Contract Details: # 425-M1
|Description||Modular Office Furniture – TDCJ/TCI|
|Purchase Category Code(Agencies Only)||PCC C|
|Purchase Orders||Customers will issue an internal purchase order that references this CPA Contract Number and current item description(s) and pricing as stated on this contract. The Contractor will not ship any products or provide related services until receipt of a Purchase Order generated by the State Agency, Higher Education or Cooperative member.|
|CPA Contract Management||Questions regarding contract management issues, price changes, amendments or other post-award concerns should be directed to:
SPD Contract Management Office (SCMO)
Texas Comptroller of Public Accounts (CPA)
Phone: (512) 463-3034 option 3
|Contract Items and Pricing||Visit the Texas Correctional Industries – Modular Furniture Web site for more information regarding furniture and services.
REVISED ORDERS: Purchase Orders processed cannot be changed or canceled without TCI's consent. Orders revised after products are manufactured are subject to additional up-charges.
Per the Texas Prison Made Goods Act (Government Code 497.024 and 497.025), Texas Correctional Industries (TCI) manufactures goods, and provides services to state and local government agencies, public educational systems and other tax-supported entities.
State Agencies (excluding State Universities) are required to provide their specifications and delivery timeframes to TCI. If TCI determines they are unable to fulfill the requirements, they will process a waiver or communication to the customer to proceed with their procurement.
TCI agrees not to ship any materials until issuance of a Purchase Order by the State Agency, Higher Education or Cooperative member.
|Warranty Details||Texas Correctional Industries warranties its products to be free from defects in design, material and workmanship, under normal use and care for a period of (10) ten years of single-service, with the exceptions listed below:
• Operating components, electrical components and mechanical mechanisms – 5 years
• Casters, fabrics and other covering materials – 3 years. We will repair or replace any product which fails as the result of a defect during the warranty period.
This product warranty does not apply to:
• User modifications
• Any attachments to product
• Customer supplied material
• Products not installed or used in accordance with published installation and application guidelines.
Written notice must be received by TCI within 30 days of the appearance of any defect. TCI will, after inspection by its authorized representative, and at its option, either repair or replace any defected items.
THERE ARE NO OTHER WARRANTIES EXCEPT AS EXPRESSLY SET FORTH ABOVE, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANT ABILITY OF FITNESS FOR ANY PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL TEXAS CORRECTIONAL INDUSTRIES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
|Adding New Products to the Contract||Additional products or services of the same general category that are not already on the contract may be added by submitting an Open Market Requisition to the Statewide Contract Development section at firstname.lastname@example.org .|
|Compliant Products by Contractor||Delivery does not occur until the Contractor delivers products, materials or services in full compliance with the specifications to Customer’s F.O.B. destination, unless delivery is specifically accepted, in whole or in part, by the Customer. Providing products, materials or services which do not meet all specification requirements does not constitute delivery.
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.
|Purchase Order Cancellation||Purchase Orders processed cannot be changed or canceled without TCI's consent. The customer is responsible for all costs incurred and a minimum cancellation or change charge of 25% will be invoiced if an order is canceled or changed within 30 days of shipment. Orders for non-standard products cannot be cancelled.
The Customer may request that a Contractor cancel a specific line item or an entire purchase order. There shall be no fees charged for cancellation of an item and/or order prior to shipment by the Contractor. The cancellation must be processed through the TxSmartBuy system.
|Restocking Fee for Returned Products||The Customer may request that a Contractor accept return of products already delivered. If the return is required through no fault of the Contractor, the Contractor may request a reasonable restocking charge. The Customer may pay a restocking charge if the CPA or Customer determines that the charge is justifiable. As a guideline, such charges shall not exceed 15%.|
|Substitutions||During the Contract term, the Contractor shall not substitute a product or brand unless the Contractor has obtained prior written approval from the CPA Contract Manager in coordination with the Customer. The Contractor must have written confirmation from the CPA Contract Manager of the substitution before making delivery.|
|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
Address: PO BOX 4013 Huntsville TX 77342