Contract Details: # 335-M2

Number 335-M2
Description Liquid Fertilizer
Category Managed
Type Term
Start Date 9/20/2016
End Date 8/31/2019
Purchase Category Code(Agencies Only) PCC C
Optional Renewal Terms September 1, 2019 through August 31, 2020
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.
NIGP Code(s) 335-06

335-40

335-78
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

Email: spd.cmo@cpa.texas.gov
Contract Items and Pricing 335-M2 Price Sheet (XLS)







Purchase Order and Invoice Pricing – Reference the Price Sheet – Constant per Ton

Lines 4-6: Liquid Fertilizer, 32-0-0, Urea Ammonium Nitrate, Clear

Lines 7-9: Liquid Fertilizer, 29-0-0-3s, .05% Liquid Zinc Chelate



The monthly price per ton will be based on “The Green Market Sheet” index referencing the "The Green Markets Price Scan" published by Pike & Fischer, Inc., for the Southern Plains, Urea Ammonia Nitrate (UAN) which can be accessed at: http://www.fertilizerpricing.com/



The final price per ton will be calculated based on “The Green Market Sheet” for the week in which the fertilizer is delivered.



EXAMPLE ONLY: FOR PURCHASE ORDER AND INVOICING PURPOSES



The Green Market

Liquid Fertilizer, 32-0-0, Urea Ammonium Nitrate, Clear

UAN Southern Plains is $6.56 – $6.88 on Green Market. This is a “per unit price of N”. To convert to a short ton price, take figures and multiply by 32 (% nitrogen in UAN solution) which equals the short ton price of urea ammonium nitrate solution (UAN or 32-0-0)



$6.56 x 32 = $209.92 per short ton $6.88 x 32 = $220.16 per short ton

The average short ton price for this period = $215.04 per ton + *constant

Example: Constant is *$47.00 per ton, invoice price would be constant + average short ton $215.04 = $262.04 per ton



Liquid Fertilizer, 29-0-0-3s, .05% Liquid Zinc Chelate

Index pricing based on UAN Southern Plains and Amthio Southern Plains

Example based on Green Market dated 5/27:

UAN Southern Plains is $6.56 per unit ($209.92 per ton) - $6.88 per unit ($220.16 per ton)

Average UAN price = $215.04 per ton

Amthio Southern Plains is $270 - $285 per short ton, for average of $277.50 per ton



Formula for 29-0-0-3

UAN $215.04 per ton x 86.3% = $185.58

Amthio $277.50 per ton x 11.6% = $ 32.19

$217.77

Plus constant 47.00 (fixed by supplier)

Plus .05% Zn 5.00 (fixed by supplier)



Invoice Price of 29-0-0-3-0.5% Zn: $269.77 per ton
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 open.market@cpa.texas.gov .
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).
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. A Purchase Order Change Notice should be processed and sent to Contractor.
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.
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: 14707025525

Contractor: Gavilon LLC

Contact Name: Heather Wendel

Email: heather.wendel@gavilon.com

Phone: (361) 576-9850

Alternate Contact Name: Dinah.kern@gavilon.com or kyle.nohavitza@gavilon.com

Alternate Email: Dinah Kern & Kyle Nohavitza

Address: 779 FM 1432 Victoria TX 77905