TDDC MSA

Prior to using this MSA, state agencies are reminded to have obtained all required approvals (e.g., IT Project, GC 19130), and followed all applicable state statutes, regulations, policies and procedures including but not limited to Public Contract Codes (PCC) and relevant California Codes, California Code of Regulations (CCR), State Administrative Manual (SAM), Department of General Services (DGS) Management Memos (MM), State Contracting Manuals (SCM), DGS Broadcast Bulletins (BB), California Department of Technology (CDT) Technology Letters, Department of Finance (DOF) Budget Letters, and Statewide Information Management Manual (SIMM).

Agencies/state entities requesting the use of Agile Classifications must seek approval from California Department of Technology (CDT) prior to use.  Contact adpq@state.ca.gov with any requests.

Please carefully review the User Instructions in its entirety.  If further assistance is necessary, please refer to the webpages above or call (916) 375-4579.

1. This statewide, non-mandatory MSA provides Technology, Digital and Data Consulting Services at contracted pricing to the State of California, and is authorized by Public Contract Code (PCC) §10298 and §12100 et seq.
2. While the State of California makes this MSA available to local governmental agencies, each local agency shall make its own determination as to whether using this MSA is consistent with its procurement policies and regulations. A local governmental agency includes any city, county, city and county, district or other 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 

1. $1.5 million per transaction dollar threshold applies, including amendments unless otherwise specified in the state agencyʼs Purchasing Authority Approval Letter (PAAL). State agencies may submit a purchasing authority change request (PACR) to seek a higher purchasing authority up to $10,000,000.00 for each contract, including amendments in accordance with SCM Volume 2, Chapter 100, Section 100.2, 100.3, and 100.8. You may submit your request or questions to: PAMS@dgs.ca.gov.
2. This order limit does not apply to local agencies.
3. This order limit does not apply to contracts executed by DGS Procurement Division (PD), One-Time Acquisitions (OTA). OTA has authority to conduct procurements and issue contracts that exceed a state agencyʼs purchasing authority

The MSA SOW includes forty-two (42) classifications. MSA contractors agreed to comply with the requirements of the MSA SOW and to provide staff meeting the education and experience required for each classification awarded. For more detailed information, please refer the ITN by clicking this hyperlink ITN 5-22-70-25 (https://caleprocure.ca.gov/event/77601/5227025).

The non-agile classifications are listed below:

Agencies/state entities requesting the use of  Agile Classifications for Non-Delegated IT Projects must seek approval from California Department of Technology (CDT) prior to use.  Contact adpq@state.ca.gov with any requests. 

The agile classifications are listed below:

1)  Agile Coach
2)  Analyst

A. SCM policy requires that a minimum of three (3) offers from eligible contractors shall be solicited including one (1) from SB and/or DVBE when available.  Due to the increased dollar threshold available through this MSA, additional offers must be solicited as commensurate to RFO project dollar values.  The table below defines by project dollar value:

* Can consist of phone call to inquire why contractor did not respond to an RFO. 

  DGS encourages soliciting and documenting more than the minimum required.

B.  State agencies must contact MSA contractors to determine and document why they did not respond.  The rationale for proceeding with less than the minimum responses must be documented in the procurement file.

C.  State agencies cannot seek offers from contractors for classifications they were not awarded.  RFOs must be sent to only those MSA contractors that offer the classifications that are required to fulfill the obligations set forth in the user agency’s project SOW.

D. RFOs must be sent only to the MSA contractors found on the Contractor List for MSA 5-22-70-25.   State Agencies cannot accept responses from any other MSA.  Each MSA is a separate and distinct contract with different classifications, terms and conditions.

E. Hourly rates specified in each MSA are guaranteed for the entire MSA term as the maximum hourly rates to be charged.  State agencies are encouraged to seek lower rates during the RFO process.

F. Qualifying experience may be substituted for the required education where identified in the SOW on a year-for-year basis:

• Four (4) years of experience can be substituted for a Bachelor’s Degree.

• The substituted experience must be in addition to the required years of experience.
  Example: If the Experience requirement is five (5) years, and the individual is substituting four (4) years of experience for a Bachelor’s Degree, a total of nine (9) years of experience is required.

A. Purchase Documents

State departments must use the STD 213 and STD 215 for purchase execution.

The STD 213 must contain the following:

• Agency Order Number (Purchase Order Number)
• Ordering Agency Name

• Agency Billing Code
• Purchasing Authority Number
• Master Agreement Number (Contract Number)
• Supplier Information (Contract Name, Address, Phone Number, Fax, E-mail)
• Classifications, Hourly Rates, and Hours Billed

B. FI$Cal Purchase Documents

State departments transacting in FI$Cal will follow the FI$Cal procurement and contracting procedures.

C. A STD 213 executed before the end of the MSA term, including any extensions, may continue beyond the expiration date of the MSA for up to five (5) years.

Provided that the original contract included options for changes that were assessed and considered in the selection for award during the RFO process, State Agencies may amend a purchase order provided that:

• The MSA is active at the time the amendment is executed. A purchase order cannot be amended when the underlying MSA is expired.

• The purchase order is active at the time the amendment is executed. An expired purchase order cannot be amended.

• Amendments for time do not exceed five (5) years beyond the expiration date of the MSA.

• Amendments for money do not exceed the Tier value in which the purchase order was originally awarded.
• Amendments are conducted in accordance with SCM Volume 3, Chapter 6.

User agencies shall not amend contracts to add classifications that were not evaluated in the original RFO.

A. For current and up-to-date information including State Contract Administrator contact, please refer to the MSA User Instructions which can be found in the User Agencies Documents section above.

B. DGS will bill each state agency an administrative fee to use this MSA.  The administrative fee should NOT be included by the user agency in the order total, nor remitted before an invoice is received from DGS.  Current fees (rates) are available online in DGS Office of Fiscal Services website.

C. Advisory - For all local government agency transactions issued against the awarded MSA, the Contractor is required to remit DGS-PD an incentive fee of an amount equal to one point twenty-five (1.25) percent of the total contract amount (e.g. If the net Local Governmental Agency sales for a quarter is one million dollars ($100,000.00), the incentive fee due to DG/PD is one-thousand two-hundred, fifty dollars ($1,250.00)).

D. This incentive fee shall not be included in the User Agency's purchase price, nor invoiced separately to the User Agency. All prices quoted to a local governmental agency shall reflect MSA contract pricing, including any and all applicable discounts, and shall not include add-on fees.

E.  Contractor payment of the local agency incentive fee to DGS-PD is due irrespective of whether or not the Local Governmental Agency has paid the Contractor for services.

F.   Contractor payment may be made in the form of an electronic payment using PD EPAY or by submitting a check payable to the State of California, Department of General Services. Along with each payment, a Contract Usage Report, filtered in Excel to include only local government agency sales, shall be submitted to the State Contract Administrator.

G.  To submit Incentive Fees through PD EPAY, users must register on the DGS/PD LPA Payment Portal.

H.  Incentive Fee payments made by check shall be submitted to the following address:

Department of General Services
MAPS Payments Processing
707 3rd Street, 2nd Floor
West Sacramento, CA 95605

I.  If a Contractor provided services for different Local Governmental agencies, the Contractor may submit one (1) check per month covering the DGS-PD incentive fee for the total of all Local Governmental Agency purchases. In this case, a separate report is still required for each contract and a list of the total Local Governmental Agency sales for each contract must be included with the check.

J.  Ordering agencies should inform DGS/PD of contractor or contracting issues in a timely manner.

K.  Post Evaluation Form for IT Services Contracts – Per Broadcast Bulletin #:  P-15-19 and pursuant to Public Code (PCC) Section 12102.3, a post evaluation standard form STD 971 must be completed for all IT services contracts $500,000 and over related to an IT project (both delegated and non-delegated IT projects as defined in the State Administrative Manual (SAM) Section 4819.2). A copy of the post evaluation and subsequent comments from the contractor must be sent to Form971@state.ca.gov.