User_Instructions_1-25-35-10B_Supplement_3_.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) 1-25-35-10B Contract User Instructions, *Supplement 3*

Page 12 *4/21/2025* 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 3* *Incorporates Supplements 1-3*

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:

L.N. Curtis 185 Lennon Lane Suite 110 Walnut Creek, CA 94598 Fax/Email:

Fax:

(510) 839-5325 Email:

oaksales@lncurtis.com Contact Information:

L.N. Curtis Angela Mackey Phone:

(206) 305-4057 Email:

AMackey@LNCurtis.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

· Article 38: Generative Artificial Intelligence (GenAI) Procurement Procedures language has been added.* *4/21/25*

· Front page: State Contract Administrator has been updated from Ike Ogamba to Jason Vu. Order Placement Contact Information has been updated from Nathan Belcher to Angela Mackey.

· Article 9: Customer Service information has been updated from Nathan Belcher to Angela Mackey.

· Article 14: Order Placement information has been updated from Nathan Belcher to Angela Mackey.

· Article 27: State Contract Administrator has been updated from Ike Ogamba to Jason Vu. L.N. Curtis Adminstrator has been updated from Nathan Belcher to Angela Mackey.

3/24/25

· Order Placement Information: Email contact information has been updated

· Article 9: Customer Service information has been updated

· Article 14: Order Placement information has been updated

1/27/2025

1/14/2025

All other terms and conditions remain the same.

TABLE OF CONTENTS

SCOPE

The State’s contract with L.N. Curtis (Contractor) provides Extractors at contracted pricing to the State of California and local governmental agencies in accordance with the requirements of Contract #1-25-35-10B. 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 Extractors to the State.

The contract term is for two years with an option to extend the contract for three additional one 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 will expire at the end of the current contract term.

CONTRACT USAGE/RULES

State Departments

· The use of this contract is mandatory for California Department of Forestry and Fire Protection (CAL FIRE) and available for use by 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.

SB/DVBE OFF-RAMP PROVISION

The Extractors Statewide Contract 1-25-35-10B is mandatory for use by CAL FIRE except when the “SB/DVBE Off-Ramp” provision is utilized. The SB/DVBE Off-Ramp provision allows a State department to, at its option, purchase contract items from a certified Small Business (SB), including a “microbusiness” (MB), or a Disabled Veteran Business Enterprise (DVBE) in accordance with the rules outlined within this document.

The rules outlined herein are exclusive to the Extractor Statewide Contract 1-25-35-10B and do not affect any other contract. Departments may not use the SB/DVBE Off-ramp provision to buy outside of the mandatory statewide contract if the rules cannot be applied. In these situations, the purchase must be made through the mandatory statewide contract.

1. SB/DVBE Off-ramp Provision Usage Rules In order to utilize the SB/DVBE Off-ramp provision, departments must comply with the following usage rules:

· For purchases between $0 and under $5,000, departments must obtain at least one (1) phone quote or written quote from a Certified SB/DVBE.

· For purchases between $5,000 and under $250,000, departments must obtain at least two (2) price quotations. Refer to SCM Volume 2, Chap.1405.3. Quotes must be obtained from suppliers of the same certification type (SB or DVBE).

1) The same brand and model as the products available from the statewide contract including product description, functional requirements, and manufacturer warranties as provided in the statewide contract; and

2) Within 5 percent of the pricing offered from the statewide contract for the equivalent products based on the total order value before taxes.

FI$CAL Purchase Orders Select the appropriate acquisition method (Fair and Reasonable or SB or DVBE Option – COMPETITIVE). Do not select a LPA Contract ID. In the PO Reference field, enter “OFF RAMP” and the LPA contract number the Fair and Reasonable or SB/DVBE Option is replacing.

STD. 65 Purchasing Authority Purchase Orders On the STD. 65, enter “OFF RAMP” in the box titled “Leveraged Procurement Agreement No.” as shown in the example below.

Off Ramp Documentation

· Copy of Statewide Contract User Instructions in support of executing a SB/DVBE purchase outside of the mandatory contact.

· Statewide contract pricing sheet, highlighting the equivalent products being purchased and used for evaluation.

· SB or DVBE price quotes obtained.

· SB or DVBE certification verification.

· Authorized Reseller Letter (if applicable)

Refer to SCM Volume 2 for additional documentation requirements.

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

Contract items and pricing are listed on Attachment A – Contract Pricing. Each Extractor has two line items which are differentiated by delivery to the Northern California area or Southern California area. Northern California and Southern California areas are defined by the following counties:

Northern California Area Counties:

Alameda, Alpine, Amador, Butte, Colusa, Contra Costa, Del Norte, El Dorado, Glenn, Humboldt, Lake, Lassen, Marin, Mendocino, Modoc, Napa, Nevada, Placer, Plumas, Sacramento, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Sutter, Tehama, Trinity, Yolo, and Yuba.

Southern California Area Counties:

Calaveras, Fresno, Imperial, Inyo, Kern, Kings, Los Angeles, Madera, Mariposa, Merced, Mono, Monterey, Orange, Riverside, San Benito, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, Stanislaus, Tulare, Tuolumne, and Ventura.

SPECIFICATIONS

All products listed on Attachment A - Contract Pricing, conform to Attachment B -Specification 3510-CS-0189764.

CUSTOMER SERVICE

The Contractor will have a customer service unit that supports this contract. The customer service unit shall provide office and personnel resources for responding to inquiries, including telephone and email coverage weekdays during the hours of 8:00 AM through 5:00 PM (PT).

PRODUCT SUBSTITUTIONS

Products must be available for the entire contract term. If, during the contract term, specific contract line items are no longer available, or no longer meet the most current applicable National Fire Protection Association (NFPA) standards, Contractor may propose substitute product that either meets or exceeds the minimum requirements. The State Contract Administrator will review the substitute product and determine acceptability.

Once the substitute product or configuration has been approved, the State Contract Administrator will provide written approval to the Contractor and reflect the changes through a supplement to the Contract User Instructions.

The Contractor will maintain all contract discounts throughout the original term of the contract and any extension, including upon approved substitution.

In the event of an update to the applicable NFPA Standards, the State may alter the specifications to reflect the new standards.

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.

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

There is no minimum order for this contract.

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:

L.N. Curtis 185 Lennon Lane Suite 110 Walnut Creek, CA 94598 Facsimile:

510-839-5325 Email:

AMackey@LNCurtis.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

· 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 ACKNOWLEDGEMENT

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

· Contractor’s Order Number

· Ordering Agency Name

· Agency Order Number (Purchase Order Number)

· Description of Goods

· Purchase Order total cost

· Anticipated delivery date

· Identification of any Out of Stock/Discontinued Items

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 10, 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 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 and receiving docks.

Schedule Delivery of ordered product shall be completed in full within sixty calendar days after receipt of an order (ARO). 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 twelve 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.

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.

SHIPPED ORDERS

All shipments must comply with the Non-IT General Provisions (rev 6/21/2022), Article 12 entitled “Packing and Shipment.”

PACKING SLIP

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

PACKING LABEL

A packing label will also be included with each order shipped and include the following items, visible on the outside of the box:

· Ordering agency name

· Delivery address, unit, and/or floor

· Department and floor

· Ordering agency contact name

· Ordering agency telephone number

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.

INSTALLATION

The ordering agency shall ensure all public works related tasks have been completed prior to the Contractor installing the Extractors. The ordering agency and Contractor will mutually collaborate to identify all requirements (e.g., power, plumbing, venting, foundation, etc.) for installation at the specific field location.

Public works are NOT part of this contract.

Ordering agencies may purchase installation at the time of delivery, or at a later date agreed upon by the ordering agency and the Contractor, at the cost per unit in Attachment A – Contract Pricing. If ordering agency schedules installation at a later date, the Contractor may require a trip charge fee at the cost in Attachment A – Contract Pricing.

The Contractor shall set/secure Extractor units in place, render said units operational (attaching hoses, drains, utilities, vents, etc. as applicable for the units), and remove all dunnage. At the time of installation, the Contractor shall ensure that the delivered product meets all required specifications as stated in Attachment B – Specification 3510-CS-0189764. Additionally, the Contractor shall conduct all initial onsite tests required to render the units usable.

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.”

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: Jason Vu 707 Third Street, 2nd Floor, MS 201 West Sacramento, CA 95605 L.N. Curtis Attn: Angela Mackey 185 Lennon Lane Suite 110 Walnut Creek, CA 94598

RETURN POLICY

Contractor shall accept returns prior to acceptance by ordering agency. A full credit/refund shall be offered for the following reasons:

Additionally, a full credit/refund shall be provided for products that do not substantially conform with the contract’s specification requirements regardless of time of notification.

Contractor may charge a restocking fee for returns that do not meet the reasons above. Restocking fees can be no greater than 10 percent of the value of the items needing re-stocking. In all cases, the ordering agency shall have the option of taking an exchange, receiving a credit, or receiving a refund.

All products returned should be in the packaging as delivered and include all documentation. Lost or damaged packaging materials and/or documentation shall be supplied by the Contractor. The Contractor shall not charge for these materials in excess of the Contractor’s cost or the restocking fee, whichever is lower. The Contractor shall provide the State Contract Administrator and/or ordering department a copy of the Contractor’s material cost, if requested, within ten (10) days of request.

All returns shall be picked up within seven (7) working days of notification. Notification is defined as notice in writing, by facsimile or email. Shipping or freight costs for returned items that were shipped in error, defective or freight-damaged shall be paid by the Contractor.

The Contractor will be responsible for the credit/refund or replacement of all products, including those covered by warranties as stated in Section 34, Warranty. Contractor shall not require the ordering agency to deal directly with the manufacturer.

INVOICING

Invoices shall be submitted to the ordering agency within seven (7) calendar days from date of delivery or installation (as defined by Article 25, Installation), if applicable. The Contractor’s invoice must include, at a minimum:

· 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.

CAL-Card Use State departments may use the CAL-Card for the payment of invoices. Use of the CAL-Card requires the execution of a Purchasing Authority Purchase Order (Std. 65) in accordance with Article 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 2. This includes but is not limited to the application of all sales and use tax laws, rules and policies as applicable to the purchase.

State Financial Marketplace State departments reserve the right to select the form of payment for all procurements, be it either an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS $Mart and/or Lease $Mart). If payment is via the financial marketplace, the Contractor will invoice the State department and the State department will approve the invoice and the selected Lender/Lessor for all product listed on the State's procurement document will pay the Contractor on behalf of the State.

Payee Data Record Each State department’s accounting office must have a copy of the Contractor’s Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting offices. Without the Std. 204, payment may be unnecessarily delayed. The Std. 204 can be found in FI$CAL or may be requested from the Contractor.

CAL-CARD INVOICING

All CAL-Card invoices are to be processed separately from other payment methods and include the elements identified in Article 29, 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.

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

The Contractor must honor all manufacturers’ warranties and guarantees as well as any additional warranties provided by the Contractor from the date of acceptance (see Article 26, Inspection and Acceptance) for a minimum period of one year. The Contractor shall bear all material, labor, and shipping costs for repair of parts/components defects and failure occurring during the warranty period. The Contractor shall be the main point of contact for all warranty issues and shall facilitate any necessary contact between the ordering agency and the manufacturer. A copy of the manufacturer’s warranty shall be provided at time of delivery.

During the warranty period, the Contractor must:

· Honor all manufacturers’ warranties and guarantees on all products offered through the contract.

· Continue to provide warranty service after contract termination until expiration of warranties for products that have been sold under the contract.

· Provide all labor, parts, and travel necessary to keep the products in good operating condition and preserve its operating efficiency in accordance with its technical specifications.

· Provide free freight for the duration of the warranty of any warrantied items to and from the ordering agency’s location.

· Respond to warranty requests within one business day of report of a failure from ordering agency and shall dispatch a factory representative to address any workmanship-related issues within five business days or as negotiated between ordering agency and contractor.

PRODUCT RECALL

The Contractor shall provide product recall notification, regardless of level, in writing to the State Contract Administrator and each ordering agency 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. Each ordering agency shall have the option of accepting either replacement product or credit in exchange for recalled/removed products.

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:

· GenAI Disclosure & Factsheet (STD 1000)

· 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 (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 Attachment B – Specification 3510-CS-0189764 image2.png image1.jpeg