Common use of PHASE 2 GENERAL TERMS Clause in Contracts

PHASE 2 GENERAL TERMS. Any contract(s) signed by Solution Providers shall include the State’s then current applicable terms, as identified below: • If the proposed solution primarily consists of IT goods and services, then the General Provisions – Information Technology will apply. See xxxxx://xxx.xxx.xx.xxx/PD/Resources/Page-Content/Procurement-Division- Resources-List-Folder/Required-Language-for-Solicitations-and-Contracts. • If the proposed solution primarily consists of Cloud Software as a Service (SaaS) services, then the Cloud Computing Software as a Service General Provisions will apply. See xxxxx://xxx.xxx.xx.xxx/PD/Resources/Page- Content/Procurement-Division-Resources-List-Folder/Required-Language-for- Solicitations-and-Contracts. • If the proposed solution primarily consists of Cloud SaaS Services, then the Cloud Computing Special Provisions for SaaS will apply. See xxxxx://xxx.xxx.xx.xxx/PD/Resources/Page-Content/Procurement-Division- Resources-List-Folder/Required-Language-for-Solicitations-and-Contracts. • If the proposed solution primarily consists of non-IT goods, then the General Provisions – Non-IT Commodities (GSPD 401 Non-IT) will apply. See xxxxx://xxx.xxx.xx.xxx/PD/Resources/Page-Content/Procurement-Division- Resources-List-Folder/Required-Language-for-Solicitations-and-Contracts. • If the proposed solution primarily consists of non-IT services, then the General Terms and Conditions for non-IT services (GTC 04/2017) will apply. See xxxxx://xxx.xxx.xx.xxx/OLS/Resources/Page-Content/Office-of-Legal- Services-Resources-List-Folder/Standard-Contract-Language. • If the proposed solution utilizes GenAI technology, then the State reserves the right to add GenAI special provisions. Should a Solution Provider propose changes to the applicable terms in their Phase 2 Proof of Concept and Proposals, the State may, in its sole discretion, determine whether to negotiate such terms pursuant to PCC section 6611.

PHASE 2 GENERAL TERMS. Any contract(s) contracts signed by Solution Providers shall include the State’s then current applicable terms, as identified below: • If the proposed solution primarily consists of IT goods and services, then the General Provisions – Information Technology will apply. See xxxxx://xxx.xxx.xx.xxx/PD/Resources/Page-Content/Procurement-Division- Resources-List-Folder/Required-Language-for-Solicitations-and-Contracts. • If the proposed solution primarily consists of Cloud Software as a Service (SaaS) services, then the Cloud Computing Software as a Service General Provisions will apply. See xxxxx://xxx.xxx.xx.xxx/PD/Resources/Page- Content/Procurement-Division-Resources-List-Folder/Required-Language-for- Solicitations-and-Contracts. • If the proposed solution primarily consists of Cloud SaaS Services, then the Cloud Computing Special Provisions for SaaS will apply. See xxxxx://xxx.xxx.xx.xxx/PD/Resources/Page-Content/Procurement-Division- Resources-List-Folder/Required-Language-for-Solicitations-and-Contracts. • If the proposed solution primarily consists of non-IT goods, then the General Provisions – Non-IT Commodities (GSPD 401 Non-IT) will apply. See xxxxx://xxx.xxx.xx.xxx/PD/Resources/Page-Content/Procurement-Division- Resources-List-Folder/Required-Language-for-Solicitations-and-Contracts. • If the proposed solution primarily consists of non-IT services, then the General Terms and Conditions for non-IT services (GTC 04/2017) will apply. See xxxxx://xxx.xxx.xx.xxx/OLS/Resources/Page-Content/Office-of-Legal- Services-Resources-List-Folder/Standard-Contract-Language. • If the proposed solution utilizes GenAI technology, then the State reserves the right to add GenAI special provisions. Should a Solution Provider propose changes to the applicable terms in their Phase 2 Proof of Concept and Proposals, the State may, in its sole discretion, determine whether to negotiate such terms pursuant to PCC section 6611.