RFQ_10211248.pdf

Request for Quotation # 10211248 Datalogger Equipment

RFQ for IT Goods $10,000 to $100,000 Page 1 of 16

C A L I F O R N I A D E P A R T M E N T O F W A T E R R E S O U R C E S

Supplier Instructions: Please review this Request for Quotation (RFQ) and submit a quotation to the Department of Water Resources (DWR) Contact listed below. A scanned and emailed PDF of your submission is acceptable. Facsimile machine (fax) quotations will not be accepted. To be considered responsive, the quotation must be received by the RFQ Due Date, and vendor must comply with the Administrative Requirements included in this RFQ.

RFQ Key Action Dates Release Date of RFQ July 29, 2025

Submission of Questions August 6, 2025 by 2:00 p.m.

Answers Disseminated August 11, 2025

RFQ Due Date August 18, 2025 by 2:00 p.m.

DWR Contact Information DWR Contact Name Nicole Anderson DWR Contact Email Nicole.Anderson@water.ca.gov DWR Contact Phone (916) 902-7559

Items Requested for Quotation: Please provide a quotation on your company’s official business letterhead with all items on the quotation listed in the same order as below.

Item Quantity Part or Item Description

1. 14

Measurement and Control Datalogger

Reference Brand: Campbell Scientific, CR6 Quoted products must meet or exceed the specifications listed below:

a. All in one edge device and gateway with built-in connectivity

b. Integrated communication options, charge regulator, and expandable storage

c. Configurable universal measurement and control terminals to measure virtually any sensor or application

d. Native vibrating wire measurements using VSPECT

e. Designed for long term operation in extreme environments.

f. Operating Temperature Range: -55° to +85°C

2. 10

Desiccant Kit

Reference Brand: Campbell Scientific, 34962 Quoted products must meet or exceed the specifications listed below:

a. Mounting Bracket required to hold Desiccator

b. To include a backflow valve, brass filter, brass elbow, and silica mailto:Nicole.Anderson@water.ca.gov

RFQ for IT Goods $10,000 to $100,000 Page 2 of 16

C A L I F O R N I A D E P A R T M E N T O F W A T E R R E S O U R C E S gel desiccant

c. Desiccant line bar fittings, ¼ inch barb fitting compatible with the

¼ air intake tubing and 1/8-inch inner diameter that connects to air intake tubing.

d. Tubing ¼ inch diameter, 1.5 ft in length

3. 10

Terminal Bus Kit w/o mounting

Reference Brand: Campbell Scientific, 39642 Quoted products must meet or exceed the specifications listed below:

a. Serial Data interface-12 Deutsches Institute fur Normung (SDI- 12 DIN) rail

b. 6-wire terminal blocks

c. 6 DIN-rail mountable

4. 10

Water Level Continuous Flow Bubbler

Reference Brand: Campbell Scientific, 34813

a. Low Idle power state for extended battery life

b. High Pressure/high volume purge operation to prevent sediment buildup.

c. Built in keypad/display for full setup and maintenance operation

d. Simultaneous operation on the Serial Data Interface (SDI) and

Modbus interface

e. Air flow/bubble generation

f. Pressure Range: 0 to 30 psi

g. Operating Temperature Range: -40° to +60°C

5. 14

Multiband Omnidirectional Antenna

Reference Brand: Campbell Scientific, 32262

a. 4G/3G cellular, outdoor/indoor antenna

b. A mounting bracket for mounting the antenna to the surface water station

c. Frequency peak range

i. 398 to 960 MHz

ii. 1710 to 2700 MHz

d. 5/16-18 in x 2.215 in stainless steel U-bolt with brass nuts and stainless steel flat and lock washers.

e. Operating Temperature Range: -40° to +85°C

f. Maximum Input Power: 100 W

RFQ for IT Goods $10,000 to $100,000 Page 3 of 16

6. 14

Cellular Phone Antenna Cable

Reference Brand: Campbell Scientific, 21847

a. Coaxial able fitted with a Type N pin (male) on end and a SMA connector the other end

b. 12 ft in length

7. 14

Cellular Module

Reference Brand: Campbell Scientific, Cell210

a. Be compatible with the Verizon Code-Division Multiple Access (CDMA) network.

b. 4G LTE cellular device

c. Provide serial RS-232 and CS I/O ports for serial server, serial client, and PPP host services

d. two antenna connectors - primary and diversity

e. include a USB version 2.0 with micro-B connector

f. Operating Temperature Range: -40° to +80°C

g. Power Consumption must approximate:

i. Low Power Mode 300 µA

ii. Idle 14 mA

iii. Active 25 mA

h. No data plan. Do not provision.

8. 10

Power Communication Cable

Reference Brand: Campbell Scientific, LevelVueBCBL-L

a. Wire Gage: 18 AWG

b. 5 conductors (red, black, white, green, and blue)

c. Santoprene Cable jacket material

d. Operating Temperature Range: -55° to +125°C

e. Aluminum Mylar shielded material

f. Length: 5 ft

9. 1 SHIPPING (If Applicable)

☒ If checked, please see attached Scope of Work.

RFQ for IT Goods $10,000 to $100,000 Page 4 of 16

GENERAL INFORMATION

1. DWR reserves the right to determine the successful quotations(s) either on the basis of individual items or on the basis of all items included in its RFQ, unless otherwise expressly provided in DWR’s RFQ. Unless the Supplier specifies otherwise in its quotation, DWR may accept any item or groups of items of any quotation. DWR reserves the right to modify or cancel, in whole or in part, its RFQ at any time.

2. Award of the Purchase Order (PO) will be made to the Supplier that meets all of the Administrative Requirements stated below and provides the lowest net cost quotation after Small Business (SB) Preferences and/or DVBE incentives are applied.

3. If noted above in the RFQ Key Action Dates, Questions for this RFQ must be emailed to the DWR Contact shown above. No telephone responses are allowed. DWR may seek clarification for any question received.

4. Bidder Instructions (GSPD-451), revised and effective 11/09/11, will be incorporated in the PO by reference: https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/GSPD/Bidders-Instructions.ashx.

5. California Department of Technology, General Provisions - Telecommunications, Revised 6/6/2025, are provided in Exhibit B of this RFQ.

No other terms, conditions, policies, or general provisions from the Supplier are applicable or operative. A quotation that includes a Supplier’s policy, terms, and/or conditions may be rejected.

6. GENERATIVE ARTIFICIAL INTELLIGENCE (GEN AI) DISCLOSURE

The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI, while balancing the risks of these technologies.

Bidder/Offeror must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term "materially impacts" shall have the meaning set forth in State Administrative Manual (SAM) 4986.2.

Failure to report GenAI to the State may result in disqualification. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon notification by a Bidder/Offeror of GenAI as required, the state reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the state.

7. Government Code 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.”For all prime suppliers that are SB/Disabled Veteran Business Enterprise (DVBE) or are using subcontractors when responding to this RFQ, a Bidder Declaration (GSPD-05-105) must be completed and included with the RFQ response. Suppliers must identify all subcontractors proposed for participation in the contract. Suppliers awarded a PO as a result of a RFQ are contractually obligated to use the subcontractors for the corresponding work identified unless DWR agrees to a substitution https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/GSPD/Bidders-Instructions.ashx

RFQ for IT Goods $10,000 to $100,000 Page 5 of 16 and it is incorporated by amendment to the PO. The GSPD-05-105 form link is under Administrative Requirements.

8. California-certified small business suppliers will be given a five percent (5%) preference for bid evaluation purposes only. In addition, a five percent (5%) bid preference is available to a non-small business claiming 25 percent (25%) California-certified small business subcontractor participation.

Suppliers claiming this preference must be certified by California as a small business or must commit to subcontract at least 25 percent (25%) of the net bid price with one or more California-certified small businesses.

Small Business Nonprofit Veteran Services Agencies (SB/NVSA) prime Suppliers meeting requirements specified in the Military and Veterans Code § 999.50, et seq. and obtaining a California certification as a small business are eligible for the five percent (5%) small business preference.

California-certified small business suppliers will be given a five percent (5%) preference for bid

9. For the purposes of this solicitation, the DVBE Partification Requirement has been waived.

California-certified DVBE suppliers and/or suppliers who provide DVBE participation will be given an incentive, in accordance with Military and Veterans Code § 999.5(a). For evaluation purposes only, DWR shall apply an incentive to the quotations that propose California certified DVBE participation as identified on the GSPD-05-105 and confirmed by DWR. The incentive amount for the lowest net cost quotation will vary in conjunction with the percentage of DVBE participation. The following table identifies the percentages that will be used to adjust the net quotation price when calculating the DVBE Incentive:

Confirmed DVBE Participation: DVBE Incentive:

5 percent and Over 5 percent

4 percent – 4.99 percent inclusive 4 percent

3 percent – 3.99 percent inclusive 3 percent

Suppliers responding to this RFQ who have been certified by California as a Disabled Veteran Business Enterprise (DVBE) (or who are offering rental equipment and have obtained the participation of subcontractors certified by California as a DVBE) must also submit a completed form(s) Disabled Veteran Business Enterprise Declaration (STD. 843). The STD. 843 link is in Administrative Requirements section.

All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form(s).

The completed STD. 843 should be included with the response to a RFQ. At DWR’s option prior to award, contractors responding to a RFQ may be required to submit additional written clarifying information. Failure to submit the requested written information as specified may be grounds for quotation rejection.

10. In accordance with GC section 14837 and M&VC section 999, all SB and DVBE contractors, subcontractors and suppliers that bid on or participate in a State contract, must perform a Commercially Useful Function (CUF).

11. It is unlawful for any person engaged in business within California to sell or use any article or product as a “loss leader” as defined in section 17030 of the Business and Professions Code.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=MVC&division=4.&title=&part=&chapter=6.&article=7.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC&sectionNum=17030.

RFQ for IT Goods $10,000 to $100,000 Page 6 of 16

12. Software license and maintenance fees are considered subscriptions. Any PO awarded for software support and maintenance for 12 months or longer will be paid for the first year only and must be invoiced on an annual basis for the remaining subscription period.

13. Award of the PO, if made, will be in accordance with the RFQ information on award to a responsible Supplier whose bid complies with all the requirements of the RFQ documents and addenda thereto, except for such immaterial defects as may be waived by DWR. Award, if made, will be made within 45 days after the scheduled date for PO Award as specified in the RFQ; however, a Supplier may extend the offer beyond 45 days in the event of a delay of award. DWR reserves the right to determine the successful Supplier(s) quotation either on the basis of individual items or on the basis of all items included in its RFQ, unless otherwise expressly provided in the DWR’s RFQ. Unless the Supplier specifies otherwise in its quotation, DWR may accept any item or group of items of any bid. DWR reserves the right to modify or cancel in whole or in part it’s RFQ.

RFQ for IT Goods $10,000 to $100,000 Page 7 of 16

ADMINISTRATIVE REQUIREMENTS

This RFQ and Supplier’s response will be made a part of the DWR’s procurement file. Any changes to this RFQ, including the Statement of Work (if applicable), shall be cause for rejection. All administrative requirements are Pass/Fail.

Required Forms

1. Completed DWR RFQ Cover Sheet (Attachment 1)

2. Quotation submitted on supplier’s official business letterhead and contain the following:

• Reference to the RFQ Number

• Manufacture or Vendor Part Number

• Quantity

• Description

• Unit Price

• Extended Price

• Software License/Maintenance Term Dates, if applicable

• UNSPSC Number, if available

3. Copy of California Seller’s Permit (If purchasing tangible property)

4. Copy of Secretary of State Certification to do Business in the State of California (if applicable)

5. Bidder Declaration, GSPD-05-105 (Attachment 2) http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

6. Recycled Content Certification, CalRecycle form 74 (Attachment 3) https://www2.calrecycle.ca.gov/Docs/Web/111480

7. CUF Compliance Worksheet (Attachment 4)

If Applicable Forms

7. DVBE Declarations, DGS PD 843 (Required when claiming DVBE Incentive) http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

8. Payee Data Record, STD. 204 (Required if doing business with DWR the first time) http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

9. Drug Free Workplace Certification, STD. 021 (Required if doing business with DWR the first time) https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std021.pdf http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www2.calrecycle.ca.gov/Docs/Web/111480 http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std021.pdf

RFQ for IT Goods $10,000 to $100,000 Page 8 of 16

DWR RFQ Cover Sheet Attachment 1 The submission of this quotation does not obligate DWR to fund the proposed PO. If the quotation is approved for funding, a PO will be executed between DWR and the Supplier. When funding is authorized, the Supplier will be expected to adhere to the terms of the executed PO.

The undersigned Supplier hereby proposes to furnish all labor, materials, tools, and equipment to provide goods and services in accordance with the specifications and provisions received with the

RFQ.

1. Supplier’s Quote Submission Date:

2. Supplier’s Quote Reference Number:

3. Supplier’s Company Name:

4. Supplier’s Mailing Address:

Street City State Zip Code

5. Supplier’s Contact Person:

6. Telephone:

7. Email:

8. Federal Taxpayer Identification Number:

9. California Seller’s Permit Number:

10. Supplier’s SB/DVBE Certification Number, If applicable:

Check one or both boxes when applicable: ☐ Small Business ☐ DVBE

11. Check whether Generative AI is utilized in purchase: ☐ Yes ☐ No If yes, DWR will request additional documentation.

12. All documents have been provided per the Administrative Requirement page of this RFQ:

☐ Yes ☐ No

13. Principal who is authorized to bind the Supplier:

Typed Name Title

Original Signature Date

Request for Quotation # 1021248 Attachment 2

RFQ for IT Goods $10,000 to $100,000 Page 9 of 16

Request for Quotation # 1021248 Attachment 2

RFQ for IT Goods $10,000 to $100,000 Page 10 of 16

Request for Quotation # 1021248

Datalogger Equipment Attachment 3

RFQ for IT Goods $10,000 to $100,000 Page 11 of 16

Datalogger Equipment Attachment 3

RFQ for IT Goods $10,000 to $100,000 Page 12 of 16

Datalogger Equipment Attachment 4

RFQ for IT Goods $10,000 to $100,000 Page 13 of 16

Instructions: Bidder must complete one CUF Compliance Worksheet for each certified small business (SB) or disabled veteran business enterprise (DVBE) proposed as Prime Bidder or Subcontractor.

SOLICITATION NUMBER:

PRIME BIDDER NAME:

SUBCONTRACTOR NAME:

SB/DVBE CERT NUMBER:

SUPPLIER TYPE: Prime Bidder Subcontractor

CERTIFICATION TYPE: SB/MB DVBE

NARRATIVE QUESTIONS

1) How is the supplier (whether it is the prime or a subcontractor) responsible for the execution of a distinct element of the resulting State contract or order?

2) How will the supplier specifically perform, manage, or supervise an element of the resulting service contract?

3) To what extent will the supplier be performing work that is normal for its business, services, and functions?

4) Based on the percentage of goods or services that will be subcontracted as stated in the bidder’s response to this RFQ, is this level of subcontracting normal per industry practices?

Datalogger Equipment Exhibit A Statement of Work Page 1 of 3

RFQ for IT Goods $10,000 to $100,000 Page 14 of 16

A. Scope of Services The contractor will provide the California Department of Water Resources (State or DWR) a quote meeting the requested specifications for Dataloggers, described herein, and available to ship by the requested delivery date.

B. Contract Managers

DWR Contractor Name: TBD Name:

Phone: TBD Phone:

Email: TBD Email:

Contract Managers may be changed by written notice to the other party.

C. Delivery Address Contractor must be able to deliver quoted goods to Central Warehouse 1721 13th Street, Sacramento, California 95811. The warehouse is open Monday – Friday from 7:00 a.m. to 4:00 p.m., excluding State holidays.

D. Contractor’s Responsibilities Contractor will deliver Datalogger’s per the accepted quote meeting the requested specifications.

Contractor will also be responsible for technical support and warranty related issues with delivered units.

E. Contractor’s Deliverables Provide a quote for each of the following:

14 Measurement and Control Dataloggers, capable of

• All in one edge device and gateway with built-in connectivity

• Integrated communication options, charge regulator, and expandable storage

• Configurable universal measurement and control terminals to measure virtually any sensor or application

• Native vibrating wire measurements using VSPECT

• Designed for long term operation in extreme environments.

• Operating Temperature Range: -55° to +85°C

(equivalent - Campell Scientific, CR6)

10 Desiccant Kits, capable of

• Mounting Bracket required to hold Desiccator

• To include a backflow valve, brass filter, brass elbow, and silica gel desiccant

• Desiccant line bar fittings, ¼ inch barb fitting compatible with the ¼ air intake tubing and 1/8-inch inner diameter that connects to air intake tubing.

• Tubing ¼ inch diameter, 1.5 ft in length

(equivalent - Campell Scientific, 34962)

10 Terminal Bus Kits w/o mounting, capable of

• SDI-12 DIN rail

• 6-wire terminal blocks

• 6 DIN-rail mountable

(equivalent - Campell Scientific, 39642)

Statement of Work Page 2 of 3

RFQ for IT Goods $10,000 to $100,000 Page 15 of 16

10 Water Level Continuous Flow Bubblers, capable of

• Low Idle power state for extended battery life

• High Pressure/high volume purge operation to prevent sediment buildup.

• Built in keypad/display for full setup and maintenance operation

• Simultaneous operation on the SDI and Modbus interface

• Air flow/bubble generation

• Pressure Range: 0 to 30 psi

• Operating Temperature Range: -40° to +60°C

(equivalent - Campell Scientific, 34813)

14 Multiband Omnidirectional Antennas, capable of

• 4G/3G cellular, outdoor/indoor antenna

• A mounting bracket for mounting the antenna to the surface water station

• Frequency peak range

• 698 to 960 MHz

• 1710 to 2700 MHz

• 5/16-18 in x 2.215 in stainless steel U-bolt with brass nuts and stainless steel flat and lock washers.

• Operating Temperature Range: -40° to +85°C

• Maximum Input Power: 100 W

(equivalent - Campell Scientific, 32262)

14 Cellular Phone Antenna Cables, capable of

• Coaxial able fitted with a Type N pin (male) on end and a SMA connector the other end

• 12 ft in length

(equivalent - Campell Scientific, 21847)

14 Cellular Modules, capable of

• Be compatible with the Verizon CDMA network.

• 4G LTE cellular device

• Provide serial RS-232 and CS I/O ports for serial server, serial client, and PPP host services

• two antenna connectors - primary and diversity

• include a USB version 2.0 with micro-B connector

• Operating Temperature Range: -40° to +80°C

• Power Consumption must approximate:

o Low Power Mode 300 µA o Idle 14 mA o Active 25 mA

• No data plan. Do not provision.

(equivalent - Campell Scientific, Cell210)

10 Power Communication Cables, capable of

• Wire Gage: 18 AWG

• 5 conductors (red, black, white, green, and blue)

• Santoprene Cable jacket material

• Operating Temperature Range: -55° to +125°C

• Aluminum Mylar shielded material

• Length: 5 ft

(equivalent - Campell Scientific, LevelVueBCBL -L)

Statement of Work Page 3 of 3

RFQ for IT Goods $10,000 to $100,000 Page 16 of 16

F. Acceptance Criteria It shall be the DWR’s determination as to whether a deliverable has been successfully completed and acceptable to the Department.

1. DWR will review that the environment meets the business needs and requirements.

2. If an aspect of the environment is not accepted, DWR shall provide the reason in writing within 5 business days of receipt of the deliverable.

F. State Responsibilities

1. DWR shall provide information as required by the Contractor to provide the services under this SOW.

2. DWR shall provide staff to work with Contractor to ensure system is functionally operational.

G. Cancellation Provision

DWR may exercise its option to terminate the resulting Contract at any time with thirty (30) calendar days prior written notice.

H. Payment and Invoicing

1. Payment will be made upon receipt of a correct invoice, after delivery by the Contractor and acceptance by the State. Invoices shall include the Department of Water Resources Agreement Number, product name/description, part/item numbers (as applicable) and cost.

2. Submit invoices via mail to the California Department of Water Resources, P.O. Box 942836, Sacramento, California 94236-0001

3. Payment terms are Net 45 days in accordance with Government Code provision.

4. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Contract does not appropriate sufficient funds for the program, this Contract shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to the Contractor or to furnish any other considerations under this Contract and Contractor shall not be obligated to perform any provisions of this Contract.

5. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Contract with no liability occurring to the State or offer a contract amendment to the Contractor to reflect the reduced amount.

6. Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. Payment to small/micro businesses shall be made in accordance with and within the time specified in Chapter 4.5, Government Code 927 et seq.

GENERAL PROVISIONS – TELECOMMUNICATIONS

Revised 06/06/2025

Issued by:

STATE OF CALIFORNIA

California Department of Technology

Office of Statewide Technology Procurement

PO Box 1810

Rancho Cordova, CA 95741

RFQ 102112148

Exhibit B

TABLE OF CONTENTS

SECTION 1. DEFINITIONS

SECTION 2. CONTRACT FORMATION

2.1 CONTRACT FORMATION

2.1.1 SOLICITATION RESPONSE

2.1.2 OTHER OFFERS, QUOTES OR PROPOSALS

2.1.3 CONTRACT EFFECTIVE DATE

2.1.4 IRREVOCABLE OFFER

2.1.5 EVAQ INCORPORATION

2.1.6 BUDGET CONTINGENCY CLAUSE

2.2 CONTRACTOR’S POWER AND AUTHORITY

2.2.1 GRANT OF RIGHTS

2.2.2 RESELLER’S WARRANTY

2.3 COMPLIANCE WITH STATUTES AND REGULATIONS

2.3.1 COMPLIANCE WITH LAWS

2.3.2 COMPLIANCE WITH REGULATORY FILINGS REQUIREMENTS

SECTION 3. ORDER OF PRECEDENCE

SECTION 4. LICENSE GRANTS

4.1 SOFTWARE LICENSE

4.2 FUTURE RELEASES

4.3 ENCRYPTION & AUTHORIZATION KEYS

4.4 DOCUMENTATION FOR MAINTENANCE PURPOSES

4.4.1 DOCUMENTATION FOR DELIVERABLES

4.4.2 DOCUMENTATION FOR MAINTENANCE

SECTION 5. SERVICES

5.1 SERVICES

5.2 CUSTOMER IN-USE REQUIREMENTS

5.3 AVAILABILITY OF REFRESHED TECHNOLOGY AND ADDITIONAL SERVICE ITEMS

5.3.1 ENHANCEMENTS

5.3.2 ENHANCEMENTS APPROVAL

RFQ 102112148

5.4 MIGRATION (MIGRATION-IN)

5.5 DISENTANGLEMENT (MIGRATION-OUT)

5.6 NEED FOR CONTRACTOR SERVICES DUE TO EMERGENCY

5.7 PROVISIONING OF DELIVERABLES AND SERVICES

5.8 SERVICE TO PUBLIC ENTITIES AND LOCAL GOVERNMENT AGENCIES

5.9 CONTINUING STANDARD OF PERFORMANCE FOR CONTRACTOR SERVICES

5.9.1 CAUSES AND EFFECTS OF CONTRACTOR DELIVERABLE MALFUNCTIONS 33

5.9.2 REMEDIES FOR UNACCEPTABLE LEVELS OF PERFORMANCE

5.9.3 REPLACEMENT OR SUBSTITUTION OF DELIVERABLE BY CONTRACTOR

5.9.4 REVIEW OF PERFORMANCE

SECTION 6. INSPECTION, ACCEPTANCE AND REJECTION

6.1 ACCEPTANCE TESTING

6.1.1 NON-CUSTOMIZED DELIVERABLES

6.1.2 CUSTOMIZED DELIVERABLES

6.1.3 CONTRACTOR DUTIES

6.2 NOTICE OF REJECTION

6.3 ACCEPTANCE

6.4 EXISTING GOODS & TITLE TO GOODS

6.5 SAMPLES AND DEMONSTRATIONS

SECTION 7. SHIPPING AND DELIVERY; TRANSPORTATION COSTS

7.1 PACKING

7.2 SHIPMENT

7.3 TRANSPORTATION COSTS AND OTHER FEES AND EXPENSES

7.3.1 NO ADDITIONAL CHARGES

7.3.2 FREE ON BOARD (F.O.B)

7.3.3 F.O.B. SHIPPING POINT TRANSACTIONS

7.3.4 PREPAY AND ADD

7.4 DELIVERY

7.5 NEWLY MANUFACTURED GOODS

7.6 SUBSTITUTIONS

RFQ 102112148

SECTION 8. WARRANTIES AND REPRESENTATIONS

8.1 WARRANTIES’ DURATION AND ASSIGNMENT

8.1.1 COMMENCEMENT OF THE WARRANTIES

8.1.2 DURATION OF THE WARRANTIES

8.1.3 ASSIGNMENT OF THE WARRANTIES

8.2 WARRANTIES FOR DELIVERABLES

8.3 ADDITIONAL WARRANTY FOR SERVICES

8.4 ADDITIONAL WARRANTIES FOR SOFTWARE

8.4.1 ADDITIONAL WARRANTY

8.4.2 LIMITATIONS

8.5 ADDITIONAL WARRANTIES FOR CLOUD SERVICES

8.5.1 ADDITIONAL WARRANTY

8.5.2 LIMITATIONS

8.6 PASS-THROUGH WARRANTIES

8.6.1 GOODS

8.6.2 CLOUD SERVICES’ SOFTWARE

8.6.3 CONTRACTOR’S OBLIGATIONS

8.7 REMEDIES FOR BREACH OF WARRANTY

8.8 DISCLAIMER

SECTION 9. RIGHTS IN WORK PRODUCT AND GOVERNMENT PURPOSE

RIGHTS

9.1 OWNERSHIP AND RIGHTS IN WORK PRODUCT

9.1.1 WORK PRODUCT

9.1.2 PRE-EXISTING MATERIAL

9.1.3 JOINTLY DEVELOPED WORK PRODUCT

9.1.4 PROPRIETARY PRODUCTS

9.2 GOVERNMENT PURPOSE RIGHTS

9.3 FEDERALLY FUNDED PROJECTS

SECTION 10. CONFIDENTIALITY; DATA RIGHTS

10.1 CONFIDENTIALITY OBLIGATIONS

RFQ 102112148

10.1.1 CONFIDENTIALITY OBLIGATIONS

10.1.2 EXCEPTION TO CONFIDENTIALITY OBLIGATIONS

10.2 CONFIDENTIALITY OF STATE DATA

10.3 CONTRACTOR’S CONFIDENTIALITY OBLIGATIONS

10.4 RIGHTS TO STATE DATA

10.5 RESTRICTIONS ON USE OF STATE DATA

10.5.1 RESTRICTION ON USE

10.5.2 ADDITIONAL RESTRICTIONS ON SALE, COLLECTION AND CHANGES

10.6 PROTECTION OF CONTRACTOR’S PROPRIETARY SOFTWARE AND OTHER

PROPRIETARY DATA AND MATERIALS

10.7 LEGAL REQUESTS

10.8 RETURN OR DESTRUCTION CONFIDENTIAL INFORMATION

SECTION 11. INDEMNIFICATION

11.1 PATENT, COPYRIGHT AND TRADE SECRET INDEMNITY

11.1.1 CONTRACTOR’S IP INDEMNIFICATION OBLIGATIONS

11.1.2 PASS-THROUGH INDEMNITY FOR THIRD PARTY OBLIGATIONS

11.1.3 NOTICE OF AND REMEDY FOR IP INFRINGEMENT

11.1.4 INDEMNIFICATION FOR INJURY OR DAMAGE

11.2 INDEMNIFICATION PROCESS

11.2.1 NOTIFICATION AND COOPERATION REQUIREMENTS

11.2.2 SETTLEMENT APPROVAL

SECTION 12. LIMITATION OF LIABILITY

12.1 LIMITATION OF LIABILITY

12.1.1 DIRECT DAMAGES

12.1.2 NO CONSEQUENTIAL DAMAGES

12.1.3 SOVEREIGN IMMUNITY

12.2 EXCEPTIONS TO LIMITATION OF LIABILITY

SECTION 13. STATUTORY AND REGULATORY REQUIREMENTS;

CONTRACTOR CERTIFICATIONS

13.1 NONDISCRIMINATION CLAUSE

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13.2 ACCESSIBILITY

13.3 AMERICANS WITH DISABILITIES ACT

13.4 PRIORITY HIRING CONSIDERATIONS

13.5 FOLLOW-ON CONTRACTS

13.5.1 RESTRICTIONS

13.5.2 WAIVER OF THE FOLLOW-ON RESTRICTIONS

13.6 CHILD SUPPORT COMPLIANCE ACT

13.7 LOSS LEADER

13.8 GOVERNMENT PROCUREMENT AGREEMENT

13.9 ASSIGNMENT OF ANTITRUST ACTIONS

13.10 EXECUTIVE ORDER N-6-22-RUSSIA SANCTIONS

13.11 NATIONAL LABOR RELATIONS BOARD CERTIFICATION

13.12 DRUG-FREE WORKPLACE CERTIFICATION

13.13 SWEAT FREE CODE OF CONDUCT

13.14 DOMESTIC PARTNERS

13.15 RECYCLED CONTENT REQUIREMENTS

13.16 ELECTRONIC WASTE RECYCLING ACT OF 2003

13.17 FOUR-DIGIT DATE COMPLIANCE

13.18 COVENANT AGAINST GRATUITIES

13.19 EXPATRIATE CORPORATIONS

13.20 COMMUNICATIONS ACT OF 1934

SECTION 14. CONTRACTOR RESPONSIBILITIES

14.1 INSURANCE

14.2 ACCIDENT PREVENTION

14.3 CONTRACTOR’S LIABILITY FOR INJURY TO PERSONS OR DAMAGE TO

PROPERTY

14.4 CONTRACTOR PERSONNEL

14.4.1 PERFORMANCE OF DUTIES ON-PREMISES

14.4.2 CONTRACTOR PERSONNEL ASSIGNMENTS

14.4.3 NON-EXCLUSIVE RELATIONSHIP

14.5 CONTRACTOR COMMITMENTS AND REPRESENTATIONS

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14.6 UNANTICIPATED TASKS

14.6.1 UNLISTED, INHERENT TASKS

14.6.2 UNANTICIPATED TASKS

14.7 REPORTS, DATA AND INVENTORY

14.8 SUBCONTRACTORS

14.8.1 AUTHORIZED SUBCONTRACTORS

14.8.2 PERFORMANCE OF SERVICES BY SUBCONTRACTORS

14.8.3 SUPERVISION AND JOINTLY AND SEVERALLY LIABLE

14.9 CONTRACTOR COMMUNICATIONS

14.9.1 MEETINGS

14.10 UNITED STATES (U.S.) BASED SERVICES

14.10.1 SERVICES LOCATION

14.10.2 PERSONNEL LOCATION

SECTION 15. INVOICES, PAYMENT AND TAXES; AUDIT

15.1 INVOICES

15.1.1 INVOICE REQUIREMENTS

15.1.2 ACCEPTANCE

15.2 REQUIRED PAYMENT DATE

15.3 TAXES

15.3.1 SERVICE TAXES, FEES, SURCHARGES AND SURCREDITS

15.3.2 USE TAX COLLECTION

15.4 EXAMINATION AND AUDIT

15.4.1 EXAMINATION AND AUDIT OF RECORDS

15.5 SOFTWARE LICENSE AUDIT

15.5.1 AUDIT REQUIREMENTS

15.5.2 REVIEW OF AUDIT FINDINGS

15.6 CLOUD SERVICE OVERAGE CHARGES

15.6.1. NOTIFICATION REQUIREMENT

15.6.2 REVIEW AND ADJUSTMENT

15.6.3 CAP ON CLOUD SERVICES OVERAGE CHARGES

15.6.4 CLOUD SERVICES STOP WORK

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15.7 PRICE GUARANTEE PERIOD

15.8 SET-OFF RIGHTS

15.9 CHARGES

15.9.1 MINIMUM CHARGES

15.9.2 INVOICING AND CHARGES OF UNRELATED SERVICES

15.9.3 COMPLIANCE WITH MOST FAVORED NATIONS CLAUSE

15.10 ADMINISTRATIVE FEE

15.10.1 ADMINISTRATIVE FEE DETERMINATION, PAYMENT AND USE

15.10.2 INVOICING, COLLECTION AND REMITTANCE

15.11 PRICING AND SERVICE REVIEW

15.12 GOODS AND SERVICES COSTS

15.13 INDIVIDUAL PRICE REDUCTIONS

15.14 “MOST FAVORED NATION” STATUS OF STATE

15.15 FEDERAL UNIVERSAL SERVICE FUND

15.16 STATE COST RECOVERY

SECTION 16. TERMINATION

16.1 TERMINATION FOR NON-APPROPRIATION OF FUNDS

16.1.1 NON-APPROPRIATION OF FUNDS

16.1.2 RETURN OF UNPAID COMMERCIAL HARDWARE AND SOFTWARE

16.2 TERMINATION FOR CONVENIENCE

16.2.1 TERMINATION FOR CONVENIENCE NOTICE

16.2.2 EFFECT OF TERMINATION FOR CONVENIENCE

16.2.3 TERMINATION PROPOSAL

16.2.4 PAYMENTS IN EVENT OF TERMINATION

16.3 TERMINATION FOR DEFAULT

16.3.1 NOTICE FOR DEFAULT REQUIREMENTS

16.3.2 EFFECT OF TERMINATION FOR DEFAULT

16.3.3 PAYMENT IN THE EVENT OF DEFAULT

16.3.4 RIGHTS AND REMEDIES OF STATE FOR DEFAULT

SECTION 17. DISPUTES

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17.1 NOTICE OF POTENTIAL DISPUTES

17.2 DISPUTE RESOLUTION

17.2.1 INFORMAL DISPUTE RESOLUTION

17.2.2 FORMAL DISPUTE RESOLUTION

SECTION 18. STOP WORK

18.1 STOP WORK

18.2 CANCELLATION OR EXPIRATION OF STOP WORK ORDER

18.2.1 ADJUSTMENTS FOR CANCELED OR EXPIRED STOP WORK ORDER

18.2.2 PAYMENT RELATED TO A RETAINED STOP WORK ORDER

18.2.3 NO LIABILITY FOR LOSS OF PROFIT

SECTION 19. SMALL BUSINESS PARTICIPATION AND DISABLED VETERAN

BUSINESS ENTERPRISE PARTICIPATION REPORTING REQUIREMENTS

19.1 SMALL BUSINESS PARTICIPATION

19.2 DVBE PARTICIPATION

19.2.1 DVBE CRITERIA

19.2.2 DVBE PROOF OF PAYMENT

19.2.3 WITHHOLDING FROM FINAL PAYMENT

19.2.4 COMPLIANCE WITH DVBE PROGRAM

SECTION 20. GENERAL TERMS

20.1 INDEPENDENT CONTRACTOR

20.2 NO PUBLICITY

20.3 FORCE MAJEURE

20.4 NOTICE OF INSOLVENCY

20.5 COMPLETE INTEGRATION

20.6 ASSIGNMENT

20.7 NO WAIVER; REMEDIES CUMULATIVE

20.8 LIQUIDATED DAMAGES

20.8.1 LIQUIDATED DAMAGES CRITERIA

20.8.2 PAYMENT OF LIQUIDATED DAMAGES

20.9 AMENDMENTS

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20.10 SEVERABILITY

20.11 APPLICABLE LAW; JURISDICTION AND VENUE

20.11.1 APPLICABLE LAW, JURISDICTION AND VENUE FOR ANY ACTION

20.11.2 CPUC JURISDICTION

20.11.3 APPLICABILITY OF UNITED NATIONS CONVENTION ON CONTRACTS .. 94

20.12 SURVIVAL

20.13 NON-EXCLUSIVE AGREEMENT

SECTION 21. DATA PROTECTION PROVISIONS

21.1 ACCESS TO STATE SYSTEMS

21.2 COMPLIANCE WITH DATA PROTECTION LAWS, POLICIES AND REGULATIONS

21.2.1 DATA PROTECTION LAWS, POLICIES AND REGULATION

21.2.2 COMPLIANCE OBLIGATION

21.3 DATA CLASSIFICATION STANDARDS

21.3.1 NIST SP 800-53

21.3.2 CLASSIFICATION

21.3.3 ISO 27001 CERTIFICATION

21.3.4 NIST 800-171

21.4 DATA SAFEGUARDS

21.5 ENCRYPTION

21.6 FEDERAL TAX INFORMATION

21.6.1 NO ACCESS TO FTI

21.6.2 INCIDENTAL ACCESS TO FTI

21.7 CLOUD SERVICES AVAILABILITY

21.8 DATA AVAILABILITY

21.9 DATA LOCATION AND ACCESS

21.9.1 DATA CENTER LOCATION IN US

21.9.2 DATA ACCESS

21.10 SECURITY INCIDENT

21.11 DATA BREACH

21.11.1 NOTIFICATION OF THE DATA BREACH

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21.11.2 NOTIFICATION CRITERIA

21.11.3 UPDATES TO STATE REGARDING THE DATA BREACH

21.11.4 MITIGATION

21.11.5 NOTIFICATION TO INDIVIDUALS OF DATA BREACH

21.11.6 INVESTIGATION OF DATA BREACH

21.11.7 DATA INQUIRIES

21.12 SECURITY AND POLICIES

21.12.1 CUSTOMER SECURITY POLICIES COMPLIANCE

21.13 TRANSITION PERIOD

21.13.1 TRANSITION PERIOD

21.13.2 ACCESS TO STATE’S SYSTEM, SERVICES AND STATE DATA

21.13.3 DESTRUCTION OF STATE DATA

21.13.4 COMPENSATION FOR DAMAGES AND LOSSES

21.14 DISASTER RECOVERY AND BUSINESS CONTINUITY

21.14.1 DISASTER RECOVERY PLAN

21.14.2 DATA BACKUP PLAN

21.14.3 NOTIFICATION AND RECOVERY

21.14.4 REPAIR AND RESTORE

21.15 INSPECTION AND AUDIT OF CONTRACTOR’S SYSTEMS

21.15.1 INSPECTION AND AUDIT

21.15.2 REMEDIATION

21.15.3 POST-BREACH OR DISASTER AUDIT

21.16 DATA CENTER AUDIT

21.17 ACCESS TO SECURITY LOGS AND REPORTS

21.17.1 FOR IAAS ONLY

21.17.2 FOR PAAS ONLY

21.17.3 SOFTWARE BILL OF MATERIALS

21.17.4 ATTESTATION

21.18 BACKGROUND CHECKS

21.19 SYSTEM SECURITY CONTROLS

21.19.1 PATCH MANAGEMENT

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21.19.2 ENDPOINT PROTECTION STANDARD

SECTION 22. GENERATIVE ARTIFICIAL INTELLIGENCE

22.1 DISCLOSURE OBLIGATIONS

22.2 FAILURE TO DISCLOSE OR DISCONTINUE GENAI USE

22.3 CONTRACTOR’S OBLIGATIONS FOR RESPONSIBLE USE

22.4 GENAI TRAINING DATA OWNERSHIP

22.5 RIGHTS TO STATE GENERATED DATA

22.6 CONTRACTOR’S USE OF STATE DATA

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SECTION 1. DEFINITIONS

Unless otherwise specified in the Statement of Work or defined in the text of this Contract, capitalized terms used herein shall be given the meaning shown below. The word “include” or “including” shall be deemed to mean “include, without limitation” or “including, without limitation,” as case may be, and the language following “include” or “including” shall not be deemed to set forth an exhaustive list.

Acceptance: as defined in Section 15.1.2 Acceptance.

Acceptance Test: means the tests performed after Installation Date which are intended to determine compliance, performance, and reliability of Deliverables with the specifications and all other attachments incorporated herein by reference and to determine the specifications set forth in the Contract.

Artificial Intelligence (AI): means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments (Gov Code §§ 11549.64 & 11546.45.5).

Attachment: means a mechanical, electrical, or electronic interconnection to Contractor-supplied Goods that is not connected or provided by Contractor.

Business Entity or Firm: means any individual, business, partnership, joint venture, corporation, S-corporation, limited liability company, sole proprietorship, joint stock company, consortium or other private legal entity recognized by statute.

Buyer or Customer: means (i) State entities, (ii) local government entities that are defined as “any city, county, city and county, district, or other local governmental body or corporation empowered to expend public funds for the acquisition of goods, information technology, or services” per Public Contract Code Chapter 2, Paragraph 10298 (a) (b), (iii) 100% tax supported governmental entity, (iv) a governmental entity with a Joint Powers Agreement, or (v) federally recognized Indian Tribes.

CALNET: means California Network and Telecommunications program, a division of the Office of Technology Services within CDT.

CDT: means California Department of Technology.

CMO: means CALNET Management and Oversight.

Cloud Services or Cloud Computing Services: means the cloud services, including Software as a Service (“SaaS”), Infrastructure as a Service (“IaaS”), RFQ 102112148

Platform as a Service (“PaaS”), and any other vendor-managed or hosted services, and any related services, provided to the State pursuant to the Contract.

Cloud Services Availability: as defined in Section 21.7 Cloud Services Availability.

Cloud Services Overage Charges: any additional fees incurred for usage of Cloud Services that exceeds the allocated usage limits specified in the Contract.

Commercial Software: means Software developed or regularly used that: (i) has been sold, leased or licensed to the general public; (ii) has been offered for sale, lease or license to the general public; (iii) has not been offered, sold, leased or licensed to the public but will be available for commercial sale, lease or license in time to satisfy the delivery requirements of this Contract; or (iv) satisfies a criterion expressed in (i), (ii) or (iii) above and would require only minor modifications to meet the requirements of this Contract.

Conflict Laws: as defined in Section 13.5.2 Waiver of the Follow-On Restrictions.

Contract: means, collectively, the purchase order (by whatever name known or in whatever format used), these General Provisions – Telecommunications, and the other documents set forth in Section 3 Order of Precedence.

Contract Manager: means Contract Representative, Contract Contact, Contract Program Manager, or as specified in the Contract.

Contractor: means individual(s) or the business entity with whom the State enters into this Contract. Contractor shall be synonymous with “Reseller,” “supplier,” “vendor,” “Service Provider,” or other similar term.

Contractor’s Published Pricing: as defined in Section 2.3.2 Compliance With Regulatory Filings Requirements.

Cost to Cover: means as defined in Section 8.7 Remedies for Breach of Warranty.

CPU: means as defined in Section 4.1 Software License.

Data Breach: means any access, destruction, loss, theft, use, modification, or disclosure of State Data by an unauthorized party or that is in violation of Contract terms, or applicable state or federal law.

Days: means calendar day(s).

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Deliverables: means Goods, Services, Documentation, works of authorship, and any items to be delivered pursuant to this Contract, including any such items supplied that are incidental to the provision of Services.

Derivative Works: as defined in Section 9.1.2 Pre-Existing Material.

Disentanglement: means as defined in Section 5.5 Disentanglement (Migration- Out).

Documentation: means instructions, specifications, training materials, reports, manuals, or other documents provided in hard copy or electronic form with the Goods, Services or otherwise, in accordance with the Contract. Documentation customized for the State hereunder constitutes Work Product if such materials are required by the Statement of Work.

DVBE: as defined in Section 19.2.1 DVBE Criteria.

Economic Sanctions: as defined in Section 13.10 Executive Order N-6-22 Russia Sanctions.

eVAQ: means Electronic Vendor Application of Qualifications. The eVAQ is an external pre-qualification process to the solicitation and it is designed to process as much of the administrative requirements required to do business in the State of California in advance to streamline the solicitation process.

Effective Date: shall mean the date set forth in Section 2.1.3.a Contract Effective Date.

E-rate: as defined in Section 15.4.1 Examination and Audit of Records.

Enhancements: means as defined in Section 5.3 Availability of Refreshed Technology and Additional Service Items.

Four-Digit Date Compliance: as defined in Section 13.17 Four-Digit Date Compliance.

FTI: as defined in Section 21.6.1 No Access to FTI.

GenAI Training Data: any content, information, or data that is used to train, tune, test, or validate a GenAI, including text, images, video, audio, code, or similar types of input.

Generated Data: any output, results, content, or other data that is produced by GenAI, including but not limited to text, images, video, audio, code, or similar types of output.

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Generative AI (GenAI): means an AI system that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the system’s GenAI Training Data (Gov Code §11549.64).

Goods: means all types of tangible personal property, including but not limited to, materials, supplies, technology, hardware, Software, and equipment (including telecommunications and broadband hardware) to be delivered pursuant to this Contract, including any such items furnished incidental to the provision of Services.

Government Purpose Rights: as defined in Section 9.2 Government Purpose Rights.

Hallucination: means Generated Data that is nonsensical, false, or misleading, and is not based on real or existing data, but is instead produced by bias or the GenAI’s extrapolation or creative interpretation of its Gen AI Training Data.

IFB: means Invitation for Bid.

Infrastructure-as-a-Service (IaaS): means the capability to provide processing, storage, networks and other fundamental computing resources where the User is able to deploy and run arbitrary software, which can include operating systems and applications. The User does not manage or control the underlying Cloud Services infrastructure but has control over operating systems, storage, and deployed applications; and possibly limited control of select networking components (e.g., host firewalls).

Installation Date: means the date by which the Contractor must have commenced the Services, or installed Software, or Goods, ready (certified) for use by the State or Customer.

IPR: as defined in Section 15.7 Price Guarantee Period.

Limitation of Liability: as defined in Section 16.3.4 Rights and Remedies of State for Default.

Maintenance: means (i) remedial maintenance performed as a result of Goods, Software or Services failure, and which is performed as required, i.e. on an unscheduled basis; or (ii) maintenance performed on a scheduled basis and is designed to keep the Goods, Software or Services in proper operating condition, in accordance with the requirements of the Contract.

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Most Favored Nation: as defined in Section 15.14 “Most Favored Nation” Status of State.

Ordering Document or Service Request: means the document used to, without limitation, order, purchase, move, add, change, disconnect, transfer, cancel or delete Goods, Software or Services such as a Telecommunications Service Request (Form 20), STD. 65, Request for Offer (RFO) or other Customer authorized procurement document.

OSTP: means Office of Statewide Technology Procurement.

Party or Parties: means as defined in Section 2.1 Contract Formation.

Platform-as-a-Service (PaaS): means the capability to deploy onto Cloud Services infrastructure Customer- created or -acquired applications created using programming languages and tools supported by the Service Provider. This capability does not necessarily preclude the use of compatible programming languages, libraries, services and tools from other sources. The User does not manage or control the underlying cloud infrastructure, including network, servers, operating systems or storage, but has control over the deployed applications and possibly application hosting environment configurations.

Pre-Existing Materials: as defined in Section 9.1.2 Pre-Existing Material.

Prompt: means any written, spoken, or rendered information provided as a query, command, or other form of input, to any GenAI in connection with this Contract. For avoidance of doubt, Prompt includes any input automatically detected or created by the GenAI, as well as any derivate works of a Prompt or collection of Prompts.

Purchase Price: as defined in Section 12.1.1 Direct Damages.

Rejection Notice: means as defined in Section 6.2 Notice of Rejection.

Requests: as defined in Section 10.7 Legal Requests.

Reseller (see also Contractor): means the business entity authorized by the Service Provider or software publisher to resell the Deliverables to the State.

RFP: means Request for Proposal.

RPO: as defined in Section 21.14.4 Repair and Restore.

RTO: as defined in Section 21.14.4 Repair and Restore.

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Scope of Work: means description of work as mutually agreed upon by Contractor and the Customer (or CMO) that is accompanied with an Ordering Document. The Scope of Work does not supersede the Statement of Work.

Security Incident: means an occurrence that actually or potentially jeopardizes the confidentiality, integrity, or availability of an information system or the information the system processes, stores, or transmits or that constitutes a violation or imminent threat of violation of security policies, security procedures, or acceptable use policies, including but not limited to a Data Breach.

Security Policies: as defined in Section 21.12.1 Customer Security Policies Compliance.

Service Provider: means a provider of the Services under the Contract, as set forth in the Statement of Work, if applicable.

Services or Telecommunications Services: means an all-inclusive term, which includes, support services (such as Maintenance, operation), other personal services (such as technical or professional services, e.g., consulting and direction, project management, implementation, training, customization), telecommunications technologies or services (such as Voice over Internet Protocol, Ethernet, Cellular, Internet, Satellite), Cloud Services (such as SaaS, PaaS, IaaS) provided by the Contractor in accordance with this Contract or telecommunication security services (such as network, infrastructure or device security).

Signing Date: as defined in Section 2.1.3 Contract Effective Date.

Software: means an all-inclusive term that refers to any computer programs, routines, or subroutines supplied by Contractor, including Commercial Software or operating Software, application programs or programming aids to facilitate the use of Goods or Services.

Software as a Service (SaaS): means the capability provided to the User to use the Service Provider’s applications running on a cloud infrastructure;

applications are accessible from various client devices through either a thin client interface, such as a web browser (e.g., web-based email), or a program interface; User does not manage or control the underlying cloud infrastructure including network, servers, operating systems, storage, or even individual application capabilities, with the possible exception of limited User-specific application configuration settings.

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State: means the government of the State of California, its employees and authorized representatives, including without limitation any department, agency or other unit of the government of the State of California as identified in the Contract.

State Data: means all data owned by the State, and submitted to, processed by, or stored by Contractor or Service Provider under this Contract and includes all data that originated with the State or Users, all data provided by the State or Users, and all data generated, manipulated, produced, reported by or otherwise emanating from or by applications run by the State or Users on the System or Services. For clarity and without narrowing the scope of this definition, State Data is synonymous with “customer data”, “customer content”, or similar terms, as may be used in Contractor’s or Service Provider’s service agreements that may be incorporated into the Contract as an attachment or by reference, and includes the following:

a) Non-Public Data: means data, including Personal Information, that is not subject to distribution to the public as Public Information. Non-Public Data includes Customer Proprietary Network Information (CPNI). It is deemed to be sensitive or confidential by the State because it contains information that may be exempt by statute, regulation, or policy from access by the general public as Public Information.

b) Personal Information: as defined by the California Information Practices Act (Civ. Code, § 1798 et seq.).

c) Public Information: means any information prepared, owned, used, or retained by the State and not specifically exempt from the disclosure requirements of the California Public Records Act (Gov. Code, § 7920 et seq.) or other applicable state or federal laws. For clarity, "Public Information” is also interchangeable with “Public Data”.

State Data Availability: as defined in Section 21.8 State Data Availability.

Statement of Work (SOW): means a document provided by the State which defines the timeline, and specifies the objectives, Deliverables and tasks that Contractor is expected to provide or perform, the responsibilities and expectations, indicating the type, level and quality that is expected, all of which form a contractual obligation upon Contractor. For purposes of the CALNET program, the SOW shall mean the requirements contained in the CALNET

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solicitation documentation and Contractor’s response to meet the program requirements in the solicitation as stated in Contractor’s proposal.

System: means the hardware, Software or Services as described in this Contract that are integrated, functioning together, and performing in accordance with this Contract.

Telecommunications: means but is not limited to, wireless or wired systems for transport of voice, video, and data communications, network systems, requisite facilities, equipment, system controls, simulation, electronic commerce and all related interactions between people and machines as defined in Government Code 11532.

Termination Date: as defined in Section 16.2.1 Termination for Convenience Notice.

Termination Notice: as defined in Section 16.2.1 Termination for Convenience Notice.

Third Party Obligation: as defined in Section 11.1.2 Pass-Through Indemnity for…