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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: 03/2010

End Date: 08/2014


  1. CONTRACT NO: 269-A3


    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): 269-80

    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.


    The final date which orders can be entered into TxSmartBuy to guarantee delivery.

    ABO Pharmaceuticals - May 1, 2014

    GlaxoSmithKline - March 31, 2014

    McKesson Medical-Surgical Minnesota - July 15, 2013

    Novartis Vaccine and Diagnostics, Inc. - April 1, 2014

    Sanofi Pasteur Inc. - March 31, 2014

  3. TERM OF CONTRACT: March 1, 2010 through February 28, 2011
    RENEWAL: March 1, 2011 through February 29, 2012
    RENEWAL: March 1, 2012 to February 28, 2013
    RENEWAL: March 1, 2013 to February 28, 2014

    EXTENSION: March 1, 2014 to August 31, 2014


    ABO Pharmaceuticals: August 28, 2014 or sooner if requested prior to shipment

    GlaxoSmithKline: Full or partial by September 15, 2014 with the balance by October 31, 2014

    McKesson Medical-Surgical Minnesota: Full by September 30, 2013

    Novartis Vaccine and Diagnostics, Inc.: 100% by October 15, 2014

    Sanofi Pasteur Inc.: 50% or more by September 30, 2014 with the balance by October 31, 2014

  5. Federal Excise Tax will be collected on all orders of influenza vaccines at a rate of $0.75 per dose and added as a separate line item on Invoice.


    Novartis Vaccine and Diagnostics, Inc.: Invoice paid in 30 days – 2%

  7. SHIPPING INFORMATION: For invoicing and delivery after September 1, 2014

  8. WARRANTY: Manufacturer's Standard Warranty

  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

  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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