Department of Corrections and Rehabilitation - Operations Manual

Chapter 5 – Adult Custody and Security Operations

Article 43 – Incarcerated Person Property

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54030.8.1 Personal Property Package Vendor Criteria

  • Vendors submitting requests for department approval shall meet the following minimum requirements:

    • All merchandise offered for sale by the vendor is subject to price comparison. Price comparison shall be conducted by the CDCRCalifornia Department of Corrections and Rehabilitation during initial vendor approval and throughout the length of any agreement or contract based upon advertised catalog prices.

      • Vendor’s prices will be compared with non-sale prices on an identical product-for-product basis at major retailers in the following major California markets:

        • Fresno

        • Los Angeles

        • Sacramento

        • San Diego

      • A resulting median price for the specific product will be identified. The vendor’s advertised catalog price shall not exceed the median price by more than 10 percent.

      • If identical items are not located during the initial price comparison in the major California markets identified above, the CDCRCalifornia Department of Corrections and Rehabilitation may extend the price comparison to include other California markets or online retailers, if necessary.

      • If identical items are not located during an extended price comparison, similar items may be relied on as determined by the CDCRCalifornia Department of Corrections and Rehabilitation. The basis for any price comparison shall be at the sole discretion of the CDCRCalifornia Department of Corrections and Rehabilitation.

      • The vendor will be notified if the prices of merchandise are in excess of the 10 percent limit. The vendor will be requested to reduce prices to within the acceptable price range as determined by the CDCRCalifornia Department of Corrections and Rehabilitation or else remove the item from incarcerated person availability. Inability or unwillingness of the vendor to comply with a CDCRCalifornia Department of Corrections and Rehabilitation price reduction or removal request within 30 calendar days of notification shall be cause for termination of any agreement or contract and shall result in disapproval of the vendor to provide services.

      • Vendors shall maintain insurance with Commercial General Liability with Warehouse Legal Liability for a minimum of $1,000,000 per occurrence.

      • Vendors shall possess one or more of the following: a valid California city or county business license (if applicable); if the vendor is a corporation located within the State of California, incorporation documents or letter from the Secretary of State; or, if the vendor is not a California business, an affidavit that the business is in good standing with the state, province, or country in which business is headquartered.

      • Vendors shall provide a self-certified Inventory Report showing a minimum of $250,000 worth (advertised retail value) of merchandise on premises (subject to physical verification by the CDCRCalifornia Department of Corrections and Rehabilitation).

      • All merchandise purchased in a single order shall be packaged in one single container. Multiple boxes per order are not permitted.(J) Vendors shall provide copies of CDCRCalifornia Department of Corrections and Rehabilitation-approved catalogs and order forms, free of charge, to institutions. Catalogs shall indicate prices for all items and expiration dates of prices. Prices advertised in catalogs shall have a guaranteed minimum term of 12 months.(K) Upon CDCRCalifornia Department of Corrections and Rehabilitation’s approval of a vendor, all catalogs, order forms, and vendor web sites shall prominently display the following disclaimer:

      • Vendors shall provide copies of CDCRCalifornia Department of Corrections and Rehabilitation-approved catalogs and order forms, free of charge, to institutions. Catalogs shall indicate prices for all items and expiration dates of prices. Prices advertised in catalogs shall have a guaranteed minimum term of 12 months.

      • Upon CDCRCalifornia Department of Corrections and Rehabilitation’s approval of a vendor, all catalogs, order forms, and vendor web sites shall prominently display the following disclaimer:

        • The California Department of Corrections and Rehabilitation (CDCRCalifornia Department of Corrections and Rehabilitation) has approved this independent vendor to sell merchandise to incarcerated persons and to the public who may order items for the purpose of being sent to an incarcerated person. CDCRCalifornia Department of Corrections and Rehabilitation’s brief review and approval of this vendor was strictly limited to minimum security requirements and general business intent. The CDCRCalifornia Department of Corrections and Rehabilitation is not affiliated with this vendor and does not guarantee that the vendor will fulfill any obligations, perform as expected, or remain in business; nor does the CDCRCalifornia Department of Corrections and Rehabilitation guarantee the vendor’s products in any way. Any purchases from this vendor are at the buyer’s sole risk. The CDCRCalifornia Department of Corrections and Rehabilitation assumes no liability whatsoever for such purchases, nor any aspect thereof. Any issues or disputes regarding the vendor’s products are the sole responsibility of the buyer and the vendor, and the CDCRCalifornia Department of Corrections and Rehabilitation is not obligated to mediate or resolve any such disputes.

  • CDCRCalifornia Department of Corrections and Rehabilitation-approved vendor catalogs shall only present items authorized for purchase by CDCRCalifornia Department of Corrections and Rehabilitation incarcerated persons based upon privilege group.

  • Catalogs shall identify items allowable by privilege group as identified in Appendix A.

  • Vendors shall require a customer to select a privilege group prior to completion of a purchase. The selection of a privilege group shall act to restrict the purchase of merchandise not allowed for the selected privilege group. Refer to the APPS located in Appendix A for more information.

  • Items listed in catalogs shall regularly be in stock. Catalogs and order forms shall clearly indicate that back orders or substitutions shall not be permitted. In the event that an item is out of stock, a refund will be issued to the purchaser.

  • Two copies of the purchase receipt or shipping invoice shall be included in each package, and a copy shall be forwarded to the purchaser if purchased by a non-incarcerated person. (E-mail confirmation is acceptable for orders placed over the Internet.)

  • Except for special purchases and publications-only packages, the maximum allowable package weight is 30 pounds. This weight limit includes merchandise, packing material, and packaging (tare weight). Packages in excess of 30 pounds shall not be accepted and will be returned at the vendor’s expense.

  • The catalogs and web sites shall include the shipping weight of each individual item and a method of calculating the total gross weight of the incarcerated person package as customers are limited to a gross weight of 30 pounds or less.

  • Except for special purchases and publications-only packages, the maximum allowable package dimensions are 24” x 24” x 24.”

  • All catalogs and web sites shall clearly inform customer of the 30-pound weight limit per package.

  • All packages shall be labeled Privilege Group A, B, or D based upon the contents of the package. Privilege Group D packages may only contain items authorized for Privilege Group D.

  • The vendor’s return policy shall be clearly stated in catalogs and on web sites. The CDCRCalifornia Department of Corrections and Rehabilitation shall not be a party in any dispute between the vendor, the incarcerated person, or the purchaser.

  • Vendors are responsible to correct any errors in package contents. When an incorrect item is received in a vendor package, CDCRCalifornia Department of Corrections and Rehabilitation staff shall verify the error and may contact the vendor to request a United Parcel Service call tag in order to ship the incorrect item back to the vendor. This does not preclude individual institutions from using alternative methods of resolution.

  • Vendors shall restrict knowledge of identities of both package recipients and purchasers from the vendor staff responsible for assembling packages.

  • Vendor’s staff responsible for receiving orders, assigning purchase order numbers, and securing numerical identifiers shall not be allowed to assemble packages.

  • Vendors shall conduct pre-employment urinalysis testing on all employees and provide evidence of such to the CDCRCalifornia Department of Corrections and Rehabilitation on demand.

  • Vendors shall provide names and identification information of all staff on demand. Current state-issued driver’s licenses or identification cards are accepted as valid identification.

  • Vendors employing staff possessing felony convictions less than 10 years old shall be disqualified. Vendors employing staff possessing drug-related arrests or convictions less than 5 years old shall be disqualified.

  • Vendors shall be willing to submit to, and cooperate with, frequent CDCRCalifornia Department of Corrections and Rehabilitation inspections without notice.

  • Vendor’s receiving, packaging, and shipping areas shall be monitored by a Closed Circuit Television System. Video tapes or other medium providing a record of activities in packaging and shipping areas shall be maintained for a minimum of 30 days. All videos shall provide a date and time stamp and the ability to identify vendor staff.

  • Vendors shall employ the security measures described in DOMDepartment Operations Manual Subsection 54030.8.2.

  • Packages shall be sealed with tamper resistant tape.

  • Approval and use of vendors shall result in no expense to the CDCRCalifornia Department of Corrections and Rehabilitation.

  • Vendors shall be capable of supplying packages for delivery within no more than 10 days after purchase. Occasional delays in shipments are understood and will not be reason for disapproval of a vendor.

  • Institution personnel shall maintain a verified copy of the shipping invoice, which may assist in the resolution of any disputes between the vendor and the purchaser. However, all order disputes are solely between the purchaser and the vendor and shall be settled without additional involvement of the CDCRCalifornia Department of Corrections and Rehabilitation.

  • Packages containing contraband shipped from a vendor will subject the vendor to be removed from the CDCRCalifornia Department of Corrections and Rehabilitation Approved Personal Property Package Vendors list.