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NOTE: The products listed are for use by eligible State of Texas entities ONLY and are not for personal purchase or purchase by commercial entities.

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Contract Terms and Instructions


Start Date: 05/2010

End Date: 01/2015

Section 1 - Special Instructions and Conditions

                                Commercial Cafeteria Equipment and Supplies

1.2   PURCHASE ORDERS:  Only contract purchase orders issued through the TxSmartBuy on-line
      ordering system are eligible for contract pricing.

      The Contractor agrees not to ship any materials until issuance of a Purchase Order by the
      authorized ordering entity (State Agency, Higher Education, or Cooperative members).

1.3   TERM OF CONTRACT:  May 1, 2010 through January 31, 2011
      Renewal Term:  February 1, 2011 through January 31, 2012
      Renewal Term:  February 1, 2012 through January 31, 2013
      Renewal Term:  February 1, 2013 through January 31, 2014
      Renewal Term:  February 1, 2014 through January 31, 2015 


1.5   DELIVERY AFTER RECEIPT OF ORDER: Please refer to the awarded contractor's site for delivery information.

1.6   SHIPPING (FREIGHT) INFORMATION:  FOB Destination with special shipping options available.

1.7   WARRANTY:  Standard Manufacturer's warranty applies.

1.8   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.

1.9   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

1.10  TPASS CONTACT: Questions concerning technical specifications should be directed to:

      Melissa McIlroy CTPM, CTCM
      Texas Procurement and Support Services
      Phone: (512) 463-3174

1.11  ADDING NEW PRODUCTS TO THE CONTRACT:  Following the contract award, additional products 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 manager.


      The Comptroller of Public Accounts (CPA) administers a vendor performance program
      for use by all ordering entities per Texas Government Code, Title 10, Subtitle D, Section
      2155.077. The Vendor Performance and Debarment Program relies on the ordering
      entity's participation in gathering information on vendor performance. Ordering Entities
      shall report vendor performance on purchases over $25,000 from contracts administered
      by the commission or any other purchase over $25,000 made through delegated authority
      granted by CPA (TAC 20.108). 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.

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