Contract Details: # TXMAS-21-84001

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Number TXMAS-21-84001
Description Television Equipment and Accessories
Category TxSmartBuy
Type TXMAS
Start Date 6/24/2021
End Date 5/1/2023
Fed GS-03F-069AA
Purchase Category Code(Agencies Only) PCC X
Optional Renewal Terms May 2, 2023, through June 23, 2026
Purchase Orders Only purchase orders issued through Texas SmartBuy (TSB) are eligible for contract pricing. The Contractor cannot ship any products or provide services until receipt of a Purchase Order generated by the TSB system.

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. The TSB shopping cart allows up to 45 line items. Once 45 line items are added to the TSB shopping cart, the additional order items must be totaled and entered using the quote order line.

2. State agencies must enter no less than 20 items into the TSB shopping cart before utilizing the quote line option. Texas SmartBuy Members are encouraged to add items to the TSB cart before utilizing the quote line option.

3. All purchase orders that include a quote order line require the attachment of a completed contractor quote containing the following:

  • Detailed, unit pricing of all contracted items and services.

  • The contractor’s TXMAS contract number clearly identified.

  • Open market, or incidental, items clearly identified.

4. Validation of contract pricing and item availability is the responsibility of the purchaser in determining best value. When the attachment is confirmed, SPD will release the purchase order to the TXMAS contractor for fulfillment.

5. If approval is requested prior to the order being inputted in TSB, or SPD assistance is requested to validate pricing or item availability, the information may be submitted to txmasquote@cpa.texas.gov.

Customers may only purchase TXMAS goods or services from a TXMAS Contractor online through Texas SmartBuy. CPA does not authorize any offline sales of this TXMAS contract's goods or services.

IMPORTANT: The services provided by this contract may be a service subject to the provisions of Texas Government Code Chapter 2254. A state agency, as defined by Texas Government Code Chapter 2254, may only acquire the services subject to Texas Government Code Chapter 2254 according to the procedures identified in that chapter. Failure to comply with the provisions of Texas Government Code Chapter 2254 could result in a void contract.
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.

Minimum order:
$100.00

Maximum order:
$100,000.00
State Contracts Prior to purchasing from a TXMAS contract, public procurement personnel must follow applicable procurement procedures as stated in the Procurement and Contract Management Guide. Agencies must first purchase products or services offered by WorkQuest, Texas Correctional Industries (TCI), and the Statewide Procurement Division (SPD) Term Contracts.
CPA Contract Management Questions regarding contract management issues, price changes, amendments or other post-award concerns should be directed to:

SPD Contract Management
Texas Comptroller of Public Accounts (CPA)
Phone: (512) 463-3034 option 3
Email: txmas@cpa.texas.gov
Approved Products/Services Other than incidental items expressly allowed under this Contract, Contractor may not sell and Customers may not purchase goods or services under this Contract that are not included in the TXMAS Catalog for this Contract. Therefore, to the extent the Base Contract contains terms which allow additional items to be purchased such as blanket purchase agreements and contractor team arrangements, those terms are excluded from to this Contract.

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 value" items.

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 by the Customer to the Statewide Procurement Division for review and consideration of an exception. Exception requests shall be submitted to txmasquote@cpa.texas.gov. The request must include a copy of the complete contractor quote listing all core items and a detailed incidental charge breakdown.
Contract Specifics/Notes Installation is not part of the base and TXMAS contract, therefore should be entered under the TXMAS incidentals tab on the “Add Item to Cart” screen.

TXMAS prices may be validated against the base contract’s price list. TXMAS contractors are authorized to charge up to 1.5228% more than their base contract price.

GSA Contract Information
FOB Point FOB Destination. Freight included.
Warranty Details Standard Manufactures Warranty. Return of merchandise (other than consumer electronics and computers) is allowed within 30 days of ship date, subject to the following: Defective or damaged merchandise will be accepted for return for a full refund if customer notifies Divine Imaging, Inc. of defect/damage within 30 days. Returned merchandise (other than defective or damaged goods) must be in new, unopened, resalable condition, in the original manufacturer packaging. All returns must be authorized in advance by Divine Imaging, Inc. via email or fax. The customer must obtain from Divine Imaging, Inc a Return Authorization Number prior to shipping return merchandise.
Expedited Payment Discount 2% - 15 Days/Net 30 Days for Divine Imaging Inc.
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 Return of merchandise (other than damaged or defective goods) subject to a 25% restocking fee, plus original shipping costs and cost of return shipping. Merchandise identified as “end of life” at the time of order may not be returned for any reason except damage or defect. Computers and consumer electronics may not be returned, except for reasons of damage or defect. Divine may, at its sole discretion, agree to certain exceptions to this policy. All exceptions will be subject to a restocking fee of 25% plus original and return shipping costs. Divine Imaging, Inc. may, at its sole discretion, agree to exchange certain computers or consumer electronics within 30 days and provided that the exchanged items are returned in new, unopened, resalable condition, in the original manufacturer packaging. In the event that Divine Imaging, Inc. agrees to exchange merchandise, a restocking fee of 25% plus original and return shipping costs will apply. Remedies for damage or defect reported to Divine Imaging, Inc. from ship date are limited to those provided by the manufacturer’s warranty. In the event that 2 or more attempts to pick up return merchandise from the customer are unsuccessful, that return will be subject to addition call tag fees, over and above other restocking and/or shipping charges. Cancellations: Divine will accept cancellation of orders without charge to the customer, provided that the cancellation order is received within 24 hours of the original order and provided that the product has not been shipped prior to receipt of the cancellation order
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 to 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 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
• Track vendor performance for delegated and exempt purchases

Contractor Information

VID: 12081593654

Contractor: Divine Imaging Inc.

Contact Name: Kim Devane

Email: kim@divineimaging.com

Phone: (310) 579-4000

Alternate Contact Name: Maddie Moorehead

Alternate Email: Maddie@divineimaging.com

Alternate Phone: (310) 579-4000

Address: 21323 Pacific Coast Hwy., Ste. 101 Malibu CA 90265