Supp_9_User_Instructions.docx

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

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION

Contract (Mandatory) 1-21-68-10 *Supplement 9* Contract User Instructions

Page 12 6/11/2025 State of California

STATEWIDE CONTRACT

USER INSTRUCTIONS

All changes to most recent Supplement are in bold red italic. Additions are enclosed in asterisks, *, and deletions are enclosed in brackets, [].

MANDATORY

*Supplement 9* *Incorporates supplements 1 – 9*

The contract user instructions, products, and pricing are included herein. All purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions:

Non-IT General Provisions, rev 06/08/2010 (https://www.dgs.ca.gov/-/media/DD14F21678F64EBFADBC227F2C517C79.ashx)

Cal eProcure link: www.caleprocure.ca.gov

ORDER PLACEMENT INFORMATION

Mailing Address:

McArthur Farm Supply, Inc.

PO Box 99, McArthur, CA 96056 Fax/Email:

Fax: 530-336-6355 Email: salt@mcarthurfarmsupply.com Contact Information:

McArthur Farm Supply, Inc.

Christine McArthur

Phone: 530-336-6133 Email: salt@mcarthurfarmsupply.com Or cmcarthur@mcarthurfarmsupply.com

All changes to most recent Supplement are in bold red italic. Additions are enclosed in asterisks; deletions are enclosed in brackets.

SUMMARY OF CHANGES

· Cover Page: Contract Administrator has been updated

· Article 22: Contract Administrator has been updated.* *6/11/2025*

· Article 31 has been updated.

4/9/2025

· Cover Page: Contract Administrator has been updated.

· Article 22: Contract Administrator has been updated.

2/12/2025

· Cover Page: The contract term has been extended through 8/6/2026 11/19/2024

· Article 12 Purchase Execution has been updated.

· Article 24 Payment has been updated.

· Article 31 Exemption to Gen-AI Procurement Procedures has been added.

8/1/2024

· Cover Page: The contract term has been extended through 08/06/2025.

· Article 1 Scope has been updated.

· Article 13 Minimum Order has been changed.

· Attachment A – Contract Pricing has been updated.

1/30/2024

· Cover Page: Contract Administrator contact information has been updated, and the Non-IT General Provisions link has been updated.

· Article 11 – Purchase Execution # 2 – Blanket Orders language has been updated.

· Article 22 - Contract Administration, State Contract Administrator contact information has been updated.

· Article 30 – Bidder Declaration/Commercially Useful Function (CUF)/Certifications has been updated.

11/18/2022

· Article 22: Contract Administrator facsimile number has been removed.

· Article 31, Attachments, Attachment A, Contract Pricing has been removed and replaced with Attachment A, Contract Pricing, Supplement 2.

09/15/2022

· Article 8. Specifications, language has been updated. Tote Brining Salt Specification section was added.

· Article 22: Contract Administrator phone number has been updated.

· Article 31, Attachments, Attachment A, Contract Pricing has been removed and replaced with Attachment A, Contract Pricing, Supplement 1. Attachment B, Specification Number 6810-5425, dated 11/16/2021 has been removed and replaced with Specification Number 6810-5425 Rev 1, dated 12/23/2021.

01/03/2022

All other terms and conditions remain the same.

TABLE OF CONTENTS

SCOPE

The State’s contract with McArthur Farm Supply, Inc. (Contractor) provides De-icing Road Salt for Districts 1, 2, 3, 6, 7, 9, 10, and 11 at contracted pricing to the State of California Department of Transportation (Caltrans) and local governmental agencies in accordance with the requirements of Contract # 1-21-68-10. The Contractor shall supply the entire portfolio of products as identified in the contract and will be the primary point of contact for data collection, reporting, and distribution of De-icing Road Salt to the State.

The contract term is for three (3) years with an option to extend the contract for two (2) additional one (1) year period or portion thereof. The terms, conditions, and prices for the contract extension option shall be by mutual agreement between the Contractor and the State. If a mutual agreement cannot be met the contract may be terminated at the end of the current contract term.

CONTRACT USAGE/RULES

State Departments

· The use of this contract is mandatory for Caltrans.

· Caltrans must adhere to all applicable State laws, regulations, policies, best practices, and purchasing authority requirements, e.g. California Codes, Code of Regulations, State Administrative Manual, Management Memos, and State Contracting Manual Volume 2 and 3, as applicable.

· Prior to placing orders against this contract, Caltrans must have been granted non-IT purchasing authority by the Department of General Services, Procurement Division (DGS-PD) for the use of this statewide contract. State departments that have not been granted purchasing authority by DGS-PD for the use of the State’s statewide contracts may contact DGS-PD’s Purchasing Authority Management Section by e-mail at pams@dgs.ca.gov.

· Caltrans must have a Department of General Services (DGS) agency billing code prior to placing orders against this contract. Ordering departments may contact their Purchasing Authority contact or their department’s fiscal office to obtain this information.

Local Governmental Agencies

· Local governmental agency use of this contract is optional.

· Local government agencies are defined in Public Contract Code Chapter 2, Section 10298 (a) (b) and 10299 (b); this includes the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges empowered to expend public funds for the acquisition of products While the State makes this contract available to local governmental agencies, each local governmental agency should determine whether this contract is consistent with its procurement policies and regulations.

· Local governmental agencies shall have the same rights and privileges as State departments under the terms of this contract. Any local governmental agencies desiring to participate shall be required to adhere to the same responsibilities as do State departments and have no authority to amend, modify or change any condition of the contract.

· A DGS issued billing code is not required for local governmental agencies to place orders against this contract.

Unless otherwise specified within this document, the term “ordering agencies” will refer to Caltrans and local governmental agencies eligible to utilize this contract. Ordering and/or usage instructions exclusive to Caltrans or local governmental agencies shall be identified within each article.

DGS ADMINISTRATIVE FEES

1. State Departments The DGS will bill Caltrans an administrative fee for use of this statewide contract. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS.

Current fees are available online in the Price Book & Directory of Services (https://www.dgs.ca.gov/OFS/Price-Book) (go to Price Book Download and click on Purchasing under Procurement Division).

Local Governmental Agencies For all local government agency transactions issued against the contract, the Contractor is required to remit the DGS-PD an Incentive Fee of an amount equal to 1.25 percent of the total purchase order amount excluding taxes and freight. This Incentive Fee shall not be included in the local governmental agency’s purchase price, nor invoiced or charged to the local governmental agency. All prices quoted to local governmental agencies shall reflect State contract pricing, including any and all applicable discounts, and shall include no other add-on fees.

SB/DVBE OFF-RAMP PROVISION

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

EXEMPT PURCHASES

There are no exempt purchases associated with this contract.

PROBLEM RESOLUTION/SUPPLIER PERFORMANCE

Caltrans and/or Contractor shall inform the State Contract Administrator of any technical or contractual difficulties encountered during contract performance in a timely manner. This includes and is not limited to informal disputes, supplier performance, outstanding deliveries, etc. The ordering agency should include all relevant information and/or documentation (e.g., purchase documents).

CONTRACT ITEMS

All available line items and associated pricing are listed on Attachment A, Contract Pricing.

SPECIFICATIONS

All products listed on Attachment A, Contract Pricing Supplement 1, conform to Attachment B, Bid Specification Number 6810-5425 Rev. 1, dated 12/23/2021.

CUSTOMER SERVICE

The Contractor will have a customer service unit that is dedicated to this contract. The customer service unit provides office and personnel resources for responding to inquiries, including telephone and email coverage weekdays during the hours of 8:00 a.m. - 5:00 p.m., PT.

The customer service unit shall be staffed with individuals that:

· Are trained in the requirements of this contract

· Have the authority to take administrative action to correct problems that may occur The Contractor’s customer service unit shall respond to all customer inquiries within one (1) business day of initial contact.

530-250-7960 salt@mcarthurfarmsupply.com or cmcarthur@mcarthurfarmsupply.com

PRODUCT SUBSTITUTIONS

Product substitution shall be in accordance with the General Provisions (rev 06/08/10), Article 16 entitled “Substitutions”.

PROMOTIONAL PRICING

The Contractor shall immediately notify the State Contract Administrator of all manufacturer’s price declines and ordering agencies shall receive full benefit of such declines, effective on the date of manufacturer’s public announcement.

PURCHASE EXECUTION

1. State Departments Std. 65 Purchase Documents Caltrans must use the Purchasing Authority Purchase Order (Std. 65) for purchase execution. An electronic version of the Std. 65 is available at the Office of State Publishing web site (https://www.dgsapps.dgs.ca.gov/osp/StatewideFormsWeb/Forms.aspx) (select STD Forms).

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

· Agency Order Number (Purchase Order Number)

· Ordering Agency Name

· Agency Billing Code

· Purchasing Authority Number

· Leveraged Procurement Number (Contract Number)

· Supplier Information (Contact Name, Address, Phone Number, Fax Number, E-mail)

· Line Item number

· Quantity

· Unit of Measure

· Commodity Code Number

· Product Description

· Unit Price

· Extension Price

Blanket Orders The use of blanket purchase orders against this statewide contract are allowed. Caltrans issuing blanket purchase orders must adhere to the following guidelines:

a) The order does not cross into Fiscal Years.

b) The order is only used for items on the contract.

c) The order does not exceed the contract period.

d) All orders placed against the blanket purchase order must be in writing.

e) When funds are exhausted a new order is issued.

f) The order is issued only to one contract supplier.

All orders placed against the blanket purchase order (BPO) shall be invoiced at the current contract price at the time the individual order is placed. BPOs should not include a contract unit price, however, if the BPO specifies a contract unit price, an amendment to the BPO is required.

Local Governmental Agencies Local governmental agencies may use their own purchase document for purchase execution. The purchase documents must include the same data elements as listed above (Exception: Purchasing Authority Number and Billing Code which are used by State departments only).

MINIMUM ORDER

Totes (KD Solar Salt - Coarse in 2450 lbs. Mini Bulk with Liner)

22.05 tons (18 totes)

ORDERING PROCEDURE

Ordering agencies are to submit appropriate purchase documents directly to the Contractor via one of the following ordering methods:

· U.S. Mail

· Facsimile

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

ORDER PLACEMENT INFORMATION

U.S. Mail:

McArthur Farm Supply, Inc.

PO Box 99 McArthur, CA 96056 Facsimile:

(530) 336-6355 Email:

salt@mcarthurfarmsupply.com or

When using any of the ordering methods specified above, Caltrans must conform to proper State procedures.

ORDER ACCEPTANCE

The Contractor shall accept orders from Caltrans and any local government agency. The Contractor shall not accept purchase documents for this contract that:

· Are incomplete

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

· Contain non-contract items

· Contain non-contract terms and conditions The Contractor must not refuse to accept orders from Caltrans or a local governmental agency for any other reason without written authorization from the State Contract Administrator.

ORDER RECEIPT CONFIRMATION

The Contractor will provide ordering agencies with an email or facsimile order receipt confirmation within two (2) business days of receipt of purchase document. The Order Receipt Confirmation shall include the following information:

· Ordering agency name

· Agency order number (purchase order number)

· Purchase order total cost

· Anticipated delivery date

DELIVERY SCHEDULES

Delivery for orders placed against this contract shall be in accordance with the following:

1. Locations Deliveries are to be made statewide to the location specified on the individual purchase order, which may include, but are not limited to, the locations listed on Attachment A – Contract Pricing. Deliveries may be made inside buildings and receiving docks. The State reserves the right to add, modify, or delete delivery locations during the term of the contract.

For local agencies, deliveries are to be made to the location on the Purchase Order.

Schedule Delivery of ordered product shall be completed in full within two (2) days after receipt of an order (ARO) unless otherwise agreed to by the ordering agency. Since receiving hours for each ordering agency will vary by facility, it will be the Contractor’s responsibility to check with each facility for their specific delivery hours before delivery occurs. Contractor shall notify delivery location of pending delivery two (2) hours prior to arrival. The Contractor must notify the ordering agency within twelve (12) hours of scheduled delivery time, if delivery cannot be made within the time frame specified on the Order Confirmation.

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

Security Requirements Deliveries may be made to locations inside secure institutional grounds (such as the California State Prisons) that require prior clearances to be made for delivery drivers. Since security clearance procedures for each facility may vary, it will be the Contractor’s responsibility for contacting the secure location for security clearance procedures, hours of operation for deliveries and service, dress code, and other rules of delivery.

Emergency Delivery/Services In the case of emergency, the contractor will be notified, and delivery shall be started within twelve (12) hours following the request. A minimum of 50-percent of the order must be completed within twenty-four (24) hours from the start of delivery. This includes weekends, holidays, and after normal working hours. Emergency deliveries outside of the regular working hours and/or days may require plant opening.

Caltrans shall make every effort to maintain sufficient levels of salt in their sheds to help minimize the need for special emergency deliveries.

Bulk/Bagged Salt Delivery Equipment Contractor shall deliver bulk salt via pneumatic truck, dump truck, or end dump truck. Delivery of bagged salt shall be made via flatbed trailer. All open loads must be fully tarped from the origin to the destination. Caltrans shall provide forklift to unload.

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

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

PACKAGING, PACKING AND MARKING

All shipments must comply with Non-IT General Provisions (rev 06/08/2010), Paragraph 12 entitled “Packing and Shipment.”

Bagged Salt Delivery requirements are as follows:

· Salt shall be packaged in 50lbs (net), multi-wall paper bags.

· Each bag shall show the producer’s name and net weight.

· Where pallets are required, they shall be furnished by the supplier. Exchange pallets may be available; however, the State assumes no responsibility for the availability to exchange pallets. Delivery drivers shall not remove more pallets from the location than delivering at time of delivery.

SAFETY DATA SHEET

The Contractor shall provide a Safety Data Sheet for product(s) subject to Title 8 of the California Code of Regulations, Section 5194, Hazard Communication. The Safety Data Sheet is to be provided to the ordering agency upon written request.

INSPECTION AND ACCEPTANCE

In accordance with the General Provisions, rejection of deliverables must be processed within thirty (30) days of delivery or it shall be deemed as accepted by the State.

CONTRACT ADMINISTRATION

Both the State and the Contractor have assigned contract administrators as the single points of contact for problem resolution and related contract issues.

(530) 250-7960

salt@mcarthurfarmsupply.com or

Attn: *Jason Vu* 707 Third Street, 2nd Floor, MS 201 West Sacramento, CA 95605 McArthur Farm Supply, Inc.

Attn: Christine McArthur PO Box 99 McArthur, CA 96056

INVOICING

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

· Contractor’s name, address and telephone number

· Leveraged Procurement Agreement Number (Contract Number)

· Agency order number (purchase order number)

· Item and commodity code number

· Quantity purchased

· Contract price and extension

· State sales and/or use tax

· Prompt payment discounts/cash discounts, if applicable

· Totals for each order

PAYMENT

1. Terms Payment terms for this contract are net forty-five (45) days. Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927, et seq. Unless expressly exempted by statute, the Act requires State departments to pay properly submitted, undisputed invoices not more than forty-five (45) days after the date of acceptance of goods, performance of services, or receipt of an undisputed invoice, whichever is later.

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

Payee Data Record Each State department’s accounting office must have a copy of the Contractor’s Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting offices. Without the Std. 204, payment may be unnecessarily delayed. The Std. 204 can be found in FI$CAL or may be requested from the Contractor.

CALIFORNIA SELLER’S PERMIT

The California seller permit number for the Contractor is listed below. Ordering Agencies can verify that permits are currently valid at the following website: www.cdtfa.ca.gov. State departments must adhere to the file documentation identified in the State Contracting Manual Volume 2 and Volume 3.

RANDOM SAMPLE COMPLIANCE REVIEW

The State has the option of randomly sampling offered products after award from any order to ensure compliance to contract requirements. Any products failing random sample review will be replaced by the Contractor free of charge and re-evaluated by the State. The State has the option of removing listed line items that fail random sample compliance review. Notice may be made by phone or email. Failure to submit requested information may be considered a breach of contract and subject the Contractor to Non-IT General Provisions (rev 06/08/2010), paragraph 26 entitled “Rights and Remedies of State for Default”.

RECALL PROCEDURES

The Contractor shall provide recall notification, regardless of level, in writing to the State Contract Administrator and each ordering agency 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 Contractor shall issue replacement of product or credit for any product removed or recalled. Each ordering agency shall have the option of accepting either replacement product or credit in exchange for recalled/removed products.

RECYCLED CONTENT

There is no recycled content associated with this contract.

SB/DVBE PARTICIPATION

The awarded vendor is a certified Small Business. There is no Disabled Veteran Business Enterpirse (DVBE) participation on this contract. There are no additional subcontractors for this contract.

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

Percent (%)

DVBE

Percent (%)

The Contractor will meet the contract SB participation percentage as follows:

SB Participation: The Contractor (prime) is a California certified SB. For each order placed through this contract, State departments can claim 100% SB participation.

BIDDER DECLARATION/COMMERCIALLY USEFUL FUNCTION (cuf)/CERTIFICATIONS The DGS-PD, as the awarding department, has assessed the Contractor and subcontractor certifications, (i.e. Darfur, Russian Sanctions, SB/DVBE, etc.), Bidder Declaration, and CUF during the solicitation evaluation process. Consequently, when executing purchase documents pursuant to this contract, it is not necessary for State departments operating under statewide contract purchasing authority to request the completion of State required certifications, a Bidder Declaration document, or perform additional CUF analysis. The State department should make a notation of this within their procurement file.

GENERATIVE INTELLIGENCE (GENAI) PROCUREMENT PROCEDURES

GenAI contract provisions (rev. 2/20/2025) have been incorporated into the contract. Contractor does not intend to utilize GenAI as a deliverable. If GenAI is disclosed by the Contractor, state departments must follow the required GenAI purchase procedures outlined in SCM Vol.2, Chapter 23, Generative Artificial Intelligence.

ATTACHMENTS

Attachment A – Contract Pricing Supplement 4 Attachment B – Specification Number 6810-5425 Rev 1, dated 12/23/2021 image1.jpeg