Supp._11_-_User_Instructions_65-32B.docx
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- Attached to
- Statewide Contract CA|1-20-65-32BB|0000170751
- Contract number
- 1-20-65-32BB
- Issued by
- California
About this file
This document is a California Department of General Services (DGS) Procurement Division Statewide Contract User Instructions for Contract 1-20-65-32B, involving American Textile Systems as the contractor. The contract is available to State of California departments, local governmental agencies (including California State Universities, University of California system, K-12 schools, and community colleges), and US governmental agencies. The contract administrator is John Anderson from DGS, and the contractor's primary contact is Julia Weber from American Textile Systems in Santa Fe Springs, California.
The contract covers Masks, Respirator and Surgical products at Surgical Levels 1-3, with standard and bulk pricing options. The contract term runs from December 8, 2020, through December 7, 2025, with the option to extend for four additional one-year periods. Minimum order quantities range from 100-144 masks for standard pricing and 1,000,001+ masks for bulk pricing. The contract includes six mask categories, with core items at set contract prices and non-core catalog items at set discounts. Local and US governmental agencies can use the contract optionally, with a 1.25% incentive fee remitted by the contractor to DGS for transactions. Delivery is set at 30 calendar days, with F.O.B. destination pricing, and the contract offers full credit/refund policies for various return scenarios.
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Other files
| File | Type | Posted |
|---|---|---|
| Attach._B_-_List_of_Contractors_By_Category.docx | DOCX document | |
| Attach._E_-_FEMA_Provisions.pdf | ||
| Supp._7_-_Attach._D_-_PCRC_Workbook.pdf | ||
| Attach._C_-_State_Specification.pdf | ||
| Supp._7_-_Attach._A_-_Contract_Pricing.xlsx | XLSX spreadsheet |
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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) 1-20-65-32B Contract User Instructions – *Supplement 11*
Contract 1-20-65-32B Page 21 *9/11/2024* User Instructions 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 11* *(Incorporates Supplement 1-11)*
| ISSUE AND EFFECTIVE DATE: | *9/11/2024* |
| CONTRACT NUMBER: | 1-20-65-32B |
DESCRIPTION: Masks, Respirator and Surgical Surgical Level: 1-3 (Standard/Bulk Pricing)
| CONTRACTOR: | American Textile Systems |
| CONTRACT TERM: | 12/08/2020 through *12/07/2025* |
| STATE CONTRACT ADMINISTRATOR: | *John Anderson* |
| *(279) 946-8213* | |
| *John.Anderson@dgs.ca.gov* |
The contract user instructions, products, and pricing are included herein. All purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions:
Non-IT General Provisions, rev 06/08/2010 (https://www.dgs.ca.gov/-/media/DD14F21678F64EBFADBC227F2C517C79.ashx)
| Cal eProcure link: | www.caleprocure.ca.gov |
| ORDER PLACEMENT INFORMATION |
Mailing Address:
American Textile Systems 10631 Hathaway Dr.
Santa Fe Springs, CA 90670 Fax/Email:
Fax: (562) 229-0597 Email: julia@amtexsys.com Contact Information:
American Textile Systems Contact: Julia Weber Phone: (562) 307-0762 Email: julia@amtexsys.com
Contractor Website: https://atsfacemasks.godaddysites.com/
To view a list of all contracts, compare products within a category, and/or compare prices of products within a category, go to https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Find-Masks-Respirator-and-Surgical-on-Statewide-Contracts?search=masks.
All changes to most recent Supplement are in bold red italic. Additions are enclosed in asterisks; deletions are enclosed in brackets.
SUMMARY OF CHANGES
| Supplement Number |
| Description/Articles |
| Supplement Date |
| *11* |
| *Subject contract for Envelopes, Recycled Paper is hereby modified to reflect the following changes: |
· Front page: Contract term extended one (1) additional year to 12/7/2025 and Contract Administrator updated from Willie Orphe III to John Anderson.
· Article 27: Contract Administrator change from Willie Orphe III to John Anderson.
· Article 39: Vetted/Forms Certifications language added.
· Article 40: Exemption to GEN-AI Procurement Procedures language added * *9/11/2024*
| 10 |
| Subject contract for Envelopes, Recycled Paper is hereby modified to reflect the following changes: |
· Article 13.A.3 – Blanket Orders, language has been updated.
4/18/2024
| 9 |
| Subject contract for Masks, Respirator and Surgical, is hereby modified to reflect the following changes: |
· Attachment A – Contract Pricing, Supplment 4 has been removed and replaced by Attachment A – Contract Pricing, Supplement 9 to update manufacturer and pricing.
· Attachment D – PCRC Workbook removed and replaced by Attachment D – PCRC Workbook, Supplement 9.
3/29/2024
| 8 |
| Subject contract for Masks, Respirator and Surgical, is hereby modified to reflect the following changes: |
· Front Page: Contract term extended one (1) additional year to 12/07/2024.
11/02/2023
| 7 |
| Subject contract for Masks, Respirator and Surgical, is hereby modified to reflect the following changes: |
· Article 37: Update language.
9/28/2022
| 6 |
| Subject contract for Masks, Respirator and Surgical, is hereby modified to reflect the following changes: |
· Front Page: Contract term extended, and contact information updated.
· Article 27: Update language 8/22/2022
| 5 |
| Subject contract for Masks, Respirator and Surgical, is hereby modified to reflect the following changes: |
· Front Page: Contract term extended.
· Front Page: Update General Provisions link.
10/07/2021
| 4 |
| Subject contract for Masks, Respirator and Surgical, is hereby modified to reflect the following changes: |
· Article 7, 8, 36 & 41: Update language.
· Attachment A – Contract Pricing, Supplement 4: Add Contractor’s website and product.
· Attachment D – PCRC Workbook, Supplement 4: Add new product.
5/21/2021
| 3 |
| Subject contract for Masks, Respirator and Surgical, is hereby modified to reflect the following changes: |
· Front Page: Contract Administrator changed from Eileen Tardiff to Willie Orphé
· Article 27: Contract Administrator change from Eileen Tardiff to Willie Orphé III.
04/28/2021
| 2 |
| Subject contract for Masks, Respirator and Surgical, is hereby modified to reflect the following changes: |
· Front Page: Remove N95, Vented and Non-Vented masks from the contract.
· Article 7: Update language.
· Article 8: Update language.
· Article 41: Update language.
· Attachment A – Contract Pricing, Supplement 2: Remove N95, Vented and Non-Vented masks from the contract.
03/24/2021
| 1 |
| Subject contract for Masks, Respirator and Surgical, is hereby modified to reflect the following changes: |
· Front Page: Add link directing to the DGS main Mask page.
· Front Page: Add Contractor’s website.
· Attachment A – Contract Pricing, Supplement 1: Correct pricing.
03/15/2021
| N/A |
| Original Contract Posted |
12/08/2020
All other terms and conditions remain the same.
TABLE OF CONTENTS
| 1. | SCOPE | 6 |
| 2. | CONTRACT USAGE/RULES | 6 |
| 3. | DGS ADMINISTRATIVE FEES | 7 |
| 4. | SB/DVBE OFF-RAMP PROVISION | 8 |
| 5. | EXEMPT PURCHASES | 8 |
| 6. | PROBLEM RESOLUTION/SUPPLIER PERFORMANCE | 8 |
| 7. | CONTRACT ITEMS | 8 |
| 8. | SPECIFICATIONS | 8 |
| 9. | CUSTOMER SERVICE | 9 |
| 10. | ELECTRONIC CATALOG/CONTRACT WEBSITE CONTENTS | 9 |
| 11. | PRODUCT SUBSCRIPTIONS | 9 |
| 12. | PROMOTIONAL PRICING | 10 |
| 13. | PURCHASE EXECUTION | 10 |
| 14. | MINIMUM ORDER | 11 |
| 15. | ORDERING PROCEDURE | 11 |
| 16. | ORDER ACCEPTANCE | 12 |
| 17. | ORDER ACKNOWLEDGEMENT | 12 |
| 18. | OUT OF STOCK REMEDY | 13 |
| 19. | DISCONTINUED ITEM REMEDY | 13 |
| 20. | DELIVERY SCHEDULES | 13 |
| 21. | EMERGENCY/EXPEDITED ORDERS | 13 |
| 22. | FREE ON BOARD (F.O.B.) DESTINATION | 13 |
| 23. | PALLETS | 14 |
| 24. | PACKING INFORMATION | 14 |
| 25. | SAFETY DATA SHEET | 14 |
| 26. | INSPECTION AND ACCEPTANCE | 14 |
| 27. | CONTRACT ADMINISTRATION | 15 |
| 28. | RETURN POLICY | 15 |
| 29. | CREDIT POLICY | 15 |
| 30. | RESTOCKING FEES | 16 |
| 31. | INVOICING | 16 |
| 32. | PAYMENT | 16 |
| 33. | CAL-CARD INVOICING | 17 |
| 34. | CALIFORNIA SELLER’S PERMIT | 17 |
| 35. | CERTIFICATION, TEST, AND/OR QUALITY CONTROL REPORTS | 18 |
| 36. | RECYCLED CONTENT | 18 |
| 37. | SMALL BUSINESS/DISABLED VETERAN BUSINESS ENTERPRISE PARTICIPATION | 18 |
| 38. | USEPA SMARTWAY TRANSPORTATION | 18 |
| 39. | VETTED FORMS/CERTIFICATIONS | 19 |
| 40. | EXEMPTION TO GEN-AI PROCURMENT PROCEDURES | 19 |
| 41. | FEDERAL EMERGENCY MANAGEMENT AGENCY(FEMA) PROVISIONS | 20 |
| 42. | ATTACHMENTS | 20 |
SCOPE
The State’s contract with American Textile Systems (Contractor) provides Masks, Respirator and Surgical at contracted pricing to the State of California and local/US governmental agencies in accordance with the requirements of Contract # 1-20-65-32 B. 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 Masks, Respirator and Surgical to the State.
The contract term is for one (1) year with an option to extend the contract for four (4) additional one (1) year periods 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.
The State has awarded contracts for multiple mask Categories. The Category contract choices can be found on Attachment B, List of Contractors by Category.
CONTRACT USAGE/RULES
State Departments
· The use of this contract is mandatory for all State of California departments.
· State departments must adhere to all applicable State laws, regulations, policies, best practices, and purchasing authority requirements, e.g. California Codes, Code of Regulations, State Administrative Manual, Management Memos, and State Contracting Manual Volume 2, as applicable.
· Prior to placing orders against this contract, State departments must have been granted non-IT purchasing authority by the Department of General Services, Procurement Division (DGS-PD) for the use of this statewide contract. 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.
· State departments must have a Department of General Services (DGS) agency billing code prior to placing orders against this contract. Ordering departments may contact their Purchasing Authority contact or their department’s fiscal office to obtain this information.
Local/US Governmental Agencies
· Local/US 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.
· US governmental agencies are defined as any state or federal governmental agency in the US. It also includes their governmental jurisdictions as described in Public Contract Code Chapter 2, Section 10298 (a) (b) and 10299. This includes their State Universities and University systems, K-12 schools and community colleges empowered to expend public funds for the acquisition of products.
· 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.
· US governmental agencies may negotiate the specific provisions cited below. If the parties cannot mutually agree, neither party shall be obligated to enter into an agreement:
· Invoicing and payment provisions
· Governing law, jurisdiction
· A DGS issued billing code is not required for local/US governmental agencies to place orders against this contract.
Unless otherwise specified within this document, the term “ordering agencies” will refer to all State departments and/or local/US governmental agencies eligible to utilize this contract. Ordering and/or usage instructions exclusive to State departments or local/US governmental agencies shall be identified within each article.
Departments may choose any Contractor offered, however, it is highly recommended that the ordering agency receive quotes from multiple Contractors within a Category to leverage the best price for the State, while still meeting the needs of the ordering agency.
Contractors have the option to offer better-than-contract pricing. Ordering agencies have the option to request better-than-contract pricing to leverage the best price when comparing quotes.
DGS ADMINISTRATIVE FEES
1. State Departments The DGS will bill each State department an administrative fee for use of this statewide contract. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS.
Current fees are available online in the Price Book & Directory of Services (https://www.dgs.ca.gov/OFS/Price-Book) (go to Price Book Download and click on Purchasing under Procurement Division).
Local/US Governmental Agencies For all local/US 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/US governmental agency’s purchase price, nor invoiced or charged to the local/US governmental agency. All prices quoted to local/US governmental agencies shall reflect State contract pricing, including any and all applicable discounts, and shall include no other add-on fees, with the exceptionof delivery charges in accordance with Section 22, Free on Board (F.O.B.) Destination.
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
Ordering agencies 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
This contract includes six (6) categories of Masks, Respirator and Surgical as listed below:
· Surgical, Level 3 (Standa Surgical, Level 1 (Standard Pricing and Bulk Pricing)
· Surgical, Level 2 (Standard Pricing and Bulk Pricing)
· Surgical, Level 3 (Standard Pricing and Bulk Pricing)
Each Category has a core item that has a set contract price. Each Category also has a non-core catalog with a set discount off catalog. Only approved non-core items can be purchased.
SPECIFICATIONS
All products listed on Attachment A, Contract Pricing, conform to Attachment C, State Specification # 6532-5278r1 dated, June 3, 2020, CUSTOMER SERVICE
Contractor will have a customer service unit that supports this contract. The customer service unit shall respond to inquiries, including telephone, facsimile, and email, weekdays during the hours of 8:00AM to 5:00PM (PT).
| Contact |
| Phone |
| Julia Weber |
| Julia@amtexsys.com |
| (562) 307-0762 |
| Priscilla Darwin |
| priscilla@amtexsys.com |
| (562) 229-0036 |
ELECTRONIC CATALOG/CONTRACT WEBSITE CONTENTS
An Electronic Catalog/Contract Website specific to the Statewide contract for Masks, Respirator and Surgical, is available and contains the following data elements at minimum:
· Detailed line-item descriptions of masks offered
· State-specific contract current pricing/discounts
· SB/DVBE participation information
· Contractor’s customer service contact information
· Contractor price lists (current and archives)
PRODUCT SUBSCRIPTIONS
It is the expectation of the State that the Contractor will provide products that meet the requirements of the contract throughout the term of the contract. If, during the life of the contract, a contract product is discontinued, the Contractor shall notify the State Contract Administrator in writing and propose a comparable substitute product at least thirty (30) calendar days prior to product discontinuation. The State Contract Administrator will review the substitute product and determine acceptability.
Once the substitute product has been approved, the State Contract Administrator will provide written approval to the Contractor to update contract item information in accordance with Section 10, Electronic Catalog/Contract Website. These changes will be made in the form of a supplement to these User Instructions.
The Contractor will maintain the current contract price and/or discount throughout the original term of the contract and any extension, including upon approved substitution, unless a price increase has been granted.
If no substitute product is available that meets or exceeds the specifications due to market change, the State may alter the requirements to meet the updated marketplace standards. Obsolescence of a product may be determined at the State’s discretion.
PROMOTIONAL PRICING
During special pricing promotions, the Contractor shall offer all ordering agencies the promotional pricing or the contract pricing, whichever is lower.
The Contractor shall notify the State Contract Administrator of all promotional pricing changes. Notification shall include at a minimum:
· Promotion start and end dates
· Models and products included in the promotion
· Promotional pricing
Promotional pricing shall not be cause for a permanent change in pricing. Promotional pricing shall not be cause for Contract Refresh.
Promotional items shall come with all benefits of the statewide contract terms and conditions and shall include all provisions.
The Contractor shall not substitute products or modify catalog information without written approval from the State Contract Administrator.
PURCHASE EXECUTION
1. State Departments Std. 65 Purchase Documents State departments not transacting in FI$CAL must use the Purchasing Authority Purchase Order (Std. 65) for purchase execution. An electronic version of the Std. 65 is available at the Office of State Publishing web site (https://www.dgsapps.dgs.ca.gov/osp/StatewideFormsWeb/Forms.aspx) (select STD Forms).
All Purchasing Authority Purchase Orders (Std. 65) must contain the following:
· Agency Order Number (Purchase Order Number)
· Ordering Agency Name
· Agency Billing Code
· Purchasing Authority Number
· Leveraged Procurement Number (Contract Number)
· Supplier Information (Contact Name, Address, Phone Number, Fax Number, E-mail)
· Line-Item number
· Quantity
· Unit of Measure
· Commodity Code Number
· Product Description
· Unit Price
· Extension Price
· Discount (if applicable) FI$CAL Purchase Documents State departments transacting in FI$CAL will follow the FI$CAL procurement and contracting procedures.
Blanket Orders The use of blanket orders against this statewide contract is allowed. Ordering agencies issuing blanket purchase orders must adhere to the following guidelines:
a) If the purchase crosses into a different Fiscal Year (FY); the ordering entity must warrant they have budget authority for the expenditure.
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/US Governmental Agencies Local/US 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
The minimum orders are:
· Standard Pricing –
· CLINs 100 and 200-100 masks.
· CLINs 400, 500 and 600- 144 masks.
· Bulk Pricing - 1,000,001+ masks of the same category
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
The Contractor’s Order Placement Information is as follows:
ORDER PLACEMENT INFORMATION
U.S. Mail:
American Textile Systems 10631 Hathaway Dr.
Santa Fe Springs, CA 90670 Facsimile:
(562) 229-0597 Email:
julia@amtexsys.com
When using any of the ordering methods specified above, all State departments must conform to proper State procedures.
ORDER ACCEPTANCE
The Contractor shall accept orders from any State department or local/US governmental ordering agency for approved contract items within scope of the contract.
The Contractor shall not accept purchase documents for this contract that:
· Are incomplete
· Contain non-contract items or items outside the scope of the contract
· Contain non-contract terms and conditions (unless otherwise allowed by contract)
The Contractor must not refuse to accept orders from any State department or local/US governmental ordering agency for any other reason without written authorization from the State Contract Administrator (exception: failure to successfully negotiate out-of-California delivery).
ORDER ACKNOWLEDGEMENT
The Contractor must provide the ordering agencies with an order receipt acknowledgment via e-mail/facsimile within one (1) business day after receipt of an order. The acknowledgement will include:
· Contractor’s Order Number
· Ordering Agency Name
· Agency 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 order acknowledgment identifying out of stock items, the ordering agencies shall have the following options:
· Request back order
· Cancel the item from the order with no penalty
Under no circumstance is the Contractor permitted to make substitutions with non-contract items or unauthorized products without approval from the State Contract Administrator.
DISCONTINUED ITEM REMEDY
Upon receipt of order acknowledgment identifying discontinued items, the ordering agencies shall have the following options:
· Amend purchase document to reflect State-approved substitute item (in accordance with Section 11, Product Substitutions)
· Cancel the item from the order
Under no circumstance is the Contractor permitted to make substitutions with non-contract items or unauthorized products without approval from the State Contract Administrator.
DELIVERY SCHEDULES
Delivery of ordered product shall be completed within thirty (30) calendar days after receipt of an order, 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.
The State understands that during a national/world crisis, a thirty (30) day lead time for some orders could be difficult. The State strongly encourages ordering agencies to work with Contractors during these instances to extend their lead time for such orders.
The Contractor must notify the ordering agency within forty-eight (48) hours of scheduled delivery time if delivery cannot be made within the time frame specified on the order.
EMERGENCY/EXPEDITED ORDERS
Although expedited shipping is not included in the contract as this time, DGS-PD reserves the right to negotiate expedited shipping into the contract in the future.
FREE ON BOARD (F.O.B.) DESTINATION
All prices offered shall be F.O.B. destination, freight prepaid by the Contractor, to the ordering agency’s final receiving point. Responsibility and liability for loss or damage for all orders shall remain with the Contractor until final inspection and acceptance, when all responsibility shall pass to the ordering agency, except the responsibility for latent defects, fraud, and the warranty obligations.
If the Purchase Order indicates delivery outside California, the Contractor and ordering agency may negotiate for delivery. This delivery may be subject to an additional delivery charge which shall be shown as a separate item on the ordering agency’s purchase order and invoice.
PALLETS
Unless otherwise specified on the ordering agency’s purchase order document, standard commercially available pallet sizes should be used. All pallets shall be of sturdy construction and adequate condition to assure delivery of the goods without damage to the goods or safety hazards.
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.
PACKING INFORMATION
Packing requirements shall be in accordance with General Provisions, Article 12, Rev. 06/08/2010).
Any back ordered or out of stock items shall be identified on the packing sheet as well as the availability date of unfilled and partial shipment.
A packing label shall also be included with each order shipped and include the following items, visible on the outside of the box/case/pallet:
· Ordering Agency Name
· Delivery Address, Unit, and/or Floor
· Ordering Agency Contact Information
SAFETY DATA SHEET
Ordering agencies may request Safety Data Sheets with their purchase. Upon request, the Contractor shall provide a Safety Data Sheet for products subject to Title 8 of the California Code of Regulations (CCR), section 5194, Hazard Communication.
INSPECTION AND ACCEPTANCE
Inspection and acceptance shall be in accordance with the General Provisions, Rev. 06/08/2010, Article 17, Inspection, Acceptance and Rejection.
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.
| Administrator Information |
| DGS-PD |
| American Textile Systems |
| Contact Name: |
| *John Anderson* |
| Julia Weber |
| Telephone: |
| *(279) 946-8213* |
| (562) 307-0762 |
| Facsimile: |
| *N/A* |
| (562) 229-0597 |
| Email: |
| *john.anderson@dgs.ca.gov* |
| julia@amtexsys.com |
| Address: |
| DGS/Procurement Division |
Attn: *John Anderson* 707 Third Street, 2nd Floor, MS 201 West Sacramento, CA 95605 American Textile Systems Attn: Julia Weber 10631 Hathaway Dr.
Santa Fe Springs, CA 90670
RETURN POLICY
Contractor will accept all products for return if returned prior to acceptance by the ordering agency in accordance with Section 26, Inspection and Acceptance. Contractor shall offer a credit or refund in accordance with Section 29, Credit Policy. Contractor may impose a Restocking Fee in accordance with Section 30, Restocking Fees.
Products returned should be in the packaging as delivered and include all documentation.
All returns shall be picked up within seven (7) working days of notification. Notification is defined as notice in writing, by facsimile or e-mail. Shipping or freight costs for returned items that were shipped in error, defective or freight-damaged shall be paid by the Contractor.
CREDIT POLICY
The Contractor shall offer a full credit/refund for the following items:
· Items shipped in error
· Defective or freight-damaged items
· Unopened product (within 30 days of delivery)
All other items returned in accordance with Section 28, Return Policy, shall receive credit or refund, less any applicable restocking fees in accordance with Section 30, Restocking Fees. In all cases, the ordering agency shall have the option of taking an exchange, receiving a credit, or receiving a refund.
The Contractor will be responsible for the credit/refund or replacement of all products. Contractor cannot require the ordering agency to deal directly with the manufacturer.
RESTOCKING FEES
The Contractor will not impose a restocking fee on the ordering agency for the following situations:
· Items returned that were damaged upon receipt
· Incorrect items shipped
· Defective items
· Items that are not accepted (within 30 days of delivery)
· Unopened product (within 30 days of delivery)
· Unopenened items for exchange (within 30 days of delivery)
Re-stocking fees for all other reasons can be no greater than 5 percent of the value of the items needing re-stocking.
The packaging and documentation provisions of Section 28, Return Policy, shall apply to re-stocked items.
INVOICING
Invoices shall be submitted to the ordering agencies within seven (7) calendar days from date of delivery.
Ordering agencies may require separate invoicing, as specified by each ordering agency.
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 State departments may use the CAL-Card for the payment of invoices. Use of the CAL-Card requires the execution of a Purchasing Authority Purchase Order (Std. 65) in accordance with Article 13, Purchase Execution and must include all required documentation applicable to the purchase.
The CAL-Card is a payment mechanism, not a procurement approach and, therefore, does not relieve State departments from adhering to all procurement laws, regulations, policies, procedures, and best practices, including those discussed in the State Contracting Manual (SCM) Volume 2. This includes but is not limited to the application of all sales and use tax laws, rules and policies as applicable to the purchase.
State Financial Marketplace State departments reserve the right to select the form of payment for all procurements, be it either an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS $Mart and/or Lease $Mart). If payment is via the financial marketplace, the Contractor will invoice the State department and the State department will approve the invoice and the selected Lender/Lessor for all product listed on the State's procurement document will pay the Contractor on behalf of the State.
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. State departments should contact the Contractor for copies of the Payee Data Record.
CAL-CARD INVOICING
All CAL-Card invoices are to be processed separately from other payment methods and include the elements identified in Section 31, Invoicing. CAL-Card invoices shall be submitted to the CAL-Card account holder. The total invoice amount for each CAL-Card order must reflect a zero (0) balance due or credit, if applicable, and state “paid by CAL-Card”.
This website contains additional information regarding DGS-PD’s CAL-Card program (https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Enroll-in-CAL-Card-Program-for-Government-Entities).
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.
| Contractor Name |
| Seller Permit # |
| American Textile Systems |
| 97-062773 |
CERTIFICATION, TEST, AND/OR QUALITY CONTROL REPORTS
The Contractor must provide any certification, test, and/or quality control reports requested by an ordering agency (e.g., NIOSH Respirator Approval Package, NIOSH manufacturing site quality reports, pass/fail rate data). The Contractor must provide these reports within ten (10) business days of request. Documentation must not be expired and be the most current information available.
Issues in providing reports in the time frame stated must be submitted to the State Contract Administrator immediately for resolution.
RECYCLED CONTENT
State departments are required to report purchases in many product categories. If there is any recycled content, the Postconsumer-Content Certification Form for the Contractor is attached (Attachment D, Supplement 4).
SMALL BUSINESS/DISABLED VETERAN BUSINESS ENTERPRISE PARTICIPATION
There is no small business (SB) or disabled veteran business enterprise (DVBE) participation for this contract.
USEPA SMARTWAY TRANSPORTATION
The Contractor has agreed to partner with a transportation carrier that participates in the USEPA Smartway Program (https://www.epa.gov/smartway/smartway-partner-list). The transportation company is:
Transportation Company
Transport Express
If the ordering agency notices the Contractor is not utilizing the above mentioned transporation company, the ordering agency should contact the DGS Contract Administrator.
VETTED FORMS/CERTIFICATIONS
*The DGS-PD, as the awarding department, has assessed the Contractor and subcontractor forms, certifications, and compliance to performing a commercially useful function (CUF) during the solicitation evaluation process. Consequently, when executing purchase documents pursuant to this contract, it is not necessary for State departments operating under statewide contract purchasing authority to conduct a CUF evaluation or request the completion of the following required certifications and forms:
· Bidder Declaration Form (GSPD 05-105)
· DVBE Declaration Form (DGS-PD 843)
· Darfur Contracting Act Form
· California Civil Rights Certification Form
· Iran Contracting Act Certification
· Russian Sanctions Agreement
· Federal Debarment
State departments should make a notation of this within their procurement file.
Any irregularities or concerns regarding prime or SB/DVBE sub-contractor responsibilities are to be immediately documented and reported to the State Contract Administrator for further investigation. Information provided to the State Contract Administrator includes, but is not limited to:
· Copy of executed purchase document
· Value-added service description
· Work performance issue or concern
· State department contact name, email, and phone number.*
EXEMPTION TO GEN-AI PROCURMENT PROCEDURES
*In accordance with SCM Vol.2, Chapter 23, Generative Artificial Intelligence, this Statewide Contract is exempt from the GenAI Procurement Procedures and does not require collection of the GenAI Reporting and Factsheet (STD 1000).*
FEDERAL EMERGENCY MANAGEMENT AGENCY(FEMA) PROVISIONS
This contract has the opportunity for FEMA reimbursement. See attachment E, Federal Emergency Management Agency (FEMA) Provisions.
ATTACHMENTS
Attachment A – Contract Pricing, Supplement 9 Attachment B – List of Contractors by Category Attachment C – Specification # 6532-5278r1 dated, June 3, 2020 Attachment D – Postconsumer Content Certification Workbook, Supplement 9 Attachment E – Federal Emergency Management Agency (FEMA) Provisions image1.jpeg
File details come from the government source that posted it. Updated .