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CMAS PROGRAM INFORMATION
State Agencies Note
Program Overview
California Multiple Award Schedules (CMAS) offer a wide variety of commodity, non-IT Services, and information technology products and services at prices which have been assessed to be fair, reasonable and competitive. The use of these contracts is optional and is available ONLY to California State and Local Government agencies.
How to Get a Copy of a CMAS Contract
Each CMAS contractor is required to provide a complete copy of their CMAS contract to a California State Agency or Local Government Agency upon request. The CMAS unit strongly encourages government agencies to place orders ONLY with suppliers who provide a complete CMAS contract, as follows:
- CMAS Cover Pages
The CMAS cover pages include the signature page, custom ordering instructions as prepared by the CMAS unit, and the Std. 204 Payee Data Record. The Std. 204 Payee Data Record is required by government agency accounting departments in order to process payments to contractors.
- State of California Contract Terms and Conditions
Several pages of contract terms and conditions, as required by the State of California.
- Federal GSA Contract Terms and Conditions
The Federal GSA (or other base contract) terms and conditions define the warrantees and guarantees.
- Products and Services Price List
The prices of all products and services in a CMAS contract are the maximum prices. Contractors may only sell, and agencies may only buy, products and services identified on the contract. The exception to this rule is product(s) or services procured under the Not Specifically Priced (NSP) provision. This provision is included with many CMAS contracts. Any product or service procured under the NSP provision must be subordinate to a product identified on the same order. Orders MAY NOT be for NSP items alone. The maximum dollar amount of NSP items on an order is defined in the NSP provision.
Go to Find a CMAS Contract to search for products, services, or contractors available on the CMAS Program. Also, agencies can use this site to substantiate that the CMAS contract is still valid prior to issuing an order.
Administrative Fee
The Department of General Services (DGS) will directly bill each State and Local Agency an administrative fee for the use of CMAS contracts. The administrative fee should NOT be included in the order total, or remitted before a bill is received from DGS. See the DGS Price Book for current fees.
Small Business participation in the State's procurement processes is critical to the economic health of the State, and essential to the success of the California Multiple Award Schedule (CMAS) program. In response to our commitment to increase participation by small businesses, the Department of General Services is waiving the administrative fee for orders to California small businesses registered with the Office of Small Business and DVBE Certification (OSDC). OSDC may be contacted at (916) 375-4940. The small business must be the CMAS contract owner.
The Small Business Partners page lists all of the CMAS small business contractors, along with their contract numbers and contract product categories.
State Policy
The California Multiple Award Schedule program DOES NOT REDUCE OR RELIEVE California State agencies of their responsibility to meet statewide requirements, guidelines, procedures or policies regarding contracts or procurements.
Travel
If the contract provides for travel, state agencies may pay travel and per diem expenses according to state travel time and per diem rules (represented employee rates) with verified receipts.
Notwithstanding the contract provisions, the State will not be responsible for the cost of travel to bring contractor personnel to the agency site to commence work. However, if requested by the ordering agency, the State will be responsible for the cost of travel from one California agency site to another.
Local government agency, education and special districts will pay travel time and per diem according to their respective statutory requirements.
All travel and per diem expenses must be within contract parameters, and incorporated into the agency purchase order.
It is important that the agency and contractor discuss necessary travel requirements prior to issuing the purchase order because the detail and cost (only as allowed for in the contract) must be included in the agency purchase order to be payable.
Training Vouchers
It is acceptable to purchase training vouchers in advance of the training being performed "if" the Contractor does not invoice and the State does not pay for the training services in advance.
Liquidated Damages and Acceptance Testing Criteria
If the agency wants to include acceptance testing and liquidated damages for late delivery, the criteria must be added to the purchase order to be applicable. See Statement of Work Information for considerations, questions, and sample language to be used in developing a Statement of Work. Public Works Projects on CMAS Contracts
DEFINITION OF A PUBLIC WORKS PROJECT
A public works contract is defined as a contract for "the erection, construction, alteration, repair or improvement of any public structure, building, road or other public improvement of any kind" in accordance with the Public Contract Code (PCC) Section 1101.
INSTALLATION OF PHYSICAL LAYER CABLE AND CARPET
Installation of physical layer cable and carpet is considered public works. The agency purchase order may allow for a public works component only when it is incidental to the overall project requirements.
APPLICABLE LAWS AND CODES
Agencies are to ensure that the applicable laws and codes pertaining to contractor and sub-contractor licensing, prevailing wage rates, bonding, labor code requirements, etc., are adhered to by prime contractors as well as sub-contractors during the performance under the agency's CMAS purchase order.
AGENCY RESPONSIBILITY
In accordance with Labor Code Section 1773.2, the ordering agency is responsible for determining the appropriate craft, classification or type of worker needed for any contract for public works.
Also, the agency is to specify the applicable prevailing wage rates as determined by the Director of the Department of Industrial Relations (DIR). In lieu of specifying the prevailing wage rates, the agency may include a statement on the purchase order that the prevailing wage rates are on file at the agency's office, and will be made available upon request. The prevailing wage rates are available from the DIR at (415) 703-4774.
VERIFY STATUS OF CONTRACTOR'S LICENSE
The CMAS Unit substantiates that the Contractor holds the appropriate license when the contract is established. However, the agency must verify that the Contractor's license is still active and in good standing prior to placing the order by calling the State Contractor's License Board at 1-800-321-2752 or on their web site at http://www.cslb.ca.gov/.
PRIME AND SUBCONTRACTOR MUST BE LICENSED
When contractor's licenses are required, the prime and subcontractor (if applicable) must both hold a valid license for the work being performed.
STATE CONTRACTING MANUAL
State agencies planning these types of projects need to review the State Contracting Manual (SCM), Volume 1, Section 10 for applicable regulations.
Bond Requirements
Public Works: Prior to the commencement of performance, the Contractor must obtain and provide to the State, a payment bond, on Std. Form 807, when the purchase order involves a public works expenditure (labor/installation costs) in excess of $5,000. Such bond shall be in a sum not less than one hundred percent (100%) of the contract price. Forms shall be provided to the Contractor. See the General Terms and Conditions, CMAS Public Works Requirements.
Progress Payments: Special contracts for goods and information technology products and/or services not suitable for sale to others, which allow for progress payments, must require a performance bond per Public Contract Code 10314 and 12112 as follows:
Not less than 10 percent of the contract price is required to be withheld until final delivery and acceptance of the goods or services, and provided further, that the Contractor is required to submit a faithful performance bond, acceptable to the department, in a sum not less than one-half of the total amount payable under the contract securing the faithful performance of the contract by the Contractor. See CMAS contract terms and conditions, Information Technology, General Terms and Conditions, Paragraph 69., CMAS Progress Payments/Performance Bonds and Non-IT commodities CMAS contract, General Terms and Conditions, Paragraph 67, CMAS Progress Payments/Performance Bonds.
Updates and/or Changes to CMAS Contracts
When do CMAS contracts get amended?
For CMAS contracts based on Federal GSA Schedules:
Once the federal GSA schedule is amended by the federal government, the change becomes effective for associated CMAS contracts without the need for a CMAS amendment, with the following exceptions:
- A CMAS contract amendment is required when the contract is based on products and/or services from another contractor's multiple award contract and the Contractor wants to add a new manufacturer's products and/or services.
- A CMAS contract amendment is required for new federal contract terms and conditions that constitute a material difference from existing contract terms and conditions. A material change has a potentially significant effect on the delivery, quantity or quality of items provided, the amount paid to the Contractor or on the cost to the State.
- A CMAS contract amendment is required for changes to contracts that require Prison Industry Authority (PIA) approval.
- A CMAS contract amendment is required to extend the end term of the CMAS contract.
For CMAS contracts based on Non-GSA Multiple Award Contracts:
A CMAS contract amendment is required for any change to a CMAS contract based on a non-GSA multiple award contract.
Conflict of Interest
Agencies must develop a plan to evaluate the proposed purchase order for any potential conflict of interest issues. See CMAS Services Guide, Attachment B, Conflict of Interest for guidelines.
Progress Payments
A progress payment is a partial payment for a portion or segment of the work needed to complete a task. To determine whether a particular task is separate and distinct, you must decide if later tasks build on it.
a. Special Goods and Information Technology Products and/or Services
Any contract for goods (Public Contract Code 10314) or information technology products and/or services (Public Contract Code 12112), to be manufactured or performed by the Contractor especially for the State and not suitable for sale to others in the ordinary course of the Contractor's business may provide, on such terms and conditions as the department deems necessary to protect the State's interests, for progress payments for work performed and costs incurred at the Contractor's shop or plant, provided that not less than 10 percent of the contract price is required to be withheld until final delivery and acceptance of the goods or services, and provided further, that the Contractor is required to submit a faithful performance bond, acceptable to the department, in a sum not less than one-half of the total amount payable under the contract securing the faithful performance of the contract by the Contractor.
b. Non-Information Technology Services
Any contract for non-information technology services (Public Contract Code 10346) may provide for progress payments to contractors for work performed or costs incurred in the performance of the contract. Not less than 10 percent of the contract amount shall be withheld pending final completion of the contract. However, if the contract consists of the performance of separate and distinct tasks, then any funds so withheld with regard to a particular task may be paid upon completion of that task.
Recommended policy for state agencies:
- Discourage progress payments whenever possible.
- Do not allow progress payments on purchase orders for less than three months.
- If progress payments are to be made, they should be made not more frequently than monthly in arrears or at clearly identifiable stages of progress, based upon written progress reports submitted with the Contractor's invoices.
- Progress payments shall not be made in advance of services rendered.
- Purchase orders may require a withhold of ten percent (10%) of each progress payment pending satisfactory completion of the purchase order or a separate and distinct task.
Contractors Acting as Fiscal Agents are Prohibited
When a subcontractor ultimately performs all of the services that a contractor has agreed to provide and the prime contractor only handles the invoicing of expenditures, then the prime contractor's role becomes that of a fiscal agent because it is merely administrative in nature, and does not provide a commercially useful function. It is unacceptable to use fiscal agents in this manner because the agency is paying unnecessary administrative costs.
Contractor Name/Ownership Change
Many contractors are changing name and ownership status. The company name on the CMAS contract, purchase order and invoice must match or the State Controller's Office will not approve payment. Agencies cannot approve invoices if the company name varies between these documents. Contractors must contact the CMAS Unit to initiate a legal name change for their CMAS contract. See CMAS Contractor Packet, Exhibit G for information.
Multiple Contractors On One Project
Ideally, agencies will obtain all of their requirements for a project from the same CMAS contractor, because unlike the bid process each individual contractor is responsible "only" for their portion (whatever their individual purchase order specifies), not the total solution with everything completed and working together. Even if an agency hires a project manager, the project manager is responsible only for "project management." Consequently, the agency is solely responsible for the successful integration of all components.
Agencies must develop complete Statements of Work (SOW) that include all necessary requirements. See Statement of Work Information for considerations, questions, and sample language to be used in developing a Statement of Work.
Network Design Services
All network design services on CMAS contracts must result in a hardware or software solution. Also, all network design services performed by the Contractor that include infrastructure components must be performed by a BICSI certified Registered Communications Distribution Designer (RCDD) employed either by the Contractor or subcontractor. Evidence of RCDD certification may be required by the ordering agency.
Small Business/DVBE Subcontracting Participation
SMALL BUSINESS/DVBE - TRACKING
State agencies are able to claim subcontracting dollars towards their small business or DVBE goals whenever the Contractor subcontracts a commercially useful function to a certified small business or DVBE. The Contractor will provide the ordering agency with the name of the small business or DVBE used and the dollar amount the ordering agency can apply towards its small business or DVBE goal.
SMALL BUSINESS/DVBE SUBCONTRACTING
The amount an ordering agency can claim towards achieving its small business or DVBE goals is the dollar amount of the subcontract award made by the Contractor to each small business or DVBE.
The Contractor will provide an ordering agency with the following information at the time the order is quoted:
- The Contractor will state that, as the prime Contractor, it shall be responsible for the overall execution of the fulfillment of the order.
- The Contractor will indicate to the ordering agency how the order meets the small business or DVBE goal, as follows:
- List the name of each company that is certified by the Office of Small Business and DVBE Services that it intends to subcontract a commercially useful function to; and
- Include the small business or DVBE certification number of each company listed, and attach a copy of each certification; and
- Indicate the dollar amount of each subcontract with a small business or DVBE that may be claimed by the ordering agency towards the small business or DVBE goal; and
- Indicate what commercially useful function the small business or DVBE subcontractor will be providing towards fulfillment of the order.
The ordering agency's purchase order must be addressed to the prime Contractor, and the purchase order must reference the information provided by the prime Contractor from the quotation as outlined above.
Resellers
Authorized CMAS resellers qualify as independent solicitation offers. That is, the agency can obtain the necessary offers from one CMAS contract with multiple resellers.
Purchase Order Termination
The only CMAS provisions for early termination of a purchase order are in the areas identified below.
- Termination for Convenience (also see Stop Work)
- 30 day notice for maintenance orders
- 90 day notice for most copier contracts
Agencies may negotiate with the Contractor to include a termination provision in the purchase order before issuance. The Contractor is not legally obligated to accept increased risk.
Delivery of Products and Services
Purchase orders must be issued before the expiration of the CMAS contract. However, delivery of the products or completion of the services may be provided after the expiration of the CMAS contract (unless specifically stipulated otherwise in the CMAS contract), but must be as provided for in the contract and as specified in the purchase order.
Bundling of Products, Services, and Prices
Product bundling is not allowed. All components shall be delineated as separate line items having individual product numbers or identifiers, unless specified on the base contract as a bundled item having a bundled product number.
Bundling of consulting services is not allowed. Agency orders must be detailed showing staff hours by approved classification, and hourly rate per classification for each task/deliverable. Showing only one lump sum total for the project without providing a detailed breakdown as described above is not acceptable.
CMAS Orders Requiring a PIA Waiver
Purchase Orders for furniture placed against a CMAS contract where a Prison Industries Authority (PIA) waiver is required must be approved by DGS-Procurement Division prior to being mailed to the contractor. Most CMAS contracts that require a PIA waiver show Toni Vice as the person at Procurement Division who provides the approval. Toni Vice has left Procurement Division, and the above approvals are now processed by Jana Sharpe. See the approval process contained in CMAS contracts for orders requiring a PIA waiver and Jana Sharpe's contact information below.
DGS Procurement Division Approval Process & Mailing Address
Only the DGS Procurement Division is authorized to approve purchase orders under this contract.
For approval, agencies must fax or mail to DGS:
- Copy of completed purchase order (Std. 65)
- Copy of contract product pages
- Waiver document
Please mail or fax to the following address:
Fax: 916/375-4613
Department of General Services
Procurement Division
Sacramento Acquisitions Unit
707 Third Street, 2nd Floor
West Sacramento, CA 95605-2811
Attn: Jana Sharpe
Agencies with questions regarding purchase order procedures may call Jana Sharpe at 916/375-4381.
Once the purchase order is approved by DGS/PD, it will be stamped approved and signed by DGS/PD and returned to the agency for issuance to the contractor.
How to Contact CMAS
Go to the CMAS Representatives link for the CMAS office contact information. |
