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Contract Terms and Instructions

390-G0-FOOD PRODUCTS - PERISHABLES - TDCJ TRUCKLOAD QUANTITIES

Start Date: 09/2009

End Date: 08/2013


Section 1 - Special Instructions and Conditions

1.1   DESCRIPTION OF CONTRACT:  CONTRACT NO. 390-A1
                                FOOD PRODUCTS - PERISHABLES - TDCJ TRUCKLOAD QUANTITIES

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:  September 1, 2009 through August 31, 2010

      1st RENEWAL TERM:  September 1, 2010 - August 31, 2011
      2nd RENEWAL TERM: September 1, 2011 - August 31, 2012
      3rd RENEWAL TERM: September 1, 2012 - August 31, 2013
      
1.4   SPOT PURCHASE OPTION: NONE

1.5   DELIVERY AFTER RECEIPT OF ORDER: 30 DAYS

1.6   SHIPPING (FREIGHT) INFORMATION:  Freight included in unit prices.

1.7   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.

1.8   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
      E-mail: tpass_cmo@cpa.state.tx.us

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

      Dee Dorsey, CTPM
      Texas Procurement and Support Services
      Phone: (512) 475-2459
      E-mail: dee.dorsey@cpa.state.tx.us

1.10  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.

1.11  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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