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Contract Terms and Instructions

180-A1 CHEMICAL RAW MATERIALS

Start Date: 04/2013

End Date: 08/2014

  1. HOW TO ORDER:

    Enter requisition(s) into the TxSmartBuy on-line ordering system. Only purchase orders issued through TxSmartBuy are eligible for contract pricing.

    For State Agencies: PCC A

    NIGP Code(s):

    180-02 180-20 180-24
    180-30 180-36 180-48
    180-54 180-74 180-88
    180-92 180-93

    The Contractor agrees not to ship any materials until issuance of a Purchase Order through TxSmartBuy by the State Agency, Higher Education, or Cooperative member.

    Only purchase orders issued through the approved CPA purchasing system, TxSmartBuy, are eligible for Contract pricing.

    Purchase orders dated during the term of the Contract must be honored even if received by the contractor after the Contract expiration date. Pricing is established by the date the purchase order is placed unless otherwise stated in the Contract.

  2. TERM OF CONTRACT: May 1, 2013 thru August 31, 2013
    Renewal Term: September 1, 2013 thru August 31, 2014

    RENEWAL OPTIONS:
    2nd Renewal Period: September 1, 2014 thru August 31, 2015
    3rd Renewal Period: September 1, 2015 thru August 31, 2016
    4th Renewal Period: September 1, 2016 thru August 31, 2017
    5th Renewal Period: September 1, 2017 thru August 31, 2018

  3. CPA CONTRACT MANAGEMENT: For a copy of the contract and/or 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

  4. CONTRACT SPECIFICS

    1. FREIGHT INCLUDED

      Shipping F.O.B. destination; Unit prices include all shipping, handling fees, fuel surcharges and delivery fees.

    2. DELIVERY DAYS AFTER RECEIPT OF ORDER (AR0)

      The delivery days ARO are available for each line item in the TxSmartBuy system

    3. PRODUCT SHELF LIFE

      The shelf life of each chemical is listed within the description.

    4. PRE-PRODUCTION SAMPLE REQUIREMENTS

      The contractor(s) may be required to submit a pre-production sample for any awarded line item forverification of the product's compliance with the specifications of the RFP. The request will be provided in writing from the customer and coordinated with CPA. The cost of providing the pre-production sample will be the responsibility of the contractor.

      The size of the pre-production sample will be mutually agreed upon by the contractor and the customer.

      If the pre-production sample meets the test parameters and specifications, it will then be considered part of the first order and if the product is not currently listed on the Approved Products List (APL), it will be added. Upon completion of the inspection, written authorization will be made for shipment of the balance of the order.

      If the pre-production sample does not meet the specifications, the state reserves the right to cancel the contract and re-award or re-advertise the line item. The pre-production sample will not be returned to the contractor.

    5. COMPLIANT PRODUCTS

      Providing products or materials which do not meet all specification requirements does not constitute delivery. Delivery does not occur until the Respondent delivers products or materials 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. 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.

      At the discretion of the Customer, any shipment may be tested for compliance with the MSDS, and uniformity of the product. If product fails to meet specifications, the Contractor will be notified by the customer. The Contractor will have ten (10) working days after notification to remove the rejected material from state property. Material not removed in the allotted time period will be disposed of by the customer. Contractor shall replace entire shipment within fifteen (15) working days. The new shipment may be subject to Product Conformity Testing. Failure to meet specifications again will be grounds for cancellation of the contract line item.

    6. SHIPPING DELIVERY AND PACKAGING

      1. 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.

      2. Packaging and Labeling
        All items shipped must be properly labeled, with weather resistant labeling, showing the brand name, package quantity, lot number (if applicable) and any other necessary identifying information.

        Packing for shipment shall be in accordance with the manufacturer's standard practice and in a manner readily accepted by common carriers engaged in interstate commerce. Within the shipping carton, units shall be packed in a manner designed to minimize damage during the shipment because of rough or improper handling. Each container shall bear a durable label containing the name of the product and instructions for use, including required precautionary statements.

      3. Package Markings:
        Each shipping container shall be clearly marked with the following:

        1. Name of contents, including brand name, if any.
        2. Quantity contained in pounds and/or kilograms.
        3. Name and address of the manufacturer.
        4. Warning statements as required by governmental regulations. A label on a container of a hazardous chemical must meet the requirements of the most current OSHA standards.
        5. The following additional information shall either be marked on the container or appear on the shipping documents:
          • Purchase order number or contract number.
          • Name and address of customer.
          • Customer's requisition/purchase order number.
    7. COMPLIANCE DOCUMENTS AT DELIVERY

      The contractor must comply with the following documents upon delivery:

      1. Certificate of Analysis (CA)
        A certificate of analysis from the manufacturer shall be submitted with each shipment.
      2. Material Safety Data Sheets (MSDS): All Items must conform to the Texas Hazard Communications Act by being certified as nontoxic or providing an official MSDS sheet Conforming to the requirements of the most current OSHA standards. A copy of the official MSDS sheet for each applicable chemical product must be submitted with each sample; each initial shipment; and updated MSDS must be provided with the first shipment after update.
    8. SPECIAL DELIVERY REQUIREMENTS:
      Customers may have specific, internal delivery rules and policies. These will be provided with each purchase order issued by the customer. The contractor(s) will be required to adhere to those requirements.

    9. DELIVERY DELAYS:
      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 (without accepted reasons) or failure to meet specifications authorizes the Customer to purchase goods and services of this RFP 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 Respondent from the State's Centralized Master Bidders List (CMBL).

    10. RESTOCKING FEE:
      The Customer may request that a Contractor accept return of merchandise already delivered or that a Contractor cancel an order prior to delivery. 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%. There shall be no fees charged for cancellation of an order prior to shipment by the Contractor.

  5. 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.

  6. 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.

  7. CONTRACTOR PERFORMANCE:

    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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