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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) TURF STAR, INC. CMAS NO.4-07-51-0020A, SUPPLEMENT NO. 2 CONTRACTORS ACTING AS FISCAL AGENTS ARE Suspension,29 CFR Part 98,Section 98.510, PROHIBITED Participants;responsibilities.The regulations were published as Part VII of the May 26, 1988 Federal When a subcontractor ultimately provides all of the Register(pages 19160-19211). products or performs all of the services that a contractor has agreed to provide, and the prime contractor only LIQUIDATED DAMAGES FOR LATE DELIVERY handles the invoicing of expenditures,then the prime contractor's role becomes that of a fiscal agent because it The value of the liquidated damages cannot be a penalty, is merely administrative in nature,and does not provide a must be mutually agreed upon by agency and contractor Commercially Useful Function(CUF). It is unacceptable and included in the purchase order to be applicable. to use fiscal agents in this manner because the agency is paying unnecessary administrative costs. ACCEPTANCE TESTING CRITERIA AGENCY RESPONSIBILITY If the agency wants to include acceptance testing for all newly installed technology systems,and individual Agencies must contact contractors to obtain copies of the equipment, and machines which are added or field contracts and compare them for a best value purchasing modified(modification of a machine from one model to decision. another)after a successful performance period,the test criteria must be included in the purchase order to be Each agency is responsible for its own contracting applicable. program and purchasing decisions, including use of the CMAS program and associated outcomes. AMERICANS WITH DISABILITY ACT(ADA) This responsibility includes,but is not necessarily limited Section 504 of the Rehabilitation Act of 1973 as to,ensuring the necessity of the services,securing amended;Title VI and VII of the Civil Rights Act of 1964 appropriate funding,complying with laws and policies, as amended;Americans with Disabilities Act,42 USC preparing the purchase order in a manner that 12101; California Code of Regulations,Title 2,Title 22; safeguards the State's interests,obtaining required California Government Code,Sections 11135,et seq.; approvals,and documenting compliance with and other federal and State laws, and Executive Orders Government Code 19130.b(3)for outsourcing services. prohibit discrimination. All programs,activities, employment opportunities,and services must be made It is the responsibility of each agency to consult as available to all persons, including persons with applicable with their legal staff and contracting offices for disabilities. See Attachment A for Procurement Division's advice depending upon the scope or complexity of the ADA Compliance Policy of Nondiscrimination on the purchase order. Basis of Disability. If you do not have legal services available to you within Individual government agencies are responsible for your agency, the DGS Office of Legal Services is self-compliance with ADA regulations. available to provide services on a contractual basis, Contractor sponsored events must provide reasonable CONFLICT OF INTEREST accommodations for persons with disabilities. Agencies must evaluate the proposed purchase order to DGS PROCUREMENT DIVISION CONTACT AND determine if there are any potential conflict of interest PHONE NUMBER issues. See the attached CMAS Terms and Conditions, Conflict of Interest,for more information. Department of General Services Procurement Division, CMAS Unit FEDERAL DEBARMENT 707 Third Street,2f° Floor,MS 202 West Sacramento,CA 95605-2811 When federal funds are being expended,the agency is required to obtain(retain in file)a signed "Federal Phone# (916)375-4363 Debarment"certification from the contractor before the purchase order is issued. This certification is required by the regulations implementing Executive Order 12549,Debarment and Ordering Instructions and Special Provisions 10