ITC MSA

(IMPORTANT NOTICE: THIS MSA EXPIRED ON 04/20/2022.)

Please see the information for the TDDC MSA in the section 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). 
2. 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.
3. This order limit does not apply to local agencies.
4. 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 twenty-five (25) 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 RFP by clicking this hyperlink RFP 5167010.

• Senior Project Manager
• Project Manager
• Senior Technical Lead
• Technical Lead
• Business Solutions Analyst
• Senior Programmer
• Programmer
• Technical Writer
• Information Security Specialist
• Senior Enterprise Architect
• Enterprise Architect
• Informatics Data Analyst

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

• Product Manager

• Technical Architect

• Interaction Designer/User Researcher/Usability Tester

• Writer/Content Designer/Content Strategist

• Visual Designer

• Front End Web Developer

• Back End Web Developer

• DevOps Engineer

• Security Engineer

• Delivery Manager

• Agile Coach

• Business Analyst

• Digital Performance 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 5167010.   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. Contractors were given the opportunity to provide information regarding the specific services provided under this MSA utilizing the MSA Marketing Request Form which can be found in the Contractor Documents section above.  Agencies may utilize the MSA Contractor Marketing List found in the Contractor Documents section above when sending out RFOs.

G. 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 not transacting in FI$CAL 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 within the one-year period after the expiration of the MSA for time and/or money provided that:

• 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 governmental agency transactions issued against this MSA, contractor remits to DGS/PD an Incentive Fee of an amount equal to one percent (1%) of the total purchase contract amount including amendments, excluding taxes and freight.  Local agencies should monitor their offer(s) and subsequent contract(s) to ensure the 1% fee has not been included in the user agency’s purchase price nor invoiced separately to the purchasing entity (user agency).  All prices offered to a local governmental agency by the contractor shall reflect its awarded MSA rates.

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

• What is a Master Services Agreement (MSA)?
  MSAs are contracts that are competitively bid by the Department of General Services and available to any agency that expend public funds. These types of agreements establish a prequalified list of vendors and simplify the purchasing process for the end user.
• Why establish an MSA with the State rather than just responding to Small Business/DVBE Procurements or other methods?
  MSAs have established scope, Terms & Conditions, and pricing, which allow User Agencies to buy directly from vendors. In addition, one of the drawbacks to the SB/DVBE option is the dollar value limits.
• If Iʼm a small business or disabled veteran business enterprise, how do I become certified in California?
  Follow the instructions on the following link or contact the Office of Small Business and DVBE Services (OSDS) at OSDSHelp@dgs.ca.gov. https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division- Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran- Business-Enterprise.
• Iʼve never sold or contracted with the State, where can I learn more?
  Learn more about contracting with the state of California: https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division- Resources-List-Folder/How-to-do-business-with-the-state-of-California.