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Contract Terms and Instructions


Start Date: 10/2010

End Date: 8/2014

A.	CONTRACT NO. 550-A2 -- Traffic Control Devices, Markers, Delineators

	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.  

C.	TERM OF CONTRACT:  October 1, 2010 through August 31, 2013
	Renewal Term: September 1, 2013 thru August 31, 2014

	2nd Renewal Period:   September 1, 2014 through August 31, 2015

D.	SPECIFICATIONS: The detailed material specifications and other technical documents referenced
	throughout these instructions can be accessed by going to one of the links listed below: 

E.	DELIVERY DAYS ARO:  Each line item in TxSmartBuy reflects delivery days after receipt 
	of order (ARO) under normal conditions. "Delivery Days" means calendar days, unless otherwise 
	specified. Delivery does not occur until the Contractor delivers products or materials in full 
	compliance with the specifications to Customer's F.O.B. destination point, unless delivery is 
	specifically accepted, in whole or in part, by the Customer.

F.	SHIPPING INFORMATION:  All shipping shall be F.O.B. destination Freight Prepaid and Allowed. 
	Prices include all shipping and handling fees unless stated otherwise. All shipments shall include 
	a packing list indicating Purchase Order (PO) number, Item Number ID, Quantity Ordered, Quantity 
	in Shipment, Number of Packages and Back Order Quantity if applicable.

G.	WARRANTY:  The Contractor shall offer a product warranty equal or better than the standard 
	warranty offered by the manufacturer.  Additional warranty requirements shall be in accordance 
	with Detailed Specifications referenced in Section D.  Contractor shall furnish warranty 
	documentation on products with each delivery, or within 5 business days from the request by the Customer.

H.	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 for the substitution before making delivery.

I. PRODUCT ACCEPTANCE: Product listed in this contract may require the Contractor to submit 
	pre-shipment samples for testing and approval by the Customer. The testing requirements shall 
	be in accordance with Detailed Specifications referenced in Section C. The order cannot be 
	shipped until the Customer authorizes the shipment. The time required for testing will vary 
	depending upon the item but will normally not exceed 30 days after receipt of the sample. 

J.	CPA CONTRACT MANAGEMENT:  Questions regarding technical specifications, pre-award determinations, 
	contract management issues, price changes, amendments, technical specifications should be directed to 
	the Point Of Contact (POC):

	David Bennett, CTPM, CTCM
	Strategic Sourcing
	(512) 463-7817
K.	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 
	to be added by contacting the Point of Contact (POC).


Although Historic Markers (NIGP 550-28) are included under Contract 550-A2, the Texas Historic Commission (THC) is responsible for administering the State Historical Marker Program (Tex. Gov't Code Sec. 442.006). Anyone seeking to acquire an Official Texas Historic Marker must follow the processes and procedures specified by THC. Additionally, THC is responsible for submitting any and all purchase orders (through TxSmartBuy or otherwise) for Historic Markers.


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:

  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

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