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Contract Terms and Instructions

765-A1 Road and Highway Equipment: Earth Handling, Grading, Moving, Packing, etc.

Start Date: 08/2011

End Date: 06/2014

  1. CONTRACT NO: 765-A1
    Road and Highway Equipment: Earth Handling, Grading, Moving, Packing, etc.

    Enter requisition(s) into the TxSmartBuy on-line ordering system. Only purchase orders issued through TxSmartBuy are eligible for contract pricing.

    For State Agencies: PCC A

    NIGP Code(s): 765-61, 765-75, 765-77

    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. TERM OF CONTRACT: August 18, 2011 thru June 30, 2012
    Renewal Term: July 1, 2012 thru June 30, 2013
    Renewal Term: July 1, 2013 thru June 30, 2014

    3rd Renewal Period: July 1, 2014 thru June 30, 2015
    4th Renewal Period: July 1, 2015 thru June 30, 2016



    Payee ID No.: 14811319426
    Henke Manufacturing Corporation
    3070 Wilson Avenue
    Leavenworth KS 66048
    Contact: Steve S. Kullberg
    Phone: 913 682-9000 ext. 216

    Payee ID No.: 14861093970
    Broce Manufacturing Company Inc
    205 East Main
    Norman OK 73069
    Contact: Terry R. Wimer
    Phone: 405 579-2488

    Payee ID No.: 1412032661700
    S B Manufacturing Inc
    3707 W. McCormick St.
    Wichita KS 67213
    Contact: Shane T. Reeder
    Phone: 316 941-9591

    Payee ID No.: 13912083048
    M-B Companies, Inc
    1615 Wisconsin Avenue
    New Holstein WI 53061
    Contact: Steve Muellenbach
    Phone: 920 898-4203

  6. DELIVERY DAYS ARO: Information is available on each line item in TxSmartBuy

  7. SHIPPING INFORMATION: All shipping shall be F.O.B. destination. Prices include all shipping and handling fees unless stated otherwise.

    All equipment shall include the following pre-delivery service:

    • All fluid levels checked and maintained with the proper grade and type of fluids.
    • Pre-delivery inspection and service on the equipment.
    • The interior and exterior of units shall be clean and freshly washed at time of delivery.
    • A minimum 1/4 tank must show on the fuel gauge when delivered.
    • Include one (1) each additional filter and belt of each type.

  8. WARRANTY: Units shall be warranted against all defects in material and workmanship for a period of not less than 36 months or 3,600 hours of use, whichever comes first, and shall cover 100% parts and labor for the unit. If the manufacturer’s standard warranty period exceeds 36 months or 3,600 hours, then the manufacturer’s standard warranty period shall be in effect. The warranty begins on the date the unit is determined to meet specifications and Customer acceptance is complete.

  9. 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.

  10. CPA CONTRACT MANAGEMENT: For a copy of the contract and/or 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

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

    Manuel Perez
    Texas Procurement and Support Services
    Phone: (512) 463-2469

  12. 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.


    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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