Contract Details: # 035-M1 exp 08/31/2015

Number 035-M1 exp 08/31/2015
Description Helicopter Parts
Category Managed
Type Term
Start Date 2/28/2010
End Date 8/31/2015
Purchasing Category Codes (Agencies Only) PCC C
Optional Renewal Terms Extension: March 1, 2015 through August 31, 2015
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.
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 Items and Pricing 035-M1 Price Sheet (XLS)

Warranty Details HELICOPTER WARRANTY: The helicopter and all additional airframe equipment provided by the airframe contractor shall have a warranty for the repair or replacement of parts, and the labor to repair or replace the parts, of not less than 1,000 flying hours or 24 months, whichever occurs first, after acceptance of the helicopter by a State of Texas authorized Agent from the completion contractor. Any warranty repairs shall be performed at the applicable helicopter manufacturer's facility. If the helicopter is grounded due to a warranty repair item and mission demands require immediate repair and return to service, the appropriate Texas Agency shall make necessary repairs by the most expeditious means available and shall be reimbursed by the contractor.

HELICOPTER COMPLETION WARRANTY: All work performed by the completion contractor shall be warranted by the completion contractor for repair, to include parts and labor, for not less than 1,000 flying hours or 24 months, whichever occurs first, after acceptance of the helicopter from the completion contractor as described in Attachment F, Completion Specification, section IV. A. Final Inspection. Any warranty repairs shall be performed at the assigned operating station of the helicopter, as determined by the respective State of Texas Agency, unless the respective agency should choose to have the warranty repairs performed at the facilities of the completion contractor. The completion contractor shall ensure that all manufactures' warranties for purchased parts, components, and products, whether installed in a helicopter or delivered as loose equipment with a helicopter, are transferred to the Texas Agency releasing the purchase order allowing the agency full benefit of those warranties as offered by the manufacturers. The completion contractor shall ensure that all manufacturers' warranty periods for purchased parts, components, and products, whether installed in a helicopter or delivered as loose equipment with a helicopter, begin with the date that the Texas Agency releasing the purchase order (herein referred to as Agency) accepts the helicopter as described in IV.

Final Inspection. The completion contractor shall ensure that said Agency receives the full warranty period allowed by the parts, components, or products manufacturers, as though the Agency had purchased the part, component or product, and had immediately placed that part, component or product into the service of the Agency, having met all conditions required to receive the full effect of the manufacturers' warranty period. Should the completion contractor fail to comply with the requirements of the preceding two (2) paragraphs, the completion contractor shall act in the part, component, or product manufacturers' stead, and shall satisfy the part, component, or product manufacturers' warranty obligation as though the requirements of the preceding two (2) paragraphs had been satisfied, so that the Texas Agency receives the full benefit of those warranties as offered by the manufacturers, now provided by the completion contractor.
Adding New Products to 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 open.market@cpa.texas.gov .
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% for contractors.
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