Department of General Services
Procurement Division
707 Third Street, 2nd Floor
West Sacramento, CA 95605-2811
State of California
CONTRACT NOTIFICATION
****NON-MANDATORY****
Supplement #1
Supplement #1 replaces and supersedes the previous User Instructions dated 5/01/2014
CONTRACT NUMBER:
1-14-65-54-A
DESCRIPTION:
CONTRACTOR:
Drug Destruction & Reverse Distribution
Services
EXP Pharmaceutical Services Corp.
CONTRACT TERM:
5/1/2014 through 4/30/2016
STATE CONTRACT
ADMINISTRATOR:
Elizabeth Winward
916-375-4551
elizabeth.winward@dgs.ca.gov
Original Signed
______________________________
Elizabeth Winward, Contract Administrator
Date: February 2, 2015
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Pharmaceutical Acquisitions Section
2/2/2015
Contract (Non-Mandatory) 1-14-65-54-A
Contract Notification and User Instructions
Supplement #1
Summary of Changes
Supplement #
1
Contract 1-14-65-54-A
User Instructions
Revision Description
10. Product Returns description was revised.
Page 2
Effective Date
2-2-15
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Pharmaceutical Acquisitions Section
2/2/2015
Contract (Non-Mandatory) 1-14-65-54-A
Contract Notification and User Instructions
Supplement #1
1.
SCOPE
The state’s participating addendum with Minnesota Multi State Contracting Alliance for Pharmacy (MMCAP)
and EXP Pharmaceutical Services Corp., (Contractor) allows state and local governmental agencies to
utilize drug destruction and reverse distribution services through the MMCAP Master Agreement
MMS14015 at contracted pricing. The Contractor shall supply the entire portfolio of services as identified in
the contract and will be the primary point of contact for data collection, reporting, and providing services to
the state of California through this agreement.
Contract services have a fixed price throughout the term of the agreement. Departments interested in
receiving services not listed in the contract require departments to perform appropriate procurement
procedures.
2.
CONTRACT USAGE/RULES
A. State Departments

The use of this contract is non-mandatory for all state departments1. All state departments must
be eligible to participate in the Statewide Pharmaceutical Program, pursuant to State of California
Government Code Section 14977.5.

Ordering departments must adhere to all applicable state laws, regulations, policies, best
practices, and purchasing authority requirements, e.g. California Codes, Code of Regulations,
State Administrative Manual, Management Memos, and State Contracting Manual Volume 2 and
3, as applicable.

Prior to placing service orders against this contract, departments must meet the following criteria:
o
Complete the Minnesota Multi State Contracting Alliance for Pharmacy (MMCAP)
California Facility Membership Application and submit to the State Contract
Administrator. Upon approval, the requesting State department or local government
agency will receive the MMCAP Participating Facility ID Number.
o
Complete the Statewide Pharmaceutical Program Eligible Entity Form and submit to the
State Contract Administrator. If eligible to participate, the requesting State department
or local governmental agency will receive authorization with an effective eligibility date
from the State Contract Administrator.
o
Must have been granted non-IT purchasing authority by the Department of General
Services, Procurement Division (DGS/PD) for the use of this statewide contract. The
department’s current purchasing authority number must be entered in the appropriate
location on each purchase document. Departments that have not been granted
purchasing authority by DGS/PD for the use of the State’s statewide contracts may
access the Purchasing Authority Application at
http://www.pd.dgs.ca.gov/deleg/pamanual.htm or may contact DGS/PD’s Purchasing
Authority Management Section by e-mail at pams@dgs.ca.gov.
1 The DGS procures drugs and administers contracts for entities participating in the Statewide Pharmaceutical Program established by Government Code Sections 14977 through 14982.
The California Department of Corrections and Rehabilitation (“CDCR”), under the direction of the Federal Receiver, and his agent for pharmaceutical purchases, Maxor National Pharmacy
Services Inc. (“MAXOR”), may or may not make purchases of products on the DGS contracts. The Receiver and MAXOR will provide direction and instruction to CDCR procurement
personnel on pharmaceutical related purchases.
Contract 1-14-65-54-A
User Instructions
Page 3
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Pharmaceutical Acquisitions Section
2/2/2015
Contract (Non-Mandatory) 1-14-65-54-A
Contract Notification and User Instructions
Supplement #1
o
Must have a Department of General Services (DGS) agency billing code. Ordering
departments may contact their Purchasing Authority contact or their department’s fiscal
office to obtain this information.
B. Local Governmental Agencies

Local governmental agency use of this contract is optional. All local governmental agencies must
be eligible to participate in the Statewide Pharmaceutical Program, pursuant to State of California
Government Code Section 14977.5.

Local governmental agencies are defined as “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 public funds for the acquisition of products, per Public Contract Code Chapter 2,
Paragraph 10298 (a) (b). While the State makes this contract available to local governmental
agencies, each local governmental agency should determine whether this contract is consistent
with its procurement policies and regulations.

Local governmental agencies shall have the same rights and privileges as the State under the
terms of this contract. Any agencies desiring to participate shall be required to adhere to the
same responsibilities as do State agencies and have no authority to amend, modify or change
any condition of the contract.

Prior to placing orders against this contract, local government agencies must meet the following
criteria:
o
Complete the Minnesota Multi State Contracting Alliance for Pharmacy (MMCAP)
California Facility Membership Application (Attachment A) and submit to the State
Contract Administrator. Upon approval, the requesting State department or local
government agency will receive the MMCAP Participating Facility ID Number.
o
Complete the Statewide Pharmaceutical Program Eligible Entity Form (Attachment B)
and submit to the State Contract Administrator. If eligible to participate, the requesting
State department or local governmental agency will receive authorization with an
effective eligibility date from the State Contract Administrator.
o
Must have a Department of General Services (DGS) agency billing code prior to placing
orders against this contract. DGS agency billing codes may be obtained by emailing
the DGS billing code contact with the following information:
1.
2.
3.
4.
5.
Local governmental agency
Contact name
Telephone number
Mailing address
Facsimile number and e-mail address
DGS Billing Code Contacts: Marilyn.ebert@dgs.ca.gov or
mailto:Eugene.Shemereko@dgs.ca.gov
C. Unless otherwise specified within this document, the term “ordering agencies” will refer to all State
departments and/or local governmental agencies eligible to utilize this contract. Ordering and/or usage
Contract 1-14-65-54-A
User Instructions
Page 4
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Pharmaceutical Acquisitions Section
2/2/2015
Contract (Non-Mandatory) 1-14-65-54-A
Contract Notification and User Instructions
Supplement #1
instructions exclusive to State departments or local governmental agencies shall be identified within
each article.
D. Terms and Conditions applicable to all ordering departments
Own Use Limitation: All Covered Product sold hereunder are sold to ordering departments for their “own
use” (within the meaning of the Non-Profit institutions Act (15 U.S.C. Section 13C) and as interpreted in
the U.S. Supreme Court decision in Abbott Labs v. Portland Retail Druggists (425 U.S. 1 (1976))
and Jefferson County Pharmaceutical Association v. Abbott Labs (460 U.S. 150 (1983)).
3. DGS ADMINISTRATIVE FEES
Ordering State departments will be responsible for the DGS Administrative Fees as posted in the DGS Price
Book. http://www.dgs.ca.gov/ofs/Pricebook.aspx
4. CONTRACT ADMINISTRATION
Both the state and the contractor(s) have assigned contract administrators as the single points of contact for
problem resolution and related contract issues.
State Contract Administrator:
Address:
Telephone:
Facsimile:
E-Mail:
Contractor:
Contract Manager:
Address:
Telephone:
Office:
Facsimile:
E-Mail:
5.
Elizabeth Winward
DGS/Procurement Division
707 Third Street, 2nd Floor
West Sacramento, CA 95605
(916) 375-4551
(916) 375-4613
Elizabeth.Winward@dgs.ca.gov
EXP Pharmaceutical Services Corp.
Timothy N. Fahy, Senior Vice President, Sales
48021 Warm Springs Boulevard
Fremont, CA 94539
(800) 350-0396, Toll-free
(949) 631-3798
(949) 548-5849
timf@expworld.com
PROBLEM RESOLUTION/SUPPLIER PERFORMANCE
Ordering agencies and/or contractors shall inform the State Contract Administrator of any technical or
contractual difficulties encountered during contract performance in a timely manner. This includes and is
not limited to informal disputes, supplier performance, outstanding deliveries, etc.
For contractor performance issues, ordering agencies must submit a completed Supplier Performance
Report via email or facsimile to the State Contract Administrator identified in Article 4. Ordering agency
should include all relevant information and/or documentation (i.e. Purchase documents)..
6. PURCHASE EXECUTION
A. State Departments
Contract 1-14-65-54-A
User Instructions
Page 5
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Pharmaceutical Acquisitions Section
2/2/2015
Contract (Non-Mandatory) 1-14-65-54-A
Contract Notification and User Instructions
Supplement #1
State departments must use the Purchasing Authority Purchase Order (Std. 65) for purchase
execution. An electronic version of the Std. 65 is available at the Office of State Publishing web site:
http://www.dgs.ca.gov/osp (select Standard Forms).
All Purchasing Authority Purchase Orders (Std. 65) must contain the following:













Agency Order Number (Purchase Order Number)
Ordering Agency Name
Agency Billing Code
Purchasing Authority Number
Leveraged Procurement Number (Contract Number)
Supplier Information (Contact Name, Address, Phone Number, Fax Number, E-mail)
Line Item number
Quantity
Unit of Measure
Commodity Code Number
Product Description
Unit Price
Extension Price
B. Local Governmental Agencies
Local governmental agencies may use their own purchase document for purchase execution. The
purchase documents must include the same data elements as listed above (Exception: Purchasing
Authority Number is used by State departments only).
C. All ordering agencies will submit a copy of executed purchase documents to:
DGS - Procurement Division (IMS# Z-1)
Attn: Data Entry Unit
707 Third Street, 2nd Floor, MS 2-212
West Sacramento, CA 95605-2811
7. ORDERING PROCEDURE
Ordering agencies are to submit the appropriate purchase documents directly to the contractor(s) via one of
the following ordering methods for every order:



U.S. Mail
Facsimile
Email
The ordering information for the contractor is listed below:
Company Name:
Address:
Toll-free:
Office:
Facsimile:
Email:
Contract 1-14-65-54-A
User Instructions
EXP Pharmaceutical Services Corp.
Attn: Government Sales
48021 Warm Springs Boulevard
Fremont, CA 94539
(800) 350-0397, for account set up
(949) 631-3798
(949) 548-5849
timf@expworld.com
Page 6
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Pharmaceutical Acquisitions Section
2/2/2015
Contract (Non-Mandatory) 1-14-65-54-A
Contract Notification and User Instructions
Supplement #1
When using any of the ordering methods, all State departments must conform to proper State procedures.
8.
ORDER ACKNOWLEDGEMENT
The contractor will provide the ordering agencies with an order receipt acknowledgement facsimile within
24 hours of receipt of order.
The acknowledgement will include:




9.
Ordering Agency Name
Agency Order Number (Purchase Order Number)
Purchase (Service) Order Total Cost
Delivery Completion Date
TECHNICAL SUPPORT FOR PRODUCT ORDERING
Contractor will provide an ordering system/method to each MMCAP Participating facility that allows the
option to quickly and accurately order Products within the current and future technological capabilities of
that MMCAP Participation Facility. The status of each order will be sent to each MMCAP Participating
Facility on the day the order is placed. The line sequence of such status will match the line sequence of
the MMCAP Participating Facility’s purchase order. THE MMCAP WEBSITE IS NOT TO BE UTILIZED
AS THE ORDERING PORTAL FOR MMCAP PARTICIPATING FACILITIES. FOR ALL ORDERS
MMCAP PARTICIPATING FACILITIES MUST UTILIZE THE CONTRACTORS PRODUCT ORDERING
SYSTEM.
10. ACCOUNT SET UP AND CONVERSIONS – See Section 3.3 of MMCAP Master Agreement
MMS14015
Members will contact Contractor’s customer Service Number (800) 350-0397 with the following
information:
a.
b.
c.
d.
e.
Current DEA license
Current State Board of Pharmacy license
Copy of wholesaler invoice that is not more than 90 days old
MMCAP Member ID
Facility contact information, with e-mail address
11. PRODUCT RETURNS
See Section 3.6 of MMCAP Master Agreement MMS14015 for criteria for returns
Ordering agencies should review applicable return policies and consider the following order when returning
pharmaceutical products:
a. Primary Pharmaceutical Wholesaler (e.g. AmerisourceBergen Drug Corp)
b. Pharmaceutical Manufacturer
c. Reverse Distributor
340B Product Returns: Members may return products purchased under the 340B Drug Pricing Program
by working with Contractor to set up a separate account number specifically for 340B returns. Products
purchased under the 340B program must be returned using this specially coded account number and a
Return Authorization form. For additional assistance, Members must contact their assigned customer
service representative or Contractor’s general customer service number.
Contract 1-14-65-54-A
User Instructions
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STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Pharmaceutical Acquisitions Section
2/2/2015
Contract (Non-Mandatory) 1-14-65-54-A
Contract Notification and User Instructions
Supplement #1
12. TRANSPORT OF RETURNED PRODUCTS - See Section 3.8 of MMCAP Master Agreement
MMS14015
Contractor will arrange and pay for all costs associated with the transport of returned products to
Contractor. Transportation/shipping will be FOB Destination, prepaid and allowed, with freight
included in the price, from the Member. No other freight charges or fuel surcharge will be
allowed.
All goods are to be packed in suitable containers for protection in shipment and storage, and in accordance
with applicable specifications. Each container of a multiple container shipment shall be identified to:
1. Show the number of the container and the total number of containers in the shipment; and
2. The number of the container in which the packing sheet has been enclosed.
All shipments by contractor or its subcontractors must include packing sheets identifying:
1. The State’s contract number
2. Item number
3. Quantity
4. Unit of measure
5. Part number
6. Description of the goods shipped
7. Appropriate evidence of inspection, if required.
Goods for different contracts shall be listed on separate packing sheets.
Shipments must be made as specified in this contract, as it may be amended, or otherwise directed in
writing by the State’s Transportation Management Unit within the Department of General Services,
Procurement Division.
All shipments must comply with General Provisions (rev 4/12/2007), Paragraph 12 entitled “Packing and
Shipment”. The General Provisions are available at:
http://www.documents.dgs.ca.gov/pd/modellang/GPnonIT0407.pdf.
13. INVOICING
Ordering agencies may require separate invoicing, as specified by each ordering organization. Invoices will
contain the following information:








Contractor’s name, address and telephone number
Leveraged Procurement Number (Contract Number)
Agency Order Number (Purchase Order Number)
Item and commodity code number
Quantity purchased
Contract price and extension
State sales and/or use tax
Totals for each order
14. PAYMENT
Payment terms for this contract are net forty-five (45) days. Payment will be made in accordance with the
provisions of the California Prompt Payment Act, Government Code Section 927, et seq. Unless expressly
exempted by statute, the Act requires State departments to pay properly submitted, undisputed invoices not
Contract 1-14-65-54-A
User Instructions
Page 8
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Pharmaceutical Acquisitions Section
2/2/2015
Contract (Non-Mandatory) 1-14-65-54-A
Contract Notification and User Instructions
Supplement #1
more than forty- five (45) days after the date of acceptance of goods, performance of services, or receipt of
an undisputed invoice, whichever is later.
15. PAYEE DATA RECORD
Each State accounting office must have a copy of the Payee Data Record (Std. 204) in order to process
payments. State departments should forward a copy of the Std. 204 to their accounting office(s). Without
the Std. 204, payment may be unnecessarily delayed. State departments should contact the contractor for
copies of the Payee Data Record.
16. CALIFORNIA SELLER’S PERMIT
The California seller permit is not applicable for this contractor(s).
17. SMALL BUSINESS/DISABLED VETERAN BUSINESS ENTERPRISE PARTICIPATION
There is no small business (SB) or disabled veteran business enterprise (DVBE) participation for this
contract.
Contract 1-14-65-54-A
User Instructions
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