Contract Details: # TXMAS-18-51V11

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Number TXMAS-18-51V11
Description Hardware Superstore
Category TxSmartBuy
Type TXMAS
Start Date 11/7/2018
End Date 9/1/2023
Base Contract GS-06F-0065N
Purchasing Category Codes (Agencies Only) PCC X
Optional Renewal Terms No renewals remaining.
Purchase Orders

Procurement Method Identification Process: Public procurement personnel must identify the appropriate procurement method as stated in the State of Texas Procurement and Contract Management Guide. 

Only purchase orders issued through Texas SmartBuy (TSB) are eligible for contract pricing. The Contractor cannot ship any products or provide services until receipt of a Purchase Order generated by the TSB system.

All purchase orders that include a quote order line (excluding linked item quotes) will be placed on hold pending Statewide Procurement Division (SPD) review.

Quote order requirements:

1. Items that are available in TSB must be placed through the TSB shopping cart. The TSB shopping cart allows up to 45 line items. Once 45 line items are added to the TSB shopping cart, the additional order items must be totaled and entered using the quote order line.

2. State agencies must enter no less than 20 items into the TSB shopping cart before utilizing the quote line option. Texas SmartBuy Members are encouraged to add items to the TSB cart before utilizing the quote line option.

3. All purchase orders that include a quote order line require the attachment of a completed contractor quote containing the following:

  • Detailed, unit pricing of all contracted items and services.
  • The contractor’s TXMAS contract number clearly identified.
  • Open market, or incidental, items clearly identified.


4. Validation of contract pricing and item availability is the responsibility of the purchaser in determining best value. When the attachment is confirmed, SPD will release the purchase order to the TXMAS contractor for fulfillment. 

5. If approval is requested prior to the order being inputted in TSB, or SPD assistance is requested to validate pricing or item availability, the information may be submitted to txmasquote@cpa.texas.gov

Customers may purchase TXMAS goods or services from this TXMAS Contractor either online through Texas SmartBuy or offline through one of the contractor’s Texas locations. It is the purchaser’s responsibility to ensure only contracted items are purchased through this contract when purchasing offline.

IMPORTANT: The services provided by this contract may be a service subject to the provisions of Texas Government Code Chapter 2254. A state agency, as defined by Texas Government Code Chapter 2254, may only acquire the services subject to Texas Government Code Chapter 2254 according to the procedures identified in that chapter. Failure to comply with the provisions of Texas Government Code Chapter 2254 could result in a void contract.

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 TXMAS prices may be validated against the base contract’s price list. TXMAS contractors are authorized to charge up to 1.5228% more than their base contract price.

GSA Contract Information
Warranty Details Standard Manufacturer's Warranty. "The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items."
Expedited Payment Discounts 2% Net 20 Days
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.
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 FOB Destination. Freight added as a separate line item.
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:
$50.00

Maximum order:
$750,000.00
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