Contract Details: # TXMAS-7-780160 exp. 5/31/2016

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Number TXMAS-7-780160 exp. 5/31/2016
Description Flags, Banners, Pennants, And Related Products
Category TxSmartBuy
Type TXMAS
Start Date 8/23/2007
End Date 5/31/2016
Base Contract GS-07F-9501S
Purchasing Category Codes (Agencies Only) PCC X
Purchase Orders Only purchase orders issued through TxSmartBuy are eligible for contract pricing. Contractors cannot ship any products or provide services until issuance through TxSmartBuy and receipt of a Purchase Order. If a TXMAS contract does not have items available in the TxSmartBuy system, a quote order line item should be added to the cart with an attachment that describes order details.
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

Contract Specific/Notes EAGLE UNITED U.S.A. INC., DBA EAGLE MOUNTAIN FLAG AND FLAGPOLE
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.
Purchase Order Cancellations 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 Refer to contract upon which TXMAS contract is based.
Contract 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

Rebate Reporting Requirements For Federal Funding

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.

FOB Point ORIGIN
Order Limitations 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 - NONE Maximum Order - $100,000
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 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.

Contractor Information