User_Instructions_Supplement-2.docx

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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 (Non-Mandatory) 1-21-89-200 Contract User Instructions, *Supplement 2*

Page 12 *12/10/2024* 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, [].

NON-MANDATORY

*SUPPLEMENT 2*

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 – Rank 1 Contractor

Mailing Address:

Chameleon Beverage Company, Inc 6444 E 26th Street, Commerce, CA, 90040 Fax/Email:

Fax: (323) 724-9048 Email:

*aaronc@chameleonbeverage.com*

Contact Information:

Chameleon Beverage Company, Inc Contact: *Aaron Campbell* Phone: *(702) 372-0819* Email:

*aaronc@chameleonbeverage.com*

Contractor Website: https://www.chameleonbeverage.com/home

ORDER PLACEMENT INFORMATION – Rank 2 Contractor*

Mailing Address:

GRC Company 4949 Windplay Drive, Suite 200 El Dorado Hills, CA 95762 Fax/Email:

Fax: (916) 941-9365 Email: gcorr@grcmarkets.com or penny@grcmarkets.com

Contact Information:

GRC Company Inc Contact: Guy Corr Phone: (916) 941-9655 24-hr Phone: (916) 605-6518 Email: gcorr@grcmarkets.com

*Rank 2 Contractor shall only be used when Rank 1 Contractor is unable to fullfill an order. Refer to Article 2, Contract Usage/Rules, for more details.

All changes to most recent Supplement are in bold red italic. Additions are enclosed in asterisks; deletions are enclosed in brackets.

SUMMARY OF CHANGES

*12/10/2024*

· Contract has been extended to 10/31/2025

· Contract Administrator point of contact information has been updated to Rosalio Altamirano – Rosalio.altamirano@dgs.ca.gov

· Cases per pallet changed from 40 to 48

· The Veteran Group (sub-contractor for Chameleon Beverage) no longer has a SB/DVBE designation

· Verify the delivery location is equipped for commercial freight delivery, such as a loading dock with pallet jack, or has a forklift and operator. The vendor can self-unload and bring their own forklift if needed, however, less pallets can be delivered in the same truck/delivery

05/23/2024

All other terms and conditions remain the same.

TABLE OF CONTENTS

SCOPE

The State’s contract with Chameleon Beverage Company and GRC Company (Contractors) provides Bottled Drinking Water at contracted pricing to the State of California and local governmental agencies in accordance with the requirements of Contract # 1-21-89-200A-B. 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 Bottled Drinking Water 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 non-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.

· This contract has two ranked Contractors. Ordering agencies must place orders with the first-ranked Contractor. If the first-ranked Contractor does not have the desired quantity within the specified time frame as indicated on the Order Confirmation, the ordering agency may move to the next Contractor to fulfill the order. If the Contractor ranked first only has a partial quantity of the required quantity, the ordering agency may place a partial order with the Contractor ranked first and move to the Contractor ranked second to complete the order.

· California Refund Value (CRV) and sales tax are not included in the contract price; they will be added to the invoice. Sales tax is based on the delivery location.

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.

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 available line items and associated pricing are listed on Attachment A and A2, Contract Pricing.

SPECIFICATIONS

All products listed on Attachments A and A2, Contract Pricing, conform to Attachment B, Bid Specification Number 8960-5772; Bottled Purified Drinking Water; dated July 30, 2021.

CUSTOMER SERVICE

The Contractor will have a customer service unit that supports this contract. The customer service unit provides office and personnel resources for responding to inquiries, including telephone and email coverage weekdays during the hours of 8:00 a.m. - 5:00 p.m., PT. Contractor is required to provide a 24-hour telephone contact for emergency orders.

Product Substitutions The products proposed to meet the requirements of this IFB shall be available throughout the duration of the contract term. If, during the life of the contract, a contract product is discontinued, the Contractor shall notify the State Contract Administrator in writing and propose a comparable substitute product at least thirty (30) calendar days prior to product discontinuation. The State Contract Administrator will review the substitute product and determine acceptability.

Once the substitute product has been approved, the State Contract Administrator will provide written approval to the Contractor to update contract item information.

The Contractor will maintain the contract discount as bid throughout the original term of the contract and any extension, including upon approved substitution.

If no substitute product is available that meets or exceeds the specifications due to market changes, the State may alter the requirements to meet the updated marketplace standards.

The Contractor shall not substitute products or modify catalog information without written approval from the State Contract Administrator.

PRICE DECLINES

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) pallet for standard orders, and (5) pallets per truck on emergency orders. Forklift needed for delivery, on site or requested of the vendor

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

Rank 1 Contractor

U.S. Mail:

Chameleon Beverage Company, Inc 6444 E 26th Street Commerce, CA, 90040 Facsimile:

(323) 724-9048 Attn:

*Aaron Campbell* Phone:

*(702) 372-0819* Email:

*aaronc@chameleonbeverage.com*

Rank 2 Contractor

U.S. Mail:

GRC Company 4949 Windplay Drive, Suite 200 El Dorado Hills, CA, 95762 Facsimile:

(916) 941-9365

Phone:

(916) 941-9655 Phone (24-hr):

(916) 605-6518 Email:

gcorr@grcmarkets.com or penny@grcmarkets.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 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 RECEIPT CONFIRMATION

The Contractor must confirm receipt of the purchase order, either via email or facsimile, within 24 hours of receipt for standard orders, and via telephone within 4 hours of receipt for emergency orders. Order Receipt Confirmation to each ordering agency shall include the following information:

· Ordering agency name

· Agency order number (purchase order number)

· Purchase order total cost

· Anticipated delivery date

· Additional requirements as needed

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. Deliveries to locations without a loading dock may require the Contractors to follow special instructions or use additional equipment, which may include, but not limited to, delivery inside buildings, use of a pallet jack, or hand truck. Contractor may charge a special delivery fee as listed on Attachments A and A2, Contract Pricing.

Schedule Delivery of ordered product shall be completed in full within twelve (12) hours after receipt of an order (ARO) for emergency orders, and within five (5) working days for all other orders. 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 twelve (12) hours of scheduled delivery time, if delivery cannot be made within the time frame specified on the Order Confirmation.

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.

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. Security clearance procedures may vary from facility to facility. The Contractor will be responsible for contacting the secure location for security clearance 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 institutional grounds may be cause for contract default.

EMERGENCY/EXPEDITED ORDERS

Delivery of ordered product shall be completed in full within twelve (12) hours after receipt of an order (ARO) for emergency orders.

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.

Packing, packaging, and Marking All shipments must comply with the Non-IT General Provisions (revision 6/8/2010), Paragraph 12 entitled “Packing and Shipment.”

Unless otherwise specified, preservation, packaging and packing shall be to a degree of protection to preclude damage to containers and/or contents thereof under normal shipping conditions. Handling shall conform to normal commercial practices and applicable carrier rules and regulations involving shipment from the Contractor to the receiving agency for storage.

Each shipping case or shipping unit shall clearly indicate the manufacturer or Contractor, a complete description including size and quantity, manufacturer’s product code number (if applicable) and net weight.

All pallets employed in the delivery of goods shall be of sturdy construction and adequate condition to assure delivery of the goods without damage or safety hazards.

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.

State:

Attn: ROSALIO ALTAMIRANO 707 3rd Street, 2nd Floor, MS 201 West Sacramento, CA 95605

Contractor:

Attn: *Aaron Campbell* 6444 E 26th Street Commerce, CA, 90040 GRC Company 4949 Windplay Drive, Suite 200 El Dorado Hills, CA, 95762

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

· California Refund Value (CRV)

· 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 11, Purchase Execution and must include all required documentation applicable to the purchase.

The CAL-Card is a payment mechanism, not a procurement approach and, therefore, does not relieve State departments from adhering to all procurement laws, regulations, policies, procedures, and best practices, including those discussed in the State Contracting Manual (SCM) Volume 2. This includes but is not limited to the application of all sales and use tax laws, rules and policies as applicable to the purchase.

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

Payee Data Record Each State department’s accounting office must have a copy of the Contractor’s Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting offices. Without the Std. 204, payment may be unnecessarily delayed. 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 22, 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.

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 and DVBE participation percentages as follows:

SB Participation: Contract 1-21-89-200A: The Subcontractor The Veteran Group is a California certified SB. For each order placed through this contract, State departments can claim 7% SB participation.

1-21-89-200B (Rank 2): GRC Company is a California certified SB. For each order placed through this contract, State departments can claim 100% SB participation.

DVBE Participation: Contract 1-21-89-200A: The Subcontractor is a California Certified DVBE and has committed to providing 7% DVBE participation for the entire contract term. For each order placed through this contract, State departments are able to claim 7% DVBE participation.

Contract 1-21-89-200B (Rank 2): The Contractor is a California Certified DVBE and has committed to providing 100% DVBE participation for the entire contract term. For each order placed through this contract, State departments are able to claim 100% DVBE participation.

BIDDER Declaration/Commercially Useful Function (CUF) The DGS-PD, as the awarding department, has assessed the Contractor and subcontractor certifications 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 a Bidder Declaration document or perform additional CUF analysis. The State department should make a notation of this within their procurement file.

ATTACHMENTS

Attachment A – Contract Pricing, Rank 1 Attachment A2 – Contract Pricing, Rank 2 Attachment B – Specification 8960-5772; July 30, 2021 image1.jpeg