Attachment 1 – Contract Pricing, Supplement 10 has been removed and replaced by Attachment 1 – Contract Pricing, Supplement 12.

1/18/2023

· Front Page: Order Placement Information updated.

· Article 9, 19, and 31 updated language and Contractor’s contact information.

4/13/2022

· Front Page: General Provisions and Contact information updated.

· Article 7, 8, 9, 19, 31, and 37 updated language and Contractor’s Contract Administrator change.

· Attachment A – Contract Pricing, Supplement 8 has been removed and replaced with Attachment A – Contract Pricing, Supplement 10.

12/3/2021

· Front Page: Contract extended one (1) additional year to 1/24/2023.

4/20/2021

· Attachment 1 – Contract Pricing: Supplier’s contract discount added for non-core options.

1/28/2021

· Contract extended one (1) additional year to 1/24/2022.

· Attachment 1 – Contract Pricing: CLIN 130 & 131 added.

· Section 2.A: Contract Usage language updated.

· Section 3.A: DGS Administrative Fees language updated.

· Section 6: Problem Resolution/Supplier Performance language updated.

· Section 8: Specifications language updated.

· Section 17.A.1: Purchase Execution language updated.

· Section 34: California Seller’s Permit language updated.

9/16/2020

· Contract Administrator change from Joneé Oden to Willie Orphé III.

8/13/2019

· Attachment 1 – Contract Pricing: Price adjustments made.

· Cover page & Sections 2, 3, 6, 34: Website links have been updated.

3/21/2019

· Cover page: Contractor contact info added and Contract Administrator has been changed.

· Section 2. B: Billing code for local agencies language has been removed.

· Section 31: Contract Administrator information has been Changed.

· Section 34: California Department of Tax and Fee Administration verification link has been updated.

01/11/2019

· Article 2. Contract Usage/Rules – Billing code contact has change.

· Article 17. Purchase Execution – Language has been deleted and added.

· Article 31. Contract Administration – The DGS/PD Contract Administrator was changed.

· Article 33. Payment – Language has been added.

03/24/2017

· Article 9. Customer Service – Revise contact, phone, and email address.

· Article 19. Ordering Procedure – Revise U.S. mail address contact and email address.

· Article 31. Contract Administration – Revise Contractor Administrator Information.

05/20/2016

· Article 19. Ordering Procedure – Revise U.S. mail address and email address.

02/19/2016

All other terms and conditions remain the same

1. SCOPE

The State’s contract with Wireless Structures Consulting, Inc. DBA Western Utility Telecom, Inc. (contractor) provides Self-Supporting Steel Communications Towers at contracted pricing to the State of California and local governmental agencies in accordance with the requirements of Contract # 1-16-58-25. 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 Self-Supporting Steel Communications Towers to the State.

The contract term is for five (5) 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.

2. CONTRACT USAGE/RULES

A. State Departments

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

· Ordering 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 and Volume Fi$Cal, as applicable.

· Prior to placing orders against this contract, 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. 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.

· 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.

B. Local Governmental Agencies

· Local governmental agency use of this contract is optional.

· Local government agencies are defined as “any city, county, city and county, district or other governmental body or corporation, including 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, per Public Contract Code Chapter 2, Paragraph 10298 (a) (b). 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 the State under the terms of this contract. Any agencies desiring to participate shall be required to adhere to the same responsibilities as do State agencies and have no authority to amend, modify or change any condition of the contract.

· A DGS issued billing code is no longer required for local governmental agencies to place orders against this contract.

C. 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.

3. DGS ADMINISTRATIVE FEES

A. 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).

B. 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% percent of the total purchase order amount excluding taxes and freight. This Incentive Fee shall not be included in the agency’s purchase price, nor invoiced or charged to the purchasing entity. All prices quoted to local governmental agency customers shall reflect State contract pricing, including any and all applicable discounts, and shall include no other add-on fees.

4. SB/DVBE OFF-RAMP PROVISION

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

5. EXEMPT PURCHASES

There are no exempt purchases associated with this contract.

6. PROBLEM RESOLUTION/SUPPLIER PERFORMANCE

Ordering agencies and/or contractors 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 (i.e. Purchase documents).

7. CONTRACT ITEMS

A. Core Items The available line items and associated pricing is listed on Attachment 1 - Contract Pricing, Supplement 15 of this contract. Offers for core items at a lesser discount than specified in Attachment - 1 Contract Pricing, Supplement 15 will not be considered.

B. Non-Core Products

Non-Core items meeting or exceeding the product specifications as described in Article 8, Specifications, may be quoted by the Contractor and require approval by the DGS/PD State Contract Administrator. Non-Core Items must be offered at the discount specified in Attachment 1 - Contract Pricing, Supplement 15. Offers for non-core items may be offered at a greater discount than the contract discount. Offers for non-core items at a lesser discount will not be considered.

Note: Non-core items are not substitutes for core items. Non-core items are intended for unanticipated part items that are required but are not listed as core items in Attachment 1 - Contract Pricing, Supplement 15.

8. SPECIFICATIONS

All products listed on Attachment 1 - Contract Pricing, Supplement 15 must conform to the requirements listed in Attachment 6, Product Specifications – Self-Supporting Steel Communications Towers (Section 13 3400) of IFB DGS 1507-019 dated 09/29/2015. All products offered on CLIN# 130 and 131 must conform to the design criteria listed in Attachment 6A, Design Criteria.

9. 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.

10. ELECTRONIC CATALOG/CONTRACT WEBSITE CONTENTS

There is no electronic catalog or contract website associated with this contract.

11. PRE-ORDER CONFIGURATION CONSULTATION (OFFER GENERATION)

There is no pre-order configuration associated with this contract.

12. OFFER FORMAT

There is no specific offer format associated with this contract.

13. ELECTRONIC WASTE RECYCLING FEE

There is no electronic waste recycling fee associated with this contract.

14. PRODUCT SUBSTITUTIONS

There are no product substitutions associated with this contract.

15. PROMOTIONAL PRICING

Promotional pricing is subject to the terms of IFB section 24, Price Declines.

16. STATE AGENCY INFORMATION TECHNOLOGY CERTFICATION REQUIREMENT

There is no technology certification requirement associated with this contract.

17. PURCHASE EXECUTION

A. State Departments

1) 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 website (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

· Division of the State Architect (DSA) Approval

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

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

B. 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 is used by State departments only).

18. MINIMUM ORDER

There is no minimum order for this contract.

19. ORDERING PROCEDURE

A. Ordering Methods:

Ordering agencies are to submit appropriate purchase documents directly to the contractor(s) via one of the following ordering methods:

· U.S. Mail

· Facsimile

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

ORDER PLACEMENT INFORMATION

Wireless Structures Consulting, Inc. DBA Western Utility Telecom, Inc.

Attn: Kevin Raddatz 5032 Salem Dallas Hwy NW Salem, OR 97304

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

20. ORDER ACCEPTANCE

The Contractor shall accept orders from any State department or local governmental agency. The Contractor shall not accept purchase documents for this contract that:

· Are incomplete;

· Are submitted without the State Contract Administrator approval of non-core items

· Contain non-contract items; or

· Contain non-contract terms and conditions.

The Contractor must not refuse to accept orders from any State department or local governmental agency for any other reason without written authorization from the State Contract Administrator.

21. ORDER RECEIPT CONFIRMATION

The Contractor will provide ordering agencies with an order receipt confirmation, via e-mail or facsimile, within 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

22. OUT OF STOCK REMEDY

There is no out of stock remedy associated with this contract.

23. DISCONTINUED ITEM REMEDY

There is no discontinued item remedy associated with this contract.

24. 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 not limited to mountain tops and Caltrans District Offices. Deliveries shall be made to Caltrans District Offices and/or outside a 50-mile radius of a Caltrans District Office based on the specified district mileage rate listed on Attachment 1, Contract Pricing.

The district mileage rate consists of the following:

1) A lump sum flat rate for deliveries from the contractors’ dispatch location to a Caltrans District Office.

2) A flat rate per mile for deliveries outside a 50-mile radius from a Caltrans District Office to the project site. The project site is defined as the location where the tower will be erected.

Note: The contractor should consider the 50-mile radius outside a Caltrans District Office to be mountainous with winding roads.

There are twelve (12) Caltrans Districts representing the State delivery areas which are listed below and geographically represented in Attachment 12, Caltrans District Office.

District Locations by Counties

· District 1 – Del Norte, Humboldt, Lake, Mendocino

· District 2 – Lassen, Modoc, Plumas, Shasta, Siskiyou, Tehama, Trinity

· District 3 – Butte, Colusa, El Dorado, Glenn, Nevada, Placer, Sacramento, Sierra, Sutter, Yolo, Yuba

· District 4 – Alameda, Contra Costa, Marin, Napa, Santa Clara, San Mateo, San Francisco, Solano, Sonoma

· District 5 – Monterey, San Benito, San Luis Obispo, Santa Barbara, Santa Cruz

· District 6 – Kern, Kings, Fresno, Madera, Tulare

· District 7 – Los Angeles, Ventura

· District 8 – Riverside, San Bernardino

· District 9 – Inyo, Mono

· District 10 – Alpine, Amador, Calaveras, Mariposa, Merced, San Joaquin, Stanislaus, Tuolumne

· District 11 – Imperial, San Diego

· District 12 – Orange

District Offices Locations by Districts

· District 1 – Eureka

· District 2 – Redding

· District 3 – Marysville

· District 4 – Oakland

· District 5 – San Luis Obispo

· District 6 – Fresno

· District 7 – Los Angeles

· District 8 – San Bernardino

· District 9 – Bishop

· District 10 – Stockton

· District 11 – San Diego

· District 12 – Irvine

Note: Contractor is not responsible for offloading equipment in the designated delivery location.

B. Schedule

Delivery of ordered product shall be completed in full within 90 calendar 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 facility for their specific delivery hours before delivery occurs. The Contractor must notify the ordering agency within 12 hours of scheduled delivery time, if delivery cannot be made within the time frame specified on the Order Confirmation.

Contractor is required to make deliveries to all counties any time during the day and night. Contractor is required to provide 24-hour delivery services.

C. 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. Deliveries that are delayed due to drivers not being cleared to enter institutional grounds may cause your firm to be declared in default of contract requirements.

25. EMERGENCY/EXPEDITED ORDERS

Not Applicable.

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

All prices are F.O.B. destination; freight prepaid by the contractor, to the ordering organization'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 organization, except the responsibility for latent defects, fraud, and the warranty obligations.

27. PALLETS

All shipments must comply with the specifications in Attachment 7 - Tower Packing, Marking & Shipping (Section 13 36 00) of IFB DGS 1507-019 dated 09/29/2015.

28. SHIPPED ORDERS

All shipments must comply with the specifications in Attachment 7 - Tower Packing, Marking & Shipping (Section 13 36 00) of IFB DGS 1507-019 dated 09/29/2015.

29. INSTALLATION

All installation must comply with the specification in Attachment 6, Product Specifications – Self-Supporting Steel Communications Towers (Section 13 3400) of IFB DGS 1507-019 dated 09/29/2015.

30. INSPECTION AND ACCEPTANCE

In accordance with the specifications in Attachment 2 – Statement of Work of IFB DGS 1507-019 dated 09/29/2015, unless otherwise noted in the ordering agency’s SOW, rejection of deliverables must be processed within 60 days of delivery or it shall be deemed as accepted by the State.

31. 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.

(State Contract Administrator) Wireless Structures Consulting, Inc. DBA Western Utility Telecom, Inc. (Contractor)

Attn: Willie Orphé III 707 Third Street, 2nd Floor, MS 201 West Sacramento, CA 95605 Wireless Structures Consulting, Inc. DBA Western Utility Telecom, Inc.

Attn: Kevin Raddatz 5032 Salem Dallas Hwy NW Salem, OR 97304

32. INVOICING

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

· Contractor’s name, address and telephone number

· Leveraged Procurement 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

33. PAYMENT

A. 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.

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

C. State Financial Marketplace The State reserves 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 Supplier will invoice the State and the State will approve the invoice and the selected Lender/Lessor for all product listed on the State's procurement document will pay the supplier on behalf of the State.

D. Payee Data Record

Each State accounting office must have a copy of the Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting office(s). Without the Std. 204, payment may be unnecessarily delayed. State departments should contact the contractor for copies of the Payee Data Record.

34. CALIFORNIA SELLER’S PERMIT

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

35. RECYCLED CONTENT

State departments are required to report purchases in many product categories. The Postconsumer-Content Certification Form (CIWMB 74) for the contractor(s) is attached (Attachment 18).

36. SMALL BUSINESS/DISABLED VETERAN BUSINESS ENTERPRISE PARTICIPATION

There is no small business (SB) or disabled veteran business enterprise (DVBE) participation for this contract.

37. 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

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.

38. [EXEMPTION TO] GEN-AI 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.*

39. ATTACHMENTS

Attachment 1 – Contract Pricing, Supplement 15 Attachment 2 – Statement of Work Attachment 6 – Product Specifications – Self-Supporting Steel Communications Towers (Section 13 3400) Attachment 6A – Design Criteria, Added 9/16/2020 Attachment 7 – Tower Packing, Marking & Shipping (Section 13 36 00) Attachment 12 – Caltrans District Office Attachment 18 – Postconsumer-Content Certification

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