STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES – PROCUREMENT DIVISION

25-YEAR STATE SERVICE AND RETIREMENT AWARDS STATE PRICE SCHEDULE (SPS) SUPPLIER APPLICATION INSTRUCTIONS **THESE INSTRUCTIONS ARE NOT REQUIRED TO BE RETURNED WITH THE SPS SUPPLIER APPLICATION (CMU 09-03)**

SUPPLIER APPLICATION AND CONTRACT PROVISIONS

Suppliers must complete and submit the SPS Supplier Application (CMU 09-03) to the California Department of Human Resources (CalHR) Merit Award Program (MAP) Manager and the Department of General Services, Procurement Division (DGS-PD) State Contract Administrator. The application shall be signed by an individual who is authorized to bind the firm contractually.

By signing and submitting an application, Supplier is agreeing to accept all the terms and conditions of all of the following without addition or modification.

· SPS Supplier Application Terms and Conditions

· Non-IT General Provisions (rev 02/20/2025)

· IT General Provisions, Non-Cloud (rev 02/20/2025)

Supplier also agrees to comply with all applicable statutes, rules, regulations, and orders of the United States and the State of California.

PRODUCT CATALOG AND PRICE LIST

Suppliers are required to submit a copy of their catalog which should be annotated to specify the applicable Core and Non-Core content and pricing. The catalog is required at the time of Supplier application submission. Failure to submit the catalog and price list may result in denial of the application.

The catalog must contain the following proposed product information for each line item on the price list:

· Picture of Item

· Supplier’s Item Code

· Item Description

· List Price/MSRP

· Contract Discount (if applicable)

· Contract Unit Price Prices shall be all inclusive. Only the prices submitted on the price list shall be included in the contract. No other fees can be charged to the ordering department. Sales tax is not to be included in the price on the price list. Suppliers approved to be on the SPS should add sales tax for orders at time of invoicing. The sales tax rate applied should be based on the rate of the area where the product is to be delivered.

SAMPLES

Prior to application approval, the CalHR MAP Manager may request a sample of each core line item to be delivered, at no cost to the state, within seven (7) working days of the request. Failure to submit requested samples may result in denial of the application.

A. Samples shall be identical in all respects to the product specified for delivery.

B. Product specifications shall be submitted for each product.

C. Shipping cartons shall be labeled with the name and address of the Supplier marked on the exterior.

D. Samples of items if not destroyed by tests, upon request, may be returned at the Supplier’s expense.

E. Samples shall be sent to the CalHR MAP Manager listed in the SPS Supplier Application Terms and Conditions (CMU 09-03a).

SELLER PERMIT AND SECRETARY OF STATE

Suppliers are required to provide their Seller’s Permit number and, if a corporation or limited liability company, their Secretary of State (SOS) certification number on the SPS Supplier Application (CMU 09-03).

A copy of the Seller’s Permit or certification of registration, and, if applicable, the permit or certification of all participating affiliates issued by the California Department of Tax and Fee Administration (CDTFA) must be provided.

SOS certification must be approved and in “Active” status prior to application approval.

FACTORY AUTHORIZED DISTRIBUTOR

If the Supplier is not the factory authorized distributor of the product being proposed, the Supplier must provide, on the factory authorized distributor company letterhead and signed by an authorized factory authorized distributor representative, documentation identifying the Supplier as a factory authorized distributor.

SMALL BUSINESS/DISABLED VETERAN BUSINESS ENTERPRISE CERTIFICATIONS

This SPS does not require a minimum Small Business (SB) or Disabled Veteran Business Enterprise (DVBE) participation percentage. If claiming SB and/or DVBE participation, the Supplier must be certified by California as an SB and/or DVBE. Suppliers who are certified as an SB and/or DVBE must provide notification of their certification status.

The Office of Small Business and Disabled Veteran Business Enterprise Certification provide SB/DVBE certification information and may be reached at:

Office of Small Business and DVBE Certification 707 Third Street, 1st Floor, Room 400 West Sacramento, CA 95605 Phone: (916) 375-4940 Email: Certification@dgs.ca.gov The Supplier must notify the State Contract Administrator by written notification of any changes in the SB and/or DVBE certification status.

DISTRIBUTION PLAN

Supplier shall describe in detail their Distribution Plan on the SPS Supplier Application (CMU 09-03). The Distribution Plan should be the Supplier’s written plan for distribution of the products. The plan must clearly show distribution from the manufacturer to the end user, including all points in between specific to the resulting contract only, and the role that the Supplier, as the Contractor of record, will play in the distribution.

This plan should clearly identify all parties involved in the execution of this contract and their responsibilities.

DARFUR CONTRACTING ACT

Public Contract Code Sections 10475 -10481 applies to any company that currently or within the previous three (3) years has had business activities or other operations outside of the United States. For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; or b) a scrutinized company that has been granted permission by the DGS to submit a proposal.

A scrutinized company is a company doing business in Sudan as defined in Public Contract Code Section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for goods or services (Public Contract Code Section 10477(a)), unless written permission from the Director of DGS to bid on this procurement has been granted (Public Contract Code Section 10477(b)).

A Supplier is required to submit a completed Darfur Contracting Act form if their company currently or within the previous three (3) years has had business activities or other operations outside of the United States. The Darfur Contracting Act form should be submitted with the application. Failure to submit required information will result in denial of the application.

If a Supplier has not conducted business outside of the United States in the last three (3) years, this section does not apply. Suppliers shall submit their response on the SPS Supplier Application (CMU 09-03).

CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

Pursuant to PCC Section 2010, any Bidder entering into or renewing a contract over $100,000 on or after January 1, 2017, shall certify all of the following:

A. That they are in compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code).

B. That they are in compliance with the California Fair Employment and Housing Act (FEHA) (Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code).

C. (1) That any policy that they have against any sovereign nation or peoples recognized by the government of the United States, including, but not limited to, the nation and people of Israel, is not used to discriminate in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the FEHA (Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code).

(2) Any policy adopted by a person or actions taken thereunder that are reasonably necessary to comply with federal or state sanctions or laws affecting sovereign nations, or their nationals shall not be construed as unlawful discrimination in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the FEHA (Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code.

Suppliers are required to submit the California Civil Rights Laws Certification form with the application. Failure to submit this form will result in denial of the application.

IRAN CONTRACTING ACT

Supplier must either a) certify it is not on the current list of persons engaged in investment activities in Iran created by DGS pursuant to PCC 2203(b) and is not a financial institution extending $20 million or more in credit to another person/vendor, for 45 days or more, if that other person/vendor will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of person engaged in investment activities in Iran created by DGS; or b) demonstrate it has been exempted from the certification requirement pursuant to PCC section 2203(c) or (d).

The DGS list of entities prohibited from contracting with public entities in California in accordance with the Iranian Contracting Act, 2010, can be found at DGS Iran Contracting Act Ineligibility List

Supplier shall submit their response on the SPS Supplier Application (CMU 09-03). Failure to submit a response will result in denial of the application.

FEDERAL DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY CERTIFICATION

Expenditures from this contract may involve Federal funds. The Federal Department of Labor requires all State agencies which are expending Federal funds to have in the contract file, a certification by the Contractor that they have not been debarred nor suspended from doing business with the Federal government. Suppliers are required to submit the Federal Debarment Certification form with the application. Failure to submit this form will result in the denial of the application.

GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) DISCLOSURE NOTIFICATION 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 an 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.

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.

Supplier shall indicate on the SPS Supplier Application (CMU 09-03) if the Supplier intends to provide GenAI as a deliverable to the State or intends to complete all or a portion of any deliverable that has material impacts as specified above.

PAYEE DATA RECORD

Before an application can be considered for approval, Suppliers are required to complete and sign a Payee Data Record (STD 204).

TAX DELINQUENCY

Pursuant to the Public Contract Code Section 10295.4, prior to executing any State contract or renewal for non-IT goods or services, the contracting department must verify that the Supplier is not on either of the prohibited lists below. If Supplier is on either list, they will be ineligible for application approval.

FTB Top 500 Delinquent Taxpayers

CDTFA Top 500 Sales & Use Tax Delinquencies in California

EXECUTIVE ORDER N-6-22 – RUSSIAN SANCTIONS

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting an application, Supplier represents that it is not a target of Economic Sanctions. Should the State determine Supplier is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Supplier’s application any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

ENVIRONMENTALLY PREFERABLE PURCHASING (EPP)

DGS-PD is responsible for the implementation of Environmentally Preferable Purchasing (EPP) as mandated by PCC Sections 12400-12404. By signing the SPS Supplier Application (CMU 09-03), the Supplier is certifying that the products offered under this SPS are in compliance with the Federal Trade Commission’s Guidelines for the Use of Environmental Marketing Terms, per PCC Section 12404.

POST-CONSUMER RECYCLED CONTENT CERTIFICATION

State departments are required to report purchases made within 16 product categories in the California Department of Resources Recycling and Recovery’s (CalRecycle) State Agency Buy Recycled Campaign (SABRC) in accordance with PCC Sections 12200-12217.

In order to comply with those requirements, Suppliers are required to certify in writing the minimum percentage, if not the exact percentage, of post-consumer recycled content (PCRC) material in each of the Core products offered as part of this SPS.

The PCRC Certification Workbook contains the following documents:

· PCRC Percentages Worksheet – Supplier shall complete the PCRC Percentages Worksheet for each product offered.

· Letter of Certification – Supplier shall sign the Letter of Certification certifying that the minimum percentage, if not exact percentage, listed in the PCRC Percentages Worksheet is accurate. The Letter of Certification shall be furnished under penalty of perjury. The Letter of Certification shall be provided regardless of content, even if the products do not contain PCRC.

· Reportable Product Categories Table – This table is provided for informational purposes only and identifies the 16 SABRC reportable product categories.

The Supplier shall complete and submit the PCRC Certification Workbook with the application.

During the life of the contract, the Supplier will be required to submit revised PCRC Certification Workbook information if percentages are adjusted or if substitute line items are approved by the MAP Manager and State Contract Administrator. Post-Consumer Recycled Content (PCRC) information for Non-core items shall be provided to ordering departments upon request.

CAL-CARD PAYMENT

Supplier must indicate on SPS Supplier Application (CMU 09-03) if the Supplier will or will not accept the State’s CAL-Card Visa credit card for order payments.

APPLICATION COMPLETION INSTRUCTIONS

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The SPS Supplier Application (Form CMU 09-03) must be completed according to the following instructions and submitted to the CalHR MAP Manager and DGS-PD State Contract Administrator.

Enter the appropriate company information in the Supplier application fields as follows:

APPLICATION SUBMITTAL INSTRUCTIONS

The completed application and all required documents shall be submitted by email as follows:

· Email application submittal to Emily.Valerio@dgs.ca.gov and merit@calhr.ca.gov

· Email should clearly identify in the Subject Line “Application for SPS 25-Year State Service and Retirement Awards”

Emails should not exceed 10 megabytes (MB). The State’s mail server may automatically reject excessively large emails. Supplier may submit multiple emails if file size exceeds the recommended 10 MB. Multiple emails should be identified as follows: 1 of 3, 2 of 3, 3 of 3, etc.

Links to files stored on the internet (e.g., Google Drive, Dropbox) in lieu of attachments are not acceptable, and any documents stored at such links will not be reviewed.

Hard copy and faxed applications will not be accepted.

APPLICATION SUBMITTAL LIST

Return the following completed application documents to the CalHR MAP Manager and DGS-PD State Contract Administrator via email: