Supp._14_-_User_Instructions_65-32BB.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) 1-20-65-32BB, *Supplement 14* Contract User Instructions

Contract 1-20-65-32BB Page 18 *09/09/2024* 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 14* *(Incorporates Supplements 1-14)*

N95: Vented, Non-Vented, and Surgical (Standard/Bulk Pricing)

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)

Mailing Address:

ProcureNet America 30 N. Gould St.

Ste. 9894 Sheridan, WY 82801 Fax/Email:

Fax: (307) 333-0381 Email:

usteam@procurenet.io

Contact Information:

ProcureNet America Gurbaksh Chahal (CEO) Phone: (415) 319-0246 Email:

usteam@procurenet.io

Contractor Website: https://ca-dgs.procurenet.io/

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

· Front Page, Section 27: Change Contractor contact information from Frank Martin to John Anderson.

· Front Page: Contract extended through 12/7/2025.* *09/09/2024*

· Added Section 36: Exemption To GenAI Procurement Procedures.

07/22/2024

· Front Page: Contract extended through 12/7/2024.

10/17/2023

· Front Page, Section 15, and Section 27: Update Contractor email address.

· Section 39: Update language.

1/11/2023

· Front Page: Contract extended through 12/7/2023.

· Section 27: Update contact information.

8/19/2022

· Front Page: Updated telephone number of State Contract Administrator and updated Order Placement Information.

· Section 15: Updated Contractor information.

· Section 27: Updated Contractor information.

12/21/2021

Front Page: Contract extended through 12/7/2022.

10/7/2021

· Front Page, Article 15 and 27: Change Contractor Contact information.

· Article 8, 36, and 41: Update language.

· Attachment A – Contract Pricing-Supplement 7: Update pricing; add new products.

· Attachment D – PCRC Workbook-Supplement 7: Add new product information.

09/21/2021

· Front Page: Updated Non-IT General Provisions link.

· Articles 8 & 41: Updated language.

· Attachment A – Contract Pricing, Supplement 6: Remove Dasheng masks from contract.

08/30/2021

· Front Page, Article 15, and Article 27: Change Contractor Contact information.

06/08/2021

· Front Page & Article 27: State Contract Administrator has changed from Eileen Tardiff to Frank Martin.

05/17/2021

· Front Page: Added N95 Vented and Surgical masks back to contract.

· Article 7: Updated language.

· Attachment A – Contract Pricing, Supplement 3: Added N95 Vented and Surgical masks back to contract.

03/15/2021

· Front Page: Remove N95 Vented and Surgical masks.

· Front Page: Add link directing to the DGS main Mask page.

· Article 7: Update language.

· Article 27: Updated contact information

· Attachment A – Contract Pricing, Supplement 2: Remove N95 Vented and Surgical masks

· Attachment A– Contract Pricing, Supplement 2: Remove Dasheng masks from Categories 2 and 8.

02/26/2021

· Page 1: Contractor’s website and fax has been added. Contact information has been updated.

· Section 15 Ordering Procedure: Contact information has been updated.

· Section 27 Contract Administration: Fax number has been updated.

· Attachment A Contract Pricing, Supplement 1: Contractor’s website has been added.

1/29/2021

All other terms and conditions remain the same.

TABLE OF CONTENTS

SCOPE

The State’s contract with ProcureNet (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 1-20-65-32BB. 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:

· N95, Vented (Standard Pricing)

· N95, Non-Vented (Standard Pricing)

· N95, Surgical (Standard Pricing)

· N95, Vented (Bulk Pricing)

· N95, Non-Vented (Bulk Pricing)

· N95, Surgical (Bulk Pricing)

Each Category has a core item that has a set contract price. Each Category also contains 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, Supplement 7, 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).

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 Substitutions 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.

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:

As appropriate to the individual Category

· Standard Pricing - 100 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

· Email

The Contractor’s Order Placement Information is as follows:

ORDER PLACEMENT INFORMATION

U.S. Mail:

ProcureNet America 30 N. Gould St. Ste. 9894 Sheridan, WY 82801 Facsimile:

(307) 333-0381 Email:

usteam@procurenet.io

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:

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.

Attn: *John Anderson* 707 Third Street, 2nd Floor, MS 201 West Sacramento, CA 95605 ProcureNet America Attn: Gurbaksh Chahal 30 N. Gould St. Ste. 9894 Sheridan, WY 82801

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

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

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

This section does not apply to this contract.

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.

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.

EXEMPTION TO GEN-AI PROCUREMENT 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).

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 7).

SB/DVBE 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

Yusen Logistics

If the ordering agency notices the Contractor is not utilizing the above mentioned transporation company, the ordering agency should contact the DGS Contract Administrator.

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.

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 7 Attachment B – List of Contractors by Category Attachment C – Specification # 6532-5278r1 dated, June 3, 2020 Attachment D – Postconsumer Content Certification Workbook, Supplement 7 Attachment E – Federal Emergency Management Agency (FEMA) Provisions image1.jpeg