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Contract Terms and Instructions

390-GS FOODS, PERISHABLES

Start Date: 01/2011

End Date: 10/2014

SPECIAL INSTRUCTIONS AND CONDITIONS

  1. CONTRACT NO: 390-GS
    FOODS, PERISHABLES
  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.

    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. MINIMUM ORDERS AND FEES:

    It is recommended that customers take the following fees into consideration for determining the best value for a purchase within any of the five (5) Texas Zones.

    LABATT FOOD SERVICES LLC
    Minimum Total Order Amount: $500.00
    Flat Fees for Orders less than minimum order amount:
    $25.00 for Orders $250.00 - $499.00
    $50.00 for Orders $100.00 – 249.00
    $75.00 for Orders Less Than $100.00

    BEN E. KEITH – SAN ANTONIO
    Minimum Total Order Amount: $500.00
    $35.00 Flat Fee for Orders less than $500.00

    BEN E. KEITH – AMARILLO
    No Minimum Orders or Fees

  4. TERM OF CONTRACT: January 3, 2011 through October 31, 2011
    Renewal Term: November 1, 2011 – October 31, 2012
    Renewal Term: November 1, 2012 – October 31, 2013
    Renewal Term: November 1, 2013 – October 31, 2014

    RENEWAL OPTIONS:
    4th Renewal Period: November 1, 2014 – October 31, 2015

  5. DELIVERY DAYS ARO:

    Labatt Food Service, LLC – 21 Days
    Ben E. Keith Foods – San Antonio and Amarillo – 14 Days

  6. SHIPPING INFORMATION: FOB Destination, freight included in the unit price
  7. SUBSTITIONS: 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.
  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

  9. TPASS CONTACT: Questions concerning technical specifications should be directed to:

    Melissa McIlroy, CTPM, CTCM
    Texas Procurement and Support Services
    Phone: (512) 463-3174
    E-mail:melissa.mcilroy@cpa.state.tx.us

  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.
  11. CONTRACTOR PERFORMANCE:

    The Comptroller of Public Accounts (CPA) administers a vendor performance program ordering entities per Texas Government Code, Title 10, Subtitle D, Section relies on the ordering 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:

    1. Identify vendors that have exceptional performance.
    2. Aid purchasers in making a best value determination based on vendor past performance.
    3. Protect the state from vendors with unethical business practices.
    4. Provide performance scores in four measurable categories for the CMBL vendors.
    5. Track vendor performance for delegated and exempt purchases.
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