User_Instructions_1-25-68-01B.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) 1-25-68-01B Contract User Instructions

Page 12 10/27/2025 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:

Harris Industrial Gases 8475 Auburn Blvd.

Citrus Heights, CA 95610

Fax/Email:

Fax: N/A Email:

Orders@harrisgas.com

Contact Information:

Harris Industrial Gases Jonathan Sanchez Phone: (916) 725-2168 Email: Orders@harrisgas.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

10/27/2025

All other terms and conditions remain the same.

TABLE OF CONTENTS

SCOPE

The State’s contract with Harris Industrial Gases (Contractor) provides Gases (Medical, Industrial, Specialty, BAR, CARB) at contracted pricing to the State of California and local governmental agencies in accordance with the requirements of Contract # 1-25-68-01B. 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 Gases 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.

All gases supplied under this contract must be newly produced, and of the highest quality. Gases that are recycled, reprocessed, expired, or fail to meet the specified standards will not be accepted.

The Bureau of Automotive Repair (BAR) and the California Air Resources Board (CARB) additionally have unique and detailed gas specification requirements that must be adhered to in order to meet the regulatory and operational needs of these agencies.

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) and (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 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 are categorized under two (2) main categories:

Core Line Items:

Core contract line items are defined as high-use Gases (Medical, Industrial, Specialty, BAR, CARB) commonly purchased by the State, based on recent historical data.

All available core line items and associated prices are listed on Attachment A – Contract Pricing for the following:

· Area 3 – (Groups 1 & 2)

· CARB Area 3 – (Group 10)

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

Non-Core Line Items:

Non-core items are defined as all Gases, within scope of the contract, available from the Contractor. Non-core items shall be limited to items within the areas and groups available under this contract. Contractors are not allowed to offer gas types that are outside of the awarded group type. These non-core items are items that are not included as part of the core line items identified in Attachment A – Contract Pricing. Items outside of the scope of this contract shall not be allowed.

The Contractor’s discount off list price quoted on Attachment A – Contract Pricing, Non-Core Items will be applicable to all non-core items purchased by ordering agencies from the Contractor.

Groups defined:

Statewide Areas 1-7:

· Group 1 – Medical Gases

· Group 2 – Industrial Gases CARB Specific Areas 3 & 5:

· Group 10 – CARB Liquid Gases

State of California Areas defined:

The table below shows the awarded areas for Contract 1-25-68-01B. Gas deliveries shall be made within the boundaries of the awarded area. The areas are defined by counties as follows:

SPECIFICATIONS

A. General Specification Requirements for all Gases

· Certificate of Analysis:

The Contractor shall provide, at no cost to the State, a “Certificate of Analysis” (COA) and/or a batch analysis for all specialty gases at time of delivery. A COA shall be provided for all other gases, at time of delivery, if requested by the State. Any delivery without a COA and/or batch analysis may be deemed unacceptable and non-compliant to the terms of the contract and may be returned at the Contractor’s expense.

· Cylinder Fittings:

All cylinder fittings shall be in accordance with the Compressed Gas Association (CGA) standards. In the event of any modifications by the CGA to these standards, the State shall be notified, in writing, 30 days prior to the delivery of any modified cylinders to allow time to obtain new cylinder regulators.

Gas quantity shall be measured at Standard Temperature and Pressure (STP).

B. Areas 1-7 Gas Specifications The minimum purity of any gas offered must be equal to, or greater than, the stated purity on the contract price sheets. The gases shall be commercial grade, unless otherwise noted.

The actual quantity of product delivered in the cylinders/dewars shall be within (+/-) 5 percent of the quantity listed in Attachment 1 – Contract Pricing (Areas 1-7) tabs.

All items identified as for “medical use” shall be medical grade gases and must be manufactured at an FDA registered facility. All medical gases must meet United States Pharmacopeia (USP) and National Fire Prevention Association (NFPA) regulations.

C. CARB Gas Specifications The minimum purity of any gas offered must be equal to, or greater than, the stated purity on Attachment 1 – Contract Pricing (CARB Area 3) & (CARB Area 5) tabs. The gases shall meet the grade and standards identified in the “Commodity Description” section of the contract pricing sheet, as well as additional CARB specifications requirements listed as Attachment 5 (6830- BS-0215676-2 Gravimetric Analysis Requirements and Blend Tolerance Table) and Attachment 5A (6830-BS-0215676-3 CARB Liquid Nitrogen Specification).

The actual quantity of product delivered in the cylinders/dewars shall be within (+/-) 5 percent of the quantity listed in Attachment 1 – Contract Pricing, (CARB Area 3) & (CARB Area 5) tabs.

QUALITY CONTROL AND ASSURANCE

A. Areas 1-7 Products not meeting all specified requirements will be deemed non-compliant and will be returned at the Contractor’s expense. Contractor shall replace all rejected non-compliant products with fully compliant new stock, at no cost to the State, within five (5) working days of notice of non-compliance.

B. CARB

If quality problems are suspected, a technical representative shall be available within 48 hours of notification. In addition, the ordering agency may request an analysis by an independent laboratory, all at no additional cost to the State. Any damages due to non-compliant gases i.e., contamination from improper gas formulations, mislabeled or defective cylinders, shall be the responsibility of the Contractor.

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 (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 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 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 website (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 are allowed. Ordering agencies issuing blanket purchase orders must adhere to the following guidelines:

a) The order does not cross into Fiscal Years.

b) The order is only used for items on the contract.

c) The order does not exceed the contract period.

d) All orders placed against the blanket purchase order must be in writing.

e) When funds are exhausted a new order is issued.

f) The order is issued only to one (1) contract supplier.

All orders placed against the blanket purchase order (BPO) shall be invoiced at the current contract price at the time the individual order is placed. BPOs should not include a contract unit price; however, if the BPO specifies a contract unit price, an amendment to the BPO is required.

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) cylinder/dewar of any size, type, or weight. Departments shall order by cylinder/dewar. Bulk deliveries shall be specified.

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:

Harris Industrial Gases 8475 Auburn Blvd.

Citrus Heights, CA 95610

Facsimile:

(916) 725-2117 Email:

Orders@harrisgas.commailto:

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 ACKNOWLEDGEMENT

The Contractor will provide ordering agencies 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)

· Ordering Agency Name

· Agency Order Number (purchase order number)

· Contract Line-Item Number (CLIN)

· Purchase order total Cost

· Anticipated Delivery Date

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 five (5) calendar days after receipt of an order (ARO), and BAR & CARB Specialty gases 30 calendar days (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 facility for their specific delivery hours before delivery occurs.

The Contractor must notify the ordering agency within 12 hours of scheduled delivery time, if delivery cannot be made within the time frame specified on the Order Confirmation.

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.

Emergency Delivery/Services: Contractor must have Emergency Delivery/Services available on a twenty-four (24) hour basis. Emergency deliveries shall be FOB Destination and must be delivered within twenty-four (24) hours after notification. Deliveries requested outside the regular working hours (after 5pm, PST) or Saturdays, Sundays, and State holidays shall be considered an emergency 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.

The California Department of Correction and Rehabilitation has special provisions that must be agreed to for clearance. See Attachment 2 – CDCR Special Provisions.

Cylinder/Dewar Pickup The Contractor will be required to remove empty Contractor-owned cylinders from the department’s site within five (5) working days after notification or when a scheduled delivery of full cylinders has been placed (whichever comes first). The pickup service for cylinders/dewars shall be provided at no additional cost to the State, F.O.B agency location. At the end of the resultant contract, cylinders in the departments’ possession at the time of contract expiration will be picked up by the Contractor when empty, not when contract expires.

It shall be the responsibility of the Contractor to provide the following pickup/delivery documentation available to share with ordering agencies:

It shall be the Contractor’s responsibility to substantiate any claims for unreturned cylinders, dewars, or unpaid rental charges by providing documentation. Any pickup/delivery documentation not reflecting both the Contractor and agency personnel’s signature may not be used to substantiate any unreturned cylinders/dewars or unpaid rental charges.

Alternate Cylinder Sizes If the Contractor cannot provide the cylinder size on a contract line item, an acceptable alternate cylinder size must be provided. The alternate cylinder size shall be priced at the same price for that contract line item. No additional fees, delivery, rental charges, etc. shall apply. The alternate cylinder size must be provided within 48 hours of department order placement and must be acceptable to the ordering department.

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.

SHIPPING AND PACKAGING

All shipments shall be in accordance with Non-IT General Provisions, (rev 2/20/2025), Section 15.10 entitled “Packing and Shipment”.

PACKING SLIP

Packing slip requirements shall be in accordance with Non-IT General Provisions, (rev 2/20/2025), Section 15.10 entitled “Packing and Shipment”.

CYLINDER LABEL AND PACKAGING

All cylinders/tanks shall be affixed with a label identifying supplier’s name, logo, and address to ensure the correct cylinders/tanks are returned to the Contractor. Each cylinder/tank must list contents and grade. A QR Code embedded with this information is preferred if possible. Labels must be affixed to each cylinder/tank (string or wire-attached tags will not be acceptable). All cylinders/tanks shall be marked, labeled, and shipped in accordance with the nationally recognized standards and in accordance with all parts of the Code of Regulations – D.O.T. Hazardous Materials Regulations 49 CFR, Parts 171-185, (12/2024) and NFPA Pamphlet 58, Standard for the Storage and Handling of Liquified Petroleum Gases (2024), or most current versions.

All shipments must comply with Non-IT General Provisions, (rev 2/20/2025), 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 2/20/2025), 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. Notice may be made by phone or email. Failure to submit requested information may be considered a breach of contract and subject the Contractor to Non-IT General Provisions, (rev 2/20/2025), 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: Jamie Boes 707 Third Street, 2nd Floor, MS 201 West Sacramento, CA 95605 Harris Industrial Gas Attn: Jeremy Lawson 8475 Auburn Blvd.

Citrus Heights, CA 95610

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 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 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 13, 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 27, 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

Warranty requirements shall be in accordance with Non-IT General Provisions, (rev 2/20/2025), Section 5 entitled “Warranties & Representation.”

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

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

SB Participation: The Contractor (Harris Industrial Gases) is a California certified SB. For each order placed through this contract, State departments can claim 100 percent SB participation.

DVBE Participation: There is no Disabled Veteran Business Enterprise (DVBE) participation for this contract.

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)

· 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.

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 1A – Loss of Use Pricing Worksheet Attachment 2 – CDCR Special Provisions Attachment 3 – CARB Gravimetric Analysis Requirements Attachment 3A – CARB Liquid Nitrogen Specification image1.jpeg