Contract Details: # 175-M3

Number 175-M3
Description Asphalt Content Tester Furnace & Nuclear Gauges With Trade-In
Category Managed
Type Term
Start Date 8/30/2012
End Date 2/28/2019
Purchase Category Code(Agencies Only) PCC C
Optional Renewal Terms No Remaining Renewals
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) 175-36
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 175-M3 Price Sheet (xls)


Trade-In Credit for Obsolete Nuclear Gauges (“where is, as is”)

1. The gauges may be operable or inoperable and may be with or without a case.

2. All gauges are leak tested at twelve-month interval and the analysis of leak test samples has found no reportable leakage in accordance with the Texas Administrative Code (TAC) 289.201(g).

3. The trade-in gauge models may include but is not limited to the following:

A. Troxler 3241 C

B. Troxler 3411-B (only those with S/N below 13000)


D. Humb 5001/5001EZ/5001P/5001B

4. Maximum quantity of two (2) trade-in gauges per each Asphalt Content Tester Oven purchased.

5. The gauge(s) to be picked up by the contractor. The contractor shall pay all transportation related cost of the trade-in nuclear gauges. Note: The customer shall arrange removal & transportation of trade-in nuclear gauges with the contractor.

6. The customer’s District Nuclear Safety Officers (DNSO) shall return gauges by ground freight and send a copy of all gauge-related documents to the customer’s RSO and retain a copy for DNSO permanent record.

7. At the time of removal, the DNSO will provide to the contractor all required hazardous material transportation papers and pertinent gauge documentation.

Warranty Details Asphalt Content Tester Furnace shall be warranted against defective materials, workmanship, and failures for twelve (12) months from date of acceptance covering 100 percent parts and labor cost. If manufacturer’s standard warranty period is in excess of 12 months, the standard warranty period shall apply.

1. The contractor shall furnish the manufacturer’s warranty card with the equipment indicating the terms and conditions of warranty.

2. At time of delivery, the contractor shall furnish a list of names and addresses of servicing dealers available to perform warranty work.

3. Warranty start date shall be effective the day the unit is placed into service and accepted. Provisions shall be made by the contractor to provide a delayed warranty start date for each unit furnished to this specification. Instructions shall be included with each unit delivered, advising the customer of the procedures to be followed for obtaining the delayed warranty start date.

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).
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%.
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

Contractor Information

VID: 15607537444

Contractor: Troxler Electronic Labs, Inc.

Contact Name: Michael Dixon


Phone: (919) 485-2212

Alternate Phone: (817) 235-7517

Address: P O Box 12057, Research Triangle Park, NC 27709