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Contract Terms and Instructions

615-A1 - GENERAL OFFICE PRODUCTS

Start Date: 09/2010

End Date: 08/2014

SPECIAL INSTRUCTIONS AND CONDITIONS

  1. NIGP CLASS-ITEMS INCLUDED IN CONTRACT
    195-80 207-30
    207-72 450-06
    600-82 605-60
    605-63 605-65
    605-67 605-69
    605-82 605-85
    605-88 615-ALL
    620-10 620-20
    620-50 620-60
    620-70 620-71
    620-79 620-80
    620-81 620-85
    620-86 620-90
    620-94 645-21
    645-33

    Note to customers: This is provided as a convenience to our customers and is not intended to be an exhaustive list. The list only details the most commonly purchased class-items available in the contractors' catalog for this contract. Also, some class-items may be available through other TPASS Term Contracts or DIR. Customers should use due diligence in determining best value.

  2. HOW TO ORDER:

    State Agencies and CO-OP customers will be able to purchase contract items through the TxSmartBuy ordering system via punch-out to the vendor website to add items to a shopping cart and use the check out process for a purchase order. State agencies will be required to enter requisition(s) into the TxSmartBuy ordering system.

  3. TERM OF CONTRACT: 09/14/10 through 08/31/13
    Renewal Term: 09/01/13 through 08/31/14

    RENEWAL OPTIONS:
    2nd Renewal Period: 09/01/14 through 08/31/15

  4. DELIVERY DAYS ARO:

    Contractors must be able to deliver to any location, within their designated delivery area, as specified on an individual order. These locations may include but not be limited to: inside buildings, high rise buildings, and receiving docks.

    Delivery Schedule: Contractors have committed to the following delivery timeframes for delivery after receipt of order (ARO) for urban and rural areas under normal conditions. Delivery schedules must be provided for both urban and rural areas. Urban and rural areas are defined as follows:

    Metropolitan/Urban Areas: cities/towns with a population greater than 40,000
    Rural Areas: cities/towns with a population less than 40,000

    Delivery Days are defined as regular business days Monday thru Friday.

    AHI Enterprises
    Urban -- Next Day
    Rural -- 3 days
    Paper -- 3 days for both urban and rural locations

    OfficeMax:
    Urban -- Next Day
    Rural -- Next Day
    Paper -- Next Day

    Tier One Partners Alliance:
    Urban -- Next Day
    Rural -- Next Day
    Paper -- Next Day

    *Note: some remote rural locations will require longer delivery times. Please consult with the Contractor customer service representative to confirm expected ARO times for your area.

    Providing products or materials which do not meet all specification requirements does not constitute delivery. Delivery does not occur until the Contractor delivers products or materials in full compliance with the specifications to Customer's F.O.B. destination, unless delivery is specifically accepted, in whole or in part, by the Customer. Customer reserves the right to require new delivery or a refund in the event that materials or products not meeting specifications are discovered after payment has been made.

    If delay is foreseen, Contractor shall give written notice to the Customer and must keep Customer advised at all times of status of order. Default in promised delivery (without accepted reasons) or failure to meet specifications authorizes the Customer to purchase goods and services of this contract elsewhere and charge any increased costs for the goods and services, including the cost of re-soliciting, to the Contractor. Failure to pay a damage assessment is cause for contract cancellation and/or debarment or removal of the Contractor from the State's Centralized Master Bidders List (CMBL).

    Inside Delivery: Customers may request "inside" or "room" delivery. Any additional charges for this service are to be added to the Respondent's invoice as a separate item. The following inside delivery fees may be charged by the Contractor:

    AHI Enterprises: NO CHARGE
    OfficeMax: NO CHARGE
    Tier One Partners Alliance: NO CHARGE

    If requested or approved by the Customer, skid packed material in bulk is permitted under this contract. Otherwise, all items must be in individual cartons.

    Pallets: When requested by the Customer, four-way "non-returnable & reusable" pallets are to be provided by the vendor in a 48" X 40" size unless other dimensions are requested. The pallets are to be secured with either straps or film wrapping. The following pallet fees may be charged by the Contractor:

    AHI Enterprises: NO CHARGE
    OfficeMax: NO CHARGE
    Tier One Partners Alliance: NO CHARGE

    Restocking Fee: The customer may request that a contractor accept return of merchandise already delivered. If the return is required through no fault of the contractor, the contractor may request a reasonable restocking charge. The customer may pay a restocking charge, or other similar charge if the CPA or customer determines that the charge is justifiable. As a guideline, restocking charges of 15% or less (plus freight) of the original cost of the materials are generally considered reasonable. Charges exceeding this guideline may require additional justification.

    Less than 15% - The customer can process payment without CPA approval.
    Greater than 15% - CPA contract manager approval is required.

  5. MINIMUM ORDER QUANTITY AND FEE:

    Minimum orders for this contract are $75. Both awarded vendors have agreed to supply orders under this $75 threshold for a small order fee. Customers are highly encouraged to consolidate orders to avoid this fee.

    The following small order fee will be charged in cases where the total PO value is less than $75.

    AHI: NO CHARGE
    OfficeMax: NO CHARGE
    Tier One Partners Alliance: NO CHARGE

  6. SHIPPING INFORMATION:

    All shipping shall be F.O.B. destination. Prices must include all shipping and handling fees unless stated otherwise.

    Identification of Shipments: In addition to the complete destination address, each delivery must be clearly marked with the purchase order number. Each shipment must be accompanied by a packing slip.

    Packaging and Labeling: All items shipped must be properly labeled, with weather resistant labeling, showing the brand name, package quantity, lot number (if applicable) and any other necessary identifying information.

    Hours for Delivery: Delivery shall be made during the hours of 8:00 am to 4:00 pm (CST) of the Customer unless prior approval for after-hours delivery has been obtained from the Customer. Respondent is encouraged to obtain ordering entities hours of operation at time of order.

  7. QUALITY ASSURANCE GUARANTEE:

    The Contractor shall guarantee its products to be free from defects in materials and workmanship, given normal use and care, over the period of the manufacturer warranty. The Contractor shall agree to repair and/or immediately replace without charge (including freight both ways) to Customer any product or part thereof, which proves to be defective or fails within the manufacturer warranty period as specified.

  8. FORCED SUBSTITUTION:

    For the purposes of this Contract, the term forced substitution shall be defined as followed:

    "The act of replacing any item with an alternate item via the use of software or any other method, resulting in the substitution of any item on any order without the prior consent of the ordering entity."

    The Contractor has in good faith offered a firm price or discount for each product proposed with the full intention of supporting the product offerings in each via TxSmartBuy, its online catalog, store front operations, and stocking inventory. If an ordered item is out of stock, the contractor must notify the customer for prior approval before substituting for the out of stock item. The practice of forced substitution will not be accepted and will be grounds for contract termination.

  9. CUSTOMER SERVICE:

    Contractors will be required to provide each customer a single point of contact to handle questions and resolve problems that arise. At least one Customer Service Representative must be available during Contractor's operating hours. All service representatives must have on-line access to information to provide immediate response to inquiries concerning the status of orders (shipped or pending), delivery information, back-order information, contract pricing, contracted product offerings/exclusions, billing questions or issues, contract compliance requirements, and general product information. Representatives should be available by phone, fax, or email.

    In addition, Contractors must maintain a toll-free customer service line operating between 7:00 a.m. and 6:00 p.m. Central Standard Time (CST), Monday through Friday.

  10. TRAINING:

    Contractors shall provide all training as necessary at no additional cost to CPA and all authorized Customers on all aspects of ordering, product delivery, product returns, and customer service processes.

  11. CATALOGS:

    Contractor is required, upon any request by Customer, to provide the user with custom "State of Texas Office Supply" catalogs and descriptive literature. The catalog must contain all products bid in the Response as well as net price to the State. This information is to be provided to the customer within five (5) business days of the request. Such information shall be provided at no charge.

  12. CPA CONTRACT MANAGEMENT: Questions regarding contract management issues, price changes, amendments or other post-award concerns should be directed to:

    Bobby Pounds
    TPASS Contract Management Office (TCMO)
    Texas Comptroller of Public Accounts (CPA)
    Fax: (512) 936-0040
    E-mail:bobby.pounds@cpa.state.tx.us

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

    TPASS Contract Management Office (TCMO)
    Texas Comptroller of Public Accounts (CPA)
    Fax: (512) 936-0040
    P.O. Box 13186 Austin, TX 78711
    tpass_cmo@cpa.state.tx.us

  14. 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.
  15. 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.
  16. VENDOR CONTACT INFORMATION

    Customers should reference the state of Texas contract and their organization name when contacting customers service representatives.

    AHI Enterprises
    Phone: 877-865-4402
    Email:care@ahitexas.com

    OfficeMax
    Phone: 877-226-6189
    Fax: 877-226-7303
    Email: stateoftexas@officemax.com

    Tier One Partners Alliance
    Phone: 855-855-8172
    E-mail: service@t1pa.com

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