Contract Details: # TXMAS-21-12001

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Number TXMAS-21-12001
Description Boats, Over 21 Feet, Including Ferries
Category TxSmartBuy
Type TXMAS
Start Date 7/16/2021
End Date 7/15/2026
Base Contract GS-07F-0362T
Purchasing Category Codes (Agencies Only) PCC X
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 only purchase TXMAS goods or services from a TXMAS Contractor online through Texas SmartBuy. CPA does not authorize any offline sales of this TXMAS contract's goods or services.

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 Installation is part of the base and TXMAS contract, therefore should be entered under the Charges tab on the “Add Item to Cart” screen.

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 One Year Complete Boat Warranty.
One (1) year from acceptance of vessel by the customer. Metal Shark will repair or replace any affected item and will bear the cost of such remedy entirely. Metal Shark reserves the right to direct the vessel to a local repair facility of their choosing, request the vessel be returned to Metal Shark’s manufacturing facility or direct subcontracted personnel to affect repairs. It will be the responsibility of the customer to make the vessel and/or its component problem available at an agreed location or to personnel designated by Metal Shark to remedy the warranty issue.

Five Year Structural Warranty.
Five (5) Years from acceptance of vessel by the customer. Structural repair or replacement shall be done at the discretion of the Builder. It will be the responsibility of the Owner to bring the vessel at his expense to Metal Shark or an agreed-upon facility capable of remedying the warranty issue. No warranty work will be performed without an agreed cost approved by the Builder.


Warranty Claim Procedure.
Purchaser will notify Builder in writing of any warranted defect within ten (10) days of its discovery, but under all circumstances before the Warranty Period expires. Purchaser will notify Builder in writing of any grounding that may occur within five (5) days of the incident. If practicable, Purchaser shall bring the Vessels to Builder's shipyard for the warranty work. If it would be impracticable to return the Vessels to Builder's shipyard for repair, Builder may either (i) send its own employees, sub-contractors or other designee to repair the Vessels where she is berthed, in which case Purchaser shall make her available, or, (ii) if Builder chooses not to send its employees, subcontractors or other designees, authorize Purchaser, subject to Builder's reasonable written approval after notification, to cause the repairs to be made at an approved facility, in which case Builder shall pay, or reimburse Purchaser for payment of, the costs of repair. However, no work shall be authorized to be performed for the account of Builder without Builder's specific prior written approval of a purchase order or work order submitted by the repair facility and counter-signed by Builder. If oral statements have been made regarding the warranty, such statements do not constitute warranties and are not part of the contract of sale.

Warranty
Expedited Payment Discounts N/A
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.
Restocking Fee Unused spare parts may be returned if its in the original packaging and are subject to a 30% restocking fee.
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. Time of Delivery: 365 Days ARO.
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 order:
$100.00

Maximum order:
$250,000.00
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

VID: 17213087855

Contractor: Gravois Aluminum Boats, LLC dba Metal Shark Boats

Contact Name: Leigh Ann Ripka-Noel

Email: lnoel@metalsharkboats.com

Phone: (337) 364-0777

Alternate Contact Name: Laurie Clement

Alternate Email: lclement@metalsharkboats.com

Address: 6814 E. Admiral Doyle Jeanerette LA 70544