Supp._5_User_Instructions_1-22-23-30.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) 1-22-23-30 Contract User Instructions *Supplement 5*

Page 12 6/10/2025 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 5* *(Incorporates Supplements 1 – 5) *

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 6/21/2022)

Cal eProcure link: www.caleprocure.ca.gov

ORDER PLACEMENT INFORMATION

Mailing Address:

Long Beach BMW Motorcycles 2125 E. Spring St.

Long Beach, CA 90806 Fax/Email:

Fax: 562-506-2144 Contact Information:

Long Beach BMW Motorcycles Charles Berthon Phone: 562-426-1200

Email: cberthon@lbbmwmotorcycles.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

· Front Page: Update Contract Administrator

· Article 29: Update Contract Administrator* *6/10/2025*

· Article 41 and Article 42 have been modified 4/8/2025

· Contract term has been extended 10/31/2024

· Article 41 and Article 42 have been added 8/1/2024

· Front Page: Update Contract Administrator

· Article 29: Update Contract Administrator 8/11/2023

12/28/2022

All other terms and conditions remain the same.

TABLE OF CONTENTS

SCOPE

The State’s contract with Long Beach BMW Motorcycles (Contractor) provides Motorcycles, Enforcement Type at contracted pricing to the State of California and local governmental agencies in accordance with the requirements of Contract # 1-22-23-30. 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 Motorcycles, Enforcement Type 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 will expire at the end of the current contract term.

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 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 all State departments and/or local governmental agencies eligible to utilize this contract. Ordering and/or usage instructions exclusive to State departments or local governmental agencies shall be identified within each article.

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 (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.

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

All available Core line items and cost are listed on Attachment A – Contract Pricing.

Non-core catalog (Dealers Catalog) items are all options/accessories available in the Contractor’s commercially available Dealers Catalog. All such items in the Dealers Catalog are offered at a ten percent (10%) discount off of list pricing. Ordering agencies may contact the Contractor for a current copy of the Dealer’s Catalog.

SPECIFICATIONS

All products listed on Attachment A, Contract Pricing, conform to Attachment B, Bid Specification Number 2330-6086, dated 9/18/2022.

CUSTOMER SERVICE

Contractor will provide office and personnel resources for responding to requests, including telephone coverage weekdays during the hours of 8:00 AM through 5:00 PM (PT).

Product Substitutions Product substitution shall be in accordance with the General Provisions (Non-IT General Provisions (rev 6/21/2022), 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.

STATE AGENCY INFORMATION TECHNOLOGY CERTFICATION REQUIREMENT

There is no technology certification requirement associated with this contract

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 (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

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 purchase orders against this statewide contract is not allowed.

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

The minimum order shall be one (1) motorcycle. Tools and training identified on the pricing worksheet are ancillary to the motorcycle purchase and may be purchased as standalone items.

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:

Long Beach BMW Motorcycles 2125 E. Spring St.

Long Beach, CA 90806 Facsimile:

(562) 506-2144 Email:

cberthon@lbbmwmotorcycles.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 ordering agency. The Contractor shall not accept purchase documents for this contract that:

· Are incomplete

· Contain non-contract items

· Contain non-contract terms and conditions The Contractor must not refuse to accept orders from any ordering 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 forty-eight (48) hours 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

OUT OF STOCK REMEDY

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

· Request a back order

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

Under no circumstance is the Contractor 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 agencies shall have the following options:

· Amend purchase document to reflect State-approved substitute item (per Article 9, 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.

CUSTOM MOTORCYCLE ORDERS

All custom motorcycle orders shall include the features offered with the motorcycle at the time of bid. Only the requested additional features, options and/or substitutions deviating from the motorcycle offered at the time of bid, shall be subject to additional charges to the ordering agency.

DELIVERY SCHEDULES

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

1. Locations Delivery for CHP shall be FOB Destination to:

California Highway Patrol (CHP), Fleet Operations 3300 Reed Ave. West Sacramento, CA 95605

(916) 309-6800

If the purchase order indicates delivery outside the CHP FOB point, the Contractor and agency will negotiate for delivery. This delivery may be subject to an additional delivery charge.

Schedule Delivery of ordered product shall be completed in full within sixty (60) calendar 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 ordering agency for their specific delivery hours before delivery occurs. 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 Receipt 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 grounds that require prior clearances or special entry procedures for delivery drivers.

Security procedures may vary from facility to facility. The Contractor 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.

EMERGENCY/EXPEDITED ORDERS

Not Applicable

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.

If the purchase order indicates delivery outside the CHP FOB point, the Contractor and agency will negotiate for delivery. This delivery may be subject to an additional delivery charge. This charge shall be shown as a separate item on the purchase order and invoice. State agencies requesting delivery outside the CHP FOB area must contact the Transportation Management Unit for freight rate comparisons if the Contractor is delivering the vehicle. These delivery instructions will be provided on the purchase order. If the Contractor receives a purchase order without specific transportation instructions, they must contact the ordering agency.

PALLETS

Not Applicable

SHIPPED ORDERS

All motorcycles must be completely serviced, inspected, properly adjusted and road tested before delivery, including the proper fill of all fluids and lubricants. The Contractor shall insure that each enforcement motorcycle reaches its delivery point with a full tank of fuel and a fully charged battery.

Motorcycles delivered with more than one hundred (100) miles on the odometer shall not be accepted.

DOCUMENTATION AND TOOLS with motorcycle The Contractor shall provide the following technical information, specialty equipment, and tools with each motorcycle:

Manuals/Documentation Each motorcycle shall be delivered with a rider’s manual, warranty guide and consumer information guide necessary for proper operation and maintenance of the motorcycle.

· Factory Service Manuals - Service manuals will be applicable to each model year purchased. Delivery of manuals shall be within fifteen (15) days of delivery of the first motorcycle purchased from each model year. (Digital media is acceptable.)

· Parts List – Parts List shall provide service part numbers complete in every detail covering the model year for the motorcycle purchased. (Digital media is acceptable.)

· Dealer Service Bulletins – Copies of each bulletin published applicable to the model year motorcycle being purchased.

· Flat Rate or suggested time schedule – (Digital media is acceptable.)

· Manual or diagram listing all sizes and locations of radio bonding straps

Tools and Equipment Specialty Tools include all factory available and factory mandated equipment including supplemental specialty tools applicable to the repair and maintenance of the contract motorcycle and any subsequent model year motorcycles covered by the contract. Delivery of factory equipment shall be within seventy-five (75) days of delivery of the first motorcycle purchased from each model year.

Electronic Diagnostic Tools include all factory available and factory mandated electronic diagnosis computers/scan tools and software support applicable to the repair and maintenance of the contract motorcycle and any subsequent model year motorcycles covered by the contract. Delivery of factory equipment shall be within seventy-five (75) days of delivery of the first motorcycle purchased from each model year.

PACKING SLIP

Packing slip requirements shall be in accordance with the General Provisions (Non-IT General Provisions (rev 6/21/2022)), Article 12 entitled “Packing and Shipment”.

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 prepared and delivered in accordance with this Section.

INSPECTION AND ACCEPTANCE

The first motorcycle delivery shall consist of no more than five (5) motorcycles and shall be completed within sixty (60) calendar days ARO.

All subsequent deliveries shall be in accordance with the delivery schedule as specified on the purchase order of the ordering agency. Motorcycles delivered to the State will be inspected for specification compliance. Acceptance of delivery does not imply specification compliance and does not preclude the State from requiring the Bidder to correct non-compliance issues. In the event a motorcycle is returned to the Bidder for lack of compliance to the specifications prior to being put in service, the official delivery date will be the date the motorcycle is returned to the State and deemed compliant by the inspector. All motorcycles delivered must meet the minimum requirements of the contract.

If it is found that any motorcycle delivered does not meet the minimum requirements, the Bidder shall be required to correct the non-compliance issue at their expense, within thirty (30) calendar days. Failure to correct any deficiencies in any motorcycle delivered, to any ordering agency, may cause the Bidder to be in default of the contract terms.

The State reserves the right to inspect any motorcycle for specification compliance at the Bidder’s place of business or at any State delivery location in accordance with the State’s General Provisions (Non-IT General Provisions (rev 6/21/2022)). Local agencies will be responsible for inspecting their motorcycles for specification compliance and acceptance.

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: *Robb Parkison* 707 Third Street, 2nd Floor, MS 201 West Sacramento, CA 95605 Long Beach BMW Motorcycles Attn: Charles Berthon 2125 E. Spring St.

Long Beach, CA 90806

CREDIT POLICY

The Contractor shall offer a credit/refund for the following items:

· Items shipped in error

· Items that are returned within thirty (30) calendar days of delivery

· Defective or freight-damaged items In all cases, the ordering agency shall have the option of taking an exchange or receiving a credit, or receiving a refund.

The Contractor will be responsible for the credit or replacement of all products, including those covered by manufacturer warranties. The Contractor cannot require the ordering agency to deal directly with the manufacturer.

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.

A discount of 1 percent is offered for prompt payment of not more than twenty (20) days.

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.

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.

CALIFORNIA Vehicle dealer The California Vehicle Dealer license number is listed below. State Departments can verify that permits are currently valid at the following website: https://www.dmv.ca.gov/portal/dmv/detail/portal/olinq2/welcome and follow the prompts, selecting Vehicle Dealer/Broker when asked to select a Business Category.

WARRANTY

The manufacturer’s warranty shall apply to all motorcycles purchased under this contract.

All motorcycles purchased shall include a three (3) year/sixty thousand (60,000) mile warranty, with no deductible.

The warranty effective date shall be the in-service date of the motorcycle, as reported by the ordering agency to the Contractor. Any available warranty in excess of three (3) year/60,000 miles shall be included in the dealer’s Catalog. The ordering agency shall accept the service intervals listed in the manufacturer’s preventative maintenance schedule as sufficient for meeting the service requirements for obtaining warranty service.

FACTORY CERTIFIED MECHANIC TRAINING

Training shall be available when needed due to staffing changes.

Between the contract award date and first deliveries against the contract, the Contractor shall provide technical training, including factory supported product indoctrination and maintenance/repair trainings.

The Contractor shall provide dealer mechanic level technical training at a factory authorized training facility, on the entire motorcycle including, but not limited to: (1) engine and transmission diagnosis and overhaul; (2) brake system diagnosis and repair; (3) fuel system diagnosis and repair; (4) engine and chassis electrical system diagnosis and repair; (5) steering and suspension system repair; and (6) final drive diagnosis and overhaul. Any classes necessary for subsequent model year updates will be included at no additional cost. The Contractor shall permit any of the ten (10) CHP personnel to attend regular scheduled training classes conducted by the factory for their dealer mechanics, for the various components/systems on the model motorcycle purchased. This shall include any general classes such as “electrical”.

All travel and transportation expenses for the CHP personnel shall be arranged and pre-paid for by the Contractor except as noted below. Transportation expenses consist of the charges for commercial carrier fares, rental vehicles including fuel, private or State vehicle mileage at $.58/mile, overnight and day parking for State- or privately-owned vehicles, bridge or road tolls, taxi or street car fares, and all other charges necessary for transportation. Lodging and meals shall be paid at the State per diem rate (http://www.calhr.ca.gov/employees/Pages/travel- reimbursements.aspx).

When air travel is used, claims for transportation by the scheduled airlines shall be allowed at the lowest fare available in conformity with the regular published tariffs for scheduled airlines in effect on the date the flight originated.

Reimbursement for fuel, mileage, parking, tolls, and fares shall be paid within thirty (30) days of claim submittal to the Contractor.

The Contractor shall keep CHP advised of scheduled training classes held either at their training center(s) or at dealerships within California (greater Sacramento, San Francisco/Oakland, Los Angeles and/or San Diego areas).

The Contractor motorcycle mechanic training shall certify and authorize the CHP to perform mechanic level technical work on the motorcycle without voiding the warranty.

All Trainings shall be located within California.

Re-refined Lubrication Oils The State has the right to request from the motorcycle manufacturer the use of re-refined lubrication oils, where available, in lieu of the virgin equivalent oils. Prior to the use of any re-refined lubrication oils, the motorcycle manufacturer may opt to approve the re-refined lubrication oils as an equivalent option for use in lieu of the virgin oils. Any re-refined lubrication oils used will meet all API and SAE standards and specifications. The use of the re-refined oils, if approved by the motorcycle manufacturer, shall in no way void or degrade the manufacturer’s warranty. The request and approval shall be in writing.

RECYCLED CONTENT

There is no recycled content associated with this contract.

SB/DVBE PARTICIPATION

There is no Small Business (SB) or Disabled Veteran Business Enterprise (DVBE) participation for this contract.

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.

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.

GENERATIVE ARTIFICIAL INTELLIGENCE 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 Attachment B – Bid Specification Number 2330-6086, dated 9/18/2022 image1.jpeg