SPS_Terms_and_Conditions.docx

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES – PROCUREMENT DIVISION

STATE PRICE SCHEDULE (SPS) 2-26-84-14

SUPPLIER APPLICATION TERMS AND CONDITIONS

**THESE TERMS AND CONDITIONS ARE NOT REQUIRED TO BE RETURNED WITH THE SPS SUPPLIER APPLICATION (CMU 09-03)**

SCOPE

This SPS is intended for purchases of products to provide 25-Year State Service and Retirement Awards for the California Department of Human Resources (CalHR), Merit Award Program (MAP).

SPS TERM

SPS 2-26-84-14 will be effective 2/1/2026. The term of SPS 2-26-84-14 is for three (3) years, with an option to extend the SPS for an additional two (2) year period or portion thereof. Approved SPS Suppliers must submit an application annually to demonstrate compliance with the SPS. The State reserves the right to terminate the SPS for convenience upon thirty (30) days written notice.

SUPPLIER APPROVAL TERM

The list of approved SPS Suppliers is only valid for a twelve (12) month period. Within the current year term, any application received and approved will only be valid until January 31st. Suppliers must submit a renewal application annually to continue to be listed as an approved SPS Supplier.

Note: Renewal applications must be received no later than December 15th in order to avoid any lapse in approval.

GENERAL PROVISIONS

Except where these terms and conditions or the SPS User Instructions provide otherwise, the following General Provisions apply to purchases from this SPS:

· Non-IT purchases must comply with Non-IT General Provisions (rev 02/20/2025)

· IT purchases must comply with IT General Provisions, Non-Cloud (rev 02/20/2025)

PRODUCT CATEGORIES

SPS items are categorized under two (2) main categories:

· Core Items:

Core items are the seven (7) core items as listed in the State Price Schedule Supplier Application (CMU 09-03, rev. 11/03/2025), PART II Products, Types of Core Items.

· Non-Core Catalog Items:

Non-core catalog items are all 25-Year State Service and Retirement Awards available in the Supplier’s commercially available catalog. Non-core catalog items shall be limited to items within the scope of the 25-Year State Service and Retirement Awards, not included as part of the core items.

Items outside of the scope of the SPS shall not be allowed.

SUPPLIER PARTICIPATION REQUIREMENTS

To be eligible to participate in the SPS, a Supplier must submit an application as described in the SPS Supplier Application Instructions and SPS Supplier Application (CMU 09-03, rev. 11/03/2025), and agree to comply with all of the Supplier Application Terms and Conditions including the following requirements:

The California State Seal is the property of the State and shall be used responsibly, appropriately and only for its intended use to satisfy the request of the department.

All goods furnished under this SPS shall be newly manufactured. Used, shopworn, refurbished, demonstrator, or prototypes are not acceptable.

Must supply all seven (7) core items as listed in the SPS Supplier Application (CMU 09-03, rev. 11/03/2025), PART II Products, Types of Core Items.

Must provide a personalized 25-Year State Service and Retirement Award Certificate and Presentation Folder with every core or non-core award purchase. Suppliers must adhere to the following specifications, which set forth the minimum requirements for 25-Year State Service and Retirement Award Certificates and Presentation Folders:

I. Certificate Folder shall be of adequate size to hold 8.5”x11” certificate in a book-like configuration with a fold on left vertical edge.

II. Folder shall have 4 slit corners in one flap to hold certificate in place.

III. The certificate text shall be lithographed in PMS 287 Blue on White Classic Crest 80# cover paper. A state seal shall be gold foiled and embossed.

IV. The certificate note shall read as follows: “This Certificate is Presented to” (recipient name) “for Faithful Public Service In Recognition of Employment with the State of California for a Period of Twenty–Five years completed” (month, day, year) V. Folder, with certificate tucked inside, shall be shipped in a heavy duty envelope with ‘Do not bend’ marking.

VI. The Supplier (with the State’s assistance) shall be responsible for obtaining digital representations of the signatures of the Governor and Secretary of State. Signatures shall be for the correct person at the time of issue. If there is an administration change, the Supplier is responsible (with the State’s assistance) for assuring that certificates issued after the inauguration day represent the new office holders. Certificates representing the appropriate elected official must be available at no additional cost to the State throughout the life of the contract, regardless of the number of signature changes that may be required.

For each product, the Supplier shall be the factory, or a factory authorized distributor, and offer factory or factory authorized service for the products they are offering.

Suppliers shall submit all required documents at the time of SPS Supplier Application submittal.

Suppliers shall provide an online catalog of all products offered.

VII. The Supplier shall cover all costs of access and deployment to the State departments.

VIII. The Supplier shall provide access to an electronic catalog that represents the content and pricing agreed upon in the SPS.

IX. The Supplier’s system shall be available twenty-four (24) hours a day, seven (7) days a week for reviewing products.

X. The Supplier’s system shall be able to serve multiple users at any given time.

XI. The Supplier’s system shall provide separate pages for core items and non-core items. Each item must show:

· Picture of item

· Description of item

· Supplier’s Item Code

· Cost to the State of the item Suppliers shall submit and maintain price lists as described in Section 7 below. Sales tax is not to be included in the price on the price list. Sales tax for orders shall be added 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.

Suppliers shall at all times remain current on business qualifications including, but not limited to, active California Secretary of State Certification, California retailer’s seller’s permit, vendor data payee record (STD-204), and small or disabled veteran business certification (if applicable).

Suppliers shall respond to any request for a price quote from any state department within five (5) business days unless more time is needed as deemed by the CalHR MAP Manager. A Supplier may comply with this requirement by indicating, within the required time frame, that the request is incomplete and additional information is required in order to provide a quote.

The Supplier shall provide a full refund to the ordering department for products returned within thirty (30) calendar days of acceptance, unless the ordering department elects to accept a credit or an exchange for other products, for the following reasons:

XII. Items shipped in error XIII. Items that are returned within thirty (30) calendar days of acceptance XIV. Defective or freight-damaged items upon receipt XV. Spelling errors and misprints are due to no fault of the ordering department.

Suppliers shall not be required to provide a refund pursuant to Section 6.K where:

XVI. The Supplier submitted a quote and provided the exact product/s requested by the ordering department.

XVII. After accepting the product, the ordering department and/or consumer subsequently determine they no longer want the product.

XVIII. The product is personal in nature and has been removed from original packaging (e.g. earphones) and is in good working order.

The Supplier may not impose a restocking fee on the ordering department where the product is returned pursuant to Section 6.K. If the Supplier agrees to accept a return under other circumstances, the Supplier may charge a restocking fee of no more than 10 percent of the value of the products to be returned.

Suppliers shall comply with all applicable SPS rules, procurement statutes, and regulations.

The Supplier may not share the name, address or other Personally Identifiable Information (PII) of a state employee or other end user with other Suppliers or manufacturers except to the extent necessary to ensure proper delivery and support of the product. Under no circumstances may any Supplier use, or permit others to use, such PII for advertising products or services or for any other commercial purpose beyond those authorized in this paragraph.

PRICING LIST

Suppliers approved to participate in the SPS must submit price lists with prices they agree to honor for at least twelve (12) months offered through the SPS. Suppliers may offer discounts below the listed price when quotes are solicited, but the price shown on the price list will be considered the maximum the Supplier may charge.

A Supplier may submit a new price list no more than once every twelve (12) months. If no new list is received after twelve (12) months, the prior list will remain in effect and prices on that list must be honored until a new price list has been submitted, reviewed, approved by the CalHR MAP Manager and posted on the Supplier website.

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.

Note: Price lists submitted by Suppliers will be available to all state departments. Any ordering department may refer to these price lists and utilize prices listed as required in the SPS User Instructions.

PRICE DECLINES

The Supplier shall immediately notify the CalHR MAP Manager and DGS-PD State Contract Administrator of all manufacturer’s price declines and ordering departments shall receive full benefit of such declines.

PRODUCT SUBSTITUTIONS

Supplier’s proposed product must be available for the entire SPS term. If, during the SPS term, specific contract line items are no longer available, Supplier may propose substitute product that either meets or exceeds the minimum requirements. Under no circumstance is the Supplier permitted to make substitutions with non-contract items or unauthorized products without approval from the CalHR MAP Manager and DGS-PD State Contract Administrator.

Product substitution shall follow the applicable General Provisions based on product type:

· Product substitution for Non-IT contract items shall be in accordance with Non-IT General Provisions (rev 02/20/2025), Section 4.1 entitled “Substitutions”.

· Product substitution for IT contract items shall be in accordance with IT General Provisions, Non-Cloud (rev 02/20/2025), Section 7.6 entitled “Substitutions”.

CUSTOMER SERVICE

The Supplier will have a customer service unit that supports this SPS. The customer service unit shall provide office and personnel resources for responding to inquiries, including telephone and email coverage weekdays during the hours of 8:00 AM through 5:00 PM (PT).

Supplier shall assign a Contract Manager to act as a contact for all contract-related issues. Supplier Contract Manager information shall be provided prior to application approval.

MINIMUM ORDER

There is no minimum order for this SPS.

NON-CORE EMPLOYEE PAYMENT

Suppliers must provide employees the option to purchase any item from the non-core award catalog. For employees selecting a non-core award, the State of California will pay $165 (plus tax on $165), and the employee will be responsible for paying any remaining balance directly to the Supplier.

Suppliers shall accept employee payments be made via:

· Personal Check

· Money Order

· Credit Card Payment over the phone

After receiving the employee’s portion of payment, Suppliers must provide employees with a confirmation number.

Note: Prior to the Purchase Order being sent to the Supplier, the employee’s portion of the payment must be made directly to the Supplier. No order will be officially placed until the employee’s portion is paid in full. The State’s portion of the payment will be standard State terms.

SUPPLIER ORDERING INFORMATION

The Supplier shall accept orders through the following methods:

· Email – An email address to be used by ordering departments for placing orders is to be in place before the commencement of this contract.

· Facsimile – A facsimile number to be used by ordering departments for placing orders is to be in place before the commencement of this contract. Facsimile orders must be accepted between the hours of 8:00 AM and 5:00 PM (PT), Monday through Friday.

· Mail – Supplier must have the capability to receive orders by mail in place before the commencement of this contract.

ORDER ACCEPTANCE

The Supplier shall accept orders from any California State department.

The Supplier shall not accept purchase documents for this contract that:

· Are incomplete (required information on purchase documents will be provided during contract implementation).

· Contain non-contract items including items that are not available on the Supplier’s website.

· Contain non-contract terms and conditions.

The Supplier must not refuse to accept orders from any State department for any other reason without written authorization from the CalHR MAP Manager and DGS-PD State Contract Administrator.

ORDER ACKNOWLEDGEMENT

The Supplier must provide the ordering department with an order receipt acknowledgement through email within forty-eight (48) hours of receipt. Order Acknowledgement will include:

· Supplier’s Order Number

· Ordering Department Name

· Department Order Number (Purchase Order Number)

· Description of Goods

· Total Cost

· Anticipated Delivery Date

· Identification of any Out of Stock/Discontinued Items

OUT OF STOCK REMEDY

Upon receipt of an order acknowledgment identifying out of stock items, the ordering departments shall have the following options:

· Request a back order

· Cancel the item from the order with no penalty The Supplier will provide notification to the ordering departments regarding out-of-stock items which have been back ordered.

Under no circumstance is the Supplier permitted to make substitutions with non-contract items or unauthorized products.

DISCONTINUED ITEM REMEDY

Upon receipt of an order acknowledgment identifying discontinued items, the ordering departments shall have the following options:

· Amend purchase document to reflect State-approved substitute item

· Cancel the item from the order Under no circumstance is the Supplier permitted to make substitutions with non-contract items or unauthorized products without approval from the CalHR MAP Manager and DGS-PD State Contract Administrator.

PURCHASE EXECUTION

A. STD. 65 Purchase Documents State departments not transacting in FI$CAL must use the Purchasing Authority Purchase Order (STD. 65) for purchase execution. An electronic version of the STD. 65 is available at the Office of State Publishing website (select STD Forms).

All Purchasing Authority Purchase Orders (STD. 65) must contain the following:

· Department Order Number (Purchase Order Number)

· Ordering Department Name

· Department 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

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

Note: Local governmental agency use of this SPS is not allowed

DELIVERY LOCATIONS

Deliveries shall be made statewide to the location specified on the individual purchase order, which may include, but not be limited to inside buildings, high-rise office buildings, and receiving docks.

DELIVERY SCHEDULES

Delivery of ordered product shall be completed in full within thirty (30) calendar days after receipt of an order (ARO), unless otherwise agreed to by the ordering department. Since receiving hours for each ordering department will vary by facility, it will be the Supplier’s responsibility to check with each facility for their specific delivery hours before delivery occurs.

The Supplier must notify the ordering department within twenty-four (24) hours of scheduled delivery time, if delivery cannot be made within the time frame specified on the Order Acknowledgement.

Supplier is requested to make deliveries in Los Angeles County, Orange County, San Bernardino Metropolitan Area, and San Diego Metropolitan Area during off-peak hours. Off-peak hours are Monday through Friday, 10:00 AM to 4:00 PM.

DELIVERY SECURITY REQUIREMENTS

Deliveries may be made to locations inside secure grounds that require prior clearances or special entry procedures for delivery drivers.

Security procedures may vary from facility to facility. The Supplier will be responsible for contacting the secure location for security 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 secure grounds may be cause for contract default.

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

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

PACKAGING, PACKING AND MARKING

All shipments must comply with the applicable General Provisions based on product type:

· Shipments for Non-IT contract items must comply with Non-IT General Provisions (rev 02/20/2025), Section 15.10 entitled “Packing and Shipment”.

· Shipments for IT contract items must comply with IT General Provisions, Non-Cloud (rev 02/20/2025), Sections 7.1 and 7.2 entitled “Packing” and “Shipment”, respectively.

INSPECTION AND ACCEPTANCE

Inspection and acceptance shall follow the applicable General Provisions based on product type:

· Inspection and acceptance for Non-IT contract items shall be conducted in accordance with Non-IT General Provisions (rev 02/20/2025), Section 4 entitled “Inspection, Acceptance and Rejection.”

· Inspection and acceptance for IT contract items shall be conducted in accordance with IT General Provisions, Non-Cloud (rev 02/20/2025), Section 6 entitled “Inspection, Acceptance and Rejection.”

WARRANTY

Warranty requirements shall be in accordance with the applicable General Provisions based on product type:

· Warranty requirements for Non-IT contract items shall be in accordance with Non-IT General Provisions, (rev 02/20/2025), Section 5 entitled “Warranties & Representations”.

· Warranty requirements for IT contract items shall be in accordance with IT General Provisions, Non-Cloud (rev 02/20/2025), Section 8 entitled “Warranties & Representations”.

INVOICING REQUIREMENTS

Invoices shall be submitted to the ordering department within seven (7) calendar days from date of delivery. The Supplier’s invoice must include, at a minimum:

· Supplier’s name, address, and telephone number

· Leveraged Procurement Agreement Number (Contract Number)

· Purchase Order Number

· Item Number

· Quantity purchased

· Contract Unit Price and Extension

· State sales and/or use tax

· Prompt payment discounts/cash discounts, if applicable

· Totals for each order

The State’s obligation to make payment pursuant to the contract is subject to availability of appropriated funds. Receipt of a Purchasing Authority Purchase Order (STD. 65) or Purchase Order in FI$Cal under this SPS is proof of encumbered funds for that order.

PAYMENT 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.

RANDOM SAMPLE COMPLIANCE REVIEW

The CalHR MAP Manager has the option of randomly sampling offered products after application approval from any order to ensure compliance with contract requirements. Any products failing random sample review will be replaced by the Supplier free of charge and re-evaluated by the CalHR MAP Manager. The CalHR MAP Manager has the option of removing listed line items that fail random sample compliance review. Failure to submit requested information may be considered a breach of contract and subject the Supplier to the applicable General Provisions based on product type:

· Non-IT contract items will be in accordance with Non-IT General Provisions, (rev 02/20/2025), Section 11.3 entitled “Termination for Default”.

· IT contract items will be in accordance with IT General Provisions, Non-Cloud (rev 02/20/2025), Section 16.3 entitled “Termination for Default”.

PRODUCT RECALL PROCEDURES

The Supplier shall provide product recall notification, regardless of level, in writing to the CalHR MAP Manager, DGS-PD State Contract Administrator and each ordering department through the most expedient method possible. The notices, at a minimum, shall include a complete product description and/or identification, contract number, delivery order number and disposition instructions.

The Supplier shall issue replacement of product or credit for any product removed or recalled. Each ordering department shall have the option of accepting either replacement product or credit in exchange for recalled/removed products.

SAFETY DATA SHEET

The Supplier shall provide a Safety Data Sheet for products subject to Title 8 of the California Code of Regulations (CCR), Section 5194, Hazard Communication.

REPORTING REQUIREMENTS

During the SPS period, Supplier is required to submit the reports outlined in this section on a quarterly basis. The Usage Report shall contain, but will not be limited to, the data elements identified in the Contract Usage Report Template.

Reports shall be provided to the CalHR MAP Manager and DGS-PD State Contract Administrator, in MS Excel format only, via email by the 15th day following the ending of the reporting period (Q1 (Jan, Feb, March), Q2 (April, May, June) and so on.)

Reports are required every quarter, including quarters of no new activity.

A. Contract Usage Report:

The Contract Usage Report shall detail all invoiced purchases against the contract by State departments during the specified reporting period.

B. Aging Debt Report:

The Aging Debt Report must contain the outstanding invoices by State Department for the specified reporting period.

C. Ad Hoc Reporting The Supplier shall have the ability to provide ad hoc reporting capabilities at no cost to the ordering department. The Supplier shall permit and provide access to all data that pertains to any procurement action taken by an ordering department or the State as a whole. The State ordering department may make copies of procurement data in any form and the use of such data shall not be restricted. Dependent on future reporting requirements, the State may ask for certain reports to become standard and delivered to the State on a monthly or quarterly basis.

The State reserves the right to request any additional data elements, as deemed necessary, to the reports listed in this section.

SUSPENSION OF SUPPLIERS

1. A Supplier may be suspended and removed from the list of approved SPS Suppliers if the Supplier:

I. Misappropriated the use of the California State Seal.

II. No longer meets participation requirements in these Terms and Conditions or fails to comply with applicable rules.

III. Fails to disclose required information on the Supplier’s application or provides inaccurate or misleading information.

IV. Fails to promptly notify the CalHR MAP Manager and DGS-PD State Contract Administrator of any changes in company information supplied on the Supplier’s application form.

V. Repeatedly fails to honor prices on a price list, which is in effect at the time an order is placed.

VI. Repeatedly fails to perform and/or deliver on a purchase order as required in these Terms and Conditions.

VII. Within the past six (6) months there have been at least three (3) complaints about a Supplier’s products or services, which, after notice to the Supplier, remain unresolved.

Before a Supplier is suspended, the Supplier will be provided with written notice of the grounds for suspension and an opportunity to present evidence or arguments as to why suspension is not appropriate.

If grounds for suspension are established, the Supplier will be removed from the approved list of Suppliers for a minimum of six (6) months, or until the end of the current term of the SPS, whichever is less. For particularly flagrant misconduct, the DGS-PD State Contract Administrator, after consultation with the CalHR MAP Manager, may suspend the Supplier for a longer period of time to be specified in the notice of suspension.

At the end of the suspension period, or whenever all Suppliers are again required to re-apply, a suspended Supplier may apply for reinstatement based on a showing that steps have been taken to address the issues which led to the original suspension.

INFORMATION CHANGES

Any changes to company information provided on the Supplier’s application should be immediately sent to the CalHR MAP Manager and DGS-PD State Contract Administrator in writing.

STATE CONTACT INFORMATION

CalHR MAP Manager

DGS-PD State Contract Administrator

1515 S Street North Bldg., Suite 500 Sacramento, CA 95811-7258 DGS/Procurement Division 707 Third Street, 2nd Floor, MS 201 West Sacramento, CA 95605 image1.jpeg