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Contract Terms and Instructions

269-A1 DRUGS AND PHARMACEUTICALS

02/2012 through 01/2015

SPECIAL INSTRUCTIONS AND CONDITIONS

  1. CONTRACT NO: 269-A1
    DRUGS AND PHARMACEUTICALS

  2. 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 Class/Item:

    269-04 269-24 269-40 269-68 269-85
    269-08 269-28 269-52 269-75 269-88
    269-12 269-32 269-56 269-84

    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.

  3. TERM OF CONTRACT: February 13, 2012 through January 31, 2013
    Renewal Term: February 1, 2013 – January 31, 2014
    Renewal Term: February 1, 2014 – January 31, 2015

    RENEWAL OPTIONS:
    February 1, 2015 – January 31, 2016
    February 1, 2016 – January 31, 2017

  4. EXPEDITED PAYMENT DISCOUNT
    3T Federal Solutions LLC: 0.5% paid in 10 days, 0.3% paid in 15 days, 0.25% paid in 20 days
    Medique Products: 2% paid in 10 days
    Rudy Love Distributing Co.: 0.5% paid in 10 days

  5. DELIVERY DAYS ARO: Information is available in TxSmartBuy

  6. 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).

  7. COMPLIANT PRODUCTS: Providing products or materials which do not meet all specification requirements does not constitute delivery. Delivery does not occur until the Contractor 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.

  8. 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.

  9. 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.

  10. 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

  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.

  12. 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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