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Model Language

Model Language is to be used for all commodity and Information Technology (IT) contracts. 

NOTE:
If the contract you are developing is for non-Information Technology services, please refer to the Department of General Services' Office of Legal Services guidelines.

Before Using Model Contract Language
The DGS Procurement Division has authority for the statewide procurement of materials, supplies and equipment (commodities) and Information Technology (IT) goods and services. This authority may be delegated to other State agencies with specific conditions of the delegation. All Procurement Division buyers and State agencies buying under delegation should use the standard contract formats established by the Procurement Division.
 
Bidder Instructions, found in the Model Solicitation Documents section below, tell potential bidders how to provide a responsive bid to the State, but do not duplicate provisions that will be part of the resulting contract. When creating solicitations, buyers should use the standard form for Bidder Instructions and include any additional bidder instructions as a supplement, in order to tailor the instructions to the specific transaction.
 
Solicitations should also include a sample contract or contract provisions, including General Provisions, which bidders will review when determining how the contractual agreement between the parties will be structured. A Statement of Work, also listed in the Model Solicitation Documents section below, should be included to complete the contract, and additional general or special provisions tailored for the specific transaction can be added.
 
And last, General Provisions, in the Model Contract Language section below, should be included in all commodities and IT contracts.  
Model Contract Language
The General Provisions are to be included in all commodities and IT contracts in excess of $5,000. 
 
Required Clauses for Transaction Less Than $5,000:
 
The DGS-PD recommends that departments use the State's General Provisions on transactions valued less than $5,000.  If departments elect not to include and/or reference the General Provisions, then the department is required to obtain written confirmation, prior to award, that the supplier will abide by the following required contract provisions:

  • American with Disabilities Act (ADA)
  • Non-discrimination and Statement of Compliance
  • Drug-Free Workplace Certification
  • Forced, Convict & Indentured Labor
  • National Labor Relations Board Certification
 
The Statement of Work defines the roles and responsibilities of the State and the Contractor. It is to include items such as Delivery and Installation, Acceptance Testing, Warranty terms in excess of those in the General Provisions, etc.  Refer to the State Contracting Manual (SCM), Volume 2 (SCM), Section 2.B4.0 (non-IT SOW) or State Contracting Manual (SCM), Volume 3 (SCM), Section 2.B5.0 (IT SOW), for further information on the development of the Statement of Work.
 
Additionally, any user Special Provisions are to be included as an attachment to the contract.
 
Model Bidder Instructions
Bidder Instructions are used in ALL commodity contracts. While the Bidder Instructions may be used for informal (<$1,000,000) Information Technology (IT) solicitations, the model Section II, Rules Governing Competition, will replace the Bidder Instructions in formal ($1,000,000+) IT solicitations. 

NOTE:  As the Bidder Instructions are revised, new effective dates will be used; old forms will continue to be maintained since they continue to apply to those solicitations containing them.

Current Bidder Instructions:
 
Bidder Instructions (GSPD-451) (PDF) - Updated November 9, 2011
Bidder Instructions (GSPD-451) (MS Word) - Updated November 9, 2011

PRIOR VERSIONS:
 
Bidder Instructions (GSPD-451) (PDF) - effective July 1, 2010
Bidder Instructions (GSPD-451) (MS Word) - effective July 1, 2010
Bidder Instructions (GSPD-451) (PDF) - effective August 3, 2007
Bidder Instructions (GSPD-451) (MS Word) - effective August 3, 2007
Bidder Instructions (GSPD-451) (PDF) - effective November 17, 2006
Bidder Instructions (GSPD-451) (MS Word) - effective November 17, 2006
Bidder Instructions (GSPD-451) (PDF) - effective September 28, 2006
Bidder Instructions (GSPD-451) (MS Word) - effective  September 28, 2006
Bidder Instructions (GSPD-451) (MS Word) - effective September 10, 2004
Bidder Instructions (GSPD-451) (MS Word) - effective April 30, 2004 
Bidder Instructions (GSPD-451) (MS Word) - effective April 26, 2004
Bidder Instructions (GSPD-451) (MS Word) - effective January 1, 2004
Bidder Instructions (GSPD-451) (MS Word) - effective October 10, 2003
Bidder Instructions (GSPD-451) (MS Word) - effective January 21, 2003
Bidder Instructions (GSPD-451) (MS Word) - effective August 1, 2002
Bidder Instructions (GSPD-451) (MS Word) - effective March 26, 2002
Bidder Instructions (GSPD-451) (MS Word) - effective January 1, 2001
Bidder Instructions (GSPD-451) (MS Word) - effective March 27, 2000
Bidder Instructions (GSPD-450) (MS Word) - effective January 1, 1999
General Provisions (IT & Non-IT)
GENERAL PROVISIONS
When to Use General Provisions (IT and Non-IT) Use the preprinted forms for General Provisions in:  
  • All commodity solicitations and purchase orders (written or verbal) valued in excess of $4,999.99.
  • All IT solicitations, purchase orders, and contracts (written or verbal) valued in excess of $4,999.99.

There are to be absolutely no changes made to the General Provisions without prior approval of DGS PD. Should you have a need to do so, these General Provisions may be supplemented with additional provisions tailored to the specific solicitation. The current 11/27/13 version GSPD-401-IT, and 06/08/10 GSPD-401 Non-IT and prior versions are available for viewing and downloading (read only) below.

The 11/27/13 version of the GSPD-401-IT and the 06/08/10 version of the GSPD-401-Non-IT may be incorporated by reference into solicitations and contracts effective immediately. As the General Provisions are revised, new effective dates will be used; old forms will continue to be maintained since they continue to apply to those solicitations and contracts which used them.

The following is a list of General Provisions along with the changes made to each version.  Each version of the General provisions has an accessible version with larger fonts and single column format.  

Current IT General Provisions


Current General Provisions (Non-IT Commodities)


This version includes the following updates:

  • 7.b COMPLIANCE WITH STATUTES AND REGULATIONS:
    Item was revised to reflect the new dollar threshold of $554,000.

  • 55. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
    Item was added as required by law. For specific language, refer to the GSPD-401-Non-IT at the web link above.

  • 56. LOSS LEADER:
    Item was added as required by law. It is unlawful for any person engaged in business within this state to sell or use any article or product as a "loss leader" as defined in Section 17030 of the Business and Professions Code. (PCC 10302(b).)

  • Multiple changes from "contract" to "Contract", "contractor" to "Contractor", and "goods" to "Goods" to reflect the defined terms in paragraph 1 of the General Provisions.

ARCHIVE SECTION

IT General Provisions - 06-08-2010

 

IT General Provisions - 04-12-2007

 


This version includes the following update:

  • 58. DOMESTIC PARTNERS: modified language

IT General Provisions - 06-21-2006


This version includes the following updates:   

  • 16.e INSPECTION, ACCEPTANCE AND REJECTION: Modified language - changed from sixty(60) to thirty (30) days of delivery.
  • 18.a WARRANTY: Modified language
  • 24. FORCE MAJEURE: Deleted language "unless the subcontracted Deliverables or services were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule."

IT General Provisions - 05-19-2006


IT General Provisions - 03-27-2006


IT General Provisions - 10-03-2005


IT General Provisions - 08-16-2004


IT General Provisions - 04-26-2004


IT General Provisions - 01-01-2004


IT General Provisions - 09-23-2003


IT General Provisions - 01-21-2003


NON - IT General Provisions

NON - IT IT General Provisions - 04-12-2007



This version includes the following updates:


  • 17.e INSPECTION, ACCEPTANCE AND REJECTION:
    Modified language - added capability to identify a different rejection period in the statement of work.
  • 54. DOMESTIC PARTNERS: modified language

NON - IT IT General Provisions - 06-21-2006


This version includes the following updates:

  • 25. FORCE MAJEURE:
    Deleted language "unless the subcontracted Deliverables or services were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule."

NON - IT IT General Provisions - 03-27-2006

 

NON - IT IT General Provisions - 10-03-2005

 

NON - IT IT General Provisions - 08-16-2004

 

NON - IT IT General Provisions - 04-26-2004

 

NON - IT IT General Provisions - 01-21-2003

IT Modules (Special Provisions)

  INFORMATION TECHNOLOGY CONTRACT MODULES 

  For Special Provisions used prior to 11/27/13, use the links below:    
  Note: These provisions have been incorporated in the published IT General Provisions (GSPD-401IT) revised 11/27/13.

For Special Provisions used prior to 02/8/07,  use the link below:

For Special Provisions used prior to 01/21/03,  use the link below:   

The Procurement Division (PD) has developed information technology (IT) model contracts for ease of use. It is Procurement Division's recommendation that you use these modules, combined with the current General Provisions and a well-developed Statement of Work, in all IT solicitations and contracts regardless of dollar value.

In developing an IT contract, include the Information Technology General Provisions, thereafter, select and use only those modules (Special Provisions) required for the transaction at hand. For instance, if you are acquiring personal services, the contract would include the IT General Provisions and the Personal Services Special Provisions. Additionally, develop a Statement of Work tailored to the transaction, describing Contractor and State responsibilities, contract duration, tasks to be performed, how payment is to be made, etc. The Statement of Work now includes many of the provisions formerly included in prior model contracts, i.e., Rider B and Rider C equipment and software listings, delivery and installation information (schedules and costs), acceptance testing criteria, specific maintenance requirements (response times, escalation procedures), etc.

To use the new modules, select the Special Provisions applicable to the transaction and either incorporate them by reference or attach them as a hard copy to the contract document (STD.213, STD.65), and develop and attach a Statement of Work.

NOTE: The IT version of the STD.213 is slightly modified to coincide with IT terminology. 

The STD.213 already provides that the terms and conditions of the following attachments are a part of the Agreement. Therefore, it is only necessary that you identify which Special Provisions you will be utilizing. For example, on a large-scale system integration contract, the face of the STD.213 would include the following:

  • Attachment 1, Statement of Work (including Equipment and Delivery Schedules)

  • Attachment 2, Form GSPD 401, IT General Provisions, Effective 04/12/07

  • Attachment 3, Information Technology Purchase Special Provisions

  • Attachment 4, Information Technology Maintenance Special Provisions

  • Attachment 5, Information Technology Software License Special Provisions

  • Attachment 6, Information Technology Personal Services Special Provisions

Agencies may also attach Agency Special Provisions, such as facility security requirements or federal funding requirements.

There are two (2) versions of the STD.213 for information technology. Version STD.213 www includes a pointer to the General Provisions at Procurement Division's web site. If you intend to "point" to the General Provisions (as opposed to having them included as an attachment) use this version. If you intend to attach a hard copy of the General Provisions to the contract, use the standard version (without the "www").

Refer to the State Contracting Manual, Volume 3, for further information on the development of the Statement of Work, available for viewing at our web site, under "Policies and Procedures".

This "model language" is not to be modified without first gaining approval of DGS PD. 

Contact Model Language
Business Hours:
8:00 am - 5:00 pm

Mailing Address:
Department of General Services
Procurement Divison
707 3rd Street, 2nd Floor
West Sacramento, CA 95605

Phone Number:
916.375.4400

Fax Number:
916.375.4613