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Contract Terms and Instructions

420-M3 (advertised As 420-M2.1) Furniture, Institutional Case Goods and Kits

Start Date: 05/2013
End Date: 08/2014

  1. DESCRIPTION OF CONTRACT: TPASS MANAGED CONTRACT NO. 420-M3
    Furniture, Institutional Case Goods and Kits
  2. HOW TO ORDER:

    Customers must issue an internal purchase order and reference CPA Contract No. 420-M3 to be eligible for Contract pricing.

    For State Agencies: Use Purchase Category Code C

    NIGP Class/Item
    420-11 420-14 420-16 420-18
    420-40 420-44 420-48 420-52

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

  3. BAY PRODUCT DEVELOPMENT PRICING AND DELIVERY INFORMATION (XLS)
  4. NIGHTINGALE CORPORATION PRICING AND DELIVERY INFORMATION (XLS)
  5. CONTRACTORS

    Payee ID No.: 13920181180
    Bay Product Development
    1667 Main Street
    Green Bay, WI 54302
    Contact: Erik K. Walstrom
    Phone: 303-962-6770
    E-mail: erik@bayproductdevelopment.com
    Expedited Payment Discount: NONE

    Payee ID No.: 19803835834
    Nightingale Corporation
    2301 Dixie Road
    Mississauga, Ontario, L4Y 1Z9
    Contact: Inga Carpino
    Phone: 800-363-8954 x237
    Email: icarpino@nightingalechairs.com

  6. TERM OF CONTRACT: June 3, 2013 thru August 31, 2013
    Renewal Term: September 1, 2013 thru August 31, 2014

    RENEWAL OPTIONS: Three (3)
    2nd Renewal: September 1, 2014 thru August 31, 2015
    3rd Renewal: September 1, 2015 thru August 31, 2016

  7. CONTRACT REQUIREMENTS: Bay Products
    Contractor shall provide 1,000 current brochures, at no additional cost, on September 1 of each contract year.
    1. Contractor shall provide all materials, components and equipment necessary to assemble and/or install systems. This includes but is not limited to all jigs, clamps, presses, special tools and touch-up paint.
    2. If requested, the Contractor shall be available for application and / or information assistance at the TDCJ factory at no additional cost to the customer. Contractor shall be available for on-site assistance within 48 hours of request.
    3. Contractor shall provide computer access via internet to support services updates on all new and additional items.
    4. The manufacturer's catalog shall include service and sales aids with associated pricing to include but not limited to:
      1. planning guide
      2. specifications
      3. assembly instructions
    5. Pricing on all services must be clearly stated on the manufacturer's price list. Any services provided to the TDCJ at no charge must also be stated.
    6. Proposed and delivered products shall be new, unused, of current production, and in first class condition, including containers suitable for shipment and storage, unless otherwise specified in the solicitation.
    7. Any item that arrives damaged must be replaced by the contractor within 45 days of notification
      from TDCJ. Failure to do so may result in cancellation of the contract.
    8. Any item that arrives damaged must be replaced by the contractor within 45 days of notification from TDCJ. Failure to do so may result in cancellation of the contract.
    9. The contractor shall provide a 24 hours' notice prior to delivery for instructions.
  8. WARRANTY REQUIREMENTS: Bay Products
    1. The distributor shall warrant the product(s) to be free from defects in material and workmanship for a period of one year from the shipment date provided written notice thereof is given to the manufacturer within 30 days of the appearance of such defect.
    2. The distributor will, after inspection by its authorized representative, at its option, either repair the item(s), or replace the item(s) within a 21 day period.
    3. The warranty shall not apply to shipping damage, allowable tolerances, handling damages or damage due to storage conditions.
    4. The liability of the distributor shall be limited to the warranty statement which is made in lieu of all warranties and liabilities expressed or implied.
  9. CONTRACT REQUIREMENTS: Nightingale
    1. Contractor shall provide 1,000 current brochures, at no additional cost, on September 1 of each contract year.
    2. Contractor shall provide all materials, components and equipment necessary to assemble and/or install systems. This includes but is not limited to all jigs, clamps, presses, special tools and touch-up paint.
    3. If requested, the Contractor shall be available for application and / or information assistance at the TDCJ factory at no additional cost to the customer. Contractor shall be available for on-site assistance within 48 hours of request.
    4. Contractor shall provide computer access via internet to support services updates on all new and additional items.
    5. The manufacturer's catalog shall include service and sales aids with associated pricing to include but not limited to:
      1. planning guide
      2. specifications
      3. assembly instructions
  10. CONTRACT SPECIFICS: Nightingale
    1. Nightingale agrees to use the CPA warranty in the Part A.6.6.a with Nightingale Warranty as amicable alternative to one year.
    2. 'Should the materials have been ordered by mistake by TCI, then TCI will cover the cost of return freight.' We are in agreement that this will replace the 10% restock fee.
    3. There shall be no fees charged for cancellation of an order prior to shipment by the Contractor.
    4. There is a minimum ship of $10,000.00. As modified by Addendum #1
  11. WARRANTY REQUIREMENTS: Nightingale
    The warranty will cover the completed product and all parts of the product and all materials and parts required to repair any faults and/or defects of design, material and workmanship of the product.

    The warranty will run for one (1) year from the date the equipment is inspected and accepted by the Customer. If no time or specific protocol for acceptance is specified elsewhere in the Contract or the Customer purchase order, items are presumed accepted ten working days after receipt.

    The Contractor will provide warranty service free of any charge, including all necessary repairs, any shipping necessary to return the equipment or ship it to a repair site and removing or reinstalling the equipment when necessary. The Contractor will repair any materials and parts that are defective in materials or workmanship. In the event repair is not possible, the Contractor will either replace the equipment with new equipment of similar composition and price or refund the full purchase price of the equipment, whichever the Customer prefers. If items are ordered in error, the Customer will return the item(s) and pay the shipping. The 10% restock fee will be waived.

  12. WARRANTY SERVICE: Nightingale
    Respondents are required to complete and return with proposal, Attachment D - Authorized Warranty Service Provider contact information.

    After the Customer contacts the Contractor's authorized warranty service provider, the service representative will come to the Customer specified location and take any necessary action to correct problems covered by the warranty.

  13. 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.
  14. 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
    tpass_cmo@cpa.state.tx.us

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

    Dana L. Edwards, CTPM - CTCM
    Texas Procurement and Support Services
    Phone: (512) 463-2563
    dana.edwards@cpa.state.tx.us

  16. 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.
  17. 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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