The Basis for CMAS Agreements

The State of California establishes multiple award agreements in accordance with Public Contract Code Sections 10290 et seq. and 12101.5 (effective January 1994). A multiple award is an award to two or more contractors for the same 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 agreement, but rather the number of contractors receiving an award from a common bid process.

CMAS agreements 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. The supplier completes a CMAS Application offering products and/or services at prices based on an existing Federal GSA multiple award schedule. This schedule is referred to as the “base” contract. Upon review and acceptance of the application, the CMAS Unit awards a CMAS agreement which includes the State of California contract terms and conditions, procurement codes, policies, and guidelines. For clarity, the CMAS Program does not “use” the GSA Authorized Federal Supply Service Schedule. Instead, we establish a totally independent California agreement for the same products and services at equal or lower prices. Once a CMAS is awarded, the Contractor markets and distributes the CMAS, and provides the CMAS Unit with quarterly reports of CMAS sales transactions.

Overview of the CMAS Program

Suppliers can offer products, services, and prices from their own Federal GSA schedule. They can also offer products, services, and prices from a Federal GSA schedule held by another company. In this case, the supplier must provide written substantiation that they are qualified to provide the consulting or personal services offered by including supporting customer references.

The term of a CMAS agreement begins upon award by the CMAS Unit and expires on the same date as the referenced Federal GSA schedule.

CMAS 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 at the time the base GSA schedule is renewed or extended. (Refer to the CMAS Management & Information Guide for renewal/ extension information.)

There is no fee to apply for a CMAS. For CMAS sales to State agencies, the State agency pays DGS an administrative fee. CMAS contractors do not pay fees for sales to State agencies. Effective July 1, 2019 for CMAS sales to local government agencies, the CMAS contractor pays DGS-CMAS a 1.25% incentive fee based on the total value of all local government orders each quarter.
Effective July 1, 2019, if the CMAS contractor is a California certified small business, both the administrative and incentive fees are no longer waived and the fee is 1.25%.

State and local government agencies may use CMAS unless the CMAS contractor explicitly stipulates in their CMAS that it 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 agreements 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:

  • Facility Planning
  • Medical Services
  • Registered Nursing
  • Human Resources
  • Security Guard Services

By CMAS policy, the services noted cannot be procured via a CMAS agreement.

 

  • Architectural
  • Construction
  • Engineering
  • 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 third party verification services of greenhouse gas emission reports for existing facilities and operations are available on the CMAS Program. See the State Contracting Manual, Volume I, Chapter 11 for information on Architectural and Engineering contracts. 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) 375-4700.

 

  • 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, Chapter 10 and the “CMAS Management & Information Guide” for information on Public Works projects. If you have questions about Public Works projects, the DGS Real Estate Services Division (RESD) can be contacted at (916) 375-4700.

When a subcontractor ultimately performs all of the services that a prime contractor has agreed to provide, and the prime contractor only handles the invoicing of expenditures, then the prime contractor’s role becomes that of a fiscal agent because it is merely administrative in nature. It is unacceptable to use fiscal agents in this manner because the agency is paying unnecessary administrative costs.
California code does not provide for formal protest of CMAS transactions. The individual ordering agency handles informal complaints. If necessary, customers may contact the CMAS Unit for assistance.

Contact

CMAS Unit

Department of General Services
Procurement Division

707 3rd Street, 2nd Floor MS 2-202
West Sacramento, CA 95605-2811

 

Phone: (916) 375-4363
Email: cmas@dgs.ca.gov