User_Instructions_1-25-42-09B_.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) 1-25-42-09B Contract User Instructions

Page 12 10/28/2025 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

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 2/20/2025)

Cal eProcure link: www.caleprocure.ca.gov

ORDER PLACEMENT INFORMATION

Mailing Address:

Linegear, Inc.

23121 Antonio Pkwy #125 Rancho Santa Margarita, CA 92688 Fax:

Fax: (949) 709-8908 Contact Information:

Linegear, Inc.

Long Jogn Nguyen Phone: (949) 709-8808 Email: longjohn@linegear.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

10/28/2025

All other terms and conditions remain the same.

TABLE OF CONTENTS

SCOPE

The State’s contract with Linegear, Inc. (Contractor) provides Wildland PPE at contracted pricing to the California Department of Forestry and Fire Protection (CAL FIRE) in accordance with the requirements of Contract # 1-25-42-09B. 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 Wildland PPE to CAL FIRE.

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

CAL FIRE

· The use of this contract is mandatory for CAL FIRE and it is not available for use by other State departments.

· CAL FIRE 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, CAL FIRE 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.

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

Ranked Contract Rules

· CAL FIRE must order from the Rank 1 (Primary) Contractor.

· CAL FIRE shall not submit orders for Rank 2 (Secondary) Contractor unless the conditions of Article 14, Contractor Ranking Order, have been met.

· CAL FIRE must follow the Contractor Ranking Order identified in Article 2, Contract Usage/Rules and Article 14, Contractor Ranking Order.

The Contractor Ranking Order is:

CLIN 1 - Wildland Dual-Compliant Pant (Tactical)

CLIN 2 - Wildland Dual-Compliant Pant (Work/Uniform Pant)

CLIN 3 - Wildland Jacket

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

DGS ADMINISTRATIVE FEES

1. CAL FIRE

The DGS will bill CAL FIRE 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).

SB/DVBE OFF-RAMP PROVISION

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

PROBLEM RESOLUTION/SUPPLIER PERFORMANCE

CAL FIRE 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. CAL FIRE 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 –Specification 4210-TS-0235559.

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

Bidder’s proposed 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 products that either meets or exceeds the minimum requirements. Product substitution shall be in accordance with the Non-IT General Provisions, (rev 02/20/2025), Section 4.1 entitled “Substitutions”. The Contractor shall not substitute products without written approval from the State Contract Administrator.

PRICE MODIFICATION

All prices shall be firm fixed for the contract term, including any optional year extensions, unless a price adjustment is granted by DGS-PD. Price adjustment may occur once every twelve (12) months. More frequent price adjustments may occur under special circumstances. Price adjustments will be reflected in a supplement to the User Instructions. Retroactive price adjustments will not be allowed.

PROMOTIONAL PRICING

The Contractor shall immediately notify the State Contract Administrator of all manufacturer’s price declines and CAL FIRE 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:

· CAL FIRE Order Number (Purchase Order Number)

· CAL FIRE ordering location

· CAL FIRE Billing Code

· CAL FIRE 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

The minimum order shall be one (1) garment.

ContractOR Ranking Order The Contractors are ranked by order of lowest price. CAL FIRE must order from the Rank 1 (Primary) Contractor. CAL FIRE may only order from the Rank 2 (Secondary) Contractor for the following reasons:

· Upon receipt of order, the Rank 1 Contractor informs CAL FIRE they are backlogged and cannot meet the order delivery schedule for an entire order or in part.

· The Rank 1 Contractor is in arrears on existing orders past 30 days after receipt of order (ARO) or on any single emergency incident-based order past five (5) days ARO.

The Contractor Ranking Order is:

CLIN 1 - Wildland Dual-Compliant Pant (Tactical)

CLIN 2 - Wildland Dual-Compliant Pant (Work/Uniform Pant)

CLIN 3 - Wildland Jacket

If the Rank 1 Contractor cannot meet the specified delivery time frame or is in arrears, CAL FIRE may move to the Rank 2 Contractor to fulfill the order.

ORDERING PROCEDURE

CAL FIRE shall 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:

Linegear, Inc.

23121 Antonio Pkwy #125 Rancho Santa Margarita, CA 92688 Facsimile:

(949) 709-8908 Email:

longjohn@linegear.com

ORDER ACCEPTANCE

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

ORDER ACKNOWLEDGEMENT

The Contractor will provide CAL FIRE with an email or facsimile order receipt acknowledgement within two (2) business days of receipt of purchase document. The Order Acknowledgement shall include the following information:

· Contractor’s Order Number (if applicable)

· CAL FIRE ordering location

· Agency order number (purchase order number)

· Description of Goods

· Purchase order total cost

· Anticipated delivery date

· Identification of any Out of Stock/Discount 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, receiving docks and emergency incident-based locations.

Schedule Delivery of ordered product shall be completed in full within thirty (30) calendar days after receipt of an order (ARO), unless otherwise agreed to by CAL FIRE. Since receiving hours for CAL FIRE will vary by facility, it will be the Contractor’s responsibility to check with each CAL FIRE facility for their specific delivery hours before delivery occurs.

The Contractor must notify CAL FIRE within 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 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 INCIDENT-BASED DELIVERIES

In the case of emergency, where CAL FIRE staff must deploy to a specific fire incident, the Contractor will be notified, and deliveries shall be made within five (5) working days following the request. This includes weekends, holidays, and after normal working hours. These deliveries may be made to a warehouse and/or a basecamp throughout the State and is dependent on the CAL FIRE incident.

An emergency incident-based delivery fee may be charged and shall not exceed $250.00 per delivery. The emergency incident-based delivery invoice must accompany the PPE invoice for payment of the emergency delivery fee.

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

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

PALLETS

Unless otherwise specified on CAL FIRE’s purchase order document, standard commercially available pallet sizes should be used. All pallets shall be of sturdy construction and adequate condition to assure delivery of the goods without damage to the goods or safety hazards.

Exchange pallets may be available; however, the State assumes no responsibility for the availability to exchange pallets. Delivery drivers shall not remove more pallets from the location than delivering at time of delivery.

SHIPPING, AND PACKAGING

All shipments shall be in accordance with Non-IT General Provisions (rev 02/20/2025), Section 15.10, entitled “Packing and Shipment”.

PACKING SLIP

Packing slip requirements shall be in accordance with the Non-IT General Provisions (rev 02/20/2025), Section 15.10 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 Article.

INSPECTION AND ACCEPTANCE

Inspection and acceptance shall be in accordance with the Non-IT General Provisions, (rev 02/20/2025), Section 4 entitled “Inspection, Acceptance and Rejection.”

RANDOM SAMPLE COMPLIANCE REVIEW

The State has the option of randomly sampling offered products after award from any order to ensure compliance to contract requirements. Any products failing random sample review will be replaced by the Contractor free of charge and re-evaluated by the State. The State has the option of removing listed line items that fail random sample compliance review. Failure to submit requested information may be considered a breach of contract and subject the Contractor to Non-IT General Provisions, (rev 02/20/2025), Section 11.3 entitled “Termination for Default”.

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: Michaelene Kyler 707 Third Street, 2nd Floor, MS 201

West Sacramento, CA 95605 Linegear, Inc.

Attn: Long Jogn Nguyen 23121 Antonio Pkwy #125 Rancho Santa Margarita, CA 92688

INVOICING

Invoices shall be submitted to CAL FIRE within seven (7) calendar days from date of delivery. 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 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 CAL FIRE 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.

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 28, 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. CAL FIRE 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

Warranty requirements shall be in accordance the Non-IT General Provisions, (rev 02/20/2025), Section 5 entitled “Warranties & Representations”.

RECYCLED CONTENT

There is no recycled content associated with this contract.

SB/DVBE PARTICIPATION

The Small Business (SB) and Disabled Veteran Business Enterprise (DVBE) certifications and percentages for the Contractor and subcontractor(s) are listed below. State departments can verify that the certifications are currently valid at the following website: www.caleprocure.ca.gov.

Percent (%)

DVBE

Percent (%)

The Contractor will meet the contract SB participation percentages as follows:

SB Participation: The Contractor (prime) is a California certified SB. For each order placed through this contract, CAL FIRE can claim one hundred (100%) percent SB participation.

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 CAL FIRE 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)

· Darfur Contracting Act Form

· California Civil Rights Certification Form

· Iran Contracting Act Certification

· Russian Sanctions Agreement

· Federal Debarment CAL FIRE should make a notation of this within their procurement file.

Any irregularities or concerns regarding prime or SB/DVBE sub-contractor responsibilities are to be immediately documented and reported to the State Contract Administrator for further investigation. Information provided to the State Contract Administrator includes, but is not limited to:

· Copy of executed purchase document

· Value-added service description

· Work performance issue or concern

· State department contact name, email, and phone number.

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 1 – Contract Pricing Attachment 2 – Specification 4210-TS-0235559 image1.jpeg