August 2019
CMAS Local Government
Agency Guide
(This packet supersedes all previous guides)
• General Information Regarding CMAS
• Call the CMAS Unit for Information at (916) 375-4365
• Contact CMAS Unit at cmas@dgs.ca.gov
• CMAS Website (www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-
Accordion-List/Acquisitions/California-Multiple-Award-Schedules)
Procurement Division ● Department of General Services
State of California
CMAS LOCAL GOVERNMENT AGENCY GUIDE
August 2019 2
TABLE OF CONTENTS
SECTION 1 - OVERVIEW 5
Legislation 5
Definition of a Local Government Agency 5
Fees to Use CMAS 5
Agency Responsibilities 5
Method of Establishing a CMAS 5
What is Included? 6
What is Excluded? 6
Contractor’s Option to Allow Use of Their CMAS 6
How to Contact CMAS 6
SECTION 2 – USE OF CMAS 7
CMAS is Optional 7
Search for a CMAS 7
Seeking Multiple 7
Request for Offer 7
Copy of a CMAS 7
Best Value Determination 8
Protests 8
Legal Counsel 8
SECTION 3 – PURCHASE ORDER PROCEDURES 9
Purchase Order Limits 9
Purchase Order Form 9
Purchase Order Amendments 9
Purchase Order Termination 9
Delivery of Products and Services 9
Substantiate CMAS is Valid 9
Multiple Contracts - One Purchase Order Form 10
Where to Send Purchase Order? 10
SECTION 4 – CONTRACT CONSIDERATIONS 11
CMAS Numbers 11
Why Does Agency Need a Copy of a CMAS? 11
Small/Disabled Veteran Business Certification and Status Verification 11
Liquidated Damages and Acceptance Testing/Criteria 11
Public Works - Bond Requirements 12
Progress Payments 12
Progress Payments, Continued 13
Travel 13
Maintenance Sales Tax 13
CMAS LOCAL GOVERNMENT AGENCY GUIDE
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TABLE OF CONTENTS
SECTION 5 – BEST VALUE DETERMINATION 14
CMAS Assessment of Offers 14
What is Best Value? 14
Determining Best Value 14
Review Resumes 14
Document Files 14
SECTION 6 – PAYMENTS AND INVOICES 15
Fees to Use CMAS 15
CAL-Card (Credit Card) 15
Advance Payments 15
Contractor Name/ Ownership Change 15
Required Payment Date 15
SECTION 7 – USEFUL WEBSITES 16
SECTION 8 – RENTAL, FINANCE AND LEASE POLICIES 17
State of California’s Financial Marketplace 17
Federal Lease to Own Purchase (LTOP) 17
Federal Lease Provisions 17
SECTION 9 – SERVICES 18
Definition of Personal, Consulting, and Technical Services 18
Public Works Services 18
Service and Delivery after CMAS Expires 18
Review Resumes 18
Progress Payments 18
Follow-on Contracts Prohibited 19
Network Design Services 19
SECTION 10 – NOT SPECIFICALLY PRICED (NSP) 20
Open Market, Incidental, and Non- Contract Items 20
Subordinate and Peripheral 20
Items Specifically Excluded 20
NSP Dollar Limits 20
NSP Not Available 21
Manufacturer Authorization Required 21
Clearly Identify NSP 21
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TABLE OF CONTENTS
SECTION 11 – PUBLIC WORKS PROJECTS 22
Definition of a Public Works Project 22
Installation of Physical Layer Cable and Carpet 22
Applicable Laws and Codes 22
Agency Responsibility 22
Verify Status of Contractor’s License 22
Prime and Subcontractors Both Must Be Licensed 22
Bond Requirements 22
SECTION 12 – SUPPLIER COMPLIANCE 23
Compliance Focus 23
What is Reviewed? 23
Contractor Compliance Reviews 23
ATTACHMENT A – CMAS WEBSITE SEARCH INSTRUCTIONS 24
Website 24
Limited Descriptors 24
Basic Search 24
Search within Results 24
Cal eProcure 24
ATTACHMENT B – AMERICANS WITH DISABILITIES ACT (ADA) NOTICE 25
ADA Policy 25
Phone Numbers for Help 25
Advance Notice 25
CMAS LOCAL GOVERNMENT AGENCY GUIDE
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SECTION 1 - OVERVIEW
Legislation
Public Contract Code (PCC) § 10290 et seq. and 12101.5 include approval for local government
agencies to use CMAS for acquisition of information technology and non-information technology
products and services.
Public Contract Code (PCC) § 10298 and 10299 authorizes local government agencies and
school districts to use CMAS and other Department of General Services (DGS) agreements
without competitive bidding. However, each local government agency should make its own
determination whether the CMAS program is consistent with their procurement policies and
regulations.
Definition of a Local Government Agency
A local government agency is any city, county, city and county, district, or other local
governmental body or corporation, including the California State Universities (CSU) and
University of California (UC) systems, K-12 schools and community colleges empowered to
expend public funds.
Fees to Use CMAS
Local government agencies do not pay DGS an administrative fee to place an order against a
CMAS. In lieu of this fee paid by the local government agency, the selling CMAS contractor pays
DGS a 1.25% incentive fee.
Agency Responsibilities
Each agency is responsible for its own contracting program and purchasing decisions,
including use of the CMAS program and associated outcomes.
Successful CMAS transactions are the responsibility of the ordering agency. It is also the
responsibility of each agency to consult as applicable with legal staff and contracting offices for
advice depending upon the scope or complexity of the purchase order.
Method of Establishing a CMAS
A CMAS is not established through a competitive bid process conducted by the State of
California. It is because of this that all pricing, products and/or services offered must have been
previously bid and awarded on a Federal General Services Administration (GSA) multiple award
schedule.
To apply for a CMAS, a contractor must offer to provide products and/or services at prices based
on an existing GSA schedule. The GSA schedule is referred to as the “base” contract. The State
of California adds standard contract terms and conditions and procurement codes, policies and
guidelines, which result in the award of a CMAS.
For clarity, the CMAS Program does not “use” the GSA schedule. Instead, the CMAS Unit
establishes a totally independent California agreement for the same products and services at
equal or lower prices.
Continued on next page
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SECTION 1 – OVERVIEW, Continued
What is Included?
CMAS agreements are established for information technology and non- information technology
products and services that have been competitively assessed, negotiated, or bid primarily by the
federal GSA, but not exclusively.
The awarded CMAS is structured to comply with California procurement codes, guidelines, and
policies, and provide for the highest level of contractual protection.
What is Excluded?
The following Non-IT services are examples of services not available on the CMAS program:
• Architectural, Engineering, and Environmental Services (Government Code (GC) § 4525)
• Financial Audits (Government Code (GC) § 8546.4(e))
• Legal Services (Government Code (GC) § 11040)
• Public Works (Public Contract Code (PCC) § 1101)
• Facility Planning, Registered Nursing, & Security Guard Services (by CMAS Policy)
Contractor’s Option to Allow Use of Their CMAS
As specified in the CMAS, it is at the option of the CMAS contractor whether or not to allow local
government agencies to use their CMAS.
CMAS contractors must report all local government agency transactions in their quarterly reports.
How to Contact CMAS
Department of General Services
Procurement Division – CMAS Unit
707 Third Street, Second Floor, MS 2-202
West Sacramento, California 95605
Phone: (916) 375-4365
E-mail: c[email protected].gov
CMAS Website: www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-
List/Acquisitions/California-Multiple-Award-Schedules
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SECTION 2 – USE OF CMAS
CMAS is Optional
The CMAS Program is a procurement option. It is not mandatory that Local Government
Agencies use CMAS.
Search for a CMAS
Agencies can use the CMAS website to search for CMAS contractors by company name, or by
CMAS product/service description. Go to www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-
Intro-Accordion-List/Acquisitions/California-Multiple-Award-Schedules, then select “Find a CMAS
Contractor” under the Services For Government heading. Instructions for searching the CMAS
website are available in Attachment A of this guide.
Copies of a CMAS can be obtained at caleprocure.ca.gov.
Seeking Multiple Offers
When using CMAS as a procurement method, State agencies are required to seek offers from a
minimum of 3 CMAS contractors, including one California Certified SB and/or DVBE (if available).
Local government agencies are not bound by this requirement, and can set their own policy of
how many contractors to solicit.
Request for Offer
Do not refer to the CMAS transaction as a bid. This is not a competitive bid transaction so small
business preferences, protest language, intents to award, evaluation criteria, advertising, etc. are
not applicable. Refer to the CMAS transaction as a “Request for Offer” (RFO).
The agency must develop an RFO identifying their needs and requirements for the purchase. The
RFO could be simple for a product, or more detailed and contain a Statement of Work (SOW) for
a services project. For information regarding the preparation of a SOW and some SOW samples,
go to the CMAS website: www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-
List/Acquisitions/California-Multiple-Award-Schedules, then select “Statement of Work
Information” under the Resources heading.
Sections 4 and 9 of this guide may apply to the development of an RFO.
The RFO can be mailed, faxed, or e-mailed to the selected CMAS contractors. In the case of a
simple product purchase, the agency offer and CMAS contractor quote can be verbal.
Copy of a CMAS
Copies of a CMAS can be obtained at caleprocure.ca.gov. A complete copy of a CMAS consists
of the following:
• CMAS cover page (which includes the signature page, ordering instructions and special
provisions, and any attachments or exhibits as prepared by the CMAS Unit)
• CMAS Terms and Conditions
• Federal GSA (or Non-GSA) terms and conditions
• Product/service listing and prices
• Supplements, if applicable
Continued on next page
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SECTION 2 – USE OF CMAS, Continued
Best Value Determination
The award of all CMAS transactions is based on best value criteria. Best value constitutes
whatever the agency determines to be most critical to ensure that its business needs and goals
are effectively met and they obtain the most value.
For more information, see Public Contract Code (PCC) § 12100.7(e) and Section 5 of this guide.
Protests
California code does not provide for formal protest of CMAS transactions. The individual ordering
agency handles any informal complaints.
Legal Counsel
It is the responsibility of each using agency to consult, as applicable, with their legal staff and
contracting offices for advice depending upon the scope or complexity of their purchase.
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SECTION 3 – PURCHASE ORDER PROCEDURES
Purchase Order Limits
CMAS agreements have set maximum order limits for State agencies. Local government
agencies are subject to their own procurement policies and procedures, and therefore set their
own purchase order limits.
Purchase Order Form
Local government agencies may use their own purchase order forms (in lieu of the State’s
purchase order form), and shall issue it directly to the CMAS contractor via mail or fax. Local
government agencies may also transact in FI$Cal.
Purchase Order Amendments
When the agency determines that the purchase order is incorrect for any reason, they should first
contact the CMAS contractor and then issue an amendment to correct the purchase order as
soon as possible (preferably before delivery of the products and/or services).
Purchase order amendments cannot be issued after the base CMAS expires.
For amendments, the agency uses the same agency order number as the original purchase
order, with an amendment #
The CMAS contractor is required to immediately reject purchase orders that are not accurate.
Purchase Order Termination
The only provisions for early termination of a purchase order are in the CMAS Terms &
Conditions identified below:
• Termination for Convenience (also see Stop Work)
• Termination for Default
• Termination for Funding
Agencies may negotiate a termination provision into the purchase order before issuance. The
CMAS contractor is not legally obligated to accept increased risk.
Delivery of Products and Services
The purchase order must be issued before the CMAS expires.
However, delivery of the products or completion of the services may be after the expiration of the
CMAS, as specified in the purchase order.
Substantiate CMAS is Valid
Prior to issuing an order, agencies should check the CMAS website
(www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-
List/Acquisitions/California-Multiple-Award-Schedule, select “Find a CMAS Contractor”) to
substantiate the CMAS is still active.
A CMAS can also be searched for at caleprocure.ca.gov.
Continued on next page
CMAS LOCAL GOVERNMENT AGENCY GUIDE
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SECTION 3 – PURCHASE ORDER PROCEDURES, Continued
Multiple Contracts - One Purchase Order Form
Agencies wishing to include multiple CMAS contracts on a single purchase order must adhere to
the following guidelines:
• All CMAS must be for the same CMAS contractor.
• The purchase order must go to one contractor location.
• Write the word “CMAS” in the space usually reserved for the contract number. On the
purchase order, this is at the top of the form. The word “CMAS” signifies that the
purchase order contains items from multiple CMAS.
• For each individual CMAS (as differentiated by alpha suffix), the agency must identify and
group together the CMAS number with the line items and subtotal per CMAS number (do
not include tax in the subtotal), and sequentially identify each individual CMAS as Sub
#1, Sub #2, Sub #3, etc. This facilitates accurate billing of administrative fees by the
Procurement Division.
• The total of all items on the purchase order must not exceed the purchase order limit
identified in the CMAS.
• Do not combine items from both non-IT and Information Technology CMAS(s). A non-IT
CMAS begins with the number “4” and an Information Technology CMAS begins with the
number “3.” The purchase order limits are different for these two types of CMAS.
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August 2019 11
SECTION 4 – CONTRACT CONSIDERATIONS
CMAS Numbers
The numbers in a CMAS number are significant as follows:
• CMAS numbers beginning with a 3 are for information technology products and/or
services.
• CMAS numbers beginning with a 4 are for non-information technology products.
Why Does Agency Need a Copy of a CMAS?
A copy is needed to:
• Determine warranties, guarantees, maintenance provisions, product return policies, bond
requirements, travel costs, etc.
• Determine if products and services are available on the CMAS
• Determine which products and/or services are specifically excluded
• Determine if prices quoted are at or below base contract rates
• Determine if additional approvals, forms, filings, etc. are required
• Substantiate that the contractor is certified as a small business
• Substantiate that the contractor has a valid Seller’s Permit
• Substantiate that the contractor has a valid Contractor’s License
Small/Disabled Veteran Business Certification and Status Verification
The CMAS Search lists CMAS contractors who are Small Businesses and Disabled Veteran
Business Enterprises (SB/DVBE) that have been certified by the Office of Small Business and
DVBE Services (OSDS).
The CMAS Unit substantiates that the CMAS contractor is certified as a SB or DVBE when the
CMAS is awarded. The CMAS indicates the certification number and the date the certification
expires.
Before issuing the purchase order, the ordering agency must verify the CMAS contractor’s
SB/DVBE status by contacting OSDS at (916) 375-4940 or by searching for the CMAS
contractor’s SB/DVBE certification at caleprocure.ca.gov.
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 RFO and purchase order to be applicable.
Continued on next page
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SECTION 4 – CONTRACT CONSIDERATIONS, Continued
Public Works - Bond Requirements
Prior to the commencement of performance, the CMAS contractor must obtain and provide to the
ordering agency, 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 purchase order price. Forms shall be provided to
the CMAS contractor by the ordering agency. See the General Terms and Conditions, CMAS
Public Works Requirements.
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. Agencies wishing to allow progress payments for services are required to adhere
to the following guidelines.
a. Special Information Technology Products and/or Services
Any contract for information technology products and/or services (Public Contract Code
(PCC) § 12112), to be manufactured or performed by the CMAS contractor especially for
the State and not suitable for sale to others in the ordinary course of the CMAS
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 by the CMAS contractor, provided that not less than 10
percent of the contract price is required to be withheld until final delivery and acceptance.
Interim risk assessment guidelines and financial protection measures are detailed in
Public Contract Code (PCC) § 12112 for agencies to use to determine the applicability to
their projects.
b. Special Goods
Any contract for goods (Public Contract Code (PCC) § 10314) to be manufactured or
performed by the CMAS contractor especially for the State and not suitable for sale to
others in the ordinary course of the CMAS 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 by the CMAS contractor,
provided that not less than 10 percent of the purchase order price is required to be
withheld until final delivery and acceptance of the goods or services, and provided
further, that the CMAS 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 CMAS
contractor.
Continued on next page
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SECTION 4 – CONTRACT CONSIDERATIONS, Continued
Progress Payments, Continued
c. Non-Information Technology Services
Any contract for non-information technology services (Public Contract Code (PCC) §
10346) may provide for progress payments to CMAS 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 CMAS contractor’s invoices.
• Progress payments shall not be made in advance of services rendered.
Travel
If the CMAS provides for travel, agencies may pay travel and per diem expenses according to
their respective statutory requirements.
All travel and per diem expenses must be within CMAS parameters, and incorporated into the
agency purchase order.
It is important that the ordering agency and CMAS contractor discuss necessary travel
requirements prior to issuing the purchase order because the detail and cost (only as allowed for
in the CMAS) must be included in the agency purchase order to be payable.
Maintenance Sales Tax
The Board of Equalization has ruled that in accordance with Regulation 1546 of the Sales and
Use Tax Regulations of the Business Taxes Law Guide, that whenever optional maintenance
contracts include consumable supplies, such supplies are subject to sales tax.
Generally, the agency has two options:
1. For contracts that provide for only maintenance services (i.e., the furnishing of labor and
parts necessary to maintain equipment), the charges for the provision of maintenance
services are not taxable.
2. For contracts that provide for both maintenance services and consumable supply items
(i.e., toner, developer, and staples), the provision of the consumable supplies is
considered a taxable sale of tangible personal property. Therefore, agencies awarding
optional maintenance contracts are responsible for paying the applicable sales tax on the
consumable supplies used during the performance period of the maintenance contract.
The CMAS contractor will be required to itemize the consumables being taxed for accounting
purposes.
CMAS LOCAL GOVERNMENT AGENCY GUIDE
August 2019 14
SECTION 5 – BEST VALUE DETERMINATION
CMAS Assessment of Offers
When using the CMAS contracting process, agencies use best value criteria to assess the offers
and select the awarded contractor.
What is Best Value?
Best value is whatever the agency identifies as critical and important to the success of the
project. See Public Contract Code (PCC) § 12100.7(e)
Here are some samples of possible best value criteria:
• The price of the product or service
• The operational cost that the agency would incur
• Quality of the product or service, or its technical competency
• Reliability of delivery and implementation schedules
• Warranties, guarantees and return policy
• Supplier financial stability
• Quality and effectiveness of business solution and approach
• Industry and program experience
• Prior record of supplier performance
• Supplier expertise with engagements of similar scope and complexity
• Proven development and methodologies and tools
• Innovative use of current technologies and quality results
Determining Best Value
To determine best value, the following minimum steps are required. Agencies must:
• Define their requirements (RFO/Statement of Work)
• Obtain a copy of the CMAS from caleprocure.ca.gov
• Review the CMAS in context with agency requirements and CMAS contractor offer
• Compare offers from all CMAS contractors who responded to the RFO
Review Resumes
Before selecting a CMAS contractor for a services project, the agency must review the resumes
of all CMAS contractor personnel to ensure that the expertise, education, and experience offered
correlates with that specified in the CMAS and the requirements of the RFO.
Document Files
Follow local agency requirements for documentation of complete procurement file.
CMAS LOCAL GOVERNMENT AGENCY GUIDE
August 2019 15
SECTION 6 – PAYMENTS AND INVOICES
Fees to Use CMAS
Local government agencies do not pay DGS an administrative fee to place an order against a
CMAS. In lieu of this fee paid by the using local government agency, the selling CMAS contractor
pays DGS a 1.25% incentive fee. The 1.25% incentive fee is waived for CMAS contractors who
are California certified small businesses.
CAL-Card (Credit Card)
CAL-Card is a payment mechanism some State and local government agencies use for the
purchase of goods and services. The CMAS will stipulate whether or not the CMAS contractor
accepts payment through CAL-Card.
A purchase order document is required even when the ordering department chooses to pay the
CMAS contractor via the CAL-Card. When applicable, the purchase order should indicate if
payment was made via CAL-Card. The CMAS contractor pays DGS the 1.25% incentive fee for
all CMAS orders from local government agencies, even if payment is made via CAL-Card.
Advance Payments
It is NOT acceptable to pay for services in advance, except software maintenance and license
fees, which are considered a subscription, these services may be paid in advance if a provision
addressing payment in advance is included in the purchase order. Warranty upgrades and
extensions may also be paid for in advance, one time.
Advance payment for services is allowed by Government Code (GC) § 11019 only under limited,
narrowly defined circumstances, e.g., between specific departments and certain types of non-
profit organizations, or when paying another government agency.
Contractor Name/ Ownership Change
The company name on the CMAS, purchase order and invoice must match or the agency’s
controller’s office may not approve payment. Do not approve invoices if the company name varies
between these documents. CMAS contractors must contact the CMAS Unit to initiate a legal
name change for their CMAS.
Required Payment Date
Payment will be made in accordance with the provisions of the California Prompt Payment Act,
Government Code (GC) § 927 et. seq. Unless expressly exempted by statute, the Prompt
Payment Act requires state agencies to pay properly submitted, undisputed invoices not more
than 45 days after (i) the date of acceptance of goods or performance of services; or (ii) receipt of
an undisputed invoice, whichever is later.
Disputed invoices should be rejected and returned immediately to the CMAS contractor for
correction.
CMAS LOCAL GOVERNMENT AGENCY GUIDE
August 2019 16
SECTION 7 – USEFUL WEBSITES
Department of Tax and Fee Administration
• www.cdtfa.ca.gov
California Codes and Laws
• leginfo.legislature.ca.gov/
CMAS
• www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-
List/Acquisitions/California-Multiple-Award-Schedules
Small Business Partners
• caleprocure.ca.gov
Contractor License Status
• www.cslb.ca.gov
Department of Finance
• www.dof.ca.gov/
Federal General Services Administration (GSA) General Information
• www.gsa.gov
GSA Search
• www.gsaelibrary.gsa.gov
Governor’s Executive Orders
• www.gov.ca.gov/category/executive-orders
Office of Small Business and DVBE Services
• www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-
Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program
State Admin. Manual (SAM)
• www.dgs.ca.gov/Resources/SAM
State Contracting Manuals (SCM)
• www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-
List-Folder/State-Contracting-Manual-Volume-2-3-FI$Cal
CMAS LOCAL GOVERNMENT AGENCY GUIDE
August 2019 17
SECTION 8 – RENTAL, FINANCE AND LEASE POLICIES
State of California’s Financial Marketplace
All CMAS purchase orders may qualify for financing and leasing via the State of California’s
financial marketplace, managed by the Department of General Service’s Procurement Division.
Both programs can be found through the Procurement Division’s Home Page:
www.dgs.ca.gov/PD/About (select the Acquisitions tab, then State Financial Marketplace).
Federal Lease to Own Purchase (LTOP)
Federal Lease to Own Purchase (LTOP) and hardware rental provisions with no residual value
owed at end term are acceptable ($1 residual value at the end of the term).
This alternative financing arrangement may be faster, but a more expensive alternative to GS
$Mart™ or Lease $Mart™.
The following requirements apply to the use of any Lease to Own Purchase (LTOP) Plans.
Cancellation of a lease for lack of funds should only be done when the organization is no longer
funded. Court decisions have held that Terminations for Convenience should only be employed
when the agency no longer has a requirement for the equipment. Example: An employee has
retired and the position will not be filled so now there is a piece of equipment that is not needed.
In other words, a desire for something different, newer, or better is not a justification for the
premature cancellation of a lease.
Federal Lease Provisions
Except for LTOPS, federal GSA lease provisions are NOT acceptable and cannot be sold through
CMAS because the rates and contract terms are unacceptable.
CMAS LOCAL GOVERNMENT AGENCY GUIDE
August 2019 18
SECTION 9 – SERVICES
Definition of Personal, Consulting, and Technical Services
Personal Services – Services that have someone doing something, e.g., photography, cleaning
services, graphic design.
Consulting Services – Services of an advisory nature that provide a recommended course of
action or personal expertise (product of the mind).
Technical Services – Services providing maintenance, repair, or installation on either IT or Non-
IT equipment.
Public Works Services
Public works is defined as “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)§ 1101. Installation of physical layer cable is considered public
works. The total dollar value of all public works services included in the purchase order must not
exceed the dollar value of the products. See Section 11 for Public Works Projects.
Service and Delivery after CMAS Expires
The purchase order must be issued before the CMAS expires. However, delivery of the products
or completion of the services may be provided after the CMAS expires, as specified in the
purchase order.
Review Resumes
To ensure sufficient expertise, prior to issuing a purchase order for services, the agency is
required to review the resumes of all personnel the CMAS contractor intends to use to fulfill the
transaction.
Agencies must verify that the CMAS contractor personnel meet education and/or experience
requirements listed in the CMAS, and meet the requirements of their RFO. Agencies should also
check the resumes of any proposed substitutions to the CMAS contractor’s personnel to ensure
they meet the same requirements.
Progress Payments
Agencies wishing to allow progress payments for services must adhere to the guidelines in
Section 4, Progress Payments.
Continued on next page
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August 2019 19
SECTION 9 – SERVICES, Continued
Follow-on Contracts Prohibited
No person, firm, or subsidiary thereof who has been awarded a purchase order for consulting
services, or a purchase order that includes a consulting component, may be awarded a purchase
order for the provision of services, delivery of goods or supplies, or any other related action which
is required, suggested, or otherwise deemed appropriate as an end product of a prior purchase
order (Public Contract Code (PCC) § 10365.5).
Example: Any consultant that contracts with an agency to develop a program study or provide
formal recommendations for the acquisition of products or services is precluded from contracting
for any work recommended in the program study or the formal recommendation.
Network Design Services
All network design services must result in a hardware or software solution. Also, all network
design services performed by the CMAS contractor that include infrastructure components must
be performed by a performed by a Building Industry Consulting Service International (BICSI)
certified Registered Communications Distribution Designer (RCDD) employed either by the
CMAS contractor or subcontractor. Evidence of RCDD certification may be required by the
ordering agency.
CMAS LOCAL GOVERNMENT AGENCY GUIDE
August 2019 20
SECTION 10 – NOT SPECIFICALLY PRICED (NSP)
Open Market, Incidental, and Non- Contract Items
The only time open market/incidental, non-contract items, may be included in a CMAS purchase
order is when they fall under the parameters of the Not Specifically Priced (NSP) provision.
If the NSP provision is not included in the CMAS, or the products and/or services required do not
qualify under the following parameters, the products and/or services must be procured separate
from CMAS.
Subordinate and Peripheral
The NSP provision enables the agency to include in the purchase order non- contract products
and services that are subordinate and peripheral to the other purchase order items, as follows:
• A purchase order containing NSP items may be issued only if it results in the best value
alternative to meet agency needs.
• Any product or service already specifically priced and identified in the contract may not
be identified as a NSP item in a purchase order.
• All NSP items included in a purchase order issued against a CMAS are subject to all the
terms and conditions set forth in the CMAS.
Items Specifically Excluded
The following NSP items are specifically excluded from any purchase order issued under a
CMAS:
1. Items that are not intended for use in direct support of the CMAS priced items identified in
the same purchase order. A NSP item must be subordinate to the specifically priced item
that the NSP item is supporting.
2. Supply type items, except for the minimum amount necessary to provide initial support to
the priced CMAS items included in the same purchase order.
3. Items that do not meet the Productive Use Requirements.
4. Any other items or class of items that are specifically excluded from the scope of the
CMAS.
5. Public Works components that are not incidental to the total purchase order amount. See
Section 11, Public Works Projects.
6. Products or services the CMAS contractor is not factory authorized or otherwise certified
or trained to provide.
7. Follow-on consultant services that were previously recommended or suggested by the
same contractor.
NSP Dollar Limits
Purchase orders $250,000 or less: Total dollar value of all NSP items shall not exceed $5,000.
Purchase orders exceeding $250,000: Total dollar value of all NSP items shall not exceed 5%
of the total cost of the purchase order, or $25,000, whichever is less.
Continued on next page
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SECTION 10 – NOT SPECIFICALLY PRICED (NSP), Continued
NSP Not Available
Not all CMAS include the NSP provision. The NSP provision is included at the option of the
CMAS contractor and the CMAS Unit.
The NSP provision will not be included in a CMAS for consulting or personal services, software,
or office supplies.
Agency purchase orders for only NSP items are prohibited.
Manufacturer Authorization Required
Agencies must substantiate (through manufacturer authorizations) that the CMAS contractor is an
authorized provider of the products and product related services (maintenance, repair, etc.) that
are offered under the NSP provision.
Clearly Identify NSP
The NSP items must be separately listed and clearly identified on the purchase order.
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SECTION 11 – PUBLIC WORKS PROJECTS
Definition of a Public Works Project
Public works is defined as “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)§ 1101.
Installation of Physical Layer Cable
Installation of physical layer cable is considered public works. Agency CMAS purchase orders
may allow for public works installation only when it is incidental to the total purchase order
amount. The total dollar value of all public works services included in the purchase order must not
exceed the dollar value of the products.
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 (LC) § 1773.2, the ordering agency is responsible for determining
the appropriate craft, classification or type of worker needed for any contract for public works.
The ordering 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 or www.dir.ca.gov.
Verify Status of Contractor’s License
The CMAS Unit substantiates that the CMAS contractor holds the appropriate license when the
CMAS 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 Contractors License Board at
(800) 321-2752 or checking their website at www.cslb.ca.gov.
Prime and Subcontractors Both 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.
Bond Requirements
Public Works: Prior to the commencement of performance, the Contractor must obtain and
provide to the agency, a payment bond, on State Std. Form 807, when the contract 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 CMAS Contract General Terms and Conditions, CMAS Public Works Requirements.
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SECTION 12 – SUPPLIER COMPLIANCE
Compliance Focus
The following guidelines pertain to State agencies only and are provided for information only.
The Procurement Division, Purchasing Authority Management Section (PAMS), conducts periodic
compliance reviews of supplier’s orders. These reviews are conducted at DGS headquarters.
Local agencies may receive phone calls from PAMS regarding orders placed against a CMAS.
What is Reviewed?
CMAS contractor must have evidence of the following available for review:
• Did the CMAS contractor have an active CMAS?
• Did the ordering agency obtain a copy of the CMAS and the price pages for the items
purchased?
• Was pricing bundled?
• Are the prices, position titles, skill levels and hourly rates delineated and do they correlate
with those specified in the CMAS?
• Does the purchase order reflect the correct CMAS number?
Contractor Compliance Reviews
DGS conducts contractor compliance reviews. The agency is not involved in these reviews.
Be aware that contractors are required to return to the agency any purchase order that is non-
compliant with the provisions of the contract at which point an amendment would be required to
correct the information, or a new purchase order drafted.
The types of compliance issues reviewed are:
Overcharging: Are the products and services on the contract and delineated by
product/model, hourly rate, position title, or skill level as specified in the contract?
Price Bundling: Is each line item priced individually in the base schedule?
Have all CMAS contractor Quarterly Reports been submitted to the CMAS Unit?
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ATTACHMENT A – CMAS WEBSITE SEARCH INSTRUCTIONS
Website
Go to www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-
List/Acquisitions/California-Multiple-Award-Schedules and select “Find a CMAS Contractor,” then
search by Product/Service Description or Contractor Name.
Limited Descriptors
The CMAS database limits descriptors to a maximum of 12 CMAS Product and Service codes per
CMAS. More products and services may be available on the CMAS.
Basic Search
Search by Product/Service Description
Search by Contractor Name
Search within Results
Use the initial search results and click on Search Within Results at the top of the screen. Enter
any part or all of the CMAS Product/Service Codes to further refine your search.
Once the option has been selected, click the “SEARCH” button to execute search.
Contracts (if any found) will be displayed in a new window (click on contract number for details)
Cal eProcure
A CMAS can be searched for on the Cal eProcure website. Go to caleprocure.ca.gov and select
“Quicklinks.” Then select “View/Search Contracts.” If searching by CMAS number, the “Contract
ID” field must be utilized. If searching by CMAS contractor name, the “Vendor” field must be
utilized.
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ATTACHMENT B – AMERICANS WITH DISABILITIES ACT (ADA) NOTICE
ADA Policy
The following outlines the Department of General Services, Procurement Division, Americans
with Disabilities Act (ADA) policy for nondiscrimination on the basis of disability:
To meet and carry out compliance with the nondiscrimination requirements of the Americans with
Disabilities Act (ADA), it is the policy of the Procurement Division (within the State Department of
General Services) to make every effort to ensure that its programs, activities, and services are
available to all persons, including persons with disabilities.
Phone Numbers for Help
For persons with a disability needing a reasonable accommodation to participate in the
procurement process, or for persons having questions regarding reasonable accommodations for
the procurement process, please call the following numbers:
1. Procurement Division TTY telephone numbers
Sacramento Office: 916-376-5127
(CALNET 480-5127)
2. California Relay Service at
Voice: 1-800-735-2922, or 7-1-1
Speech to Speech Service: 1-800-854-7784
You may also directly contact the Procurement Division contact person responsible for the
procurement document.
Advance Notice
IMPORTANT: To ensure that we can meet your need, it is best that we receive your request at
least 10 working days before the scheduled event (i.e., meeting, conference, workshop, etc.) or
deadline due date for the procurement document.
