Contract Details: # 675-A2

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Number 675-A2
Description Herbicides, Insecticides, and Chemicals
Category TxSmartBuy
Type Term
Start Date 3/13/2018
End Date 3/31/2023
Purchase Category Code(Agencies Only) PCC A
Optional Renewal Terms Extension: April 1, 2022, through March 31, 2023
Purchase Orders Only purchase orders issued through Texas SmartBuy 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 Texas SmartBuy system.
NIGP Code(s) 675-25   675-40
675-55   675-85
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 Specifics/Notes Hours of Delivery
Delivery shall be made during the hours of 8:00 am to 4:00 pm (CT) to the Customer unless prior approval for after-hours delivery has been obtained from the Customer.

Identification of Shipments
In addition to the complete destination address, each delivery must be clearly marked with the purchase order number. Each shipment must be accompanied by a packing slip.

Packaging and Labeling
All items shipped must be properly labeled, with weather resistant labeling with any necessary identifying information.

The Texas Health and Safety Code, Chapter 502, Section 502.006 requires chemical manufacturers and distributors to provide a material and safety data sheet (MSDS) for each hazardous material sold. Products covered by the Act must be accompanied by a MSDS and be labeled in compliance with the law.

The contractor will pack all materials in a manner to avoid damage.

Contractor providing material which do not meet all specification requirements does not constitute delivery.
Warranty Details The warranty period will begin on the date of the Customer’s acceptance of each product proposed and is to be warranted against defects in workmanship and material for a period of ninety (90) days or the duration of the manufacturer’s standard warranty, whichever is longer.
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% for contractor.
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 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
• Provide performance scores in four measurable categories for the CMBL vendors
• Track vendor performance for delegated and exempt purchases

Contractors Information

VID: 12700253631

Contractor: Alligare LLC

Contact Name: Elaine Azzarano


Phone: (334) 741-9393

Alternate Email:

Address: 1565 5th Ave. Opelika AL 36801

VID: 17102936881

Contractor: Helena Agri-Enterprises, LLC

Contact Name: Rick Bennett


Phone: (979) 268-5206

Address: PO Box 11575 College Station TX 77845

VID: 10437691610

Contractor: Nutrien Ag Solutions, Inc.

Contact Name: Mike Standish


Phone: (512) 887-0318

Address: 3005 Rocky Mountain Avenue Loveland CO 80538

VID: 12607484107

Contractor: Winfield Solutions


Phone: (936) 870-5516

Address: 13411 Headwater Lane College Station TX 77845