User_Instructions_13-02A_Supp._11.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) 1-21-13-02A Contract User Instructions, *Supplement 11*

Page 12 *4/14/2025* 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 11* *(Incorporates Supplements 1 – 11)*

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:

San Diego Police Equipment Co. Inc.

8205 Ronson Rd. Suite A San Diego, CA 92111 Fax/Email:

Fax: (858) 974-8530 Email: CAORDERS@sandiegopoliceequipment.com Contact Information:

San Diego Police Equipment Co. Inc.

Julie Padilla

Phone:(800) 367-8989 Email: sales@sandiegopoliceequipment.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

· Section 34: Updated Language 4/14/2025*

· Front Page: Contract extended through 11/22/2026.

2/18/2025

· Attachment A - Contract Pricing: reflects a price increase.

12/26/2024

· Section 35: Updated Language

· Attachment A - Contract Pricing, Supplement 4 has been replaced with Attachment A - Contract Pricing, Supplement 8.

· Attachment F - Contract Master List, Supplement 7 has been replaced with Attachment F - Contract Master List, Supplement 8.

· Attachment G – PCRC Worksheet has been replaced with Attachment G – PCRC Worksheet, Supplement 8.

09/12/2024

· Added Section 34: Exemption To GenAI Procurement Procedures.

· Section 35: Updated language.

· Attachment B-California Highway Patrol Approved Brands List, Supplement 5 has been replaced with Attachment B-California Highway Patrol Approved Brands List, Supplement 7.

· Attachment F-Contract Master List, Supplement 5 has been replaced with Attachment F-Contract Master List, Supplement 7.

08/05/2024

· Front Page: Contract extended through 11/22/2025.

11/15/2023

· Section 34: Update language.

· Attachment B-California Highway Patrol Approved Brands List, Supplement 4 has been replaced with Attachment B-California Highway Patrol Approved Brands List, Supplement 5.

· Attachment F-Contract Master List, Supplement 4 has been replaced with Attachment F-Contract Master List, Supplement 5.

10/25/2023

· Attachment A-Contract Pricing, Supplement 4: Add new ammunition.

· Attachment B-California Highway Patrol Approved Brands List, Supplement 4: Add new ammunition.

· Attachment F-Contract Master List, Supplement 4: Add new ammunition.

6/20/2023

· Table of Contents and User Instructions: Added Section 33 “Bidder Declaration/Commercially Useful Function (CUF)/Certifications” section.

2/28/2023

· Section 24: Update contact information.

· Sections 26, 31 & 33: Update language.

· Attachment G, PCRC Workbook: added to User Instructions.

12/6/2022

· Front Page: Update language.

· Sections 7, 8, & 33: Update language.

· Attachment B- California Highway Patrol Approved Brands List, Supplement 1: Add ammunition.

· Attachment F- Contract Master List, Supplement 1: Add ammunition.

12/8/2021

All other terms and conditions remain the same.

TABLE OF CONTENTS

SCOPE

The State’s contract with San Diego Police Equipment Co. Inc. (Contractor) provides Ammunition, Factory Loaded at contracted pricing to the State of California and local governmental agencies in accordance with the requirements of Contract # 1-21-13-02A. 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 Ammunition, Factory Loaded 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 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 (https://www.dgs.ca.gov/OFS/Price-Book) (go to Price Book Download and click on Purchasing under Procurement Division).

Local Governmental Agencies For all local government agency transactions issued against the contract, the Contractor is required to remit the DGS-PD an Incentive Fee of an amount equal to 1.25 percent of the total purchase order amount excluding taxes and freight. This Incentive Fee shall not be included in the local governmental agency’s purchase price, nor invoiced or charged to the local governmental agency. All prices quoted to local governmental agencies shall reflect State contract pricing, including any and all applicable discounts, and shall include no other add-on fees.

SB/DVBE OFF-RAMP PROVISION

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

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

All products offered are listed on Attachment A- Contract Pricing. The following product information for each line-item is listed below:

· Commodity Description

· UNSPSC Code

· Manufacturer Part Number (OEM#)

· Manufacturer (OEM)

· Contractor’s product Stock Keeping Unit/Item Number

· Item Description

· Number of Rounds Per Box

· Number of Boxes Per Case

· Number of Rounds Per Case

· Contract Unit Price Per Round

· Contract Unit Price Per Case Please refer to Attachment F – Contract Master List, for a quick reference guide to all the ammunition available on contract 1-21-13-02A&B. The Contractor name and contract number associated with each awarded line item is provided.

SPECIFICATIONS

All products listed on Attachment A - Contract Pricing, are listed on Attachment B - California Highway Patrol Approved Brands List (ABL), for Ammunition, Factory Loaded, or are on the Department of Fish and Wildlife (DFW) Certified Nonlead Ammunition List: https://wildlife.ca.gov/hunting/nonlead-ammunition/certified.

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 06/08/10), Article 16 entitled “Substitutions”.

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

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

The minimum order shall be one (1) case. Orders for less than the minimum order shall be considered non-contract and may be purchased from other sources. The Contractor may choose to accept orders less than the minimum order at their discretion.

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:

San Diego Police Equipment Co.

Julie Padilla 8205 Ronson Rd. Suite A San Diego, CA 92111 Facsimile:

(858) 974-8530 Email:

CAORDERS@sandiegopoliceequipment.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 government 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 State department or local government agency for any other reason without written authorization from the State Contract Administrator.

ORDER RECEIPT CONFIRMATION

The Contractor will provide ordering agencies 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

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

· Purchase outside the mandatory contract, with written approval from the State Contract Administrator

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.

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 ninety (90) 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 (12) hours of scheduled delivery time, if delivery cannot be made within the time frame specified on the Order Receipt Confirmation.

Fifteen (15) calendar days prior to the scheduled delivery date, as provided in the order confirmation notice, the Contractor shall provide a delivery status notification to the ordering agency either via e-mail or facsimile. The delivery status notification shall inform the ordering agency if the delivery will be made on time or if there will be a possible delay in delivery. The Contractor must contact the manufacturer to determine if the items/quantities ordered will be delivered as scheduled before providing the delivery status to the ordering agency.

At any time if the Contractor becomes aware of a possible delay in the scheduled delivery date, the Contractor must notify the ordering agency immediately by e-mail or facsimile. The Contractor must state the reason for the delay and the expected length of the delay.

In the event of supply chain issues, agencies may be allowed to purchase outside the mandatory contract with written approval from the State Contract Administrator. The ordering agency has the option to continue or cancel the contract purchase order.

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 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 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, unless otherwise noted in the ordering agency’s SOW, rejection of deliverables must be processed within thirty (30) days of delivery or it shall be deemed as accepted by the State.

RECALL PROCEDURES

The Contractor shall provide 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.

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.

Facsimile:

(858) 974-8530

Attn: Frank Martin 707 Third Street, 2nd Floor, MS 201 West Sacramento, CA 95605 San Diego Police Equipment Co. Inc.

Attn: Ryan King 8205 Ronson Rd. Suite A San Diego, CA 92111

INVOICING

Invoices shall be submitted to the ordering agency within seven (7) calendar days from date of delivery.

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

FEDERAL EXCISE TAX EXEMPTION

Government entities are not subject to Federal Excise Tax. They will, however, sign a U.S. Department of Treasury Exemption Certificate OMB No. 1513-0128 (see Attachment C – Exemption Certificate OMB No. 1513-0128) for the Contractor so the Contractor can be reimbursed by the manufacturer.

Authorization letter Pursuant to California Penal Code section 30312 (a) (1), when purchasing from this contract state departments and/or local governmental agencies must complete an Authorization Letter (see Attachment E - “Sample Department Letterhead”). The Authorization Letter must be signed by the ordering agency’s Chief, Sheriff, or other head of agency. This letter will authorize the transaction for the exclusive use of the state department and/or local governmental agency under their supervision. The Authorization Letter will identify the employee as the individual authorized to conduct the transaction.

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 Use of the CAL-Card for payment of invoices is not allowed under this statewide contract.

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

Payee Data Record Each State department’s accounting office must have a copy of the Contractor’s Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting offices. Without the Std. 204, payment may be unnecessarily delayed. State departments should contact the Contractor for copies of the Payee Data Record.

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 the General Provisions, Article 19 entitled “Warranty”.

RECYCLED CONTENT

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

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)/ CERTIFICATIONS The DGS-PD, as the awarding department, has assessed the Contractor certifications, (i.e. Darfur, Russian Sanctions, SB/DVBE, etc.), Bidder Declaration, 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 State required certifications, 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 (gen-ai) 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 9 Attachment B – California Highway Patrol Approved Brands List, Supplement 7 Attachment C – Exemption Certificate OMB No. 1513-0128 Attachment E – Authorization Letter Attachment F – Contract Master List, Supplement 8 Attachment G – PCRC Workbook, Supplement 8 image1.jpeg