Contract Details: # TXMAS-15-5601
|Description||Construction and Renovation|
|Purchase Category Code(Agencies Only)||PCC X|
|Purchase Orders||Only purchase orders issued through TxSmartBuy are eligible for contract pricing. Contractors cannot ship any products or provide services until issuance through TxSmartBuy and receipt of a Purchase Order.
Purchase orders exceeding 45 line items must be entered as quote order line item.
All purchase orders that include a quote order line (excluding linked item quotes) will be placed on hold pending Statewide Procurement Division (SPD) review.
Quote order requirements:
1. Items that are available in TSB must be placed through the TSB shopping cart and may not be entered as a quote order unless the purchase order exceeds 45 line items.
2. The quote option may be used to supplement an order - for example, placing an order for custom parts or modular systems. All purchase orders that include a quote order line require the attachment of a completed contractor quote containing all core items and a detailed breakdown of quote order line charge(s).
3. A detailed statement in the notes at the purchase order header confirming how prices were validated against the base contract.
Scenario 1: Purchase orders exceeding 45 line items.
Example Statement: All line items validated per TxSmartBuy prices.
Scenario 2: Custom built (systems) orders.
• Pricing validated per GSA eLibrary (GSA Advantage).
• Pricing validated per base contract webpage (provide link).
• Pricing validated per base contract price list document, page(s) (attached with scanned contractor quote).
4. If approval is requested prior to the order being inputted in TSB, the required information may be submitted to firstname.lastname@example.org.
Customers may only purchase TXMAS goods or services from a TXMAS Contractor online through TxSmartBuy. CPA does not authorize any offline sales of this TXMAS contract's goods or services.
|Order Limitation||The contractor is not required to accept orders below the minimum listed below. Orders between the minimum and maximum listed below are subject to the pricing of the underlying contract.|
|State Contracts||All Texas Council for Purchasing from People with Disabilities contracts and Texas Correctional Industries (TCI) term contracts take precedence over this TXMAS contract. If similar products or services are listed on this TXMAS contract and a CPA Term contract, a determination should be made that will result in a best value purchase.|
|CPA Contract Management||All Texas Council for Purchasing from People with Disabilities contracts and Texas Correctional Industries (TCI) term contracts take precedence over this TXMAS contract. If similar products or services are listed on this TXMAS contract and a CPA Term contract, a determination should be made that will result in a best value purchase.|
products or services listed in the underlying contract may be purchased from
this TXMAS contract, with one exception. Incidental, off-schedule items may be
purchased as "best value, open market" items provided that they are
necessary for product integration or product completeness. The purchasing
entity is responsible for ensuring that the quoted price for such incidental
items is fair and reasonable. These incidental items may be added to the TXMAS
purchase order if they are clearly labeled as "open market (OM), best
Incidental items may not exceed $5,000.00 OR 50% of the purchase order total, whichever is less.
If the pending order includes incidental items that exceed the stated limits, a request may be submitted to the Statewide Procurement Division for review and consideration of an exception. Exception requests shall be submitted to email@example.com. The request must include a copy of the complete contractor quote listing all core items and a detailed incidental charge breakdown.
|Compliant Products by Contractor||Customer reserves the right to require new delivery or a refund in the event that materials or products not meeting specifications are discovered after payment has been made.|
|Restocking Fee for Returned Products||Refer to contract upon which TXMAS contract is based.|
|Rebate Reporting Requirement for Federal||Pursuant to Texas Government Code § 2155.510(b), rebates generated from TXMAS contract purchases made in whole or in part with federal funds must be reported by the purchasing agency for reporting, and reconciliation purposes with the appropriate federal funding agency. Each quarter of the State's fiscal year (September 1 through August 31), TXMAS contractors rebate 0.73875% of their TXMAS sales to the State of Texas via the Texas Comptroller of Public Accounts (CPA). It is the purchasing entity's responsibility to report the amount of rebate to the federal fund-provider using the above percent based on the total dollar value of the TXMAS purchase order.
Example: A purchasing entity receives and uses federal funds of $50,000 to purchase items/services on a TXMAS contract. The purchasing entity must report to the federal fund-provider that a sales rebate of $369.37 ($50,000 * 0.73875% = $369.37) will be paid to the State of Texas by the TXMAS contractor.
|Contractor Performance||Statewide Procurement Division (SPD), administers a vendor performance program for use by all customers per Texas Government Code (TGC), §2262.055, and 34 Texas Administrative Code (TAC), §20.108. The Vendor Performance relies on the customer's participation in gathering information on vendor performance. State agency customers shall report vendor performance on purchases of$25,000 or more from contracts administered by CPA, or any other purchase of $25,000 or more made through delegated authority granted by CPA (TAC 20.108), or purchases exempt from CPA procurement rules and procedures. State agencies are additionally encouraged to report vendor performance on purchases under $25,000.
Vendor Performance shall be reported through the CPA VENDOR PERFORMANCE TRACKING SYSTEM.
The purpose of the Vendor Performance Tracking System is to:
• Identify vendors that have exceptional performance
• Aid purchasers in making a best value determination based on vendor past performance
• Protect the state from vendors with unethical business practices
• Provide performance scores in four measurable categories for the CMBL vendors
• Track vendor performance for delegated and exempt purchases