User_Instructions_1-21-97-37A_Supplement_8.docx

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

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION

Contract (Mandatory) 1-21-97-37A Contract User Instructions - *Supplement 8*

Page 12 *6/26/2025* 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 8* *(Incorporates Supplements 1 – 8)*

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 Cal eProcure link: www.caleprocure.ca.gov

ORDER PLACEMENT INFORMATION

Mailing Address:

Valtir LLC 15601 Dallas Parkway, Ste. 525 Addison, TX 75001 Fax/Email:

Fax: (214) 589-8423 Email: Golden.Hatfield@valtir.com

Contact Information:

Valtir LLC Golden Hatfield Phone: (888) 356-2363 Email: Golden.Hatfield@valtir.com

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

SUMMARY OF CHANGES

· Cover Page: Contract term has been extended from 8/27/2025 to 8/27/2026

· Cover Page and Section 24: Contract administrator has been updated.

*6/26/2025*

· Section 34: The entire language for GenAI has been updated.* 4/9/2025

· Added Section 34. Exemption to Gen-AI Procurement Procedures 7/29/2024

· Attachment C – Post Consumer Content Certification Workbook has been replaced.

06/06/2024

· State Contract Administrator information on page 1 of User Instructions has been updated.

· Article 24 – Contract Administrator – Contract Administrator information has been updated.

02/06/2024

· Contract has been extended for another year. New contract end date is 08/27/2025.

08/29/2023

· Contractor’s name and information on page 1 of User Instructions has been updated.

· Article 8 – Specifications – California Department of Transportation Authorized Material List (AML) has been updated.

· Article 9 – Customer Service – Contractor’s contact information has been updated.

· Article 14 – Ordering Procedure – Order Placement information has been updated.

· Article 24 – Contract Administrator – Contractor Administrator information has been updated.

· Article 28 – California Seller’s Permit – Contractor’s Seller’s Permit has been updated.

· Attachment A – Contract Pricing Worksheet has been updated reflecting contractor name change.

· Attachment B – Authorized Material List has been updated.

· Attachment C – Post Consumer Content Certification Workbook has been updated.

01/13/2023

· State Contract Administrator phone number on page 1 of User Instructions has been updated.

· Article 24 – Contract Administrator – State Contract Administrator phone number has been updated.

· Attachment A – Contract Pricing has been updated adding CLIN TR001 that was originally left off in error.

02/25/2022

8/28/2021

All other terms and conditions remain the same.

TABLE OF CONTENTS

SCOPE

The State’s contract with Valtir, LLC. provides Guardrail and End Treatment Parts at contracted pricing to the State of California Department of Transportation (Caltrans) in accordance with the requirements of Contract # 1-21-97-37A. 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 Trinity Highway Products/Valtir, LLC Guardrail and End Treatment Parts to the State.

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

CONTRACT USAGE/RULES

State Departments

· The use of this contract is mandatory for Caltrans.

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

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

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

Local Governmental Agencies This contract is not available to local governmental agencies.

DGS ADMINISTRATIVE FEES

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

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

Local Governmental Agencies This contract is not available to local governmental agencies.

SB/DVBE OFF-RAMP PROVISION

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

EXEMPT PURCHASES

There are no exempt purchases associated with this contract.

PROBLEM RESOLUTION/SUPPLIER PERFORMANCE

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

CONTRACT ITEMS

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

SPECIFICATIONS

All products listed on Attachment A, Contract Pricing, must conform to Attachment B – California Department of Transportation Authorized Material List (AML) for Highway Features, dated 9/13/2022, Supplement 2.

CUSTOMER SERVICE

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

The customer service unit shall be staffed with individuals that:

· Are trained in the requirements of this contract;

· Have the authority to take administrative action to correct problems that may occur; and

· Are designated for training and general customer service follow-up.

The Contractor’s customer service unit shall respond to all customer inquiries within one (1) business day of initial contact.

Product Substitutions The products listed on Attachment A – Contract Pricing may be available throughout the duration of the contract term. If, during the life of the contract, an equivalent product becomes available that meets the form, fit, and function of a comparable contract line item, the Contractor shall notify the State Contract Administrator in writing and propose the equivalent product. Upon the request of the State, the Contractor may be required to demonstrate comparability, including appropriate catalog material, literature, specifications, test data, etc. The State Contract Administrator will review the equivalent product and determine acceptability.

Once the equivalent product has been approved, the State Contract Administrator will provide written approval to the Contractor to update contract item information. These changes will be made in the form of a contract supplement.

The Contractor will maintain the contract discount as bid throughout the original term of the contract and any extension, including upon approved substitution.

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, effective on the date of manufacturer’s public announcement.

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

Blanket Orders The use of blanket purchase orders against this statewide contract is not allowed.

Local Governmental Agencies This contract is not available to local governmental agencies.

MINIMUM ORDER

The minimum order shall be $500.00.

ORDERING PROCEDURE

Caltrans is 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:

Valtir LLC.

525 Addison, TX 75001 Facsimile:

(214) 589-8423 Email:

golden.hatfield@valtir.com

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

ORDER ACCEPTANCE

The Contractor shall accept orders from Caltrans. 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 Caltrans for any other reason without written authorization from the State Contract Administrator.

ORDER RECEIPT CONFIRMATION

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

· Ordering agency name

· Agency order number (purchase order number)

· Purchase order total cost

· Anticipated delivery date

DISCONTINUED ITEM REMEDY

Upon receipt of an order acknowledgment identifying discontinued items, Caltrans shall have the following options:

· Amend purchase document to reflect State-approved substitute item (per Article #10, Product Substitutions/Discontinued Items)

· 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 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 fourteen (14) working days after receipt of an order (ARO) for end treatments and forty-five (45) days (ARO) for the guardrail orders. Since receiving hours for each ordering agency will vary by facility, it will be the Contractor’s responsibility to check with Caltrans for their specific delivery hours before delivery occurs. The Contractor must notify Caltrans within twelve (12) 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 institutional grounds (such as the California State Prisons) that require prior clearances to be made for delivery drivers. Since security clearance procedures for each facility may vary, it will be the Contractor’s responsibility for contacting the secure location for security clearance procedures, hours of operation for deliveries and service, dress code, and other rules of delivery.

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

All prices are F.O.B. destination; freight prepaid by the Contractor, to the Caltrans 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 Caltrans, except the responsibility for latent defects, fraud, and the warranty obligations.

SHIPPED ORDERS

All shipments shall be in accordance with the General Provisions, Article 12 entitled “Packing and Shipment”.

PACKING SLIP

Packing slip requirements shall be in accordance with the General Provisions, 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

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

CONTRACT ADMINISTRATION

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

Attn: *Shawn Dorrough* 707 Third Street, 2nd Floor, MS 201 West Sacramento, CA 95605 Valtir LLC Attn: Golden Hatfield 525 Addison, TX 75001

INVOICING

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

· Service and Supply Number (SVS)

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 Caltrans 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 #12, 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 1 and 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 Caltrans accounting office must have a copy of the Contractor’s Payee Data Record (Std. 204) in order to process payments. Caltrans should forward a copy of the Std. 204 to their accounting offices. Without the Std. 204, payment may be unnecessarily delayed. Caltrans 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 Article #25, 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. Caltrans can verify that permits are currently valid at the following website: www.cdtfa.ca.gov. Caltrans must adhere to the file documentation identified in the State Contracting Manual Volume 2.

WARRANTY

Warranty requirements shall be in accordance the General Provisions, Article 19 entitled “Warranty”.

REcall procedures The Contractor shall provide recall notification, regardless of level, in writing to the State Contract Administrator and Caltrans through the most expedient method possible. The notices, at a minimum, shall include a complete product description and/or identification, contract number, delivery order number and disposition instructions. The Contractor shall issue replacement of product or credit for any product removed or recalled. Caltrans shall have the option of accepting either replacement product or credit in exchange for recalled/removed products.

RECYCLED CONTENT

State departments are required to report purchases in many product categories. The Postconsumer-Content Certification Form for the Contractor is attached (Attachment #C).

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) The DGS-PD, as the awarding department, has assessed the Contractor and subcontractor certifications 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 a Bidder Declaration document or perform additional CUF analysis. The State department should make a notation of this within their procurement file.

GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) PROCUREMENT PROCEDURES

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

ATTACHMENTS

· Attachment A – Contract Pricing, Supplement 2

· Attachment B – California Department of Transportation Authorized Material List (AML) for Highway Features, Supplement 2

· Attachment C – Postconsumer Content Certification Workbook, *Supplement 5* image1.jpeg