Contract Details: # 269-M1 Exp. 6-30-2018

Number 269-M1 Exp. 6-30-2018
Description Vaccines, Biologicals
Category Managed
Type Term
Start Date 4/3/2013
End Date 6/30/2018
Purchase Category Code(Agencies Only) PCC C
Optional Renewal Terms SPD is transitioning to a new contract for Vaccines and Biologicals 269-C1.
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.

New Accounts: If placing an order for the first time with a Contractor, contact the Contractor first and establish an account; ensure contract 269-M1 is referenced.
NIGP Code(s) 269-36

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 SPD is transitioning to a new contract for Vaccines and Biologicals 269-C1.

269-M1 Price Sheet (XLS)

New Accounts: If placing an order for the first time with a Contractor, contact the Contractor first and establish an account; ensure contract 269-M1 is referenced.

Intended Use – NOT FOR RESALE: All pharmaceuticals are intended for medicinal use only and will not be used for experimental and/or laboratory procedures.

All pharmaceuticals will be dispensed in accordance with the pricing guidelines under the Robinson-Patman Price Discrimination Act and Abbott Laboratories v. Portland Retail Druggists Ass'n. Inc, 425 U.S. 1 (1976).

Product sold under any resultant contract to the State of Texas shall be for the Customer's "own use" and shall not be subject to resale. Customer hereby certifies and represents to Contractor that it is a non-profit institution purchasing the products described herein for its own use as defined in Abbott Laboratories v. Portland Retail Druggists Ass'n. Inc, 425 U.S. 1 (1976) and that the products are not for dispensation to person who are not patients physicians or employees of the customer or for other nonexempt dispensation. Customer further certifies that, in the event of any nonexempt use of these products, customer will submit to Contractor an accounting of such use, to be followed by an appropriate price adjustment. Additionally, violations of this policy, if proven, shall be treated as a breach of the Agreement of sales between an individual member or authorized customer and contractor(s).

In the event the Contractor identifies a misuse of this contract, they have a right to require an appropriate price adjustment.

Should Customer charge the end user a fee to administer the product, such administrative fee will not constitute a "resale" for purposes of this provision.

Date of Expiration and Origination (Manufacturer): The vaccine supplied shall not expire or be rendered unusable within twelve (12) months of receipt. The CPA reserves the right to waive this requirement on an individual basis because of the nature or availability of the product.
Warranty Details Manufacturer's standard warranty applies.
Expedited Payment Discount Sanofi Pasteur Inc.: 2% in 30 Days
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

Contractors Information