Swift_Boat_Statewide_User_Instructions_Supplemen-2.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 01-25-19-01 Contract User Instructions, *Supplement 2*

Page 12 *6/25/2025*

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 2*

Boats, and Outboard Motors

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:

DLX Enterprises, LLC 1075 Arrowsmith St Eugene, OR 97402 Fax/Email:

Fax: (541) 972-8784 Email:

craigsmith@deployedlogix.com Contact Information:

DLX Enterprises Craig Smith Phone: (336) 451-4467 Email:

Craigsmith@deployedlogix.com

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

SUMMARY OF CHANGES

· Add Attachment 5, DLX Cases Catalog *6/25/2025*

· CLIN 2 item description updated to include transom scupper, speed tubes, and 15-inch tires

· CLIN 2 Manufacturer Part Number changed from “INMAR 430-PT-HYP” to “INMAR 430-MIL -HYP”

· CLIN 4 and 5 added for Decking and Nameplate purchase options*

· Add Attachments 3 and 4, DLX TR Catalog and DLX WR Catalog, respectively

6/2/2025

03/25/25

All other terms and conditions remain the same.

TABLE OF CONTENTS

SCOPE

The State’s contract with DLX Enterprises, LLC (Contractor) provides Swift Water and Rescue Trailers, Boats, and Outboard Motors at contracted pricing to the State of California and local governmental agencies in accordance with the requirements of Contract # 1-25-19-01. 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 Swift Water and Rescue Trailers, Boats, and Outboard Motors to the State.

The contract term is for three years with an option to extend the contract for two additional one-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 CalOES, and available for use by all State of California departments and participating local agencies.

· 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 section.

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.

SB/DVBE OFF-RAMP PROVISION

There is no SB/DVBE off ramp 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

Contract items and pricing are listed on Attachment 1 – Contract Pricing.

SPECIFICATIONS

All products listed on Attachment 1, Contract Pricing, conform to Attachment 2, Bid Specification Number 1940-BS-0206527, dated September 27, 2024.

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 must be available for the entire contract term. If, during the contract term, specific contract line items are no longer available, Contractor may propose substitute product that either meets or exceeds the minimum requirements. Product substitution shall be in accordance with the General Provisions (rev 06/21/2022), Section 16 entitled “Substitutions”. The Contractor shall not substitute products without written approval from the State Contract Administrator.

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.

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.

MINIMUM ORDER

There is no minimum order for this contract.

ORDERING PROCEDURE

Ordering agencies are to submit appropriate purchase documents directly to the Contractor via one (1) 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:

DLX Enterprises, LLC Craig Smith 1075 Arrowsmith Street Eugene, OR 97402 Facsimile:

(541) 972-8784 Email:

craigsmith@depolyedlogix.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 governmental agency. 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 The Contractor must not refuse to accept orders from any State department or local governmental agency for any other reason without written authorization from the State Contract Administrator.

ORDER ACKNOWLEDGEMENT

The Contractor will provide ordering agencies with an order receipt acknowledgement within two working days of receipt of purchase document. The Order Acknowledgement shall include the following information:

· Contractor’s Order Number (if applicable)

· 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

DELIVERY SCHEDULES

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

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

Schedule Delivery of ordered product shall be completed in full within 180 calendar days after receipt of an order (ARO), unless otherwise agreed to by CalOES. 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 24 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.

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

Security procedures may vary from facility to facility. The 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.

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

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

Packaging, Packing and MarkinG All shipments shall be in accordance with Non-IT General Provisions (rev 6/21/2022), Section 12, entitled “Packing and Shipment”.

PACKING SLIP

A packing slip will be included with each shipment, which will include at least the following information in no particular order:

· Agency order number (purchase order number)

· Ordering agency name

· Line-item description

· Quantity ordered

· Quantity included in shipment

· Any back ordered or out of stock items and availability date of unfilled and partial shipment

· Number of parcels

· Destination

· All information contained on the packing label

SAFETY DATA SHEET

The Contractor shall provide a Safety Data Sheet for product(s) subject to Title 8 of the California Code of Regulations (CCR), Section 5194, Hazard Communication. The Safety Data Sheet is to be prepared and delivered in accordance with this Article.

INSPECTION AND ACCEPTANCE

Inspection and acceptance shall be in accordance with the Non-IT General Provisions (rev 6/21/2022), Article 17 entitled “Inspection, Acceptance and Rejection.”

The inspection to verify acceptability will take place at its delivery destination shown on the Purchase Order. The Contractor is responsible to remedy any issue found. Unit(s) delivered to the delivery location will be accepted only when all Purchase Order requirements have been met, shipping damages have been corrected, and required documents are received by the State.

CONTRACT ADMINISTRATION

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

Attn: Rosalio Altamirano 707 Third Street, 2nd Floor, West Sacramento, CA 95605 DLX Enterprises, LLC Attn: Craig Smith 1075 Arrowsmith Street Eugene, OR 97402

INVOICING Requirments Invoices shall be submitted to the ordering agency within seven calendar days from date of delivery. The Contractor’s invoice must include, at a minimum:

· Contractor’s name, address, and telephone number

· Contract Number

· Purchase Order Number

· Line-Item Number

· Quantity purchased

· Contract Unit Price and Extension

· State sales and/or use tax

· Prompt payment discounts/cash discounts, if applicable

· Totals for each order

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

PAYMENT

1. Terms Payment terms for this contract are net 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 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. The Std. 204 can be found in FI$CAL or may be requested from the Contractor.

CALIFORNIA SELLER’S PERMIT

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

WARRANTY

All products offered must conform to the warranty language identified in the Non-IT General Provisions (rev 6/21/2022), Article 19 entitled “Warranty”.

Equipment shall be free from defects in materials and workmanship. The swift water and rescue trailers, boats and outboard motors, shall be covered by warranty for a minimum of five years following the date the ordering agency puts the unit into service. Supplier shall bear all material, labor and transportation costs for repair of defects and failures occurring within the warranty period.

The Contractor shall be solely responsible to replace items determined to be damaged, defective and/or not accepted by ordering agency during the warranty period. The Contractor shall ship the commodities in a manner that retains all applicable warranties of all materials and all workmanship during the warranty period. The Contractor, prior to or at the time of delivery, shall provide to ordering agency written instructions regarding the manner in which items provided by the Contractor should be stored, shipped, and used to retain (not violate) all applicable materials and workmanship warranties during the warranty period.

The Contractor must adhere to all manufacturer warranty specifications so as not to void the manufacturer warranty. This includes, but is not limited to, all manufacturer warranty specifications for reflective sheeting, shipping, storage, and maintenance.

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.

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

· Federal Debarment State departments should make a notation of this within their procurement file.

GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) PROCUREMENT PROCEDURES 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 1 – Contract Pricing Attachment 2 – Specification 1940-BS-0206527 09/27/2024 image1.jpeg