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SECTION II
ORDERING PROCEDURES FOR STATE AND LOCAL AGENCIES
I. STATE AGENCY INSTRUCTIONS
In addition to procedures delineated in these user instructions, requirements contained in the DGS/PD Purchasing Authority Manual (PAM), State Contracting Manual, and the ordering agency's internal contract procedures must be complied with.
A. Authority to Use the MSA
Departments should use this MSA in accordance with SAM 4800. Departments/Agencies must have DGS PD approved IT purchasing authority for MSAs. Contracts executed under this MSA may not exceed the approved dollar threshold noted in the department/agency purchasing authority. Refer to Chapter 1 of the Purchasing Authority Manual (PAM) for additional information regarding purchasing authority.
B. Competition & Advertising
Ordering agencies are not required to solicit multiple offers nor post an advertisement in the State Contracts Register when executing contracts under this MSA.
C. Dollar Thresholds and Limitations
1) Contracts may not exceed $500,000 in accordance with MM03-10 without an approved Leveraged Procurement Agreement Exemption Request form. The total contract value shall be based on the cumulative value after including any amendments (i.e., a $450,000 contract plus a $60,000 amendment shall be considered a $510,000 contract, and subject to the requirements accordingly). Pursuant to PCC Section 10329, willfully splitting a single purchasing transaction into a series of transactions for the purpose of evading the bidding requirements or to circumvent dollar thresholds is prohibited.
2) Public Contract Code Section 10365.5 states that "no person, firm, or subsidiary thereof who has been awarded a consulting services contract may submit a bid for, nor be awarded a contract for the provision of services, procurement of good or supplies, or any other related action which is required, suggested, or otherwise deemed appropriate in the end product of the consulting services contract. Therefore, any consultant that contracts with a state agency to develop a feasibility study or provide formal recommendations for the acquisition of EDP products or services is precluded from contracting for any work recommended in the feasibility study or the formal recommendation." Visit the SAM Chapter 5200 website for additional details relative to this policy:
3) Departments granted IT goods and services purchasing authority must obtain the required approvals from the Department of Finance prior to initiating any IT procurement activity or encumbering funds. GIS projects MUST adhere to DOF policies and procedures in the State Information Management Manual: http://www.dof.ca.gov/OTROS/StatewideIT/SIMM/SIMM.asp
4) Upon completion of the project, the ordering department shall complete the MSA Contract Performance Report in Exhibit III. The completed form should be sent to the MAPS MSA Contract Administrator, Rosemary Linares. Ordering departments may also use the Contract/Contractor Evaluation Form (STD. 4).
5) If the contractor's performance is unsatisfactory, the ordering department must send a copy of the completed Std. 4 to the DGS, Office of Legal Services within five (5) days after the completion of the evaluation. The contractor must be notified and sent a copy of the unsatisfactory Std. 4 evaluation by the ordering department within fifteen (15) days after its completion. See Section II Ordering Procedures H.22.
6) Effective January 1, 2001, departments must report specific information on independent sole proprietor contractors to the Employment Development Department (EDD) as required by Unemployment Insurance Code §1088.8. The information must be reported within twenty (20) days of entering into a contract for $600 or more, or if there is no contract, within 20 days of when the payments total $600 or more in any calendar year, whichever occurs sooner. For assistance in reporting to EDD, please call 916-657-0529, the EDD Tax Branch, Accounts Services Group.
D. Preparation of Contract
1) CONTRACT LANGUAGE - In accordance with all applicable contracting procedures, use the State Standard Agreement (Std. 213) and Agreement Summary (Std. 215) to initiate and execute a contract under this MSA. Incorporate this MSA number by reference on the Std. 213 by inserting this clause on your 213 cover sheet: "MSA #5-06-70-XX is hereby incorporated by reference and made a part of this agreement."
2) SCOPE OF WORK - Ordering agencies must include a Scope of Work for each contract. The Scope of Work should identify the specific services being ordered. A departmental contract manager/project representative should be identified in this Exhibit as well.
3) BUDGET, INVOICE, AND PAYMENT PROVISIONS - Ordering agencies must include Budget, Invoice, and Payment Provisions. While there is no need to duplicate the MSA contract language on this topic, do include those cost details specific to the contract between the ordering agency and the MSA Contractor. These provisions should also include information on where, to whom, and how often the invoices will be submitted.
E. Contract Approval
The contract executed between the ordering agency and the MSA contractor should be completely approved and executed prior to the start date of the contract. Please allow ample processing time to avoid late contracts. Departments/agencies may not authorize work/services under an MSA until the department/agency contract with the MSA contractor is fully approved and executed (including DGS/OLS or PD approval if required).
F. File Documentation and Other Applicable Requirements
Refer to PAM Chapter 6 for more information regarding the required MSA file documentation.
II. ORDERING INSTRUCTIONS FOR LOCAL AGENCIES
Local agencies utilizing this MSA:
1) Must agree to all operational terms and conditions.
2) May use the STD 213 and STD 215 to initiate orders or use their own order document purchase orders (PO's) or their own contract forms, but must include all pertinent information as required by State ordering agencies-the data elements are described in Section VI, Forms, STD 213.
3) Are required to submit a copy of all ordering documentation to the MSA Contract Administrator.
4) Are required to pay an administrative fee. The DGS administrative fee is a specified percentage set annually of contracted services. Local agencies using this MSA should check the DGS website for current rates. Refer to the DSG Price Book or http://www.ofs.dgs.ca.gov/Price+Book/main.htm. The DGS administrative fee is not included in the contractor's hourly rates for this MSA. Local agencies must agree to the State's administrative fee. The State will bill the local agency for using this MSA at the current rate.
5) Must send one copy of the approved order/contract form to DGS/Procurement Division, Attn: Multiple Award Program Section (MAPS). The local agency resolution, if required, approving use of the MSA must be attached to the approval order/contract. The local agency order/contract document must include the DGS billing code. If a local agency has not been assigned a DGS billing code, call the DGS/PD at 916-375-4400.
NOTE: The Small Business preference and DVBE participation goals do not apply to MSA orders issued by local agencies. |
