State of California
Department of General Services
|The Basis for CMAS Contracts||The State of California establishes multiple award contracts in accordance with Public Contract Code Sections 10290 et seq. and 12101.5. CMAS contracts are not established through a competitive bid process conducted by the State of California. Because of this, all pricing, products and/or services offered must have been previously bid and awarded on a Federal GSA schedule. To summarize, the [potential CMAS] contractor offers to provide products and/or services at prices based on an existing Federal GSA multiple award schedule. This 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 results in a CMAS contract. For clarity, the CMAS Program does not “use” the GSA Authorized Federal Supply Service Schedule. Instead, we establish a totally independent California contract for the sameproducts and services at equal or lower prices. Once a CMAS contract is issued, the Contractor markets and distributes the contract, and provides CMAS with quarterly reports of all sales transactions.|
|Definition of Multiple Award Contract||A multiple award contract is one that is awarded to two or more contractors for the same or similar products and/or services at the same or similar prices. Multiple award does not pertain to the number of buyers who would be ordering from the contract, but rather the number of contractors receiving an award from a common bid process.|
|CMAS Contract Term||The term of a CMAS contract begins upon award by the CMAS Unit, and technically expires on the same date as the referenced Federal GSA schedule, however, we add three months to the GSA schedule end date to allow time for processing the CMAS contract renewal or extension.
CMAS contract renewals/extensions do not occur automatically when the term of the base GSA schedule is renewed or extended. It is the responsibility of the CMAS contractor to request the renewal or extension. (Refer to the CMAS Contract Management and Information Guide for renewal/extension information.)
|CMAS Contract Offer||Contractors can offer products, services, and prices from their own Federal GSA schedule. In addition, contractors can also offer products, services, and prices from a Federal GSA schedule held by another company. In this scenario, however, the contractor must provide written substantiation that they are:
|Who Can Use CMAS Contracts?||State and local government agencies may use CMAS contracts unless the contractor explicitly stipulates in their CMAS contract offer that the contract is not available to local governments. A local government agency is any city, county, district, or other local governmental body, including the California State University (CSU) and University of California (UC) systems, K-12 public schools and community colleges empowered to expend public funds.|
|CMAS contracts are established for both information technology and non-information technology products and services.|
|The following products and services are not available through the CMAS program:
Products and Services from Other DGS-Procurement Division Contracts Products, services and prices from an existing CMAS contract, statewide or master contract, or strategically sourced contract awarded by the DGS Procurement Division cannot be used as the basis of a CMAS contract offer.Facility Planning, Registered Nursing, and Security Guard Services. By CMAS policy, the services noted cannot be procured via a CMAS contract.Architectural, Construction, Engineering, and Environmental Services. Services are not allowed on CMAS that are required by law to be performed by a licensed architect, licensed registered engineer, licensed landscape architect, construction project manager, licensed land surveyor, or environmental services as defined in Government Code 4525. One exception is that the service of third party verification of greenhouse gas emission reports for existing facilities and operations is available on the CMAS Program.If you have questions about Architectural, Construction, Engineering, and Environmental Services, the Department of General Services (DGS), Real Estate Services Division (RESD) can be contacted at (916) 376-1752.Financial Audits – Government Code 8546.4(e) requires prior written approval from the State Controller and the Director of Finance for state agencies entering into contracts for financial auditing services. The approval shall state the reason for the contract and shall be filed with the State Auditor at least 30 days prior to the award of the contract.Legal Services – Contracting for legal services by state agencies is controlled by statute (GC 11040) and requires Attorney General approval prior to entering into contracts with outside counsel. Additionally, Article VII of the California Constitution requires that state legal work be performed by state employees, absent limited exceptions (Government Code 19130). There are also policy-based approval requirements for all Executive Branch agencies that control the use of private counsel.Public Works – Public works projects involve erection, construction, alteration, repair or improvement of a public structure as defined in Public Contract Code 1101. See the State Contracting Manual, Volume I, Sections 10 and 11 and the CMAS Contract Management and Information Guide for information on Public Works projects.The DGS Real Estate Services Division (RESD) should be contacted for information on these types of transactions. For Architectural and Engineering, contact 916/376-1752. For Public Works, contact 916/376-1768.