Contract Details: # 390-G2 exp 8/31/2016

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Number 390-G2 exp 8/31/2016
Description Food Products For TDCJ
Category TxSmartBuy
Type Term
Start Date 9/1/2013
End Date 8/31/2016
Purchasing Category Codes (Agencies Only) PCC A
Optional Renewal Terms September 1, 2017 through August 31, 2018
September 1, 2018 through August 31, 2019
Purchase Orders Only purchase orders issued through TxSmartBuy are eligible for contract pricing. The Contractor will not ship any products or provide related services until receipt of a Purchase Order generated by the TxSmartBuy system.
NIGP Code(s) 38506
38542
38544
38546
38547
38596
39005
39007
39056
39084
39091
39304
39310
39330
39332
39333
39334
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39336
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39340
39341
39342
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39346
39348
39350
39351
39354
39355
39359
39360
39361
39362
39363
39365
39367
39368
39369
39370
39371
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39374
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39376
39377
39378
39380
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39387
39388
CPA Contract Management Questions regarding contract management issues, price changes, amendments or other post-award concerns should be directed to:

TPASS Contract Management Office (TCMO)
Texas Comptroller of Public Accounts (CPA)
Fax: (512) 936-0040
Email:tpass_cmo@cpa.state.tx.us
Contract Specific/Notes DELIVERY Within 30 calendar days for cafeteria items. Within 14 calendar days for commissary items.
Expedited Payment Discounts Following the contract award, additional products or services of the same general category that could have been encompassed in the award of this contract, and that are not already on the contract, may be added. Customers are encouraged to request additional items by contacting the TPASS Contract Management Office.
Adding New Products to Contract Following the contract award, additional products or services of the same general category that could have been encompassed in the award of this contract, and that are not already on the contract, may be added. TPASS customers are encouraged to request additional items by contacting the TPASS Contract Management Office.
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 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 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.
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

Contractors Information