Contract Details: # 165-A1

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Number 165-A1
Description Cafeteria And Kitchen Equipment, Commercial
Category TxSmartBuy
Type Term
Start Date 9/1/2015
End Date 8/31/2020
Purchase Category Code(Agencies Only) PCC A except WorkQuest or TCI purchases made through Texas SmartBuy, which require the use of Document Type 9, with a blank PCC field.
Optional Renewal Terms Extension: March 1, 2020 through August 31, 2020
Purchase Orders Only purchase orders issued through TxSmartBuy are eligible for contract pricing. The Contractor will not ship any products or provide related services until receipt of a Purchase Order generated by the TxSmartBuy system.
NIGP Code(s) 165-02
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
Warranty Details At a minimum, the manufacturer’s standard warranty must apply to all of Contractor’s awarded line items. Respondents must enter the length of time of the warranty in the appropriate column on the Mandatory Price Sheet, Attachment D. The warranty is for the number of months specified starting the date the equipment is received by the Customer.

The warranty will cover the completed product and all parts of the product and all materials and parts required to repair any faults and/or defects of design, material and workmanship of the product. A copy of the warranty must be included with the appliance when delivered.

The Contractor will provide warranty service free of any charge, including all necessary repairs, any shipping necessary to return the equipment or ship it to a repair site and removing or reinstalling the equipment when necessary. The Contractor will repair any materials and parts that are defective in materials or workmanship. In the event repair is not possible, the Contractor will either replace the equipment with new equipment of similar composition and price or refund the full purchase price of the equipment, whichever the Customer prefers.

See TxSmartBuy for more specific warranty information.
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 .
Delivery Delays by Contractor If delay is foreseen, Contractor shall give written notice to the Customer and must keep Customer advised at all times of status of order.

Default in promised Delivery Days After Receipt of Order (ARO) without accepted reasons or failure to meet specifications authorizes the Customer to purchase goods and services of this contract elsewhere and charge any increased costs for the goods and services, including the cost of re-soliciting, to the Contractor.

Failure to pay a damage assessment is cause for contract cancellation and/or debarment or removal of the contractor, as applicable, from the State’s Centralized Master Bidders List (CMBL).

Not applicable to TIBH. 
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 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 10% for contractors and 15% for TIBH.
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 The Statewide Procurement Division Contract Management Office (SCMO), a division of the Comptroller of Public Accounts (CPA), 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

Contractors Information

VID: 10438311622

Contractor: 1st Choice Restaurant Equipment & Supply

Contact Name: Seth Rosborough

Email: orders@1stchoiceRes.Com

Phone: (210) 595-3131

Address: 15018 Tradesman Drive San Antonio TX 78249

VID: 36966966966

Contractor: TCI

Contact Name: Customer Service


Phone: (936) 437-6048

Address: PO BOX 4013 Huntsville TX 77342

VID: 13142204109

Contractor: The JonesZylon Company

Contact Name: Shelia Reigle


Phone: (800) 848-8160

Address: PO Box 149 West Layfayette OH 43845

VID: 17419760511

Contractor: WorkQuest (formerly TIBH)


Phone: (512) 451-8145

Address: TIBH 1011 East 53 1/2 Street Austin TX 78751