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HomeMy WebLinkAboutP-25-097 Potters Industries LLC.pdf P-25-097 Potter's Industries LLC S�PEU o q TyF March 13, 2025 Department of General Services s , 9A, Procurement Division 707 Third Street, 2nd Floor West Sacramento, CA 95605-2811 CgOFORN�P..- State of California STATEWIDE CONTRACT USER INSTRUCTIONS MANDATORY *Supplement 6* *(Incorporates Supplements 1-6)* ISSUE AND EFFECTIVE DATE: *4/30/2024* CONTRACT NUMBER: 1-22-80-01 DESCRIPTION: Glass Spheres (Beads) CONTRACTOR: Potters Industries, LLC CONTRACT TERM: 1/19/2022 through *1/18/2026* STATE CONTRACT ADMINISTRATOR: Robert Kitay (279) 946-8528 Robert.Kitay((o)-dgs.ca.gov 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 Cal eProcure link: www.caleprocure.ca.gov ORDER PLACEMENT INFORMATION Mailing Address: Fax/Email: Contact Information: Potters Industries, LLC Fax: (610) 408-9723 Potters Industries, LLC 3222 Phoenixville Pike Email: Customer Service Suite 103 customerservice(c)_pottersin Phone: Malvern, PA 19355 dustries.com (800) 522-3237 P-25-097 Potter's Industries LLC March 13, 2025 All changes to most recent Supplement are in bold red italic. Additions are enclosed in asterisks; deletions are enclosed in brackets. SUMMARY OF CHANGES Supplement Description/Articles Supplement Number Date Subject contract for Glass Spheres (Beads) is hereby modified to reflect the following *6 changes: 4/30/2024* ➢ Cover Page: Contract has been extended from 111812025 to 111812026 Subject contract for Glass Spheres (Beads) is 5 hereby modified to reflect the following changes: 4/17/2024 ➢ Section 12(A)(3): Clarify blanket purchase order pricing requirements. Subject contract for Glass Spheres (Beads) is 4 hereby modified to reflect the following changes: 1/24/2025 ➢ Front Page and Article 26: Change contract administrator. Subject contract for Glass Spheres (Beads) is hereby modified to reflect the following changes: 3 ➢ Section 35: language updated. 1/17/2024 ➢ Attachment 1, Contract Pricing has been replaced with Attachment 1, Contract Pricing, Supplement 3. Subject contract for Glass Spheres (Beads) is hereby modified to reflect the following changes: 2 ➢ Front Page and Sections 14 and 26: 6/6/2023 updated Contractor Contract Administrator information. Subject contract for Glass Spheres (Beads) is hereby modified to reflect the following changes: ➢ Table of Contents and User Instructions: 1 Added Section 34 "Bidder 3/01/2023 Declaration/Commercially Useful Function (CU F)/Certifications". ➢ Section 26: Update contact information. N/A Original Contract Posted 1/19/2022 All other terms and conditions remain the same. P-25-097 Potter's Industries LLC March 13, 2025 TABLE OF CONTENTS 1 . SCOPE .............................................................................................................................. 5 2. CONTRACT USAGE/RULES ............................................................................................ 5 3. DGS ADMINISTRATIVE FEES.......................................................................................... 6 4. SB/DVBE OFF-RAMP PROVISION................................................................................... 6 5. EXEMPT PURCHASES..................................................................................................... 6 6. PROBLEM RESOLUTION/SUPPLIER PERFORMANCE ................................................. 6 7. CONTRACT ITEMS........................................................................................................... 7 8. SPECIFICATIONS............................................................................................................. 7 9. CUSTOMER SERVICE ..................................................................................................... 7 10. PRODUCT SUBSTITUTIONS ........................................................................................... 7 11. PRICE DECLINES............................................................................................................. 7 12. PURCHASE EXECUTION................................................................................................. 7 13. MINIMUM ORDER............................................................................................................. 9 14. ORDERING PROCEDURE ............................................................................................... 9 15. ORDER ACCEPTANCE .................................................................................................... 9 16. ORDER RECEIPT CONFIRMATION............................................................................... 10 17. OUT OF STOCK REMEDY ............................................................................................. 10 18. DELIVERY SCHEDULES ................................................................................................ 10 19. FREE ON BOARD (F.O.B.) DESTINATION .................................................................... 11 20. PALLETS......................................................................................................................... 11 21. SHIPPED ORDERS......................................................................................................... 11 22. PACKING SLIP................................................................................................................ 12 23. PACKING LABEL ............................................................................................................ 12 24. SAFETY DATA SHEET ................................................................................................... 12 25. INSPECTION AND ACCEPTANCE................................................................................. 12 26. CONTRACT ADMINISTRATION ..................................................................................... 12 27. INVOICING...................................................................................................................... 13 28. PAYMENT ....................................................................................................................... 13 29. CAL-CARD INVOICING................................................................................................... 14 30. CALIFORNIA SELLER'S PERMIT.................................................................................. 14 31. WARRANTY.................................................................................................................... 15 32. RECYCLED CONTENT................................................................................................... 15 P-25-097 Potter's Industries LLC March 13, 2025 33. SB/DVBE PARTICIPATION............................................................................................. 15 34. BIDDER DECLARATION/COMMERCIALLY USEFUL FUNCTION (CUF)/ CERTIFICATIONS..................................................................................................................... 15 35. ATTACHMENTS.............................................................................................................. 15 P-25-097 Potter's Industries LLC March 13, 2025 1. SCOPE The State's contract with Potters Industries, LLC (Contractor) provides Glass Spheres (Beads) at contracted pricing to the State of California and local governmental agencies in accordance with the requirements of Contract# 1-22-80-01. 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 Glass Spheres (Beads) 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. 2. CONTRACT USAGE/RULES A. State Departments • The use of this contract is 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(a-_)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. B. 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. P-25-097 Potter's Industries LLC March 13, 2025 • 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. C. 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. 3. DGS ADMINISTRATIVE FEES A. 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). B. 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. 4. SB/DVBE OFF-RAMP PROVISION There is no SB/DVBE off ramp associated with this contract. 5. EXEMPT PURCHASES There are no exempt purchases associated with this contract. 6. 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, P-25-097 Potter's Industries LLC March 13, 2025 outstanding deliveries, etc. The ordering agency should include all relevant information and/or documentation (e.g., purchase documents). 7. CONTRACT ITEMS All products offered are listed on Attachment 1 — Contract Pricing. 8. SPECIFICATIONS All products listed on Attachment 1, Contract Pricing, conform to Attachment 2, Bid Specification Number 9340-5671, Rev 1, dated October 1, 2021. 9. CUSTOMER SERVICE Contractor will provide office and personnel resources for responding to requests, including telephone coverage weekdays during the hours of 8:00 AM through 5:00 PM (PT). Contact Phone Email Customer Service (800) 552-3237 customerservice(a�-pottersindustries.com 10.PRODUCT SUBSTITUTIONS Product substitution shall be in accordance with the General Provisions (rev 06/08/10), Article 16 entitled "Substitutions". 11.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. 12.PURCHASE EXECUTION A. State Departments 1) Std. 65 Purchase Documents State departments not transacting in FISCAL 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: 0 Agency Order Number (Purchase Order Number) P-25-097 Potter's Industries LLC March 13, 2025 • 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 2) FISCAL Purchase Documents State departments transacting in FISCAL will follow the FISCAL procurement and contracting procedures. 3) Blanket Orders The use of blanket purchase orders against this statewide contract will be allowed only by Caltrans. Blanket purchase orders must adhere to the following guidelines: a. If the purchase crosses into a different Fiscal Year (FY), the ordering entity must warrant they have budget authority for the expenditure. b. The order is only used for items on the contract. c. The order does not exceed the contract period. d. All orders placed against the blanket purchase order must be in writing. e. When funds are exhausted a new order is issued. f. The order is issued only to one (1) contract supplier. g. All orders placed against the blanket purchase order (BPO) shall be invoiced at the current contract price at the time the individual order is placed. BPOs should not include a contract unit price; however, if the BPO specifies a contract unit price an amendment to the BPO is required if a supplement is issued changing the contract price. B. 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). P-25-097 Potter's Industries LLC March 13, 2025 13.MINIMUM ORDER The minimum order shall be one (1) of the following: • One (1) pallet of forty-eight (48) 50-pound bags • One (1) pallet of four (4) 550-pound drums • One (1) palletized 2,200-pound tote 14.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 U.S. Mail: Potters Industries, LLC 3222 Phoenixville Facsimile: Email: Pike (610) 408-9723 customerserviceCc)-pottersindustries.com Suite 103 Malvern, PA 19355 When using any of the ordering methods specified above, all State departments must conform to proper State procedures. 15.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. P-25-097 Potter's Industries LLC March 13, 2025 16.ORDER RECEIPT CONFIRMATION The Contractor will provide ordering agencies with an email or facsimile order receipt confirmation within two (2) business days of receipt of purchase document. The Order Receipt Confirmation shall include the following information: • Ordering agency name • Agency order number (purchase order number) • Purchase order total cost • Anticipated delivery date 17.OUT OF STOCK REMEDY Upon receipt of an order acknowledgment identifying out of stock items, the ordering agencies shall have the following options: • Request a back order • Cancel the item from the order with no penalty The Contractor will provide notification to the ordering agencies regarding out-of-stock items which have been back ordered. Under no circumstance is the Contractor permitted to make substitutions with non-contract items or unauthorized products. 18.DELIVERY SCHEDULES Delivery for orders placed against this contract shall be in accordance with the following: A. Locations Deliveries are to be made (statewide) to the location specified on the individual purchase order, which may include, but not limited to inside buildings, service yards, and receiving docks. B. Quality Assurance Provision All lots of Glass Spheres (Beads) intended for shipment are subject to quality assurance provisions per Attachment 2 — Specifications 9340-5671, Rev 1, dated October 1, 2021. C. Schedule Delivery of ordered product shall be completed in full within fifteen (15) working days after receipt of an order (ARO). Since receiving hours for each ordering agency will vary by facility, it will be the Contractor's responsibility to check with each ordering agency for their specific delivery hours before delivery occurs. The Contractor must P-25-097 Potter's Industries LLC March 13, 2025 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 Receipt Confirmation. The 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 PT. D. Security Requirements Deliveries may be made to locations inside secure grounds that require prior clearances to be made for delivery drivers. Security procedures may vary from facility to facility. The Contractor will be responsible for contacting the secure location for security 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 secure grounds may be cause for contract default. 19.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. 20.PALLETS All pallets employed in the delivery of goods must conform to Attachment 2 — Specification Number 9340-5671, Rev 1, dated October 1, 2021, and Attachment 3 — Specification Number 3990-01A-01, Rev 1, dated February 10, 2020. Exchange pallets may be available; however, the State assumes no responsibility for the availability to exchange pallets. Delivery drivers shall not remove more pallets from the location than delivering at time of delivery. 21.SHIPPED ORDERS All shipments must comply with Non-IT General Provisions (rev 06/08/2010, Paragraph 12 entitled "Packing and Shipment.") and Attachment 2 — Specification Number 9340-5671, Rev 1, dated October 1, 2021. P-25-097 Potter's Industries LLC March 13, 2025 22.PACKING SLIP A packing slip will be included with each shipment, which will include at least the following information in no particular order: • Agency order number (purchase order number) • Ordering agency name • Line-item description • Quantity ordered • Quantity included in shipment • Any back ordered or out of stock items and availability date of unfilled and partial shipment • Number of parcels • Destination • All information contained on the packing label 23.PACKING LABEL A packing label, visible on the outside of the box, will be included with each order shipped in accordance with Attachment 2 — Specification Number 9340-5671, Rev 1, dated October 1, 2021. The label will also include the following items: • Ordering agency name • Delivery address, unit, and/or floor • Department and floor • Ordering agency contact name • Ordering agency telephone number 24.SAFETY DATA SHEET The Contractor shall provide a Safety Data Sheet for product(s) subject to Title 8 of the California Code of Regulations, Section 5194, Hazard Communication. The Safety Data Sheet is to be prepared and delivered in accordance with this Section. 25.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. 26.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. P-25-097 Potter's Industries LLC March 13, 2025 Administrator I DGS-PD I Potters Industries, LLC Information Contact Robert Kitay I Becky Tarkenton Name: Telephone: 279 946-8528 445 895-3236 Facsimile: N/A 610 672-9904 Email: Robert.Kitay(a-)_dgs.ca.gov Becky.Tarkenton(cD_pottersindustries.com Address: DGS/Procurement Division Potters Industries, LLC Attn: Robert Kitay Attn: Becky Tarkenton 707 Third Street, 2nd Floor, 3222 Phoenixville Pike, Suite 103 MS 201 Malvern, PA 19355 West Sacramento, CA 95605 27.INVOICING Ordering agencies may require separate invoicing, as specified by each ordering agency. Invoices will contain the following information: • Contractor's name, address and telephone number • Leveraged Procurement Agreement Number (Contract Number) • Agency order number (purchase order number) • Item and commodity code number • Quantity purchased • Contract price and extension • State sales and/or use tax • Prompt payment discounts/cash discounts, if applicable • Totals for each order 28.PAYMENT A. 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. P-25-097 Potter's Industries LLC March 13, 2025 B. CAL-Card Use State departments may use the CAL-Card for the payment of invoices. Use of the CAL-Card requires the execution of a Purchasing Authority Purchase Order (Std. 65) in accordance with Article 12, Purchase Execution and must include all required documentation applicable to the purchase. The CAL-Card is a payment mechanism, not a procurement approach and, therefore, does not relieve State departments from adhering to all procurement laws, regulations, policies, procedures, and best practices, including those discussed in the State Contracting Manual (SCM) Volume 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. C. 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. D. 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. 29.CAL-CARD INVOICING All CAL-Card invoices are to be processed separately from other payment methods and include the elements identified in Article 27, 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). 30.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. P-25-097 Potter's Industries LLC March 13, 2025 State departments must adhere to the file documentation identified in the State Contracting Manual Volume 2. Contractor Name Seller Permit # Potters Industries, LLC 100-380884 31.WARRANTY Warranty requirements shall be in accordance the General Provisions, Article 19 entitled "Warranty". 32.RECYCLED CONTENT There is no recycled content associated with this contract. 33.SB/DVBE PARTICIPATION There is no Small Business (SB) or Disabled Veteran Business Enterprise (DVBE) participation for this contract. 34.BIDDER DECLARATION/COMMERCIALLY USEFUL FUNCTION (CUF)/ CERTIFICATIONS The DGS-PD, as the awarding department, has assessed the Contractor certifications, (i.e. Darfur, Russian Sanctions, SB/DVBE, etc.), Bidder Declaration, and CUF during the solicitation evaluation process. Consequently, when executing purchase documents pursuant to this contract, it is not necessary for State departments operating under statewide contract purchasing authority to request the completion of State required certifications, a Bidder Declaration document, or perform additional CUF analysis. The State department should make a notation of this within their procurement file. 35.ATTACHMENTS Attachment 1 — Contract Pricing, Supplement 3 Attachment 2 — Specification Number 9340-5671, Rev 1, dated October 1, 2021 Attachment 3 — Specification Number 3990-01A-01, Rev 1, dated February 10, 2020 P-25-097 Potter's Industries, LLC March 13, 2025 The County of Fresno (County) hereby contracts with Potter's Industries, LLC (Contractor)to acquire Glass Spheres (Beads) in accordance with the Stare Contract 1-22-80-01 by this reference made a part hereof. TERM: This Agreement shall become effective March 13, 2025 and shall remain in effect through January 18, 2026. EXTENSION: This Agreement may be extended for one (1) additional one (1)year period by the mutual written consent of all parties in accordance with the extension clause as stated State Contract 1-22-80- 01. ORDERS: Orders will be placed on an as-needed basis by Public Works and Planning under this contract. MAXIMUM: In no event shall services performed and/or fees paid under P-25-097 be in excess of one hundred twenty-six thousand nine hundred sixty-five dollars and six cents ($126,965.06). Dated: March 13, 2025 Riley Blackburn Date:2025.03.1413:37:32a0700' Riley Blackburn Purchasing Manager 333 W. Pontiac Way Clovis, CA 93612 CONTRACTOR TO COMPLETE: Company: Potters Industries, LLC Type of Entity: ❑ Individual 9 Limited Liability Company ❑ Sole Proprietorship ❑ Limited Liability Partnership ❑ ❑ Corporation General Partnership Becky Tarkenton, Bid Print Name &Title: Administrator Print Name &Title: Digitally signed by Becky Beck Tarkenton Tarkenton Y Date:2025.03.1410:59:57 Signature: -04,00, Signature: ACCOUNTING USE ONLY ORG No.: 45104514 Account No.: 7260 Requisition No.: 5142500045