User_Instructions_Supplement_12.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) 1-21-75-04 Contract User Instructions – *Supplement 12*

Contract 1-21-75-04 Page 12 *4/16/2025* User Instructions 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 12* *(Incorporates Supplement 1-12)*

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 (https://www.dgs.ca.gov/-/media/DD14F21678F64EBFADBC227F2C517C79.ashx) Cal eProcure link: www.caleprocure.ca.gov

ORDER PLACEMENT INFORMATION

Mailing Address:

Response Envelope, Inc. 1340 S. Baker Avenue Ontario, CA 91761 Fax/Email:

Fax: (909) 930-1326 Email:

Tracy.Duplin@marketing.com Contact Information:

Response Envelope, Inc.

Tracy Duplin Phone: 909-923-4613 x 11232 Email: Tracy.Duplin@marketing.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

· Article 39: [Exemption to] Gen AI Procurement Procedures, updated language.* *4/16/2025*

· Article 9 – Customer Service, contact information has been updated.

1/14/2025

· Front Page – Order Placement Information, contact information has been updated.

· Article 9 – Customer Service, contact information has been updated.

· Article 26 – Contract Administrator, Contract Administrator has changed from Christina Diaz to Tracy Duplin.

9/13/2024

· Article 35 – SB/DVBE Participation, language has been updated.

· Article 38 – Vetted/Forms Certifications language added.

· Article 39 – Exemption to GEN-AI Procurement Procedures language added.

7/31/2024

· Front Page: Contract has been extended one (1) additional year.

· Article 12.A.3 – Blanket Orders, language has been updated.

4/19/2024

· Attachment A – Contract Pricing, Supplement 4, has been removed and replaced with Attachment A – Contract Pricing, Supplement 7, additional line item has been added.

· Attachment B – Bid Specifications 7530-5139, RevB has been removed and replaced with Attachment B – Bid Specifications 7530-5139, RevC.

· Attachment C – Envelopes Diagram 1 -34, has been removed and replaced with Attachment C - Envelopes Diagram 1 – 35.

10/26/2023

Article 36 – Certification of Payments to DVBE Subcontractors language has been added.

8/23/2023

· Article 17.A – Delivery address has been updated 8/2/2023

· Front Page: Contract has been extended one (1) additional year.

· Article 26 updated language.

· Attachment A – Contract Pricing, Supplement 2, has been removed and replaced with Attachment A – Contract Pricing, Supplement 4.

5/1/2023

· Article 36 updated language.

9/28/2022

· Article 37 updated language.

· Attachment A – Contract Pricing, Supplement 1 has been removed and replaced with Attachment A – Contract Pricing, Supplement 2.

6/24/2022

· Front Page: State Contractor Contact information and General Provisions updated.

· Articles 7, 8, 26, and 37 updated language.

· Attachment A – Contract Pricing has been removed and replaced with Attachment A – Contract Pricing, Supplement 1.

2/11/2022

3/17/2021

All other terms and conditions remain the same.

TABLE OF CONTENTS

SCOPE

The State’s contract with Response Envelope, Inc. (Contractor) provides Envelopes, Recycled Paper at contracted pricing to the State of California, Office of State Publishing (OSP) only, in accordance with the requirements of Contract # 1-21-75-04. 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 Envelopes, Recycled Paper 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

· This contract is mandatory and for the use of OSP only.

· 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 and Volume Fi$Cal, 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 This contract is not available to local governmental agencies.

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 This contract is not available to local governmental agencies.

SB/DVBE OFF-RAMP PROVISION

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

EXEMPT PURCHASES

There are no exempt purchases associated with this contract.

PROBLEM RESOLUTION/SUPPLIER PERFORMANCE

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 contract items and pricing are listed on Attachment A, Contract Pricing.

SPECIFICATIONS

All products listed on Attachment A, Contract Pricing, conform to Attachment B, Bid Specification Number 7530-5139.

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 SUBSTITUTION

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)

· Contract Line Item number

· Quantity

· Unit of Measure

· 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) If the purchase crosses into a different Fiscal Year (FY); the ordering entity must warrant they have budget authority for the expenditure.

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 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 This contract is not available to local governmental agencies.

MINIMUM ORDER

The minimum order shall be one (1) pallet of any envelope type.

ORDERING PROCEDURE

State departments shall submit a complete Purchasing Authority Purchase Order (STD. 65) directly to the Contractor or complete the Purchase Order process in FI$CAL. The Purchasing Authority Purchase Order (STD. 65) shall contain, at a minimum, the following information:

· Purchase Order Number

· Agency Billing Code

· Purchasing Authority Number (not applicable to FI$Cal orders)

· Contract Number

· Agency Name

· Item Number

· Quantity

· Unit

· Description and Contract Line Item Number (CLIN), if applicable

· Unit Price

· Extension Price The contractor shall not accept incomplete orders from OSP

ORDER ACCEPTANCE

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

ORDER RECEIPT CONFIRMATION

The Contractor must confirm receipt of the purchase order, either via email or facsimile, within two (2) business days of receipt. Order Receipt Confirmation to OSP shall include the following information:

· Ordering agency name

· Purchase order number

· Purchase order total cost

· Anticipated delivery date

DELIVERY SCHEDULES

Delivery for orders placed against the contract shall be in accordance with the following:

1. Locations Department of General Services, OSP 1000 Riverside Parkway West Sacramento, CA 95605 A. Schedule Delivery of ordered product shall be completed in full after receipt of order (ARO) as follows:

It will be the Contractor’s responsibility to check with OSP for their specific delivery hours before delivery occurs. The Contractor must notify OSP within twelve (12) hours of scheduled delivery time, if delivery cannot be made within the time frame specified on the Order Confirmation.

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.

PACKAGING

All shipments must comply with Non-IT General Provisions rev 06/08/2010, Paragraph 12 entitled “Packing and Shipment.”

All packaging and shipping shall conform to applicable Federal and State Regulations and conform to good commercial practices. The gross weight of each shipping carton shall not exceed fifty (50) pounds. All shelf boxes and shipping cartons shall be of adequate crush strength to accommodate double stacking of pallets and be reusable for repackaging.

A. Envelopes shall be packaged as specified below:

Class 1 - Commercial & Official Envelopes

· Shelf Box: All envelopes shall be packed in 500 per shelf box, vertically, on long edge with the flaps folded, the open side of the envelope up (towards top of box) and facing the same direction.

· Shipping Carton: Envelopes shall be packed with five (5) shelf boxes per shipping carton. Over size cartons, holding five (5) shelf boxes will not be acceptable.

· Exceptions: MCC 150102 and MCC 150103 shall be packaged 1,000 per shipping carton, on long edge, flaps with latex adhesive not folded, the open side of the envelopes up (towards top of box) and facing the same direction. Vendor shall ensure that the envelopes do not stick together. The inside of the box must include a corrugated cardboard section divider, 500 envelopes on each side. The cardboard section divider is required to reinforce the shipping carton and reduce the possibility of any crushing of the latex seal envelopes inside the carton.

Class 2 - Booklet Envelopes

· Shipping Carton: Booklet envelopes shall be packaged vertically, on long edge, flap side up, flaps folded, all in same direction, 500 per shipping carton.

· Exceptions:

1. MCC 150061 shall be packaged vertically, on long edge, flap side up, flaps folded, two adjacent rows of 250 across the short side of the box, one row of envelopes all facing the same direction, the other row reversed, 500 per shipping carton.

2. MCC 150107, envelopes shall be preprinted, flaps folded, envelopes folded in half on long edge, front side facing outwards, packaged vertically, flap side up, two (2) adjacent rows of 250 across the short side of the box, one row of envelopes all facing the same direction, the other row reversed, 500 per shipping carton.

Class 3 - Open End (Catalog & Clasp) Envelopes:

· Catalog Envelopes shall be packaged vertically on long edge, 500 per shipping carton, flaps folded, reversed every 100.

· Exceptions:

MCC 150104, MCC 150105, and MCC 150106 shall be packaged vertically, on long edge, latex adhesive flaps extended, direction reversed every 100. Vendor shall ensure that the envelopes do not stick together.

· Clasp Envelopes shall be packaged flat, 250 per shipping carton, reversed every fifty (50) with flaps extended.

PALLETIZING

· All shipments shall be palletized.

· Pallet size shall be 42” L x 42” W.

· The cartons shall be interlocked stacked, and/or plastic film wrapped; or, if the cartons are not interlocked stacked, or plastic film wrapped, a corrugated fiberboard sheet, shall be placed between each tier and the pallet load banded four (4) ways to minimize shifting of the cartons.

· There shall be no overhang (carton extending past the edge of the pallet) of shipping cartons.

· The cartons shall be stacked no more than four (4) cartons high and shall be capable of being double stacked without any crushing of cartons.

· Maximum height of loaded pallet (including pallet) shall be five (5) feet.

· The cartons shall be protected from cutting, crushing or breaking resulting from banding pressure.

· The cartons shall be palletized such that the pallet load contents can be identified from any of the four (4) sides.

MARKING

· A packing slip shall accompany each shipment.

· Each pallet load shall be identified with the manufacturer’s lot number.

· Each shipping carton shall be marked on one end with the name of manufacturer, description, size, sub weight, color, quantity, MCC number, and purchase order and/or contract number.

· Lettering on labels shall be upper case, 3/8-inch height minimum and printed or stenciled in bold type.

PACKING SLIP

A packing slip will be included with each shipment, which will include at least the following information in no particular order:

· Agency order number (purchase order number)

· Ordering agency name

· Contract Line item description

· Quantity ordered

· Quantity included in shipment

· Any back ordered or out of stock items and availability date of unfilled and partial shipment

· Number of parcels

· Destination

· All information contained on the packing label

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

HAZARDOUS MATERIALS DOCUMENTATION

For products that contain hazardous chemicals, as defined by California Code of Regulations, Title 8, Section 339, the Contractor must provide a Material Safety Data Sheet (MSDS), via facsimile or email, to OSP upon written request.

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.

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: Willie Orphé III 707 Third Street, 2nd Floor, MS 201 West Sacramento, CA 95605 Response Envelope, Inc.

Attn: Tracy Duplin 1340 S. Baker Avenue Ontario, CA 91761

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.

All returns shall be picked up within seven (7) working days of notification. Notification is defined as notice in writing, by facsimile, or e-mail.

INVOICING

Invoices shall be submitted to the ordering agency within seven (7) calendar days from date of delivery. 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 1 and Volume 2. This includes but is not limited to the application of all sales and use tax laws, rules and policies as applicable to the purchase.

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

Payee Data Record 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.

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 (https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Enroll-in-CAL-Card-Program-for-Government-Entities).

CALIFORNIA SELLER’S PERMIT

The California seller permit number for the Contractor is listed below. 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 and Volume Fi$Cal.

QUALITY ASSURANCE GUARANTEES

PRE-PRODUCTION PRODUCT PERFORMANCE TEST

For machinability of the envelopes, a test run of up to 10,000 envelopes of each line item may be required within fifteen (15) working days after notification by the agency for machine ability test. Performance test shall be comprised of running samples in quantity of no less than 8,000 letter/5,000 booklet envelopes on well-maintained equipment (Mass Mail and/or Jets) for three (3) passes. Any pass that has one or more jams caused by envelope(s) will be considered failure. Contractor should provide remedy plan to resolve the failure within ten (10) working days or a pre-defined period mutually agreed by agency and contractor. Should the contractor fail to resolve the failure and offer the compliant products in three (3) attempts, it may be considered a breach of contract and subject to General Provisions paragraph 26 entitled “Rights and Remedies of State for Default”.

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, fax, or email.

RECYCLED CONTENT

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

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 (%)

State departments must identify subcontractors on individual purchase documents whenever subcontractors are used.

The Contractor has committed to DVBE participation at total statewide contract levels of 5%, respectively.

Individual orders may have no applicable participation or may have participation greater than that of the total contract commitment. Ordering agencies must verify the participation amount with the Contractor. The exact participation percentage levels for each purchase order will be determined on an order-by-order basis in cooperation with the Contractor prior to submittal of a Purchasing Authority Purchase Order (STD 65).

State departments may request from the Contractor a monthly report providing the SB/DVBE participation levels on purchase orders.

CERTIFICATION OF PAYMENTS TO DVBE SUBCONTRactors In accordance with the State Contracting Manual, Volume 2, Section 1203.1, DGS-PD has prescribed an alternative mechanism for enforcing the DVBE subcontractor payment certification requirement on this Statewide Contract. State departments shall not collect a certified Prime Contractor’s Certification – DVBE Subcontracting Report (STD. 817) from the Contractor. During the contract term, and upon completion of the contract for which a DVBE subcontractor commitment was made, DGS-PD will require the Contractor to certify that all participation commitments and payments under the contract have been made to the DVBE.

BIDDER DECLARATION/COMMERCIALLY USEFUL FUNCTION (CUF)

The DGS-PD, as the awarding department, has assessed the Contractor and subcontractor 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.

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)

· 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.

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.

[EXEMPTION TO] 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 7 Attachment B – Specification 7530-5139 Rev C, dated October 25, 2023 Attachment C – Envelopes Diagram 1 – 35 Attachment D – Postconsumer Content Certification Workbook image1.jpeg